The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-07-09
THE BIRDsALL CASE AGAIN.

There are some new developm ents in
the Birdsall case which once more
bring it 10 public attention and inter
! est. 1t will be remembered that Cora
| Birdsall had a tract of land which a
! peighbor wished TO possess. The Nor
mon church undertook to compel her
to deed the land TO this neighbor, and
prosecuted her with such severity that
she lost her mind. The high council
of the church in that county took jur-
isdiction of the case and decided
against her. An appeal was made to
the first presidency of the church in
Salt Lake, which affirmed the decision
Of the local high council, Thereupon
the pressure upon Miss Birdsall to
make the deed which the church au-
thorities had decreed that she should
make was so keen and harsh that she
went distracted. A guardian was ap.
pointed for Miss Birdsall in her unfor-
tunate condition, and the case was
taken into the civil courts. Not long
ago the Supreme Court of Utah rem.
dered decision which treated with
deserved severity the action of the
church authorities in assuming Juris-
diction of this case, and also on their
personal treatment of Miss Birdsall
1t seems, however, that she is not
getting the relief that those in charge
of her affairs expected that she would
have from this decision. The guard
iau was, of course, required TO account
to the court for the property in his
charge, and did so. Judging that the
very best thing to relieve her mind of
the strain which has come upon it by
reason Of this suit would be TO free
the land entirely from all ,ncumbrance
so that she could enjoy it without dis
pute or cloud, he advanced the money
TO do this; thus all claims against her
estate were transferred to those who
do not desire to press them. The idea
in all this was TO release her from the
asylum, and allow her to go home and
live with undisturbed mind
We understand that this was agreed
to by the doctor in charge of the asy-
lum, who suggested that preparations
should be made to take her home for
her benefit, as well as to stop the ex-
pense there. The order of the court,
which was formally required in order
to effect this, was asked, il being sup
posed that there would be no objection
to issuing it. But the Judge, at his
own motion, stated that Cora Bird
sail was unfit to go home, and refused
to make the order for removal. This
looks to those who have charge Of Miss
Birdsall g affairs as if there is q de-
termination among the civil off 'ials
who are servants of the church np
her in the asylum IN order TO 60 up
the whole value of the estate. So
"what the church failed to do for the
State, the State is now doing for the
church. - If Miss Birdsall does not
recover soon at the asylum, the estate
must eventually be sold in order to
meet the expense of caring for her
there.
The situation, so far as the guard
ian and the estate are concerned, and
also SO far as Miss Birdsall is con-
cerned, is one of peculiar hardship.
The general effect on both the church
and the civil side of the case is, first,
the church was determined TO rob her
of her estate; and now, the State
appears, from the representation made,
to be determined through the civil
courts, to compel the using up OF the
estate in order to support Miss Bird
sail away from home and to keep her,
so far as possible, IN the unfortunate
mental condition which the church
harshness threw her into in the first
place
1t is one of those puzzIing cases
where it is yerv hard to sec what re.
lief can be afforded On the one hand,
the church authorities proper are de-
termined on the woman g ruin; on the
other hand the church agencies in civil
power appear to be determined to dis.
sipate her estate so that she shall not
enjoy what the Supreme Court of the
State has declared to he undoubtedly
hers. IT is n hard case all around,
and the crisis will come when the point
is reached where there is no surplus
left in the value of the estate over and
above the sums which have been ad
vanced TO clear it of debt.
This is one of the most notorious
cases of church interference in civil
affairs that there is in Utah. 1t was
used in the Smoot investigation in
Washington, and it was conceded that
it fully proved the church interference
in civil affairs and in land titles The
Supreme Court of the State took the
same view precisely, and denounced
that church interference, But as the
church has the grip on the civil au-
thorities in that part of the State and
they can be compelled to carry out the