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Show 1 i MUSSERS COMPLAINT THE URL Of SOCIETY ue or purpose or lo invest it in any aeculiir busincm, bm plaintiff allege on information and belief, a church aiithoCiiei: F. Sinuh, aforesaid, that mid IN THE THIRD .11 DICIA1. DIS- a president as aiorcaid, and truite TRICT COURT IN AM i for THE in trust, ha front unit to lime, in Otl'NTY OF SALT LAKE, STATE violation of the trii!-(- . pursuant to OF UTAH. which said property, donations and lion Carlos V. Mutter and Charles gifts were made and held, invested a A. Smuiihwaite. nhu mi,- - on hehalf large part thereof, in the stock.--, and and .ill oilier memherj of themi-elvc- s of various companies as, alof the Church of Jomix chii-- t of leged as aforesaid. IX. Saint, nhu may come into this cae, plaintiff)-- . e. th,. fhuirh ot is Asked. Injunction Jesus Christ of taiier-daThat plaintiff, are informed and beSainis a .id lieve and allege that defendants, unJoseph F. Smith, presiieni and truatee-in-truk- t. iieiriulanu. Com- less restrained by the injunction of litis court, will rivntliuie In risk and plaint: and other The plaintiff on t.if;r own hehalf invest the auid tithing in it an.i on behalf of all the member of contributions and dona 'ions eai.i church, who may cliuose to coins hands for church purposes, unlawfulinto this cause. Complain of Joseph ly and without authority, in various K. Smith, the p resilient ,. the Church enterprles and various classes of busof Jesus Christ ot Latter-daSaints, iness. purely of s secular and temporthereof: and trusiee-in-trua- t al nature. Inasmuch as plaintiffs are That plaintiff are memliera of said without any adequate remedy for th church, of which there are many thou-an.l- wrongs aforesaid, except in a court of equity, the plaintiffs therefore pray II. tost said defendant, shall specificalThai said Joseph F. Smith Is the ly answer all and singular each and all of the allegation, ms it or and president of said rhurcii an,l trustee-In-truthereof, anil thai he transacts thing in the foregoing complaint, as the business of said church at Salt accurately and fully a if specifically on tho wiincM take City, In Salt Lake county, in interrogated therein said atate; that Joeph F. Smith, in stand; that tho rourt will declare the the name of a!d church, and at other legal duty of said Joseph K. Sniilh, president or otherwise, with repoci times in his name, aa truaiee-in-trus- t 0 tithing, donation. Irvines, befor said church, and sometimes in h.s own name for said church, unlaw- quest and gifts and the purpose for which tney may be used, and (ho duty fully transacts secular business with of .aid church and Its authorities witn the ue of the funds oi the said ( respect thereto, and will declare that church, held for church purposes. the same shall lie held In crust for III. Ihat said church is a religious as- churchbo purposes alone, and that it can approprlaied and used to and sociation embracing all the members only of that sect and religious denomina- for such purposes; that the court will a temporary injunction restraintion; that it exact annually from its issuosaid defendants from investing ui of their ing members .aid funds arising tmin tithing or gains or incomes: that said tithing from donation and gifts for church and contrlbutkin are paid to said church for appropriation and expend- purpose, in any business or enterfor iture by it exclusively for church pur prise established or prosecuted Industrial or business poes, such as building and repairing commercial, temples, houses of worship, payment purpose to obtain pecuniary profit or of officers, aiding it missionaries and advantage lu businea competition or for the relief of Ita poor, and tuwarda otherwise to reach temporal and seccharitable objects; lull that the same ular ends, and that upon the final cannot lawfully be used in mercantile, hearing the rourt will make such incommercial, industrial bufitie enter- junction perpetual and mandatory forprises or to accomplish or reach any bidding the continuanee ot investother temporal or secular objects or ments that have been made to establish or to prosecute nr roach secular ends whatever. ends. Finally plaintiffs pray for such IV. other and further relief as to the Charge ot Diversion of Tithing. That said church, as plaintiffs are equity appertains. CHARLES 8. ZANK. informed and believe and allege, rePlaintiff's Attorney. ceives, and has received for many State of Utah, County of Salt take, year last past, tithing from its mem: bers for church purposes, large auma Don Carlos W. Musaer and Charles of money, and also tithing in kind belonging to various species and classes A. Smurthwalte, Aeing duly sworn, deof property of great value; that said pose and say each for himself: That in the foregoing comtithing received egch year for several he is s plaintiff that be has read the same, years past, has amounted in value to plaint; knows iis contents and the al legamore than one million dollars tion, matters and things therein cona year. tained arc true of hia own knowledge V. except aa to those therein slated up. That plaintiffs are informed and be- on Information and belief, and that lieve and upon nuch information and belief, allege that, wild Joseph F. ha believes those to be true. (Seal.) Smith la the mrnda Aa aforesaid, has CHARLES A.. SMURTHWAITE. from time to time each year since his DON CAHLOS W. MU88KR. trustee-in-trusappointment aa president and Subscribed and sworn to before me aa aforesaid in September, (November), 1901. fnveated a large this 7th day of April, 1900. J. W. BTR1NGFELLOW. portion of said funds arising from Notary Public, hands of the church so laid in tithing Aa much for church purposes, MIBB BROWN DEAD. thousand dollars aa five hundred ($500,000) per annum. SaU investments were made in various Linds of Chronic Heart Trouble of Twenty secular business, industries, enterYears Duration. prises and ventures; that ha has Invested a large part of the same in the Ml tut Fredrira Brown, a sister of stocks and business of the following Mrs. K. M. Allison, Kr., died yesterdsy corporal ion, or companies, Idaho Sugar company, the Salt take morning st the private hospital of Knitting company, the Utah National Mrs. Fife on Kouih Washington bank, the Lewiston Sugar company, avenue. Miss Browns death was duo (o the Utah Light A Railway company, the First National bank of Logan, the chronic heart trouble from which she of had been Buffering for twenty years. Home Pira Insurance company Utah, the Consolidated Wagon A Ma- 8he had been confined lo her bed for chine company, the Ogden Woolen the last two months, during which mills, the Provo Woolea mills, the time her sufferings were very great, Cache Knitting worka.tha Logan Knit- hnt she bore up under It with remarkting factory, the Provo Knitting fac- able patience sad fortitude. Her sweet tory. the Rocky Mountain Bell Tel- and unselfish nature was such that she ephone company, the ownership and endeared herself to all with whom she renting of improved real estate and came In contact, aid her friends will the purchase of large traete of land learn of her demise with deep regret. in Canada and Mexico, to establish Miss Brown was forty years of age estates and reririenoes for the church and unmarried. Although she had their favorite. leaders and many opportunities to enter the matriThe following is 4 ropy t,f up hworn to h- - Dm. i Miif-c- r and r. A. Sniurthi,,i, acainhi the Inpes. and the ge.it leman's by Black. In.iumnable iiwn th rertlriMedian:?.- Those pre-cweie: rer days in the r,.!,ntlar ut Sacret Camp anpl .m l ,ide; Misses Hi Heari ac.rtimy during the past tew Maude t Unger. taufm Bartb-'i- . nna i months. Imt were well a cnlor Carr. Blanche Mattson. Rimy .lo.i, arttertivv by mean of whirh t paint and Ffbel Camp Me.-sC. Kenirv. th etrnia ot la.u Thura-lavApiiiti. H Harper. A. Cm anauph. H. Bl.uk, we might with all nroprl.-ir.ili; ii T. llaidy, and Le Roy 1'ode. morning. brilliant with his golden ' iron ihonghl Miirkliiig reparte. MRS. BARTON. HOSTESS. fon-ili!an-argiimeniimn i. At nino o'clock I'm library piesrn A krnsingtoit. presided over hv Mis In re- Churlea H. Barton. Wednesday, was ei a veiy animated sponse to an invuaiion from the An- io thorough of appointment and filled num iau .ciiiy, l lie member of the with so much pleasure, as to he Si. T.nr a'H and St. I'.iiherl.ie' cirhv those participating, among the cles had assembled To lisim to a brightest of the sen wins parties. From the recei of ail present The hostess varied the usual ken-s- i one n gl on needle work, by introducing an niigbl inter Ijtai a delight ml was realizaanticipated, hut morning interesting game, the prize lor which tion far exceeded aniiripahon. was cut tor hy Mrs. Conroy and Mrs. Th? subject chosen wa. Car.ar 'vi. Halverson, and won hy the latter. from Brutus. eonindered A fine lunrheon was the concluding mainly Shakeacpeare's viewpoint, but histori- feature. a cal accuracy also played a coa.pic-uouLUCKY THIRTEEN. part. Mi.aea Maluney and 'O'Connell wcie loyal adherem. of great Ceasar. while Missci The Lucky Thirteen Donogay, rlub count .aud Frost championed (ho Wednesday afternoon, passed in raid cause of Brunei, jure Maloney In a playing aud feasting at the home of amooth, hulking peroration lad be- Mrs. Dense, as moat enjuyahly spent, fore the audience the claim, of her which sentiment is heartily endorsed hero and after winning many over by Meadames Stilwell, MaBooth, wbo before had wiinrei. .he desisted guire and Bedurry, who were guests for a few minute, amid a storm of of the club. applause, while Mia Donaghy aro.e Freity souvenirs of the dainty event to refute some statement., accept were secured hy Mrs. Stilwi-11- , Mr-- . at card others, and preaent some of the claim, McGaw and Mrs. Gullihur of him whu called himbclf the Iricud playing. of Caeaar. Equally clear were the retorts of Miss Elsa Dangers was a visitor to Mlaa O'Connell to which Misa Frost the capital yesterday. and dcci.lou. replied wild aptne Musa Maginnl argued aa if she stood Mrs. E. E. Rich spent a few days of In the forum ana won untold admiration for her clearness, her energetic, the week in Salt take. yet calm, delivery, but moat of all Mra F. E. Nlehols and Mra G. for her hero-uk- e tenacity. Mlaa Maloney and Mias Maginnla, Sturdevant are Salt take visitors. whoe fathers are re.pectivcly Judges Mr. and Mrs. J. H. Spargo left yesMaloney and Maginnia, undoubtedly proved themaelve. logical daughter, of terday on an extended visit in the east judicial sires. Mra Abbott R. Heywood spent WEDDING ANNIVERSARY. Wednesday at the capital with frienda ut , pu-iti- Seen Em? Have you seen the new Spring Shoe Styles? They are very hands- ome. Come m and we 11 show you the Best Shoes the countrys BestShoemakers Know How to Build dont see a line of Mens Shoes every day You equal to ours. Patent Kid, Calf and Coltskins, Russia Tan thats everything for and new and wear. fresh Spring If you are a man who wears or $3.00, $3.50, $4.00 $5.00 Shoes, it matters not, come right along and well shoe you with the best Shoes that your price can buy. i. Mr. and Mrs. L. T. Moore entertainMiss Adeline Smith of Logan is ed last Monday evening In honor of their fifth wedding annivereary. High-Fiv- e visiting her friend. Miss Ella Sievena was the game of the evening, af- Mrs. J. 8. Peery returned Wednester which the guests were ushered Into , where a sumptuous day from a three months visit on the the repast was served by the hostess, as- coast. dining-room- FRED M. NYE CO. Oolhiers and Shoers 2413 Washington Avenue Grand Sunday Concert Lyceum sisted by Mrs. E. B. Stone., Mr. and Mra. Moore were the recipient, of many useful and valuable presents, all being of wood. : The following carried off prizes for card playing: Miss Duby tawe and Mr. T. C. Macbeth, head prizes, and Mrs. W. 8. Stone and Mr. E. B. Stone, consolations. Mrs. Stanley Johnson and Mr. N. T. Moore carrying off the booby prises. At a late hour the guests left, wishing Mr. and Mrs. Moore many more years of wedded life, and hoping to be again entertained at their home. The invited guests were: Messrs, and Mesdames E. B. Stone, TV. H. Far ry, X. T. Moore, Bert Holbrook. J. Hod-soStanley Johnson, T. C. Macbeth, R. Griffln, A. Rollow, J. Stanley Dee, F. W. Stone, Mre. W. 8. 8tone, Miss Ruby Lowe, Mr. Geo. Wills. Mrs. A. W. Meek is visiting in Salt take, the guest of her sister, Sirs. M. B. Whitney. tauise Peery visited Mias In Salt the guest of Mra take this week, Claude W. Gates. Mra G. L. Becker la guest at the home of Mr. .and Mra .George Forrester at Salt take sM ita next meeting at . a Aglaia will hold the home of Mrs. Twenty-fift- 1. street, h noon. N. . tanning, Tuesday 583 after- Miss May Scoweroft entertained inWedformally a few of her friends on Twenty-sinesday evening at her home on xth street. h Miss Elizabeth M. Orilj attended a meeting of the Teachers Slate Association In Salt take yesterday, she beqf the assoing second ciation. ... ... Miss Violet Wallis of. Suiter City, Idaho visited with relatives in this city the forepart of the .week, .and continued on to Pmvo. Wednesday on n short visit. Miss Rae .Woodcock, who haa been ill at her home in this city for some time, has returned to Sell take to resume her duties aa teacher in the public schools of that place. . Theatre a y Offering Special Purchases of Newest, Most Stylish Garments for Easter at prices lower than most houses will quote at the end of tho season. Ladies Silk and Cloth Suits For some weeks ws have been collaborating with New Yorks foremost deatgneii, and the result Is in every way moat artistic and thoroughly gratifying. Nowhere elie in Ogden can such an eminently represent tive gathering bo found. Suits ambiact everything new and hand so m stylo. Ita a talo that full of batgalna, for theres a positive saving of to under all other stores' price. Where can you match thorn T one-fourt- h one-thir- d Ladies Ladies' Ladies Ladies $6.50 and $7.00 New Spring; Skirts $2.75 and $3.00 Jap Silk Waists $15.00 and $16.50 Cloth Suits $17,50 and $18.50 Silk Suits R & G state, she hold the sensitive conviction that she had not the right $2.50 ....$11.00 $15.00 Corsets These new models give that stylish definition to tapering shapeliness which the Spring fashion Imperatively demands. Wo carry a full line of style and sizes in high and low busts. tho waist and th Prices $1.00 io $1.75 Every R. A G. Corset fa Guaranteed. LAST & THOMAS nWhy Use Coal Oil.:3s? 30C f When you can have electric fights for $1.50 per month for the first light and $ LOO each for additional $B a it lights oii $6 Save all the trouble of filling lamps with oil and make it easy for the women at home by using electric light , t; monial $500 Tapering Waist (1-- 1 one-tent- h n UTAH LIGHT LR. M POWER (0., o St CAMPBELL, Manager to do so because iff the delicate condition of her health. The rems In will he shipped lo the old home at Coalville on Monday morning, to bo interred In the family burying ground. VISITORS FROM LOGAN s, to-wl- mint to-wl-t: i?188 k The Utah National Bank OF OGDEN Coma to Study a Department in the High School. The nommorrlsl department of tho Agricultural college of Logan sent to Ogden yesterday Messrs Coburn and Farnsworth, to visit tho High srhool commercial department here. These gentlemen spent tho day In tho commercial department of tho high school and together with Prof. O. J. fitllwell visited a number of business bouses where graduates of tho local department are employed, after which they expressed themselves as being highly gratified with the way the local department Is conducted. There are a number of new feature used here that are not used at lgan which may bo adopted by ihat Institution after Messrs Coburn and Farnsworth render their report. The work of the commercial department at the High school Is made as nesrly practical as possible and no books are used except to record what has been learned by tho students. In Practical ,hn fact, it i departments In below-mentione- d tasl - best-know- n s st Be Without One of Our New Spring Hats WBP you are undecided as to what shape and color you want, hist take a peep at our Window. The If NO NAME HAT the country. JAME8 NEVIN APPOINTED. Has long since Named By Governor Sparks as Bullion James Nevin, an old resident of Ogden unMI a few month sgo, has fallen into a soft berth in Nevada, where ho now lives. Governor John Sparks has of bullion appointed him lo the office state of Nevada, a Inspector for the said lo lie quite lupostilion which Is crative. Mr. Nevin Is an old friend of Governor Sparks and secured the appointment over the head of several prominent Democrats who were striving hard for the as the best. $2.50 and $3.50 mn wiiiiiiil ji i jljljj office. new position is one of considerable responsibility, is his chief duty will lie lo see that the state receives Ire legal share of Ihe bullion Mr. won its reputation TRY ONE Inspector. a-- Five-hundre- d V Garment Sale bill-me- . the Important y Mra. Valentine Gideon entertained VI. club on Thursday eventhe S. O. O. Church Funds Invested. Owing to Mrs. J. J. Wagner's early ing. Social converse and tjie partakThat said Joseph F. Smith still departure for Arizona, the B. of L. K. ing of dainty, refreshments, were feathat investments; tures of the evening, which was spent rontlnuea aald auxiliary gave her a pleasant . . Thursday evening at the home so brightly by all. plaintiffs are not able to name the exact amounts of said tithing funds so of Mrs. F. Young. A pretty souvenir id corporations or comA very pJessant .evetjpg .wps spent Invested in spoon, appropriately engraved, was presented to her during the ronrse of Friday last st the. home of Mrs. panies. and therefore pray the court the evehing as a token of tratrrnal Melghan on Adams avenue at an even- to require said defendants to State the You Get esteem. Cards commanded the guests' ings informal entertainment, in hon- respective amount. VII. attention, with dainty prizea falling or of Mrs. Hansen, of Hasting. to Mra. Btaplea and Mrs. who is visiting Mrs. James agnrr, Plaintiffs further aver that they are A nice Mr. Mr: and Ballard. Bogart. Neesley Bemflt of (fi beat work at th informed and believe und upon such luncheon was the concluding feature. information and belief allege: That PrlcM by having your I and Messrs. were the Those present Sonin of the Ogdenltea attending a large fund which had arisen from Worv dona hersb of rendition Mesdames Forrest. Bogart.VanNames, Conried Opera companys More than tithing as aforesaid, Noble, Neesley. Helms. Dwyer, StaStabat Mater" In Salt Lake Tuesday one million dollars ($1,000,000) was All Work Mesdames Guaranteed Hlnley, were: Messrs and Mesdsmes Mlttaur, at the time said Joseph F. Smith linples and Shields; Freeman. Baker. Biddle, MeKelllps, Gilson, Haskel, Broughton. Conray es me president ss aforesaid. Invested Gold Ifealy. Wagner, Lindsay and Young; and Rich; Mrs. Armstrong and daugh- or has since been invested by him In Crowns, ... .$5.00 Miaea Jefferson. Freeman and Cromp- ter Margaret, .Mrs. Brown; blisses various temporal and secular enter 1.00 JS Taatt ld Filling ton. ." Wlnnn Brown, Sylvia Dee, Minnie prises and undertakings, amrag which L00 opt Klesel. It. Andrews. Sloan: Messrs. are the following, Zions Co1.00 Filling. LIVELY CIRCLE. Massa. Hansen and Schanaenhach. soe operative Mercantile Institution, The trttaS State Bank of Utah, Zion's Savings auondaat Hour.: 1:20 THOMAS FITCH'S WEDDING. Mrs. Jos. Horroeks was hostess WedBank and Trust company, the Utah I " nesday afternoon In honor of the Live8ugar company, the Salt take A Lna Thomas Fitch, who was at one time Angeles Railway company, the Saltair prize fell to Mrs. ly Circle. First Boston Dental Parlors Walter Follestrup, second price to Mrs. a resident of this state, and who Is Beach company, the Inland Crystal Harry Todd and consolation to Mra. well known throughout Utah for his Salt company the Salt Lake Dramatic oratorical abilities, was recently mar- association the Union Pacific Railway Ave. Over Brcwn- George Watts. The rooms were prettily decorated ried in California to his sons widow, company, the Bullion-BecsnJ Cham-plo- u lad. Phoaa 102. with carnations. Mrs. Rena Fitch. The San Bernardino Mining company, the Deseret A most elaborate luncheon was servSun, in commenting on the marriage, News book store; that said Joeeph F. Smith, president as aforesaid, and ed by the charming hostess, covers be- says: Both Mr. Fitch and his bride have trustee In trust thereof, has from ing laid for the following: Mesdames Winters,' Reynolds. Wells, McMit, A. been married belore. Mr. Fitch's wife November, 19U1. and from thence InTribe, E.' Nelson, Mole, C. Carslensen, died in Los Angeles April 13, 1903, hitherto continued the unlawful Moore. H. Todd, D. W. Shupc, W. A. while Mrs. Fitch, who was the wife of vestments aforesaid, and will so conTurner, W. Tollestrup and John Thom- a son of Mr. Fitch, has been a widow tinue to lnvet mid tithing funds, as. for a number of years. She formerly and continue the said Invest ments un- The club were invlled to meet with lived Id the east, but more recently less be Is restrained from so doing moved to California, residing for a by the Injunction of this court. PlainMrs. George Watts. April nineteenth. time at Beaumont and for the past four tiff arc not able to tell the exact or five months on the Harrison ranch, amounts Invested in aald stocks and WITH DR. AND MRS. BRICK. , north of the city, which Mr. Fitch pur- bttlnea of aid corporations and comUnited States of chased some years ago. The panies, and k the defendants may game engaging Depository She is a charming and highly cul- he requested specifically to do so unand a dainty luncheon were the pleasPnddml ant features of an evening's enjoy- tured woman, and has won the esteem der oath. VIII. Visa PrMld.nl ment planned by Dr. and Mra. Samnel and admiration of all with whom she feSf.8 Caahler A u ,Hm L. Brick' for Mr. and Mrs. i.arry F. has come In contact. Mr. Fitch has Use Mads of Bsqnssts. AMlatant Caahlar Horton and the gained a reputation which reaches That said plaintiffs are informed friends Saturday night: Mr. and Mra from the Atlantie- to the Pacific. His believe and upon auch informaPaid On Savings Accounts Runyon; Dr. and Mra Baker. Mr. and brilliant speech and clear argumenta- and tion allege that various person from tive powers have made him one of the time to time, by their lat will and Mra Barton, and Mra Ferkina men of the country, and by testaments and otherwise, have devisINTEREST. all he is held In the highest esteem. PARTY OF TWO-FOLbequeathed n(1 donated, and will It fs the Intention of Mr. Fitch to ed, Carpcntarlng, donate and will continue to give and Building, A pleasant evening was spent last make his home for the remainder of donate to aid church real and perand R.modallng of at the nome of Mra- - A. Code his life in this vicinity and he will en- sonal property which aald devises, Heuwa Tuesday to. Promptly attended were and will on Washington avenue, the occasion gage In the practice of law In San Ber- bequests and dona'-ipnAll work Guaranteed. nardino. The beautiful ranch which he be given for church purposes; and Enquire being the celebration of a double la Nelson, 545 its prerident and 1th street. birthday "anniversary, that of Mrs. owns north of the city will be the Bald church or never Telephone 329-y- . had, nor have Code and her son. LeRoy. High live home of Mr. and Mrs. Fitch, and it Is trustee-in-tmand other games were played, the their intention to make It one of the they, any lawful right to divert said so held to any oth Udy'e prize being taken by Miss Ruby show places of the valley. property or money FOR MRS. WAGNfcR. Tremendously to-wi-t: Mrs. Thomas H. Lindsay was among Stabat Mater" those attending the production of the Conried Opera company Tuesday night in Salt taka I Joi-ep- t, CANNON-KIMBAL- Miss Olive Cannon became the bride last night of Paul Kimball, the wedding ceremony having been performed at the home of the bride's parents on street. Twenty-ttftMiss Cannon is the youngest daughter of Mr. and Mra. Cannon and one of Ogdens most popular young ladles She hae been an active worker In the Fifth ward of this city in various Latter-daSaints chumh rapacities Her marriage to Mr. Kimball will necessitate her removal to Salt Lake City to reside, and her excellent work will be missed by the ward authorities. Miss Cannon is popular in social circles. Mr. Kimball la a prominent young mining man of Salt take City, and is connected prominently with the Annie .Laurie mine at Kimberly, Utah. A er com-i'i.'iit- n DEBATE. Spring Suits, Waists, Skirts, Coats, Etc. AGAINST JOSEPH SMITH A BRILLIANT Ladies Nevlns 1 OK |