Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-08-12

sick, infirm or aged-all these are
legitimate subjects 81 charity We all
know Where n particular fund has
been donated by the members Of a
particular church, or a particular
class Of persons to support the Ioor,
and relieve the distressed. and edu-
cate the children, and build
churches, and build school-houses,
IL cannot he diverted 10 some other
use, or for the benefit Of some other
person. 4 charity given 10 the in
habitants oLthe city Of Washington
10 support the poor Of the city Of
Washington canno; lie used to sup
port the poor Of the city Of Wash
ingtOn and the poor Of the city Of
Philadelphia The object Of the
donor must be carried out: property
intended for one purpose cannot lie
diverted 70 another. In other words,
the object sought TO be established
by the Senate bill i the same in
principle rs II the legislative depart
ment would undertake TO give the
property Of 4 10 + for some good
reason as they suppose, or 10 make
will after the death Of the testator,
which has been undertaken a. YOU
know by some legislatures Of some
states, and all such cases have been
pronounced unconstitutional and
void. The property was given 10 a
corporation which has been in pN-
istence FOR thiTty-ldd years. and Il
was given 10 them for religious anu
charitable uses. The religious USE
have been pronounced Illegal and
void. The corporation Is abolished,
but the charitable utes remain.
The Chairmsn-Are the charities
specified?
Mr.. Broadheai.-NO, sir. there is the
difficulty here. The question was
not raised before the Supreme Court: /
If the charities or uses had teen |
specified in the case which j. before |
the Supreme Court, then the Su-
preme Court wOuli doubtless have !
made some provision in regard to /
them, because Judge Bradley's /
opinion jus;iiies this conclusion, and j
/ will read from his opinion.
The Chairman-D0 l uuLerst1nd |
you TO cOnceie that legal education |
il 4 matter OF charity
Mr.. BrOadhead-Ge-. sir. unuues-
tionably; | presume that there j. no |
question absut that; but the object /
OF the donors intention has 10 be
taken into consideration.
The Chairman-One thing more.
Is there any evidence Of that duuu-
ton in writing
Mr.. BrOadhead-Oh, no sir; not at
all.
Mr.. wilsOn-These were simply |
given to the Mormon Church Is a
corporation.
Mr.. Observation-Disclosures were Civ
en- from time 10 time and year 10
year, according Ia the findings Of the
court in this case, ami the question l
WAS whether the court had the low
er to dissolve the corporation an.
whether II had power 10 divert it,
funds from the charitable lists in
tended / may mention, ia this
case, brought 10y the Government II
the United States against the |
Church Of Jesus Christ II I.at-
ter-Day Saints for the purpose ofGis-
solving this corporation. there wa-
an intervening pciition filed hy a
large number Of the mu'nbtrs Of
the Mormon Church. praying that |
II the corporation should ic dis
solved the fund should lee devoted |
To the members Of the Mormon /
Church FOR the charitable uses for
which il had been donated. They
come in ard pay tithes; foreNamplr.
some pay in money. some in wheat. |
some in corn, sJme in stock. sheen. |
cattle, etc, - much every wear.
which goes into the common fund.
This i sold and dispensed 10 the
poor from time a. time. and that i
the way this charity originated. and
Il = held tor the purpose for which
II was originally intended.
Mr.. Rogers am entirely ia the
iarS about this, eNccPs as you go !
along. and, II you will pardon me.
would like 10 asa you q few pucS-
lions now and then for the sake %.
Information. Did this intervening
PETITION 10 which you have just al
udrt, and applying in THIS case.
how or prove whether or mot This
und, which hecamc = common fund.
vas devoted from year % year a. !
hese specific purpUs=s 10 which You
AVE alluGed-to the schools aud
.hariiies, etc?
Mr.. BrOadhead-It did not. le-
'ause these questions were not
necessarily involved in the issues :
hen before the court. ;
The Chairman-What i the flct
n reg3ul tO ihats
Mr.. BTDadhead-Hcre i the fact &
Il regard to il. ] requested them o. {
end me a statement u the GiSiu.i- I
ion Of the fund during the last {
ear, 1853, ami here have il under {
.ath ana seal:
'fafeE'>4 81 iisLzTsel ss:s lIsIlis \ re tar-l
q Jcsus f7irisf - Latter day Srf1ss f4- I z
ting ~ gar f>>s, % fsr fdl r-1aa ar.
counts. rI-s q
'nur whites and Indians $3.50. SI.a.H@a | {
- -r------------------------ 1900 D.