The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-11-23
THE TITHE CASE.

'dse nsS not heen dPncaled from The
decision Of Judge Morse of the District
Court to the Supreme Court of the
State.
That malignant falsifier. that protec-
tor Of loot and graft in the name of a
biasphemed God. makes editorial pre-
J. tense to its readers that the proceedings
brought by Charles a. Smurthwaite and
Don Carlos W, Musser to cDioin Joseph
+. Smith and his colleagues from invest.
ing the tlthipg funds iu commercial en-.
terprlscs. was an assault by the ''cne-
mics of truth - upon the rights Of the
members of the Mormon church: that
the case of the "conspirators against
the meek and Iowly Joseph F. Smith
had it's day in court that the econ
spirators took advantage of every
| tcchuicality of the law: and that a
knockout blow has been delivered to
them by the fact that the District
Court sustained the demurrer Of the de.
PENDANTS in the action
As usual the News INDUCES in mass
of hyperbole, gratulation and prediction
! with no foundation in the truth for any
Of its uttcranccs. The final sentence of
| Its editorial TO the effect that ''all is
! well that ends we'll shows the himsi-
ness of the ground for its self-satisfac
tlon, and demonstrates that It's sole in
tention is to mislead its readers both as
to the proceedings and the objects OF
the plaintiffs and as 10 the 6nality OF
the demand for legitimate use Of the
vast tithing funds which are being
gathered by the pretended prophet
The plaintiffs rcsorted to no techni-
canty; they had no opportunity to in
terpose sny such. They mado a com
Plnlnt which, IN the judgment of the
most learned men of the bar of this
city, demonstrated Just cause of ac.
ton. When that complaint was de
INJURED to and the demurrer was sus.
tanned, they made an amended com
plant. II is clear that il was the de-
PENDANTS, Joseph +. Smith and his col.
leagues, who interposed technicslity;
they fought for delay and secured il. BY
successive demurrers, which were sus.
tanned by the District Court, they pre-
vented a hearing of the case on its
merits A proof of that assertion is in
the tact that the cause was dismissed |
without rejudice-meaning that it. NAV !
he renewed al any future time by |
these or other plaintiffs.
MessrS. Smurthwaite and AI8sser new
or had their day IN court-slthoueh TO
turn the word Of The News against it,
self
who are Joseph f Smith III plural. had
their several days in court and utilized
those days to prevent any investigation
INTO their misuse OF the half score Of
millions of dollars which they have ex-
tractcd from the pockets of the people
without any accounting Both false
hoods arc characteristic of the News.
IL is the only journal in the United
States which would dare 10 say OF such
case that the plaintiffs had resorted
TO every Icchnicality known to the law
and that they had received their dav
N court. The News writes to deceive
rs duPes and not for Intelligent people
There is not a lawyer al the bar nor
! business man in the whole community
but knows that this entire statement
~ the church organ is an uumitipatcd
The plaintiffs did moi asssil the
lights of the members of the church. On
ne contrary they were asserting not
'nly their own rights as mombcrs. but ,
he rights of all other members of the
Mormon community, They had been .
1.-THE payers. They had protested
galnst the misuse OF the moneys cou- !
rlbuted by them and others for legiti- I
nate church purposes and for the benc. ;
it of the poor. They had objected TO ,
he utilization OF these enormous funds i,
II commercial purposes for the ag- .
Of Joseph +. Smith and :
+ fc" favorites, contrary TO the law /;
t the church and contrary to The law
+ tho land and the public policy of
his country. When protest aud objec- :
ION within the church had proved of !,
o avail, they sought Justice in the r,
ourls
Let MS sec what, ii amy. injury + I
7ould have been done 10 the members
+ the church if the case of Messrs: f..
and Musser had prevailed
nd II Joseph F. Smith had been en- :
oned from using the-tithine funds in
ommerclal pursuits; ;-le4- rs see what. If
ny. injustice would have been pcrpe.
rated upon the tlths payers if an ac-
ountine had been forced by the law
pom the trustee in trust The immense :
of two millions Of dollars .
er annum into his custody would have
ntalled a responsibility upon. him, both
or utilization and accounting. He !
ould have been compelled 10 tell the J
lormon people how much money he re- II
eves from them each year; lie would i
ave been compelled 10 disburse that
'oncy for legitimate church purposes or
OF a all; the poor % the faith would I
ave been taken fcoLi the olmsnouscs; q
istenaDce vo"id ha,o tcea nror!cd 20 e
lc places of vors,li7 ~ tho ;ilsry wards q
the community; tie bishops would W
ave been no io2scr compelled 10 takc I;
i'll another tcuth ont or the faithful t. 81
lstain thc loca! Eect,a cs the church: II