ASTRONMICAL OBSERVATIRY.

Otago Daily Times, Issue 14440, 5 February 1909, Page 5

ASTRONMICAL OBSERVATIRY.

INTERPRETING A UKQUEST. (Per Unit;-n l'i!i;ss A;-;sociatiox.) WKL!,l\'!:tJi..\, February 4. "Has anything heeu done in conuection with pro]M.«al lo get an astronomical telescope at Victoria "College!" asked a taiitleman at tho meeting of the NewZealand Institute to-tlav.

''Tho mailer will be gone into when the Carter bequest is considered," the president replied later on in the meeting.

The, inquiry led to an interesting statement. The bequest now consists of £2700 odd, and the board of the institute bad passed a, resolution agreeing to the expenditure of the money in the purchase, erection, etc., of an astronomical telescope and accessories as proposed by the deputation from Victoria College, and allow the same to be under the control I'd' the governing body of the college on Ihe following cniulilion.s :--(l) That the observatory and other necessary buildings are erected out of the funds; (2) that a- professor of astronomy and staff be appointed and maintained by I lie Victoria College out o( funds other than the Carter bequest; (3) that the board bo ad- \ isod that the expenditure is legal.

Mr Martin Chapman, solicitor, who is a member of the board of the institute, lead the following legal opinion:—" I liiiiiorMawl that the board wishes to meet the proposals of (he deputation if it legally can. and if tile proposals arc not legally in conformity with the terms of the bequest In endeavour to obtain losrisSltivo autliovity. It airpcars to me tli.it the- proposal wimioi be carried out willioul Mich l-.\»ishitive s:inrti<m. Tlio bcrpie-t conk'niplaks that the money shall form the nucleus of a fun;! for the erection in 01 nc.pr \Ve!iin;;ii)ii ai'd endowment of a professor ;\\\i\ staff of an astronomical ohservulmy IH'.oil with teltsconps, etc., for the public use and benefit ofthe llominion. It appeals to mo that the duty of I ho hoard is to retain the fund until the fund is so far au.gmen.ted that

the board ran build and endow an observatory and furnish sufficient to pay ;i professor and staff. Tlie object appears to mo to lie to retain the observatory, telescope, and oilier appliances as the. property of, and under the control of, tho board, i The provision as to a professor points til the University having something to do with tho institution, and 1 think it would be within the terms of tho gift to allow a professor of the University the use of thi! observatory for etlunaliun.il purposes, and even to pay his salary, or pari in' his salary. Hut the proposal is a telescope only. I. therefore, think the proposal cannot be carried without legislative sanction. The sum bequeathed is utterly inadequate for carrying out tho wishes of the testator, and 1 think the board would not bo actios: unreasonably m consenting to legislation to authorise tlw proposed use. * ] think it is very questionable whether the Victoria College ■will expend any of its funds in the erection and maintenance of an observatory, though it might lie willing to give, one of its professors, the mono of professor of astronomy."

The board decided to communicate the effect of the opinion to tho Victoria College. Council.