Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1890-06-11

I ~ kVVANb AAAOKAs&AO0 Va VA0VSVVV |
From Philip Marets Rejected By the |
Aldermen By = Vote OF Is TO S-A |
Minority Repors From Aldermen
Daley and Gsessner-A Two Hours'
DiscussiOn-TheM Mayor Instructed to
Take Action Against tho Derby Road
In the Grade Crossing Matter.
There was hard struggle In the board of
aldermen last night over the acceptance or
rejection of the bequest Of $3.50, 900 from
Philip Marest for the INDECENT poor Of the
city. The special committee appointed by 4,
the common council to consider the matter
made Its report. The committee was not
in its decision, however, and two
reports-a majority report recommending
the rejection Of the bequest, and minority
report urging its accsptance-were presented
to the aldermen. The minority report was
drawn up by Aldermen Daley and Gessner.
The majority report by Messrs. Callahan,
Richardson, Bromley and MeKiernan stated
that while the spirit Of the bequest was fully
appreciated the best interests of the city
demanded the refusal Of the trust. Among
the many reasons that induced this conclu-
sion were: /. The charter of the city of New
Haven does not empower said city to accep!
and administer charitable tiust. 2. Henry
T. Blake, trustee of the Marett estate has
positively informed your committee that if
the city accepts the trust he will 60 to the
supreme court for construction of this
clause of the Marett will; and as there is
much vagueness concerning the bene6ciaries
of the trust, there ia danger that an accept
ance of the fund by the city of New Haven
may bring about it's loss entirely through its
transfer to the trustees of the residuary es-
tate of Ellen NJ Clifford, daughter and sole
hsir-at-law of said Marett.
On the contrary, If the trust 10 not accept-
cd, the fund will be Immediately distributed
among institutions in which the city of New
Haven is directly interested. 3. If the fund
Ia accepted there is much danger OF unfair
ness In its distribution and of constant em-
barrsssments and contentious arising there
from.
We therefore recommend the passage of
"Rssolved, That the city of New Haven do
not accept the beQuest to 1t for the benefit
of INDECENT poor, not paupers, under the will
Of the late Philip Marett."
The minority report of Aldermen Daley
aud dessnsr stated that the opinion of elk Of
the older and most prominent lawyers of the
city had been obtained in the matter, and
oil had been strongly pronounced that the
oily had legally every right to accept the
bequest as made by Philip Marett. This
public benefaotor knew his wishes and ex-
pressed them clearly. To say that the $780,
900 left by him in trust may not DO wisely
distributed Is to distrust our own good judg-
ment, or good faith, as his appointed trus-
tees. Philip Marett thought he haa given
enough to the other charities, worthy as they
are, and decided that the poor of the City
gle to live, should be also benefit.
ted by his large fortune. 1t is the
policy of all public communities
to encourage their citizens to remember them
when they contemplate charitable bequests.
II this muni6csnt bequest be rejected, who
would over again deem this city fit trustee
to execute his or her will for the benefit of
the needy. Had the bequest been left to pri-
vate trustees, the courts could have appointed
others; but In this case it is doubtful If this
can be done. and therefore is the city in
honor bound to execute the provisions of the
will Of him whose money Is now aiding In
the support of its public library, orphan
asylum, hospital and other institutional We
therefore recommend that the city accept
this munifcent gift.
Speaking of the majority report, Alderman
Daley said he recognized In the phrase of
this the hand of Henry T. Blake. For a
number of years, said he, this man has made
personal fight against the poor of the city
of New Haven. Why, do not know. Any
municipal corporation has the right to accept
personal trust, whether this right is in Its
charter or not. If we do not accept this be-
quest we will make the greatest mistake ever
made by body of men. We also place our
selves upon record as fearful that we will
prove both incompetent and dishonest.
Alderman Callahan said the committee had
not arrived at its conclusion without a
thorough study of the questions from all
sides and the majority had been convinced that
II was not for the best interests of the city.
| Alderman Hamilton said the chief objec
i 10 Ixau cd % a kha
certainty that the money would reach those
| whom Philip Marett wished 1t to reach. II
this was the only objection, he thought II
should have no weight at all. The only
serious objection he saw was how to deter
mine the proper authorities to administer
the fund.
Alderman DALEY. answered that the prope,
authorities were the authorities which the
city government might make for this pur-
pose. Even should there be question here,
the Legislature might be petitioned to change
the city charter.
You have tonight to decide whether tho
poor Of New Haven shall receive the cash
donation Of Philip Marett or not, said Alder
man Lincoln. Do not mako mistake in
this. Some years ago the city was offered
and refused sixty acres of land at Oyster
Point for park purposes. Now IL IL wrangliDg
| to get less than ten acres of this land for
should be far.sighted; 1t should cover all
events of the future. Philip Marett's wishes
| In this matter should not be ignored, for our
own sake and for the sake OF the whole city.
Alderman Burton said 1t seemed the city
represented the poor and INDECENT persons
named In the will and that the legal ques-
lions should not be too closely entered into.
bequest was not lost to the city's poor whose
trustee the city Is.
After two hours of discussion, Alderman
Daley moved that the minority report be &C.
cepted. A yea and nay vote was taken and
his motion was defeated-13 votes to 8
Those voting against 1t were Aldermen
Thompson, Chandler, MoGann, Foote. Can
Hemingway, Callahan, Groark and Falsey
Those voting for 1t were Aldermen Burton
Hamilton, Davis, Douglass, Gessner, Prince
Lincoln, Daley.
The majority report and the resolution t.
reject the bequest was then passed, the vote
being: Aye-Aldermen Thompson, Chandler
McGann, Foote, Cunningham, Clerkin, Msley
Sheehan, Avis. Hemingway, Callahan Groark
Faleey. Nc-Alderman Benton, Hamilton
Davis, Douglass, Gessner, Prince, Lincoln
Daley.
Corporation Counsel Townsend's opinion
regarding the Derby railroad crossing aroused
Q spirited discussion.
Alderman Hamilton said that these Diff
culties had existed and had been fought fo
two years, with no result. The corporation
counsel could not lucidly solve the question
The coroner, In his report upon the recent
fatal accident at Custom House square
stated that II would not have occurred unles
the man had gone on the track. Very well
said the alderman, but We want crossing
which do not offer continual temptation t.
pedestrians In hurry to catch trains. W.
want crossings which are proof against acci
dents, il possible. We do not want trave
impeded by switching trains on ono of tn
busiest thoroughfares of the city. Tn
alderman produced the following resolution
Whereas, Doubts have been expressed In tn
opinion OF the corporation counsel recently sui
mtted to The court OF common council as TO wha
action should be taken to secure to the citizens
this city greater safety at the railroad crossings
| Custom House square aud other places, concernin
| which contract was recently made by this cit
looking to tho greater security OF the puolic there
ordered, That bis honor the mayor be and he
hereby authorized and empowered to take such az
tion In the premises in his Judgment will full
protect the citizens OF this city and will compel tn
performance OF the contract on the faith Of whic
the city Of New Haven parted with It's stock In tn
Derby railroad.
Alderman Douglass favored concurrin
with the councilmen. He said new rules I
20 into effect at Q O'Clock this morning ha
been adopted by the Derby road. A ne'
powerful engine will carry the trains acros