Trustees Records, Vol. 5, 1870 (page 340)

340

Report of M^r Chas. F. Choate

By-Laws of Mount Auburn, as it has been adopted
by the Trustees, to a very considerable extent, limits
the power of the Trustees as conferred by the charter,
unless the Trustees have power to amend these By-Laws.

It seems quite clear that neither the pro-
prietors nor the Trustees themselves can in any manner
limit the powers granted by the charter.

While the power to amend By-Laws has been
revoked by the proprietors, this revocation can in no
manner prevent the Trustees from making proper
regulations relative to the general management,
superintendence and care of the property, expendi-
tures, business and prudential concerns of the corpora-
tion, and the sale of lots, even in cases where these
matters are now regulated by the (so called) ^^existing By-Laws
adopted by the Trustees under the vote of July 10, 1835.

So far as this code of By-Laws is limited to
its proper province of defining and regulating the
conduct and duties of members, it must, of course,
be considered a law binding upon the Trustees.

As to any suggestions to be made to proprietors
relative to the present condition of affairs, it seems
to be a matter peculiarly belonging to the Trustees, and
not to the Committee.

While the present situation is somewhat anomalous,
no injury seems to have yet resulted from it.

The power of the Trustees, as granted by the
charter has not been, and cannot be impaired