XII JOURNAL OF PROCEEDINGS OF THE BOARD OF REGENTS. 



the committee had examined every account and found them in each 

 instance correct. 



On motion the report was adopted. 



Dr. Welling, in behalf of his colleagues, submitted a resolution rela- 

 tive to income and expenditures, placing the income of the Institution 

 in the hands of the Secretary for his administration. Dr. Welling 

 called the attention of the Eegents to a change in the usual wording 

 of the resolution, by the omission of some words liable to an inter- 

 pretation which might tend to prejudicially limit the activities of the 

 Institution. 



The i-esolution (which had been passed in nearly the form now 

 recommended during earlier years) had since 1888 been framed in the 

 following words: 



Resolved, That the income of the Institution for the fiscal year ending .Tune 



30, , be aijpropriated for the service of the Institution, to he expended hy the 



Secretary with the advice of the executive committee upon the basis of the opera- 

 tions described in the last annual report of said committee, with full discretion on 

 the part of the Secretary as to items of expenditures properly falling under each of 

 the heads embraced in the established conduct of the Institution. 



This language was a departure from the form previously in use, and 

 for the reasons stated (among which were that the words ^'upon the 

 basis of the operations described in the last annual report of said com- 

 mittee" might seem to restrict the Secretary in the discharge of his 

 scientific trusts) the committee offered the following resolution, the 

 propriety of which must be apparent: 



Resolved, That the income of the Institution for the fiscal year ending June 30, 1895, 

 be aiiproiiriated for the service of the Institution, to be expended by the Secretary, 

 with the advice of the executive committee, with lull discretion on the part of the 

 Secretary as to items. 



On motion the resolution was unanimously adopted. 



A modiflcati(m of the act of Congress organizing the Institution, with 

 special reference to the constitution of the Establishment, was discussed 

 at some length in connection with bills introduced in the Senate bear- 

 ing upon the subject by Senators Morrill and Cullom. 



The Secretary stated that his attention had been called to the fact 

 tliat a gentleman, a resident of Washington, Mr. Kobert Stanton Avery, 

 intended to make the Smithsonian Institution his residuary legatee, 

 and had prepared the form of a will, which was submitted. 



The Secretary had satisfied himself that Mr. Avery had had this 

 purpose before him for years, and that the will of which he had just 

 spoken was not an embodiment of any lately entertained or suddenly 

 conceived idea, but the expression of a long-matured purpose. He 

 fnrther stated that Mr. Avery was desirous of knowing whether the 

 liegents were likely to accept his bequest. 



After some discussion the matter was, on motion of Mr. Breckinridge, 

 referred to tlie executive committee with instructions to write to Mr. 

 Avery acknowledging the receipt of the proposed will, thanking him 



