The New York herald., 1869-01-09
UNITED STATES SUPREME COURT.

Further Argument Of the GIrard Will Case
MIR. IngersOlps Views to the Intent oi
the TestatOr-Thc value Of the Estate
Amount of the Surplus Income Claimed by
the Heirs-Ehcct of Consultation.
Madeline He,nfette Gtrdrd ct al Us The Cfty oJ
I7fladelphia.--m this cause argument OF which Il
stl in progress Mr. Ingerso on behalf OF the appel
lants, after discussing numerous other points, con
tended at great length that the eject OF consolidating
the city with the county municipalities was tc
render the performance Of the municipal uses de
vised to 1t impossible The municipal objects pro-
vided for BY the testator being "more competent
poce' ITO improve the city, itself and, In efrect
diminish the burden Of taxationn tthe consolidation
Of the city with its suburbs In 1854 are specific
against the accomplishment OF those purposes. The
object OF Mr. Girard was to give finish to municipal
work. at the date Of his VIII, far advanced; to i'm
prove, finish and adorn an already well ap-
pointed Municipality nun & This Sppears In all parts
propriate His idea was to. establish good
police an and Improve the city property and
time diminish the burden OF taxes OF the citizen.
These objects were within reach when the city was
ton There were to be levelIing and draining OF
nils ana swamps The city was built ami Mr.. Girar
proposed to add TO- its comfort and ornament. 1t
habitation OF man that hs left his money to. The
suburbs were to take care OF themselves. But the
ton was to make the city take care OF them. The
suburbs becoming BY tne act part OF the city, II s
S not 6e@ Uny a saas % nss1 must be 6s
spirit Of the municipal uses, which was improve
% ment finish. better appearance, accompanied BY
suburban need. Mr.. Oirard's legacy was used in
pursuance OF the terms of the will when it was ap-
cred with buildings, and which had only to supply
itself with elegance and comfort under moderate
taxation; s butt but y r y directly misapped when the
surface Of the ground for houses and highways and
paying the debts which are incurred BY such work.
had no suburbs, and BY % its charter could have
none and was ripe for the Improvement
is unlimited. Time WIN never be done taking it into
the inhabited part OF the plot ana the money Of Mr..
q Gaa .ne da mast 9 to Pay FOR It, The city had no debt
$4,000 oooan increase which followed the fall OF
city securities that accompanied the consolidation,
the market. The rate OF city taxation for the year
1854, the year OF the consolidation was 81 so on the
cesn yae % pps ~ lss + Mas
Girard for the Improvement OF city two miles
square Is insignificant when applied to an area OF
to much less than penny, and the purpose and
policy OF Mr.. Grard, which were improvement In the
ornament are indefinitely postponed II is true Of
this as Of all parts OF the case that the effort OF the
defendants Is to maintain themselves in plain and
papable violation Of the objects OF the testator and
II Mr.. Girard could have chosen between the de-
fendants' bold defiance OF his purposes, clearly
estate descend to the heirs at law he need not have
hesated. Every respect is due to legislative right
which Is exercised in modifying q municipal
charter; but the Legislature cannot modify, still
less cancel, mans last will and testament any
than his contracts. Mr.. Girard meant the old city
and not the new, and the Supreme Court OF Penn
sylvania have said In Lookon's case. In that
the uses intended for the benefit OF the old city
capable OF easy performance since consolidation in
this case they are incapable OF any performance.
they could be performed 1t must be with an uncer-
tainty, reducing performance to no performance at
ALL and the question for the court is, whether the
defendants shall retain their hold on this fund on
pretences transparently Insult lent In fact and hav-
pal charter which cannot destroy and not meant
to destroy, private right The estate, alleged In
the BILL Is $50 000 and It s claimed that there Is
an annual income derived from it beyond the wants
or the college OF $145 900. The heirs claim ratable
and argumenfthat the devise to the city is de-
feated by consolidation.