October 20, 1905.] 



SCIENCE. 



483 



in view of the fact tliat there was no possi- 

 bility of expending the income in the pre- 

 cise manner contemplated by Count Rum- 

 ford, application was made in 1831 to the 

 Supreme Court of the Commonwealth of 

 Massachusetts for relief, if such should be 

 possible. 



The court issued a decree which modified 

 the possible disposition of the income of 

 the fund in such a manner as to increase 

 its usefulness while keeping entirely within 

 the spirit of the original gift, saying in 

 part as follows: 



It further appears that the said donation Avas 

 made to the American Academy for a general pur- 

 pose of charity, that, namely, of promoting a use- 

 ful branch of science for the benefit of mankind; 

 that the academy accepted the same, upon the 

 terms stated, and for the purposes contemplated 

 by said donation, and are now under obligation 

 to carrj' the general intent of the donor into 

 effect, as far as it is practicable to do so. It 

 further appears, that, in consequence of the im- 

 pediments set forth in the bill, it is impracticable 

 for the academy to carry the general charitable 

 intent of the donor into effect in the exact and 

 precise mode specified by him; but, considering 

 the general and primary intent of Count Rumford 

 to have been to aAvaken and stimulate the in- 

 genuity, and encourage the researches and experi- 

 ments of individuals on the continent or the 

 ishmds of America to make important discoveries 

 or useful improvements upon the subjects of light 

 and heat, and to cause them speedily to be pub- 

 lished for the good of mankind, it does appear 

 to the court that it is quite practicable for the 

 academy to accomplish and carry into effect the 

 general charitable intent and jjurpose of Cormt 

 Rumford by some slight alterations in the mode 

 particularly prescribed by him for carrying the 

 same into effect. 



It is therefore by the court ordered, adjudged 

 and decreed, for the reasons set forth in the bill, 

 that the plaintiff's be, and they are by the au- 

 thority of this court, empowered to make from 

 the income of said fund, as it now exists, at any 

 annual meeting of the academy, instead of bi- 

 enniallyj as directed by the said Benjamin Count 

 Rumford, award of a gold and silver medal, being- 

 together of the intrinsic value of three himdred 

 dollars, as a premium to the author of any im- 

 portant discovery or useful improvement on heat 



or on light which shall have been made and pub- 

 lished by printing or in any way made known 

 to the public, in any part of the continent of 

 America, or any of the American islands, pre- 

 ference being always given to such discoveries as 

 shall, in the opinion of the academy, tend most 

 to promote the good of mankind; and to add to 

 such medals as a further reward and premium of 

 such discovery or improvement, if the plaintiffs 

 see fit so to do, a sum of money not exceeding 

 three hundred dollars. 



And it is further ordered, adjudged and decreed, 

 that the plaintiffs may appropriate from time to 

 time, as the same can advantageously be done, 

 the residue of the income of said fund hereafter 

 to be received, and not so as aforesaid awarded in 

 premiums, to the purchase of such books and 

 papers and philosophical apparatus (to be the 

 property of said academy) and in making such 

 publications or procuring such lectures, experi- 

 ments, or investigations, as shall in their opinion 

 best' facilitate and encourage the making of dis- 

 coveries and improvements which may merit the 

 premium so as aforesaid to be by them awarded. 

 And that the books, papers and apparatus so 

 purchased shall be used, and such lectures, experi- 

 ments and investigations be delivered and made, 

 either in the said academy or elsewhere, as the 

 plaintiffs shall think best adapted to promote 

 such discoveries and improvements as aforesaid, 

 and either by the Rumford Professor of Harvard 

 University or by any other person or persons, as 

 to the plaintiffs shall from time to time seem 

 best. 



In considering this action of the court, 

 Dr. George E. Ellis, the biographer of 

 Count Rumford, makes the following com- 

 ment : 



It is easy to express the obvious suggestion, 

 that the enlargement and direction thus allowed 

 by judicial decision to the use of the trust fund 

 committed by Count Rumford to the academy, for 

 one specified and well-defined object, exceed any 

 possible construction that can be put upon the 

 liberal terms of his deed of gift. But it is just 

 as easy to meet the suggestion by affirming that 

 the judicial decree has in A'iew, and aims, it may 

 even be said, most conscientiously to fulfil the 

 intent of the donor. Under its decision the 

 academy may make the munificence of Count Rum- 

 ford most serviceable at the fountain-head and 

 sources of that scientific development which alone 

 can secure bienniallv, or at longer or shorter in- 



