1854 Trustee Committee on Statuary: Legal Opinion on Statuary Appropriation (page 07)

statues, but is guarded in his language, and
refers only to such "marble busts and statues and
other sepulchral monuments which may from
time to time be placed there by liberal bene-
factors and friends in memory of the dead."
It is probable that it had not then occurred
to his mind that the Trustees would ever take
this thing upon themselves. Although this report,
however, does not add the weight of Judge
Story's name to the argument in favor of
such an appropriation, we also think that,
when the difference of circumstances are
considered, it cannot be construed adverse-
ly to the right. The whole income from
sales for the year ending Dec. 13. 1842 -
was $5017.34 - that for the year ending
Dec. 31. 1853 was $25,564.63 - Then
it appears, that it was difficult to "make the
ends meet" ; now, were it not for the costly
improvements of each year, there would be
a vast annual increase of the fund.

In the Act of 1831 ^ which established the Cemetery under the care of the Mass.^ts Hort. Society there is no express re-
striction upon the manner of expending the surplus
income derived from the Cemetery, and the
present Corporation has, and may doubtless
exercise as one of the trusts and purposes upon
which it took the conveyance from the
Hort.