Trustees Records, Volume 2, 1854 (page 001)

1

At a meeting of the Trustees of Mount Auburn Ceme-
tery, holden. Sept. 4. 1854. it was

Voted. That the sum of fifteen thousand dollars be appro-
priated for the purchase of three marble statues, to be prepar-
ed and executed under contracts to be made with proper ar-
tists, said statues to be those of persons distinguished in
American History. But this vote is subject to the follow-
ing conditions viz: first. that it shall be approved in writ-
ing by five at least of this board of trustees; and second
that the professional opinions of C. P. Curtis Esq^r. and the
Secretary on the subject of the legality of this appropria-
tion by this board shall be taken in writing and found
to sustain the legality of such appropriation
Attest. Henry M. Parker. Secretary.

_ Opinion. _

The subject thus submitted to us involves two dis-
tinct questions; first, whether the appropriation be in
itself legal, and second, whether if legal the Trustees
are authorized to make the appropriation

There seems to be no room for doubt as to
the second question. By section 4^th of the Charter
of this Corporation it is provided that "the said
Trustees shall have the general management, superin-
tendence and care of the property expenditures business
and prudential concerns of the Corporation, and of
the sales of the lots in said Cemetery, and they shall
make a report of their doings to the Corporation at their
annual meeting." If the Corporation funds can be prop-