Joseph P. Bradley

“ When a business corporation, instituted for the purposes of gain or private interest, is dissolved, the modern doctrine is that its property, after payment of its debts, equitably belongs to its stockholders. ”

“ It is a matter of public notoriety that its emissaries are engaged in many countries in propagating this nefarious doctrine, and urging its converts to join the community in Utah. The existence of such a propaganda is a blot on our civilization. The organization of a community for the spread and practice of polygamy is, in a measure, a return to barbarism. ”

“ This prerogative of parens patriae is inherent in the supreme power of every state, whether that power is lodged in a royal person, or in the legislature, and has no affinity to those arbitrary powers which are sometimes exerted by irresponsible monarchs to the great detriment of the people, and the destruction of their liberties. On the contrary, it is a most beneficent function, and often necessary to be exercised in the interests of humanity, and for the prevention of injury to those who cannot protect themselves. ”

“ Where a charitable corporation is dissolved, and no private donor or founder appears to be entitled to its real estate, (its personal property not being subject to such reclamation,) the government or sovereign authority, as the chief and common guardian of the state, either through its judicial tribunals or otherwise, necessarily has the disposition of the funds of such corporation, to be exercised, however, with due regard to the objects and purposes of the charitable uses to which the property was originally devoted, so far as they are lawful, and not repugnant to public policy. ”

“ The law respecting property held for charitable uses of course depends upon the legislation and jurisprudence of the country in which the property is situated and the uses are carried out; and, when the positive law affords no specific provision for actual cases that arise, the subject must necessarily be governed by those principles of reason and public policy which prevail in all civilized and enlightened communities. The principles of the law of charities are not confined to a particular people or nation, but prevail in all civilized countries pervaded by the spirit of Christianity. ”

“ As to these, the ancient and established rule prevails, namely, that when a corporation is dissolved, its personal property, like that o a man dying without heirs, ceases to be the subject of private ownership, and becomes subject to the disposal of the sovereign authority; while its real estate reverts or or escheats to the grantor or donor, unless some other course of devolution has been directed by positive law, though still subject, as we shall hereafter see, to the charitable use. ”

“ If it should be conceded that a case like the present transcends the ordinary jurisdiction of the court of chancery, and requires for its determination the interposition of the parens patriae of the state, it may then be contended that, in this country, there is no royal person to act as parens patriae, and to give direction for the application of charities which cannot be administered by the court. ”

“ The state has a perfect right to prohibit polygamy, and all other open offenses against the enlightened sentiment of mankind, notwithstanding the pretense of religious conviction by which they may be advocated and practiced. ”

“ The question, therefore, is whether the promotion of such a nefarious system and practice, so repugnant to our laws and to the principles of our civilization, is to be allowed to continue by the sanction of the government itself, and whether the funds accumulated for that purpose shall be restored to the same unlawful uses as heretofore, to the detriment of the true interests of civil society. It is unnecessary here to refer to the past history of the sect; to their defiance of the government authorities; to their attempt to establish an independent community ”

“ The manner in which the due administration and application of charitable estates is secured, depends upon the judicial institutions and machinery of the particular government to which they are subject. In England, the court of chancery is the ordinary tribunal to which this class of cases is delegated, and there are comparatively few which it is not competent to administer. Where there is a failure of trustees, it can appoint new ones ”

“ If it did not absolutely repeal the charter of the corporation, it certainly took away all right or power which may have been claimed under it to establish, protect, or foster the practice of polygamy, under whatever disguise it might be carried on; and it also limited the amount of property which might be acquired by the Church of Jesus Christ of Latter-Day Saints, not interfering, however, with vested rights in real estate existing at that time. If the act of July 1, 1862, had but a partial effect, congress had still the power to make the abrogation of its charter absolute and complete. ”

“ The territorial legislature, in like manner, in the first section of the act regulating procedure, approved December 30, 1852, declared that all the courts of the territory should have 'law and equity jurisdiction in civil cases.' In view of these significant provisions, we infer that the general system of common law and equity, as it prevails in this country, is the basis of the laws of the territory of Utah. ”

“ The non-forfeited property will be subject to such disposition only as may be required by the law of charitable uses, while the forfeited and escheated property, being subject to a more absolute control of the government, will admit of a greater latitude of discretion in regard to its disposition. As we have seen, however, congress has signified its will in this regard, having declared that the proceeds shall be applied to the use and benefit of common schools in the territory. ”

“ It is true that, in some of the states of the Union in which charities are not favored, gifts to unlawful or impracticable objects, and even gifts affected by merely technical difficulties, are held to be void, and the property is allowed to revert to the donor or his heirs or other representatives. ”

“ A leading and prominent principle prevailing in them all is that property devoted to a charitable and worthy object, promotive of the public good, shall be applied to the purposes of its dedication, and protected from spoliation and from diversion to other objects. ”

“ In that year one was organized, and its parson laid claim to the glebe lands, and leased them to Clark and others. Of course, this church had never been connected with the 'Church of England as by law established;' and the institution of such a church in 1802 was impossible, and would have been contrary to the public policy of the state. Meantime, in 1794, the legislature had granted the glebe lands to the several towns to be rented by the selectmen lectmen for the sole use and support of public worship, without restriction as to sect or denomination. ”

“ It was not necessary to resort to the condition imposed by the act of 1862, limiting the amount of real estate which any corporation or association for religious or charitable purposes was authorized to acquire or hold ”

“ The best interest of these persons, and justice to other persons, often require that such sales should be made. It would be attended with incalculable mischiefs, injuries, and losses if estates in which persons are interested, who have not capacity to act for themselves, or who cannot be certainly ascertained, or are not in being, could, under no circumstances, be sold, and perfect titles effected. ”

“ In the Pandects of Justinin we find cases to the same effect as those referred to, antedating the adoption of Christianity as the religion of the Empire. Among others, in the Digest, (liber 33, tit. 2, law 16,) a case is reported which occurred in the early part of the third century, in which a legacy was left to a city in order that from the yearly revenues games might be celebrated for the purpose of preserving the memory of the deceased. ”

“ The practice of suttee by the Hindu widows may have sprung from a supposed religious conviction. The offering of human sacrifices by our own ancestors in Britain was no doubt sanctioned by an equally conscientious impulse. ”