| Show AlES RIES fORCES i NY CHARGE Of URCU ACTIVITY I diction of Court in Case ts 3 Also Challenged Ac- Ac to Demurrer to is mended Amended Complaint to the amended complaint the proceedings brought to oust Benjamin R. R Harries from of- of on the contention that church Inter infer In- In ter fer nce entered into his election oS C tiled filed in th the Third district court I by Stewart Stewart Alexan- Alexan for Harries Defense orneys challenge the the- Jurisdiction of court to hear the cause and attack attacks attack's s 's s sufficiency of the complaint by dis- dis the allegations to the effect there had not been any direct inference in- in ference on the part of the churches Salt Lake particularly the Mormon reh rb to effect the election of Har- Har fter reserving the right to chal- chal the Jurisdiction of the court lithe right of plaintiffs to sue In cause the defense attorneys deto de- de to the amended complaint on five 1 Jar or points The first of these sets plaintiffs have neither legal city nor authority of law to sue this action or to bring this action the th name of or In behalf of themes them- them res re es and a large number of ot qualified 1 tors and taxpayers In Salt Lake nty ty CH CHALLENGED Hi I b. b second challenges challenge the of the court over either the person the defendant or the subject mat- mat the action The third asserts tithe he amended complaint does not sufficient to constitute a action against the defendant je contends that the amended does not state facts to en- en plaintiffs to the relief pra prayed ed j relief whatsoever The fifth ends ands the amended complaint as uncertain indefinite un- un I and many of the purported p gallons of fact are mere Of law of ot the pl pleader der and such elusions are not based on any alle- alle ions Ions of fact properly pleaded or ord ded d d at all n er twenty twenty three three subheadings to graph five ive the defense points out specific portions of the amended plaint to which the objections are arede arel de l Paragraph four four- of the amend- amend Is the first point at- at red ed This paragraph set forth to which the demurrer de era rs in the following This para para- para para- ph is a a. mere conclusion and is ar- ar It asserts that offenses rel eJ committed It asserts that If candidate was elected C. C Frank ery was elected It asserts that a number of illegal votes in favor 5 the defendant were received number to change the results se are seare are mere conclusions It asserts asserts- Intimidation duress and through Influence and er eLof f said Church of Jesus Christ of day Saints and said Ministerial of Salt Sal t Lake City Har- Har prevented and ot otherwise with the free exercise of the I i tive franchise of the electors of ot otI at said election all of I ch Ich are mere conclusions and are J based on oi any facts pleaded in s said ld graph or elsewhere in the come com com- e AFFILIATIONS ARGUED I five of the amended which briefly recites that I population of Salt Lake county largely and mainly of members i Attendants ft of Christian churches various religious denominations and r pta majority of electors were mem- mem It I the Mormon church the deI de- de dant characterizes as aa uncertain and j 1 1 the plaintiffs' plaintiffs allegation That said Mormon church teaches and first presidency thereof claims Uby d by its followers Is accorded the claim supreme authority diely di- di ely iely sanctioned to shape the belief ILI c control the c conduct of those under in all matters whatsoever poc po- po c cal l civil and religious temporal and the defense demurs on the theu u d that these are mere concu- concu ns of the pleader not based upon alleged or pleaded i ii r objections are made to the gation That In obedience to the hority of ot said presidency and as asI I lof f the tenets of said church its are taught to believe and do doeve doeve eve In implicit obedience and sub- sub to the authority of the officers s sId said ld Mormon church hereinbefore and to other similar allega- allega s made m In n the amended complaint of the amended complaint eh h purports to set forth teachings g and beliefs of the Mormon people and quotations from sermons indicated as delivered by church authorities are ob objected objected oh- oh to as not direct quotations with the source of the quotation named and that much of the matter so alleged might be the declaration of any priest or believer in any anyone one of several bundred hundred hundred hun bun dred religious creeds Practically lly every allegation made in the amended amend amend- ed complaint is objected to to as being mere conclusions and the contention is set up that no specific facts which would bear upon the point at Issue are set forth by the plaintiffs The demurrer ends with a prayer I that it be sustained and that plaintiffs plaintiffs' action be dismissed at plaintiffs plaintiffs' costs I and for such further or other ordel as I is proper in the premises |
