The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-07-28

CHICAGO, July 27.-Judge Lands. In
the United States District court gave
his decision today In the controversy be-
tween the adherents of John Alexander
Dowie and Wilbur Voliva over the prop
erty at Zion City.
The court holds that Zion City and It's
industries Go not belong 10 Dowie; that
while the contributors OF the funds do
not express a formal declaration OF trust
the trust was created and Dowie had no
right TO treat the property as his own.
The court refused TO appoint Alexander
Granger receiver for the reason that
Granger made VOW recognizing Dowie
as "a messenger OF the covenant, the
prophet foretold by Moses and Elijah, the
restorer," to which VOW "all family ties
and obligations and all relations to hu-
man governments shall be held subordi-
nate"
The court said he was not obliged TO
repose confidence In a man so oonsti
tuted that, living In this Republic, he
would serenely VOW his readiness at all
times to abandon his family and betray
his country.
New Election Ordered.
The court ordered an election on
general overseer, all members
OF the church residing In Zion
City, male and female, TO have
one vote. He announced that suitable
provision would be made for Dowie on
account of his services as trustee. Fol-
lowing IS the decision:
II appears that Dowio.s native Of Scot
land whore he had received theological
education. came from Australia TO the Pacific
coast in 1888, and remained there o number
OF years engaged in church work; from there
he came TO Chicago, and in 1890 undertook
the Zion City enterprise II execution OF a
scheme conceived by him many years before
that he purchased q vast tract OF land, psrt
of which sub-dvided and laid out i'll
pack and residence property. provision beinc
mado for manufacturing sites; that the
grantees of building lots erected houses, ac
commodntins G0oo or 5000 people, thar
Dowie constructed sohoolhousos and college
buldings'nt a cost OF several hundred thou.
sand dollars and tabernacle seating 1000
people, and chat n lace factory, soap works
and othor industrial enterprises wero estab-
liehcd TO give employment TO the Inhabitants
OF Zion C:Iy, who were practically all mem,
scheme was accomplished, in part by moneys
received from purchasers of lots under eleven
hundred year lenses, bu; large part OF the
capital was money contributed to Do"ie oy
persons outside o; Zion Ciiy'
Dowie's Own Testimony.
Dowie's testimony respecting the origin of
quoted as follows:
u acquired this property by thc gener
osity of good people throughout the world
I hayo looked upon the estate as the rcsul:
largely OF my own good sense undor God;
the money came IN tho form of contributions
from the same common sourco-the people oil
over tho word-mossly outside OF Zion CITY.
l believe the property 10 be completely mino
to do with as l please, and that no human
being has any claim interest in It. con.
slider it, however that the way l got tho
property and tho way i'll which l have u.
binds mo absolutely, when havo ceased 10
control it, TO put ii in trust in perpctuity for
he Christian Catholic Apostolic church, so
hat il shall 10 down TO generations to do
rood in that line, with tho exception OF two
lud onehalf per cent. which l think is fair
or myself aud my family. I did think Ave
ser cont but / have reduced il to two and
,nohnlf and am somewhat inclined 70 reduce
: stil moro -
Aftor calling attention 70 the fact that
uaSmuoh MS Voliv0 s convcyenccs to Granger
we're in plain violation to the spirit and In
cpt OF Dowie's power of attorney TO VoliVa.
which the court holds, both NolIyn and
Granger we'll knew, tho court said:
'AS between Dowio Voliva and Granger
hcso instruments were nero waato paper,
Dowie's Big Income.
The court then traced Dowies church ca
Ger, beginning In Australia, down to his
rork in Zion City. and found that Dowio
nd Tor many years been in receipt of largo
ov enue which ho devoted to church sna