| Show RT SU JAI S ST T THE t Judge Morse Hands Down Dc De Decision in Case Brought Against Church PLAINTIFFS GIVEN 20 DAYS Have This Length of Time in Which to File an Amend Amended ed Complaint Hilling IN hi III Detail Cox Corers ITS BIlI Point of ot f Oh liaised Th demurrer of ot defendants ll to 10 tha th Ih complaint In the cas case of ot Io 1 Dozi Carlos Cado CadoV W V Musser Mur and Charles A President Joweph F Smith of or the th Church cI of ot Jesus Christ of or Latter da ria Saints et nl iii sustained lW bY y Judge Jude Charles W V Morio this morning In a WI exhaustive decision which covers the thc points raked on demurrer fn Iii every c try detail leI all The rue complaint was Hied fileti bj by b the Iho to compel President Smith to render nn on accounting of th fund received by b him on for tor an nn Injunction to 10 enjoin defendants from flora further Investing wild ald fund funt In n Ihl stocks Blocks of corporations Alter After sustain sustainIng Ing mR In the tIft demurrer Judge Moise made malle nn na orl r giving the 20 days In Ii to amend their complaint Tin fh rt decision of or the thu court follows In full rull DECISION 1 IN I FULL FULI l ULI It It Is s iettI d by 1 tin 1111 almost un unbroken Unbroken broken brokell line Ine of decisions that thu tho civil courts will take jurisdiction jUrl of or suits to 11 L misappropriation ol oC o church funds o or property or of uny 1111 attempted application of the sane same not warranted bj tty b the terms upon which the fund was vas created or thu tho property acquired or C t rth the th rules and nd regulations of the society Hut But before the court will to tl exercIse a t control over I er th management disposal dl or Investment In of or such property or funds und It must mint clear cleal h 1 appear from the averments of Hits thu tI bill that the nets acts complained of nr no unwarranted or and lind that the lila trust reposes rel e In lii those tho to whom the management and control of f sw aurlI li property pro erty or fund liar han been committed I Is or Is Isa l about out to lie be violated The rhe which such relief hns hn been beell b en fought Into two to classes 1 1 Where thin the society Is IJ t a near cor corporation or having been bun un under der ler the laws lawa for tho th incorporation JI ratton for fOI oi societies and where tho th society Is ha unincorporated ted being merely a n voluntary association In tile the that class cIa the th object of If the W society and the tho limits of ItH It are ore defined by b Us 1111 tt charter or QI r articles of In Incorporation Incorporation corporation and these It may not depart from nor 1101 exceed fI With the clae such uch and must be mined b Ly reference to the organic or Lle law of the tw society and uch PUCh rules Tules and UH ui UI It may In have hare regularly adopted NO UNLAWFUL U ACTS ACS As s appears from frol two tho of 01 the th bill bi in this ease CIP elL the tho Church ot of Jesus Christ Chrtt of be bo belongs b longs iong to 10 the second daws I It I la Ii Ii nut not al 01 alleged II I and fal was not flot contended In the Iho i argument upon the tile delure Hint the tho th acts RIt of 01 the th defendants complained of were Wert unlawful In II the sense etise ICI t that flInt Ihu they nrc lre li iii 1 IU violation of Ils In s of this I hl state Neither was It II alleged nor was wa waIt It contended that any ny of ot the tl trust property was being beng or Inn had been beel ap at appropriated 11 by h the tho defendants or either of thin Ih l to their own on me use lse or 01 that of f tim Um of ff defendants d had 1111 been Icett bel guilty ull ni fraud wih w rein t ion to I t such prop property erty but bu the tIit tH contention wan WIS that tile the and Ond Ind use Ise of ot f tho the funds In II the manner complained of or sere Iz d and unwarranted and 1101 Ind con COIl COl a U violation on the tite purt of ot tim tho thod d fondants of oC their duties an as trustees tt What those duties dutes ire are r and what the tho powers power and limitations of authority on Ott the part of such HItch trustees are lrE can only be determined by a reference to 10 th Ih hue rules ruleR and Ind regulations of nf the the tho terms terl trust trustA A CASH IN POINT AH AR was WItS I P I said by II the Iho learned Chancellor Chancelor In the tho case 1 of v H I Skinner tl ii 1 Ct 2 57 If it Jurisdiction Is iii II over voluntary n a so for tor or charitable purposes by hr it I ourt of ot chancery chancer It to 10 mo tue le that It IL will wi ly to exam examine examIne ine inq their constitutions or 01 bylaws 01 or of association In III outer oriler Oller to 10 II ls over the object for which they wore were formed and every member lember colit I ig and very onu receiving donations whether they Iho nrc styled us UR or ot must bust be he considered ns us lug re gad to the of a whether they thc are called caled constitution or H atul must proceed according and 1101 as ni was 15 Stilt said by Iy Judge o Strong n It 1 delivering the opinion of ot IC the CoUrt CoUrtn coul n the tue African M K 1 nice 48 ta III 1 Ht It Ht Of Ot course whether the tho thoi i 1 ta 9 either of ot omission lon or commission nf of were vere of o 1 hIp trust I r lIst depends upon tho t he nature I ri of i h trust n ns as defined by II tho the deed ere rE I n if It I The rho rule ruff Is slated In iii EI P and Ild P 1 I Vol Yol 22 p II as itS lS follow All 11 the facts or circumstances relied pon to 10 show sho the tho creation or existence 9 af a n trust In favor of the tite plaintiff must r P distinctly alleged And ld this must musti J i t necessity he be no io 0 for tor It I be bo de whether a n breach of nf duty or at orie 01 hl 1 ie failure allure to perform mi IIII haN lian hUl I lix currell unless tile the duty or 1 obligation b pet et forth filid defined NO O CAUSE CAUSi 01 OP ACTION It Ils Is not to 10 allege ole c Unit aln ln acts ore le unlawful or that th they Ihy y Innot lawfully fully or legally be done dOle but buthe he hl facts foni which Much uch ded ullon Ind nd conclusions may mn be tto reached 11 must e set Be forth Applying these theMe E rule ruIe to the tho com In this Cure caro cu e I um titu of the opinion hit hat It II dOM does tint not lot u a I cause cauce of ot in It ft Is alleged that the defendant I eph r F I as ns president and III trus truse e transacts I the 8 of 0 mid aid In III Hall bilt take lkc City What he ii nature or character of the tho business o n It which gald saith under the tho he heoley olley oley or plan plait of or UH itH 11 organization may In through Its Is trustee Is I not 1101 set l id forth It h Ii that lets annually from mitt Its 11 members one nth of their pains tins or Income OR as al 1 n I Such uch exactions must necessarily i ii i Ie IC mado through law rule or orp I I p regulation N by some sonic Ier per I COIlS SOlS or body ho having authority to III II act nCI In such mutters The ho complaint howe 1111 r z Is II ns aM ni to the tho character i or r of If o any Iny such rule or regulation With wih reference to 10 tho th object of ot such exaction c aeton or how the tili funds created thereby shall hll bo be managed nod and applied t 1111 with wih whom If any one ie Iet ts the discretion of ot determining or directing such management or expenditure COMPLAINT CO PlAINT IS I I It I is ale d Hint such contributions Ire are 1011 to lull Church and mild trus trustees tees 1 for tor and expenditure by I It exclusively for fa Chinch hUrt it purpose etc ete Hut But luthir r such deduction I h Is to tobo bo he hi drawn from frol the fact tact that the per contributing are rt to have havo done so with lh rElt to the tho terms of the regulations such contributions or 01 by b reason of f H directions and ami t th tJ donors at lit the time of ot the thc contribution doss not hot lot If I the former fonner then the substance of tho t It e tarns torms and 1111 the t ii C condi conditions Ill ii I Ihl of such 1111 should be bo I pleaded and all It I I f the tho lit latter I the he t directions ii 1 and n nd limitations as its by 1 the should be net cot forth foith I With to tili th eighth piri pua which refers lr ferR to the th de devisers leers and b quests the demurrer to 10 this pIt upon 1 1 the tho th e ground liti that Ut t It II I t Is li and amI In Is su t ond the general to 10 the tre cause of If action It attempted Ii t I to 10 be le it stated stu I eth In III II the 1 he r of or the lie complaint Is sustain sustained ed cI and tile the plaintiffs I art arc 1 20 0 days rl to amend If I they i so HO o desire |
