The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-05-08

because for several years back the production
has not kept pace with the increase of popula
ton. What the country needs is that the
wheels Of industry everywhere should be set
in motion, and worked up to their full capacity.
The country can no more grow rich by cutting
down its productive industry, than the farmer
can by ceasing to till his fields. The true in
terest of the workmen is not in diminishing
production, but in increasing it.
The Gettysburg Asylum'' Difficulty.
On the 9th of March, 1867, Governor Geary
approved Gan Act to incorporate the Gettys-
burg Asylum" both branches of the Legisla-
lature having previously passed the bill. This
act makes Generals Meade, Pennypacker
Sickel, and Beaver, and Mr. Joseph B. Berger
the corporators, and gives to any three of them
power to carry the terms of the charter into
effect. Among the powers granted is one to
"hold public fairs for the purposes hereinafter
mentioned, at such time or times, upon such
terms, and in such sOay and manner whTSoeve-
as to them shall seem fit, any LaOs ofhiS Com
monwealh to the contrary notwithstanding.
In accordance with this idea, two of the cor
porators met with General Coils as proxy
for third and adopted a series of bylaws,
among which was scheme to raise funds for
the Asylum by system of gifts similar to
those lately in vogue in the various States,
and exactly modelled after the famous Crosby
Opera House lottery, against which we heard
no newspaper attack until after it was over,
and all the money to be made out of its adver-
tisements safely pocketed by the virtuous pub
fishers. No sooner, however, does the present
scheme come up, than several of our contem-
poraries, whose silence in regard to the Crosby
fund was most significant, launch forth their
thunderbolts on the design and plan of the
Gettysburg Asylum. One excited contempo-
rary states that it has rejected the ad-
yertisement of the enterprise because ''we hold
the whole lottery business to be demoralizing
and pernicious in its tendencies. Yet we
find that for many weeks the Crosby Opera
House advertisements were accepted, and
highly complimentary notices given of the
scheme. The same paper pronounces the plan
'illegal vicious, and criminal" In the ex-
citement of the moment, the Attorney-Gene-
raj of the State was appealed to, and gave as
his opinion that no proxy could be lawful;
therefore the first meeting of the association
had no quorum present, ergo, the whole pro-
ceedings were null and void. Well, all this
is right if proxys are not allowed. There is
no cause for the jubulations of the opposition
over this plain logical sequence. But the Attor-
ney General further states:-
81 have read the statute; have read the
minutes 1 have read the by-laws; and have
read the proposed scheme, and 1t is my opinion
that the statute does not authorize any such
scheme and as Attorney-General l request
you, as the President of the corporation, to
give these corporators notice that L will resist
the execution of that scheme by prompt legal
proceedings"
Mr.. Brewster is a very good lawyer, and his
opinion, as a general rule worthy of all Gre
dence. But George w. Biddle and Samuel
G. Perkins are just as good lawyers as he is,
and both these gentlemen unite in the fol-
lowing:-
"There is a perfectly plain legal method of
testing any one OF the questions involved in the
letter of the law officer of the Common wealth,
or which he may desire to raise under this Act
of Assembly; and we cannot but express our
surprise that the public press should have been
made the vehicle of attack upon the corpora
| tion and individuals connected with it instead
| of resort being had 10 the courts of justice.
"Our advice is that the corporation and It's
| officers 40 on under The act aud use all such
| legal remedies for the maintenance, defense
and protection of their rights, as may from
| time TO time seem expedient.'
These gentlemen are of the opinion that the
coIporatOrs are acting only in accordance with
their charter, and that in devising the system
of gifts they act only within the limits of their
incorporation. We do not see how any other
conclusion can be arrived at when we read the
extract from the charter which we publish
above. We therefore cannot but consider
the righteous Indignation of our contem-
Porares as grossly inconsistent when read in
comparison with their past conduct, and
grossly stupid, when they assail the character
of the corporators for only acting as the char
ter expressly authorizes them to act. If the
power 'to hold public fairs in such way and
manner whatsoever as they see fit, any latoS of
the Commonwealth to the contrary notOithStand-
ing" did not contemplate such a system as
that adopted, we do not know what the power
granted means. We therefore think the
corporators are not guilty in exercising their
just powers.
The fault, if any, rests in the charter; and
as it was passed by both branches of the