The morning call., 1893-06-15
EARL DISGUSTED.
Lick Mechanical School
Has Trouble Ahead.
The Supreme Court Scored the Trus-
tees and They Are Talking
About Resigning.

Messrs. Davis. Hallidie. Eall. Boalt and
Stebbins are not especially delighted with
the recent decision of tie Supreme Court
in the case Of Floyd vs.. Davis. The gen.
tlemen named are the trustees of the Cali
fornia School of Mechanical Arts.
For its establishment the late James
Lick left legacy of $4,000. Five thou
sand dollars Of this sum has since been ex-
pended by the trustees in Incorporating,
according to the terms of the deed of trust.
and S35. 600 for the purchase of block of
land al the Potrero. leaving a balance
still due of 100000
The trustees named were in hopes that
they would be allowed an additional $780,
600 or $500. 900 interest money by the court.
They think the S500,0O0 is too small sum
with which to establish such a school as
was contemplated by Mr.. Lick, and are
thinking seriously of resigning.
They are severely scored by the Su-
preme Court. In its decision it says:
The very delay of which the school now
complains, and upon the basis of which it
asks interest may have been occasion ed ,
as far as the record indicates, by the acts
of the parties now seeking to gain an ad-
vantage by reason of such delay. The
school never having become entitled to
the principal fund prior to October. 1888,
could not have been entitled to interest
upon it. From October, 1888, until Octo-
Der, 1890. the amount to which the school
was entitled was in the hands of the Lick
trustees, but the school declined to touch
the money unless the entire amount was
paid to it in lump sum, and appealed to
the court TO support its contention. This
position OF the school was held unten able
by the court in the case of Floyd VS.. Ran
kin, consequently the two years of DELAY
occasioned by this litigation is fairly at
tributable to Its own condnct and it can
not take advantage of its own default or
mistake TO the residuary donor, even
though its claims were advanced in the
utmost good faith. Until all the other
trusts are discharged and the money so
paid there is no resduee and considering z
the uncertainties of the times, there maj
never be-"
Mr.. Davis is in the East. Mr.. Halidie is
Europe. The only trustees of the school
now in the city are Messrs. Earl and
Stebbins.
1T is my opinion" said Mr. Earl yester-
day to CALL reporter, that the best
course for Us to take now is to resign and
let the court appoint our successors to
carry out the trust and establish the
school. My sentiments are shared by sew
eral of my associates, but l cannot say
positively what we may do until the return
of Mr.. Davis and Mr.. Halidie To estab-
lish the school with the $4,000 now at
our disposal we would be compelled to
charge a tuition fee to students, which
would be contrary to the spirit, II not the
letter, of the trust deed"
E. B. Mastick of the Lick trustees said
he thought it would be a wise action in the
trustees of the school TO resign and leave
the task of its esta blishment to gentlemen
who were less dissatisfied with the ruling
of the court.
1t has also been held that the S3505 due
Messrs. Rankin and Earl must be paid out
of the free-bath fund, and that the attor-
neys' fees, etc., cannot be charged to the
general fund, but must be borne by the
several funds respectively.
The Academy of Sciences and the So
ciety Of Pioneers are we'll pleased with the
decision, since the interest which they are
now paying to the Lick trustees on the
500, 600 borrowed money will eventually
revert to them.