The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-02-21

Ihie morning In the Nlsl frlus, DeIOre CnleI
Justice Thompson, the Attorney-General, in
half Of the new Board of Trustees, presented the
following bill in equity praying an injunction
to restrain the city from continuing the transac-
ton of business under the trusts, which the
recent act of Assembly, confirmed by the Su-
preme Court, vested in them, the new board
In the Supreme Court for the Eastern District
OF Pennsylvania. In equity.
William Welsh, Edward King, Henry M. Phil
lips, William B. Mann, Alexander Biddle, Charles
II. T. Coils, James Campbell, James /. Clag-
horn, j. Gillingham Fell, Gustavus s. Benson,
j. II. Michener, and George II. Stuart bring this
their bill of complaint against the City of Phila-
delphia, and against Daniel Nj. Fox, Mayor of
said city; Charles s. Smith, Superintendent of
the Girard Estates Samuel s.. Gavin, Agent for
the said Estates; Charles Cat, Superintendent of
Trusts; Samuel w. Cattel, President of Select
|. Council of said city; Thomas A. Barlow, G. K.
Kamerly, John G. Mccall, Henry Marcus, John
Cochran, John c. Bickel, John A. Shermer Alex.
l.. Hodgdon, John Fareira, a. H. Frauclscus,
Samuel g. King, George w. Plumly, Jolbl l..
Shoemaker, David CIamer William w. Burnell,
James w. Hopkins, Joseph III. Hockey, William
Bumm, James Richie, Charles ii. Harkness.
Charles Thompson Jones, William f. Smith, Ed
| ward A. Shallcross, Samuel L. Snyder, Robert
Armstrong, Hugh McIlwain, George A. Smith,
members of the Select Council of said city.
| LOUIS Wagner, President of the Common Coun-
Gil of said city; William Calhoun, Daniel NJ.
Blackburn, Geraldus b. Stockdale Isaac Grif-
6ths, Thomas Hamilton, William H. Fagen,
George w. Nichols, William Mountain, James
| f. Stockdale, John j. Hargadon, Alexander w.
| Grant, John Bardsley, John V. Greedy, John G.
Martini John Rice, Walter Allison, George l..
! Buzby, William B. Hanna, George w. Hall,
| Thomas II. Gill, William 7. Ladner, Abraham
| Kline, r. j. G.. Walker, II. G. Dram, ELL
| wood w. Leighton Henry Huhn, Il. w. Shields,
II. A. Stiles, John +. Glenn, George j. Hetzell,
James Logan, John Canning, William II. Ehret,
Daniel w. Stockham, Daniel p. Ray, Joseph 8.
aIA GhnnA lY,Inr
Daniel Currie, William f. Miller, William s.
Allen, James Jenner, Samuel Miller, William
Baldwin, George Widener, James Bowker, j. G.
Gilbert, Samuel G. Willetts, Amos r. Ellis,
| Henry Glass, Thomas Lewis, Charles Judge
George II. Shisler, James S. Stewart, John B.
| Parker, James NJ. Sellers and George w.
| Myers, members of the Common Council of said
city; Joseph +. Marcer, Treasurer of said city;
Samuel p. Hancock, Controller of said city.
And thereupon the plaintiffs complain and
show
l. That an act of the General Assembly of
this Commonwealth was approved June so,
1862 entitled IA further supplement to an act
entitled AN act to incorporate the city of Phila-
dephia approved the I'd of February 1854
creating board called Directors of City Trusts.
(P. L. i276.)
II. That said act provided inter ala for the
appointment of persons to constitute board to
be called Directors of City Trusts, which board
was thereby authorized ito exercise and dis
charge all the duties and powers of the said city
| J, III,
any property appropriated to charitable uses, as
| well as the control and management of the
| persons of any orphans or others, the objects OF
such charity, to the extent the same have been,
or hereafter may be, by statute law or other
wise, vested in or delegated to the said city or
the officers thereof" And it was further by said
act provided that "all and singular the duties,
rights, and powers of the city of Philadelphia
concerning all property and estate whatsoever
dedicated to charitable uses or trusts the charge
or administration of which" then was or might
thereafter 'become vested in or confded to the
city of Philadelphia shall be discharged by the
said city through the instrumentality" of said
board '-... -., - .f
III. That by said act the Treasurer of said city
was declared to be the Treasurer of the said
Directors of Trusts, and the said board were
empowered ''to appoint agents" ''to make
leases, and it was declared to be 'the duty o.
the said Directors of Trusts for and in the name
of the said city, to do, perform and discharge
whatever acts and duties are, or from time to
time may become proper or necessary to be
done by the said city in discharge of sale
trust" etc.
~. That under the provisions of said act the
plaintiffs have been duly and legally appointed
the ''twelve Directors of City Trusts" and from
the time of their appointment to said office
they have been and now still are directors o
said city trusts.
V. That upon the first day of July, 1869, th'
Common Councils of said city passed resolu
: tion entitled Resolution of instructions
TO certain city officials" which resolution
! was on the Sth day of July, 1869, passet
by the Select Council OF said city.
true copy of said resolution is hereto attached
marked exhibit A. By said resolution 'all par
, ties having under their control or supervision
any property left to the city of Philadelphia a
trusts for charitable purposes were instructe
I not to surrender any deeds, records or securi
ties, nor to permit their examination, nor T.
grant possession of any real estate except upo
+, authority of Councils.
VI. That upon the eleventh day of October
1869 the said ''the city of Philadelphia" fled he
bill in this honorable Court against the plain
a tiffs and the other members of said Board O
6 Trusts, in which said bill the said city charge
that the aforesaid act of Assembly of June sc
9 1869 was unconstitutional and void Aud sal
city prayed this honorable Court so to deere
and to enjoin the present plaintiffs aud thei
colleagues from interfering with the trusts i
s said bill set forth.
Q VII, That such proceedings were thereupo
, had, that said bill was dismissed by the Court
j. Nisi Prius, and on appeal entered by said cit
i from said decision the said decree was on th
: seventeenth day of February, A. ID. 1870, aftC
d full hearing, affirmed and said bill dismissed
n the costs of the appellants all which, by n
B. ference to the records of this honorable court
n January term, 1870, No. Gin equity), will MOI
fully and at large appear.
VIII. That pending said proceedings I'll
| plaintiffs out of respect to this court, took n
g measures to inforce the authority or in exercit
u of the jurisdiction conferred upon them by sal
q act of Assembly save to meet and to organic
u said board by the election of the plainti
Is | William Welsh as President of said board and
!, | appoint committee, and they have provided
suitable place for the safe keeping of all the tit
d | papers, books of account, and records of sa
\ trusts all of which the defendants Smith, Cayi