The Semi-weekly leader., 1922-10-04
PEOPLE TO VOTE ON
MORTMAIN CLAUSES
Change in Constitution viii BE
Submitted at Polls in
November.

Secretary OF State j. w. Power has
issued a proclamation setting forth
that the petition asking that amend
ments to sections 269 and 270 of the
constitution, otherwise known as the
Mortmain Law, are sufficient, and
the question will be submitted to the
/ people for ratification or rejection
/ at the November election.
This is a movement launched by
some of the Protestant church
leaders of the state, and other
prominent citizens.
The changes, If made, virtually
repeal the Mortmain Law, placed in
/ the constitution in 1890, and the
! trainers of that document had as
4 their frank object preventing per-
sons from cutting off relatives in
their last wills and bequeathing pro-
perty to churches or chaitable or
I ganizations.
In reality, the clause aimed at the
Catholic church, but it works both
ways, and effects likewise Protest
ants, often to the detriment of re-
ligious causes.
Section 269 of the constitution is
the same as Article 55, and Section
270 the same as Article Sc of Chap
ter 35, Code 1857, and were simply
brought forward and made organic
instead of statutory by the consti-
tuition of 1890. The essential diff
ferences between the two sections
may be summarized as follows:-
1. The former relates to lands,
tenements, or hereditaments or any
interest therein, etc., while the lat
1 ter relates to money or personal
property, or any interests therein" f"
etc.
2. Under the former section, de-
vises of land, or Of money to be
raised by the sale thereof, to per-
sons or bodies polite, to be applied
/ to charity uses, are prohibited. I'm
/ der the latter section "bequests of
money or personal property to such
persons or bodies polite for chari-
table uses are not forbidden.
8. A devise. by resident of this
state, of lands in another state, if
not prohibited by the laws of that
state, may be sold and proceeds here
of devoted to charitable purposes in
this state.
4. Both sections apply to wills
executed us well before as after their
adoption.
WILL MAKE FIGHT.
Although there has been for sew
eral years an agitation for repeal
of the Mortmain Law, this is the
first time the question has ever been
submitted to the people, and it is
expected that there will be lively
discussion of the issue within the
next thirty days. While the move
ment is backed by some of the fore
most church leaders in the state,
the legislature two years ago re-
fused to consider the proposed
amendment, and there are some able
lawyers, who are against the re-
peal Judge R. H. Thompson of this
city, in discussion of the subject
says:-
II am opposed to Constitutional
amendments generally and especial
| ly of amendments along the refer
endum route. The Mortmain pro-
visions of the Constitution, in my
opinion, do no harm; they may do
some good and their repeal will ac-
complish no beneficial results to the
public. They do not prevent a con-
veyance by deed of property to re-
| ligious or ecclesiastical corporations
or societies, and the grantors may
reserve right in themselves to en-
joy the property have it's possession
Tand reap its rents and profits during
their lives, OF course such deeds to
be valid must invest the grantees
with title to the reversion taking eff
feet on delivery of the deed and must
be irrevocable by the grantors.
On the other hand, advocates of
the proposed repeal stoutly con-
tend that if the clauses are useless
as friends contend, there is no reas-
on why they should continue to ex-
list in the constitution; that as a
matter of fact, churches and charit-
able organizations can be vastly
benefited in many instances if they
are removed, as the law prevents
many persons from giving to these
causes who would otherwise do so.
SECTION AS AMENDED.
The proclamation issued by Secre-
tary Power shows that Section 269
as it would read if amended by the
people as follows:-
Section 269 Every devise or be-
quest of lands, tenements or he
reditaments, or any interest therein
of freehold or less than freehold,
either present or future, vested or
contingent, or of any money direct
ed to be raised by the sale thereof,
contained in any last will and testa-
ment, or codicil, or other testament
tary writing, executed less than six
/ fn APk 40
testator or testatrix in favor of any
religious or ecclesiastical corpora
ton, sole or aggregate, or any re-
ligious or ecclesiastical society, or
to any religious denomination or
association of persons, or to any
person or body polite, in trust,
either express or implied, secret or
resulting, either for the use and
benefit of such religious corpora
ton, society, denomination or asso-
citation, or for the purpose of being
given or appropriated to charitable
uses or purposes, shall be null and
void, and tne heir at law shall take
the same property so devised or be-
lqueathed, as though no testament
airy disposition had been made. Any
lands, tenements, hereditaments, or
any interest therein, acquired by any
such religious or ecclesiastical cor
poration, society, denomination OF
association, under, through and by
/ virtue of any last will and testament
shall be sold and disposed of within
three years from the date of its ac-
QUESTION by the legatee, and If not
SO sold and disposed of the same shall
revert to the heir at law of the tes-
tator or testatrix provided, however
that the chancery court, upon the pc
tition of the legatee may, for cause
lshown. extend the time within which
such sale or disposition shall be
made"
| Section 270, as amended, would
read as follows:-
Section 270. Every legacy, or be-
quest of money or personal proper
ty, or Of any interest. benefit OF
use therein, either direct, implied OF
otherwise, contained in any last will
and testament or testator or tesla.
fess 4r. So S-@s-<