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

e1v TINT the COdtrnl over the personal
property Is absllutr, that IT was regard
less Of the purposes NJ liz dedication.
The court iufthurauid In the same opin'
ion.
"rhe principles OF the law of char.
tiles are not con fined 10 particular
people OF nation but pr evail In all Civi.
HEED countries pefvaded by the spirit
OF Christianity.
A leading nud prominent principle
prevailing In them all H. that property
devoted to u charitable ani worthy 90.
ieci, promotivo Ut tbs public good,
shall bo applied to the purpose Of It's
dedication, aud protected from spOlia-
tlou and from diversion to otherotjccts.
| Though devoted TO n particular use II Is
considered rs given 10 the public, and
rs Therefore taken under the guardian
ship " the law. II II cannot be up.
! piled 10 the particular usc for which It
was intended, either because the objects
70 be- sutservud nave failed, or because
they have become unlawful and rupug.
nant TO the public policy Of the State
10 VIII be applied % some object
Of kindfed character 50 ~ to fllhll m
substance II not IN name amt y0rm
, Mg purpose vi rs conservation"
In illustration OF the application OF
the principle, the court quotes rom
the opinion OF Lord Chief Justice VIII.
mot, In his opinion Ia Attorney Cen
eral VI. Lady Downing, | Wilmot, 30:
"But whore property Il given to mis-.
] takou charita BILE uses this court liBti u
gulshes between the charity and the
usv; and seeing tue charitable bequest
In tbs Intention Of the tnslator thoy
execute the inteation varying tho use
as the King who 10 The curator u all
charities, aud thv constitutional trustee
for the performance Uf them, pigases
TO direct and appoint
In this II Is not stated that q Cuur
OF equity In the exercised rs ordinary
luSisdiciiou could vary the use IN Ob-
Jeots outside OF the intention Of the
donors; bul II does say "vatying tho
use ~ the king picases 10 direct aud
appoiut.' And after citing cases from
various countries, many rom England
and our own land, III Illustration Ut tho
doctrine oicy pres, the court continues,
cine true ground 70 that the property
! given 10 charity becomes IN measure
public property, only applicable ~ far
ls may bo ~ IL true, to the specific pur.
poses to which II is devoted. y
| Hence when such properly cegses ~
have any other owner 10y the failure
4 Of tho trustvur by forfeiture tor illega!
application Or Tor any other cause, the
ownership naturally aud necessarily
/ falls upon the sovereign power Of
the state; and thefeupOn the cCud Of
chnnCery, Ia the eNercig3 OF is Ofdin.
AIRY Jurisdiction, viii appoint IA new
! trustee 70 take tine place Of the trustees
that have failed or that have been sol
| aside, aud Will give directions Tor tho
| further management auI a1miniHtTa-
| ton OF the property; or u the case IL
beyond the ordinary Jurisdiction Of the
court tue legis stature may inierp1se and
mako such disposition VI the matter as
will accord with the purposes OF Justice
aud digit. The fuuls are not lost TO
the public Ha charity funds; they are
not lost 10 the general 1blecls Of class
% objects which they were intended
" suOservo OF effect"
| La this the court Gays that when
such property ceases u have any Othrr
owner by the failure Of the trustees for
any cnuse, the court OF Chaucery Ia
the uxetoi-euf So ordinary Jurisdiction
will appoint new trustees, ur u the
casC Is bty0Bd the Ordinary jHrisdiotiDa
of the court, the icgls oturc may inter.
rose and make such d8DOgti ton OF the
I NfaAskHF nv 4AN fAANAf - .NHafh khN talN 70
pOstS oi JUsllco and r,ght.
II n person holding the legal title Oi
property, for the us3 OF another, or
othcrs, refuses TO discharge tho obliga.
ton arising out Of the confidence re.
posed In him 10 apply II according tn
the trust, or " he iorfeits his right 10
do ~ Tor any cause, the court In the
oxerclse0 % It's Ordinary jurisdiction will
appoint another trustee, This Jutisdic.
ton, neutrality-suspicious. % con-
| Bued % the selection OF the instrument
to apply the property 10 tho object; IT.
does not extend 10 tue selection VI q
new OBJECT to which TO apply the
| funds.
The ordinary jurisdiction SIS horo
limited 10 the mode; but u the case Is
beyond that the opinion says the legls-
lature may interpOse 10 prevent the
| iuuda from being lost TO the general
objects or class OF objects which they
were intended TO eubserye, ana IN 80
doing may make such disposition Of
the matter as will accord with Justice
and right.
In the opinion FROM which we
have becn quoting the court defined
the powers OF the government 70 deal
| with tho real estate forfeited AMI es.
cheated 10 II, and also It's authority
with respect TO the property not 10 for
teltei and esoheated. The court also
discussed the power Of the gov
eminent through It's courts OF
equity In tho exercise Of their
ordinary Jurisdiction and its au.
thofity through the sovereign In mon.
Hrchieal governments, anu also lite au.
thority as expressed In enautmeuts Of
the law making department In u re-
public.
Ii requires careful examination Of
the opinion 20 distinguish the powers
held 10 be applicable to tho forfeited
and escheatvd property from those
applying to the property not forfeited
and esoheatod, and also TO distlngu sh
the powers held TO pertain TO the court
Ia the exercise OF It's ordinary Jurlsdic-
tlon with respect TO property dedicated
10 charitable uses, from those belong
Ing 10 the sovereign In II monarchy
with respect 10 such property OF to the
law-making department IN q govern.
ment based upon the will Of the pc Opls
lone ia which Msg are sovereign.
In Jackson vs.. Phillips and 9th err,
~ Allen, $50, testator "bequea.h Ell
two sums 10 trustees; One for the
preparation aud circulation OF books,
newspapers, the delivery OF speeches,
aud such other means as In theif judg.
1 montn would "rreate public senti-
ment," as would 'put an emf to negro
slavery IN this cOuntry,D aud The
other for the benefit vi "fugltive
slaves" who might "escape from slave
holding states" After his death
slavery wns abolished by the thir-
! fnsut d a uandfnaut Ia tho ennsfitutfo,,