The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-07-17
THE TITHING CASE.

| the situation OF the so-calleu chulCh
| tithing case.
Charles a. Smurthwaite. OF Ogden
and Don Carlos w. Musser. OF Sal'
| Lake (both ihen members OF the Nor
! mon church and both former 1.-THE
| payers-although Mr.. Srnurthwaite has
since been excommunicated), brought
suit In the District Court at Salt Lake
against Joseph F. Smith and his CO.
adiutors. asking that they be enjoineu
| from investing in secular business any
| OF the trust funds which had been con-
| tribuied to the church by the Mormon
people To their complaint IN inns
action demurrer was made by the
church attorneys and sustained by the
court. An amended complaint was hlcd
IN thclV tehalf by Judge zane. ana
to this also demurrer was made by inc
church attorneys Arguments have been
had by the lawyers for the church anh
by Judge Zane for the complainants, ana
the demurrer TO the second complaint
has leen taken under adVisement ny
the District Court That is the condi-
tlon Of the case.
The Tribune does not desire to set
ur antecedent opinions in this matter
which is receiving Judicial considers =
ton. and therefore refralns from COM
menting upon the sutilciency or inc
facts and the arguments ad6uced In be
half of the epetitioners-Messrs. Smurth-
waite and Musser. But on the general
proposition of accountability 10 con-
tributors OF trust or mutual funds, and
on the general proposition Of the i'm
policy of investing church moneys In
speculative worldly enterprises, there
cen be no improperly In public show
ing.
Less than five years ago, the great
life insurance presidents disbursed the
funds of their organizations as seemed
10 them good: they were the sole judges
of what was beneficial to the compa-
,nivs: they employed legislative and
other agents; they gave to political
sush funds, under their direction Law
sh salaries and expense accounts were
appropriated. Practically their answer
10 the policy-holder or any other in
terested individual was; None of your
business Some Of the railroad COM
ranies have been conducting affairs
in the same way. Notably, also, the
Society for the Prevention OF Cruelty
to Animals. which was dependent at
most entirely upon the contributions
of it's members, was run by an AFRO
CANT president according TO his own
whim and its funds disbursed accord
ing TO its pleasure. And there Is
Dowie.
The sweeping change that has been
made cannot fail to attract notice,
From the life insurance magnate to
Dowie, the false prophet. who took
the money of Zion for worldly busi-
ness. the misappropriators Of trust
funds are on the run-some of them
on lock-step run in Jail. some OF them
on the run from sphere to sphere, for
they are dead. and some Of them on
the run lodging subpoenas or war
rants
The world has walked UP on this sub
ject The day when man. under pro-
leCtlOn OIL lne law, COulu gunner tHe
money OF the gullihle, under pretense
that it's utilization would be admins
tered better in his custody than in
that OF the producers, and the day
when he could scatter the money
broadcast without responsibility for its
use or loss, has passed away in the
United States. Whether Il man at the
head of a company or an organization.
holds the money In trust for the wives
and children OF policy-holders or in
trust for stockholders or I'm trust for
benevolent or religious purposes of d
society or church, he can no longer
ignore the rights Of the real owners
and he can no longer defy public judg-
ment,
1rrcsponsibility. selfshness. grating
with regard to trust funds-all these
Wrongs have had their day, and the
time has come for the rule OF righteous
ness. The law Is sufficient, speaking
In general and where 1t is not sufIi-
cient It will be reinforced; and courts
will deliver their decisions in accord
ance with justice, speaking In general.
and where they do not, they Will be
reviewed by an intelligent and all
powerful ballot.
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