The Pulaski citizen. [volume] (Pulaski, Tenn.) 1866-current, 1888-02-23

sion that was re lched by the
chancellor is emincntiy satisfacto.
ry to this court. There is nothing
in the will or charter contemplate
ing placing the institution under
the dominion and control or drec-
tlon OF the annual conference of the
Methodist church, or puttiag it in
any manner under subsection, do
ninlon or control OF any any relg
ioes denomination or sect.
1t was manifest that the object of
the will was to es ablish an institn-
ton, and that trustees were to be
selected and that hose trustees iii
not being convenient for the tesla
tor to name them in person J were
designated as officers of the local
church at Pulaski, meaning thereby,
not to put it under the control of
The local church at Pulaski, but to
select the individuals that consti
tuted the body Of men, for he knew
or had every reason to suppose
that these officers and their sue
etssors won d be proper men to in
augurate that institution; but they
were only to inaugurate it, for 1t
was contemplated that they could
not personally carry it out, that
they would have to invoke cor
porate organization to put upon
q successful ba>is the institution
that the testator intended to found.
i That is shown by the eleventh
clause OF the will: 'sThis $4,000
shall be paid over to the trustees of
the college, and in the event of no
trustees being appointed then it
shall go the officers of the church
for the use and benefit of the col
lege."
Much stress is placed by counsel
Tor compliment upon the f.sct that
the college was often reported to
the annual conference, from which,
1t Is said, a recognition of the do
minion of the conference is shown;
1t Is sufficient to say that the re-
ports referred to make quite the
contrary impression upon our
minds. The reports are generally
found to have been made by dele
gates in attendance upon the con
ference, in reference to au iDstitu-
ton which had invoked the bless
ings and interest of the church.
The only report made to the con-
ference by the trustees, through its
president, expressly negatives the
idea of domination or control by
the conference and is consistent
with the contention of defendants
here.
! This disposes of so much of the
case "a presents the question with
reference to the conflicting claims of
control and ascendency in the man
agement of this institution, and
leaves tor consideration the other
question as to whether the contract
Or lease that has been made by
these trustees is beyond the power
and scope of the trustees to make.
We are satisfied that it is clearly
within the province and the power
Of this corporation to make such a
contract as they have made 1t was
never contemplated by the testator,
nor by the charter, that these trus-
tees themselves were to take ply
steal control and management of an
institution of learning for females.
Many of the persons named in the
trust were men engaged in business
and affairs of state, aud whose
business called then away from
Pulaski frequently, and it could not
be supposed for moment that the
testator ever contemplated that the
individuals who constituted the To-
cal church officials would be them
selves the managers OF this institu-
tion, but that they were TO control
and to direct the management of it.
Now in the exercise of that trust
they have seen fit to make con.
tract which is called lease (though
it is more properly contraci)
looking to. the management Of the
institntion-the contract under
which they have placed the institu-
tion in the hands OF two ladies
named as principals II is noticea-
bic that IN that contract they are
not given the control and mansge-
ment, bat that they are merely the
instruments and agents who man.
age and conduct the institution,
but always under the proper char
tered organization.
This substantially disposes of th,
case. There is much said by tue
counsel for the complainant with
reference to supposed def ieGcies
and technical inirmltes in the de-
mnrrer presented by the ,'cfen-
daDts; that they are co1trati .ctpiy,
and there are various critical and
typercritical objections made. We
have not heen disposed to take
that view of the case, or to h. over
nice in applying The strictcst rules
of pleading with reference To he
demurre for their bill is itself full
of Inconsistencies, and for the rea-
son that no demurrer could be
framed to any part of the bill that
would not be open to tie criticisms
now made upon it by the counsel;
: for it is at 2times apparently the
, purpose of the pleader to rase only
: the question of the construction Of
: the will; again it is apparently the
purpose TO present only the rights
t of the state, under the supp ,sed
G violation Of the terms of the char
/ ter by the trustees; again the ques-
' ton is presented as to the conflict
Q ing jurisdiction between the annu-
i. al conference and the local church
4 Although counsel for the com
. plainant in their written argument
e say they made DO contest with ref
5 erence to the control of the annual
conference, and that this is merely
J. introduced incidentally, still these
r matters are referred TO as explana-
tory OF the reasons which Induce
Y the eaurt not 10 enter into any
q technical examination OF Judgment
on the pleadings.
III The merits of the case are pre-
2 sented fairly in the bill and de.aar-
p rer. The merits being reached by
!. the action of the chancellor in dis
missing the bill we do not feel au-
% thorized to disturb that result upon
d any nicely strained rule of pleading.
O For that reason, without further
comment, the action Of lie chancel-
- lor in dismissing the hill is in all
y thinos affirmed.