Omaha Daily Bee Newspaper, March 4, 1894, Page 3

i Py v A [N MORYON HISTORY RECALLED | on in the Uase Regarding Ownership of the " Templo Lot," VICTORY FOR THE REORGANIZED CHURCH Interesting Facts Concerning the Organiza- tion of the Church of I Together with Joe & tter Day KANSAS CITY, March 3. sacred plece of Mormon sofl In Independenc for which the Reorganized Church of Jesus Christ of Latter Day Saints and the Inde- pendence faction of the Mormon church have been fighting in the courts for four years, today was decided by Judge Phillips of the United States circult court to be the prop erty of the Reorganized church. The Inde- pendence faction of the Mormons i opinfon, enjoined from asserting title to the property, the cloud I8 removed and full possession allotted to the plaintiff. The suc cessful organization has its h.mum‘- Lamoni, Ta. Its following numb souls and its president is Joseph § son of prophet Joseph Smith, the founder of Mormonism, Besides settling the title to the prized ple lot, known among arden of Eden,” the opinion inci finds from the evidence that the rganized Church of the Latter Day aints s the real church which was founc in 1830 by )b Smith, and that the fac- tions of the Mormon church in Utah and in Independence are offshoots of the mother and have departed from the teach- s of the prophet Temple lot orig by the much ally consisted of sixty- i Temple lot, the | Mormons | ! title ground, b its | ually reduced until now a ‘block of property ‘300 fest square located on one of the highest emi- nences in Independence. It is surrounded by a barb-wire o and in the northeast rner {8 a small frame church, which is 1 by the Hedrickit The history of Temple lot dates back almost to the time of the inception of the Mormon faith, and is ated with the days when the saints were a power in Jack- son county. In 1832 it is claimed that an angel of the Lord aj d to Joseph Smith, the prophet, In a vision and told him that Jackson county was the site of the original Garden of Eden and that Temple lot was the ry spot where the fig grew from which our first parents obtained their ward- robe. Here. it was said, that on the last day when the earth is to crumble into glow- fng ashes and be swept away by the winds of the universe, the falthful Mormons were to cougregate and ascend to heaven from the magnificent temple ordained to be erected, The truth of this prophecy is denfed by some of the Mormons, who claim that the lut is simply a_sacred piece of soil destined for a site for a Mormon temple. JUDGE PHILLIPS' REVIEW. Judge Phillips reviews the various phases of the case from the time acres of land were purchased ¥ agent of the Mormon church for the purpose of erecting thercon a_temple the new Jerusalem. For sixty-two y adds, It has been known 2 . In the fullness of time and the fillment of the prophecy, was to be erecte a splendid for the gatliering of the believers for religious worship and exalta- He follows the case through it begianing with Bishop Partridge, who came to Independence in 1832 from Kirtland, O. to buy the land with $3,000 contributed by members of the church. He speaks of the persecution of Partridge and his flock in 1839, when they had (o flee from Caldwell 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 Templp lot. After the Killing of Joseph Smith atf Carthage, 1ll., in June, 1844, his violent death struck with dismay the hearts of his followers, and out of the confusion incident thereto was borne 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 Lamoni, Ia., an- other branch under Brigham Young, who claimed to have received through revela- tlon the leadership o' the Mormons, and a third, the Hedrickites, remained at Inde- penc In summing up Judge Phillips says: “In case of disorganization and factional di- vision of an ecclesinstical 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.’ “~=-tThe right of ownership abides with that faction, great or small, which is ‘in favor of the government of the church in opera- tlon with which it was connected at the time the trust was declared.’ The court will ad- Judge the property ‘to the 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 Caton in the case of Ferraria et al against Van Concellos et al, 31 Illinols, pages b4, 65, Is quoted where it is held “that where a church is erected for the use of a particular denomination or re- ligious persuasion a majority of the cannot abandon the tenets and doc the denomination and retain the right the use of the property, but such secession 18 to forfeit all rights to the property, even it but a single member THE OMAHA DAILY BEE: UNDAY, MARCH i, 3 faith and a4 There t r the pr en erecte i designed by who depart from ana doctrines cease forfolt ii claims to the title property.” JOSEPH SMITH'S FOLLOWERS, In 1852 the scattered fragments of the churel the remnants of those who held to the fortunes of the present Joseph Smith, son of the so-called martyr, gath- ored ' together a pucleus of the organizatic They took the name y nized Church of Jesus Christ " and avowed theie. al- the ton iclent dopted containing differ of phraseology essentials, Is but a reproduction of the church as it existed from 1830 to The claim of the respondent that the Nauvoo church practiced polygamy and there- fore was not following the tenets of Joseph 8mith is held to be irrelevant. The opinlon goes far into the teachings of Mormonism, analyzes the theories advanced by Jo ith, criticises his interpretation of nd I8, in fact, an exhaustive r monism from its fnception of respondents t a court of uity has no jurisdiction in th ase Is set side in the following words: “A court of equity has jurisdiction in this case. It be- longs to it to remove clouds from the title, the relief being granted on the principle of quia timet. It Is peculiarly its province in a to de- original and use of such termine the real benefiefar tate and to prevent its d “Decree will go in favor of complainant, establishing the trust in its favor again respondents, removing the cloud from the enjoining respondents from asserting title to the proj and awarding the pos- session to the complainant.” Incidental to the unmereifully scores church. He s “Among the quorum of twelve representing the apostles was one Brigham Young, a man of intellectual force, shrewd and a sive, If not audacious. 1t was an easy matter for him to seize the fallen reins, of the presidency. He led the greater portion of Mormons out to what w. known us ‘winter quarters’ near Omahe and then Lake valley in Utah this sett sprung the powerful known as the or Ut While t respondents (the Indey church) are wary of claiming alliance with this Salt Lake church, s is evidently ‘the power bel throne’ in the defense of this suit lero can be no question of the fact that Brigham You assumed presidency was a bold usurpation. Tne book of doctrine gave Joseph Smith authori to be presiding elder of the church Brigham Young was but president over the twelve traveling counsels. The book taught clearly that the succe should descend ly und go to the first bor, Joseph Smith so taught, a off, publicly proclaimed it head of the complaina ssor, and he also anointec decision Judge Phillips » Utah polygamous before his Young's assumption of the office was it- 4 self a_departure from the law of the churel adheres to the | | was arrested at the The book of Mormon severest anathema polygamy. Thi pronounced the against the crime of Hedrickites at Independence are called ecclesiastiacal nondescripts, re- pudiating polygamy, while looking to Salt Lake City for succor. They are described small band whose re of Temple lot and attempt to divert the trust involves the interposition of a court of equity.” The respondents will appeal. ol ON CHARGE OF GRAND LARCENY. | t Lake Attorney in the Toils Refuses to ell of His Troubles. James T. Fishleigh of Salt 1 Murray day for grand larceny. At 9 o' gram from Chief Pratt of the Mormon city was handed to Detectives Dunn and Dona hue with a description of Fishleigh. In less than thirty minutes the officers located the man wanted and had him locked up in the city prison. Fishleigh is an attorne: was considerably surpri t his arrest. He admitted that he in some trouble in Salt Lake, but he did not expect such a serfous turn of affairs. He declined to what his trouble was about and the po here are in the dark, as the tele stated that such a person was wanted for grand larceny. The Salt Lake of and an officer will | by profession and ials have been notified for Omaha at once. Southeastern > The tenth annual eastern Nebraska ssion of the South- Educational association 29 and 30, ing program has been pre- pared. Well known educators will be present from Nebraska and neighboring states. Presi- dent Gates of Towa college at Grinnell will deliy 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 be awarded to the two highest fn each class, dramatic, humorous and oratorical. Twelve minutes will be 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 be awarded to the county rolling the largest percentage of its teache Gage county not to compete except for hon: orable mention. Excursion rates, one and one-third fare for the round trip, have been secured. R Shriners at Lincoln, About a dozen of the nobles of Tangier temple, A. A. 0. N. M. §, accompanied by their ladies, visited Lincoln Tuesday to at- tend a work session of Sesostri's temple of | banquet in the evening tollowed by a The vis recel and the capital oity were cordially entertained - . - TENNIS CLUB OVIIRHAULING. royally Radieal Changes in th Organization ¥Yro- A Lady Membership. \ entire overhauling and Jf the Omaha Tennis club this scason. If present appearances are not be lied the city will havea rtronger organiza tion than it ever Had before, and one which leaves other cities in the state languishing in the rear Invitations have been sent out to some hundreds of persons in the city known to be interested in the game to attend the gen eral meeting of the club which is to be he hl at the Bachelors' Quarters, Tywentieth m streets, next Tuesd eve Itis hoped that there will y especially of se who nnected with the lection of officers business, such as the se- several pro likely to and other routine lection of and to play on, posals » hich are prove of considerable st. g It is the wish of th to em brace within the fold ail the players in the a number of little meet on private cour ties to one another. They have little chance of improviug their style or their skill and when, perchance, they enter for one of the locul tournaments, they find their opponents making use of strokes they never saw be- fore and which they know not how to deal with, Let them all join forces together for mutual ben. [t i only by as well as constant improvement i There is no for pr slubs or gather- ings broken up, mdeed this is_ not i but considerations of self-benefitas wellus all fnstinctsof patriot- ism and loyalty to city and state should in- duce everyone with any knowledze of the bunds of players who and show their abili need game and any desire toimprove at it to ally himself with others of his own kind in the pay the small subscription to the sup- port of the club and be present occasionally, if not frequently, on the club grounds for 4 gainst a1l styles and weights. is whispered tnat the pronosal ma made. although this is a suggestion which will neéd ver, tion before admit lady members. is a decided innovation, but one which would undoubtediy have m vantuges claimed. perhaps with n, by those imagine themselyes as counoisseurs i matters that the fellows will attend frequently if the girls me too. Hith maidenly shyness has asserted itself to such an extent that it h been dificult to induce any of the fair sex _cven to play in such a public place as the Harney street courts oven by special invitation. ~But this isa difficulty which will no doubt be easily overcome, and if the club decides to make the change that is proposed we may expect to see a prize olfclml at the next ‘('lvl.\ tourna- ment for a ladies’ mpetition. The Omaha Cricket club met at the Barker hotel last evening and started the arrange- ments for the coming season's work. Presi- dent Lawrie stated it would require about $50 worth of new material, and in case the club decided to sod the grounds this would entail an additional expense of about $150. 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 the presi- dent stated that the prospects for the com- ason were brighter than they had ever before. ommunication was read from Kearney ard to a match. The next social will be held on Friday evening, March ¥. H. Marshall was elected club captain for the ensuing y 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 the ground at the time of open- ing the game. - A New Way of ('ln'lllg a Cold. A Des Moines 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 tea- 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 fike manner, with the same good results, and js much elated over her discovery of 50 quick a way of curing a cold. For sale by druggists. Cudahy’s Real Estate Purchase. BE. 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,ithe consideration being $20,000. Mr. Cudahy intends, as soon as the wi will permiit, to commence the thereon of a fine residence, which will cost completed, in the neighborhood of The lot in question is lot 1, block t Omaha, and is 187x16: and ely north of the Ca ary states that sevi sons are negotlating for property in the same neighborhood, and if the deals go through all of them will result in the erec- tion of fine residences. $60,000. et G A Remarkable Cure of Chronic Diarrhoen The experience of George A. Apgar of Ger- man Valley, N. J., is well worth remember- ing. He was troubled with chronic diar- rhoea and doctered for five months, and was treated by four different doctors without benefit. He then Chamber- lain’s Colic, Cholera a vea remedy, of which one small bottle effected a com- plete cure. For sale by drugglsts, ALl KINDS OF VEHICLES 50c on the Dollar. After March 6th, I will have on exhibition (for a short time only) at 1213 Farnam street, Omaha, a full line of fine Carriages Landaus, Victorias, Park and Canopy Rigs, Buggies, Buckboards, all kinds of business and and delivery wagons, which I will close out at d0e on the Dollar. A Full Lineand Everything First Class. Come I)IC(\SLIFC wagons, , Coupes, P h;lctons, Carts, drays, milk and see, and be convinced that you can buy anything you want at half price, at 1213 Farnam str W, eat, Omaha, Neb. Mumaugh. m 189 1--TWENTY Kelley, Stiger & Co. Farnam and 135th. First Arrival--- 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 §1.00, 70c. Best grade Figured India Sik, best and latest styles, 24 inches wide, $1.00. Super quality Figured India Silk, 22 inches wide, 75¢. Extra grade B'ack Moire Francaise, $1.65 qual- ity, for $1.4:5. Superior quality Moire Antique Black, $2.25 grade, for $2.00. Genuine Habutai Wash Silks, only 50¢. inch Superfine regular See our new French styles in 2 Japanese Silk at $1,00. Black French Serge, 46 inches wide, sells at $1.00 usually, 75¢. Black, extra quality Henrietta, 46 inches, 85¢. Black Storm Serge, $1.25 quality, $1.00. Scotch all wool Checks and Cloth Effects, 45¢ so-inch Tailor Suitings, handsome and sty!ish, bought to sell at $1.60, $1.25. See our stylish and serviceable 46-inch Mix- tures at $1.00 French Challis now in; from over 100 styles, 6OC New Wash Goods Pongee, 3o inches wide, 20c quality, at 124ge. Swiss ‘Mulls, 30 grades, at 12%e, Striped Swiss and Dimities, quality, at 15¢. Nainsooks, plain, striped and checked, from 7¢ up to 30¢. A full line of fine dotted Swiss at popular prices. Nevz Linens EBte. On Monday we offer especial bargains in our Linen Department. Unbleached Damask, 60 inches wide, 6oc and 65c grades, at 48¢ Turkey Red Damask, 6o inches widz, 65c grades, at 48¢ Bed Spreads, large size, formerly $1.50, at $1.20 Napkins, 5-8 bleached, $1.50 grade at $1.20 ‘Crash, heavy weight, twilled, bleached linen Crash at 11¢. Towels---An odd lot of large sized huck towels, 30c quality, 21¢ 50 inches wide, regular make early selections nice fast colorings inches wide, 20c and 25c 30 inches, 25c 6oc and 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. in Jet Edge and Band Pa:samenteries, 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’ (,1pw s inches long, with three ruffles of ribbon, either 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 Ladies’ Jackets, 24 inches long, new 3-button reefer style, made of English Covert Cloth, price $10 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 t $25. Kelley, Stiger & Co. Ten Years o Your Lie! SPECIAL : NOTICK. We have dividing into 5 and 10-acre tracts the bought and are now celebrated Columbus McDonnell Farm On Mill Plain, four miles east r, Clark County, 400 of Fort Vancouve Washington, of the Finest Fruit Land on Earth. As to the superior loveliness comprising acres and charm of this spot,ask any army offi- cer who was ecver stationed at Ifort Vancouver. It lies just where the famous drive through the forestcomes 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. Helens, or sweep many a mile of the beauti- ful valley where “Rolls the Oregon,” the grandest river on the Continent. We scek 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 Thousand Dollars a Year. Sce 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 casy payments, or if for any rea- son you want your money. For terms sece the Open Door to the Oregon Country, As may fairly style our Home Guarantee Contracts. Send for it. Address D. H, STEARNS, OMAHA. Photographic Omaha Office, Room 101 Bee Build- ing. STEARNS FRUIT LAND COMPANY Cor. 4th and Stark Streets, Portland, Oregon. we Views at our