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Show jltoyal Autocrat to jjj Be Called to Account I I' His Millions of Secret Fund Which He Has Been Accumulating Must ! Be Accounted For. ! There Are Millions of Dollars to Be Diverted to ; ' Their Legitimate Purpose !f the Law Will Act. '-.. .w IHji Mr. Charles A. Smurthwaite, whose fUm 'B n api)Cal from thc IIl5n Coun jrT cfof the Weber Stake of Zlon in Utah, ffl i the High Council of the Church of ' Christ, which is under revealed dlrec- ! tlon of President Joseph F. Smith, and j )' pho therefore still claims membership ifi ' Jc the church, and Mr. Don Carlos W. & i Musser, of Salt Lake City, have sworn i to the following complaint, which last $ ! night was filed in the District Court of Ij Salt Lake City: : I Here Is Complaint. I IX THE THIRD JUDICIAL District Dis-trict Court In and for the .County of ; Salt Lake, State of Utah: y. i Don Carlos W. Musser and Charles jjj '. A. Smurthwaite, who sue on behalf of themselves and all other members of ,V the Church of JesuR Christ of.Latter- Iday Saints, who may como into this case, plaintiffs, vs. the Church of Jesus ChriBt of Latter-day Saints and Joseph F. Smith, president thereof, and trustee in trust, defendants. Complaint: ; The plaintiffs on their own behalf and 1 ; on behalf of all the members of said church, who may choose to come into , ' this cause, complain of Joseph F. 3 ( Smith, the president of the Church of a i Jesus Christ of Latter-day Saints, and j& : trustee in trust thereof: S it I- ' ; .That plaintiffs are members of said I church, of which there are many thou-j1 thou-j1 wnds. I' That said Joseph F. Smith Is the President of said church and trustee in ( trust thereof and that he transacts the business of said church at Salt Lake j City, in slt Lake county, in said " Stale; that Joseph F. Smith, In the same of said church, and at other times In his name, as trusteo In trust for ald church, and sometimes In his own $ . name, for said church, unlawfully -v transacts secular business with the use " f the fundB of the said church, held l Church DurPae3- 1 That Eald cburch Is a rellglouB asso-13 asso-13 elation embracing all the members of . that sect and rellcious denomination; ttat It exacts annually from its mem-j mem-j (. lers one-tenth (1-10) of their gains or : .Incomes; that said Uthlngo and con- trlbutlons are paid to said church for BPProprlatlon and expenditure by it exclusively ex-clusively for church purposes, such as Gliding and repairing temples, houses worship, payment of officers, aiding ,t! m,sslonarie8 and for the relief of is Poor, and towards charitable obtain; ob-tain; but that the same cannot lawful-jj" lawful-jj" ke used in mercantile, commercial, Atrial business enterprises, or to accomplish or reach any other temporal secular objects or ends whatever, atsal'd church, as plaintiffs are in-cjinsd in-cjinsd and believe and allege, receives, paatt8 receIvod for manj' Jearfl lnst i a Tuning from its members for i Purposes, large sums of money, alS0 tiUling in kind belonging to UB secies and classes of properly i of great value: that said tithing received re-ceived each year for several years past, has amounted In value to more than one million dollars ($1,000,000) a year. V, That plaintiffs arc Informed and believe be-lieve and upon such information nnd belief, allege that said Joseph F. Smith in the names as aforesala, has from time to time each year since his appointment ap-pointment as president and trustee In trust, as aforesaid in' Sopt?mber (November), (No-vember), 1901, invested a large portion of said funds arising from Mthing so in the hands of said church for church purposes, to-wlt: As much ;'S five hundred hun-dred .thousand dollars (?500,000) per annum, an-num, said Investments were made in various kinds, of secular business, Industries, In-dustries, enterprises and ventures: that he has invested a large part of the ?amt' in the stocks and business of the following fol-lowing corporations, or companies,-to wit: Idaho Sugar company, the Salt Lake Knitting company, the Utah National Na-tional bank, the Lewlston Sugar company, com-pany, the Utah Light and Railway company, the First National bank or Lognn, the Home Fire Insurance company com-pany of Utah, the Consolidated Wagon and Machine company, the Ogdei: woolen mills, the Provo wcolen mills, the Cache knitting works, the Logan knitting factory, the Provo knitting factory, the Rocky Mountain Bell Tele-phono Tele-phono company, the ownership and renting of Improved real estate and the purchase of large tracts of land In Canada Can-ada and Mexico, to establish estates and residences for the church leaders and their favorites. VI. That said Joseph F. Smith still continues con-tinues said investments; that plaintiffs arc not able to name the exnet amounts of said tithing fund so Invested In said corporations or companies, and therefore there-fore prays the court to require said defendants de-fendants to stale the respective amounts. VII. Plaintiffs further aver that they are informed and believe and upon such information in-formation and belief allege: That a large fund which had arisen from tithing tith-ing as aforesaid, to-wlt: More than one million dollars ($1,000,000) was at the time 3aid Joseph F. Smith became president pres-ident as aforesaid, Invested or has since been invested by him in various tempo-ruy tempo-ruy and secular enterprises and undertakings, under-takings, among which are the following, follow-ing, to-wlt: ZIon's Co-operative Mercantile Mer-cantile Institution, the Slate Bank of Utah, ZIon's Saving Bank -and Trust company, the Utah Sugar company, the Salt Lake & Los Angeles Railway company, com-pany, the Saltalr Beach company, the Inlarid Crystal Salt company, the Salt Lake Dramatic association, the Union Pacific Railway company, the Bullion-Beck Bullion-Beck & Chumplon Mining company, the Deseret News book store; that said Joseph Jo-seph F. Smith, president as aforesaid, and trustee in trust thereof, .has from November, 1901, and from thence hitherto hith-erto continued the unlawful Investments Invest-ments aforesaid, and will so continue to invest said tithing funds, and continue the said investments unless he is restrained re-strained from so doing by the Injunction Injunc-tion of this court. Plaintiffs are not able to tell the exact amounts Invested In said stocks and business of said corporations cor-porations and companies, and aska that defendants may be requested spc-.-cilically to do so under oath. VI IT. That said plaintiffs are Informed and believe and upon such information allege al-lege that various persons from time to time, by their last will and testaments and otherwise, have devised, be queathed and donated, and will donate and will continue to give and donate to said church real and personal property which said devises, bequests and donations dona-tions were and will be given for church purposes; and said church or its president presi-dent and trustee in trust had, nor hav6 they, any lawful right to divert said property or money so held to any other uso or purpose or to Invest It In any secular business, but plaintiffs allege on Information and belief, as aforesaid, that said Joseph F. Smith as president, as aforesaid, and trusteo in trust, has from time to' time, In violation of the trust, pursuant to which paid property, donations and gifts were made and hold, invested a largo part thereof, in the stocks and business of various companies com-panies as alleged as aforesaid. IX. That plaintiffs are informed and believe be-lieve and allege that defendants, unless restrained by the injunction of this court, will continue to risk and invest the said tl things and other contributions contribu-tions and donations in its hands for church purposes, unlawfully and without with-out authority, In various enterprises and various classes of business, purely of a secular and temporal nature. Inasmuch In-asmuch as plaintiffs are without any adequate remedy for he wrongs aforesaid, afore-said, except In a court of eaully, the plaintiffs therefore pray, that said de fendants shall specillcally answer all and singular each and all of tho allegations, allega-tions, matters and things in the foregoing fore-going complaint, as accurately and fully as if specifically interrogated thereto on the witness stand; that the court will declare the legal duty of said Joseph F. Smith, president or otherwise, other-wise, with respect to tithing, donations, devises, bequests and gifts, and the purposes for which they may be used, and the duty of said church and Its authorities au-thorities with respect thereto, and will declare that the samo shall be held in trust for church purposes alone, and that it can only be appropriated and used to and for such purposes; that the court will lssuo a temporary Injunction restraining said defendants from investing in-vesting said funds arising from tithing or from donations and gifts for church purposes, In any business or enterprise established or prosecuted for commercial, commer-cial, Industrial or business purposes, to obtain pecuniary profit or advantage In business competition or otherwise to reach temporal and secular ends, and that upon tho final hearing the court will make such Injunction perpetual and mandatory forbidding the continuance contin-uance of Investments that have been made to establish or to prosecute or carry on the secular business or to reach secular ends, finally plaintiffs pray for such other and further relief ns to tho equity appertains. CHARLES S. ZANE, Plaintiffs' Attorney. State of Utah, County of Salt Lake, ss.: Don Carlos W. Musser and Charles A. Smurthwallc. being duly sworn, depose de-pose and say each for himself: That ho is a plaintiff In tho 'foregoing com plaint; that he has read the same, knows Its contents and, the allegations, matters ani things therein contained are true of his own knowledge, except as to those therein stated upon Information Infor-mation and belief, and that he believes those to be true. DON CARLOS W. MUSSER. CHARLES A. SMURTHWAITE. Subscribed and sworn to before me this 7th day of April, 1905. J. W. STRINGFELLOW, ' Seal. Notary Public. An Eminent Attorney. Hon. Charles S. Zane, attorney for the complainants, Is far too well known to need any description. He served on the Bench of this Utah when she was a Territory, as Chief Justice fcr many years, and was made the first Chief Justice of the new State. His familiarity famil-iarity with the questions Involved, his high legal eminence, his reputation at the bar all stand for solidity, careful- About Mr. Smurthwaite. Charles A. Smurthwaite needs no Introduction. In-troduction. The church has made him famous beyond even the lines of his own ambition and progress. Before engaging In the present controversy he had been of only world-wldo fame in his business, and his nume has gone around the world since the church began be-gan its proceedings to prevent his free' speech. Mr. Smurthwaite Is a man of means; a man of wide business connections; connec-tions; n man of Integrity, and a man of unblemished character. Besides all |