"He belongs to the most exalted type of American citizenship. In all the relations of life, public or private, he has discharged the duties before him with unwavering fidelity, impelled by the momentum of the purest and best motives that can animate the purpose, or direct the action of any man.

"His long service on the bench was one of great achievement, earnest faith, strict integrity, and honest endeavor.'

He was a member of the American Bar Association and of the Ohio State Bar Association, and no lawyer in Ohio took a deeper interest in the State Bar Association than Judge Shauck. He was solicitous that it should be an efficient instrumentality in establishing and maintaining the very highest standards in the profession. To him the highest care of the law was a fair trial and the triumph of the right, and these he felt were always in danger unless the ministers of the law themselves were imbued with a profound sense of the responsibility resting upon them, and fully equipped mentally and morally to discharge that responsibility.

At the annual meeting of the association, July 1917, at Cedar Point, he was unanimously and enthusiastically elected its president. The honor thus conferred upon him was wholly unsolicited by him, as such honors should always be, and it is the universal regret of the profession that his services to this association have been interrupted by his death.

He was for several years a member of the faculty of the Law School of the Ohio State University, and he took great interest in this useful work. The appreciation of his services in that capacity, as well

as a description of his sunny nature, by one of his colleagues on the university faculty, was published in a recent issue of the college magazine, from which we quote the following with approval:

"Judge Shauck was a man devoted to his profession, and determined as far as possible to preserve the highest standards of its membership. Nothing stirred him more than the thought of admitting to the bar shallow, uncultivated, illiterate students of the law alone. He desired to see an extended preparation, which should include a generous academic training, so that when a student came into his proper profession, he should be able to take his place worthily in a community of well-educated people and thus exalt his profession.

"For the students whose efforts were genuine and sincere he had an affection, often, that made them more like sons of his than students. Scattered over the country today. there is a large number of young attorneys who will be sincerely grieved at the death of the genial and friendly man who took such pride in their achievements, and to whom their careers were events of the deepest interest.

"He had a youthfulness of nature that made him a delightful companion to those removed from him in years; and his devotion to outdoor sports, particularly his favorite game of golf, helped to keep him vigorous and hearty until he was well past seventy."

His warm sunny nature was not in the least dimmed by his profound learning and severe standards of scholarship. Always in the enjoyment of splendid health, his companionship was a source of delight.

He was a devoted and loving husband and father, a genial companion and loyal friend. An imperishable monument to his memory as a profound scholar, an able jurist and upright judge, is found in the enduring record of his services on this bench. Respectfully submitted,

O'BRIEN, TREASURER, V. THE PHYSICIANS
HOSPITAL ASSOCIATION.

Public charity hospital-Corporation not for profit-Evidence acceptable to show nature of organization— Property purchased with donated funds—Impressed with trust character - Reception of pay patients-Not to interfere with acceptance of indigents - Receipts cannot be diverted to private profit.

1. A corporation, organized not for profit, may show by its charter, constitution and by-laws, or by oral evidence not inconsistent therewith, that it is organized solely for the purpose of administering a public charity, the foundation of which is derived from private donations.

Statement of the Case.

2. Property purchased with funds donated for public charity is impressed with the trust character of the funds with which it was purchased, and neither the property itself nor the income derived from its use can be diverted to private profit.

3. The trustee of real estate purchased with funds donated for a specific public charity, cannot lawfully use the property so purchased for purposes other than the administration of the trust imposed by the donors of the fund.

4. Where funds are donated for the purpose of establishing and operating a public charity hospital, and the trustee of such funds purchases property therewith and uses the same for the purpose of a hospital, such hospital must be conducted as a public charitable hospital.

5. A public charitable hospital may receive pay from patients who are able to pay for the hospital accommodations they receive, but the money received from such source becomes a part of the trust fund, and must be devoted to the same trust purposes and cannot be diverted to private profit. (Taylor, Admr., v. The Protestant Hospital Assn., 85 Ohio St., 90, approved and followed.)

6. A public charitable hospital cannot receive pay patients to such an extent as will exhaust its accommodations so that it cannot receive and extend hospital service to the usual and ordinary number of indigent patients applying for admission under proper rules and regulations adopted by the authority managing and controlling the operation of such hospital.

(No. 15222-Decided March 6, 1917.)

ERROR to the Court of Appeals of Cuyahoga county.

On the 15th day of January, 1915, The Physicians Hospital Association filed its petition in the common pleas court of Cuyahoga county, averring that it is a corporation not for profit; that it is the owner of certain described real estate situate in Cleveland, Cuyahoga county, Ohio, upon which premises it is operating and conducting a public hospital, known as "Grace Hospital," as an insti