Iron County register., 1894-03-29
REMOVAL OF BELLEVUE COL
LEGIATE INSTITUTE.
Letter From J. L. Thomas.

Letter From J. L. Thomas.
WASHINGTON, D. c., March 10, 1894
Mr.. Editor-It may be interesting to
your numerous readers to know that
the Supreme Court of the United States
of the 5th day of February ultimo, de-
cided question that effectually dis
posed of the objection made last
spring that the St. Louis Conference OF
the Methodist Episcopal Church South,
could not legally and lawfully remove
the Bellevue Collegiate Institute from
Caledonia to another point within the
bounds of the Conference. The ground
of this contention was thas there was
an implied contract at least between
those who furnished the money and
the Conference that the Institute
should remain, perpetually, at Gale
donia. This contention was, on the
day above named, completely ever
thrown by the Supreme Court of the
United in Bryan ct al VS.. Board of
Education of Kentucky Annual Con-
ference of Methodist episcopal Church
South ct all" reported in IA Supreme
Court Reporter at page 465. The
sylabi of the opinion which sufficiently
indicate its scope are as follows:
"Q.) There is nothing impairing the
obligation of contracts In an act auth
orizng the original trustees of a college
incorporated by act reserving the
power to alter and repeaD to convey
the titles of the lands and buildings to
the board of education of a certain
conference of the Methodist Church,
when this merely effectuates the pur-
pose of the founders, which was de-
clared to be that the college, when Or
ganized, should be under the control
and management of such conference.
13 S. W. 276. affirmed"
.'(2.) The mere fact that the orig
inal promoters of movement for
founding college, which was to be
under the control of the state confer
ence of the Methodist Episcopal
Church being mainly resident in the
vicinity of certrin town, named such
town as the location of the college and
that it was the general belief of those
contributing to its foundation that it
would remain located at such town will
not in the absence of an express con-
dition to that effect. warrant the court
in implying contract that it was TO
remain permanently located there,
which contract would be impaired by
act authorizing it's remov-
al to another place. 13 S. w. 276, af-
firmed. Respectfully,
JOHN L. THOMAS
The above article was published in
the Southeast Gazette, of last week.
Not being familiar with the history OF
the case here referred to we are, of
unable to say whether it has
'.effectually disposed of the objection
made last spring that the St. Louis
Conference, etc., could not legally and
lawfully remove the Bellevue Collegi-
ate Institute from Caledonia" etc.
We do know, however. that in the
resulting in the organiza-
ion of this school as a Conference In
there was not only an i'm
piled bnt a specified contract. Posi-
ply the technicalities familiar to the
lawyers and courts may admit of an
of a contract that will
nullify its purpose, but this does af
'eet it's binding force in its moral as
poets. Whether the case here cited is
really parallel case, and settles the
egal points involved in the proposed
of our school, could only be
by comparison; and wheth-
or Judge Thomas is sufficiently ac-
1uainted with the history of both to
enable him to say as lawyer and a
ur1st that the decision in the one
covers the other. we are unable to say.
Aside from this, however, the moral
obligation involved in this whole trans |
action is too palpable to require ar
and to say the least, it is a |
reflection upon a representative body |
If Christian men that it should be nec-
,ssary to appeal to Ceser to secure
he fulfllment of such an obligation,
,r rather to prevent it's violation.
The st. Louis Conference, as such, has
lone comparatively little for the main
enance and success of this institution
While it has been struggling for an ex-
stence. Now that it may be said to
rave passed the crisis in its history
md established its right and ability to