Show AN ION FILED AGAINST SMITH that president joseph F smith of the matoi inon church unlawfully fully di eherts orts R no e hundred thousand dollari annually from the f funds of the church for commercial purposes und and to pui pitt chabo eliase estates and residences in mexico and canada for chuich leaders and their i Is alleged in a petition for un injunction filed in the third cobit at tit suit salt lako lake city ut laa la U A t friday by chatles A of ogdon ogden and don doti curio carlos W INI usser of 0 salt lake city in order to enable him to petition us as a member of the mormon church ha ila filed un an appeal from the decree of excommunication ron ren dered against him by the high council of 0 weber ata stake ke his ills appeal which will probably bo be denied ull ho lie believes bo be hold held to continue him as a member of tho the church until cinat fina action 1 is taken the appeal will not be considered on oil the merits of the case u but will bo be acted upon merely in regard 0 to the technicalities of tho the procedure in the 1 bowex orvel ecclesiastical courts dussort dus sors standing in the church is not ques tinned ho he is a sun of A milton musser assistant historian of the church aud was a well known member of the utah batteries bat tories in the philippines after the batteries loft left the islands musser pub fished a newspaper known as freedom in manila for tw 0 or three years ho he recently returned to utah and during the campaign was one of the speakers for te republican state committee musser is one of the two men who voted against sustaining staining 11 the general authorities of the chuich in the tabernacle on thursday 30 ho explains tatt ho he objects to losena F smith continuing at the head bead of the because in his testimony at washington the president pies ident admitted that he was living in open violation viol stIon of the law laws of utah and tho the law of tho the mormon church as promulgated by tho the manifesto of president Wood rt musser objects tApo stIo lyman for the samo same reason ho he objects to apostles cowley and taylor on tho the ground aliat both have married additional plural wives wa es since tho the manifesto judge charles S zane appears a os as attorney for the petitioners petition ers the peti petition tiou alleges on information und belief that president smith as trustee in trust for cifre church and somo sometimes times in his on onn natle for thO church unlawfully transacts secular business by the use of church funds fund hold for church purposes it ia alleged that the receipts receipt from tithing donations and bequests amount to more than ono one million dollars each bach year and that president smith alin nally ally diverts ns as much as ta five c hundred undred li thousand tousand dollar to for tho the purpose of estling in stocks stock and bonds of various agiou colimer cial 11 and industrial concerns a list of which is em bodied in the petition the petition asks that president smith ba required qui 1 red to aphea and answer under und or oath all of the allegations the court donno define his duty with reference to till so 0 of church money by direct ing that it bo be U used eckfor for church purpose exclusive ly A temporary injunction tobe to bo made permanent upon lipon determination af tho the case to restrain president smith from making further commercial in v ost cst ments Is a asked for under the rul of legal procedure in altai president smith will bo be compelled to show chuoc why the injunction should not be granted the ale time for hearing lia has not been set the papers were served on president smith last week and are now in the hands of the church attorney F P S richards inasmuch as the defendant has twenty days in which to reply and richards has not yet had bad time to give tho the matter consideration idera tiou it is not probable thab that an answer will bo be foi forthcoming foith th coming for some sum caime time r most of the castern utah conference crowd Is at home will now proceed to sane up f enough hough money to got gat back to alor and the m nt acot et for shoddy goods by Octo october bir in tho tac mea nUmo the homo flonie dealer will bo be adl worked aked for credit as usual president joseph F smith mir t paraphrase so se one cleveland loveland and inform his questioners that this matter of tithing is 14 laidely lai gely a private affair in A aich the general public has no interest |