The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-09-30

eisNI0 --eeof such numbers appear In the minutes
Of June 1884, such minutes TO be- taken correct
far as tho some extend and ao 70 ascertain and report
IN what hrm, rs to specific property funds money or
sbsetS the transfer W the SHARE 10 be set the
trustees agents appointees Of the Methodist Episcopal
Chuch Sonth, may wish most convenience and advaa-
sge 70 both pares, be made with such suggestions in
relation thereto each party rs no may SEQ t 20 re-
portbegs leave most respectfully to report that pur-
.uanee a ,he said dscretI order he has procet dsd
TO investigate the matters which he therein directed 70
ascertain and report and that in said investigation he
was attended BY the counsel and parties respectively and
Icctived such proof and evidence deemed requisite
by the counsel Of the respective parties to be produced
before HIM which, proofs and evidence herewith
turned with this report and that said defendants in
obedience TO the requirements of the said decrctal order
did produce, under OATH all deeds accounts, books OF
account &C., &C. was called for By the counsel for the
ties the arguments Of counsel he proceeded TO
make his report OF the masters referred to him. The
details Of which viii more particularly appear In the tabu
lar statement hereto xed and in order that the
court may DO informed Of the and principles
which guided him in the statement Of the said ACCOUNT
he Graves leave to embCdy the and submit them
With this report II commended the counsel for
that ~ the trustees agents Of the Book
Concern have since the division Of the Church neglected
and refused TO allow the benefcares south to
THEN share Of the profits OF the Book Concern and denied
the right To receive the that they BIO regarded
from that time misconductiDg deauiting trustees
AID must Do charged In the upon principles aD
p cable 10 uniaitif trustees who have yIaea ma r.
paoisted their tr,t it by theyense in
another form, as they defendants in anScton Of
troyer and conversion. 10 this would remark
J. That trustees only, genera rule charged
with reasonable care anu diligence together With perfect
good faith that mere errors OF judgment in the honest
administration OF their trust entail upon them
the consequences OF fraud That the trustees this
have Vio I'd their trust In to
bsneicares participation in the tuna settled by the
decree Of The Court but that it done fraudulensy,
from dishonest motives, nowhere appears ia the
decree OF In the proofs On the contrary appears that
III doing as they oo in OF extraordinary etnbarass
me Ano dill, ulty they supposed they acting
the faithful GUARDIANS o, The trust, preventing It's
being wasted upon persons who had voluntarily thrown
Iont OF law but 40 not think they slould be charged
os uheon5ucipg trustees, when iI,y we're honestly
though mistakenly endessoring act themselves
lailAiul coneerYators q the trLd.
= Even admitting s'.n. they are to be charged
miscchducting fraudulent trustees, IL not
follow that the benencansa should DO charged.
The cSnssqrepce OF irauoueDt conduct The part
a. Trustee ielio upon them pcfscna!y, and not
Uptn thc :and os beutic.aIies. / tuar tie
share OF the Northern Dtnedcisries be my uo,e
charged with TIE MISCONDUCT OF fraud Of Tia trustee
than she btneicagic themselves coula cs personally
charged. IL the horthtgn bcneiciA les HAYS receive
fAan they e.n;el 30, (which does appgar
She Only ooAsauenoe tHas can perceive ~ tna they
5. Admitting not only hat The trustees have been
guilty Il ischdnc aud fraud but taaC the Northern
bentLti8riS proschts, WIDOWS and orphans, have
n"od, cosed,d or encouraged theiu 10 the fraud
mat a$i the caset The trustees TINS charity
the sole tf A. tlo ami control Of the tunn the teneac,
lies a. such are mere --iye recipients Of tner Ierot
cal staTts having control the tFuses oc
tr conduct than the cLiiie stranger the church
aud ,eion whether jew Gentle; though the rustes
ere ore may haye been guilty Of fraud and the North
bfIedcaties may have approved applaudcd it,
r arpubston or uissp| rUbaop being accompanied BY
gsl ower should Ne Visited with No legal consequen
ctr Provided such aprobyon disapprobaton be not
CT conduct Of such nature as 70 deprive them Of tho
cAaacter OF benebeoiics which could only DO done
tupfose according &c The disploe Of The church by
ppision Or degradation Besides the rights the bono
ncries ate rot made by the founders foundation OF
The charity dependant upon any approys, dsaeproyI
Of che conduct OF The Trustees; the chsrity sd
Mip3tcrtc ~ i founded and Court would
have no power . or iabrcste nny conditions
which would restrict or qualify either tho nuubo OF tho
beefcirs or The amounts OF their shares in The fund
4. Again to state this account the principles
for or az IN an action of troyor and couvcteon
would OF course land such result csmeo) throw upon
the Northern bsnefcisres the entire sponsbty OF this
FIND the time the division date OF this
report; hat by Losses Of trade casualty OF fire
Laf Of tina entire fun2 (asnmpg that proportion for the
be REGARDED the half belonging the Northern bone-
ciaies. Tbs South would then take the remaining BALI
ind the North would De left destitute Tho Northern
travelling preacher must then go back STAFF and
scrip and, as way Dring pilgrim. so forth the great
mis- Ct his church Such woud lie a result plainly
With Tic objects for which thu charity instituted;
Tor II was intended TO 10 perpetual fund not only foe
tie travelling preachers &c. of the present tie but for
their success in all time come and whether greater
or less whether veied by profits diminished by oses
was 80 b. divided IN Que proportions to the benecaIies
Of the whole church whether Ncr:h South and
| While the trusted ot the present timo can do
nothing 30 impair tho rights of the present benefcis-
ries Il present trustees aud edciarcs together
&c nothing 20 im,a ALLEVIATE the rights OF their
that would be TO concedo them tho power
| Of altering The very foundation Of the cha..ty.
g. Admitting that the account Is to be stated the
principles claimed that the share OF the Northern
bnehc.sies Ii 10 be charged contended for, do not
see how The state of the sccoun could be materially
varied What j. The share OF the boneioiaI1es Merely
share in the profits to be periodically divided not
fha!o in the csppith Is fund conccrated to ths
church and the whole church North aud South not the
church OF 20 day, but Of ai lime TO and must be
iets intact and intangible concnp plated by the
| IotBdhtiosl q the charity
Having thus settled the general p,ircipaa upon which
tho aid account Is stated proceed consiutr the eyi
dencc BY Hlica it was SUSTAINED. In the Of
tho said Booh Ccnctrp IL was The duty u c tuteca 70
ndrg particular cunt and estimate value Of the
properly and effects Of the Book Cones m and Tho nes
ptoiB thereof 10 the annual conferences The accounts
rendered 10 the conferences the N, zion 81 the
church pioapcsd in evidence before and
h, reto aunextd and marked IA exhibits ros accounts
and estimates rendered the counsel for comtlani
contend are il not conclusive, at least totcibie
eyderec Of the property end value Of the Book Concern
sgans the def, ndanis in the cole and Il not to be
rehued except upon tho most complete and uudoubtei
testimony. The Iutees ard agents Of tbs Concern who
made and reported those accounts ard estimates
that thoy by being altogether
high ana the alleged excess amounts 70 very largo
sum, which makes the question to the character and
effect Of that evidence Of some importance. The
counsel fer oomplenas contend that the declarations
Of the trustees especially ID this apparently formal and
confederate manner beng the declarations Of common
SCENTS IN the Of their business Ia not only oy
dentc bat evidence OF binding force against the defend
ants btpefoieres That the declarations OF an agent
made in tho Of and within the scope OF his bust
Is binding upon biz principal i not to 6e questioned
ooubted but this CONCEIVE, relates what he rays
when dealing with third pIres. Nhat agent says to
bis pDcpsl while giving him account Of his pro.
ceeGirgs fayorna him With bis opinion estimate OF
NAf ~ tstNtf ~ at u OF 0tL
ccmpsyatiyciy little iorcc.--sge 1aunt X 5ll 10.
be5, SOB Aud u sfema 20 mo that the reports made
hy tho book agents 10 the general conferences arc
- be regarded In the liRht IL declarations MADE
by an s8ont t. his principal, while giving &C
ttunt 81 hs ecrgs ana conss A. these cg nts here
i'rr VINO made those estimates ana Who course know
now aad what they estimated that they arc
erroneous ana over eliminated hsye taken tteir teak
norS uair oath, before me Instead OF their
statements TO the Conferences n tho evidence OF value
70 o'hef OF better having been produced before II
ra heo oohtend.d by The counsel for defendants Chat
Ihp al
boof toncein ee estimated In the reports tae geuer
conferences On the ground that the stereotype plat
hha utea tslce estitnattd-lrst stereotype patos
second Aat ihey were again included Ia the estimate
tbs fhes s.ook This seems to be contenae1 unon tn
pinc.l, thSt ast the plates hsve boon ptta,od rnom
thy NE refused 20 atettaia exsnt ia value sad tta
tlp DIR tNff val0e ~ ths Yldae hss na sel irta IN
.~-.- s.eea e4c1, s-4saosviy, u ths ce.s, Las ~