THE OMAHA DAILY 1JEE : SUNDAY , MAlini ITWENTY I
MORMON HISTORY RECALLED
Decision In the Oaso Regarding Ownership of
the "Templolpt , "
j i
VICTORY FOR THE REORGANIZED CHURCH
r\
Intrrpitlnpr I'nctn Cnncrrnlng Jlir Orgnnlra-
tlon of the Church of I.nttrr Iny Scilnts ,
Together with JIIP fmllh'n 1'roplicoy
nnil llrlgliniii VOIIIIK'I
KANSAS CITV , March 3. Temple lot , Iho
eacreil plcco of Mormon Roll In Independence ,
for wlilch the Reorganized Church of Jesus
Christ of Latter Day Saints and the Inde
1 pendence /action of the Mormon church have
been IlRhtlng In the courts for four yearn ,
today was decided by Judge 1'hllllps of the
United States circuit court to be the prop
erty of the Reorganized church. The Inde
pendence faction of the Mormons Is , by the
opinion , enjoined from asserting title to the
propurty , the cloud' Is removed and full
possession allotted to the plaintiff. The suc
cessful organization has Its headquarters at
Li.imoiil , In. Its following numbers 25,000
souls and Its president Is Joseph Smith , Jr. ,
son of prophet Joseph Smith , the founder of
Mormon Ism.
Ilcsldcs settling the title to the much
prized temple lot , known among Mormons
ns the "Garden of Eden , " the opinion IncIdentally -
dentally Muds from the evidence that the
Itcorganlzed Church of the Latter Day
Saints Is the real church which was founded
In 1830 by Joseph Smith , and that the fac
tions of the Mormon church In Utah and In
Independence are offshoots of the mother
church and Imvu departed from the teach
ings of the prophet.
Temple lot originally consisted of slxty-
three ncrcrt of ground , but Its
area has been gradually reduced until now
It comprises n block of property 300 feet
fuiuarc located on otio of the highest emi
nences In Independence. It Is surrounded
by a barb-wire fence and In the northeast
corner Is a small fraino church , which Is
used by the Ilcdrlekltcs.
The history of Temple lot dates back
nlniost to the time of the Inception of thu
Mormon faith , anil Is associated with the
days when the saints wore a power In Jack-
Eon county. In 1832 It Is claimed that an
angel of the * Lord appeared to Joseph Smith ,
the prophet , In a vision and told him that
Jackson county was the site of tfio original
Garden of Kden and that Temple lot was the
very spot where the fig tree grew from
which our first parents obtained their ward-
robo. Here. It was said , that on the last
lay when the earth Is to crumble Into glowIng -
Ing ashes and bo swept away by the winds
of the universe , the faithful Mormons were
to congregate and ascend to heaven from
the magnificent temple ordained to be
erected. The truth of this prophecy Is
tlenlod by some of the Mormons , who claim
that the lot Is simply a sacred piece of soil
destined for a slto for a Mormon temple.
JUDGE PHILLIPS' IU3VIBW.
Judco Phillips reviews the various phases
of the case from the time the sixty-three
ncrcs of land were purchased In 1830 by an
agent of the Mormon church for the purpose
of erecting thereon a temple designed to bo
the new Jerusalem. For sixty-two years , he
ndds. It has been known as "Temple lot , " on
which , In the fullness of time and the ful
fillment of the prophecy , was to bo erected
n splendid temple for the gathering of the
believers for religious worship ami exalta
tion. He follows the case through Its many
ramifications and the position of each party
through whoso hands the property passed ,
beginning with Bishop Partridge , who came
to Independence In 1832 from JCIrtland , 0. ,
to buy the land with $3,000 contributed by
members of the church.
Ho speaks of the persecution of Partridge
and his flock In 1839 , when they hail to flee
from Caldwcll county , Missouri , because of
military persecution. The deeds , receipts
and other papers relating to the case are
quoted from at length to show that the
church of which Joseph Smith was the
head was the true church , and was the
owner of the Temple lot. After the killing
of Joseph Smith at/Carthage , III. , In June ,
1844 , his violent death struck with dismay
the hearts of his followers , and out of the
confusion Incident thereto was berne the
disorders , schisms and ambition for leader
ship. Disintegration set In and the church
split Into factions , and under the lead of
different heads scattered to various parts of
the country. The true church , under Joseph
Smith , was established at Lamonl , la. , an
other branch under Drlgham Young , who
claimed to have mrclved through revela
tion the leadership o' the Mormons , and a
third , the Hedrlckltes , remained at Iiule- "
pendenco.
In summing up Judge Phillips says : "In
case of disorganization and factional di
vision of an ecclesiastical body the settled
rule of the civil courts Is that 'the title to
church property Is In that part which Is
acting In harmony with Its own laws and
the ecclesiastical laws and usages , customs
and principles which were accepted among
them before the dispute began and the
standards for determining which party is In
the right. '
- -"The right of ownership abides with that
faction , great or small , which Is 'In favor
of the government of the church In opera
tion with which It was connected at the time
the trust was declared. ' The court will adJudge -
Judge the properly 'to tbo members , however
few In number they may be , who adhere
to the form of church government or ac
knowledge the church connection for which
the property was acquired. ' "
The decision of Justice Cnton In the case
of Kcrrarla et al against Van Concelloa et al ,
31 Illinois , pages 61 , D5 , Is quoted whore It
Is held "that where n church Is erected for
the use of a particular denomination or re
ligious persuasion a majority of the members
cannot abandon the tenets and doctrines of
the denomination and retain the right to
the use of the property , but such secession
Is to forfeit all rights to the property , oven
If but a single member adheres to the
original faith nnd doctrlno of the church.
Those who adhere to the original tenets and
doctrines , for the promulgation of which a
church has been erected , are the sole bonp.
flclarlrs designed by the donor , nnd those
who depart from and abandon those tcncti
aim doctrines cease to bo beneficiaries and
forfeit Ali claims to the title anil use of such
properly. "
JOSEPH SMITH'S FOLLOWERS.
In 1852 the scattered fragments of the
church , the remnants of those who held to
the fortunes of the present Joseph
Smith , son of the so-called martyr , gath
ered together a nucleus of the
organization. They took ( ho name
of "Tho Ilcorganlzed Church of Jesus Christ
of Latter Day Saints , " and avowed their al-
legtanco to the teachings of the ancient
church , and their epitome and faith adopted ,
while containing differences of phraseology
In Its essentials , Is but A reproduction of
that of the church as It existed from 1830 to
IS It. The claim of the respondent that the
Nauvoo church practiced polygamy and there
fore was not following the tcnctu of Joseph
Smith Is held to be Irrelevant. The opinion
goes far Into the teachings of Mormonlsin ,
and analyzes the theories advanced by Jo
seph .Smith , criticises his Interpretation of
Ihu bible and Is , In facl , an exhaustive re
view of Mormonlsin from Us Inception.
The claim of respondents that a court of
equity has no Jurisdiction In the case Is set
aside In the following words : "A court of
equity has Jurisdiction In this case. II be
longs lo It to remove clouds from the title ,
the relief being granted on the principle of
intla tlniet. It Is peculiarly Its province In a
'
case Ilka this , to vindicate the trust' , lo de-
term'lno the real beneficiaries of the Irust cs-
tate and to prevent Its diversion.
"Decree will go In favor of complainant ,
establishing the trust In Its favor against
respondents , removing the cloud from the
tills , enjoining respondents front asserting
title to the properly and awarding Hie pos-
besslon to the complainant. " ,
Incidental to the decision Judge Phillips
unmercifully scores the Utah polygamous
churchHo says : "Among the quorum of
twelve representing the apostles was one
Hrlgham Young , a man of Intellectual force ,
shrewd and aggressive. If not audacious. It
was an easy matter for him lo seize" the
fallen reins , of the presidency. He led Die
greater portion of Mormons out to what was
known as 'winter quarters , ' near Omaha ,
and thence to Salt Lake valley In Utah.
From this settlement sprung Hie powerful
ecclesiastical association known as the
Salt Lake or Utah church. While the
respondents ( the Independence church ) are
wary of claiming alliance with tlls ) Salt Lake
chtii'ch. In.ls evidently'Ihe power behind the
throne' In the defense of this suit.
"Tht-ro can ho no question of the fnct
that llrlgham Young's assumed presidency
was a bold usurpation. Tne book of
doctrlno gave Joseph Smith authority
to be presiding elder of the church nnd
OrlRliam Young was but president over the
twelve traveling counsels. The book taught
clearly that the succession should descend
lineally and go to the first born.
"Joseph Sniltli so taught , and , before his
taking off , publicly proclaimed his son ,
Joseph , the present head of the complainant
church , his successor , and he also anointed
him.
him."Young's assumption of the office was It
self a departure from the law of Ihe church.
The book of Mormon pronounced the
severest anathema against the crime of
polygamy. The Hedrlckltes at Independence
arc called ecclcsiastlacal nondescripts , re
pudiating polygamy , while looking to Salt
Lake City for succor. They are described
as a small band whoso seizure of Temple lot
and-attempt to divert the Irust Involves the
Interposition of a court of equity. "
The respondents will appeal.
o
ON CHARGE OF GRAND LARCENY.
Salt l.nlic Attorney hi the Toll * Itcfusrs to
Trll i > f UN Troubles.
James T. Fishlelgh of Salt Lake , U. T. ,
was arrested at the Murray hotel yester
day for grand larceny. At 0 o'clock n tele
gram from Chief Pratt of the Mormon city
was handed tp Detectives Dunn and Dona
hue with a description of Fishlelgh. In less
than thirty minutes the olllcers located the
man wanted and had him locked up In the
city prison.
Fishlelgh Is an attorney by profession and
was considerably surprised at his arrest. He
admitted that he had been In some trouble
In Salt Lake , but he did not expect such a
serious turn of affairs. He declined to say"
what his trouble was about and the police
here are In the dark , as the telegram only
stated that such a person was wanted for
grand larceny.
The Salt Lake officials have been notllled
and an olllcer will start for Omaha at once.
Southeastern Nrlmiskn Tc-iit'lirrH.
The tenth annual session of the South
eastern Nebraska Educational association
will bo held at Beatrice March 28 , 29 and 30 ,
and a most Interesting program lias been pre
pared. Well known educators will be present
from Nebraska and neighboring states. Presi
dent Gates of Iowa college at Grlnnell will
deliver an address Wednesday , All who en
roll as members of the Educational associa
tion will receive tickets free of charge for
the oratorical contest Thursday evening.
This Is the second annual meeting of the
Southeastern Nebraska High School Orator
ical association. The leading high schools of
eastern Nebraska will be represented and
the contest promises to be a very close and
exciting one. First and second gold medals
will bo awarded to the two highest In each
class , dramatic , humorous and oratorical.
Twelve minutes will bo given each paper ,
six minutes to each one named on the pro
gram for discussion and three min
utes to each one who takes part
in the general discussion. A $30
banner will bo awarded lo Iho county en
rolling the largest percentage of Its teachers ,
Gage county not to compete except for hon
orable mention.
Excursion rates , one and one-third fare
for the round trip , have been , becurcd.
Shrlnorg lit Lincoln.
About a dozen of the nobles of Tangier
temple , A. A. O. N. M. S. , accompanied by
their ladles , visited Lincoln Tuesday to at
tend a work session of Sesostrl's temple of
the capital city , followed by a "ladles night"
banquet In the evening , The visiting nobles
wore cor Daily received and most royally
entertained.
_ _
TENNI6 CLUB O V11RHAULING.
Itadlcnl t'lmngr * In thn Orgitnlrntlon 1'ro-
jmioil A l.udy Mumlxrnhlp.
There Is to bo nn ctitlro overhauling nnd
rcnovatliiR of the Omaha Tennis club this
season. If present appearances arc not bo
iled the city will Irnvo a r'rotiRor organiza
tion tlmn It over Had before , and ono which
loaves other cities In the stnto languishing
In the rear.
Invitations lisvo been sent out to some
hundreds of persons In the city known to bo
Interested In the iramo to attend the gen
eral mcrtlng of the club which Is to bo hem
nt thu Uauhelors1 Quarters , Twentieth ami
Farnam streets , next Tuesday oVcnliiK ,
March 0. It la hoped that there will bo a
largo nt tendance , especially of these who
havonot hitherto been connected with the
club. In addition to the election of olllcers
and other routine business , such as the se
lection of a ground to play on , several proposals -
posals arc to como up which are likely to
prove of considerable Interest.
It is the wish of thq club cotcrlo to cm-
brace within the folds of that organization
all the players In the city. There are qulto
a number of little bands of players who
meet on private courts and show their abili
ties to one another. They have little chance
of Improving their st.vle or their skill and
when , perchance , they enter for ono of the
local tournaments , they tind their opponents
making use of strokes they never saw be
fore and which they know not how to deal
with , Lot them all Join forces tosethcr for
mutual benefit. It Is only by varied as well
as constant practice that any Improvement
In the game can bo acquired. Thcro Is no
need for the private clubs or gather
ings to bo broken up , indeed this
Is not desired , but considerations of
self-benefit ns well us all instincts of patriotism -
ism and loyalty to rlty and state should in
duce ovcrvono with any kiiowlodao of the
game and any desire to improve at it to ally
himself with others of his own kind in the
city , pay the small subscription to the sup
port of the club and be present occasionally ,
if not frequently , on the club grounds for
practice against all styles and weights.
It is whispered tnat the proposal may be
made , although this is a suggestion which
will need very careful consideration before
being acted on , to admit lady members. 1 his
Is a decided innovation , but ono wiilch would
undoubtedlj have many advantages. It is
claimed , perhaps with reason , by these who
Imagine themselves ns connoisseurs in such
matters that the fellows will attend more
frequently Ifthojjlrlscancoinotoo. Hltlirrto
maidenly shyness has asserted Itself to such
an extent that it has been diftlcult to induce
any of the fair sex oven to play in such a
public place ns the Harncy street courts
oven by special invitation. Uut this is a
dlfllculty which will no doubt bo easily
overcome , and if the club decides to make
the change that. Is proposed wo may expect
to see a prize offered at the next city tourna
ment for a ladies' singles competition.
Crlckrteni Milking Itcnily.
The Omaha Cricket club met at the Barker
hotel last evening and started the arrange
ments for the coming season's work. Presi
dent Lawrle staled It would require about $30
worth of new material , and In case Ihe club
decided to sod the grounds this would entail
an additional expense of about $160. The
question of purchasing new material was left
with the executive committee and that of
sodding the ground was left to be decided In
the future.
Six members were received and Ihe presi
dent stated that the prospects for the coinIng -
Ing season were brighter than they had ever
been before.
A communication was read from Kearney
In regard to a match. The next social will
be held on Friday evening. March 2ft.
F. H. Marshall was elected club captain
for the ensuing year.
Mr. Kemp offered a cup of the value of $20
for the member who made the best batting
average during the year.
An amendment to the by-laws was adopted
providing that non-members could only be
chosen to play when there were not enough
members on Ihe ground at the time of open
ing the game. v
A Now AViiy of Curing a Cold.
A DCS Molnes woman who had been
troubled with frequent colds concluded to
try an old remedy In a new way , and ac
cordingly took a tablespoonful ( four times
the usual dose ) of Chamberlain's Cough rem
edy Just before going to bed. The next
morning she found that her cold had almost
entirely disappeared. During the day she
took a few doses of the remedy ( one teaspoonful -
spoonful at a time ) and at night again took
a tablespoonful before going to bed , and on
the following morning awoke free from
all symptoms of the cold. Since then she
has , on several occasions , used this remedy
In like manner , with the same good results ,
and Is much elated over her discovery of
so quick a way of curing a cold. For sale
by druggists.
Ural ICstiitii I'lirclinxr.
E. A. Cudahy , the South Omaha packer ,
has Just closed a deal through W. H. Crary
for what Is known as the Towle acre , In
West Omaha.itho consideration being $20,000.
Mr. Cudahy Intends , as soon as the weather
will permit , to commence the erection
thorcon of a fine residence , which will cost
when completed , In the neighborhood of
$60,000. The lot In question Is lot 1 , block
2 , West Omaha , and Is 187x165 feet , and lies
Immediately north of Ihe Carler residence.
Mr. Crary stales that several other per
sons are negollatlng for property In the
same neighborhood , nnd If the deals go
through all of them will result In the erec
tion of fine residences.
A Kcnmrlmhlu Cure of Chronic Dliirrhopa
The experience of George A. Apgur of Ger
man Valley , N. J. , Is well worth remember
ing. Ho was troubled with chronic diar
rhoea and doctercd for five months , and was
treated by four different doctors without
benefit. He then began using Chamber
lain's Colic , Cholera and Diarrhoea remedy ,
of which ono small bottle effected a com
plete euro. For sale by druggists.
E3
After March 6th , Lwill have on exhibition ( for a short time only )
at 1213Farnam' street , Omaha , a full line of fine Carriages , Coupes ,
Landaus , Victorias , Park and Canopy Rigs , Buggies , Phaetons , Carts ,
Buckboards , all kinds of business and pleasure wagons , drays , milk
and delivery wagons , which I will close out at
Come and see , and.be convinced that you can buy anything you
want at half price , at 1213 Farnam street , Omaha , Neb.
. MumauQh. .
. Stiger & Co.
/ & &
, , Farnam anc1 i5th.
1ml.
First Arrival
11 ; n
1..I . ,
'
-1 -
New Spring Dress Goods
New Spring Linens
New Spring Laces
New Spring Jackets and Capes
Black Japanese Silk , 28 inches wide , sold usu
ally at si.oo , 70C.
Best grade Figured India Si'.k , best and latest
styles , 24 inches wide , $1.00.
Super quality Figured India Silk , 22 inches
wide , 75C.
Extra grade B'ack Moire Francaise , $1.65 qual
ity , for $1/45.
Superior quality Moire Antique Black , regular
$2.25 grade , for $2.00.
Genuine Habutai Wash Silks , only 50C.
See our new French styles in 28-inch Superfine
Japanese Silk at $1.OO.
" Black French Serge , 46 inches "wide , sells at
$1.00 usually , 75C.
Black , extra quality Henrietta , 46 inches , 85C.
Black Storm Serge , 50 inches wide , regular
$1.25 quality , $1.00.
Scotch all wool Checks and Cloth Effects , 45c
5O-inch Tailor Suitings , handsome and stylish ,
bought to sell at $1.60 , $1.25.
See. our stylish and serviceable 46-inch Mix
tures at $1.OO
French Challis now in ; make early selections
from ovrpr'ioo styles , 6OC
i '
New Was/i Goods
Pongee , 30 inches wide , nice fast colorings
aoc quality , at 12 0.
Swiss ; Mulls , 30 inches wide , 2oc and 250
grades , 'at'12j C.
Striped Swiss and Dimities , 30 inches , 250
quality/ . 15c.
Nainsooks , plain , striped and checked , from 70
up to 3OC.
A full line of fine dotted Swiss at popular
prices.
New -Zvinens , Itc.
On Monday we offer especial bargains in our
Linen Department.
Unbleached Damask , 60 inches wide , 6oc and
grades , at 48C
Turkey Red Damask , 60 inches wide , 6oc and
grades , at 48c
Bed Spreads , large size , formerly $1.50 , at
$1.20
Napkins , 5-8 bleached , $1.50 grade at $1.2O
1 Crash , heavy weight , twilled , bleached linen
Crash at lie.
Towels An odd lot of large sized huck towels ,
3oc quality , 21c
JUST RECEIVED CHOICE NOVELTIES IN
New Laces ,
New Lace Insertion.Bands ,
New ( Lace Effect ) Embroideries ,
New Veilings ,
On sale Monday at our usual low prices.
Novelties in Jet Edge and Band Paisamenteries.
SPRING JACKETS
SPRING CAPES
SPRING MACKINTOSHES
SPRING WAISTS
We call specialatte n tion to our line of Ladies
Jackets and Capes , all new shapes and styles.
Ladies' Capes made of fine diagonal cloth , new
shape , 'trimmed with braid and folding collar ;
price , $7 ; 00
Ladies' Capes , 25 inches long , with three ruffles
of ribbprl , ' , cither silk or satin , very handsome ,
only $11.00
Ladies' Jackets , in dark tan cloth , made with
full back'and large lapel front pearl buttons ; price ,
$1.00 r ;
Ladies ! Jackets , 24 inches long , new 3-button
reefer style , made of English Covert Cloth , price
$1O 00
We also call special attention to our line of
Ladies Black Jackets , made of undressed worsted
and diagonal cloths , at $7 , $10 , $13 and up
ot $25.
$25.Jtor
Ten Years to Your Lite !
R
D
We have bought and arc now
dividing into 5 and 10-acre tracts the
celebrated *
Columbus McDonnell Farm
On Mill Plain , four miles east
of Fort Vancouver , Clark County ,
Washington , comprising 400 acres
of the
Finest Fruit Land on Earth. -
As to the superior loveliness and
charm of this spot , ask any army offi
cer who was ever stationed at Fort
Vancouver. It lies just where the
famous drive through the forest comes
out on to the plain and the grand
view of the snow-clad Cascades
. Range bursts into view.
- Society on these Clark County
fruit farms is of the best in the world.
Scores of retired army officers are
locating 'there to prolong and enjoy
their sunset of life amid scenes of en
chanting beauty and grandeur , where
the eye may rest upon flowering lawn ,
roam toward the eternal peaks of
Mts. Hood , Adams and St. Plelens ,
or sweep many a mile of the beauti
ful valley where "Rolls the Oregon , "
the grandest river on the Continent.
We seek the best people.
10 Acres of this Land
When we deliver it to you will
not only be a most beautiful home ,
but will give you an income of
%
Three w Thousand Dollars .a Year. ,
See in.this the basis of our guar
antee to give you all your money
back with seven per cent interest after
two years if death or reverses make
it impossible for you to go on with
the easy payments , or if for any rea
son you want your money.
For terms see the
v
Open Door to the Oregon Country ,
As we may fairly style our
Home Guarantee Contracts. Send
for it. Address D. H. STEARNS ,
OMAHA.
Photographic Views at our
Omaha Office , Room 101 Bee Build
ing.
mm FRUIT
.Cor. 4th and Stark Streets ,
Portland , Oregon.