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Show DAILY UTAH STATE SA7LRDAY, APRIL JOURNAL, TEES APPEAL aside decree of 8E to a. That Hit Caw Wat Improp-Hanltd By th. W.btr SUkt High Council. d excommunication decree bounced by the Weber atake high to enable Ml wat designed largely fsmurihwalte to reiain hit mem-- v the church for the purpose auffl- present tuiL he bellevea .Irregularity of procedure exists setting aside that decree, the high peal 1 made to if the Church of Christ, pro-God for in the revelation from oL Prophet Joseph Smith, record- "action 103 of the Book of Doc-i- S Covenants." This high coun-- J. of twelve the church consisted and one or three presl-J?.,Tpractice or appealing to hlsh council of the church was Brlg-"vjuby the late President and appeals are now acted presidency. Mr. by the first contends that to make Sartirgite valid it must be taken In ULfcnce with the rules laid down Doctrine and Covenants, and decree, signed by President and his counselors of We-l- a not binding, because none la a member of the stake high r ng gJrfSinurthwalte further contends w hto case was Improperly handled TLimi. instead, of the high council bis Judges, he says, the mem-Si- rf the stake presidency retired mother room, framed the decision It for til then, returning, submitted He council. the to high gjonement Is not, aiintolns that the decision anttore. the decision of the high rcy.ii of the stake, but of the stake -1 jmldency. The decision as rendered in Ogden fellows: Utah, April Ogden, 4, 1905. Charles A. Smurthwalte, Esq., Og-feUtah: Dear Brother At a meeting' of the high council held this day, is per notice heretofore served upon summons and you, the complaint the arvice and your answer as presented n, you In the bishop's court of. Oden Fourth ward, Weber stake the g of as well as the answer addressed g you to the high council and dellv-to me this morning by Brother Aim F. Toler, were read before Boa, 0l council. weighing the evidence the tern and the answers thereto by jttrif the presidency presented the taring decision, which, after distent. on motion of Co'unselor Jo-g- h confParry, was unanimously Uch liter ined." Decision. We fully sustain and confirm the Melon of the bishops court fn with- the hand of fellowship from fe defendant and for further action It Is our decision that Charles A. Smrthwalte be excommunicated from ering of Jesus Christ of Latter-fe- y for unchristlanllke conduct and epostasy, as set forth In the Church Saints fee com-ifel- at 8HURTLIFF, President. "CL T. MIDDLETON, 1st counselor. Tf. C. FLYGARE, 2nd counselor. 1 advise you of the above (cclnlon hjwr case as per Instruction of the life council at its meeting of this day. truly, JOHN V. BLUTH. "Clerk of the Council. k 8murthwaite's notice of appeal, hi yesterday, follows: Ogden, Utah, April 7, 1905. lithe Presidency or the High Coun-Web- er Stake of Zion: I. Charles iferarthwalte, do hereby make wrlt-'typeand file the same with you transmitted to the proper against the decision made bt me by your, body on April 4, and I make this appeal to the fe council of the Church of Christ according to the revelation from w to the Prophet Joseph Smith, re-- y In section 103 of the Book of dfine and Covenants, la to consist todve high priests and one or three yonts, n the case may require. L.W. ol, au-fcfi- es, re,Pctfully, ARLES A: SMURTHWAITE. TEA A P01 tired woman; a fresh of tea; there is joy all her face. Now Curs for Cancer. ? urface cancers are now known ic? cR'ble by Bucklena Arnica Walters of Duffleld, Va., bad a cancer on my lip for that seemed Incurable,. tiU Buck-ArniSalve healed It, and now : ' 1,1 ca well" Guaranteed cure jiMs and burns. 25c at Ogden lotim- - County Clerk or the respective for further Information. NOt'CE Eg CREDITORS. ktbe. Otoff DISTRICT COURT OP THE Ju,cbl District, County of i11 State of Utah. In the .01 the estate of Ida R. Dlns- - deceased. oinnrmateiN-1M6'Uor vftr t - PWent claims with tchero undersigned admlnls- .,theh?me in North Ogden, ny' ttab, onor before the ClAnUt' LKH p- hSL, A - D- - 1305. wnsmore; of the estate of Ida R. BSSSl bne . "'et r Administrator. publication April 8th. n ... MUSSER TELLS ' Astonishing Incident. wa. to ail luq frli'ii'K :m uslon- isliing ini'iili iit. fiat Mrs. I. 1!. Hunt lr of Lime It iilae, AVi., was cured of her "Dni tnrs.'' she dreadful sii kness. writes, "had given me up: friend were OF ready to bid mo the list farewell; cloud uf despair darkened Illy horizon Ylll. and I was a wreck on the shore Of "Th it s.iel plaintiffs are Informed ili'spondeticy, when I began to take did i.. ; e ami upon such information Electric Ititter. for my frightful stomallem. Fiit various persons from Unit: TO PRESIDENT SMITH AND FOUR ach and liver complaint. To the as- -, APOSTLES. to time, by their last wills and testatonlshment of all, I was benefited at ments and otherwise, have devised, once and am now completely and and donated, and will donate His to health. At Object Is to Bring the Church miraculously restored and wi.l continue to give and donate Ogden druggists; price 50c: Back to Its Proper to slid chureh real and personal propField. erty vvliiih sahl devises, bequest and don.ii dins were and will be given for ehi'.iih purtxises; and said church or The Herald fc.iys Don ( W. Musser never Its president and trustee-ln-truadmitted that he was one yesterday had. nor have they, any lawful right to d:-- it or money so of the two wl.o voted against sustainsaid priqn-rtbeM in any other use or purpose or to ing the general mil Imritics of the invent it in any secular business, but church Thursday, lie doe not know plalntifis allege on information and who the other man is. Mr. Musser gave belief, ,i aforesaid, that said Joseph F. Smlih as president, as aforesaid, and reasons for his objections, as follows: . "This is not an impulsive move oil has from lime to time. In violation of the trust, pursuant to my part. It is a matter that I have which said property, donations and been considering for months; In fact, gifts were made and held. Invested a ever since I read the testimony before large part thereof, in the stocks and business of various coiiipintes as al- the senate committee sitting m Washington to Investigate the case of Senleged as aforesaid. IX. ator Smoot. My objection In, first, to That plaintiff are informed and President Smith. According to his believe and allege that defendants, sworn testimony he Is continuing his inless restrained by the Injunction of relations with Ills plural wives regardWe emphasise the fact that cleanlithis court, will continue to risk and less of the laws of the state and of the Invest the said tlthings and other con- manifesto of 1590. 1 am opopsed to the ness 1 the distinctive quality of a tributions and donation In Its hands, way in which he has used the tithing gentleman. A mans coat may be shabfor chuivli purposes, unlawfully and fund in speculations and In commerwithout authority, in various enter- cial pursuits, believing this Is wrong by, but his linen must be spotless. Any prises ami various classes of business, for the head of a church organisation purely of a secular and temporal na- or for a church. departure from this rule Is unpardonture. Inasmuch as plaintiff are withMy object In joining In this suit Is for the to do what I can toward bringing the able. out any adequate remedy wrongs aforesaid, except til a court of church bnck to Its proper field as a reTo Insure linen laundered to perfecequity, the plaintiffs therefore pray ligious organisation, free from comthat said defendants shall specifically mercialism and politics. I believe In tion send to the answer all and singular each and all the principles of the Mormon church, of the allegations, matters and things but I do not believe In the actions of In the foregoing complaint, as accuratesome of the lenders, and I think It is ly ami fully as if specifically Interro- time for all Mormons who have high gated thereto on the witness stand; Ideals as to their religion to unite to that the court will declare the legal purge the church of these evils. My second objection, which I maniduty of said Joseph P. Smith, president or otherwise, with respect to tithing, fested yesterday, Is to Apostle F. M. This Is also on the ground donations, devises, bequests and gifts, Lyman. 437 Twenty-fift- h and the purposes for which they may of his testimony In Washington, that Phone 1 74. St. be used, and the duty of said church he Is living contrary to the laws of and its authorities with respect there- the state and of the church In mainto, and will declare that the same shall taining his relations with his plural he held in trust for church purposes wives. I object further to Apostles M. alone, and that It can only be ap- P. Cowley and John W. Taylor, bepropriated and used to and for such cause of the testimony that they have purposes; that the court will Issue a taken plural wives since the manifesto. temporary Injunction restraining said I object to Reed Smoot aa an apostle defendants from Investing said funds because I do not believe that a man arising from tithing or from donations can conscientiously fill both the office and gifts for church purposes. In any of senator of the United Statea and business or enterprise established or apostle In the Mormon church. lie The Ooljr Doable-Trac- k prosecuted for commercial, Industrial should give up one or the other. RsBwsy feetweea or business purposes to obtain pecunMr. Musser Is a native of Salt Lake. Ike Missouri River sad Cfekag a. iary profit or advantage In business He Is a son of A. Milton Musser, who competllon or otherwise to reach tem- has long been a prominent man In the poral and secular ends, and that upon church, and who 1 now assistant histhe final hearing the court will make torian. By a strange coincidence, such injunction perpetual and man- Judge Charles S. Zone, who appears datory forbidding the continuance of ss attorney for Don C. W. Musser In investments that have been made to the present suit, was the judge who, establish or to prosecute or reach secu- on May 9, 1885. sentenced the father lar end. Finally plnlntlffs pray for to pay a line of 8300 and to be imsuch other. and further relief as to the prisoned In the penitentiary for six months on conviction on a charge of qulty appertains. CHARLES S. ZANE, polygamy. "Plaintiffs' Attorney Don C. W. Muaser has himself been Tbe Most Laxurieas Train la the World Slate of Utah, County of Salt Lake. In the church and Is at presprominent as. : ent a member of the quorum of sevenCompartment and drawing-roo- m "Don Carlos W. Musser and Charles ties. He filled a mission to Germany sleeping cars, observation cars, dinv. Smurthwalte, being duly sworn, during the early nlnetlen, and was afand library ing cars, and say each for himself: That terward president of the Turkish misbath with and Book-love- rs barber, cars, 1 a plaintiff in the foregoing com- sion for two years and a half. He rehe Library; entire train electric plaint; that he has rend the same, turned to the United States In 1896, knoty Its contents and the allegations, and waa In San Francisco when the lighted, through to Chicago without matters and things therein contained war with Spain began. He Joined batchange. Direct connection for re true of his own knowledge, ex- tery B. Utah light artillery, at San cept aa to those therein stated upon In- Francisco, and went with it to the St. Paul Minneapolis formation and belief, and that he be- Philippines. He was given a discharge lieves those to be true. Tlcktts, (nervations, and ful from the army In 1899 to enable him ran bs obtained from to start a newspaper and founded (Seal.) C. A. Walker, General Agent, CHARLES. A. SMURTHWAITE. Freedom" in Manila, the first news"DON CARLOS W. MUSSER. paper to he printed in English In the Chicago & North-Weste- rn By. Subscribed and sworn to before me Islands. He returned to Utah about 3S West Second South St., Attn Bldg., this 7th day of April, 1905. a year ago and at present Is connected SaM Lake Oty, Utah. Nwido J. W. STRINGFELLOW, with the Intermountain Correspondence school. "Notary Public." i . i, t j I i 4 4 merclal enterprises and forbid- 4 ding the church to hold any 4 commercial property. 4 The complaint charges that 4 some 8500,000 a year of the 4 tithing fund Is unlawfully dl- 4 verted Into commercial chan- 4 nels, a similar course being tak- 4 en with bequests. 4 C. A. Smurthwalte, recently 4 ordered excommunicated by the 4 high council of Weber stake, ap- 4 pealed his case yesterday in or- 4 der to retain his technical 4 membership In the church. Don C. W. Musser stated yes- 4 4 terday that he was one of the 4 men who objected In the con- 4 ference Thursday to sustaining 4 the authorities. His objection 4 to President Joseph P. Smith Is 4 the continued unlawful cohabl- 4 tation with hla plural wives In 4 the face of the state laws and 4 the Woodruff manifesto, his 4 uses of tithing funds without 4 making an accounting to the 4 conference, and hla attitude In 4 commercializing the church. He 4 objects to Apostle F. M. Ly- 4 man for unlawful cohabitation. 4 He protests against retaining 4 Reed Smoot as an apostle on 4 the ground that no person 4 should be both senator and ap- 4 ostle. He objects to Apoatlea 4 M. p. Cowley and J. W. Taylor 4 on the ground that they have 4 been charged with taking plural 4 wives since the manifesto. He 4 declares all Mormons who cher- 4 ish the highest Ideals of their 4 religion should unite to purge 4 the church of commercialism 4 and politics. 4 4 4 4 4 4 4 plaint: "The plaintiffs on their own behalf and on behalf of all the members of said church, may choose to come Into this cause, complain of Joseph F. Smith, the president of the Church of 4 Jesus Christ of Litter-da- y Saints, and 4 trustee-ln-truthereof. st 4 I. 4 are members of Said "That 4 church, ofplaintiffs which there are many thou4 sands. 4 II. 4 "That said Joseph F. Smith is the 4 president of said church and trustee-ln-tru4 thereof, and that he transact? 4 the business of said church at Salt 4 Lake City, in Salt Lake county, in 4 fuiid state; that F. Smith, In 4 the name of said Joseph church, and at other 4 times in his name, as trustee-ln-tru4 for said church, and sometimes in his 4 own name, for said church, unlawfully 4 transacts secular business with the 4 use of the funds of the said church, 4 held for church purposes. ft IIL 4 That said church la a religious as4 sociation embracing all the members 4 of that sect and religious denomina4 tion; that It exacts annually from Its 4 members of their 4 gains or Incomes; that said tithing 4 and contributions are to said 4 church for appropriation paid and expendi4 ture by It exclusively for church pur4 poses, such as building and repairing 4 temples, houses of worship, payment 4 of officers, aiding Its missionaries and 4 for the relief of Its poor, and towards objects; but that the same 4 charitable cannot lawfully be used In mercantile, 4 commercial, industrial business enter4 prises or to accomplish or reach any other temporal or secular objects or ends whatever. st st one-ten- th (1-1- 0) IV. That President Joseph F. Smith of the Mormon churcn unlawfully diverts 8500,000 annually from the funds of the church for commercial purposes, and to purchase estates and residences in Mexico and Canada for church leaders and their favorites, Is alleged In a petition for an injunction filed In the Third district court yesterday by Charles A. Smurthwalte of Ogden and Don Carlos W. Musser of Salt Lake. Mr. Smurthwalte, in order to enable him to petition as a member of the Mormon church, has filed an appeal from the decree of excommunication rendered against him by the high council of Weber stake. His appeal, which will probably be denied, will, he believes, be held to continue him as a.member of the church until final action Is taken. The appeal will not be considered on the merits of the case, but will be acted upon merely In regard to the technicalities of the procedure In the lower ecclesiastical courts. Mr. Mussera standing In the church He la a aon of A. la not questioned. Milton Muaser, assistant historian of the church, and was a member of the Utah batteries In the After the batteries left Philippines. the Islands, Mr. Musser published a newspaper known aa Freedom In Manilla for two or three years. He recently returned to Utah and during the late campaign was one or the speakers for the Republican state committee. Mr. Musser is one of the men who voted against sustaining the general authorities of the church In the tabernacle on Thursday. He explains that he objects to Joseph P. Smith continuing at the head of the church because In his testimony at Washington the president admitted that he was living In open violation of the laws of Utah and the law of the Mormon church as promulgated by the manifesto of Presi-to dent Woodruff. Mr. Muaser objects reaApostle P. M. Lyman for the same M. P. son. He objects to Apostles Cowley and J. W. Taylor on the ground that both have married additional plural wives since the manifesto. Judge Charles S. Zane. of the law firm of Zane ft Strlngfellow, appears at attorney for the petitioners. The and petition alleges, on Information belief, that President Smith, as for the church, and sometimes In his own name for the church, unlawfully transacts secular business held for by the use of church funds church purposes. It Is alleged that the and receipts from tithing, donations 81,000,-00- 0 bequests amount to more thanPresident each year, snd that Smith nnnually diverts as much as 8500.000 for the purpose of Investing In stocks snd bonds of various commercial and Industrial concerns, a list of which Is embodied In the petition. The petition asks that President Smith he required to appear and answer under oath all of the allegations, and that the court define his duty with reference to the use or church money by directing Ihst It be used for church purposes' exclusively. A temporary Injunction to he made permanent upon determination of the ease, to restrain President Smith from Investmaking further commercial well-kno- That said church, as plaintiffs, are Informed and believe and allege, receives, and has received for many years last past, tithing from Its members for church purposes, targe sums of money, and also tithing in kind belonging to various species and classes of property of great value; that said tithing received each year for several yeirs past has amounted in value to more than one million dollars (81.000.-000) a year. V. "That plaintiffs are Informed and believe and upon such Information and belief, allege that said Joseph F. Smith In the names vas aforesaid, has from time to time each year since his apt, pointment as president and as aforesaid in September (November), 1901, Invested a large portion of said funds arising from tithing so In the hands of said church for church Aa much as five purposes, hundred thousand dollars (1500,000) per annum. Said Investments were made In various kinds of secular business, Industries enterprises and ventures; that he has invested a large part of the same In the stocks and business of' the following corporations, or comIdaho Sugar company, panies, the Salt Lake Knitting company, the Utah National bank, the Lewiston Sugar company, the Utah Light ft Railway company, the First National bank of Logan, the Home Fire Insurance company of Utah, the Consolidated Wagon ft Machine company, the Ogden woolen mills, the Provo woolen mills, the Cache knitting works, the Logan knitting factory, the Provo knitting factory, the Rocky Mountain Bell Telephone company, the owneresship and renting of Improved real tate and the purchase of large tracts of land In Canada and Mexico, to es tablish estates and residences for the church lenders and their favorites. trustee-ln-trus- to-w- it: to-w- it: trusii-e-in-irusi- OGDEN STEAM LAUNDRY The Overland Limited de-'Hi- se buffet-smoki- r: DOC DOC DOC ,D High Ckss Carpets Fime R.Hgs INVITE YOU to .see them, whether intending to buy now or not. Almost daily for the last month shipments of Carpets and Rugs have Ijetn arriving, until- - now our showing in these lines is exceptionally fine. We have Carpets for every kind of service. You will never know whether your money bought the best to be had in quality, design or color without seeing this incomparable collection VL That said Joseph P. Smith still continues said Investments; that plaintiffs are not able to name the exact amounts of said tithing funds so Invested in said corporations or com panics, snd therefore pray the court to require said defendants to state the respective amounts. ' VII. ng and u o . Plaintiffs further aver that they are Informed and believe and upon such Information and belief allege: That a large fund whlsh had arisen More from tithing as aforesaid, than one million, dollars (81.000.000) was nt the time said Joseph F. Smith became president ns aforesaid. Invested or has since been invested by him in various temporary and secular en terprlsea and undertakings, among Zions which are the following, Mercantile Institution. The State Rank of Utah, Zion's Savings Rank and Trust company, the Utah Sugar company, the Salt Lake ft Los Angeles Railway company, the Inland Crystal Salt company, the Salt Lake Dramatic aaaoclntlon. the Union Pacific Railway company, the Faltalr ft Beach company, the Bullion-Bec- k Champion Mining company, the Deseret Newa book a tore; that said Joseph F. Smith, president na aforesaid, and trustee-ln-truthereof, has from Nov., 1901. and from thenre hitherto continued the unlawful Investment aforements. Is nsked for. Under the rules of legal procedure said. and will so continue to Invest In Utah President Smith will be com said tithing funds, and continue the trus-tee-ln-tr- fofefe.wd Cnardiapsklj :n l!:i:i:t ilfs are not able to .niiou'its in vested In said k - 'ii! le.i.sjiiess of said corporu-tlo- i i: ! . lines, ai:d ask that defi .. .. iiijiy l.e requesied specifically (o do no under oath. . : st From the Salt Like I b raid.) 4V4VV4444444444 pellril to fIiuw cause why the Injunction xhttiiiii nut be The time The fight on President Joseph 4 for licariiig has not grunted. been set. F. Smith and hie methods In us- Following is a copy of the complaint: lng the tithing fund has been "In the Third Judicl.il District Court thrown into the stale courts. In and for the County of Salt Lake, Charles A. Smurthwalte of State of Utah: Don Carlos W. Musser Ogden, and Don C. W. Muaser 4 and Chuiii'H A. Smurthwalte, who sue of Salt Lake, both members of 4 on behalf of themselves ami all other the quorum of seventies of the members of the Chureh of Jesus Christ Mormon church, yesterday filed y Latter-daof Saints, who may come a petition In the Third district 4 Into this case, plaintiffs, vs. the Church court for an Injunction restrain- 4 of Jesus Christ of Latter-da- y Saints lng President Smith from using 4 and Joseph F. Smith, president thereof, comof the 4 any tithing fund for and trustec-in-triis- t, defendants. ComA Sj he jp- Petition Filed in Third District Court for Injunction Him From Using Tithing Fund Restraining for Commercial Purposes. Smurihwalte'a appeal A. C. Chile this tell rtm METHODS NOW IN COURT restrain :: rn il.'iinf l.y the injunction of ed EX- - COMMUNICATION. uiilinH he Is js.ii'l THE FIGHT ON SMITHS PAGE FIVE. 8, 1i05. Lace Curtains and Draperies a','5'S53w'M9 a? to-w- lt: m? isfo1 as? 3 Our showing of Lace Curtains and Draperies is the finest yet shown in Ogden. They include Clunys, Irish Points, ArabBonne Femmes and other ians, "Double Cords, Madrases, novelties. What we have to offer you is high grade goods at moderate prices to-w- it: xm st B Boyle Fmmitiire Co lZPg!ancJ-- i. inr 330C J |