The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1903-10-12


nected herewith They NAV decide
aosoiutely who shall and who shall
no. become inmates of such home. It
WIN oe conducted in all respects as
tney may decide, and no other uer.
son Whatever has any voice or con.
trol as TO its management or conduct
ihelr judgment in all of these mat
'ers is final, and they are not re-
CURED 70 answer or report to any
person OF tribunal as to ANYTHING
which they may do in connection
herewith. If the home should he To-
ca'eo at or near Walla Walla resi-
dents of the city Or county of Waua
Walla of the classes for whom the
nome is to be built, would have no
more right to enter it than thew
would II 1t was located somewhe1.
else.
Under these circumstances It
seems clear that such an institution
would De a private charity. Under
no circumstances could it become a
pubic Institution without a radical
disregard OF the terms of the will.
IL is true the will provides that in
case OF the death or removal of any
OF the present trustees the county
commissioners of the counties Of
Omatllla, Oregon, and of Walla Walla.
washington, may jointly name a sue
cessor with the consent of the remain
ing trustees, which means that the re-
naming trustees may absolutely die
tate the name of any new trustee so
appointed in case of such vacancy.
And when such new trustee Is SO ap-
pointed his rights and powers would
be eo-equal with the powers original
iy granted to the trustees by the
within other words the plan as out
lined in the will is permanent, and
there can be no outside interference
or d1ctatlon from any source. Neither
OF the counties mentioned, nor any
other county or municipality in the
two states, may in any degree die
tate or control Or have any voice in
Its management. If a resident Of this
county qualified to become a member
Of the home was liable to become a
public charge, your body might make
request Of the trustees that such
person may be admitted to the home,
hut the trustees would decide upon
s1ch request as they saw fit, and
their decision would be final. The
same is true OF all other portions of
nrnUOn hin ~
the classes named are eligible from
all parts of both states. 1t is undoubt-
eddy true that with the establishment
Of this home, here or elsewhere, the
present trustees will devote their
best time energy and judgment to its
care, maintenance and up-building
and will, without discrimination, d.
vide the facilities, which it VIII afford,
between deserving persons in the two
states; but I have brought out these
details in order to show that it can
in no sense be called Or become a
public institution to which state or
municipal aid could be given as for
a public use. The charity is for the
joint benefit Of persons from two
different states. 1t is certain thai
states cannot go into partnership
with each other and donate funds to
the support of such an institution,
however meritOriOus, over which
neither state has any authority Or
control. 1t would be different if even
the shadow of authority or right of
supervision or central, or even the
right Of Walla Walla county to o.
ciallv place persons in the home VINO
might become a public charge, were
vested in the county of Walla Walla.
The terms of the will forbid this, and
look at it as I may, l can regard 1t
in no other light than that of char-
table bequest to be carried out by pri-
vate persons in accordance With ' cir
own judgment, and for which elmer
state nor municipal aid from Oregon
or Washington can be legally obtain
ed. 1t is true that in case of the es-
tablishment of such a home some OF
it's inmates might otherwise be or be-