The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-01-31
FOR A new TRIAL.
Attorneys in De Boissiere Case
Make Plea TO Supreme Court.

In their brief on their motion for
new trial in the De Boissiere Home case,
George A. Huron and Judge A. ". Ben
son. the attorneys for the trustees of
the home. who are resisting the suit OF
Troutman & Stone to get possession eff
it, make the most of the dissenting opin-
ion written by Justice Pollock in the re-
cent decision by the supreme court CIV
ing the property to Troutman q stone
They point out that the decision sets
new precedent and as the court was so
evenly divided they should be given a
chance to argue more fully some of the
questions presented.
The opinion in the decision recently
rendered was written by Chief Justice
Doster, who has now retired from the
supreme bench. In their brief the at
torneys for the defendants say:
THE final decision must fix forever in
our jurisprudence, or until changed by
statute, doctrines of transcendent import
ance, not only to the benefciaries of this
trust, but to all our people. We now ask
the court, heretofore divided, to patient
ly reeXamine the case. IL we have nlth-
erto or shall now fail to present in clear
ness and with force the errors in that
reasoning whereby the splendid beneS-
olence of the founder of this charity Is
defeated and the poor and unfortunate
despoiled of the bounty his generosity
had provided we trust that the wisdom
OF the judges themselves. as the ultl-
mate conservators of these sacred inter-
ests, will discover the errors that have
led to so lamentable a result Great
questions involving great interests merit
great consideration, and have usually
received such consideration in courts of
last resort
decision was awarded was that the
beneficiaries of De Boissiere's bequest
were limited to a specified class. and 1t
could not therefore be classed as a
III. tat = 5rt1
called forth Justice PolIock's vigorous
! dissent. In arguing the matter Mr..
Huron and Judge Benson said:
The rule thus evolved, taken in its
! entirety and followed to its legitimate
+ conclusion will wipe out of existence
every UNCONVENTIONAL school and every
privately endowed hospital and
orphans home or other charitable home
There are at this time twenty-four
UNCONVENTIONAL schools in the state,
employing 400 teachers, with $500 stu
dents in attendance. These schools are
the outgrOWth of the self-denlal. the
! unremitting toll and liberalty of the
/ philanthropic members of sixteen
/ Christian churches during the last
| forty-five years. In that time they
/ have qualified thousands of the sons
1 and daughters of the state for the ex-
allied duties of American citizenship,
/ while their graduates are among our
most useful and influential citizens.
and many of them fill high positions of
trust and confidence in the service of
the country.
These schools. emitting the money all
ready expended. are possessed of prop
ertv and endoWnaents of the value of
50. S55. 500; and vet the state has been
under no obligation to endow any one
Of these schools in the first instance, nor
to lay upon the public the duty of their
maintenance and support In fact. they
come within very few OF the conditions
out of which this new rule, applicable
to charitabI uses. is evolved; and if the
decision announced is TO stand as the
law of this state. nothing can prevent
those who, prompted only by cupidity
are willing to risk 2 few paltry dollars
in a gambling wager for quit claim
deed. from getting possession of the
vaiua bic property already accumulated
and shutting the doors Of these schools
in the faces of those who have created
that cannot be estimated or measured
: by dollars.
There are in Topeka two hospitals
erected. endowed ard supported for the
better care of the sick and the many
suffering from serious wounds They
had their origin and building. the one
in the great, warm heart of Bishop Val
| and those who with him were moved by
a spirit of philanthropy to provide 2
place where the suffering might have
the best care that science could give for
all time; the other. in the hearts at
z tuned to sympathy of two childless wid-
ows, who hope to see the institution
t they have founded SO strengthened bJ
a the benefactions of philanthropic people
: that it viii have ample provision Tor tnt
: multitude of sufferers who will need is
2 care for all time.
but the trustees of Christ hospital
! of Stormont hospital, and Of the othel