The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-02-09
COGSWELL'S SUIT.
Control of the College
Endowment.
ITS TRIAL POSTPONED.
New Opposition Will Then Be
Presented.
MAYOR ELLERT WILL LEAD.
To Prevent the PhiIanthropist From
Securing Control of the En-
dowment Fund.

The suit of DR.. Henry d. Cogswell
against the board of trustees of the Cogs-
well Polytechnic College to aDnul the en-
dowment trust of twenty-five lots on
Townsend street, between Sixth and
Seventh, now held by the Southern Pacific
Railway under a twenty years lease at an
annual rental of 10000, which amount
was to be used to endow the philanthro-
pist's college, will not come up for hearing
ir the Superior Court on Saturday, as
originally calculated. Its date has been
changed to Wednesday. the 14th inst, at
which time new opposition to the prayer
of the doctor will be presented. Mayor
Ebert, onsbe half of the people, for whom
the college was established. will oppose the
granting of the petitioners prayer and en-
deavor TO keep the Southern Pacific lease
in the hands Of the trustees to operate and
maintain the school. which almost ever
since It's establishment has been in a
wrangle with its promoter.
When the CogsWell Polytechnic College
was established it was endowed by The
doctor with these lots, which were for FIVE
years leased to the Southern Pacific at
ST. 900 year and twenty wears at $40. 0G0 a
year. The control OF the endowment fund was
placed in the hands OF a board OF trustees COM
posed OF five members, DR.. COgswei being one.
The five-year lease expired on January l last,
and on that date the first $4,000 rental be-
came due.
During its existence the $1,000 a month
rental has barely paid the expenses OF the col
'lege; and, III fact, ala not save II from being
closed, and the School Department, for a term,
took the institution under its protection. The
date when the board OF trustees expected the
college would be IN position 10 pay its way
was when The endowment rental reached S2O,-
600 The trials and fluctuations OF the differ
ent boards of trustees and DR.. COgSweIl are
matters OF history on the records OF the inStilu-
ton.
The climax was reached about year ago
when DR.. COgsweu brought suit against the
board Of trustees 10 secure pOssr ssion, absolute
and unreStTaned, OF tie endowment property.
Al that time he claimed that the deed OF trust
was signed by his wife without Der thorough
understanding of It's lurpOrt, and that ii was
nothing more Jhan night that lie should control
his own money. The case was argued among
the members OF the board, then composed of
James SIlers, George w. Gibbs, thomas b..
Bishap and {. b. Stone, and finally an agree
men~~as reached hat, upon their retiring from
the boaid, giving DR.. Cog>well an opportunity
TO make ppointments more acceptable toanim,
he would d. op the case and CONTINUE the school
as II was originally organized. The four MEM
bers resigned in May, 1898, the suit was dis
missed and The school was kept open thirty
Gays. al the expiration of which time il was
closed, and in this condition 1t has since re-
manned. The reason assigned by Dr.. CoesWell
for this act was thai the $4,000 in the treasury,
after the old board resigned, and the rental OF
$1,000 a mouth from the Southern Pacific was
not sufficient 10 pay the iunning expenses OF
the school. La this condition the matter rested
until a few months ago Wn n tie old ambition
10 get poSS sSOn Of the endowment property
and have the handling of the S2o,0 year
reGS took possession OF the DOCTOR and a
similar suit 10 that dismissed IN May last was
brought.
According TO the statement of the condi-
ton OF the school financially presented by DR..
COgSwell 10 The Mayor, as fequli ed ty the BY
laws OF be Institution, il would auDear that
II is now deeply Involved that even $40, 600
a year would not be sufficient To conduct IT..
The statement however, has been thoroughly
gone over by Mayor Ebert and members of the
board OF trustees, who are familiar win The
condition OF The college, with the result that
the blue pencil has been used on the indebted
ness 10 such an extent as to reduce it 10 NOM
inal sum, which would in no way make its
opening Oh 100000 year endowment a
hazardous undertaking.
In the Liabilities the doctor has included
amounts OF old Judgments and law indebted
ness that the college fund Will not be called
upon to liquidate. BY those who are al all con-
versant with he affairs of the college it is SAID
that the 100000 a year endowment would
place the Institution in the rank 1t was orig
inally intended TO fill and perm il OF it paying
on every dollar OF It's Indebtedness In two
years.
Besides this the question is asked by those
who nterpose the suit on behalf of the State
"What right has DR.. Cogswell TO take back
what he has given to the people ?' Pupils from
all over the city, II is asserted, who have spent
a portion OF their lime in the institution have
been deprived by DR.. CogswelPs acts of tEeil
right OF finishing their course. To add to the
strength of the opposition TO the suit parents OF
some OF the pnDiis who have attended the col
lege can intervene in the casr as being injured
by the closing OF the school. Notwithstanding
that the complaint OF the promoter of the col.
lege IN the present suit states that he is only
DESTROYS OF securing absolute control of the
endowment rental for he purpose of managing
1t as be. IN his judgment may see fit, 1t i.
claimed by those who ale working 10 keep the
grant in the hands OF the trustees that once the
money Is in DR.. Cogswelfs hands he may DC
with II as he wishes; keep the school closed fOI
ah time TO come or open 10 when ne sees tit
permanently they say great injustice and injury
would be done 10 those who nave partly com
pleted their course and 10 their parents who
have expended money on them.
nat II Is contemplated by the doctor to lei
the school drift ii may If he secures the
southern PacIfc rem al of $50 900 d year is
Illustrated by the opposition in the fact that fOI
some time Dr. Cogswell has been negotiating
with the Lick Mechanical School to rent lhe
college building and install it in the college
FMS, however, will not probably, come to pass
as the LICK is in no position at the present time
TO rr0pen the school on account Of the Ray in
which its funds are Ii d up.
A close friend of DIR. CogsWell, in speaking oil
the matter yesterday, said that he felt sure that
the DOCTORS purpose IN his suit was TO have
control of his own funds. "He Is certainly EN-.
II IL can be Oper ted on the endowment, will
prosper as well under DR.. Cog swelP S manage
mrDt as under a trust board. | don't see what
business IL is of any official or person in The
civ 10 take the matter up. The school was es-
tabilsh for the State by DIR. Cogswell, and ne
one has right TO oppose him IN his suit TO OBJ
tain control OF bis own funds"