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FIFTH ANNUAL REPORT OF THE DIRECTOR, 21 



o 



School of Botany shall be appointed from the Garden staff, 

 or on the nomination or with the approval of the Trustees 

 of the Garden ; and to prevent the School from suffering 

 from too great depreciation of its endowment, it is pro- 

 vided that whenever the net income of the School shall 

 fall below $3,500, the Board of Trustees shall pay over to 

 the University such sum as may be required to make the 



annual income $3,500. 



When the School of Botany was opened, in 1885, its 

 income was something over $5,000 per year,* but subse- 

 quently the revenue property was vacant and it was found 

 impossible to again so rent it as to secure even the mini- 

 mum of $3,500 specified by Mr. Shaw.f Question havii 

 been raised as to the authority of the Garden Board to 

 make good the deficit in the manner indicated in the will of 

 Mr. Shaw, because of his having transferred to Washington 

 University during his life-time, the endowment property 

 mentioned in the will, but for the purposes therein speci- 

 fied, t the instruction of the courts was asked, and on the 

 twentieth of February last, an opinion was handed down by 

 Judge Valliant, of the Circuit Court, authorizing the Board 

 to make good such deficit in the future, and embodying 

 a decree covering the amount of the deficit up to that date. 

 This opinion, therefore, insures the maintenance of the 

 School of Botany on the basis contemplated and intended 



by Mr. Shaw. 



As a result of a conference between the managing boards 

 of the University and the Garden, a readjustment was 

 made of the proportion of the Director's salary paid 

 respectively by the Garden, and by the University for 

 services as head of the School of Botany, which liberates 

 a considerable sum each year, previously paid on that sal- 

 ary, but now set free for other uses of the School. During 

 the present vear the surplus will be lanrelv spent in secur- 



* First Report, page 60. 

 t Second Report, page 19. 

 X First Report, page 61. 



