Morning journal and courier., 1890-05-09
THE PooR,s 1NHEnxrAroE.

Poor - Henry c. White and Fl. T.
 Blake oppose she Acceptance.
 Whether the oity shall accept the $13O, ,000 in trust bequeathed to it by the late Philip Marett as fund to be expended for the aid of the needy poor of New Haven, who are not paupsrs was vigorously discussed before the special committee of the court of com. mon council by many prominent citizens in the aldermanio chamber last night. The arguments were mostly strongly in favor of accepting the fund. The only speakers op- posed to this action were Henry T. Blake, one of the trustees, and Attorney. Henry 0. White.
 The first speaker was Professor Simeon E. Baldwin. The beausst here is ono of great amount, said he. It is $130,0 Properly invested it would bring in between six and seven per cent. It is to aid those who are needy, but not to paupers. In my opinion this is noble charity, worthy of the great heart of Philip Marett. It is such charity as is often seen in England, and it is there where we s.e the admirable results of good charities. If Philip Marett had given this sum to voluntary corporation we would de- clare it grand charity, one worthy of our most sincere appreciation. He did not do this. He gave it to this is still grander charity than had he left it to a smaller corporation. I believe this sum can be administered with the utmost facility by the city. I do not think it would cost over $1 ,000 year to administer it. think, MT. Mayor, 1t might be felicitiously admin pointed by yourself. I venture to say most of the opposition to accepting this bequest comes from these who think that the other charities should receive the sum instead of the city rather than give 1t to this form of charity for which Philip Marett in tended it. In the opinion of all the lawyers interested, this bequest is valid tions if not accepted by the city is also a valid bsquest if the city has right to de- cline 1t. It is not the 6rst time @ bequest has been made to go to Q second party if de> clined by the first beneficiary. Did any man ever make a will more generally dis criminating and aaRacious than that of our late citizen, Philip Haretts It has statue be erected to him on some one of our parks in honor of public benefactor. But we cannot do this if his bequests are de. clfnei. I hope the city will not fail to avail itself of this opportunity.
 Attorney Charles H. Fowler cited several cases of bequests made similar to that of Philip Marett. There are always people who them from becoming paupers is surely an advantageous object. If the bsquest was made to the town there would be but little question as to it's acceptance. The question is whether the city of New Haven shall be- come trustee of such fund. The time is coming when such measures will be in the hands of city board of charities or some thing of like nature, in my judgment, and it is obviously wrong for anyone to prevent the gave the town of New Haven a great liability: It seems to me that the city of New Haven, if this does not violate some provision of It's char ter, should and can accept this trust, and 1t can act as trustee as well as any man in this place whence 1t will take half a century to emerge.
 Ex-Judge Lynde Harrison was the next speaker. The objections to accepting this bequest seem to be of two classes, said he. The first is the legal bearing, and the second as to the uncertainty of the bequest. It has | been stated it might be void for uncertainty. But of late the supreme court has made a | great effort to get out of the swaddling clothes of technicality and has endeavored to | get at the true intent of the testator. Mir. Harrison then mentioned the following cases l of bsquests of like character which had been declared by the supreme court as not void for uncertainty:
 Treats appeal, 30. Conn. i13-"In trust for the promotioa of education among the n1e indian and Al l elsewhere as in their judgment they shall deem l Colt vs. Comstock, 51. Com. 352-"The founding home for aged, respectable, indigent women, ,who have been residents of the city of New London, un. der such regulations as may be prescribed by the | act of incorporation"
 Tappam appeal, 5s. Conn. 4la-"rhs establish. ance and benefit of indigent, unmarried Protestant females over the age of eighteen years residents Of
 Beardsley vs, se!ectmen. ss. Conn. 4ss-'.ro be used at discretion by the acting selectmen of said deserving, poor, white American, Protestant, dom ocsstio widows or orphans residing in the town of
 Slows school vs Whitney. A. Conn, sas-.'To themselves for the evangelical ministry" -''''
 Camp vs Crocker, 64. Conn; sa-For the laid oi
 M bs needy s1a and
 temporary help to keep them from being charge
 able % to the town town as paupeIs" ,.,
 Ecclesiastical society to help fin the support ol
 preaching so long as such is kept up as at pres-
 s
 of the town of Branford the income of the artci' | to be given to the poor of that society,""
 Says the Marett will, oity of New Haven
 "to be held in trust by the proper authorities
 and the income to be applied through suct
 agencies as they see fit for the supply oi
 fuel and other necessaries to deserving in
 digent persons, not paupers, preferring sucl
 as are aged or infirm.'
 priations specified above are to bs made of.
 fective, notwithstanding any deficiency or in
 accuracy of description, so that my objec
 may not be defeated by any teohnicality o
 informality."
 Is it not sensible to think that Philip Mar
 etts will is as clear as any of these cited
 How then can there be any question whethe
 1t can be void for uncertainty We have
 provision in our statute book providing tha
 the advice of the supreme court can be hat
 upon any question, present or future, for th'
 outlay of a few hundred dollars. suggest
 he continued, the questian be submitted t,
 the supreme court. This courts opinion
 can be obtained by next November or Decem
 Der. Here Judge Harrison asked Mir
 the will if he would consent to this.
 suppose so, said Nr. Blake, but if 1t i
 accepted we shall certainly 90 to the su l preme court.
 Mr. Baldwin stated that this course would
 not be pursued by MT. Blake's fellow execu
 tors. Mir. Blake replied that MT. Baldwin had better wait till he was sure of this be , fore he spoke.
 The dying words of our late fellow-citizen , Philip Marett, continued Judge Harrison were to avoid tsehnicalities and to see abov all that his object should not be perverted And what was this objects Is it not to hell ) the indigent poor, those whose pride keep them from acknowledging that they ar half starved and barely subsista The quee
 tion should be amioably settled according t his main ideas.
 3 Attorney Henry 0. White urged the com ] mittee to consider which course was for tn best interest of the poor of New Haven. H ? said the will was drawn up a quarter of 3 century ago when the city was not develope a to the extent 1t now is. Then there were no l. several charitable institutions which hay
 recently come into existence. Philip Maret
 had made provision in his will for such
 state of things. He foresaw this and made \ second provision for his benefciaries. I d f not think the establishment of this fun a would benefit the poor. think it woul tend to encourage pauperism. What the poe :. need is encouragement more than help {, this kind. England, where such funds exis |. abundantly, is overrun with paupers. 2 think the government of New Haven perfec z ly able to administer this fund, but I thin :. the deserving poor would receive little bent . fit from it.
 v v Ray. E. s. Lines of St. Paul's church sai H. sA r<G