JOURNAL OF PROCEEDINGS. XIII 



erection has been put up south of this building. This will enable the 

 apparatus to be used, but it is not the " observatory " in question, which, 

 if Congress makes the necessary appropriation, will probably be erected 

 at some future time in some suburban site under the Regents' control. 



In this connection he presented a copy of the will of the late Dr. 

 Jerome H. Kidder, and letters from bis executor, accompanied by a 

 copy of an unsigned codicil. The Secretary stated that Dr. Kidder was 

 a former officer of the U. S. Navy, who several years ago made a be- 

 quest of $10,000 to the Smithsonian Institution to be employed for 

 certain biological purposes. Dr. Kidder afterwards informed the Sec- 

 retary that owing to changes in his domestic circumstances, he had 

 reduced the amount to $5,000 and changed the purpose of the bequest, 

 which lie was desirous to see applied to tlie astro-physical observatory 

 in question. It appears however that thciugh this was well known 

 to Dr. Kidder's family and friends to be his deliberate purpose, he did 

 not actually execute this provision to his will, but having ordered a 

 codicil to that effect to be drawn, was stricken with so sudden an ill- 

 ness that he was unable to sign it. (The Secretary read two letters 

 from the executor stating, in substance, that the family would cheer- 

 fully pay the $10,000, but that it earnestly desired to see this sum 

 applied to the astro-physical observatory, in which Dr. Kidder's whole 

 interest was lately engaged.) 



After the clauses of the will and the codicil had been read a discus- 

 sion followed, from which it appeared to be the opinion of the Board 

 that if the Regents accepted, in accordance with the wishes of the 

 family and the executors, the deliberate purpose of the testator in re- 

 gard to the object of the bequest, they should be guided by this pur- 

 pose also in regard to the amount which they should receive. 



Mr. Morrill then offered the following preamble and resolution, which 

 was adopted : 



Whereas the late Jerome H. Kidder having, in a will drawn up 

 some years before his death, bequeathed the sum of $10,000 to the 

 Smithsonian Institution for purposes connected with the advancement 

 of science, did in a codicil to said will, drawn under his direction during 

 his last hours, but which his sudden death prevented liim from execu- 

 ting, reduce the amount of his bequest to $5,000, which he desired 

 should be applied toward the establishment of an astro-physical obser- 

 vatory : It is 



Resolved, That the Executive Committee of the Board of Regents 

 be authorized to accept, as finally and decisively indicative of the wishes 

 of the testator the provisions of the codicil bequeathing $5,000 for the 

 l)urpose of an astro-physical observatory, and that they be authorized 

 to decline to accept from his executors more than this sum ; provided, 

 however, that before doing so they can receive sufficient assurance that 

 the Institution will be protected against any liability. 



The Secretary exhibited recently prepared sketch plans for a new 

 Museum building, and called the attemion of the Regents to their rec- 

 ommendation to Congress, in January, 1883, of the need of enlarge- 

 ment. 



