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