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SMITHSONIAN INSTITUTION  814
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performed as contemplated by a single person, to employ more.  If, however, it should be found to be impracticable for a single curator to discharge appropriately all the duties prescribed, and the income exceeded the amount of his adequate compensation, it is the opinion of your Committee that surplus income of the fund could be used to secure such associate or assistants as might be needed, provided the work of such associate or assistants were curatorial in character and would not come under the head of the subordinate or clerical work, the expense of which, aside from the curatorial service, the institution had assumed.

"Q. 7.  In paragraph of the First Codicil, lines 8 to 10, is the word civilization to be regarded as embracing all degrees of 'being reclaimed from the rudeness of savage life, and advanced in arts and learning'? Is the income described applicable to the study of all attributes of the civilized state, so far as the Regents of the Smithsonian may direct, and so far as associated with the civilization of the Far East?  What geographical limits are to be set to the term 'Far East'? Should it include all territory between the 90th and 180th meridians of East longitude, and between latitude +90° and -90°, or should it be regarded as restricted to the limits of China and Japan, or nearly so?  May phenomena now existing in other localities, but traceable to the civilization of the Far East, be studied with said income?"

Paragraph 4 of the First Codicil, so far as involved in this question, provides as follows:

"I give, devise and bequeath to the Smithsonian Institution, named in said will, the remainder of my estate real and personal, wherever situated.  If any exigency shall arise making such use necessary, the income from such residue of my estate shall be used for the care, protection and maintenance of the building in my said will provided for, and of the collections in my said will mentioned.  If no such exigency shall arise, so much of the income from such residue shall be used for the encouragement of the study of the civilization of the Far East, as the Regents of the Smithsonian Institution shall determine;"

Your Committee is of the opinion that the word "civilization" as used by the testator in paragraph 4 of the First Codicil is not to be regarded as embracing all degrees of "being reclaimed from the rudeness of savage life, and advance in arts and learning".  Your Committee believes that the provisions of the will and the attending circumstances which may properly be taken into consideration indicate quite clearly that the
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