Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1830-05-19

uttermost farthing it is made payable
by law Of equal force and validity with
that which secures to us the towns pro-
portion Of the $4,000 exacted from
banks of equal validity with that which
requires auctioneers to pay duty of Ia
pr. cent. to the towns on Auction sales of
Foreign Goods; besides, considerable
number Of retailers-now that they un-
derstand that the money drawn from them
for licenses is to go to the support ofpublic
schools, have already taken or applied
for their licenses, and it is highly prob
able that most, if not all of them will vol
UNFAIRLY do so. The rent of the ioun-
marsh adjoining the beach was also men
toned as another source of income to the
town, estimated for the present year at
$40. There would be no difficulty it is
believed, in renting it for much larger
sum per annum, provided the town would
consent to let it for ten or twelve years
at time, allowing the tenant to enclose
it by fence, and to remove such fence
On the expiration of his lease; in fact
$50 dollars per annum is now offered
for it on these terms and it is submitted
to you as Freeinen of the town, if that
would not be the most expedicnt man.
ner oftreating that portion of the towns
property.
l will now pass to the consideration Of
the next topic, advanced in the remon-
sirance, viz: that 'the new scheme of ex-
tension will occasion an application of
charitable donations contrary 10 The in
tent of the benevolent donors" This
charge if it has any application to the
subject at all, must apply either to the
Long-,cha,f funds, or to the Constant Ia
Der legacy, they being the only funds of
a charitable character now enjoyed by
the town; and having already made such
remarks on the former, as seemed to me
necessary to show that no misapplication
of that was contemplated or likely to en-
sue, l will now ask your attention a mo-
mcnt to the Iaber Fund.
On the 18th ofNov. 1917, the late Mr..
Tabcr, made aWill, and therein bcqucath-
ed ''to the Trustees of the Public School
kept in the house given by Colonel Sim
con Potter for that purpose, thirty shares
of United States Bank Stock, the divi-
dends thereon to be semi-annually drawn
by the Trustees, and applied to and for
the Education of the poor children that
said Trustees should place in said school.
In a Codocil to his Will, published the
2fth of March, 1896, herevokes that be-
quest, and creates a new disposition of
his property in these words
"Whereas in my said last Will and Testament,
| gave and bequeatbed to the trustees of the Pub
lie School kept in the house given by Col. Simeon
Potter thirty shares of United States Bank Stock,
to and for the use Of said School: My viii is, that
instead of said thirty shares of United States Bank
Stock, give and bequeath the sum of one thousand
five hundred dollars to and for the use of the Gen
erai Free Schools which are or may be established
III the town of Newport, said former bequcst to be
null and vOd.''
You will perceive from the wording of
the two bequests, that when he speaks
ofthe school in Washington street, found
cd by Col. Potter, in both instances he
calls that Public School, and when he
makes the legacy in his Codocil, he ex-
pressly takes the property away from a
Public School and gives it to and for the
use of the general Free Schools of this
town-so that he did not intend it for the
support of any particular public school,
but as an aid to free school system OF
education-and the application of that
fund being limited to the Mill street
school, is palpable misapplication OF
the fund, and in open opposition to the
"intem Of the Jenepolem Donor"
But how would the case stand provided
free school was established in town.
Would it not justly be entitled to partici-
pate in the avails of that fund? Would i,
be at all contrary to Mr.. Tabcr's intcn-
ton, when he has expressly made general
Free Schools the objects of his bounty,
and revoked his bequest made to public
school =?
The school in Mill street is merely q
public school, and would not have been
entitled to the towns proportion Of the