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

aforesaid, the nlntn paragraph lnCluue5
other property In the nanuS uG the tfuS-
tec 1 mere was no intention or stating
another or separate cause OF action, 1nu
purpose OF the entire complaint Is an Ia
junction as prayed. 10 mako some OF
the allegations AZ to amount more dcn-
mite ana certain a statement OF the sum
or amount is asked o1 defendants In thef
anSwer-Sucn discovery IL common III plllS
or TINS character. 1t was not necessary
TO allege the names OF the persons be
qucathing, donatlng or conveying property
10 the trustee, mol was II necessary TO
state the time or place OF such bequesta,
devices or conNcyanCes. Wnotner Brown,
Jones or some other person make such
confcy9nces or donations is unnecessary
In the complaint, or whether IL was done
IN January or December or in one place
or another-all such facts VIII be proper
peculiarly within the knowledge OF the
trustee 10 Encyclopedia OF EleadinE and
Practice, p. e3i; Young VS.. DeMott l
Barb. Sup o 80, Meter VS. Meters Ad-
ministrators. 10 N. J.. Ea. pp.A5I-56l.
In the last named case the court said,
AS a general rule when a complainant IS
a. discovery. Of the facts upon which his
right to relief is based"
AS stated in tho second paragraph OF
thls brief. II is sufficient to allege in the
complaint ownership OF land or other
property even when plalntff seeks 10 re-
cover IL or TO try his title; IT is not neces-
sary to deralgn title or to state where.
when or OF whom he obtained the prop
erty. Some Of the authorities are cited
In that paragraph.
section II. OF Article u OF the ConstE
tuition of Utah provides that mo corpora
uon shall engage In any business other
than that expressly authorized in It's
charter or articles OF Incorporation
AND sections 342, a3 and 3i4 provide for
corporations not for pecuniary pront. and
that the chairman or secretary or the
meeting shall make an affidavit in which
tho name OF the church OF society eS
1nCOTnOratlOn
Ject shall be inserted; and section 3H fol-
lowing declares that the at1idayit shall
such society or association. And section
3ib provides that Corporations not for
peeuniary profit shall have power to re-
celve and hold such property. real and
gift or devise. as may be necessary 10
carry on or promote the objects of the
corporation. society or association"
The foregoing sections clearly indicate
the intention Of the State to authorize
corporations not for pecuniary profit for
me particular purpose mentioned In their
the incorporation Of religious associations
for other than church purposes. the Leg
islature of the State has declared tho
public policy OF thetState lc that all re-
business to such as directly tends to tho
advancement or promotion Of the peculiar
purposes OF tho church Franchises are
granted by the State to such g religious
corporation because OF a belief that the
common good will be promoted thereby:
at least that IT Will not be injuriously af
fected And In refusing TO allow religious
associations to be incorporated for other
than church purposes the people through
their Legislature have expressed the opln-
ion that the cause OF religion would be
demoralized and degraded by engaging in
secular business, In trade. traffic and
speculation for pecuniary profit. Religious
associations by engaging In secular bust
ness for tho purpose OF profit-merely to
accumulate riches-violate public policy
Greenhood. in his work on Public Pol
Icy. says BY Public Policy is intended
that principle OF the law which holds that
no subject can lawfully do that which
has the tendency 70 be Injurious TO the
public or against the public good which
public policy In relation to the admins
tration OF the law" Greenhood on Public
If It were conceded that the Mormon
church has the right to engage In secular
business for the profits it may obtain
then It must be conceded that all other
churches haVe the same right unless they
abandon their corporations or disincor-
porate and engage In the business
scramble
Christ OF Latter-day Saints entertain re-
llgious beliefs in common and are united
for the worship OF God according to their
own religious beliefs and are cooperating
f-r the maintenance and dissemination OF
their peculiar doctrines The association
Is voluntary and II has no constitution
or bylaws, but It's members are associat-
ed for religious purposes, not for COM
mercial, or industrial purposes, or for the
purpose OF trade or speculation or for
any secular purpose. The injunction is
asked upon the facts that the church Of
Jesus Christ of Latter-day Saints IS a re-
ligious association. that Joseph F.. Smith
is Its trustee and that he has In his hands
the funds mentioned In the complaint
which equity required him to devote d.
rectly to church purposes, but which he
Will misapproprtate and devote to tenn
poral and secular purposes unless re-
strained by an Injunction of this court
This court must regard the Mormon
church as a religious denomination, a re-
ligious association; with authority to own
property, personal and real, for church
purposes by means OF a trustee: and with
power through him to transact such secu-
lar business as may be directly necessary
for the advancement OF church purposes.
Some Points of Law.
In his argument Judge Zane said
they might have alleged that the
church, after some twenty years as a
religious association. was attempted to
be incorporated by the State of Utah,
coming to the conclusion
that the State had no authority, but
the law was eventually sanctioned by
the Legislature. and they might have
alleged that the charter had many
things In 1t that were unlawful. They
might have alleged that 1t was disin-
and was null, and that this
q association continued before and after
that act was annulled just as 1t done
under the act. They had the right, so
far as this case is concerned, and the
law is that when a corporation is dis
and the charter is for
feited the association of the church
continues as before, The association
and the church and the property of the
church continues for the benefit of the
church and those who constitute the
church. 1t is the members of the church
that are the essence. These corpora
tions are but mere instrumentalities.
Where 1t Is church. however, a some
what different rule applies. A church
may continue and may use the prop
erty and the power that 1t has as a
church for church purposes, notwlth-
standing there is no corporation, and
when this church was disincorporated
by the act of Congress, then by the
courts declared that It was disincor-
porated. the court of the Territory OF
JTfab and the SlInrerna court Of tha