The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1888-12-07
THE AGRICULTURAL COLLEGE.

The suit between the M. r. Church
South and the State Agricultural College,
as our readers remember was decided In
the Circuit Court In favor OF the college,
whereupon an appeal was taken TO the Su-
preme court, which reversed the court be-
low, hence trial on the merits OF the case
will be had In the Circuit Court. By re.
quest we publish the following syllabus OF
the decision Of the Supreme court
One or more of the members Of an un i.
incorporated association may sue for the
benefit OF the whole. to enforce right In
favor of the association, which Is cogniza-
bic In equity, where the members compris-
Ing II are so numerous that II would be
impraciicablc 10 bring them all before the
court.
The right to believe and teach religious
doctrines includes the right TO organize
churches, establish seminaries Of learning
and acquire property fer that purpose, and
to claim the protection of the civil law In
the enjoyment Of ouch right.
Mere voluntary associations are incapable
OF taking and holding real property in thei
society name but II may be held for thei
use and benefit through the intervention O I
trustee, who may be natura! or artificial
person.
When, therefore, an unincorporated re-
ligious association procured, through other
parties, the formation CT a corporation for
literary purposes, The charter Of which con-
tained a provision, that its object was to
acquire and hold property In trust for such
association, and that lts trustees should be
appointed by the representatives of the
latter. q
Held, that property subsequently con.
limited II to different use, must be deem.
cd 10 have been taken in trust for the asso.
citation and where the legislature In pro-
viding for a college. the leading object OF
learning rs are related TO Agriculture and
the Mechanic Arts, compliance with the
provisions of The act of Congress, granting
public lands to the several states and terri
tories, which might provide colleges, for
that purpose passed July ,, rS67-desig
mated and adopted the said cot pofation as
the Agricultural College of the state. in
which all students should be instructed ir
accordance with the requirements of the
said act Of Congress, and the corporation
accepted such designation and adoption, in
pursuance of requirement of the legisla-
turc.
Held, that the relations of the corpora
ton TO the religious association were not
thereby changed that the state IN consc-
quenee of such act, and acceptance, was not
authorized TO alter the charter OF the cor
poration OF interfere with the right Of the
association to manage property conveyed
to the former, as provided In the charter
nor that the designation OF the corporation
as such College. created new entity, or
changed its character as trustee of the
property held by Il for the benefit OF the
association.
Held, further, that deed TO land ,subse-
quently executed to the corporation, which
contained provision 70 the effect, that the
promises be used by It for the purposes of
the Agricultural College OF the state and
that when they should cease to be so used,
they should vest and become the property
of the persons who had, or should contrib
ute the purchase moneys did not impress
trust upon the promises in favor of such
College that the latter, as distinct from
the corporation, was only ideal that said
provision In the deed referred to, created
conditional limitation In favor bf the per-
sons who contributed the purchase money;
and that the trustees of the corporations
could not rightfully convey the land con-
trary TO the will of the association.