The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-02-01
GIRARD TRUST BILL.

j Yesterday morning in the Supreme Court
fore full bench, the case of the City Of Phila-
blphia vs. Daniel NJ. Fox and others, involving
+ ae constitutonality of the act creating Board
NJ Trust, was taken up. Messrs. Olmstead and
Meredith argued the case for the plaintiff, and
&Messrs. Mccall and Strong for the defendants.
tThe argument was opened by Mr.. olmstead.
ARGUMENT OF EDWARD oLMsTEAD, ESQ.
May it please your Honors, the gentlemen on
the other side say that this Is constitutional
and demanded the exercise of judicial powers by
the Legislature. The judges who are finally to
kdecde the case are made parties to It. These are
kfhe two grounds on which we say 1t is unconsti,
Itutional. This act discharges the corporation of
3the city OF Philadelphia from being trustee of
|(these estates, and next, the Legislature cannot
discharge the corporation from these trusts, be-
cause, far as these trusts are concerned, 1t Is
70 be treated as private corporation or as an
Individual.
Now, as to the consttutionality of the act,
|our learned opponents ask us in their argument
Ito point out clause of the Constitution to
(which this refers, and for that they cite Sharp
less vs.. The Mayor, where 1t Is said no reference
as to the language of the Constitution will act
upon a court of law to show that the statute of
khe Legislature is unconstitutional. In Martin
s. The Pennsylvania Railroad the object was
Bhis-tO exempt from taxation certain estates
rom the payment of taxes forever upon the pay
nent of certain sum of money. They said
his was unconstitutional. The doctrine there
decided was that the legislative power was a
grant by the people 10 the Legislature, to be
Pxercised from time to time as the necessities of
he Commonwealth required 1t. They therefore
Eould not exercise their legislative power at one
ime. 1t was to be exercised from time to time,
hs the necessities of the Commonwealth re-
luired.
In a number of cases, especially to one in the
,aper book, Berges VS.. Dentler, Judge Lowry
aid after referring to that portion of the Bill of
Rights-No man shall be derived of lite liberty,
r property unless by his peers: These provi-
ions are therefore imperative limitations of legs-
ative authority. The power granted by the
Constitution to any department of the Govern
nent is a full grant of all that power, and 1t
annot be interfered with by any other branch
If the Government. The case l have cited de-
ides it, In the very case of Sharpless and the
Mayor, Judge Black, in delivering his opinion
md that was the opinion of the Court-said the
udicial and executive powers were lodged else
vhere than in the Legislature, and they were
orbidden to encroach upon the rights of each
ther.
The powers given to one department cannot
exercised by any other department of the
overnment. Now, then, is this exercise of the
legislature the exercise of the judicial power !?
lay it please your Honors, the jurisdiction of
usts and removal of trustees has been judi
al power. Nothing would shake a community
lore than an assumption by the Legislature of
be right to discharge trustees of private trusts.
the Legislature have authority to discharge
very private trust in the Commonwealth, you
III see what fearful power is assumed. Now
this corporation is not n private trust, then
Init we do not come within the prohibition we
ave named. l admit that the Legislature can
bolsh this corporation, and then these trusts
Ill and they can then appoint another corpora
on if they choose. They have not however,
ioposed to abolish this corporation, but they
ertainly, in effect. take away its rights in GER
in cases.
This act of Assembly provides for the appoint
nent of a Board which the Judges of this Court
hall appoint. 1t provides to make them the
gents of the corporation. In the first place. to
Ike away from a corporation the power OF ap-
Ilhtng its agents is, in fact to destroy the
brporation. Almost the only power a corpora
On has is the appointing of its agents to do its
Fsk. A municipal corporation has power to
point agents. 1t can only enforce its bylaws
trough means of its agents. The language of
ais act goes q little further. In the first section
provides that these Directors shall exercise
I'd discharge all the duties and powers of said
.y etc.
Now, this corporation of Philadelphia, under
will of Mr.. Girard had the power to execute
trust and had the power also to administer a
rge portion of the trust created by the will
to certain trusts created by Mr.. Girard it had
bt the power. For instance, it had not the
bwer of widening Water street or take down
ooden buildings then existing. The Legisla-
70 then granted certain powers to do certain
ings 1t certainly gives to this board power
act ordinances. The possession OF the pro-
fty is given to them by the fifth section, and
control is given to them by the section !
e read. They are to report simply to the
tie annually an account of their doings.
n fine, the whole object of the act was to
Est the city of all control over these trusts, to
@ the property out of their charge and to
everything in the hands of the Court II
was the act, if the city are discharged from
duties trustees then if we show that the
poration, 80 far as trusts are concerned
in individual or private cooperation, then We
the Legislature attempted 10 destroy q pri.
q trust by a statute. In what capacity doe
city exercise these trusts Before advert
to the cases in Pennsylvania on the subjec
the public corporation, having as 1t were
Ilic and private side, would desire to draw
ar attention to another matter. The cor
ration of the city of Philadelphia has n,
wer in express words to exercise the trusts
hean to say il is not written in the charter tina
corporation shall have authority to ad
mister trusts.
he first charter authorizes the citizens o
dladepha at all times to have, purchase, take
ceiYe, and enjoy lands, tenements, liberties
nchises goods chattels, and effects, and thei
ccessors forever. This is very large authority
d the granting to them the franchises might b
Rstrued to mean giving them the right to exer
trusts. They cannot sell at their pleasure
latter part of the clause is the key as to wha
Legislature granted. 1t did not give theI
Yer to take and execute trusts. If the Legis
hre authorizes this Court to appoint Commits
yners, your Honors are not bound TO do Sc
Ne forms of law do not control constitutions
hits l am right in this; first, that this is
icial power admitted to be exercised by tn
gislature; second that this Is an effort I
move the trustees from n private trust thf
corporation as to these trusts is an indiv
u. Another objection is that your Honor
made parties, and we say, therefor
the courts are not open so that we ca
e fair decision.
ARGUMENT OF WILLIAM NJ MEREDITH.