Salt, Smurthwaite, and Smith: The Origins of the Modern Legal Identity of the Church of Jesus Christ of Latter-day Saints

In 2019 there existed a legal entity known as The Church of Jesus Christ Latter-day Saints.1 This fact will likely strike most readers unexceptional. More interesting, however, prior to had been no such the Saints for over 150 years, last that name having disincorporated in 1862. Even more strangely, although were millions people around globe who identified themselves Saints, only member was Russell M. Nelson. somewhat surprising state affairs is result how efforts disestablish established colonial churches wake American Revolution created body corporate law United States with distinctly Protestant inflection; and its hierarchical emphasis on prophetic authority massive ecclesiastical ambitions, became entangled within ultimately resisted law. It may also have bitter dispute salt, now long forgotten but famous at time, between Joseph F. Smith, president church from 1901 1918, Charles Smurthwaite, Utah entrepreneur.2Beginning 1830, struggled define nature personality. During lifetime Smith it attempted formally incorporate under laws two states. No jurisdiction provided form meshed harmoniously structure government church, contributing chaos marked time Smith's murder. took advantage comparative independence early territorial way allowed pursue this soon drew ire Congress. late 1880s, federal government's crusade against polygamy reached height, key battleground. aftermath those battles, chose eschew any centralized affairs, despite hierarchal ecclesiology. Unresolved questions came head when controversies post-Manifesto business enterprises boiled into litigation during administration. an excommunicated Mormon businessman, Don Carlos Musser, scion prominent Saint family, sued use tithing funds. case national media attention, pitted talented members Bar—church general counsel Franklin S. Richards former Supreme Court justice Zane—against one another. Ultimately prevailed, vividly illustrated precarious church's ambigious contributed creation continues legally embody today.The born system defined by legacy America's first disestablishment. 1774, nine thirteen colonies churches, all which abandoned end 1830s. New York tried organize his new 1830 than century conflict status York's church.3 colony Amsterdam founded Dutch West India Company 1625. While nominally committed Reformed Church, company consistently subordinated Calvinist orthodoxy commercial expediency adopting tolerant stance toward religion. After English takeover 1664, royal officials sought create Anglican granting special benefits England incorporating Trinity City, wealthiest important congregation colony. By Revolution, widely hated, dissenting sects continued whether Anglicanism church.4 state's revolutionary constitution 1777 “the free exercise enjoyment religious profession worship, without discrimination or preference, shall forever hereafter be State mankind.”5 constitutional convention published statement stating “all . statutes acts construed establish maintain particular denomination Christians their ministers they are, abrogated rejected.”6 Shortly after parishioner Alexander Hamilton fought off effort disincorporate Trinity, approach taken disestablishment Virginia.7 1784, legislature responded abrogating provisions previously granted charters giving taxing authority.8 Prior corporations formed some act legislature, radical step allowing society legislative action merely electing trustees filing papers local court.9 1784 descendants basic framework 1830.New model many states expanding republic, including Ohio Illinois, where relocated.10 At heart regime three core assumptions.11 consisted aggregation individual members. A corporation not independent institution providing services instruction congregants. Rather, representation congregants themselves. second assumption flowed first: control reside laity rather clergy. mid-nineteenth century, produced series conflicts Catholic bishops side, insisted right parish property choose priests, dissident other, eager power conferred them own parishes.12 third amount could hold must sharply limited. These so-called “mortmain” origins Tudor Reformation mechanism crown seized property.13 States, reflected congregational assumptions about hostility concentration economic hands.For history move Utah, unincorprated society. very failed comply formalities required Missouri prohibited corporations, seems made opposed various church-related entities Ohio.14 changed Nauvoo. borrowed large sums money credit purchase land build city.15 However, because lacked existence, meant these debts ambiguous. Matters Nauvoo-based steamboat sank.16 guaranteed loan promoters used finance sank, liable guarantee. 1842, Congress passed recurrent nineteenth-century bankruptcy laws, take while force.17 statute personal assets available creditors condition discharge, order preserve he Illinois transfer bankruptcy. An 1839 law, limited owning forty acres “for purpose camp-meeting ground.”18 Thus, murder, hopelessly complicated, disputes Brigham Young, representative Emma residual claimant estate.19In 1851, Deseret solve problems charter. eliminated issues bedeviled previous decades.20 gave unlimited ability did break completely time. conceptualized expression contemplated ultimate lay control. officers post bonds, “said trustee assistant continue office pleasure said church.” same unique. “solemnize marriages compatible revelations Christ,” sly recognition plural marriages.21 went provide govern itself using language envisioned broad competence jurisdiction: Said possess authority, itself, originate, make, pass, rules, regulations, ordinances, customs, criterions, good order, safety, government, conveniences, comfort, punishment forgiveness offenses, relative fellowship, according covenants: pursuit bliss, life, every capacity public association, domestic happiness; temporal expansion; spiritual increase upon earth, questioned: provided, each act, practice so established, adopted custom, relate solemnities, sacraments, ceremonies, consecrations, endowments, tithings, marriages, duties man Maker, inasmuch doctrines, principles, performances, support virtue, morality are inconsistent with, repugnant to, Constitution State, Lord.22After organized Territory, defunct Deseret, thus law.23By 1860, Republican party—founded rid territories “twin relics barbarism” (slavery polygamy)—was power, 1862 Morrill Anti-Bigamy Act repealed limit holdings $50,000.24 Act, remained dead letter decade, meaning once again uncertain. Young holding “trustee trust” (a neologism invented Nauvoo part untangle affairs).25 What titled Young's name, held behalf church. precise holding, clear common trust—in would “bare title” “equitable whole—or if owned outright Young.26 Unsurprising, death 1877 another heirs place courts.27Successive presidents personally trust. Richards, counsel, foreseeing pass escheat property, urged stake ward John Taylor trust shield confiscation.28 difficult persuade other leaders, done 1884. 1878 consisting “persons associated together religious, social, scientific, benevolent purposes”29 property. “[N]o corporation,” read, “must real estate necessary objects association.”30 resulting cumbersome, requiring multiple authoring elaborate bylaws. strategy paid solicitor ruled subject Edmunds-Tucker 1887.31 did, allow receiver confiscate including, briefly, Salt Lake Temple. constitutionality upheld U.S. 1890, Wilford Woodruff issued Manifesto, stated longer perform marriages.32 response, Zane, chief Territorial Court, administering case, should returned advance legal, nonpolygamous goals church.33Utah 1896 incorporation societies.34 avail Most meetinghouses corporations. remainder become heavily involved life Intermountain West, due cooperative movement 1870s.35 statehood, Orders largely ceased function, businesses spawned church-owned enterprises. addition, invested variety Union Pacific Railroad salt industry fostering growth diversified economy. With arrival dreams autarky increasingly run along lines mainstream capitalism. matters stood 1904 helped spur transformation personality.Charles Smurthwaite age nineteen, joined Manchester emigrated settling Ogden.36 Although never served mission ordained seventy active church-sponsored People's Party 1890s.37 His estrangement begun supported apostle Moses Thatcher political campaign subsequent battle leaders.38 still when, association Richard J. Taylor, son deceased purchased controlling shares Beck began investing expand operations.39 Sometime later, then contacted through Ogden capitalist David Eccles.40 meeting First Presidency Henry associate learned controlled Inland Crystal Company, Company's competitor. Indeed, via merger competitor 1898, de facto monopoly manufacture Utah.41 said, “I am surprised your experience go opposition us coming consult us. hour set you brethren matter come it.”42 suggested associates wished invest might able continued, “We ruin you” cut prices face increased competition.43 since Company—due efficient capital investments—was capable undercutting smaller, less producers Company.44 allegedly “salt trust,” engage unprofitable price cutting driving competitors out business.45The interview final straw Smurthwaite's mounting crisis. Two years earlier, Reed Smoot fill seats Senate. choice furor protest, Senate Committee Privileges Elections launched wide-ranging investigation Utah.46 called testify before Senate, admitted cohabitating wives Manifesto 1890. For conduct violated unlawful cohabitation sexually immoral, violation what regarded understanding marriage. He informed bishop thought “a bad man” prophet God. publish lengthy Tribune denounced forms polygamy, demanded meetings thrown open debate questions, retire affairs.47 wrote: demand tithes accounted detail, beginning next April conference, twice year forward conferences; list leaders acquired [sic] president, read semiannually conference.”48 “block teacher” preferred charge him “apostasy unchristianlike conduct” March 1905.49Smurthwaite's trial big news. Each stage proceedings bishop's court high council reported press.50 raised stakes preferring Hyrum Goddard, block teacher him. Goddard polygamist cohabitate wives, asked investigate “unchristianlike conduct.”51 4, 1905.52While arisen entirely level response Tribune, press reports presented vindictive plot instigated rival.53 legislators politicians discussed case.54 compared Book Abinadi standing wicked King Noah person Smith,55 Godwin's Weekly hinted ominously require return hardball 1880s: [I]t remembered arguments, nor prosecutions old days least effect until bill disenfranchise whole organization introduced That brought manifesto President Woodruff. sincere few others surrounded him; wanted alien placed accord institutions. But spirit apparent among today caustic remedy just, self-defense nation. gives unquestioned allegiance rule believes has rule, cannot give qualified Government Republic.56If excommunication bring controversy end, mistaken. Three being expelled filed complaint Third District City et al. v. al., County sherriff Smith.57Smurthwaite lawsuit thirty-six-year-old A. Milton leader serving historian son's Smith. Musser four wives; Carlos's mother, Mary Elizabeth White, second.58 Raid convicted celebrated refused offer leniency pledge abandon relationship Mary, her children, families.59 1891, Swiss-German Mission year. Turkish 1892 1894.60 Upon returning working journalism volunteered serve Spanish-American War, eventually becoming editor newspaper Philippines entitled Freedom.61 1905, disillusioned issues, particularly polygamous husbands father continuing Manifesto.As finalized, 1905 cast vote sustaining leaders.62 narratives apostasy. Drawing anti-Catholic tropes, pope.63 “Is possible make up do think accordance God-given reason, they, too fall away apostatize?” said. “Indeed, thinking, well see great change people; class distinction threatens welfare masses?”64Despite extended complaints Musser's ranging objections theology, conditions fairly narrow. Suing case,” accounting investment funds issue injunction “restraining defendants enterprise prosecuted commercial, industrial purposes.”65 news, journalists embellishing beyond facts alleged lawsuit. contained allegation appropriating profiting investments, Herald he, “has charged taking offering Lord speculations private wealth.”66Given interesting question why didn't antitrust laws. 1890 Sherman Antitrust “[e]very contract, combination otherwise, conspiracy, restraint trade illegal.”67 Critics Frank Cannon involvement terms, suggests suit yet trust.”68 suits recently elsewhere. 1902, “Federal popularly ‘Salt Trust’”69 San Francisco, obtaining restraining fixing agreements.70 Furthermore, section 7 victims monopolies cause violations treble damages.71 Under Court's 1894 decision E.C. Knight reach purely intrastate manufacturers necessity life” Company.72 Both “any object article manufacturing.”73 unclear aggrieved party action.74 threat undersell unless shown broader conspiracy underprice Regardless, related claims Company.Inevitably suit, lawyers leading actors drama. attorney, retained Utah. Zane 1831 bar 1857, Springfield community just light, Abraham Lincoln, rose prominence. judge appointed 1884.75 presided intense period raids earned reputation stern essentially fair-minded judge, contrast earlier anti-Mormon crusaders bench.76 Utah's admission 1896, chosen supreme court, 1899 entered City.77 Given respected hero victories certain gravitas suit.Joseph represented Richards. D. young planned medical career. conversation aging study instead. “[T]he need defend Courts strive fearless inspiration rights.”78 medicine course self-directed 1874. timing entry couldn't better attorney. 1880, hard battles argued position courts, handling numerous appeals Court.79 worked George Q. emissary East. experienced attorney prime career decades defending interests court.Richard struck confident air reporters filed. feel assured saying nil,” wish my words casting reflection practitioner Judge nevertheless, I result.” say, talk night, touched upon. As know, represent matters, reason turned me.” Finally, advocate, ended trying framing grasping hierarchs speculating widows orphans. said: “The tithings voluntary; forced. They diverted work. Just properly furthering ends steps prevent voluntary contribution absurd. nothing fear.”80 Despite lawyer's face, behind scenes concerned. later wrote, “President considerably disturbed mind offered employ additional counsel.” “we win ourselves.”81The surviving file contains briefing parties, therefore reconstruct theories pleadings