The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-08-25
WEDNESDAY. AUGUST %, 1869.
TIE DIRECTORS or CITY TRUSTS

Courts and the Supreme Court, which we
published yesterday, WILL for several reasons,
make it more desirable and important than
ever that City Councils shall fully test the
validity of the act passed at the last session
of the Legislature, which provided for the
transfer of the control of all city trusts to the
proposed new Board of Directors 1t
seems that Notwithstanding the valuable
patronage conferred upon the judges, several
of them doubted the constitutionality
and Justice of the whole proceeding, and that
one. at least, finally withdrew, determining
to take no further part in the action of the
board, while another refused to nomi-
nate a director Any one familiar with
eity politics will also see that, with a
few honorable exceptions, partisan and per-
sonal considerations have controlled nearly
every appointment. Judges, like Presidents
and Councilmen, are ''only human" after
all, and it is not very surprising that they
have looked after the interests of their next
best friends, or their fuglemen, or the men
most likely to be able to grant favors, or the
most astute wire-pullers of their party.
Government by commission has been grow
ing in favor in Philadelphia, and it has
hitherto been successful; but there is a vast
difference between the application of this
system to the affairs of the prison and the
almshouse and its extension to the City
Trusts The right of the Legislature to de-
eide how Boards of Prison Inspectors and of
Guardians of the Poor shall be chosen is un-
questionable, and if the people feel aggrieved
by their action, means of redress can be found
nb,11 atiO nr Ot
lation. But the transfer of the control of
City Trusts to board totally irresponsible to
the people is at once a very doubtful and
dangerous exercise of legislative power.
The main matter at issue is Girard College
and the Girard estates, but there are also
number of other legacies and bequests, and
the aggregate value of all the property in
volved amounts to many millions of dollars
Under the present system the control of this
property is vested i'll the city of Philadelphia,
and nothing can be clearer than that it was
tho intention of the testators that it should
forever remain vested in this corporation.
Stephen Girard repeatedly reiterates in his
will his desire that the Mayor Aldermen, and
citizens of Philadelphia shall carry out his
Intentions; he gave his property in trust to
2
the hope that the people would be melted to
increased care and vigilance in electing Coun-
cilmen by the fact that they were to exercise
supervision of his vast estates
1t is for lawyers and judges, rather than
newspaper editors unearned in the law, to
decide whether the new act does not contem-
plate fatal and radical departure from the
terms and conditions of the bequests but it
is beyond all doubt that the spirit as well as
the letter of Girard's will is directly violated.
If the new system goes into operation, the
people Of Philadelphia will practically have
even less control over the trusts committed to
their care than over the property of private
citizens. They will be directly represented
only by the Mayor and Presidents of Councils
three men in board of tifteen-the re.
manning twelve being appointed by the
Judges, to serve during good behavior, which
practically means for life, and five of these
twelve being appointed by Judges of the
Supreme Court, who are chosen by the
State at large, and only amenable to yer,
limited extent to the people of Philadelphia
Power, we are told is always slipping from
the hands Of the many into the hands of tn
few. but rarely or never has such sudder
and important transition been attempted
While it is possible that practical good ma
result from the proposed transfer, it is no
difficult to see that it may eventually lead t
terrible abuses If Councils act unwisel
now. their errors can speedily be corrected
but if a close corporation obtains control c
the estates, which are rapidly increasing i
value, it will be next to impossible to appl
a remedy. While our Judiciary remains pure
pure directors may be appointed, but If W
ever follow the example of New York an
elect bad judges (and this is by no means in
possible), the day will not be far distal
when the bequests will become the prey
plundering politicians
Nor is this the only danger A more imm
diate peril is threatened. 1t is well know
that Girard's relatives wage perpetual w
AGAINST the will that every pretext that cf
be devised for setting it aside is eager
seized that many lawyers and speculate
have from time to time assisted IN the pros
cution of these vexatious suits; and that tn
will make the most of any new ground I
fine revival of these proceedings. 1t is
curious coincidence that simultaneous WI
tbair LAST defeat in the United States cour
which appeared to be final and conclusive
law should be passed whlch CIV
them new cause for action.
Councils and the people quietly subn
to the transfer of the estates to close corr
ration, appointed in part by Judges OF