The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-10-15
TIE RUSH LEGACY.

MO no ose Shareholders of the Library Company of
Pmisc elplo1: The undersigned, members on be-
nan OF the shareholders Of joint committee OF d-
Tectors0nd Shareholders appointed the subject OF
respectfully ask your attention to few matters con-
nected with the question of the acceptance rejec-
uOn OF the muni1cent donation OF the testatOr
VALUE or THE BEQUEsT.
The value OF the property bequeated to the library
equals nearly one million one hundred thousand dol
lars a0d from It's nat nature we eeeye tn, that ba II VIII
necessary to transmute it into money, We think
that all will agree that there s no institution more
wanting In our large and beautiful city than great
public library in which may be collected for public
use those works Of literature and science so neces-
sary for intellectual development In the magnid-
cent donation Of Dr. Rush an opportunity is afforded
to accomplish an object 30 much to be desired.
The reasons which should lead TO the rejection of
such legacy, and thus defeat this great public
good, ought certainly TO be clear grave, and impe
rative The Joint Committee OF Directors and Share
anxious, and careful scrutiny; and have come to
the conclusion that none VI them separately nor all
combined, are adequate 10 such result
THE SITE OF THE PHILADELPHIA LIBRARY NOT TO
. BE CHANGED.
The principal objection to the acceptance OF the
legacy arises from the proposed site of the "Rdgway
BraRChp of the library. II is true that the committee
would have preferred more central cite for the
building. But the executor OF DIR. Rush. both from
the expressed wishes of the testator during his e
as well as from his own Judgment OF the suitable
ness Of the selected Site is ndisposed to change it,
The committee did not enter into the con-
sideration whether the proposed site, situated
as it is on the finest avenue of
Philadelphia, might not at an early future be sur
rounded with the finest public and private struc-
tures and thus become most eligible, because
simple solution of the difficulty presented itself
This was to keep up and maintain our present
library its present site retaining in it all books of
general circulation; transferring TO the Ridgway
RranCh only such works as are sought for by stu.
dents and profounder scholars; and If necessary
erecting fre-prOof building our present, or some
equally convenient site, for the reception and dstr
hutton OF works of general circulation.
THE R1DGwAY BRANCH SEPARATE AND sELF-sUP-
POR1ING
Among the other objections TO the legacy is one
that the Library Company of Philadelphia cannot
consistently with the Will of DR.. Rush. retain any
portion OF their books in their present building None
OF the objections taken seem to us more unsound
than this. The Library Company of Philadelphia
It's property and estate are totally different things
from the ,'Ridgwsy Brauch of the Philadelphia
Library" DR.. Rush distinctly provides for their
always being kept separate and apart The accounts
Of the 'lidgway Branch Of the Library Company OF
Philadelphia" are by the will to be kept separate
and distinct from "all other accounts of
be purchased for it are to be of solid
literary character. In the clause providing for the
change Of trustees in of abuse Of the trust the
| books and furniture belonging to the Ridgway
estate to be transferred to the new trustee With
out keeping the estate, property books, etc, OF the
not be carried into effect. In the opinion of the
| committee, after the acceptance Of Dr. Rush S
! legacy, the Library Company Will continue in as ful
right Of its property as possessed before; and in
no respect will it be mingled with, or embarrassed
| by, the property Of the trust
! IMPORTANCE or Ja aIEDIATE DECISION.
It is also urged that the time has not yet arrived
for the acceptance or refusal of the legacy but that
such election is only required to be made when the
| library building intended by the executor to be
| placed'under the care Of the Library Company of
! Philadelphia, is erected and completed. This
position was not regarded by the joint committee
as well founded 1t is true that, as part OF
| the duties of his Ul1ce, the executor is
! directed to erect a library building, to be
| placed, when finished, IN the care ana con
troll OF the company. Bus if the Library Company OF
Philadelphia should ''nnlt or decline" the eXecu-
ton Of the trusts Of the will, then the executor is
aT sItg c Top aH ta e"g
| Library, to be named and called the Rdgway
Library The building he would erect for the
Ridgway Library would necessarily be different
one. in cost and extent, rom one erected for the
Ridgway branch Of the Philadelphia Library.
Surely The executor, having such a double duty
be required TO eXpend tine bulk of the estate in
building for the occupation of the Philadelphia
building s completed Che Philadelphia Library will
accept it, ana enter into the execution of the trust
The Joint Committee therefore, opinion that
the executor had the legai and moral right at once
to know what position the Philadelphia Library in
tended TO assume in regard to the acceptance or re-
fusal of the trust, as " enable him to carry ont
the alternative duty imposed on him by the win, il
the event of refusal.
posed of in few words IL IS said that under the
language of the will, BOOKS might be introduced o.
questionable morality Eat as no books can b
|
with the appreciation Of the Directors the high so
cial and moral character OF these gentlemen IS
guarantee against such an imaginary danger.
FREEDOM OF THE CoMPANY FROM PEcUNIARY RE
| SPONS 3ILITY,
There is nothing of practical value in the notlo
! that the library company may incur pecuniary liza
bilities in accepting the simple execution OF tn
| trusts OF the WILL The estate is immense, and Wi
come into our hands free from debts or Liabilities
The only obligation the library company VIII assun
in aCGepting this tTlst Will be the obligation to exc
cute its duties with fidelity. Your committee there
fore advise that the first four resolutions submtte
to the stockholders be voted on atiirmativey.
THE FIFTH RESOLUTION VIRTUAL REJECTION.
The fifth resolution, II adopted, amounts to q n
lection of the legacy apd was, it seems to us,
intended. Members, therefore, favorable to az
ceptng the legacy will, o course, write NO oppost
the last resolution.
; | PROXIES NOT TO BE SENT 70 OFFICERS OF THE COY
| PnSY.
a rs the vote on the 19th nst is intended to bril-
y out the unbiased opinions of the members, the
rectors Of the company aNd their librarian decline
y take proxies, and those who have already siSnt
y proxies TO vote at the meetings OF the company a
requestcd-N not able "a 20 To the polls themsely
- to sign the new proxies sent TO them, and If
- favor Of acceptance 10 forward the same by mail
y either OF the undersigned.
FREDERICK FRAIEY. No. All Walnut street.
n EDWARD KING, NO. > 5. FnteenCh street.
= HErJAIIN V. MAEsiI, No. 300 Market street.
" WSL W. LONGsgRETH No. 20lI Chesnut street.
JOSEPH CARSON, 81. D., No. 1920 Spruce street.
4