The daily Gate City and constitution-Democrat. (Keokuk, Iowa) 1916-1922, 1916-08-15


And in proportion as this world is
Of less Importance to the next world,
so l hope and SO I fervently pray,
that these schools will, under the
divine blessing, be His great instru-
~ ents through the present and after
ages, in adding souls to Him and
His glorious world to come
And to have my intentions and
desires carried out as above express
ed, do hereby give and devise to
two manual labor schools, to be To-
Gated in the free states in the west,
the sum of $4,000 to each of said two
schools; and to prevent all embar-
rassment to executives and execu-
tors, do hereby direct that what
ever portion of the said $4,000 shall
remain unappropriated at my decease,
of the said sum or sums, that all such
deficiencies may be mado up by
transfer Of mortgage loan of the Le-
high Coal and Navigation company ut
par, and Lehigh Crane Iron company
stock at 800 a share, as my said exc
cutors may elect.
''And do hereby direct that the
land for these schools be bought
where / am now in negotiation to
purchase if they can be, v,Z: A tract
OAC tilu q Adll LAllSo oQudlO LII INV \,
near Salem, and tract two miles
square in the Indian reserve, Indi-
ana; and If these tracts cannot be
bought, to buy as near to them in
point, quality, price and healthfulneSs
as can be accomplished, so that not
exceeding one-half the sum Of $4,000
allowed to each place be laid out in
the land and its Improvement, and
the other half in the buildings neces-
sary.
"And to have the care and manage
ment of said schools, it is my desire
that the yearly meeting of Friends
or Quakers, of which l am in unity
in Indiana, and if that becomes Gt
vided as is now proposed, that the
yearly meeting nearest each location
of the schools take charge of them
by a committee, as Western school
is now managed by the yearly meet
ing at Philadelphia.
"And to give further security to the
permanency of the schools, it is my
desire that they be incorporated by
a law from each state in which they
may be located as early as convent
ent, and further 1 order and direct
that the condition of the grant of
land and improvements referred to
for each school, is that, in no case.
or under any circumstances is the
fee simple in the schools granted so
as to subject any of the said land and
Improvements to ever be sold or IN
any way embarrassed or accountable
for any debt the institution or those
having charge of the institution or
either of them may engage in; so
that the annual income from the
estate of the school year be account
able for its debts for that year. And
it shall be the duty Of the trustees
of said school to carry into effect the
wishes of said testator, as above ex-
pressed, as far as practicable"
Land is Selected.
Mr.. Whites agents purchased LAO
acres of land in Cedar township, this
county, near Salem.
1t would seem that from the time
Mr.. Whites magnificent bequest to
the poor people of the United States
became operative, up to the time OF
the decree of Judge Bank, rendered
in 1908, the Iowa yearly meeting OF
Friends failed to comprehend and
appreciate the breadth and scope OF
the charity entrusted to them. The
farm first was rented to the state for
use as boys reform school, after
which time Quaker by the name OF
Miles. with the consent Of the Iowa
meeting, contracted with the United
States government for the care of
large body of Indians on the farm.
After the expiration of Miles con-
tract the farm was again rented to
the state of Iowa for use as girls
reformatory and was so occupied I'M
til the completion OF the Mitchelville
institution. rNsvyss -, 80
In 1908 suit was brought in the dis
trict court Of Lee county at Fort
Madison, in which number of resi-
dents of the institute, many of them
affiliated with the Friends church,
were plaintiffs, and in which suit 1t
was claimed that the trustees of the
institute, the Iowa yearly meeting OF
Friends and the superintendent ap-
pointed by them were diverting the
trust funds and violating and wholly
the trust created by the
will. and it was asked that they be
removed as trustees, and that the
of the farm be taken out
of the hands of the trustees and OF
the Iowa syearly meeting of Friends,
and that suitable trustees and mana
gers be appointed by the court.
The defendants admitted that they
had not been keeping any children in
school on the farm, but claimed that
It was not practicable at the time of
the bringing of the suit or for num-
Der of years prior thereto 20 admin
lister the trust in the specific manner
provided therein, because of the
changed conditions of the community
and the development of the country
at large - sa~
H. M. Byers, as attorney general,
filed an intervening petition, making
himself a party plaintiff. and asked
for the same relief as was sought by
the other plaintiffs.
Judge Bank rendered a decree
finding that it was the intention of
Josiah White to establish and per-
petually maintain a manual labor
school on the premises in question
and that it was his. intention to main
tain upon the farm ZONE for so
many children, white, coloIed and In
L., - e x,