610 CONGRESSIONAL PROCEEDINGS. 



over the whole income of the fund, except only such portion 

 of it as had been appropriated, or should be required for 

 purposes provided by the act. To determine the extent of 

 this discretionary power, it becomes necessary then to ascer- 

 tain what appropriation had been made, and what purposes 

 were provided by the act. 



It directs the selection of a lot and the erection of a suit- 

 able building, but does not limit the amount of expenditure, 

 nor make any appropriation for it. It provides " that in 

 proportion as suitable arrangement can be made for their 

 reception," the several objects speciiied in the 6th section 

 shall be delivered to the order of the Board of Regents, and 

 requires the arrangements and classification of them. 



It directs the regents to appropriate " from the interest of 

 said fund a sum not exceeding an average of $25,000 annually 

 for the gradual formation of a library," and then places the 

 whole residue of the increase of the fund at their disposal. 

 Can this be doubted? For the various purposes provided 

 by the act no appropriations are made. The library forms 

 the only exception, and the sole limit of the discretionary 

 power of the regents over appropriations for a library is 

 that they shall not exceed an animal average of $25,000. 

 Within that limit their discretion is full and entire. Sup- 

 pose any appropriation made in any given year for the 

 gradual formation of a library, can any one doubt that the 

 regents have the power to make such an appropriation or so 

 to limit it? And is there any reason why they might not 

 limit the appropriation to a still smaller sum ? They might, 

 indeed, be liable to the charge of evading the law, if those 

 appropriations were for mere nominal sums, so that in the 

 course of a series of years no sensible progress could be 

 made in the gradual formation of a library. But this is an 

 extreme case, from which no argument can be drawn against 

 their discretion to limit the appropriation for a library, while 

 intending in good faith to provide for its gradual formation. 



Then suppose them to apply an amount sufficient to meet 

 all the expenses necessarily resulting from the provisions of 

 the act, still there would remain a considerable sum not ap- 

 plied to any purpose. If the Board of Regents believe that 

 its application to scientific researches and their publication 

 be " best suited for the promotion of the purposes of the 

 testator," can it be doubted that they would have the right 

 so to apply it ? 



The ninth section of the act gives this power in full. 

 When they have met the current expenses of the institu- 

 tion, from time to time made the necessary appropriations 



