The Montgomery advertiser., 1906-07-28
ZION CITY DOESN'T BELONG TO
 DOWIE, SAYS JUDGE LANDS

lutely bound to turn it over to his suc- cessv- ih perpetuity for the church.
 After quoting from Dowie's official publication Leaves of Healing, to show that for six or seven years Dow fe mad declared that he was trustee of tho estate. nfnety-five per cent Of which he asserted belonged to "Zion as whole" the court auates a codicial to Dowies will executed in August. 1905. as follows:
 The remaining nineteenth twentieths of said estate In my name. which I church. do hereby give, devise and bequeath to my said successor In cf1ice. to him or her and his or her successors In of1ice to be so administered for said church and the extension of Zion and the Kingdom of God in conformity with the rule and practices of said church."
 Of this codicfi the court says:
 There is no escape from the plain meaning of these words. The decia- ration is unqualified and is com obligation and for the court to enter dscrse of private ownership would be 70 perpetuate a fraud"
 sision says.
 Granger DisquaIifiea.
 < ls strongly insisted by voliva and his associates that the defendant Granger be continued in charge. This appointment, 1t Is asserted. is an ab- aotute necessity. do not concur fin this proposition. waiving aside the question of Granger from the stand roint of business ability, some time ago he took VOW from which I quote the Following: I vow in the name of God. my Father and Jesus Christ His snn and my Savior and the Holy Ghost that recognize John Alexander Dowie. general overseer in this three fold prophetic office as messenger of the convent. the prophet foretold by Mos-. es and Elijah the restorer; and prom tse to obey all rightful orders issued by him and that all family ties and ob- ligatfons and all relatives to all human governments shall be held subordinate to this vow. This make In the pres ence of God.'
 The court says of this vow:
 Tt is not my duty to express my contempt for a man that could exact or take this oath. But I am not oblig- cd to repose my confidence in a man so constituted, that living in this re- public he would serenely VOW his readi- ness at ail times to abandon his fami- ly and betray his country. l VIII not appoint Alexander Granger And I sus- gest that whoever ultimately prevails in the ecclesiastical controversy give prompt and serious consideration to inc question, whether or not such an oath tends to give responsibility 70 the church and whether the cnureh may Justly expect q court Of the unit ed states to long continue to foster a frust estate for the use of religious oreanfzation whose conscience and m +aiIt~anne does not cause an unconoi- ttonei 5isavowai and abandonment or the obligation of this loyalty.
 Win Elect 0verseex.
 The court ordered an elecflon 70 pe held on the third Tuesaay oa seg tha z election laws of Illinois. at whlch ail r9ale and female members pf the c6urch now residing at Zion City ana who have continuously resided tnefe since January l, 1906, shall pc entitieo to one vote; the names Of persons to be voted for to be certified to the uni- tsa states District Court within ten davs. If no more than one name shall be certified. the court will, In dealing with the trust estate, recognize sucn person as the legally chosen general overseer of the church. If more than one name is certified. such persons snaIi have the use of the tabernacle at zion City alternately up to the time or eiec- ton. The court said that he would provide for Dowie inasmuch as the present value of the estate far exceeded the actual amount of contributions and or | ferings-make a. suitable provision TOT his services as trustee. The amount. the court said. would be determined later.
 HmtHey is Receiver.
 John c. Hately, was today appointed | receiver at Zion. His bonds were placed at $25,oa0. The adjudication In the bankruptcy proceedings against Dowie was set aside.
 The effect of the decision IS to place the industrial affairs of Zion City in the hands of the court through the agency of MT Hately, while the church $ spiritual matters will come under the supervision of the overseer to be elect ed in September
 Claims against Dowie are now claims against the receiver.
 Mir. Hately is a member of the Board of Trade, 6 capitalist and is active in charitable and reform movements | As to the election. Judge Landis as- 1 sured the litigants that he took the re- | sponsibility for its fairness on his own ! shoulders.
 Dowie was not in court. illness con | fining him to his hotel.