Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-06-10

prudence, sections 1851 Ct ss4. But
( L Is unnecessary to make fdrther
quotations. =,
These authorities are cited and
many more might be adduced) FOR
the purpose OF showing that where
property has been devoted 10 a
public OK charitable Use which can
not be carried out on account OF some
Illegally In, or failure OF the object,
Is does not, according TO the general
law of charities, revert TO the donor
or his heirs, OF other representatives,
but il applied under the direction
Of the courts, or Of the supreme
mower in the State, TO other Chart
able objects, lawful in their charac-
ter, IEIt corresponding, rs near As
! may be. % the original intention OF
the donor. -.. ....-...,,a....
They also show that the authority
thus exercised arises, in part, from
the OuiinaTy power Of the court OF
chancery over trusts, and, in part,
from the right Of the government
sovereign, As Pdreas Patrs0, 10 SUI
perviSr the acts OF public and
charitable Institutions in the inie-
rest Of those 10 he benefited by their
establishment; and, II their funds
become BOHd udcdRtiQ, or left with
out lawful charge, or Appropriated
TO Illegal purposes, 10 cause them 10
be applied in such lawful manner
- justice and equity may require.
| II il should he conceded that
case like the present transcends the
ordinary jurisdiction Of the court Of
chanceTy, and requires for its de-
termination the interposition OF the
parcns pdtri1 Of the State, IL may
| then be cOntcndei that, ia this
country, there is no royal person to
act as 1dreygs pdtTiOr, and TO give
direction for the application Of
| charities which cannot be al
ministarei by the court. IL is true
we have no such chief magistrate.
But, here, the legislature Is the
pdrel,s IJalJiG, and, uuless restrained
/ by constitutional limitations, pos
sesscs all the powers in this regan!
/ which tire sovereign pUssessgs in
England. Chief Justice Marshall,
I in the Dartmouth College case, said:
by the revolution, the duties, ~
well ~ the pOwers, Of government
/ devO!ved on the people. It
il admitted that among the latter
was comprehen,led the transcendant
power Of parliament, n well rs that
Of the executive department" al
Wheat. 65l.l And Mr.. Justice
Baldwin, in Mctill vs.. Brown
CBrightIey's Rep. $iS, 3TSl, a case
arising on Sarah Zane's will, re-
frrring tu this declaration Of Chief
Justice Marshall, said: "The Tevolu-
ton deyOlvA on the State all the
transcendanr bower Of parliament,
and the PrerOgative Of the crown,
aud gave their acts the same force
and effect"
Chancellor Kent says. ''In this
country. the legislature or govern
mcnt o! the state, as pCtreHS DTtr.,f,
has the right to euforee all charities
OF a public nature, by virtue Of It's
general experimenting authority
over the public interests, where no
other person is intrIsted with IT,"
q Kent Com. sos, motel
In FOntain ". RaveHel, az How.
3ig, So, Mr.. Justice Mclean, de
liveTing the opinion OF this court in
4 charity case, said: when this
country achieved it, independence,
the prerUgatives Of the crown tie
vulved upon the people Of the States. Z
Aud this power still remains with I
them except - far rs they have |
delegated q portion Of il To the I
federal government. The sovereign /
will Is made known 20 Us by lecisla- /.
tive enactment. The STATE. rs
sovereign, l. the parsHs PqET50,.''
This prerOgative Of plIreHS DdtTf /.
i inherent in the supreme power IL 4
every State, whether that power j. [.
lodged in u royal person or ia the /
legislature, ami has no affinity O. I
those arbitrary powers which are .
sometimes eXerted by irreS pOnsiulc /
mOuarchs TO the great dstrimeut OF .
the people and the destruction Of 1
fheir liberties. Tn the contrary. u I
is 4 most beneEcent function. anu I
often necessary 10 h. exercised ia
the interest Of humanity, and for
the prevention Of injury to those
who cannot protect themselves.
Lord Chancellor SJmers, in Cary |
vs.. BERTHE, G. Neru. 3i3. 3i3.l said.
cit is true infants are always
favored. In this court there arr
several things which belong 10 the
king as DdtcT pdtT51, and fall under
the care and direction OF this court,
n charities, infants, idiots, lunatics,
etc"
The Supreme Judicial Court Cf
Massachusetts well said. in Sober
y. Mass. Gen. Hospital, (5 Cush. :
-, i97I: 1T is deemed iu,iispeH-
sable that there should bg power I
in the legislature to authorize the
sale Of the estates OF infants, idiots.
insane persons, aud persons not ,
known, or not in being, who cannot ,
act for themselves. The best inter
81 Of these persons, and Justice 10 !
other persons, often require that !
such sales should lie made. ltwuuli !
he attended with iucaiculablc mis- !
chiefs, Injuries, and losses. II estates,
in which persons are interested, who +.
have not capacity % act for them Z
selves, or who cannot he certainly ;
iscCrtIined, or are not in being. :
could, under no circumstances. lie
old, and perfect titles effected. But. a
Ia such cases. the legislature. as
Ddrclts DCitTiT. can diSentang,e and i
the estates, by authOriZin. E
, sale, taking Precaution that the =
rights Of all parties are i
protected AMI secured" Q
These remarks in reference to in :
ants, insane persons and persons :
Tot known, or not in being. apply 10 .
he heuchciaries Of charities. WHO u
re often Incapable Of vindicatiu-
heir rights, aHd justly look for pro- a
ection to the sovereign authority, &
citing ~ pdrcHs pUtTTT. They show ii
hat this beneficent function has Il
iot ceased to exist under the change
( government from a monarchy d. L
republic; tut that il now resides j.
a the legislative department. ready !,
D he called into exercise whenever a
equired for the puTpISc % Justice
nd right, aud l. - clearly CAPABLE y
being exercised In eases OF chart . II
les IS in any other cas- whatever. l s.
IL i true that in some Of tire y
tates Of the Union in which chari- u
rs are not favored, gifts to unllw- IA
Al u lhhpatCtltduic oigtct-, anu ( n
ven gifts affected by merely tech Il
zeal difficulties, are held to be vOii. N
nd the property is allowed to revtr; is
, the donor or his heirs or other
representatives.. But this is in cases il
here such heirs or representatives OF
re at hand 10 claim the property. m
MI are asceTtaiuable. IL j. difiiru!t sy
, see now this could Ice done in "A bl
use where it would he impossible q
II any such claim 10 be made-as
here the property has been the Fl
,sulting accumulation Of ten th0;:- b,
md petty contributions, extending C
trough long period Of time. rs Is bl
.e case with all ecclesiastical ami in
funds. In such nj
Sc the only cOftrsf. Efbot ,.,tfI.T =.