Nonprofit Organizations Law and Policy Third Edition - Libraries ...

SEC. II ORGANIZATIONAL STRUCTURE 39
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and Publishing Society v. Board of Review, 290 Ill. 108, 125 N.E. 7. it
was said that charity, in a legal sense, is not confined to mere
almsgiving or the relief of poverty and distress, but has a wider
signification, which embraces the improvement and promotion of the
happiness of man. A charitable use, where neither law nor public
policy forbids, may be applied to almost anything that tends to
promote the well-doing and well-being of social man." (School of
Domestic Arts v. Carr (1926), 322 Ill. 562, 568-569, 153 N.E. 669,
671.)
In Morgan v. National Trust Bank (1928), 331 Ill. 182, 186, 162 N.E.
888, 890, our supreme court stated that "(t)he test as to whether an
enterprise is charitable is whether it exists to carry out a purpose
recognized in law as charitable or whether it is maintained for gain, profit,
or private advantage. (11 Corpus Juris 303.)" Clearly, the broad legal
concept of charitable purposes embraces the corporate purpose of the
George F. Harding Museum, as set forth in its articles of incorporation.
There can be no question that the intent of Harding was to promote the
well being of social man through the various purposes set forth in the
articles of incorporation. In the establishment of this museum, the express
intent of the donor was the "collection, preservation and exhibition of
ancient and authentic objects illustrating art, science, history, painting,
sculpture, * * * to found, maintain and operate a museum for the
exhibition of the collection; * * *." It is obvious that George F. Harding
did not intend to distinguish between educational and charitable purposes.
* * * Indeed, except for the sophistical reading of the purpose clause of
the articles of incorporation suggested by defendants, whose interests in
this case could be adverse to the original intentions of George F. Harding,
there is nothing in the record to even suggest that the George F. Harding
Museum was intended to be an educational institution. For all these
reasons we conclude it was error for the trial court to grant defendants'
motion to dismiss the complaint.
* * *
Accordingly, the circuit court of Cook County's judgment that the Act
is constitutional is affirmed. The circuit court's judgment that the Act is
inapplicable to defendants is reversed.
QUESTION
The court in George F. Harding Museum assumed that the Attorney
General has common law powers and duties to enforce charitable trusts and
to see to the application of their funds to their intended charitable uses. Does
the Attorney General of a state have "inherent" power to regulate all
nonprofit organizations?