Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1892-11-12

the liberation OF negro slaves, and the
purpose ~ the second was TO nFsist
such no might escape nom slave hold
ing states. The general purpose was
aid 70 negro SLAVES. And these slaves
having been liberated, the court held
that the sum should be devoted
90 their use aud bonefit ~ freedmen,
except a smnll portion 10 be used for
the benefit Of necessitous persOns ~ the
came race In Boston and It's vicinity.
While the mode prescribed by the tcaia.
tor for beneiitinR the negro slave by
securing tholr liberation ana by sidiuH
those who hud escaped from slavery
was necessarily abandoned, the gen.
eral object OF the bequest was not. The
court devoted 70 10 tneir use a. freed.
men and TO needy persons Of the same
race Ia particular locality.
Ia THE decision the court went 20 the
verge ui its jurisdiction. Ia the same
opinion thr court said, "Dhis power Of
dis os ton by the slgn m nual Of the
crown in direct OlpJsiusn ~ the de-
ularcu Intention VI the testntOr,
whether II IL - be deemed 10 have be-
lOnged ~ the king as head Of the
church M well na OF the slate, intfustei
and empowered & sec Ia nothing he
done to the dishvf isOn W the crown OF
the propagation Of a fale. religion,
Rex Va. Pohingtou, 1 5alk, 1862, 3. G..
FL. Cas-. At. SO; or 10 have been de-
rived from the power eXerglsci ny the
Roman emperor. who was Oy reign
legislator rs we'll as supreme int prefer
OF the lAws; Dig. 49, ., IL, 90, $, q;
Cote, LID. /. tit. ., 4. ~, ~. ii, C. H.; ~
clearly a prer0gaIive nnd not a Judicial
power, aud could rot hu exercised by
this court; and g Is difficult to REQ how
II could he held TO exit al all Ia re-.
public, IN which charitable bUquests
nave never hern forfeited u
the use or submitted 10 the
disposition VI the government, be-
cause superstiti1us UT Illegal. Dane All.
go. Class W. White, Dana Idj.
Methodist Church W. Remington,
Waite, 92j."
Ina the same opinion the court said
further 81 IL accordingly well settled
by decisions 81 the highest authority,
that when a gif. ~ made % trustees Tor
a charitable purgoeu, the general nature
" which ~ pointed out, nud which it
lawful aud vHlii nj Che timu OF the
death Of the ttsutuT, aud NJ intention
II expressed o. hmit II 70 a particular
institution Of mode ~ application, aud
afterwards either by change OF clrcum.
stances the scheme OF The tostAtOr be.
comes impracticoDle, OF 10y change Of
law becomes Illegal, the fund, having
OncO vested IL charity, does not 90 10 the
huirs at law Ba f,uultins tfIst, but H.
TO be applied by the court OF cbuucufy,
ia the exercise Of Us jurisdiCuon In
equity, Bs near the testat0Tis particular
III. octlOns gs possible, ~ carry out HE
general charitable intont.'
The court expressly said that whom
tho gift O. Tor u Charitable purpose the
general nature Of which In pointed
out, aud 40 Intention Is expressed o.
limit it 10 70 particular Institution or
mode Of application and afterwards
the aCheme Of the teHtntOr becomes im.
practicable or Illegal, the fund must b.
applied by tnu court a. near the tesla.
tors particular direction IA possible 10
carry cut hi- general charitouls intent.
The court cannot select any object OF
charity outside the scope Of the general
Intent.
The doctrine Ct ~ pres 10 only "a
liberal rule ct construction to ~.
certain the intention oil tins donor,
pnd all the rules relating thereto nre
intended 10 aid Ia Hscertniniug anu
carrying out as nearly ~ may be the