The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-07-27

trust in perpetuity for the Christian
Catholic Apostolic church. so that It
shall go down to generations to do good
in that line with the exception of two
and one-half per cent, which I think Is
fair for myself and my family. I did
think five per cent, but I have reduced
it to two and one-half and am some
what inclined to reduce 1t still more.
After calling attention to the fact that
inasmuch as Voliva's conveyances TO
Granger were in plain violation to the
spirit and intent of Dowie's power of
attorney at Voliva, which the court
holds, both Voliva and Granger well
knew. the court said: AS between
Dowie, Voliva and Granger these instru-
ments were mere waste paper"
The court then traced DoWie's church
career beginning in Australia, down to
his work in Zion City and found that
DoWie had for many years been in re-
ceipt of a large revenue which he de-
voted to church and charity purposes;
that the amounts received by him ag-
gregated in some years $3.50, 900: that
Dowie had not sought to amass q pri-
Vate fortune; but that he engaged in
secular occupation in aid of the propa-
cation Of his religious doctrine, or, as
Dowie expressed it:
For God and humanity
The court then says:
It is a well recognized principle of
equity that where a person accepts
AiOueg IN property TO De used by MN
Tor the benefit of other person or per
sons, or for the advancement of some
lawful enterprise, such money or prop
erty constitutes a trust estate"
The inquiry then is. did these offerings
come to Dowie for his private purse or
did the contributors intend that the
FUNDS should be devoted to charita bic
or religious uses. If for any other pur-
pose than the purely personal benefit
of DOWie, the estate is a trust. 1t is
the duty of the court to get at sub
stance of thing, and, in ascertaining the
purpose Of the gift the court is not lin
tied to an inspection of documents or
other specific declarations of the parties
made at the time. Their relation is one
of confidence, or If he who received the
money is in a position OF influence over
him who gives the money as, for in
stance, If the person receiving the money
is the advocate Of a religious faith and
by word and attitude and environment
induces a conviction IN the minds OF
a large number Of people that, as an in
strumentality of divine authority, he
can and does relieve physical ills, and
is clothed with power to exert an iE-
fiuence upon the spiritual welfare OF
men and women who thereupon give
him of their lands and goods, surely the
motive of such gift ought not long to
remain a matter of doubt in the minds
Of rational men. The fact that such
contributions came to him in the form
of checks and currency through tbs
mail and express, the contributor omit
ting to require the execution of a for
NAL declaration of trust does not tend
to divest the transactions Of their
real character. It is just as if the con-
tributor sitting in a church pew had
placed the funds on the collection plate
passed to him by a deacon. Surely, in
such cases. the court would not decree
that the parson might put the money
on O al NJ mr.
agreement to the contrary, merely be-
cause the contributor had failed to arise
in his place and exact a pledge of trus-
teeship from the pulpit
at would be difficult to conceive of
anything more inherently inconsistent
than DOwie's claim of private owner
ship and his admission of trust Oblfga-
ton for the spiritual welfare of gen
erations unborn. He says it is his own
property, and yet he considers that be-
cause of the way he got 1t he is alb
sOlutely bound to turn 1t over to his
successor in perpetuity for the church.
Now, if he Is to have a successor
that necessarily implies his own rep
resentative capacity, for the individual
man can have no successor. And if he
is to pass it on to his successor how
can he be at liberty to dispose of it
otherwise in his lifetime.
'If during his lifetime, he came to
divide it up among his followers or
part with it to some other use as he
may, If it were his private fortune, his
admitted obligation to future genera
TOPS would by his own act, be thus
made impossible Of fulflIment. OBJ
viously. the theory advanced in his be-
half is not sound.
After quoting from Dowie's official
publication. Leaves of Healing. to show
that for six or seven years, Dowie had
declared in the church and tbros7orI,