The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-09-13
THE CRY TRUSTS.
A Powerful Argument by william WclslI-IIc
Accents a Position on the Board,

The following letter has been made public:
PHILADELPHIA, Sept. II, 1SG9.-To James
l.. Claghorn, Esq. Dear Sir--The following
statement is made in reply to your inquiries
about one of the charities placed under the
control of the Direc ors of City Trusts by the
recent amendment to the charter of the city
of Philadelphia.
In December last The Supreme Court of the
United States, in a suit 10y the heirs, decided
that the State, as sovereign, has ample control
over the Girard Trust, because it was en-
trusted to a municipality that is a creature Of
the State.
The following is an extract from that deci-
sion:-
1T cannot admit Of doubt that where
there is a valid devise to a corporation the
sovereign may interfere to enforce the eXecu-
ton of the Trusts: either by changing the adj
ministrator, if the corporation be dissolved,
or if not, 10y modifying or enlarging its fran
chises. provided the Trusts be not perverted
and no wrong done to the benehciaries.
From the experience of the last fourteen
years it has become painfully apparent that
the Girard Trust was perverted" and that
wrong was done to the beneiciaries' by the
act of 1854, enlargng the franchises Of the
city. At the instance of many OF our purest
and most intelligent citizens, and with the
approval of the entire press, the Legislature
at it's last session almost unanimously reme-
died its former wrGLg to the widow and the
orphan by modifying the franchises of the
city corporation in strict accordance with
the recent decision of the Supreme Court.
The trainers of the Consolidation Act now
see that it would have been proper to have
perpetuated the charter of the old city in some
modified form, to serve as a perpetual trustee
of the property specially committed to it's
citizens in their corporate capacity To COM
pensate his felow-citizens residing within the
old city limits, and to induce them to be
faithful trustees Mr.. Girard gave them the
use of half million of dollars q preference
over all others in supporting and educating
their orphans, and the use OF all the surplus
| income from the estate beyond what was
necessary to maintain the college. BY the
Act of Consolidation, the management Of the
| college and of all the Girard estate
was taken from the old city and trans
| ferred to the then county As children
born outside of the old city limits have no
preference in admission to the college be-
| yond those in other counties in the State, it
is natural that the present trustees should
claim political and other patronage, and APP
point from the dominant party all the Direc-
tors of the college and every officer entrusted
with the collection or disbursement of money.
By the increasing atringency in the rules OF
political parties, this patronage is now claimed
as a right, and surely no Trust of any kind,
or any educational institution, can have the
confidence of the community, or be managed
with high efficiency, when its governors are
removed with each change in party politics.
Mr. Girard tried to prevent the present
lamentable state of things by forfeiting to
the State all coal lands and other property
outside of the city. if any one of the provi-
sions of his will was knowingly and willingly
violated" A bill in equity was commenced
in the Supreme Court in this State by the
surviving executor of Mr.. Girards will, and
by other citizens, TO remedy the alleged de-
fects in the management of the Girard estate;
but eminent counsel suggested that if the
suit was pressed forfeit of this valuable pro
perty might occur, and that as the wrong hat
been innocently effected by the Legislature
it was eminently proper first to ask it to apply
the remedy.
No one questions chat tho State has autho.
rity to so amend the charter of the city as t.
authorize the appointment of one or NOR,
city officers in any way that it may be pleased
to designate and to entrust to them all th
power now vested in the City Councils.
When the undersigned agreed to act as tn
representative of mis- fellow-citizens in en-
deavoring to procure such legislation as woul
rescue the Girard aud other charitable trust
, from the corruptng influences of party poll
: tics. he expressly stipulated that he shoul
be exempt from all further service, and tina
was his fixed detc mination. On his recen
return from visit to some of the Indian re
servations on the Missouri river he was sun
! prised to learn that contrary to the determi
: nation he had expressed, he had been ap
pointed one of the Directors of City Trusts
; Your arguments, and those of other Director
, and disinterested citizens, have overbalance
> his determination; therefore, he will be pre-
sent at the meeting to be held on the 18th inst
Yours, truly, WILLIAM WELSH.
, No. 1872 Spruce street.