1854 Trustee Committee on Statuary: Legal Opinion on Statuary Appropriation (page 01)

At a meeting of the Trustees of Mt. Auburn
Cemetery, holden Sept. 4, 1854, it was

Voted. That the sum of fifteen thousand
dollars be appropriated for the purchase of three marble
statues, to be prepared and executed under contracts to be
made with proper artists, said statues to be those of
persons distinguished in American History. But
this vote is subject to the following conditions, viz,
first - that it shall be approved in writing by five
at least of this board of trustees ; and second that
the professional opinions of C.P. Curtis Esq. 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
distinct 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 the Corporation it is provided that the said
Trustees shall have the general management,