SCIENCE. 



FRIDAY, NOVEMBER 9, 1S80. 



THE LICK TRUST. 



It will be remcmborcd that a certain portion 

 of the large estate of Mr. Lick was to be de- 

 voted to the uses of science. A specific sum 

 of seven hundred thousand dollars was to be 

 expended in tlie purchase of the most powerful 

 telescope attainable, and in the construction of 

 an observator3' on Mount Hamilton; and the 

 unexpended balance of tliis sum was to consti- 

 tute a permanent fund for the maintenance of 

 the observatory. Manj- specific bequests were 

 made for other purposes not scientific ; and 

 after all these specific sums had been paid, it 

 ■was provided that the sum remaining over 

 should be divided between the Society of pio- 

 neers of California and the California academy' 

 of sciences. Science is interested, also, in this 

 last bequest. It will be remembered that many 

 changes of trustees, and also of the form of 

 the gift, were made in the earl}- years of the 

 trust ; and that vexatious suits were entered 

 ^3' supposed heirs of Mr. Lick, which were 

 successively decided by the courts. At pres- 

 ent a definite construction of the deed of trust 

 has been made by the supreme court of Cali- 

 fornia, from which there is naturally no appeal ; 

 and the trustees are acting under tliis construc- 

 tion. 



During the period of years over which the 

 preliminary litigation extended, a great shrink- 

 age in the values of real estate took place in 

 California, as well as elsewhere in the United 

 States. At the end of these litigations, the 

 trustees found themselves in control of much 

 valuable property, which could be sold only at 

 a great loss. If it had been sold at that time, 

 there would have been no monej- left to divide 

 between the pioneers and the academy ; and 

 not onh' this, but some of the specific bequests 

 would have remained unfulfilled : it was there- 

 fore the policy of the trustees to manage the 



No. 40. — 1M3. 



estate carefully, and to sell only to advant.age. 

 In this way only, would the residuar}' legatees 

 receive an}' considerable sum. The estate has 

 certainly been well managed : for from Dec. 1, 

 1876. to Oct. 1, 1883, the aggregate net profits 

 have been §453,458, or over $GG,000 per year. 

 There was no surplus to divide in 187G ; while, 

 at the present time, some $192,000 remains 

 over, free of all specific bequests. It therefore 

 would appear that the trustees have deserved 

 well of science for their careful administration 

 of the trust. 



Tlieir policy has clearly been wise, when 

 looked at without prejudice : but it has not 

 been acceptable to the residuary legatees, 

 since they have not j-et received any immedi- 

 ate l)enefit ; nor can they, under the decision 

 of the court, until the whole estate is settled, 

 and all specific bequests are fulfilled. 



This is no doubt annoying to the academy 

 of sciences, which has so many useful purposes 

 which could be served by an increased income. 

 It is specially annoying to the pioneers, who 

 all came to California in 1849-50, and who, 

 therefore, are all men in middle life. When 

 the French countess heard of the Montgolfiers' 

 balloon ascension, she exclaimed that these 

 men would certainh' invent the art of never 

 dying ; but she added pensively, ' It will be 

 when I am dead.' This is the very natural 

 attitude of the pioneers ; and it is this that 

 has led to a recent savage attack on the 

 trustees, reports of which have appeared in 

 the San Francisco and other papers. These 

 attacks have been directed against the whole 

 action of the trustees, without discrimination. 

 It is, however, clear, that the actions of the 

 trustees must be considered in two ways. 

 Most of their official acts have been done un- 

 der specific directions of the courts of law. 

 These acts are much complained of by the 

 residuar}- legatees : but it is obvious that such 

 complaints are idle ; for, if the trustees had not 

 obeyed the orders of the courts, they would 



