Morning journal and courier., 1890-06-04

club which might get together for moral or
intellectual purposes or improvement. He
showed by citation Of several cases that cor
porationa of similar character TO the Young
Mems institute have repeatedly been de- !
clared by the courts to be private corpora
tions, and as such not entitled to exemption |
from taxation. He also discussed at length |
the organization and exclusive character in
the membership of the institute, and the !
fact that its members may at any time by
majority vote exclude the public from 1t. He
contracted the institutes private character
with the public character of the requests
made to the city by the late Philip Marett.
EX-GOVERNOR INaERsoLL CONCLUDES.
Governor Ingersoll said: SIT is very conn
mon for lawyers who are interested for 20
doing to try to get the court to make will
for the testator rather than to construs the
will which he himself has made. Consider
ing the intent of Philip 1arett, we must re-
member what New Haven and the institute
were In. 1857, and not in 1890. At that time
there was no such thing az free public
were libraries all over the state, but not free
libraries such as the present public library
here. 1t is absurd to say that he contemplated
the establishment of a free public library In
New Haven when at that time the city of
New Haven had no right to establish free
public library. It Is not SOFAS the defendants
claim that the bsquests of Philip Marett were
necessarily to institutions that were free. In
the bequest to the state of Connecticut for
the maintenance of institutions for the relief
of feeble minded persons there is no intima-
ton that these were to be free. Nor is Yale
college free institution in this sense; nor
have our public schools always been free
schools. But the defendants, claim that the
institute is private institution and they say
that at times the institute has had only
very few members. I do not doubt tho in
stitute has had black eye. It may have
had one In the days of Philip Marett. But
there Is no reason why 10 may not enlarge Its
facilities, and there is no reason 1t may not
do so if it should. receive the benefit of the
Marett gift. But the counsel for the city
have not answered our claim that
If the institute is a public library, and
therefore one Of class, the testator having
selected one from that class. there IL no
longer any discretion in the trustees to ex-
olude the member selected. If the institute
il private library and therefore not one of
class of public libraries, then the defend
ants are in the awkard position that as no
choice is made between the different indi-
viduals of the class, no one of them can take,
and the bequest is void for uncertainty.
This was recently shown in New York,
where there was a gift to q corporation
of certain class and although there was
only one corporation answering the descrip-
ton, the gift was held to be void. But
there is another objection to the claim Of
the defendant. If they say thas the be-
quest is to public library maintained by
the city of New Haven, then If it were
material we might show that such q bequest
would be void. Mr.. Ingersoll handsomely
rounded off his argument after which the
court took the papers. reserving its decision.
THE MUSIC TEACHERS.
Adopted-Next Years Convention.
HARTFORD. June 3.--The attendance at to-
days session of the music teachers oenvsn-
ton was much larger than that Of the day
previous. The meeting has been successful
80 far. To-day's program was as follows:
a. M. business meeting. 1915, piano re-
cital by Richard Burmeister of Baltimore,
assisted by Miss Jessie Leigh of Hartford.
p. NJ, paper by Alex. s. Gibson of Water
bury; subject, 'The Use of the Organ as an
Adjunct of Protestant Worship." Paper by
Charles Bonney of New Haven; subject, "a
Goal Some Hints and Helps Toward Reach
ford; subject, "Tonio So! Fa and it's
Walter ]. Hall Of New York, assisted by
Miss Flora E. hyde of Hartford. 7:45 p.
M, miscellaneous coucers by the following
persons: Mr.. and Mrs. E. A. Parsons Of
New Haven, Mrs. f. D. Dutton, soprano, of
New Haven; Miss Susan O. Hawley, con-
tralto, Of Bridgeport; Miss Florence Cook,
violinist, of Hartford; the Mitchell quar-
aette of Hartford; Mr.. Norman 81. Spencer
of Hartford; the Mendslssohn quartette Of
|. Hartford.
At the business meeting to-day George A.
Kiss of Norwich was chosen chairman and
Alexander Gibson of Waterbury secretary.
A permanent organization was formed with
constitution almost identical with that of
the New York association. The officers
nominated by q committee consisting of F.
B. Mccormack of New London, Irving Emer-
son of this city aud Alexander 8. Gibson of
Waterbury, were elected as follows: Presi-
dent, N. H. Allen, Hartford;
secretary and treasurer, =. A.
Fowler. New Haven; program COM
mittee, R. P. Paine, New Britain, e. A.
Parsons, New Haven, A. J. wilkins. Bridge
port The association calls for q vice -presi-
dent from each county, to be appointed by
the president. who also appoints his executive
committee. 1t was decided to hold tho next
annual meeting at New Haven the first week
In June. After the business meeting there
was a wonderful exhibition of piano playing
by Richard Burmeistsr of Baltimore and
singing by Mics Jessie Leigh of this city.