The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-11-10
TIE LOCATION OF THE NEW


Now that an emphatic verdict of the people
has definitely settled the controversy with
regard to the site for the new public build
ipgs it would be we'll for the newspapers and
property holders in the neighborhood of
Washington and Independence Squares to
cease from further agitation of the subject,
for they must know that there is not the
slightest possibility that the choice made at
the last election will ever be set aside, and if
the new buildings are ever put up it is abso-
lutely certain that they will be put up on the
Penn Squares. The opponents of the Penn
Square site have been endeavoring very hard
to create a reaction in their favor on account
of the determination of the Building Com
mission to place the new edifces upon the
intersection of Broad and Market streets, and
there will doubtless be very persistent effort
to make capital out of the minority argument
or opinion of Henry M. Phillips, Esq,
who was the only member of the commission
to object to this determination. Mr.. Phil
lips is very able lawyer-in fact, there are
few abler-and any opinion of his upon a
legal question is entitled to respectful con-
sideration. After q careful reading of his
minority opinion, however, we are totally una
BILE to see the force of his argument upon the
points of law that it brings up, and in his
long practice as lawyer he has distinguished
himself by many a better specimen of the
art of special pleading The act of Assembly
by authority of which the vote of last Octo-
ber was taken says that ''the said Commits
sioners are hereby authorized and directed
to locate said buildings on either Washington
or Penn Squares, as may lie determined by
vote, and it further authorizes the Commits
sioners to vacate SO much of Market and Broad
streets as may be necessary. The meaning
of this provision of the law was clearly to
allow the buildings to be placed just where
the commissioners, fortified by the opinion
of their legal adviser, have determined to
place them. That the law was understood
in this way by the opponents of the Penn
Square site was proven by their using it as
one of their strongest arguments against
placing the public buildings there, and by
the terrible ''coffin" advertisements and pos
tesr, by means of which the utter ruin and
devastation of Broad and Market streets, in
case the Penn Square site should be chosen,
was demonstrated to the satisfaction, at least,
of those who contrived them. Mr..
Phillips argument on this point is merely an
ingenious legal bubble in words and it would
be impossible to word any law so clearly that
a clever lawyer would not be able to twist and
turn its meaning just as Mr.. Phillips does in
this case, but when the meaning of an act
of Assembly is as plainly written upon its face
as the meaning of this law is, more talented
lawyers even than Mr.. Phillips would find it q
difficult task to make it read differently from
what was intended by it's originators.
Apparently aware of the weakness of his
position on this point, Mr.. Phillips endeav-
ors to fall back upon the law passed in 1866,
which provides that Broad street shall be ap-
propriated for its entire length as the same
is now opened or may be hereafter opened,
and from curb to curb thereof, for the uses
and purposes of public drive, carriage-way,
street, or avenue; and further providing that,
for an expressed consideration, neither the
city of Philadelphia, nor any one, shall locate,
or lay, any obstruction on Broad street
prejudicial to the uses and purposes afore-
said.
If the Commissioners place street of 1876
feet in width around the public buildings,
they certainly cannot be considered as OBJ
structions either of Broad or Market streets
within the meaning of this law, bat, on the
contrary, the imposing structure to be placed
at the intersection of the two streets named
will be in the highest degree ornamental to
both of them. Union Square in New York is
in no sense an obstruction to Broadway, but,
on the contrary, it adds greatly to the impos-
ing character of that thoroughfare, and, in
like manner, an inclosure at Broad and Mar
ket streets with a broad roadway around it
will be the finest improvement to those ave-
nues that could be devised. That
Mr.. Phillips among all the Commits
sioners is alone in the opinions he
has advanced is itself an argument of great
weight against him, for the members of the
commission are gentlemen who are compe-
tent to decide upon questions of law as we'll
as of good taste; and whatever course they
may take with regard to the great work they
have on hand, the public may rest assured
that no decisions will be arrived at except
after mature deliberation, and that the new
buildings will be put up in the best possible
| manner.
| THE NEW YORK ELECTION.
The New York World, in commenting upon
I