The morning call., 1894-10-09
NOT YET SETTLED.
That Suit Over CogsweIl's
School.
CogsweIl Insists Upon Appointing
His Own Trustees Mayor Ebert
Says He Shall Not.

A strong effort is being made to CON-
promise the suit brought by the People of
the State of California on the relation of
Mayor Ebert against DR.. ana Mrs.
Cogswell. founders and trustees OF the
Cogswell Polytechnical College. Judge
Hunt has estimated that a compromise
will be the best way out of the difficulty.
but it is extremely doubtful whether any
satisfactory arrangement can he arrived
at.
The case was partially heard on Friday
last, when evidence was introduced 10
show that the Cogswell College could be
maintained at cost ranging from S1S.-
600 to SO, 0U0 year. 1t was further shown
that the income from the endowment
lands reached $4,000 and that a large
number of pupils could easily be obtained
who would be willing TO pay for their edu-
cation and SO make up any deficiency
there might arise. This and the showing
that DIR. C0gswell lad seemed disinclined
to carry out his trust by seeing that the
board of trustees always had a full COM
plement of members formed the testimony
upon which the case rested when court
convened yesterday.
But proceedings had not long been re-
sumed when Judge Hunt strongly urged
upon the parties the adylsa5ility of COM
PROMISE I1b SnOWcQ LUdl llll6 SOOu COUiU
be done by continuation of h0stlities in
the present state OF affairs, aud he sug-
gested that the attorneys and parties come
together and see what arrangement could
be made.
Ex-Judge Van R. Paterson. representing
Mayor Ebert, and w. z. Baggett, repre-
senting DR.. Cogswell. looked at each other
moment, and tten Baggett said: I'VE are
perfectly willing TO compromise. your
Honor. We are DESTROYS in every way
that this case should be settled right here.
But the trouble is this. DR.. Cogswell, as
the donatOr OF great institution, and thus
a public benefactor, insists that it is his
right to appoint the trustees 10 govern the
insiitut lion. 1t is his right 10 do SO, and you
will remem Der, sir, that the late Senator
Stanford reserved the same rights to him.
self when he founded the Leland Stanford
Jr. University. DIR. CogsweE omitted to
claim such privileges when e executed his
deed Of trust, but be claims such right
as his DUE"
Judge Hunt had to say that he was of
opinion that DR.. COgswell had provided
the institution in perfectly good faith, and
| that if ne had fallen into any error or
trouble it was unwlttingly. Now let the
| attorneys come together and effect COM
promise.
Ex-Judge Paterson replied that for his
part he was perfectly willing to settle the
matter by compromise; but, unfortu-
nately, his client. Mayor Ellert, was abso-
| lutely determined that DR.. CoRsweil should
not be permitted to appoint his own trus-
tees. Any other kind of compromise
might be effected.
| Judge Hunt shrugged his shoulders.
| "Compromise means mutual concession"
! he said. ~ ou can't expect to effect an
arrangement between two parties when
one demands unconditional surrender.
| Mayor Ebert no doubt understands this,
lef frin lot he
counsel, their clients and anybody they
| choose TO invite meet me In my chambers
this afternoon and we'll talk the matter
| over.
Judge Paterson remarked that G. V. S.
Gibbs AMI Mayor Ebert he believed had
met that very morning to talk it over.
WHATS Gibbs got 10 do with it?"
snapped Baggett.
"Well, be put up some $4,000 or so to-
ward the undertaking" was the reply.
But he appears here only as private
citizen"
Ex-Judge McKisick had to say that he
represented the third trustee, j. II. Gull
yer, and that he thought his client ought TO
be present at the meeting.
Baggett said he couldn't understand all
| this difficulty about trustees. DIR. Cogs-
well was willing to name good men, aud
true. He had decided already upon two
men. and these were George K. Fitch of
|
! these men respectable enough?
Judge Paterson said that these names
would satisfy him perfectly. All he de-
| sired was the names should be submitted
that were beyond reproaeh.
Judge Hunt said tie names were excel
/ lent. Irving NJ. Scott was practical man,
surely; but would ne have time TO attend
to his duty, or would Mr.. Fitch? His
| Honor believed that only men that would
devote some time to the work should be
selected for Office.
Even lualiy it was agreed to meet in
Judge Hunts cham hers in the afternoon.
The parties met. but after much discussion
arrived at no result, as DR.. Cogswell could
not decide upon his trustees. aud Mrs.
Cogswell refused to relinquish her pend
Ing suit. by which she seeks to set aside
the whole deed of trust as invalid on the
ground that the property so decided was
community properly. in which she had a
one-half interest AS the wife OF the doctor.
No conclusion was come to, and finally
DR.. Cogswelrs request to confer with Mr..
Baggett was acceded to. 1t is understood
that he is DESTROYS of finding two names
equally acceptable with those of Mr.. Fitch
and Mr.. Scott. So the case was adjourned
for the present sine die. The attorneys,
however, who represent the people ia this
case shake their heads and prophesy that
n n n m leo mill he