The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-11-28
Legal rTs3MLGIaENcE.
The Appointment of Guardians.


An important decision has been made in the Or
phans' Court relative to the appointment CT guar
dians, in an opinion delivered by Judge Paxson:
was presented, asking the appointment OF corpo-
ration as guardian OF minor children, without CIV
ing security The charter OF the company, as does
that Of several other corporations authorizes this
court 10 make such appointments without requiring
security. We say authorizes for 1t is left discre
tiOnary with the court. The number OF these ap-
pllcations has much increased OF late as has
also the number OF corporations asking this
privilege; and it is becoming a serious question
how far we shall go in this direction. Experience
likely to fail individuals. 1t is true that
if they keep the trust funds invested separate and
apart ana properly ear-marked, the latter would be
protected ia case of such failure But the same re-
mark would apply with equal force to individuals.
1t is the duty Of every trustee to keep trust moneys
regarded this a sufficient safeguard in the OF
private trustees-nO matter what their standing
responsibility but lnneXiby require security from
the latter.
We do not feel disposed to encourage applications
of this nature, and while we will make the appoint
ment in the particular instance referred to, we wish
IL understood that we reserve the right at all times
own merits, having regard to the amount and char
acter OF the trust
We also feel It Incumbent upon us, as far as we
can, to throw all the safeguards in our power
around investments made under such appointments.
We have already ordered, that when securities are
transferred to any corporation as trustee or guar
dian they shall not be thereafter transferred with
out the order of this court, and that such order
shall be stamped upon the face of said securities In
addition thereto, we now oTder:-
First That in all cases where any corporation
shall hereafter be appointed trustee or guardian ny
this court 1t shall be upon condition that such cor
poration shall not invest any OF the trust-fQnds in
coupon bonds, or other securities that pass by de-
livery.
Second. Every such corporation shall be required
to invest ali trustfunds in its name as trustee or
guardian, as the case may be, and to keep the same
separate and apart from its own funds.
At proper time we shall make such further order
as will enable US to see at least once in each year
| whether the above rsles are complied with.
1t will be understood that the above views have
| M hnn in rnfa 70 rfia
| company. They are general and are intended to
spply TO all corporations in whose behalf such app-
| Little Case.
United States District COurt-Judgs cadVGlGder.
| Michael Mclaughlin was this morning put on trial
in TINS Court for the offense OF retailing Hquor in
| small way in Delaware county without license.
ants name was absolute, but the witnesses who
testified to purchasing liquor from him gave the i'm
preston that the business was carried on by his Wife,
and therefore verdict OF not guilty was rendered.
| The EiectiOu Law.
| Francis Shields was put on trial upon the charge
| OF fraudulentlY voting under the nam0 OF owen
Kearney at the last election in the Second division
| OF The Third ward, at which member OF Congress
| was voted for The officers of the poll proved the
fact OF his having voted under the name above men
toned and other WITNESSES testified that this
| not his name. The evidence simply proved
| that he handed in the regular ticket used
by other voters and that the general ticket Included
| the name OF the Congressman; hut there was no
direct proof that this defendant voted for that od-
| Ger. Upon this point this case and the other cases
OF fraudulent voting, instituted under the act OF
| Congress, furns, for, unless the jqry satisfied
nom the proof that the person accused voted for
Feceral oicer they cannot convict. Foreseeing the
difficulty OF thus estsb ishing such Onense by spe
ei1c proof, Congress enacted a section declaring
that where FddeTal Officer was 20 be elected
that the Federal Oficer was voted for thus seeking
70 ObylaLe the difficulty by raising IN general way