It is not known whether the Magistracy was immediately informed of the new steps which Beethoven had taken, or whether Madame van Beethoven made a presentment of some sort on the subject. Be that as it may, as chief guardian it determined if possible to put an end to the continual friction and undertook an investigation of all the educational experiments which had been made, arriving at the conclusion that the boy had been “subject to the whims of Beethoven and had been tossed back and forth like a ball from one educational institution to another.” For this reason it decreed, on September 17, that Tuscher’s request be granted, but that the guardianship should not again be entrusted to Beethoven but to the mother, the natural guardian under the law, with a capable and honest man as co-guardian. To this office Leopold Nussböck, municipal Sequestrator, was appointed. Beethoven protested against the action in a letter which the Magistracy received on October 31.[7] Having been absent from the city at the time, “on a matter of business,” he had made no objection to the appointment of Herr Nussböck as guardian of his nephew, but returning with the intention of remaining in Vienna he wished to resume the guardianship, as this was essential to the welfare of the boy, the mother having neither the will nor the strength to look after his training. He was the more insistent on a resumption of this duty since he had learned that owing to lack of money the boy was to be removed from the institution which he had selected for him, and he charged that the mother wished to take her son to her home so that she might be able to expend his income, including the half of her pension which she was obliged to devote to his education, upon herself. He asked that the intermediary guardianship be taken from Nussböck and be restored to him without delay. About the same time (October 23) he wrote at great length to Dr. Bach, who had now become his lawyer.[8] From this it appears that Madame van Beethoven had addressed another communication to the Magistrates’ Court, in which she apparently said or intimated that Beethoven would, in consequence of the elevation of the Archduke to the Archbishopric, be obliged to spend the greater part of his time in Olmütz, and had renewed her attacks upon his moral character. “His Imperial Highness, Eminence and Cardinal” would unhesitatingly bear witness to his morality, and, as to the twaddle about Olmütz, the Archduke would probably spend not more than six weeks of the year there. [Sidenote: BEETHOVEN INSISTS ON SOLE GUARDIANSHIP]