The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1910-06-09
Judge K. NJ. Lands Decides
Against Independents at
Zion City Thursday
TRUSTEES AS ALTERNATIVE
Judge Declares That He Has Person
ally Investigated Conditions in Zion
and is Well Acquainted With the
Needs of the City,

Independents have in effect lost the
first engagement in their battle against
the sale Of the Zion estate to Voliva.
Thursday afternoon Judge Kenesaw
Mountain Lands entered court order
dismissing without prejudice the petit
ton of w. H. Lichty and others in re-
gard to the sale of the college building
and land to the Seventh Day Adven-
lists. This disposes Of the. present
petition but leaves the way open for
the introduction Of another if the In
dependents deem it wise. 3.
incidentally the Independents by the
decision lose their contention against
Receiver Gus D. Thomas, who is sus-
tanned in every respect, and will have
to "come again" with something
stronger before the court.
The date for the final settlement of
the Zion estate by the termination of
the receivership has been set indefinite
ly for Monday, June 9th. At that
time it will be only matter of choice
between sale to Voliva and rule by
seven trustees and it is probable that
the former will be the outcome.
The points in the judges decision on
the matter are in detail as follows:
1.-The avermants of the petitioners
as to the amount of their financial and
other interests in the Zion estate are
not sustained.
2-There is nothing to prove, that the
receiver, Gus D. Thomas, did not offer
the Adventists and Independents inter
ested in locating Mendoza college
in Zion City more than fair deal,
or that any definite or authorized prop
osition was made him up to May 21st
or that anything so tangible as to ad
nit of acceptance had been offered.
3-That every act of Receiver Gus D.
Thomas in regard to all parties is sus-
tanned as just to investors, to the
parties after the deal and to the court
which appointed him.
1.-THE petition is dismissed without
prejudice and the court fixes Monday
next as the time for the final engage
ment that will settle the fate of Zion
estate.
The court decision was greeted with
intense interest by the parties involved
and while Independents are naturally
inclined to be dissatisfied it is claimed
that they have not hook to hang an
objection upon so fair was the court.
Judge Lands yesterday sprung a
bombshell of his own in the Zion City
hearings being held in his court to
determine the ultimate fate Of Zion
estate, whether it shall continue under
a receivership, be ruled by seven trus-
tees, or be sold to Wilbur Glenn Voliva.
The judge stated in effect that he
has visited the city very recently in
cognito. "I have been in the homes
of Zion. I have seen the life of the
people. / have visited each element
of the population. | have attended
meetings held by each faction. I have
heard the various leaders speak. I
can judge at first hand' was what he
said in substance.
The effect of the announcement was
electrical. 1t came as great surprise
to the overseers and leaders who were
present and Overseer Voliva particu-
larly appeared to be affected. The
practical result will be that the iurist
is fully equipped to decide the matters
at issue and will be able to separate
the extraneous and inflated matter
from the important and the accurate.
Judge Lands announced during the
hearing that in his opinion the time
has come to close the receivership and
it is expected that this will be one of
the steps taken. He announced that
the offer of purchase of the Zion col
lege building by the directors of the
Mendoza Adventist college, would be
given full consideration and that he
will also consider any offers of pur-
chase either for separate parts of the
estate or for the entire estate.
Judge Lands said that he thought
that he well understands the situation
of matters in Zion City and that he
had been in that city on numerous
occasions. He then told of visits to
the homes and talks with the people.
His announcement that he had heard the
different religious leaders in Zion Great
ed a furore. Also he stated that he
did not consider the situation in the
city any different than in other religi-
Gus centers where division has taken
the place of union.
Mrs. Charles Hollister entertained a
party of friends at her home on West