The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-06-14
LICK'S REQUESTS.
Disputes and Long Delays
at an End.
The School of Mechanical Arts Must
Accept the Deed of Trust or
Die of hamilton.

The Supreme Court has done nothing by
| its decisions on the Lick trust dispute to
accelerate the establishment of the Cali
fornla School of Mechanical Arts in this
city. Nor will the heavy debt now hang
ing over the Academy OF Sciences and the
Pioneers Society be removed in the near
future.
Lick was a mechanic, and as such had a
high appreciation of the benefits to be de-
rived from a thorough technical training.
SO in making his many munificeut be-
quests he gave $4,000 to found and en-
dow an institution TO be called THE Call
fornia School OF Mechanical Arts" the
object and purpose of which, according to
his deed of trust. should be to educate
males and females in the practical arts Of
| life, such as workers in wood. iron ard
| stone, or any of the metals, and in what
| ever industry intelligent mechanical skill
now is or can hereafter be applied. such
| Institution to be open to all youths born In
| California.
Six directors were appointed for the pur-
pose Of controlling and managing TIRE in
stitution. They wanted to get the $40. 900
| in one payment, but the trustees objected,
taking another view OF the beQuest.
Then the Academy of Sciences and the
Pioneers Society, named as residuary leg
atee>. began to look at matters in still
| another light, and the attorneys appeared
ON the scene.
Delays, legal and otherwise. followed In
succession, which kept questions that
seemed simple enough and easy of intelll-
gent INTERPRETATION tangled up for years.
1t was only on Monday last that the Su-
preme Court finally settled the difficulties.
| Further delay in connection with the
! School of Mechanical Arts is cons eQuently
reduced to an alternative OF the directors
submitting to the decision or retiring from
| their trust.
The directors used to declare they would
| resign rather than accept money in Install
meuls from the Lick trustees. They con-
| sidered 1t reflection upon themselves.
| and then refused to put into execution the
| trust given them years ago. They waited
| for decision in their favor, but it never
lcame, and now in the face of the opinion
of the Supreme bench 1T Is believed they
| will accept the inevitable.
! But that rests with themselves, accord
| Ing to their humOr.
1t is long story this legal dispute over
| Lick'S money.
In November. 1875. Lick conveyed his
entire estate TO Richard 5. Floyd and 9TH
ars as his trustees, with directions to turn
| 1t into cash as speedily as practicable. aud
| give the proceeds to eighteen different
| trusts as provided by hini.s The various
trusts are we'll known in California. After
providing for charities, relatives, the
Mount Hemilton Observatory. staIuary
| In Golden Gate Park and at TIL e City Hall,
he gave S540,0C0 to the Mechanical School.
! His eighteenth trust provided that after
! diSchargng the trusts and making pay
ments mentioned previously in the deed,
and in order set forth, all residue of the
proceeds should be made over to the Cali
| fornla Academy OF Sciences and the SOci-
ETY. of California Pioneers. 20 be extended
| by them in the erection of buildings, and
| the purchase of a library, natural speci-
mems. philosophical apparatus. rare and
curious things useful in the advancement
| of science.
| The Lick trustees received the property
and turned it all into cash, including the
| Lick House, which was sold in October
| 1883, for S1,250. 900. AS fast as money was
received it was paid to the various bene-
| ficiaries down to the California School of
| Mechanical Arts.
| In 1883 an action was brought by the
trustees In the Superior Court before
Judge Finn, asking a settlement of ac-
counts and PORN ssion to pay the residue.
| There was no question about the accounts,
all OF which were approved by the court.
The school directors claimed that the
whole sum of 500, COO should be paid them
in one lumr. while the Pioneers and the
Academy of Sciences claimed the directors
should acquire site for the school, erect
building and 60 ahead with their duties,
| the expenses of which the trustees should
pay as the occasion arose. The school
would do nothing without tho lump sum,
and filed cross complaint that tho whole
amount he paid thsm with interest at 6
per cent from the date Of making the deed.
Paying interest the residuaty lrgatees
| declared was inequitable. because IL took
so much from the rghtful residue. The
court, however. decided that interest
LII. a l. H., nt,- II
| October, 1888, and even went so far rs to
| pay all the attorneys fees out of the
general fund. Here again the residue was
| lessened materially, Cor the fees were over
! $4,000.
The Superior Court also granted re-
| quest to pay 100000 TO the academy, and a
! like sum to the Pioneers, on account. This
made little difference. however. to the
residuaries, who had long before borrowed
money to build the academy and .oneer
! buildings from the Lick trustees.
Sill the memory of the enormous inter
est irritated them. aud they appeaied 10
| the Supreme Court. What they wanted
came sooner and more fully than was ex-
pected, for the final decision held that the
| School of Mechanical Arts is not entitled
to any interest; that each separate trust
must pay its own counsel fees. II also re-
voked the decision allowing the payment
| of $500. 600 to each of the residuary de-
visees and ordered the lower court TO enter
judgment accordingly. All of which is
eminently satisfactory to the academy and
the Pioneers.
Referring to former decision Of Floyd
VS.. Rankin that the trustees will no Id
money and pay it ont when needed IN
found and endow the School of Mechanical
Arts, the effects of Mondays decision
makes no change in the Interpretation of
the law. There are two decisions to suS-
tain the original deed in regard to the
| school trust.
Meanwhile the Academy Of Sciences
and the Pioneers Society will receive the
interest wanted by the School Director S
! and wait for the residue while paving an