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Show SMURTHWAITE TALKSPLAINLY lie Discusses Question of Tithes. Funds Cannot Be Diverted From Purpose Originally Intended. Reason Is That Such Change Really Changes the Purpose of the Society. Special to The Tribune OGDEN. Utah. May 1 Charles A Smurthwalte does not tako much stock in the report printed in a morning Salt Lake paper tha.t a colossal petition to be slprned by the- members of all the wards of the church as answer to the suit of himself and Don C. W. Miisser. for an accounting from tho heads of the church of tho tithing, will be Introduced He is certain that such a petition and protest pro-test can be secured, for the reason that fear of excommunication would bring it forth. The Evening Journal of today givca an interview In which he says-. Discuss the Question. "i cm not a lawyer, but a layman can see that such a petition would have no standing in court. It Is really hot worth discussing although It makes a fair newspaper news-paper story. However, I can discuss the subject ethically. If not legally It Is elementary that funds paid Into any society so-ciety must be expended in the way and manner ami for the purpose laid down In the constitution or In the trust of the society. so-ciety. Funds cannot l gjven for one purpose and used for another, even by the consent previously given of the majority ma-jority of the members. Purpose is Changed "Why? Because that changes the purpose pur-pose of the soeii-ty Indeed it makes another an-other society altogether. All the members mem-bers agreeing to such a change would not make it legal. Suppose, by way of Illustration a society should he formed In Igden whose object should be to preserve the peace and good order of the community, com-munity, that the members should subscribe sub-scribe to a large fund a million dollars and supposing In due time (say after a few years) a majority of the members should vote to use the funds not for the preservation of the peace but for the spread of militant anarchy, that action would be Illegal, null and void. The minority, mi-nority, insisting that the original object must he subserved b the funds of the society, would bxj and would constitute the Society and thus only would the Integrity of the society be preserved. If nil of the members should have become militant anarchists and should vote for the Hpend-lng Hpend-lng of the money in min to property and law. such use of the money would be illegal and the State should step in and confiscate the society's money and property prop-erty and proceed to spend and utilize them In harmony with the stated objects of the society. What Real Question Is "So In the case under discussion it Is not a cinestlon of what even i per cent of the tithe-payers may be induced to pe- tltlon what may or shall be done with tho funds. The onlv question at Issue s What are those funds for bow shall they t'H used, are they to he used for charitable charita-ble and religious purposes Of are they given to be used for business and secular purposes for profit0 -No, I do not believe there is anything m the petition storv Sin b R petition could readily be had no doubt Fear of excommunication at refusal would avt as a ,riosf potential for, rind the wonderfully wonder-fully complete organization of the Church would readily permit such a thing to be ion.-, but II won t no "But I would BUggegt that the bishops Individually be called upon to pns resolutions reso-lutions ar the ward meetings to be called for tho purpose to the following effect. Resolutions Suggested. "Resolved, That tho trustee In trust hr. anO la hereby ratine, in ail his actions, especially! thosfl acti'iiui iv which be has converted the' ''hurch of Josum ' hrlst of Latter-day Saints Into a great business soclet;. . Resolved, That - especially approve the subversion of tho temperance principal of the hureti ins Inculcated in the w,,rd of wlalomi by the saloon at Snltalr beach, owned b) 'he church nn.I pa.M for out of the tlthlns: fund "Resolved, That commend the sai,i trustee trus-tee In trut for using the illhlnt; ,,f the church In tho maintenance of h paloon at sialtalr rather than In the rollof of tho poor nn.I t lie widow ami the orphan. "Resolved, Tint Inasmuch a the prophet. ser anil rSVSlstOr Is not blent with thr power of iJod WS ln'lor.o iin'l approve the ubtliu-Uon ubtliu-Uon of the power of the devil. 'The bishops could then be called Into court as witnesses to testify to the au-thorlt) au-thorlt) conferred by these resolutions, and as they could be required to travel without purse or script except their own it would be an exceedingly economical and effective orocedure." |
