October 19, 1917] 



SCIENCE 



379 



not a condition, that in case such proceeds, profits 

 or returns amount to a sum sufiicient to justify it, 

 such research work be conducted in part in Aus- 

 tralia, either under the auspices of some institution 

 of learning there or otherwise. The party of the 

 second part shall direct such research work in con- 

 sultation with the men hereafter named as the first 

 members of the board of directors of the Institute 

 of Medical Research whose creation is hereinafter 

 provided for and their successors. The party of the 

 second part shall have the right, subject to the pro- 

 visions of subdivisions (a) and (6) preceding, to 

 expend such proceeds, profits or returns on such 

 research work either in whole or in part, holding 

 and investing such accumulation as a fund and ex- 

 pending the income of such fund in the mainte- 

 nance of research work: 



Provided, however, that in case at any time such 

 proceeds, profits or returns are sufficient in the 

 judgment of the party of the second part to justify 

 it, it shall create an Institute of Medical Research 

 which shall, under the immediate direction of a 

 board of directors of five members subject to the 

 supervisory control of the party of the second part, 

 carry on and direct the work of research men- 

 tioned. Such Institute, if created, shaU also be 

 authorized to conduct other kindred lines of re- 

 search with funds received or appropriated by the 

 party of the second part for that purpose from 

 other sources, and particularly from the utilization 

 of other discoveries transferred by the discoverers 

 to the party of the second part, provided that in 

 case of conveyance to or acquisition by the party 

 of the second part of other discoveries or patents 

 or rights from which and from the discovery pat- 

 ents and rights hereby conveyed, come proceeds 

 which are joint to both, the party of the second 

 part shall be the sole judge as to the relative pro- 

 portion of such joint proceeds as are attributable to 

 each of the joint sources thereof. Such board of 

 directors shall in the first instance be composed of 

 P. P. Gay, H. M. Evans, G. H. Whipple, C. L. A. 

 Schmidt, and the party of the first part. Any va- 

 cancy in said board shall be filled on the nomina- 

 tion of the remaining members approved by the 

 party of the second part. The directors shall be 

 persons themselves engaged directly and primarily 

 in research work either of the character mentioned 

 or of some kindred character, and upon their ceas- 

 ing to be so engaged they shall be under obliga- 

 tion to resign as such directors, and if they do not 

 resign their positions shall be declared vacant by 

 the ijarty of the second part and upon such declara- 

 tion shall be vacant. The position of any director 



shall become vacant upon his attaining the age of 

 sixty (60) years unless the party of the second 

 part shall, for strong reasons existing in the par- 

 ticular case, extend his term of office. 



II 

 The party of the second part accepts the forego- 

 ing grant and conveyance upon the trust above set 

 out. 



In Witness Whereof the party of the first part 

 has hereunto signed his name and the party of the 

 second part has by its officers thereunto duly au- 

 thorized hereunto signed its corporate name and 

 affixed its corporate seal all on the day and year 

 first above written. 



T. Brailsford Robertson, 

 The Regents of the University of 

 California, 

 By Wm. D. Stephens, 

 Governor of the State of California, and ex- 

 officio President of the Regents of the Uni- 

 versity of California, 



By V. H. Henderson, 

 Secretary of the Regents of the University 

 of California 



SCIENTIFIC EVENTS 

 JOSEPH YOUNG BERGEN 



Joseph Young Bergen, author of several 

 well-known text-books of botany and physics, 

 died at his home in Cambridge, Mass., on Oc- 

 tober 10. Born at Red Beach, Maine, on Feb- 

 ruary 22, 1851, he spent his youth in Ohio, 

 where in 1872 he graduated from Antioch Col- 

 lege, and where in connection with the State 

 Geological Survey he performed his first 

 scientific work. In 1876 he married Fanny 

 Dickerson, who has collaborated with him iu 

 the production of several of his papers on evo- 

 lution and Darwinism, and who herseK has 

 made notable contributions to the literature of 

 American folklore. In 1887 Mr. Bergen be- 

 came teacher of physics in the Boston Latin 

 School and later for many years he was in- 

 structor in biology in the Boston English High 

 School. 



In 1891, in collaboration with Professor E. 

 II. Hall, of Harvard University, he brought 

 out " A Text-book of Physics.' ' This had 

 passed through subsequent editions in 1897 

 and 1903, and is still widely used in secondary 

 schools. 



