The Savannah morning news., 1902-01-13
MERCER STANDS FIRM
HODGSoN HALL CAN'T BE USED AS
FREE LIBRARY BY THE CITY.
CHARTER AND DEED PROHIBIT
AND MEMBERS OF HISTORICAL So
CIETY OPPOSE TIL EPLAN.

Views of President of the Society
Not Affected by Opinion of Law
yer ouOted in the Morning News.
Building May Only Be Used to
Carry out Purposes of the Society
and Col. Mercer Doubts if the Com
duct of Any Library Is Within
These PurpOses-SOciety Would
Not Consent to Transfer to City
AnyhOw-POIitics Would Ruin the
Whole scheme.
Col. George A. Mercer, president of
the Georgia Historical Society, finds
it impossible to agree with the opinion
of the lawyer expressed in an inter-
view in the Morning News yesterday
to the effect that the building of the
Georgia Historical Society could be
legally be used as free public library
under the auspices of the city.
1T makes no difference to me-" said
Col. Mercer, what other opinion is
expressed. l shall not change my
opinion that the building cannot prop
erly or legally be used for the purpose
that has been suggested. The trust
deed from Miss Telfair must be con-
sidered in connection with the charter
of the society, in order that the pur-
poses of the latter may be properly
understood. 1t is only to carry out
these purposes that the building may
be used by the society; 1t may not be
used for any other purpose by any
other institution or individual what
ever.
According to this charter, the OBJ
jects of the society are the collection,
preservation and publication of the
history of Georgia in particular and
of the United States in general. The
institution of circulating library for
the use of the members of the society
was an afterthought; it was not con-
templated when the society was or
ganized, nor is there authority for it
in the charter. If the matter should
now be tested in the court 1 believe
the result would be that the society
would be denied the privilege of long
er continuing the operation of it's Ii
brarv; l am quite convinced it would
be decided that the society could not
legally turn over it's building for use
as a free library by the city.
This is the legal aspect of the mat
ter, as 1 see it, said Col. Mercer, "but
there is another that must be consid-
cred. l don't believe the society would
give it's consent to such use of its
building; l know l would not give my
Individual consent TO any such plan.
The society needs the building for the
preservation of the Books and manu-
scripts it has already collected, and fo1
carrying out the purposes for which
it was originally instituted.
$50 far as l know there is but one
probable manner in which the city
may secure the cooperation of the So
ciety in the erection and operation OF
free public library. That is to COM
NIT the conduct of the library to the
society, in which event 1 believe the
society would be glad to permit the
use of the vacant lot adjoining it's
building on Whitaker street for the
construction of the building. with the
funds it is hoped will be furnished by
Mr. Carnegie.
Il feel confident the society will not
be willing to assist in any plan that
will result in the conduct of the free
library being committed to political ap-
pointees. Under such a system the
librarian and assistant librarians could
never be certain that their positions
would be lasting and they would have
no encouragement to render themselves
competent to discharge their duties.
With each change of the city adminis-
tration the probability is that there
would be changes in these offices and
in consequence an uninterrupted sue
cession of incompetents. This alto
gether likely future for the library is
not of a character to encourage the
Georgia Historical Society to assist in
securing the institution for the city"
There is no doubt that in expressing
such sentiments Col. Mercer voices the
views of almost every prominent men,
ber of the society; it is certain that
those who attend its meeting and take
part in it's deliberation are in accord
with him. In their opinion ITodgson
Hall cannot legally be used by the city
as a free library. and whether it can
or cannot legally be put to such a pur-
pose the society, as a matter of fact,
will not permit it.