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SMITHSONIAN INSTITUTION  650
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THE WHITE HOUSE

Washington,
December 23, 1924.

My dear Dr. Walcott:

By direction of the President, I am sending herewith a copy of an opinion by the Attorney General on the legality of the proposed employment of a firm of legal experts for the purpose of increasing the endowment of the Smithsonian Institution.

Sincerely yours,

(Signed) C. B. Slemp.
Secretary to the President.

Dr. Charles D. Walcott,
Secretary,
Smithsonian Institution.
Enclosure.

December 23, 1924.

Sir:

I have the honor to acknowledge receipt, by your reference of December 13, 1924, of a letter from Dr. Charles D. Walcott, Secretary of the Smithsonian Institution, stating that the Board of Regents desires my opinion on the legality of the proposed employment of a firm of experts for the purpose of increasing the endowment of that Institution.   In compliance with your request that such an opinion be rendered, I have the honor to advise you as follows:

The Smithsonian Institution was incorporated by Act of Congress, approved August 10, 1846, c. 178, 9 Stat. 46, to execute the trust created by the last will and testament of James Smithson of London, England, who left all his property to the United States to found an establishment at Washington, to be known as the "Smithsonian Institution" for the "increase and diffusion of knowledge among men".  By said act the Congress accepted the trust on behalf of the United States and provided for its administration.   The act, with certain amendments, is set forth in sections 5579 to 5594 United States Revised Statutes.

Section 5580 provides that "the business of the Institution shall be conducted at the City of Washington by a Board of Regents, named the Regents of the Smithsonian Institution ^[[x x x]] .   By section 5582 it is provided that "at any meeting of the Board, five shall constitute a quorum to do business".

Section 5590 provides that the property received under the will of James Smithson shall be deposited in the Treasury of the United States and loaned to the United States at six per centum per annum interest.   By section 5591, as amended by Act of March 12, 1894, c. 36, 28 Stat. 41, it is provided:
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