The morning call., 1893-05-09

the attention of an Investigation is prone
to be directed is the fact that there has
been a diminishment In the number Of
trustees.
The trust deed calls for the appointment
OF seven trustees, but Mt present there are
C0gswell. j. Ii. Culver. William I. Bag
gett and William G. Badger. Why the
doctor did not appoint the full number
called for by the trust deed is not known,
but there are some unkind enough to sug-
gest that he believed lie could more easily
control five than seven.
James G. Kennedy might be called the
father of the Cogswell school. With Mrs
Arnold as assistant he persuaded the
eccentric philanthropiSt to found poly
technic school.
"Mr: Cogswell had the deed made abso-
lutte" said Mr.. Kennedy yesterday, in or
der that there should be no possibility OF
IFS being broken by those who might quar-
rel over his property.
In the first attempt to break the deed
OF trust they claimed that Mrs. Cog swell
had been deceived in regard TO the nature
OF the deed that she signed. This we can
prove is false.
There is only one other method by
which it is possible TO have the deed OF
trust set aside. A ma ajority of the trus-
tees OF the property could represent that
the trust was impracticable. Ii they could
prove this the court might set aside the
deed in order that Mr.. Cogswen might
have an opportunity to prepare one that
could be carried into execution. Having
once regained control of the property no
| one knows what DR.. Cogswell would do
with it. Slll, under the light of recent
| circumstances" Mr.. Kennedy added. we
| might SurmiSe what his action would be"
Mr.. Kennedy further said that there was
| no possibility of the trust being broken.
| DR.. COgswell, his wife. Mr.. Baggett and
| Mr.. Badger formed a majority OF the trus-
| tees. They might petition the court to set
| the trust aside, but they would never be
| able TO prove it impracticaole.
| Should the trustees refuse to open the
| school any boy or girl of San Francisco or
| the Mayor of the city could have the courts
| issue writ of mandamus ordering the
| trustees 10 have school work begin.
| after the doctor has put IN four more
| years work. he concluded, land received
| the advice of eight or ten more lawyers |
think he will begin to realize that had
that trust deed made according to his or
ders. Ii cannot be broken"
"'The whole secret of the II after is that
| DR.. COgswell wants his money back" said
g. w. Gibbs. The bone of contention is
the property the railroad has leased. Mr.
| Cogswell says he paid $1,000 for it. These
| lots now yield 4 monthly rental of S10C0
| With the new year the rent becomes
| Sl6G6 662s monthly, or S20,000 a year.
1T looks 10 me as if the whole matter
were a sort of conspiracy to defraud our
school children. DR.. CogsweIl wants his
million dollars back, Al Mr. Bagget and
Mr.. Badger, it is generally rumored. expect
| TO gain heavily should they he able to
bring about This consummation."
Mr.. Gibbs stated that Mr.. Baggett had
told him he had contract with DR.. Cogs-
well that would insure him against any
possible loss. 1t was an open secret, too,
that Mr.. Badger would be heavy gamer
| ha nr oil fo in
control of the property lie had given the
city, which consists OF the two lots on
Sixth and Townsend streets. 250 feet
frontage adjoining the school. and a 10