Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-08-12
| charitable gift jackson vs.. Phil

were useu IOE lul7 FNAf
mentioned this because 1t did not
appear in the trial Of the case before
the court, and believe Il they had
Leen brought before the court Judge
bradley would have made an ORDER
accordingly.
asLx. then, that the legislative
dana ytueut Of the government shall
ke.,p it, hands of this question until
the court has settled il, because the
court has ample jurisdiction without
any action OF Congress which would
undertake. TO interfere with the
Jurisdiction Of the court IL IS true
there Is no statement as to what
DISPOSITION should be made Of this
fund, amounting to four or fve hun
dred thousand dollars, but | say Il
Is wrong against the principles
Of common Justice 70 take u away
from this common object TO which II
was evidently intended TO be de-
voted and give IL 10 the general OBJ
jects Of education. 10 Is true that
such a disposition rs is contemplated
will benefit the cause Of education
yery much, but these people have
not the control OF the political ma
chInery in Utah; the management
Of the schools has been taken away
from them and the right Of suffrage
has been taken from them 10 a great
extent, and here is fund which
should be left In the hands Of the
court TO determine whether 1t shall
be put TO the purposes to which IL
was originally intended or whether
Il shall lie given 10 the Jew, Cen
| tile, Mormon, ami all the Others
alike In that krerritOry. say
IL IL not right that il should be 20,
and not according to the principles
Of Justice and not in accordance
with the adjudicatiOns Of the
courts.
Mr.. Stewart - The court has
power under the Edmunds-Tucker
act to make final disposition Of that
/ fund?
Mr.. Broadhead-1t says accord
/ ing to the law"
I Mr.. Stewart remember that,
a. had something 10 do with that.
F. But il did not point out what law.
Mr.. Reed. They hesitated about
finding any law.
4
there would not be much divergence
Of opinion in the committee with
reference TO the general doctrine
which you have expressed.
] Mr.. Oates-This fund is derived
from the sale Of personal property!
/ Mr.. RrOadheai - Yes, sir, from
I personal property entirely.
] Dir. Stewart-HOw much l. there
Of that.
Mr.. BrOadhead-Three or four
| hundred thousand dollars. Some Of
il is deposited in banks there, bear
ing interest, and some Of it Is in the
ioriginal form; there areab0ut twenty
I five or thirty thousand sheep, !
think, which are still in the hands
OF the receiver. Part Of this fund i
/ in railroad stock, street railroad
stock. telegraphic stock, and in the
stock Of the Salt Lake City gas
company, think, which pays divi-
bends annually. These stocks have
been taken possession Of and are
held By the receiver and ne i get
I ting the dividends upon them from
time TO time. They are very valu-
able stocks, because the city i in
creasing in population rapidly. ami
then there is some rent from re-g!
estate, a farm which is rented for .
$3.50 a month, and the property is .
considered very valuable in that
Territory at this particular time.
Mr.. Cul0ersOn-I sympathize very .
much with your position anu / 10 .
not want 10 lumber up your remarks .
with what / say, but | would like /.
to ask this: Would not this school /.
fund 20 alone 10 the education u the T.
MormOns.
Mr.. Broadhead-It is for the pur- T.
pose Of educating the Mormous, and .
for the purpose Of educating the .
poor.
Mr.. CulberSOn-I understand that I
point, but IL this fund Is donated for .
the purpose Of educating the Nor .
mon children and iustilling IN them .
the doctrines OF the Mormon Church. /
including pOlygamy, would not that .
fund be tainted with that kind Of .
illegality which the court would not
sustain?
Mr.. Broadhead-I will say this in
reference 10 Polygamy, that it Is
pretty much extinguished in Utah.
Mr.. CulbersOn-l do not doubt
that.
Mr.. Breadhead-And Il Is going
down and growing less every day.
Mr.. CulberSOn-I understand il
and ] think it is 50. too, and think
Congress will hold n donation %
charitable purposes perpetual, pre-
viding the charity is legal.
Mr.. BrOadhead-The decree Of the
court may cover that whole ground.
IL might require the trustee 20 re-
port on that from time TO time.
Mr.. CulnerSOn-I would like 10
ask whether you DO not think that
donation would be tainted with IL
legality If that fund or any part Of
it was donated for the purpose OF
educating Mormon children, and If
being so donated to the Mormon
Church il shall educate them in tine
tenets Of that Church, that being
part Of the education, now is not
that donation and fund TINTED with
illegality, and therefore should YOU
claim that the fund should still be
kept for that purpose:
Mr.. BrOadhead - / should not
claim 1t should he devoted % any
purpose that has been pronounced
IN the law ami Judgment Of the
cOuT. Illegal; PROFESSIONALLY not.
Mr.. Oates-I understand you Ia
draw n distinction and cite what |
DO, that where bequest was for two
purposes, one Of which was legal
and the other was Illegal, the court
should apply il TO the legal one and
refuse 10 apply TO the Illegal one: |
now the question put 10y brother |
Culherson was, il the court SHOULD
distinguish in the education that
which was Of the Church and that
which was not Of the Church. the
one being legal and the other ille-
gal, how would you do about that.
Mr.. ROgers-Iu other words,
could not the decree he - shaped a.
To apply the fund To education To
the exclusion Of religion:
Mr.. Observation-Disclosures j. no (
question about that at all; the whole
matter is in the power Of the court.
Mr.. ROgeH-Applying it TO the !
children Of Mormon parents and not
permitting education in the tenets
Of their Church.
Mr.. Breadhead-MOst unquestiOu-
ably 50, because the Supreme Court
has decided that the doctrines Of
equity Jurisprudence prevail in that D
Territory. They say the chancery ;
court has exclusive control Of this =
matter, and having once got posses- b
zion Of IL, il Will disburse it accord J
ng to the principles OF equity: and
Z n court OF equity can not control
t. | know sf no earthly power that
an.
Mr.. Wilson, understand your :