| Show THE SEVENTH DISTRICT schoon SCHOOL TAX zhe THE case CASK irn COURT A A lying I 1 I 1 COMPLAINT K RULING OF JUDGE wane ZANE r 1 the case ot of certain non mormon residents dents of the jtb 7 th soho hohol 1 district against the trustees came UP ipp before judge zane yesterday and nearly the whale day was spent in hearing bearing the arguments jt it canie carile up on motion that the injunction granted against the restraining them irom from levying upon the property of liberal residents in the district be dissolved mr cheeks opened the tho case with a motion to strike stride out certa certain 1 in portions of df the complaint co ro plaint as being irrelevant and redundant the following are the portions or referred to I 1 I 1 that for many years tears prior to the brin ringing briefing Fing of this action there has been and nd Is is now in the territory of utah a church hurch and religious organization known as the church of jesus christ of latter day saints and sometimes called the mormon church I 1 of which as these plaintiffs are informed and belleve believe at least four the entire population ers of the territory are meiners members the said sald church has always heretofore claimed and assented asserted and now does blaim claim and assert assern as one among the doctrines and tenets of the faith upon which it is founded that its officers and priesthood have authority over the members of the church in temporal as well as spiritual things thin 6 which has been heen exp eap expressly cressly reveal revealed e a through its prophets and seers by byal ai mighty god and delegated to such ont onn officers leers and priesthood guthat ever since the organization of the said church tin lin in said territory its authority has been and now is exercised throughout said territory tn in temporal aswell as weli well as spiritual matters in appointments and elections to office the settlement of controversies ac alc d disputes concertin concerning con cernin property and personal rights right and in n the creation and ard perpetuation of an alleged public territorial rit orial school system the management and control of the schools including the branches of learning taught therein and the appoint meat and qualification of bf teachers that during all of said time the said sald church through its officers and priesthood has exercised and now does does exercise in all the school districts and in all the so called public schools in said territory its authority authority au thorit I 1 so claimed as aforesaid afo reald reaid to excle exclude de tr from orn all control management or participation of in or matters connected with the so called public schools eitner elther as school officers or teachers every person who was not noot and is not now a member of said church or a believer in its doctrines and authority tho rity and has so directed and does now direct said school andall of them in the methods of thought and abid study prevailing therein so as to influence the minds of the children and persons attending the same towards acceptation of and belief jn in the doctrines and tenets of said church to the exclusion of atall ali ail all other religious beliefs that for the reasons aforesaid the children clil cill lotten of a large minority of persons citizens and residents of the sald bald territory including those of the plaintiffs all of in hoin horm are non rion believers in the doctrines and tenets of said church chu ach have teen leen and now are excluded of necessity from all participation in any of the benefit p to be boe derived from said schools that during all of said time tho the members of said church comprising a majority majori tuf tet of the citizens and residents of sad said territory errit ory as before stated state dhave have yielded and do now yield obedience to said church its officers and priesthood in the matters and things aforesaid relating delatin to said schools Th that atall all ali the school trustees of nearl nearly y ever every school district in the territory gah mah of utah are now and at all times here tolore have been members of the said sald s a id church of jesus christ of latter day d a y saints and that in a 3 few school districts distri tri trl acts tn in sald said territory including the said SeVenth school district the school trustees whereof are arc not all members owsald of said church a j majority of such subh trustees are now and at all times ines here have been members of said church that the manner in which tb mhd e schools in all tile the school districts in said sald territory ren including tho the school in said seventh district shall be conducted is nominally allY aily and ostensibly determined ard and prescribed by tho trustee tr atee of the respective districts yet ili ily ill lit tru truth ta i and in infant f at the manner of conducting all of said scho schools gis including the school in the seventh district include in ing the selection and employment of tee tec teachers hers in all of said schools is controlled and bythe bytho law and ecclesiastical officials ot of said church to chor he trustees of illi ali bald baid al districts defer and nd whose ey listen and accede to in at au such mathat thal that fi aa the 1 e d itsel schools in all the districts f v said territory including the school schoola in the seventh district are now and at all 1 times heretofore ha have e beeri aen nen I 1 members of the thi said sald church mild gild rand fand that none non e but members of said sald church are permitted by the school trustees yielding to the thet counsel of the lay and aud ecclesiastical officials in u authority author ind ingald in Ing said sald ld church to tp be e employ euln euin anhof y of said sald id as teachers I 1 i 1 0 i i that in all the so called cudlic public schools in said territory under prider the territorial school system and abd particularly t ic kipar in the held heid and in the seventh district the thet tele tole teachers hers and pupils in the tiie schools durl duri during school hours eng in certain devotional and aia I 1 e fukei h and alid that thatah at beasi least indice indirectly c IV the doctrines and tenets of th thi church cl church are inculcate dand taught taus 11 ht 1 I 1 that in the future said doctrines and tenets will continue to be inculcated and taught in said seventh district school 1 hat heyn of either elther of them are rg df the hadr nor we believers in the doctrines thereof and do not desire nor intend to suffer any of their children tx attend or enjoy any of the tile adva vantages advantages au la es 0 of said sald school at any time I 1 in ft h ough h not to mert Wert b aed ts to r ilse lise afung to fo butila build suc huc horany bolhouse schoolhouse sch atthe iT the sald said territory or in any anyway way be e compelled to contribute to the support of df the schools to beheld be heldor oread had therein thereto because fjald schools as plaintiffs are informed and Jael leve leye and upon such information and bellel belief charge the fact to bei hei be are and in an the f future will bo s sectarian in their character that the school heretofore hadadd had and maintained in said seventh district and which as in the future be kept and maintained in the school lion tv be erected and paid forhy foray for by tax levy iely hereld herein co complained or of nas has not been Is not now and in the future w will ill lil not be a free public school that a monthly sum for tuition here for Is now and in the f future will continue to he compulsorily exa exacted teo tco k from froin and I 1 for fon lor lon all ali all ali children and par arspn I 1 in inlaid sald said di strict district who havo have heretofore attend attended pd do now orin tae future vily attend laid ald aid school for ln instruction st therein and that said sald chool has been and in the f future will be a private school 1 nir nic mr sheel sheeks made a short opening argument showing that it if there were e anything wrong ithe Ter remedy nedy lay with the that made the lawand law and congress knew when it created that body that they were chief r ly mormons cormons Mor mons he ile I 1 cited authorities supporting his position r mr nir C 0 S varian followed mr sheeks said it is was vas part of the unwritten law of the land fand that all sectarian teachers be excluded froia f rom the public schools ref referred erred to authorities to show that courts courty had a rh right ti t to interfere in such matters the maia main portion bf his remarks was a harangue nara hara ngue against the mormon ra 0 nty church church accusing iti of 01 controlling the education of the the young and predicting that it would always continue botlo so if not stopped by the strong stten arm arih ot of the law mr rawlins closed the session hours speech he showed show ed that the fact that there was a dominant church here had no more connection with levying and collecting taxes than does tiie tile claim of the pope tb tto infallibility the complaint alleges that no one can be elected to an 0 offles falc FJ without the consent of thid this chur Chbr churell eil cil that is id not oti ofa H of the as been 4 elected by bv the liberal vote he said the court might be justified in interfering mr schools if 11 it could be that any uy sectarian books book were vere used or tha that f a the tiie teach eus spen trany time in making converts to the thu mormon saito falto pr bat the law in the teachers nothing odthe the kind isherw sho yn and no action until t I 1 I 1 fos fol W s shown h 6 w i ix the authorities quoted quoi eie epe isaken 0 y 17 1 jat tre tiie this orning morning judge zane motion of sheeks sheek a rawlins kawlins on behall behalf of the strike out dut trip trio opinio opinion n was expressed orall yand bc aupied oven over an hour jn da delivery lie he took the that tax could oil oll only anz ang be for public oun pun purposes poses ana the complaint shoved on its face that the tar tae ta in dispute was for or the purpose ose oso 1 of an a sectarian tarlan school fa an fn the Ath District under the ube guise ul ule of a public schooled scho olto ltd teach nectair lan ian udby doctrine th that at ah A was a dominant church li in this territory tor y claiming to direct the 06 tempo ral affairs tiff airs af pf its members the law passerby pass edby the legislature ture jn relation to school tax ta so fir far 44 aalt asit CS contributed trl tri buted to a sectarian object wasim proper because that body was forbidden by the jq pas a law lanfor for tuana tiana any ollief public pur OR after the opinion was as delivered de mr rawlin rawlan s tm tile tiie case beneard be d heard heard beard to lo morrow on demurrer mr varian varlan asked for moro timo timao to fet pet proofs proof a ead im w lat kot with witti al from drom amr rawlins that when the gen on the other side drew the complaint he ought to have been in a position to know what he would be aole to prove 4 after f urther farther remarks by counsel on both was agreed that he case come dp lip on lv lt nie merits rits and bo bd heard on january 2nd and 1885 |
