The theocrat. [volume] (Zion City [i.e. Zion], Ill.) 1914-1949, 1916-01-08

which said building used notices served the de-
PENDANTS that they violating the general plan OF the ZION
CRY SITE and the restrictive contained in the leases Of
essee and that the to which said building was
put obnoxious harmful and injurious to the rights OF the
parties whose names signed said notice, and who were
holding title under the leases issued containing said
sctve covenants that said Wilbur Glenn Vova one OF the
compliments General Oveee consulted counsel to find out
if of said premises could not be restrained IN court
of equity and result of such consultation this bill was filed
behalf of the companan and others obtain injunction
restraining the of the premises and hereafter used as
alleged in the bill of complaint.
The bill length various utterances by John Alex
ander Dowe by his attorneys his assistants and agents. also
paragraphs from publications edited owned and con-
roed by said Dowie to the effect that ZION CITY site was Sc
cured for this purpose Of building odke city, and that the
many evils sins and other things which prevailed IN ordinary
cities would not be permitted in ZION CITY.
That the land would be conveyed only by lease and that each
should the restrictive covenants prohibiting the use
of the land conveyed for contrary to such rec
the owner fe and his heirs assigns and all subsequent
General Oveseers bound equally with the purchasers by
these and that they could violated by said John
Alexander Dow else who might obtain lease
veyance of of land the e that said church
posed of people residing this country and in practically all
foreign countries that said church has large membership and
that of the inhabitants who reside in said city were
prompted here and purchase interest and reside in said
city by of said statements which made as to the gen
era scheme purpose which the land secured and that
would here but for such representations that
they relied the made and believed when
they purchased their easeod Estates that the easeod cove
be embodied all leases in said city and embodied IN
their covyances such could be and would be enforced
and that they coming to reside city which would be
clean Gode city and place where they could their
families pure atmosphere free from the evils which prevailed
ordinary cities that the restrictive covered all of the
and binding upon the
chaser their heirs and assigns but the lessor WE'LL and
that of the things prohibited by such covenants would be per
mitted in upon said site
That the Federal Court administration Of the
these restrictive covenants as binding and these
part embodied the coveyances which
given the Receiver for the lots which conveyed
him. the defendants by of their knowledge Of ZION
affairs and their relation ZION and institutions and fa
ary with literature and teachings had full knowledge Of the
which the land transferred the restrictions which
had been placed its and when they purchased the land
construced budened with the restrictive and
could be used against the protests of any interested party for
purpose or in any manner in violation OF these covenants
That each of them took title to the land, in fee and
enants fully and to all nten and purposes though said
stcve embodied and made part of their
respective conveyances that John Alexander Dowe and his
trust bound to observe said covenants their
part and that there had been and disposition
their part evade avoid refuse recognize the binding
force and effect of these covenants upon them.
The bill further alleges that the contrary they acknowledge
the binding force of such covenants and have been and
Zion 5000 Inhabitants that per
of the land situated within its boundaries held by convey
in which the restrictive covenants embodied
That about three per of such land held without such
restrictive covenants and that only about oneenh of per
of the population of said city has any DESIRE disposition
inclination the property held way violation of such
restrictive covenants that Wilbur Glenn Vova the present Gen
era Oersee in 1911 purchased from the Receivers the balance
Of the ZION estate and the head Of the church,
of large of land within the boundaries of said city that he
purchased said land with the understanding that budened
with SAID restrictive covenants; that he had
disposition sell the contrary such resrc
tons that the of the premises question by the defendants
for the for which they being used violation
OF the general scheme which said city founded and
impairment of the compliments rights and that if permitted
to continue, they will be rreparaby injured
That at the time the bill presented the court it
stated to counsel that view of the far reaching effect of the de-
cision this evey Of real estate and every nhab
liant of said city being directly indirectly affected thereby
that the court stated that desired ask the Honorable Arthur
H. Frost and the Honorable Charles H. Donney, the remaining
two Judges of the 18th Judicial District assist the consider
alton of this that vomnou brief presented with
the bill to each of said Judges and later hearing had
before the court sitting hernabove FORTH and the
argued orally by the respective counsel length
this time the continued and each party given time
file briefs the question of public policy and the briefs
filed pursuant to said agreement
The court does intend to the law upon the prop
oslt1on to cite authorizes sustaining position this
necon The contention of the compliments that all of the
property in said ZION site is burdened with the restrictive
andr Dowie that the defendants had knowledge of said re
tive and that having such knowledge they title
the premises burdened with said covenants said covenants
not personal covenants but which with
land and binding only upon the esees but upon
sors WE'LL that title could be given by the Overseer
ceVer freed from such restrictive that attempt
OF the Receiver to convey fee simple title Bellows by
lows to others ineffective and that the property involved
this suit could not be used by the defendants any one else
violation of such restrictions
On the of the defendants that the resrc-
tive covenants and did land that
they did run with the land they contrary public policy
and that they ntrnged upon the rights of municipality the
SAID city OF ZION since its location and establishment having
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