’The academy has a building to itself.  It is set some fifty feet from the main street, and has a very attractive facade.  On one side is a wide street and on the other a small park, which extends behind the academy.  In appearance it is, therefore, more like a municipal building than the ordinary theater, and in two respects is safer as regards fires:  in the first place there is no other building within one hundred feet of it; and in the second, it is far easier for an audience to leave quickly.  The interior leaves nothing to be desired as regards vision or acoustics.  The house seats almost exactly one thousand, not including its boxes.

’The academy was formally accepted by the City Council, Feb. 6, 1893, after it had secured the necessary authority from the General Court of Massachusetts.  The deed of gift, which was executed Nov. 4, 1892, contained the following provisions: 

’"1.  Said granted premises shall be devoted and used solely and exclusively for the delivery of lectures, the production of concerts and operas, and the representation and delineation of the drama of the better character, as shall be approved by the unanimous vote of the committee or board of management hereinafter named.

’"2.  The management is vested solely in a board composed of the following five trustees, serving without other compensation than three free seats at every performance:  (a) the donor, (b) the town mayor of Northampton, ex-officio, (c) the President of Smith College, ex-officio, (d) Mr. C.H.  Pierce, (e) Mr. T.G.  Spaulding.”

’These last two are citizens of Northampton.  Vacancies, other than among the two ex-officio members, are filled by election by the remaining members of the board.  This board met and organized April 5, 1893.  There have been but two changes in its personnel, aside from the changes in the office of mayor, Mr. Lyman being succeeded by his son, Mr. Frank Lyman, and President Seelye by President Burton.

’It will be observed that the institution is kept out of politics by placing the control of it in what is virtually a close corporation, and yet through the mayor the citizens are directly represented in the management.

’Other conditions provide that if in any year there shall be an excess of receipts over disbursements such excess shall be paid into the city treasury of Northampton, with the annual account.  If in any year the disbursements shall exceed the receipts, the treasurer of the city of Northampton shall appropriate and pay to said board or committee or to the person who shall be acting as treasurer for it such sum as may be needed to balance the accounts for such year.