Evolution and Ethics, and Other EssaysHuxley, Thomas Henry
Philosophy
Evolution and Ethics, and Other Essays
Huxley, Thomas Henry
Capital; Ethics, Evolutionary; Salvation Army
In referring to the course of action adopted by "General" Booth and
Mr. Bramwell Booth in respect of their legal obligations to other
persons, or to the criminal and civil law, I have been as careful as I
was bound to be, to put any difficulties suggested by mere lay
commonsense in an interrogative or merely doubtful form; and to
confine myself, for any positive expressions, to citations from
published declarations of the judges before whom the acts of "General"
Booth came; from reports of the Law Courts; and from the deliberate
opinions of legal experts. I have now some further remarks to make on
these topics.
I. The observations at p. 305 express, with due reserve, the
impression which the counsel's opinions, quoted by "General" Booth's
solicitors, made on my mind. They were written and sent to the printer
before I saw the letter from a "Barrister NOT Practising on the Common
Law Side," and those from Messrs. Clarke and Calkin and Mr. George
Kebbell, which appeared in the "Times" of February 3rd and 4th.
These letters fully bear out the conclusion which I had formed, but
which it would have [313] been presumptuous on my part to express,
that the opinions cited by "General" Booth's solicitors were like the
famous broken tea-cups "wisely ranged for show"; and that, as Messrs.
Clarke and Calkin say, they "do not at all meet the main points on
which Mr. Hatton advised." I do not think that any one who reads
attentively the able letter of "A Barrister NOT Practicing on the
Common Law Side" will arrive at any other conclusion; or who will not
share the very natural desire of Mr. Kebbell to be provided with clear
and intelligible answers to the following inquiries:--
(1) Does the trust deed by its operation empower any one legally to
call upon Mr. Booth to account for the application of the funds?
(2) In the event of the funds not being properly accounted for, is
any one, and, if so, who, in a position to institute civil or criminal
proceedings against any one, and whom, in respect of such refusal or
neglect to account?
(3) In the event of the proceedings, civil or criminal, failing to
obtain restitution of misapplied funds, is or are any other person or
persons liable to make good the loss?
On December 24th, 1890, a letter of mine appeared in the "Times" (No.
V. above) in which I put questions of the same import, and asked Mr.
Booth if he would not be so good as to take counsel's opinion on the
"trusts" of which so [314] much has been heard and so little seen, not
as they stood in 1878, or in 1888, but as they stand now? Six weeks
have elapsed, and I wait for a reply.
Public-domain text, read in full here on John Shaqi.
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