Show CHURCH CHU FILES BRIEF ANSWER Attorneys Take the Position That I Complainants Complainant Have Bave No Case CaseI I I CLAIM NO o CAUSE OF ACTION DOCTRINE AND COVENANTS ARE BROAD ON TITHING T lIE HE Church of or Jesus Jasus Christ of or Lat Latt LatI THE I I erday t Saints through its attorneys attorneys nOys Franklin S Richards and Le Lo 1 Young has decided to fight light the j ait brought by Don Carlos Carloo W Mus Muster lus 1 ter ft er and Charles on A demurrer was flIed filed with the thel l Irk rk of the district court yesterday esterday i The Th suit was brought by Muser and to compel Joseph F FSmith Smith as to account for the th money collected in tithes tak taking taking ing the position that he ho had no right hi in law to collect tithes from the mem members members bers of oC the church to promote business enterprises The demurrer is brief brIer and andis nd is as follows I DOll Do ou Carlos CarloR W MUSSer lu and Charles who sue ue on behalf of ot themselves f and all other members of ot tho the hurch of o Jesus Christ of or Saints who wh may my come Into this case plaintiffs ts va vs 8 Tl Th Church of Jesus Christ Cb of o Saints Paints and Joseph h F Smith president thereof and and do d t ff dan ts I the defendants demur to the plaintiffs 1 t coir complaint plaint and for tor cause of oi demurrer al ei 1 lege J t the tho Church of ot Jesus Christ of o J tt Saints is Improperly made de fr dant In said m the said c F t l n rM nh i is a voluntary religious relI i n He n and not a corporation legal or en titi titiA A That the said complaint does not I st t te facts sufficient to constitute a cause of of a I tion against the tho defendants cJ or either ot of tem That That the eighth paragraph of ot the complaint IB Is ambiguous unintelligible md r T certain in that It does not name the he rious persons or r any of or them Who It ls Is alle alleged ed have hav devised be I or donated real or personal property to tho the said sal church hurch and dOOR does dOo not a at the times timeA when and the places where such Ruch devises bequests or donations were Ero or made nor the several amounts amount thereof thereat F S RICHARDS LE LEJ GRAND TOtING TOUNG YOU G Attorneys for tor Defendants Attorney Richards said the demurrer I said aid all that he or his client cHent had to 1 nay say on the subject B He took the po position that the complaint of or Musser and was defective that the thet t Church of Jesus Jesua Christ of j Saints was not Incorporated and that the th complaint does do s not make specific harges barges against Joseph F Smith I Church Law on Tithing i In this connection It will be he Interest Ing to many to consider the church law lawas lawns lawas as ns to the payment pa ment and disposition of tithing In the Doctrine and Covenants of or the Mormon church arc are to be found I tr thi IN following provisions as to tithing n add ad d this is all the book contains on the subject SECTION 1 Verily thus saith the Lord I require all their surplus property to be put in the of or the bishops of or my m church of Zion 2 For Tor the tho building of mine house and 1 fir 11 r the th laying of the foundation of Xion llon n zid d for the priesthood and for far the debts f f tl the e presidency of my church And this shall be the tho beginning of or f t tithing of oC my people And after that r who have havo thus been tithed shall j ra FL a of all an their Interest an annu nu iMi and this shall be a R standing law Ja ir 1 1 j them forever for my m holy priesthood hh tho the Lord 1 4 fly I say unto you ou It shall come to tr tass ass that all aU those who Rather gather Into tl tiT r land of ot Zion shall shaH be tithed by their properties and shall observe this Taw a or shall shan not be bo found worthy to abide among you ou And I say unto tinto you If It my people ob oh sr Sc r ve Vt not this law to keep It holy hol and by b bt t ti 1 law sanctify tho the land of ot Zion unto unton n rr fiat m my statute and my m judgment n I i 1 LS br he kept kelt thereon thern that it may b be most mOlt mosto 7 1 o ri verily I say unto un to you ou it ith ilI h l Ml H not nt be b a land of ot Zion Ion to you ou i t And nd this shall be an example unto unton I n a 1 the stakes tak s of Zion Zon n so o Amen SECTION SUCTION 1 thus ith the Lord the time Is j nw come to pass that it shall be le e dis dia disposed posed of toy by b a council d of ot the f r t presidency pr of ot my mv church and by the theop thep rop op p and his big council and my high hl h coun coune e 1 I j and 2nd by b mine own voice unto them aith al 1 the Lord Amen |