The San Francisco call., 1908-12-08
SUTRO TRUST HAS
RARE DISTINCTION
Famous Case Is Before Supreme
Court of State for the
Second Time
by Strange Circumstance En-
tire Issue Rests With
Justice Melvin

Ahe famous Sutro trust claimed the
attention Of the state supreme court yes
terday in a hearing unique in the an
nails OF California Jurisprudence. 1t
was The second presentation of the
matter before the tribunal Six of the
seven Justices sat at the former hear
ing and divided equally on the ques-
non 81 the validity Of the trust. BY a
strange circumstance. therefore. the en-
.tlre issue. one OF the most important
tAat the court has been called upon to
decide, rests with Justice Melvin. the
new member Of the court
: The rehearing was made necessary
by the deadlock after the death Of Jus
nee Mcfarland Standing three to
three, The court ordered the entire case
resubmiIted. II has reached tile su-
preme court on appeal from Judge Cof-
Ieys ruling that the trust provisions
We're invalid The appeal was taken
bF DIT Emma /. Merritt. a daughter Of
A dolph Sutro. and W r. H. Adamson.
a Two surviving executors
y pr Merritt and Adamson were repre-
sented yesterday by Attorneys j. c.
MctNinstry and Alexander r Morrison.
For the other SutrO heirs, who are try
Ing TO break the trust. Attorneys Charles
=. wheeler and Garret McEnerney ap-
peared- Attorney General L. s. Webb
and his assis ant. Raymond Benjamin.
participated in behalf Of the state of
California.
Old ARGUMENTS AGAIN
Although TO very great extent the
arguments introduced in the previous
hearings were advanced. Wheeler
paused long enough 10 hurl few
Javelins Of ridicule al the cause of sci
ence The Sutro viii provided for
premiums and prizes for inventions.
me wide scope Of this provision and
The various possibilities that il sug-
eesteo prompted Wheeler 10 enumerate
some or the latest achievements of sci
ence that might lay claim TO recogni-
tion under the Sutro viii. Taking A
copy OF the Scientific American. Wheel
err read 2 list OF recent inventions which
included such articles as -trouser
stretcher' and hog trap" He further
round that an improved apparatus had
been discovered for shooting cannon
and this led the attorney TO argue that
The SutrO millions might be used to
assist man To destroy himself
Wheeler argued that the trust was
invalid in that its accumulation" fea-
ture could not be sustained; that it
was against public policy. in that it
tied up q. large part Of the lands in the
city, and that ii must fall because 1t
provided for charitable and other gifts
without separating them.
Wheeler was followed by McEnerney.
McKinstry and Morrison spoke at the
morning session uphOlding the validity
OF the trust
The Sutro trust as conceived by its
creator. was 70 have grown into such
a concern as the Carnegia institute.
Sutro, who had served as mayor OF the
city. died in 1898. leaving a will dated
May %. 1882. After providing literally
for his children he placed some of his
most valuable holdings in the trust.
PROPERTY INVOLVED
The trust property consists Of about
1900 acres. valued at well over
$1,000. 900. It embraces the property be-
tween Blue mountain and the ocean,
and the Cliff house ranch. This prop
erty. under the wiz. was TO be held
until the death Of the last heir and
then sold A special arrangement was
ipcluded by which Sutro heights might
pass into the hands or the city at 20
per cent less than the highest bona fide
bid.
1t was figured that the fund would
not become available for some 40 years
and that IL would amount at that time
10 something between $1,000. 900 and
$4,000 600. This fund was TO be in
trusted 10 a board of trustees, who
should apply it TO such charities, in
stitutions Of learning or science and
for premiums TO be set apart for dis
tlnguished scholarships and scientific
discovery and inventions as shall be
directed by my executors"
To assist the executors in outlining
Its scope, the viii provided for an In
ternatiOnal contest Of suggestions A
strange feature Of the trust was a
provision that no institution in the
direction Of which a clergyman had any
part should be selected as a beneficiary.
The board Of trustees named by Sut-
TO TO administer the trust was to have
consisted Of the governor Of the state.
the chief Justice Of the state the pre-
siding Judge OF the superior courts Of
san Francisco, The circuit Judge for this
district, the mayor Of San Francisco,
the president OF the chamber Of com
merce. the president of the board OF
regents Of the state university, and
six other members to be chosen by
those enumerated above, three from
among the leading bankers Of San
francisco. and three members Of the
Sutro family.