The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-10-16
MS Of 1--WE hundred each, Of all DR.. Rusn's

editions OF i've hundred each, OF all DR.. Rushs
works, and keep them for sale at cost
btWe respectfully ask, should we, the representa-
tves OF the charitable contributions of several gene
ratOns that have built up the present library hazard
these unnecessarily, by assuming these obligations
before the time that we are required to decide and
before we can possibly know wherewithal we shall
perform them. And for what are we asked to do
this2 Not to save property from being lost to the
cause OF literature but to prevent the existence OF
distinct institution under separate management
This is the worst that can happen, for all that the
executor asks can be attained without this peril. IL
8 the advice Of our Directors that he wishes, and
nat only; he does not agree to he governed by it,
lie could not do so, for he as trustee must act on
his own discretion and how far he will regard these
wishes may be inferred from the attention paid to
tne universal and earnest entreates on the subject
OF location.
These questions are grave, and should be consi-
dered carefully.
In asking you to vote negatively on the first
luton we are doing what Hthe Directors, in con-
lormity with the opinion OF counsel advised at the
meeting OF June 29 1869. copy OF the resolution
then offered by Mr.. Mccall on behalf OF the Direc-
tors and OF the opinion OF counsel upon which was
Dased are hereto annexed.
The effect of such vote is not to bind the COM
pany ultimately to reject the trust but only to leave
the question open till the proper time, yz when the
building having been erected and offered, we can
ascertain if there any funds left TO maintain 1t,
and what are the conditions and obligations we Will
assume by acceptance
If you think there ought to be an immediate &C
ceptance, then we ask YOU to consider whether you
are prepared TO agree that all the books OF the
pany shall be kept at Broad and Christian Streets If
not and you wish to reserve the right to have some
ash you TO vote for the fifth resolution.
To sum up
We would advise that you vote upon the first four
resolutions, No, and upon the fifth, Aye
The result OF thswill be- that it, contrary to our eX
pectatons, majority should vote toaccept the lega
cy, then the fifth resolution if carried, viii make the
acceptance conditional on the right of the Library
Company to control the location OF its own collection
OF DOCKS. On the other hand if majority vote to
reject the legaay the passage OF the fifth resolution
will be merely harmless.
Proxies can be sent to either Of the following per-
sons, viz:-James 5. Bidde, No. 294 South Third
street; William NJ. Tghman, No. All Walnut street;
Nj. Phillips No f26 South sixth street; s. Kingston
McCay, No. 429 Walnut street. The proxies should
be Witnessed, as well as signed, ana the persons
ABOVE named, on receiving them, are TO be consid-
cred as expressly instructed to vote in the manner
above expressed.
Philadelpha, October 12, 1869.
II. PRATT MCKEAN, THOMAS MCEwEN,
EDw. I. WHELEN, JAS M AERTsEN,
HENRY NJ PHILLIPS, VIM M. TILGHMAN.
JAS S. BIDDIE, r. c. MCMURTRIE,
JOHN SAMUEL, j. ID. RODNEY,
S. KINGSTON MCCAY.
OPINION OF COUNSEL.
We are of opinion that the time for the Library
Company to accept the devise under the will of DR..
James Rush has not arrived. Until the executor
shall have completed building and rendered con-
Veyance the company could do no more than to
agree to accept at future time; and we think such
an agreement should not be made until the real
position OF the affair, and the plans Of the executor
are better ascertained, and the consequences con-
sidered.
We think, therefore, that it is expedient to post
pone for the present at least any action by the
pany in reference to the will, other than the observ
ance of those provisions which they required TO
observe to avoid disabling themselves from accept
ing in accordance with the terms Of the will
w. NJ. MEREDITH,
ID. G. MCMURTRIE,
GEO. w. BIDDLE.
Resolution of June 20, 1862 offered by Peter Nc
Call, Esq., on behalf OF the direCtors:-
Rolre9 That the directors of the library be they
in Dr. Rus6s will # and When they shall deem t
so to DO and be authorized to any legislation
cessary for the purpose.