THIRTY-THIKD CONGEESS, 1853-1855. 575 



opinion of the members of the Board of Regents at their first meeting. 

 These difi'erences of opinion were compromised at the organization of 

 the Institution by a resokition, which the Regents have lately repealed. 



That resolution provided, prospectively and on a contingency 

 which may be said to have just occurred — -the completion of the Smith- 

 sonian building, for an equal division of the fund committed to the 

 care of the Board of Regents between the two objects above stated — a 

 national library, museum, and gallery of art on the one hand, and 

 researches, publications, and lectures on the other. 



This compromise resolution has been repealed b}' the Board of 

 Regents during their present session, and instead of it they have 

 adopted the following: 



Resolved, That hereafter the annual appropriations shall be apportioned specifically 

 among the different objects and operations of the Institution in such manner as may, 

 in the judgment of the Regents, be necessary and proper for each, according to its 

 intrinsic importance, and a compliance in good faith with the law. 



The adoption of this resolution was followed b}' the resignation of 

 Mr. Choate, one of the Regents, and in his letter of resignation, 

 addressed to the Speaker of the House, he assumes that the act of 

 Congress presented a rule of appropriation which is set aside by the 

 resolution. Whether the Board of Regents or Mr. Choate are right 

 in this respect must be determined by a reference to the act of Congress. 



When it had created the Institution, given it a corporate name, 

 invested it with certain powers, subjected it to specific restrictions, 

 provided for the erection of a suitable building, and directed an annual 

 appropriation not exceeding $:25,000 for the gradual formation of a 

 library, it proceeded to declare that of any other moneys accrued or 

 to accrue as interest on the fund, not otherwise appropriated nor 

 required for the purposes therein provided, the managers were thereby 

 "authorized to make such disposal as they shall deem best suited for 

 the promotion of the purposes of the testator, anything therein con- 

 tained to the contrary notwithstanding.'' 



Beyond any reasonable controversy, here is a discretionary and 

 controlling power given to the Board of Regents 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 deter- 

 mine the extent of this discretionary power it becomes necessary, then, 

 to ascertain what appropriation has been made and what purposes 

 were provided by the act. 



It directs the selection of a lot and the erection of a suitable build- 

 ing, 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 

 specified in the sixth section shall be delivered to the order of the 

 Board of Regents, and requires the arrangements and classification 

 of them. 



