GIIOT PEACOCK. Editor. VOLUME XXI.—NO. 266. . THE EVENING BUIiIsETIN rnnUBHED evert EystOHG (Sundays exoeptod), at thr hew Bvtußvnr annsnio, eOTOtaeatimt Street, Fhllodelphla, ' ..i .• . ; BT;sraq*i’i..;R 11 ! EYTBNING BULLETIN ASSOCIATION. CABFEH BOUDER, J*., „ . FRdNCIB WEu3. . The Bourn* is served to. subscriber* In the city at IS eents per weefc- Aavsble to rhe earners, or taper annum. MAKKIEO. BLAND—COXE.—On.tliellth Dreember, 1667. at the Church of .the Incarnation, by the Rev, J. D.Newlln, as. slsf edby.tha Rev. F. H. BiubneU, (Norse Bland to Sarah Matilda Lons, roundest daughter Of the late Richard S. ROGERS—FISH.—In New York, on Thursday, Feb. IS, in St. Mark’s Church, by the Rev. Alexander IL Vinton, D; D., Wm. E. Rogers, of the Engineer Corps, U. 0. Army, to Susan Leßoy, daughter of Hamilton Fislu Esq. mm>. ... CARSON.—Suddenly on thd Satß instant, Tbomta B. Carson. to the Bath year of his sga. , if the family in invited ,f“25 r *kif*!ll Ms latoresldence.No.6oS NorthTMrteenth itrecUthls (Batwdsy) afternoon.the 16th Interment at South laurel Hik ♦ KOONS.-On UieHtbtMCant. altera lingering illness, Mary of F i ß sS ,fc if SSopw, aged n yean? The.tgalfree and friends are Mtoeetfuny Invited to attend Jt» funeral, from her Sttsbind’a residence, 665 prfSeUto Laurelnm* 1 ' cn at 2 o’clock. To Pr MoKAy.-pnthelMbliikUnt,Mn>. Elizabeth MeKay. relict oflhe Ute Jeremiah McKay R’IS.,S9fS? , "@ be riven of the funeral. - * ' , 14th tot, Catharine Mlnnlck, to the hTtn year ot her am. NE AC.—On TBMdw, Feb. 11th, after a short but aevere illnesa. Mrs. * lira Neal, wife of Mr. Wm. Neal. In the 6dth year of her age. The. relative* and frienda are respectfully Invited to attend the funeral, on Sunday, Feb. 16th, at a o’clock, from the residence of her husband, No. gl2 North Fifth street. - * RINOEU-On the Utb teat, Mrs, Ann Ringel, relict of the late Augustas F, Ringel, In the 71st year ofner age. The reUtirea and Mends of the family are respectfully ■ invited to attend her funeral, from her late rceldenoe No. Sl6 Corinthian avenue, on Monday, the’l7th instant, at 10 o’clock, A. M., without farther notice. • . hCHOMACKF.IL—On the 14th Inst., Frsnclska, wife of John It. Sehomacker, In the 63d year of her age. The relatives and frienda of the family are respectfully invited to attend her funeral, from the residence of her.buaband-'Ms. 716 Sontb Tenth street.* on Monday morning, February 17th, at 10 o’clock, without further notice. Proceed to ML Vernon Cemetery. ■ W m lViF^on«&“ NGUraSB^ SCARLET OPEitA CLOTH. WHITE MERINO AND DELAINE. fykealandeul. Fourth and Arch streets. RLLIUIOIh YOritES. OST “THE GREAT WORK” BY* REQUEST OF THE YOUNG MEN’S CHRISTIAN ASSOCIATION, K< v; A. A. WILLITS, D. IX, Will preach on the above subject, in COIfCERT HAIL, TO MORRdYV (Sshbsth) EVENING, st 7JtS o’clock. Beat- tree. mac- THE FIFTEENTH OF- THE SERIES OF "*** Bermona to Medical Stadtaia by the Bbihops and Clergy of the Protestant Episcopal Church, will he deliv ered by the Rev, Or. Morton, altbeChnrch of the Epi plisnr. Chestnut and Fifteenth streets, on SUNDAY* EVENING next, at 7Sf o’clock. Theaeats In the middle aisle will be reserved for Btu dents. It Mr TRAVELS IN SYRIA AND PALESTINE,— Rev. J. WHEATON SMITH, D. D„ on the above subject at Filth Baptist Church, corner ot Etahteenth and Spring Uwdeh streets. on THURSDAY* EVENING, Fel,. 20th. at TYf o’clock. In aid of the Spruce Btrcet Mission. Tickets, hi cents, , ■ „ .. , It* MB* CHGBCH OP TBK JENTEROESBOR, SPRING Wtoif 9reid. The funeral sermon of C, - .If. Wafcejy, late Vestryman of the Church. will be preached by th« Rector. Aundaarmonilßfr-Tlsß'lißxt of (be eerie* of sermons to Womeo wilt be preached Sunday eveninir. Service *t 10.au A. U., and 7.30 i*. M. If CHURCH OF THE HOLY AKOBTLK3.-bun. day-Behoolatt» A.4L,end Cburchat f)( l> M., in the leetore-room of Tabor fTcbytortan Church, Elsli. teenth lwlow, Christian street: entrance on Montrose •met, berm on by Rev. K. 8. parvln. Its map- WEST ARCH STREET PRESBYTERIAN Cbtircb, Eighteenth and Arch.--Rev. Dr. WliUt*. Tutor, will preach To-morrow, at 10M. a. M. on ‘Thela,t regal act of Kin* David." Rev. J. Howard Suydatn, D. D., wfil preach at 7X P. M. If JACOB’S 'NIGHT OP WREBTUNG WITH the Aogel st FenieL—Sixtb *6llllOll of eeiiw» by Bev. Dr. Mirth. to-morrow (Sundxj) evening, *t 7)6 o’eiock. in the Clinton Street Church. Tenth, below Spruce. All ptrroi.* ere cordially invited to ettend. It* MISSIONARY BERVICE9 AT ARCH STREET M. B. Church, Sabbath. Feb. 16th. Rev. J. F. McClellan will preaeh In the morning at 10)6 o’clock, and Rev. T. M. Orimthe in the evening at 7>4 o’clock. Mi«- tjonaiy collection morning and evening. fo!4-2i* ■flP> FIRBT PRESBYTERIAN CHURCH, WASH ■ ingtcn Square. The Rev, J. H-. Mcltvatn. D. D., of Princeton, will preach to-morrow morning at o’clock, and In the afternoon at 3M o’clock. It* afip> THE REV. DB. TOMPKLVS.~OF“LONDON, England, will proach on Babbath afternoon, in Rev. Dr. CroweU’a Church, at Bioad and Penn Square, at half pait three o’clock, ’ U* |0» CHILDREN’S CHURCH.—THE NEXT BEU -99m' mon' to the young on ’’Bible Wonder*” in the Church of the Eplpuany, to-morrow afternoon »t three o'clock, it* CALVARY PRESBYTERIAN CHURCH. DO -9 cuitetreet, above 1* if teenth.—Preaching To-morrow morning and evening by Hoy. J. Glentwortli Butler,D.D., oftbiacitr. . -it* agg* NORTH BROAD STREET PRESBYTERIAN 990 Church.—Rev. W. 31, Wines, of Kecheiier. New York, will preach to-morrow at 10)6 A. AL and 7)6 F.M. it* old spruit: street baptist ciiuucu, * airesLbokw.Tif th. D.D.^Paator.—l’reacnmg Tomorrow Morning, and Even ing* Strangers welcome. U* BOP ST. PAUL’S CHURCH, THIRD STREET, below Walnut, will be open &a usual to-morrow •evening, at 7)6 o’clock. it* , PRESBYTERIAN CHURCH. SEVEN • teenth and Filbert etrefts. Rev. Mr. Bndelle will preach Sabbath morning and afternoon. it* atfBr*AFTERNOON SERVICE.—AT 3% O’CLOCK TO* •^r 9 ' morrow. at St. John's Lutheran Church. Race atrfeybelow,Sixth. Dr.Beftg, the Paator..will preach, * 90SF a TRINITY CATHARINE, JABOVE "*** Second etreet—Rev. donn W. Brown, Rector. Ser vice* tomorrow at 10)6 A M. aad 7H P. ML it* ' fe »PECIAE : NOTICES. fty- APPEAL BY THE MAGDALEN SOCIETY. ASYLUM .TWENTY-jaRST ANDk.RACEBTREETB, Wmiin B-aa.fpiWdcd Wl. It bw rescued, neartv a thou. sandicomtnirom ruin, and restored many of ’them to patbaof usefulness. Ithas nowatamßy ofTwenty-Six, andto In neediof immediate aid to cirry on.lte work Io cooperation with the iliiinioht meeting Association, just oreanfirndln MStoCf ty, considerable AthhUonal expensea wfll be lncurred.and mere are no funds to meet them. This Society has rarely appealed of late yean to . the public, and- combe now with that adfllfioual claim. for The Citj- of Philadelphia contain* oyer Titvlvc Ihowmd Fallen Women. What. further:to necessary to appeal to your.ympathyfCWhatcitizen in.tllo,full enjoymentof , hh> own vlriuot»lff'**lse needeany other arrimient ffian that Twelve Thousand FrlaQdltt*,; Outcast Womeayltß crvln.out to him forbelpf -,'■ 1 - ..... ~ Of th,-whole number of fallen women who Inhabit our elty one-third at leaat are dettroua of reformation bnt know not what atop to taka. They want only the guid ing hand of-sympathy to lead them into path* of useful. nei» and virtuo. . To do this 1* the work of the Magdalen Society, andfor whichlt now appeals to the public. Throe Thousand Dollars will be required to Carry. Out Dio proposed plan. Contributions to moke uo thls sum are earnestly soil cited by the Managers, and may be tent to the Treasurer. JOHN W. BIDDOb, No 818 Chestnut Btrcet, or to any of the Managers named below, vory Rospcctlully,, ‘ , . President .r r BOARD OF MANAGEIia ; fe‘|&eH«i rN? coiv Fraukui WB-. , Umtaut »tra e <- -■ fellat-rp.* , i^2»Mii? H « ,a • 00AI ' .*«> ’■ This Company to prepared" In 1870, d VOX. g O L OM QN SIIEPHERD- Treasurer. IaSO-tfrp No. 122 South efocoud Ctoeet. map- O. S. FOWLER'S LAST DAY OfThßENO logical examlnatton* and advice as to best business, maniages, cbtldron. Ao. Ac. i from a A. M. to to KTAf„ ft thOCpntinontal Utl Monday ata P.M., only.tfeiaitrpj ' *M -jAy' I: '^l ' ' ' ''f* ''' WS* ARTIBTB’ FUND SOCIETY, Galleries 133* Cliestimt St. ; The Exhibition of February and Bareli will be free to the Public. Open daiJy from P A. M. to 5 V, M. : fc!31516 20*4trp8 •ST From Joppa to the Jordan. A descriptive lecture on the above BUbJect win be de livered onMONDAY EVENING, February 17th. 1868, by Dr. WM. WILBON TURNER, In the NORTH BAPTIST CHURCH, EIGHTH street, above MASTER. Tickets, 26 eenla, , ■Or 8. K.MURDOCH, ESQ.! ~~ ’Sxab 3 in?— Havingfrequently bees gratified an ditori at your Reading*, add Knowing that your clocu tlonsry abilities have been often exercised in the cause of patriotism » well asiaetrucUon, a* the Inmates of both camp and hospital during the rebellion can gratefully testify, we, the undeisigned citizens of Philadelphia, and your warm personal admirers, hereby tender yon a com plimentary testimonial of our appreciation of yonrmerits -asm scholar-your mudfish conduct a# a patriot, and your unblemished character as a man, and would request yon' at your earliest leisure to name a suitable time and place for a Public Reading, at which we can again bo per mitted to enjoy your masterly renditions of the gems of poesy end prose... Motrta&llcßlichMlo B. H. Brewster, Wm. H. Alien, Geo. I. Rich!-. Geo. W. Petters, L, c. Cassidy. Joshua T. Owen, Jss. Page, • PeterXyle, Sam-lM.Zalich. Chas. IL.T. Collin, Bor.liubbeU. iWfci. , Pitu.A*JSLFifiA« Feb.l4, 1864 Otntmnen: Yonrvery complimentary requett la re* reived. lam deeply venaibie of this mark of your kind* ne»a and encouragement; my study *hail bo to deserve bo iUtterinx a proof of To or consideration. ■ 1 would name the evening of the 24th instant, at Con* cert UaU. Yourt, respectfully, . 8. K. MURDOCH. To Mresre. 31.McMIcliaeT, W. 8. Petrco and other*. Its att- THE SECOND AND LAST LECTURE OF Prof. ROBERT E. iOGEIta. before the TEACH EES' INSTITUTE, will be delivered at HORTICULTURAL HALE. WEDNESDAY EVENING, FEBRUARY 19. SUBJECT: "ELECTRICITY. WITH SPECIAL'REFERENCE TO _ GALVANISM AND MAGNETISM.” The Lecture will be brilliantly Illustrated by new and novel experiments. Tickets of admission, 00 rents. For sale at Trampler’a, 926 Chestnut street No extra charge for reserved ►eats. feU-2ti OFFICE OF THE CITY TUEA6CKEU, FuiLADKLiMiiA, Feb. 14, 18S3. NOTICE.—City Wirrantt liiued to 1857 will bo paid in the following order; Warrant* ferncd from January Ut to July Ist will be paid from March lotto 10th; those fumed from July Ist to December Mat will be paid from 10th fo 20th; V* arrant* of 1868 will be paid after the 90th Match. , All interest on Warrants will ceaseafter the dates above named. Holders of fivo or more Warrant* will prettnt a tebrdule ot the same, for adjustment, be* fore the time of payment. JOSEPH S. PEIRSOjU CUy Treaeorer. fei&strri be held»t the ArtorUotuc.in tbecity of Sr\v York.ou TL'ESDAV, March 10th. 18®. at one o’clock, K M.. for the election of elne Directors and three Xn'pcc'orß of Elec tion, and for the trataaetkm of sneb other bueineseas may properly be presented. I’olla oi>en from 1 to 3 o'clock, I’.M. ' A.C. PIEESON, feiastj .. . , Secretary* MS’- BT. MARY’* HOSPITAL. C-IBNEK OP FIIANKFURL) ROAD and PALMER STREET Depot), in charge ol the Accident c*«e» received if broeghf immediate!? after teception of injury. . Lrlpf fp caaoe received at a mode rate rate of board. Free medical nod unrgkai advice given on Wednesday and Sainrday A ftcrnwm. between 4 and 8 o’ett. fclS-tfrp HOWABD HOSPITAL, NOS. I*lB AND 1530 pw . Lombard etreot, Dispesaaiy Department—Medi cal treatment and medicine* forniahed gratuitously to the poor. NEWBPAFEBS, BOOKBa PAMPHLETS. WASTE Paper, Ac. Bought by E. HUNTER, de!7 ImS No. 813 Jayne ttreet Mendelssohn Society's Concert.— On Thurs day evening, Ft-b. 22ud, the Mendelssohn Society will give their second subscription concert at Con cert Hall. Tickets for 6ale at Meyer's Mnsic store No. 1280 Chestnut street Carl Sestz’s Orchestra Matinee on Thurs day afternoon was well attended, and passed off with some iclat. The orchestral pieces were ad mirably rendered, as usual, bv this superior and well-appointed orchestra. We cannot permit a performance like that of Mendelssohn’s Concerto, composed for violin and orchestra, to pass with out some remark. Mr. Wm. Stoll, ,Jr., was the executant, and be was rewarded by long and warm appiause from his audience. Three things are all-important for a successful performance of advanced violin music. These are quality of tone, just-intonation, and graceful freedom in' the bow aim, and itis not overstating when wo say that this youth is in full possession of them. That he is yet deficient in maturity of intelligence and expression is certainly no disparagement to him when we consider bis years. He is happily not.a precocious prodigy, but developed his tal ent naturally and in good season. By careful study-and folloHing good models, there may -be promised to him a brilliant career. It was not an uninteresting sight to see this young violinist step out from the ranks of the first violins and modestly place himself in position to play tho treat concerto, which he did well, but would ave done better had there been a more liberal rehearsal given by the orchestra, for, although his aplomb was admirable, there never can be too great certainty felt by a soloist and bis accompa niment. • Mendelssohn Sooikty’s Becond Concert will take place on next Thursday evening, in Con cert Hail, when it will have the assistance of a : number Of. professional solo singers and per formers,: ana also. Carl Bcntz’s excellent or chestra. One of the attractions which claim particular attention is the first performance in America Of Ferdinand ’Hiller’s Cantata of Lur line.. The celebrated, Khine Legend of the Lofeley has been worked up into an interesting libretto. Biller, born at Frankfort, and living at different times in Dusseldorf and Cologne. (Where we saw him In 18G0), was admirably fitted to compose the music for such a wild story, full, as it is, of German fantasy and poetry*. The music Is light, graceful, at times impassioned, and throughout of a pleasing character. It is, in fact, an opera without scenery and costume, and will no doubt give great pleasure. n. Italian Opera.— On Monday, the second of March, the LaGrange-Brlgnollopera troupe will begin s short season of Italian opera at the Aca demy of Music. - Anotiucb Newspaper Case.— Another novel action against the Courrier Francois has been tiled in a civil court in France. A member of the staff of the. Journal, a M. Meaier, who writes under the alKnatJtte , Tenot," CoHipiftlned that a paragraph not written by him appeared In the paper with his name attached to It. He required the Cpurner Frangais to Insert a letter from him denying the authorship, and upon the question whether this was n legal demand or not, Issue was 'Jollied;; Tbp'ddurC decldedin ’favor of the plaintiff, ordered that jd.. JJeuUr'a letter should be Inserted withm three days at thehesdof the leading column of the Courrier Franfais, and "j - A-Mimtaby School.—At Orenburg, on the borders of Tnrkhtftn, a military school has been established for two hundred pupils, one and twenty, of whom are to Be fielected from the eons of Tartar and Kirgbls chiefs.; AS" Russians, and Tartars generally get on well together, the new school will probably confirm the good rela tions between tho two nationalities In the border country.’ SPEVJUUb NOVICES. Fra. If. Dtiffee, <Jno. u. Butler, A. VV. BlickOuni, B. P. Kind, ■Too. J. Rodgers, H. B. Petereou, Geo. W. CamblOE, H. W. Glmbor, .Too. A. Clark, Win. B. Hanna, Joe,'M. Cowell, David P. Weaver, B. F. Palmer, ' U D. \veb»t«r, E. W. C. Greene, Jno. JUawlor. MUSICAL. PHILADELPHIA, SATURDAY, FEBRUARY 15, 1868. THE COURTS. GIRARD COLLEGE. Important Application in the Supreme Court. Proposed Appointment of Trustees by the Court. A Bill in Equity has been filed in the Supreme Court, in which John A. Barclay, surviving cx ccutorofthe will of Stephen Girard, joins with several other prominent citizens in pray ing for a change in the mode of governing Girard College, which will save It from all political in fluence. Mr. William Welsh, who was for more .than thirteen years a director, would have joined in ibe action, but he may bo needed as a witness. He has, however, prepared a statement which will shortly appear before the public. The Bill la Equity is as foUowe : To ike Honorable ike Judges of the Supreme Court for the Eastern District,of Pennsylvania — Sitting in Equity.— Between John A. Barday, surviving Executor of the last will and testament of Stephen Girard, deceased; Thomas Roblnß, John O. James. Stephen Colwell, Thomas T. Newlln, James Magee, John C. Cresson, Charles Macalester. and William Duane, citizens of the city of Philadelphia, residing within the limits of said city, as it existed at the time of the death of said Testator; also, John B. Pyc, an orphan residing within the limits of said city as it existed at the lime of the death of said Stephen Girard (by his next friend and mother, Ann Fye); Geo. Cornish, an orphan residing within the same limits (by his'next friend and mother, Matilda • Elliott, formerly Cornish); Graham McCollen, an orphan residing within the same limits (by his next friend and mother, Eve McCuUen); for themselves and all others interested in the sub ject matter of this BUI, who may hereafter join as phnntffi, and the city of Philadelphia; also, WiUiam ti. Stokiey, President. | Here follow the names of members of both branches of CouncUs and of the Directors of the CoUege, which we omit j < Yonr Orators complain and say: I. That Stephen Girard, late Of the city of Philadelphia (as the said city existed prior to the •.Mthof April, 1854, under the corporate name of the Mayor, Aldermen and citizens of Philadel phia), died in 1831, having first made hlB last wIU and testament, of all parts of whlch|having any bearing on,the issues raised by thiq bUI. a copy is hereto annexed which plaintiffs pray may be taken as part of this bill. 11, That the said Testator, being “particularly desirous to provide for such a number of poor male white orphan children as can be trained in one institution, a better education, as well as a more comfortable maintenance, than they usu ally receive from the application of the public funds.” after having, by various bequests, made provisions for relatives and friends, devises and bequeaths all the residue and remainder of his real and personal estate to the “Mayor, Aider men and Citizens of. Philadelphia, their successors and assigns,” In trust for various purposes; ot which the prin cipal one, as erroressed by the testator, “the pri mary object” of his said ireslduary.bequest, was the erection and maintenance of a permanent college, consisting of suitable buildings, to be constructed from time to time in proportion as the number of orphans applying for admission increases, the expressed ‘ ‘design and desire of tho Testator being that the benefits of said institution shall be ex tended to as great a number of orphans as the limits" of the ground appropriated to the purpose by him, and the building that might be erected thereon, can be made to,accommodate. 111. That the Testator’s purpose and intention in regard to the said College was, not merely to confer a benefit on the orphans who should be maintained and educated therein, bat also to be queath and confer a direct and substantial benefit on the great body of bis-fellow-citizens of Philadelphia; which benefit did not .consist, solely or mainly, in providing for the main tenance and education oi the male orphan children of their commnnity, though he gave them a priority in the right to maintenance and education, which, ii the trust had been properly administered, would have been and could still be extended, so as to embrace not only all the quali fied male orphans of the old city, bat also a large number, if not all, the qualified orphans of the State of Pennsylvania. hat the peculiar and great benefit intended to be conferred on his fellow-citizens of Philadel phia in connection with: tbe provision for the maintenance and education of their orphans, consisted in giving them the control and manage ment oi the College where their orphans were to be thus maintains and educated, including the right to appoint teachers and Care takers who would take personal interest in 1 said orphans, and who, besides possessing the moral and other qualifications lor their respective offices, would be persons whose character, opinions and prejudices should accord with those which might from time to time prevail in said commu nity, so as to bring up said orphans in the man ner preferred by the community of which they formed part, and in intrusting to said communitv the administration of the estate from the income of which tbe college should be supported, so that in amonnt and in the manner of ita application, it should prove sufficient to give to all their or phans “a more comfortable maintenance, and a better education” than is usually received from the application of public funds. IV. That- by thus inseparably connecting the administration of the estate by the income of which the College was to be supported, and the management of the College itself, with the enjoy ment of its benefits in theedneation of .the or phans of the commnnity, to whom snch adminis tration and rights were delegated, the Testator reasonably believed that he was adopting the most certain means to insure that the dnues of the Trust he was creating would be faithfully and judiciously discharged; all of which he expressed in the 21st clause of his will (being the principal clause ill which provision is made for said Col lege), as follows: *Tn relation to the organization of the College and its appendages, I leave necessarily many de tails to the Mayor, Aidermeuj and Citizens: of Philadelphia, and their successors; and Ido so with the more confidence as; froth: the nature of my bequeste and the benefit to resalt from them, I trust that my fellow-citizens of Philadelphia will observe and evince especial care and anxiety iu selecting members for their City Connells'and other agents.” V. That at an expenditure of . nearly two mil lions of dollars ' a College was erected on the ground appropriated by tbe Testator, and opened for tbe reception of orphans in the year 11)48, and until April, 1854, was under the control and charge of the Councils of said city, of which the Testator, had becn a member. in his lifetime for many years, «nd whigh represented ]&< said fel-i low citizens. . VL Ttiat by and under the provisions of an Act of :Afiaembly of thls Commonwealth, entitled “A farther supplement to nn Act entitled 'An Act to Incorporate the City of Pbiladelohia,’ ” passed the 24th day of Aprll, 1864, and tiaaully known 8B the “CorisoUdatlon Act.” tho city of which the,.corporate name was ‘'The Mayor, Aldermen dno CtUKhshf ThiiadelphlaV’ the ciUzenß where of were the fellow citizens referrad toby-the Tes tator anhiubcnea claries, together .with twenty tdno oilier adjoining municipal corporations, were consolidated Into one. corporation, under ,t}ie tiycof ''The Cltv of Philadelphia, #t& OUR WHOLE COUNTRY. various supplements thereto, the title to oil prop erty of the old city was declared to be vested in too consolidated city. That plaintiffs are ad vised and!charge that tho right to the legal tide of the residuary estate, real and personal, of said testator, is an entirely different thing from the personal right of acting substantially as testa mentary guardians of tho persons of sold orphans and of their property rights under said will, and that nothing m sold act can be properly con strued to-deprive tho community of the old city of the personal rights and benefits conferred on them by the testator, Including those of having their male orphans maintained and educated un der their own guardianship and control,or that of officers directly representing said community, or to extend said rights and benefits or any of them to persons outside of the limits of said old city. VIII. That the city of Philadelphia has hereto fore purported to apply tho whole net income derived from the residuary estate of Stephen Girards with the exception of the amount set apart by the terms of said residuary devise for tho improvement of Delaware Avenue, and of the'amount given to the Commonwealth of Pennsylvania Tor internal improvements, to tho maintenance and education of the said orphans ' at the College; and that the whole 5 thereof with «*idmßK£tum,.has been, and would; Infact, now be ‘required for those purposes, and ‘ therefore thaf the whole is the property of said orphans forthepurposesof maintenance and education. IX. That the legal title to the residuary estate of Stephen Girard becamq-vcsted in the consoli dated city, under said Act of 24th of April, 1854, in trust, to allow the community comprising part of their own municipality, on whom the Testa tor substantially devolved the duties and rights of testamentary guardians of the persons of said orphans, and of their property rights under said will, by and through the instrumentality of agents, trustees, or officers, i ho may be considered, and, infaet, be municipal officers of the present city, but who, whatever the style of their office, should be elected by and exclusively represent the community, a component part of eaid present city,on whom the office of testamentary guardians was so delegated, to take charge of the property and receive the rents, income, and promts neces sary for the maintenance of said College, and properly applicable thereto, and control and en force the application thereof to the charitable purposes of maintaining and educating, orphans in the manner, in said will provided and di rected, . | X. That, in fdet, no officers or agents have been elected or appointed capable of discharging the office of such, substantially, testamentary guardians aforesaid, on behalf of said commu nity or citizens of the old city, or otherwise re presenting their rights and Interests under the will of Stephen Girard, and there is no existing law prescribing the manner of the election or ap pointment of such officers. XI. That under the Act of Consolidation, the consolidated city was divided into 24Wards (since increased to 28), covering a territory manifold greater in extent than the old city, and of said 28 Wards the whole of the old city is included in 6; that, therefore, the old city has bat a small minority of representatives, and that gaid Coun cils, collectively, can in no way correctly repre sent the community to and In whom were con ferred and vested the personal rights and duties as beneficiaries under the will of Stephen Girard aforesaid. XII. That, nevertheless, the Connells of the consolidated city have nsnrped and assumed the management and control of the persons of said orphans, their, maintenance and education at said College, and their rights of property under said will, and,all.and singular the rights of the feUoMeitizenß of said Testator composing the cpmrffpnity of the old, city, In allrespecta.-aa.if said community had no special rights, interests, or duties in the premises other orgreaterthan ail the citizens of the present consolidated city. XIII. That the Councils of the said city, act ing directly and through committees, directors, and other agents appointed under thorn, have, since 1851, grossly mismanaged and abused the trusts under the said will; among others, in the following particulars: 1. When the Councils of the new city came into power, the College was managed by a Board of Directors, sixteen in number, appointed by the representatives of the old city. Fonr vacan cies occurred yearly; which would have enabled the Councils to change’ the whole Board In a few years; but, apparently desirous to place the management in the hands of those who would discriminate unjustly against the old city, by an ordinance dated in 1866, the old Board of Direc tors was at once abolished, and a board of eigh teen, a large majority of which was composed of men whose opinions and sectional prejudices corresponded with those of the majority of Coun cil?, was created, by whom, accordingly, appa rently with a view to deprive the community of the old city of the benefits to which they were entitled as aforesaid, it was shortly after wards determined, contrary to what they were informed by their legal advisers was the true construction of said will, and to the uni form practice of the College since its opening, that “the Committee on Admission be instructed thereafter to give preference In admission to ap plicants who are destitute of both parents; pro vided that the condition of such applicants is of a character to render .them special objects of con? sklcration;” which, if acted on, even apart from anj- effect of the pregnant proviso to the .resolu tic-u.wculdhavo reduced the nnmber- oLaruhaua .. entitled to edncailou, Irom the old city, to less than one-half the number that would otherwise be entitled, and enabled the Directors to fill the ! deficiency by admitting orphans from sections of the jiresent city, outside of the limits of the old city. Having been enjoined by this Court from act ing on this resolution,, the Councils of the con solidated city, their agents and directors, have nevertheless passed such rules, and acted on their rules for the admission of orphans, in such way as to practically deprive the orphans of the old city of part of the benefits of said charity, to j which they were justly entitled, and to transfer said benefit to orphans from parts of the present,, city, outside of. the limits of the old city. Thus, while it is admitted, as decided by this court, that orphans from the old city have an es tablished right of priority, and, after them, all orphans of the State of Pennsylvania have an equal right, orphans from the present city, out side of the o}d city limits, having no preference over those from any other part of the State. Sjnce 1854 a very lame number of orphans, bom within the limits of the old city, and in all respects qualified, who have applied for admis sion to Cam College, have been excluded on the plea of insufficiency of funds till after they passed their tenth year, so that they never can be admitted; action on the applications by others born within the old city limits'and equally quail- ■ fled has been suspended for the same reasons,and the orphans are now waiting for admission; and hundreds of orphans born in, the old districts,- , uowpart of the consolidated city, have been ‘ admitted into the College, making a large pro portion of uir the orphans received; while not : more than-ten or twelve have, dorlng the same time, been received from the State or Pennsyl vania. outside of the present city of Philadelphia. 2. That said city,ever since IBs4,havein a mea sure disregarded their duty as, Trustees. and thq express directions of the will in regard to the appointment of. instructors; teachers, assistants and otherjaeccesary agents, and for several years past have -'Wholly done so, and, instead of ap pointing persona .of tried skill in his-or-her dc* - pariment, and of established moral oharacter, exclusively oh account of their merits, and not through'favor; or; intrigue, as expressly, directed by the Testators they nave been in the habit of appointing a Board of Directors, to whom i they delegated the power of - making ether appointnients,andlasteadofeolectingDl rectora on aceonnt of their merit, established moral character, and other .qualifications fpr the i office, they havo bßen selected aud appolnted by I reason of poUtSoaT influence and political sor- , vices rendered, or. to be rendered, to the political ' parly to wttCh in’’phtthcild, fir rare ‘ I, time being, belonged; and the Directors, bo ap pointed, have been in the habit of making i other appointments, substantially in the same way, selecting persons, to All offices on political grounds, without regard to their quali fications for the office to which thev were-ap polnted, or to the terms of the will, 'or the in terests and good of the orphans under their charge. And some of the most experienced and best of the Directors have at various times re signed, because they could not check the corrupt ing influences'of party politics, or prevent the consequent abuse of the trust. This evil has been gradually increasing'; vet, in 1865, when it was much less than it is.at present,the Directors of the College, in a report made by them to Coun cils, officially confessed.the then existence of this abuse of trust, and, quoting, the opinions of, a learned man residingw-nnotoor State, as to which they say that, regarding the source flrokn which they come, they maybe cited as authoritative, they agree with him, that for the good govern ment of the College, it was absolutely.necessary that “some mode most be dovised by which the politics of the city shall cense to Influence the choice of Directors; in other words, Girard Col lege must be taken out of politics.” Since then this abuse of trust has so much In creased^that now,for thefirst timeintoe history of the College, the Directors, without exception, all belong to one political party, and in the words of a sworn statement made by a late President of the College, the members of the Board of Direc tors took no Interest in the disaipline of the In stitution, or in the personal welfare of the boys, and seem to have secured their places only that they might procure their friends to furnish the supplies to the Institution, or procuresoma of the subordinate places for their relatives; 'while, by a published statement of a majority of the Directors at present In power, it is acknow ledged that the College has, foryears past, becn managed without regard to the good of the orphans, and that, in direct violation 'of the re quirements of the will; and their duties in the E remises, they have permitted the orphans to be abitually subjected to crncl and inhuman pun ishment, wholly unnecessary for their govern ment, .and. directly the reverse of “too mild means of reformation” prescribed by the will. That no proper system of moral training is adopted, but such an entire disregard thereof that, unless the evil is stopped by toe interposi tion of toe powers of this Court, and the College placed under the control of parties who wTI manage it with a view to the interests of tbe orphans, and tbe public, in accordance with the will of toe testator, there is reason to fear that this ebarity will prove an injury, rather than a blessing to the public, and a certainty that its sphere of usefulness will in the future be, as in the past it has been, much less than what it might be made. 3. That the residuary estate of the testator, the income of which shall be applied to maintain the Orphans’College, and to the erection of new buildings, nr til the benefits of toe Institution should be extended to as great a number of or phans as ihe.limits of toe forty-five acres appro priated to it can accommodate, has been, ana is being, corruptly and badly managed; agents and mechanics are employed to manage and repair the same because of their political opinions and services, and are expected, in return for toe em ployment given them, to subscribe money to aid m defraying toe expenses of political contests, in which toe members of Councils, and toe politi cal party to which a majority are attached, are interested; and the practical consequence has been, that, whereas, toe estate, if honestly man aged, would have been, and now would be suffi cient to extend the benefits of said charitv, not only to all the qualified male orphans of tbe old City, but also to a large number, if not the whole of those of toe -State of Pennsylvania, orphans from tbe oM City have been excluded, on the plea of want of sufficient funds as aforesaid, and from outside of the old City none have been admitted save only from the districts of the present City, represented in the Councils of Philadelphia, with toe exception only of abont six-orphans from the State of Pennsylvania. XIV. That toe said John A. Barclay is the only su vivor of the executors appointed by the testa tor: that by toe 26th clause of said will the power of visitation of toe saidcharity was bequeathed to bis executors and toe duty imposed on them, and the survivor of. them, of seeing that the intention of toe testator,in reßpect to his residuary bequeßts aforesaid, should be strictly compiled with. , XV. That the sold surviving executor is ad vised by his counsel that, in view of toe pro visions of toe will in this respect, it is his right and his duty to bring this bill against the said defendants XVI. That the executors of Stephen Girard have distributed all the. funds that cume to their bands, and have handed over to the clty*of Phila delphia, defendants aforesaid, all and singular the money and assets of every kind remaining after payment of debts, legacies and expenses; consequently the sold surviving executor has no lunds in his own hands to defray the expenses incident to the discharge of his duty in prose cuting the present suit. XVII. That the said Thomas Robins, John O. Jameß, Stephen Colwell, Thomas 8. Newlin, James Magee, John C. Cresson, Charles Macales ter, and William Duane, plaintiffs, are citizens of the city of Philadelphia, residing within the limits of said city as it existed at tbe time of the death ot said testator, and as such, interested in seeing that the Trusts created and appointed by tbo-wilfof said StcpbenGirirdwe faithfully exe cuted and carried out. XVIII. That the said orphans, John B. Pve, George Cornish, and Graham McCuUen, plain tiffs, were formerly inmates of the said College, and, as they allege , were unjustly expelled there from, by officers and directors who did not repre sent the old city of Philadelphia, and were not appointed by any one who did represent said community, or by any proper authority. RELIEF PRAYED FOR, 1. That the city of Philadelphia, defendants, be ordered to advance the money which plaintiffs. , om time to time,-may require to pity counsel d defray the expenses of this suit ' v That the Court should decree* that 'the said , of Philadelphia has abused andmlsnsed their Ti " and should thereupon displace them, and app- * other proper trustees to take charge of the t tnary estate of Stephen Girard, ana to discbni, i'' - said Trust. 8. .Tte. 'ourt should deoree that the Coun cils of tl city of Philadelphia are not competed!; , the will of Stephen Girard, to discharge t : and dntles of malntalalng, educating, at : tg for the orphans provided for by said clu . ud their rights of property nnder said will, but that all rights and duties in the nature of those, belonging to testamentary guardians of the persons of said orphans, and of their propcrty-rlghtß under said ' will, belong of ’ right to the people or community of the old City, and that the Court appoint trustees, se lected bom said community, to discharge the 4. That plaintiffs should have such further and other relief as to this Court shall seem meet, and equity may require Fallon & Serru.l, Geo. W. Woodward, For Plaintiffs. Thomas Robins, one of the plaintiffs above named, being duly sworn, says, that tbe facts, set forth In the foregoing bill, so far as the same are stated from his own knowledge, they are true, BDd so far as they are derived from the -in formation of others/he Believes them UTbe true; Thomas Rouiss TlieXeatne island Award Continued. Common Pleas— Judges- Brewster aud.Pelrce, —ln the matter of League Island. .Exceptions to report of jury. ' ' Brewster, J,—The exceptions to this report and the;arguments thereon may be considered under two general allegations; : ■ . 1, That the act of a ssembly which is the cor ner- stone of this proceeding is unconstitutional. 2. That the damages are insqfflclent., .The objections to the constitiitlonality of the law are‘’that the State canasjt tMfe property to • F. I. FETHEKSTON, Pobiisfe. PRICE THREE CENTS. give it to the United States; that b&e such a title thereto 8d the Qeheral GOvdrnmdat will accept; that the United Slates is as to the'. State of Pennsylvania aseparatenalton; that the . rhsht of eminent domain is Inalienable, and that (he Government cannotbecompeUcdito take or nee the land.” . ■ / The simple statement ofthese’ obfectitoiJa ja attf -11 clent to show that few, if any. oftfaem dp proaeh to the dignity of a constitutional-qaes tlon. .When we are considering thevaiMlty of a statute, what have we to do with tke gneattotoiof title to the iand r the acceptancre or rcfufi&V Ol ; the government, or the inability to coerce snubSc nee ol the property? , The constitutionality of State-laws hasbentiao frequently discussed that ccmta-printdpledTidve aTranonhad g^lwln’vwy' 1 • Theflwt of these is that the pretramptlott isTni' favor of the Legislative act. The.eecond is that ftp who attack* a-State law’’’ nmst point to the 'constitutional clause wideh' prohibits or condemnsit 1 We do not regard tfae United States as a fbrelgn> nation—nor can we subscribe to the suggestion— for It was not pressed aa argument—that the erec “o“ ofrorta and navy yards for the protection of this city and State, and porhapafhr the whole Union, la not a dedication td public' uic. “To provide for the common defence” was one of the great purposes which led to the- forma tion of a Nation and tho adoption -of its Constitution. With the present improvements in science, an iron-clad navy is regarded aa anin dispensable arm or defence, and the National Legislature have selected League Island for its depot, as combining more Important advantages than any other place upon our coast.' Jf the equipment, repair and maintenance of a power ful fleet in our very -waters is not a “public use’' of our harbor, it is difficult to understand what is meant by that expression. The authorities cited do not seem.to snpport this exception. . Wilkinson vs. Inland, 2 Peters, 027 (1829). simply decided that the Legislature of New Hamp shire could not pass estates lying in another ' State. Bonaparte vs. Camden $ Amboy Railroad. 1 Bald : 205 (1830); Beekman vs. Saratoga Rail read, 3 Faiye 46 (1831), and Bhodgood vs. Mo hawk Railroad, 18 Wend : 14(1837), are to the familiar point that a State can take Land for a Railroad upon compensation to the owner. The Albany Street Case, 11 Wend : 149 (1834), de cided that the city of New York conid hot fake for a street more land than-was required for the highway. Varickvs. Smith, IvPatge 137 (1836), rules that tha right pi eminent domain can only bo exer cised where the public interest is to be promoted. Norman vs. heist, IK. # 8. 174 (1843), and £am bersonvs Iloyan , 2 Barr 24 (1845), deolde'that tha Legislature cannot take away vested estates by a retrospective act. Pittsburgh-vs. Scott, 1 Barr 309 «, sustained the constitutionality of the act r opening of Duquesno street, in the city of Pittsburgh; and Sharpless vs. City, 9 Barr 167 (1863), lb the well-known citation favoring muni cipal subscriptions. None of these eases hah the remotest beating upon the question before his. The West River Bridge Company vs. Bix, et ai. 6 Howard, 607 (1848), is directly against the posl- . tion assumed by . the exceptants. It was there held that a bridge belonging -to an incorporated company may bo taken as part of a public road, and the dissenting opinion of Mr. Justice Wood- . bury, to which we were Specially referred, con tains this expression: “Where the pnblic use is one general and pressing like that often in war, for sites or bat teries, or lor provisions, little doubt would exist us to tho right.” In Bedded vs. Bryan, li, Md., 44) (1833), the act of the Legislature of Maryland .authorising* a taking of land by the Uclfcd BiateB for' the pur pose of.supplj tog the city of Washington with water: was held to be constitutional. Mr. Justice Bartai clearly demonstrates that this was a “pub- Be use.” ■ Gilmer vs. Lime Point, 18 Cal., 229 (1861), is also a direct authority, for there tne Legislature of California had, by act of February 14,1859, authorized the United States to condemn land within the State for military' or naval purposes. The opinion of Mr. Justice Bald win (with whom Field, C. J., and Cope, J., concurred) covers the whole ground of this con troversy and leaves nothing for discussion. The authority of the State to take the back channel of League Island would Beem to be clearly estab lished by the recent opinion .of Mr.. Justice Strong In Comm. vs. Clark, Leg. Int, Feb. 7, 1868. * Upon principle, then, as well as upon autho rity, we are satisfied, first, that a national is a public use, and, secondly, that for such a purpose the Btate may. take land In order that she or her agents may give it to the General Government. We have already said that we do not regard the United Slates as a foreign government. -- ■ Having thus disposed of the first exceptions, there remain only for consideration the objec tions to the awards as inadequate and in sufficient. The moss of testimony and the arguments sub mitted have been careftilly weighed, and have led our minds to different conclusions. Weail agrec that ample damages have been awardedfor the meadow land. Our difficulty has been as-to the. marsh land or flats, being the ground comprised between high and low-water murk. .Judge Lud low thought these damages were too. low;, and ehould be increased. I felt myself bound by the report of the jurors ;.and, upon consultation with the other members ofthe Ueurt, a naaloHty are in favor of affirmlne the awards, and, therefore, the exceptions are dismissed. Landlord and Tenant rase* Hoeger vs. Hcrtzog.—Brewster J This Is a rule to show cause why the judgment of affirm ance entered by us upon a certiorari, to remove a. landlord and,tenant's proceeding under the: act of 1880, should not be stayed. The reason assigned is that some months prior to the commencement of the case retnrned upon the certiorari the landlord obtained a. judgment for the rtnt then due, from which- judgment the -tenant appealed, and gave, as required by law, se curity for all rent accrued and to accrue up to>. final judgment. V The Appeal being undisposed of, the tenant nrgueß that it would be unjust to proceed upon the second judgment obtained for another month's, rent, until the final determination of the first controversy, and that the plaintiff's hands should be stayed because he has security. However plausible this argument - may be, it is a.snfficlent answer to say that this.'applica tion hue no warrant in any statute or decision to which we have been referred. The irregularity of such a proceeding is well illustrated by looking forward: to'its palpable re sults. If the landlord Should be successful in the first case, then the result would condemn bur. action. If the tenant gain the victory it would still be no bar to the second judgment, which must at all events be then executed with ail its rigor. In either aspect we should be delaying justice, and he who delays the right denies It. T lie rule Is discharged. lh« Hettit American land C'ou»l>aajr« In this case the rule was discharged, hut exe cutions nfiowed to issue. ; ' _ Kellogg vs. Kellogg. Libel for divorce. Judge Peirce delivered an opinion In whloh it Is skated that the testimony shows ground for the divorce, hut owing to tbo fact that the libellant-had not resided ftHhe State onayaar before the libel the divorce was refused, - 1 The Remission of Sentences*’ ‘ : si,piikMS Court— Chief JuatlceTtompson and Justices Strong, Agnow . and Sharswood— This morniug was fixed. for the writ of habeas corpus and writ .01 error. In the case of Mallory and Keating,’lnyolving tne. right of the judges of the Quarter' Sessions, At tie opening of the Courts Mr.'Grawford- announced ihnt Attorney^teneralßrtnrSter was actuallyen gaged in tho UistrlctUottrt, and could turt, be present. Theflourtlhen fixed Wedaeadaynex t ,or the hearing, ‘ , [Continued on the Eighth pty'e.j
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