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Show - - " T ! . " " - '1 ' . ... : thorlty. In various enterprises, ventures, 'speculations 'spec-ulations and various clesses of business, purely I of a K-ular and temporal nature. for profl' and euMeot t )ap-s. Inaamurh as plaintiff are wlinnut- ny h iisjualo rrmKSy tor Be wrong af.-H-.sai't. noept In a coart of rul!y. the plaintina therefore pray that' sM Je-frndanu Je-frndanu and each of them shall specifically answer all and lingular earn and all of the alleitatlona, matters and thing In the fore-g-otns eomplatnt as accurately and fully as If specifically Interrogated thereto on the witness wit-ness stand: that the court will declare ' the legal duty 1 said Joseph F. Smith, president and trustee In trust as eforrssld, or other-1 other-1 wise with respect to tunings, donations, de-' I vlsees, bequests and gifts, and the purposes for which they may be usee!, and the duty of said church and lis authorities with respect thereto, and will declare that the same shall ' be held In trust tor church purposes alone. and that it can only be appropriated and used - to and for such purposes ; that the court, will Issue a temporary Injunction restraining said defendants and each of them from investing said funds arising. from tithing or from. dot. rations and gifts for church purposes In any business or enterprise established or prose-euted prose-euted for commercial. Industrial or business purposes, to obtain pecuniary profit or ad-i ad-i vantage in business competition or otherwise to reach temporal and secular ends, and. that upon the final hearing the ' court will make such injunction perpetual and mandatory, forbidding for-bidding the continuation of Investments thst have been made to establish or to prosecute or can" on secular business or to reach secular secu-lar ends. Finally plaintiffs pray for such other and furtherrelief as to equity appertains and for costs. ' " Charl-3 A.' Smurthwaite and Don ' Carlos II. JIusser, who recently instl- : r tuted-proceedings .against Joseph F. r Smith, president.-., and the. Church of '-. Jesus Christ of Latter-day Saints for .. 1 an ar-counting; of tithing funds, have , amended their bill. . , 4- . The amended complaint was Cled in ? i' the Third District court yesterday af- t ternoon, and the amendment consists, in the main, ot making new parties de- j ' fendant. ... .v ' i 1 - ... in the -amended complaint, the ' ? church, as an organization. Is not a fle-f fle-f r fendant, but. instead. Joseph F. Smith I - ' is sued as trustee in trust for all of the I k property held by the church. The new ! t defendant are John R. Winder, first ! . - counselor to President Smith: Anthon - - H. Lund, second counselor; and Bishop " William B. Preston, who la in charge '. ? of. the tithing fund under President , , Smith. The amended complaint is as i 'in0W:hb. third jurnciAL district i t court In and for the eounty of Bait lake, ,! Ctsts of Vtah. '.' ' j Don Carlo. W. Musser and Charles A. i Smurthwaite, who sue -on. their own behalf I - : and all ether members of the Churoh of Jesus J Christ of Latter-day 8alnts. a religious as- 1 ,- soclation, who may come into this case, plain- i -' ttffa vs. ' Joseph F. . Smith, president of the Church of Jesus, Christ of Latter-day Saints. . e religious association; Joseph F. Smith, trus-) trus-) - 'tee In trust-of ths Church of Jesus Christ of latter-day Saints.- a religious association; John R. Winder, first counselor 6f said Joseph Jo-seph F. Bmlth. as president of said Church . - ..f Jesus Christ of Latter-day Saints, a re ligious association, and Anthon H..Lund, sec- ond connselor of said Joseph F. Bmlth as " 4 president of said Church of Jesus Christ of . ' latter-day Saints, a religious association, and WIUlara-B. Preston, presiding. bishop of said Church of Jesus Christ of Latter-day Saints, .- a religious association, defendants. Amended complaint. Don Carlos W. Musser and Charles A. Smurthwaite, who sue on their own behalf .end on behalf of all other members of the ' , Church of Jesus 'Christ of Latter-dsy Saints. t v a religious association, who may com Into this case, plaintlfls. complain of Joseph F. . Smith, president of - the Church of Jems Christ of Latter-day Kaints, a religious association: asso-ciation: Joseph F.' Smith, trustee In trust of -said Church of . Jems Christ of Latter-day Saints, a religious association; John R. Wind--i rr. first counselor of said Joseph F. Smith as president of said Church of Jesus Christ of 1 Latter-day Saints, a religious association, and Anthon H. Lund, second counselor of said Jo--" eeph F. Smith, as president of said Church " v of Jesus Christ of Latter-day Saints, a re-" re-" llgloua association, and William B. Preston, , presiding bishop of said Church of - Jesus t Christ of Latter-day Saints,, a religious asao-, asao-, elation, defendants, and allege: . What la Alleged. . - . 1st. That plaintiffs are members of said church, of which there are many thousands. W.- tad. That eald Joseph F. Smith Is the pres- " deot of said church and trustee In trust ! ' . thereof; that he transams the business of ( " . .- said church In Salt Lake City, Salt Lake , . county. In said Stats; that Joseph F. Smith, j : with the sanction and advice of the other . . -v . ' defendants in the nam. of said church, and . i- at other times ss trustee In trust for said rr church, and sometimes In his own nam. fur . said church, unlawfully uses church funds in rv " secular businesa Srd. That said church- Is a religious. aseo-v aseo-v elation embracing all -the members of said , J" eeet and religious denomination; that It ex-acts ex-acts annually from Its members one-tenth 41-10) of their gains or Incomes as- tithing; that said contributions are paid to said church nd said trustee for appropriation and '3 expenditure by It exclusively for church pur-i pur-i . po.es, such as building and repairing tem- ' pies, houses of worship, payment of officers, siding Its missions ries. and for the relief of its poor and toward charitable objects con-iHicted con-iHicted with said church: but that the same cannot lawfully be used in secular business, te wit, mercantile, . commercial, industrial or '.. business enterprises, or speculation. 4th. That said "church and Its said trustee, as plaintiffs are Informed and bellev. and allege, al-lege, receive and have received for many years past tithing from the members of to. church for church purposes aggregating large sums of money, and also tithing .in kind be-i be-i .longing to various species and classes of . .. " property of great value: that said tithing received re-ceived each year for several years psst has r, amounted In value to mors thaa $1,000,000 an-; an-; J . nually. V- Tithing; Funds in Business ' 5th. That plaintiffs ' are Informed and be-Ileve. be-Ileve. and upon such Information and belief '. allege, that said Joseph F. Smith, as afore-'i. afore-'i. said, has from time t. time each year since , -' " his appointment in November, 1K01. as presi dent and trustee In trust, as aforesaid. Invested, In-vested, with ths advice and sanction of the other defendants, except as aforesaid, a large portion of aaid funds arising from tithing so hi the bands of said church and Its said eg; trustee for church purposes, to wit. as much to as &00.tt0 per annum. Said Investments were A trade In various kinds of secular, business, ta- 7 dust ries. enterprises, speculations and vea-2, vea-2, tin-ea for profits and subject to lapses and - hasards: .that hs has invested a large part of the sam. In the stocks and business of the following corporations, or companies, to wit: T. The Idaho Sugar company. - Salt Lake Knlt- . ting company, ths Utah National bank, the lmtston Sugar company, the Vtah Light and ' ' - Hallway company, the First National Bank cf Logan, the Home Fire Insurance company ..of tub, the Consolidated Wagon . and Machine Ma-chine company, the Ogden woolen mills, th. ? Prove woolen mills, the Deseret News bulld-1 bulld-1 Ing and the annex thereto, the Cache knlt-f. knlt-f. Hag works, the Logan knitting factory, the Provo -knitting factory, the Rocky Mountain 1 Bell Telephone company, the ownership and . . renting of Improved real estate and the pur- y chase of large tracts of land In Canada and ' ' ldexlco for speculation and to provide es- tates and residence for the church officials and leaders and others. - - . Prajrs Court for Accounting. . ' d. ' ' ith. That as president and trustee afore-.. said said Joseph F. Smith still continues said Investments, with ths advice and sanction of the other defendant;' that plaintiffs are not " ' able to natns ths exact amount of said tith ing" fund so Invested In said corporations or companies, and therefore prays ths court to require said defendsnts to state the re- ' spectlvs amounts Invested in each. I 7th. Plaintiffs further aver that they ar. 4 Informed and believe, and upon such In-' In-' formation and belief allege, that a large fund which bad arisen from tithing as aforesaid. ' to wit. more than . 000,000, was. at the time said Joseph F. Smith became president and trustee, as aforesaid. Invested, or has since been' Invested by him, with the advice and ' sanction-of ths other defendants. In various temporal and secular enterprises, stocks, ven-i ven-i tures, speculations and undertakings, among : , which are th. following, to wit: Zlon's Co- operative Mercantile Institution, the Stats Bank of Utah, Zion's Savings Bank and Trust - company, th. Utah Sugar company, the Salt Lake tt Us Angeles Railway company, the Sattalr Beach company, the Inland Crystal Salt company, the Salt Lake Dramatic as- . sociatloa, the Union Pacific Railway company. S the Bullion-Beck and Champion alining com-1 com-1 - ' . Iany, the Deseret News book store; thst said J Joseph F. Smith, president as aforesaid and trustee In trust thereof, has from November, , . - IsVl. and from thence hitherto continued the y - ' unlawful Investments aforesaid, and will - so continue the said Investments unless he la re- 3 strained from so doing by the Injunction of f this court. Plaintiffs are not abl. to tell the e exact amounts Invested la said stocks and ? business -of said corporations and companies. ' and asks that defendants may be required g , specifically te do so under oath. 8 , K"o. Eight to IHrert Pund. ' ' : nb. That said plaintiffs are Informed and 5 ' - believe, and upon such Information allege, f that various persons from time to time, by ' 'i . their last wills aad testaments aad otherwise, f , nave devised, bequeathed and donated, and 1 " will donate and will continue to give and do- 1 nats to said church, real and personal prop- S - artv whlca said devisees, bequests and dona- g ' tlons were and will be given for church pur-I pur-I f,- ' poses; and said church, or Its president and fj - trustee In trust; had. nor havs they, any t - lawful right to divert said property or money 1 ' - so held to any. other use or purpoee, or to 5 U Invest it IB any aecular buslMsa: bat plaln- -r - tiffs allege - on information and "belief, as V f-- aforesaid, that said Joseph F. Smith, as presl-,' presl-,' . L dent, as aforesaid, and trustee in trust, with ! - - .- the advice atad sanction of to other ,def end- . . anu from time to time. In violation of ths i r trust, pursuant to which said property, do- , nations and gifts were mad e and held. In- ; vested and risked In competition a large part . r- -thereof, la th. stocks, speculations and busl-' busl-' pees of various companies as alleged as afore- - said, for proOta. ' ;What Plaintiffs Baliera. . ' ' - t-th. That ' plaintiffs are informed and "bellev. "be-llev. and alleg. that defendants, unless re- . . strained oy the Injunction of this court, will - continue to risk and Invest the said tithing ' and other contributions and donations In ths . hands of said church and said trustee for ' f rtaurch purposes, unlawfully and without an- I :; - - J : : ; - i ; s "- r |