226 APPENDIX C 



the case, and it should become necessary to consider the 

 deed as an instrument to ensure that the purposes of 

 the founder, whatever they were, shall be permanently 

 respected without regard to the outlook and sympathies of 

 those administering it, it will be found to be curiously 

 impotent. Although, among the intentions of the founder 

 as set forth in the preamble of the Trust Deed, only two 

 objects are referred to, the encouragement of scientific 

 study and research and the payment of students' fees, in 

 the operative part, which embraces the Trust Constitution, 

 a new and totally distinct purpose, technical and com- 

 mercial education, not mentioned in the preamble, is 

 added on to share with scientific study and research, 

 without any specific instruction of the apportionment of 

 the funds for each, this being left to the discretion of the 

 Trustees, the share of the payment of fees purpose alone 

 being strictly defined. So that by concentrating entirely 

 on the new purpose, scientific study and research could be 

 effectively excluded and the first of the two intentions 

 of the founder frustrated. Whether, however, the Trustees 

 could justify doing this on a narrow construction of the 

 deed or not, no reasonable beings could claim that they 

 were thereby carrying out the declared intentions of the 

 founder, as set forth in the Trust Deed. Apart, therefore, 

 from a second Mr Carnegie, willing to take the deed into 

 Court to get it interpreted, the question of the relative 

 share of the different objects set forth must remain more 

 or less open. 



Admitting this, and allowing to the Trustees the most 

 absolute power of discretion, it is still extremely difficult 

 to see how the current uses to which the moneys are being 

 put can be defended. The clause to which the Executive 

 Committee refer does not exactingly or convincingly 

 convey the particular construction which they put upon it 

 and therefore had better be re-quoted : 



" One-half of the net annual income shall be applied 

 towards the improvement and expansion of the Univer- 

 sities of Scotland, in the Faculties of Science and 



