The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-12-02

the property owners on the street only, for what
was to be a public beneat.
Judgment was entered against Mr.. Hammett
for want of sufficient affidavit of defense, and
to that judgment writ of error was taken to
the Supreme Court. The opinion of the Su-
preme Court was delivered by sharswood j.,
Read j. dissenting and it decides simply that
local assessments are constitutional when i'm
posed for local improvements, clearly confer
ring special benefits on the properties assessed,
and to the extent of those benefits; and that the
Act of March %, 1866, $50 far as 1t authorizes
the Councils OF the city of Philadelphia to
enact such ordinances or resolutions as
may require the cost of said improvements to
be paid for by the owners of property abutting
on said street. >" Is unconstitutional and void.
If the owners of ground fronting on Broad
street, between the points once paved at the
cost of their ground, had paid for the laying of
the Ricolson pavement then the act of 1866
created contract between them and the Com
menwealth which no subsequent legislation
could defeat; bat II they are released by this
decision from their obligation, and avail them
selves thereof, they occupy the same relation to
the act of 1866 as any other citizen, and the
power of the Legislature is unaffected; in which
case it would be unnecessary Ito consider what
would be the powers of the commission, If the
owners had planted themselves upon the invio-
liability of a contract by payment.
But 1t may be contended that the contract
still subssts, many of the property holders hay
ing paid their proportion of the assessments, or
as the act of 1866 is not repealed by subsequent
legislation, the erection of public buildings at
the intersection is such an obstruction as the
act of 1866 purposes to permanently avoid.
The prohibition extends to "any railroad or
railway tracks, or other distractions prejudicial
to the uses and purposes aforesaid" The speci-
hc prObi ibitiOns againPt railroads and railway
tracks then follows the general expression "or
other obsructions;" but according to q we'll
established rule in the construction of statutes,
general terms, following particular ones, apply
only to such persons or things are ejusdeni
generis with those comprehended in the Ian
guage of the Legislature. l am of opin-
ion that public buildings are not
obstructions of the same kind"
as railroads or railway tracks; nor are they, in
my opinion, distractions within the meaning of
the act which are ''prejudcial to the uses aud
purposes of public drive, carriage way, street,
or avenue" Your act authorizes you to modify
the line of Broad street ut its intersection with
Market street, and If you do this it conpels
you to make Broad street one hundred feet
wide on the east and west of the buildings,
which is in reality widening Broad street nearly
100 feet at this point.
1t cannot be supposed that those reasonable
changes in the alignment of the street which
the State or the city, as trustees of the highway
may deem promotive OF the comfort and cop
yenience ot The citizens, are precluded by the
act of 1866; on the contrary that act must be in
terpreted with reference to the existence Of
those powers.
am, therefore, of opinion:-
l. That you have o clear right to erect one or
more buildings upon the four enclosures
bounded by Filbert, Juniper and Merrick Streets
and South Penn Square.
3. That you have a clear right to erect at the
intersection of Broad and Market streets, and to
vacate any portion of said streets necessary to
| that purpose, provided you maintain a street
100 feet wide around all sides of said buildings.
3. That the act of March 23d 1855, does not
in any way, restrict your right to build at the
intersection of Broad and Market streets, pro-
vided as aforesaid, and
4. That the act of August 9th, 1870, rather
favors and indicates the erection at the intersec-
| tion of Broad and Market streets than other
wise.
am, very respectfully, your obedient ser
want, CHARLES Ii. I COILS,
Solicitor Building Commission.
PHILADELPHIA, November 10, 1S70.-Hon.
F. &c. Brewster-My Dear Sir:-Will you be
| good enough to examine the enclosed opinion
| concur with him as to the right of the Building
! Commission to erect the public buildings at
| the intersection of Broad street with Market
| street.
| should be glad also to have the opinion of
Nessrs. William B. Mann and William NJ. Mere
dith upon the same subject.
Very truly yours, JOHN RICE.
| PHILADELPHIA, November a. 1S70-John
| Rice, Esq-Dear Strive have received your
note of the 10th inst and have carefully con-
| sidered Mr.. Coils opinion upon the question
which you have submitted to US.
We concur with him in the conclusion that
! the Act of August 9th, 1870 authorizes the
| commission for the erection of public build
| ings to erect the same on the central portion OF
| Penn Square, covering the intersection of Broad
and Market streets.
Very respectfully, yours,
| +. CARROLL BREWSTER,