1919.] 
University and Scientific News. 
403 
Addresses have been given as follows :— 
Dr. C. C. Farr, D.Sc., Presidential address, “ Some Physical Discoveries 
of the Past Thirty Years ” ; Hon. G. M. Thomson, F.L.S., “ Naturalization 
of Animals in New Zealand ” ; G. L. Robinson, “ Phases of Practical 
Forestry.’' 
The following papers have been read :— 
June : Dr. D. L. Freeman, N.D.A., “ Silting and Irrigation of Canter¬ 
bury Lands ” ; Professor A. Wall, M.A., “ A Botanical Excursion on the 
Southern Alps.” August : A. E. Rowe, M.Sc., “■ An Attempt to Determine 
the Size of Colloidal Particles by the Rate of Chemical Action ” ; A. E. 
Rowe, M.Sc., “ The Influence of Small Quantities of Alkali or of Alkaline 
Earths Salts on the Solubility in Water of Calcium Carbonate ” ; H. D. 
Broadhead, M.A. (communicated by Dr. Evans), “ The Limitations of 
Scientific Method.” October : W. D. Kirkpatrick, F.R.H.S., “ Idea of 
Annexation and Federation in New Zealand ” ; Professor A. Wall, M.A., 
“ Helichrysum dimorphum Cockayne—A Hybrid.” 
Cawthron Institute. 
The following judgment in relation to the proposed Cawthron Institute 
of Scientific Research was delivered by Mr. Justice Chapman on the 25th 
July, 1919 :— 
Originating summons taken out under the Declaratory Judgments Act, 1908; with 
the object of obtaining answers to certain questions as to the powers of the trustees under 
the will of the late Thomas Cawthron, of Nelson, who died on the 8th October, 1915, 
leaving a will dated 15th December, 1902. 
The plaintiffs are trustees under the will. The trustees appointed by the testator 
are, with the exception of Mr. William Rout, all appointed not by name but by reference 
to the offices held by them—namely, the Bishop of Nelson, the Mayor of Nelson, the 
Chairman of the Waimea County Council, the members of the House of Representa¬ 
tives and Legislative Council for the City of Nelson and Waimea Electorate, and the 
Chairman of the Nelson Harbour Board. As there is no such office as “ member of the 
Legislative Council for the City of Nelson,” that designation was held ineffectual. As 
these bodies are all located in or near Nelson City, the appointments indicate a desire 
on the part of the testator to have as his trustees local men to the extent at least of 
ensuring that they shall be able regularly to meet and attend to the affairs of the trust. 
In other respects there is nothing in the will to lead to the conclusion that it can be 
characterized as a local trust. It is, however, inevitable that in the main the Institute 
created should as to its location become a Nelson institution, and there can be no 
objection to this so long as there is no exclusion of aspirants from els^vhere and no 
departure from a scheme calculated to be of benefit to the Dominion generally. 
In the report of the Commission, to be hereafter referred to, and in the documents 
accompanying it, there is ample evidence that the Provincial District of Nelson affords 
within its boundaries means of studying and carrying on research work connected with 
substantially all the industries of the Dominion, including agriculture in all its branches, 
forestry, mining, and fisheries, and the related sciences of chemistry, geology, metallurgy, 
biology, &c. This is of importance in connection with the project developed in that 
report which is the basis of the originating summons. 
There are in the will numerous bequests to individuals, but the essential part 
creating the trust with which the Court is concerned is very brief, thus : “I will and 
bequeath all other real and personal property belonging to me unto [the trustees.] 
all in trust—and who are all also to be the executors of this my will—for the purchase 
of land and erection and maintenance of an industrial and technical school institute 
and museum to be called the Cawthron Institute.” 
Beyond these words, and such light as may be derived from the mode in which 
the trustees are appointed arid ascertained, there is nothing to guide the Court as to 
the testator’s intentions. 
By this originating summons the following questions are asked :— 
“ 1. What is the true construction and meaning of the following words in the will 
of the above-named Thomas Cawthron (deceased)—-viz. : ‘ An industrial and technical 
school institute and museum ’ ? 
