The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-08-24
CITY Trusts.

City Trusts.
The following record Of the transactions of the
Board of Appointment for City Trusts will be found
of great interest at the present time:-
SUPREME COURT ROOM PHILADELPHIA, July I,
1s69-Ths day, to wit, July I, 1869 meeting OF the
Judges Of the several courts designated in the Act OF
Assembly he enafter set forth, was held pursuant
10 notice given by the Chief Justice Of the Supreme
Court required by said act.
The following named Judges were present, namely
Hon, James Thompson, Chief Justice Supreme
Court; Hon. John NJ. Read, Hon. Daniel Agnew,
Hon. George Sharswood, Hon Henry w. Williams,
Associate Juetices Of the Supreme Court Hon. M.
Russell Thayer Judge District Court OF the City and
County of Philadelphia; Hon Joseph Allison, Presi
County of Philadelphia; Hon. James r. Ludlow,
Hon William s. Peirce Associate Judges OF said
Court ,,.- ... .,...... -.
Hon j. l. Clark Hare, President Judge OF the Dis
trict Court Hon. George NJ. Stoud, Judge of the
said Court; Hon f. Carroll Brewster, Judge Of the
Court OF Common Pleas.
The Chief Justice being President er-oRciO took
the chair, and on motion OF Judge Sharswood James
Ross SnOwden was appointed Secretary
The President read a communication from the
Secretary of the Commonwealth, which is as follows:
STATE or PENNSYLVANIA, OFFICE OF THE SECRE-
TARY OF THE COMMONWEALTH HARRISBURG, Pa,
July 5, 1SG9.-To Hon. James Thompson, Chief JUS
tice of the Supreme COurt-Dear Sr:-I am re-
quested to inform you that the 3Oth of June last
| the Governor approved the bill known as the City
| Trust bill. Most respectfully, ETC.,
f. JORDAN, Secretary Of the Commonwealth
The act of Assembly under whicA the board had
| convened was then read
|
| appointment of the Trustees be postponed until
there should be a full meeting Of the board. This
| motion was not seconded, and was not put by the
! Chair.
| Judge sharswood moved that the Board now pro-
ceed to select and appoint the directors OF the City
| Trusts with the understanding that the absent
| Judges make nominations and selection at subse-
| quent meeting.
The motion was agreed to.
Whereupon the Judges present made the follow
| ing Nominations
Chief Justice Thompson nominated II. NJ. Phillips
Judge Read do. VIM. b. Manu.
Judge Agnew DO. William Welsh.
Judge ShaTsWO0d DO. Edward King.
Judge hayer declined at present to nominate.
President Pre- S Judge Allison dd0 G. e. H. C t. Coils
Judge Pierce declined at present to nominate
Judge Ludlow stated that he was authorized by
Judge Brewster who absent, to nominate for
him, whereupOn Judge Ludlow for Judge Brewster
nominated George II. Stuart.
Judge Ludlow moved that the persons above
named be selected and appointed as Directors Of the
City Trusts.
Judge Pierce moved that this motion be postponed.
Which motion not being seconded, was not put by
the Chair, whereupon the vote being taken ON
Judge LudOws motion II was agreed to. on this
motion Judge Peirce declined to vote
1t was then ordered by the board that when it ad-
ourn it will adjourn TO meet on Monday, the 18th
inst, at O'Clock, at the present place of meeting.
on motion the board then adjourned.
SUPREME COURT Room, PHILADELPHIA, July 10,
1S69.-Ihe Board Of Appointment met pursuant to
adjournment. Present-Chief Justice Thompson,
President, and Judges Sharswood Hare, Stroud,
Ihayer, Allison, Ludlow, and Peirce.
The minutes of the last meeting were read.
sIt was moved by Judge Sharswood, seconded by
Judge Hare, that the vote on the motion of Judge
Ludlow at the last meeting, that the persons then
nominated be selected and appointed Directors of
the City Trusts be reconsidered, which motion to re-
consider beng under consideration,
| Judge SharswOod moved that the further con-
sideration of the pending motion be postponed, and
that the President be requested to call meeting Of
tbs Board on Saturday. the 21st day Of August next
at II O'Clock noon, in the Supreme Court room.
! This motion was agreed TO-.
Before the motion was agreed to Judges Allison
ana Ludlow withdrew from the meeting.
An opportunity being now given to make nOmina-
tiOns Judge Hare nominated John ii. MiChener.
| On motion Of Judge Thayer it was
Resolred That when the board adourns it will adj
| o'clock.
On motion of Judge Peirce, the board then ad-
| Journed.
SUPREME COURT ROOM, Aug. 81 1s69-The Board
} OF Appointment met. Chief Justice Thompson in
the chair. Present. all the Justices and Judges
The motion made at the last meeting to reconsider
the motion made by Judge Ludlow at the first meet
ing being before the board
Judge Brewster offered the following as an amend
ment to the motion TO reconsider:-
ReSOlCed, Ihat the act to city trusts, approved
June 80 1869, entitled further Supplement- to an
Act TO incorporate the City Of Philadelphia is un-
constitutional and void; and that we therefore re-
J respectfully decline to take further action there
| under
4 The President decided that the amendment was
4 The question then required on the motion to re-
consider on which question the yeas and nays were
uelhanued, ana are as fOlOws:-
: 1eas-Judges SharswOod Hare, Stroud, Thayer
PerGe, and Thompson, President-6. The nays
are Judges Read, Agnew, Williams, Allison, Ludlow
I ana Brewster-6. SO the motion to reconsider wai
not agreed to.
AT this stage of the proceedings Judge Stroud de
cheu 10 take any further part in the action OF thu
I, board. Judge Brewster then offered as an origna
! II Tesolnuon his resolution declaring the act unde
/ winch the board was convened unconstitutional
n (See resolution as abOve)
sr The president decided that the resolution was no
IN ORDER. WheTeupon Judge Brewster appealed from
70 the decision Of the Chair
AZ Judge Hare moved TO postpone the appeal and tn
d other proceedings indefinitely, upon which mOtiO
the yeas and nays were required and are as follows
" leas-Judges hare, Thayer, and Brewster-3. Tn
u naYs are Judges Read Agnew, Sharswood, Williams
nc STROUD Allison, Ludlow, Pierce, and Thompson
ly presldent-9. SO the motion TO postpone ndefntel
fe was not agreed TO.
1t The question then REQUIRED on the appeal, name
n. Small the decision OF the Chair stand as the judl
lis ment OF the board? And the same was decided
On the a1rInatye. SO the resolution was declared m
or | TO be in order.
ay At this stage Of the proceedings Judge Hare d
he Clned TO take any part in the action OF the boar
and requested te same TO be entered on the minute
DIV | He then withdrew