The voice of the clerk ceased, and for a few seconds there was a hush in
the court room, which was broken by the harsh, cold tones of Counselor
John Lyman.
“I submit to your Honor,” said he, “in behalf of the Public
Administrator for whom I appear, and who asks that he be accorded
administration of the estate of Lorin French. I submit that this
so-called will, although rhetorically and otherwise a very interesting
attempt at unpractical philanthropy, is—as a will—simply waste paper. In
spirit and in letter it is an utter violation of two sections of the
civil code of California. Section 1275 of that code provides that
‘corporations—except those formed for scientific, literary, or
educational purposes—cannot take under a will, unless expressly
authorized by statute.’ The proposed Lorin French Labor Aid Company is,
in its plan, a corporation, neither scientific, literary, nor
educational. Considered as a benevolent corporation, it is not now in
existence, and is, of course, not authorized by statute to receive this,
or any bequest—”
“How is it,” interrupted Mr. Bruff, “that the Society for the Prevention
of Cruelty to Animals, the Sisters’ Hospital, and other corporations,
have received bequests?”
“Simply because they have been expressly authorized by act of the
Legislature to do so,” was the reply.
“Then if I wish to leave a sum of money to found and support an asylum
for one-lunged lawyers, or one-eyed baseball umpires, I am unable to do
so, am I?” said Bruff.
“You can go to Sacramento and have a law passed to enable your one-eyed
and one-lunged corporations to take your bequest,” said Lyman.
“How much,” said Bruff, sarcastically, “would I probably be obliged to
pay the statesmen for passing such a law?”
“My party is not in power,” rejoined Lyman. “I do not know the latest
market quotations for votes in your caucus.”
“Order, gentlemen, order,” said his Honor, grimly.
“And suppose,” said Bruff, “the Legislature were not in session, would
it be necessary that I wait a year or two before I could make a valid
will, with the chance of dying in the meantime?”
“Possibly,” replied Lyman, “you might make a bequest to a corporation
not empowered at the time of such bequest, to receive it, but which
might subsequently be expressly authorized by statute to do so.”
“I have led my learned friend to the very point desired,” said Bruff.
“Why, then, I ask him, can the corporation which the will of Lorin
French proposes shall be created, not be authorized by the California
Legislature, at its next session, to receive his bequest? I do not
apprehend that the most docile Democratic lamb, or the most fearless
Republican boodle hunter, would dare to refuse his vote for such a law.”