The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-04-02
LEGAL 1NTHLLIaHNcH.
Grand Jury Presentmeut.


maze their nnal presentment. They have acted
upon S42 bills, OF which 249 were returned true bills
and 80 were ignored
They visited the public institutions and spoke OF
them In the same manner as preceding grand juries
have for the last three years.
Upon new matter the Grand Jury speak thus:-
we desire TO say that our attention was called by
the District Attorney to petition numerously
Broad street and vicinity, that they have long been
toeratng, unjustly as they believe, nuisance in the
abandoned railroad tracks, unused turnouts, deep
cutters between the tracks, much OF the time filed
with water etc, as to make the street south OF
South street almost impassable In visiting the
place referred to we found the street in very bad
condition. and are free to say that the petitioners
have just cause to complain. There is certainly
great danger from business and pleasure travel OF
vehicles OF any kind breaking down Several in
stances OF severe accidents occurring were related.
We feel 1t duty to report the very bad condition OF
the street and to recommend that the proper autho-
rites give early attention to 1t.
In conclusion, we desire to refer to the number OF
bills ignored. We regret that in some cases it was
not In our power to require the alderman to pay the
costs many bills 5 presented to us were Of such
while again Others were returned to the District
Attorney ,a and presented to u.s., where the
prosecute the case further, and to this end would
pay and satisfy all the expenses attendant upon the
hearing before the alderman, understanding no re-
turn would be made, and dismissed the matter from
his mind, when to his surprise he would find him
self summoned before the Grand Jury We believe
that justice to the community demands the proper
nction OF the penalty of the law where 1t has been
violated and no person should shrink from the pro-
before the proper tribunal.
[This may occasion false idea among the magis-
trates, and in the community, and for this reason
tmay be proper to state that the right committing
magistrates to settle prosecutions brought before
them is limited to simple cases OF assault and bat
terry, and misdemeanOrs, where the injury and
damage of the party complaining is not charged to
have been done with intent to commit felony, is
not an infamous crime The criminal procedure act,
Purdons Digest 25l, Sect 9, explains what proceed
ings in such cases are necessary
The Mercantile Library and the Sunday Ques-
ttOn.
Court o. Common PLeas-Judge Allison.
In the case OF the Commonwealth rel John G.
Granger VS.. The Board OF Directors of the Mercan-
tile Library Company, being an application on the
part OF the relator for mandamus upon the re-
spondents to compel them to keep the library open
on Sunday, Mr.. Briggs this morning filed the answer
OF the respondents. 1t will be remembered that
the case was first brought before Judge Read at
Nisi Prius, and was dismissed because the Common
Pleas had jurisdiction in the matter. The answer
filed by the respondents is substantially the
was made before Judge Read, already published by
us, with the following additional matter:-
"That on the Sd day OF September 1865, upon Pc
ttion duly presented, your Honorable Court decreed
be amended, inter ALA by striking therefrom these
words:-
"'Section G. That the company shall have full
power at any general meeting of the stockholders,
| to make such bylaws may be deemed necessary
for the better regulation OF the company; provided
such bylaws care not repugnaut to nor inconsist-
ent With the Constitution and laws OF this state or
| OF the United States
"And substituting in lieu thereof these words
"'Secton s. The Board of Directors shall have
full power make and alter such rules and bylaws
as they may deem necessary for the we-being and
due management of the affairs of the company:
PrODided, Such bylaws are not repugnant to in
consistent with this charter, with the Constitu-
| ton and laws of this States, or OF the United
| States
"Wherefore your respondents are advised and
| believe, and so allege, that said amendment by
striking out section OF the old charter and incor-
poratng section of the present in the text thereof,
expressly took from the stockholders all legislative
power touching the making OF bylaws and rules for
the government OF the company, ana conferred such
power upon the said Board OF Directors"
In view of these premises the respondents prayed
that the Court might discharge the rule at the costs
| OF the relator.
Sentenced.
Court Of Oyer and Terminer-Judges Pierce and
PdGSOn
Frank Quick, who was convicted OF mansiauQhter
in taking the life OF Dennis Corkery on the night of
January 13, was this morning sentenced TO the
| Eastern Penitentiary for four years.
Libel for Wages
| United States District Court in AdBliralty-Judge
CddtUalader.
John Zoll, William Thomas, Charles Kelley, Frank
| Moro, and James Griffin VS.. Angus w. Caun Master
| OF the bark Frank LOvtt,
This was libel for wages and for discharge OF the
| libellants as seamen on the British bark Frank
Lovtt, lately arrived from Rotterdam. Their ale
CATION was that they had only shipped for the trip
from Rotterdam to Philadelphia, here to he pad or
and discharged, and that the conduct Of the Master
was cruel and unoficerlIke.
| The defendant denied these averments aid cor
| robOrated the answer filed to the libel by M. j.
Mitcheson, ESQ.,, for the bark, by exhibiting to the
Court the shipping articles. duly signed by all OF the
libeants, and attested by the British consuls at
Rotterdam and Hevoetsluys, setting forth that they
had shipped "on voyage from Rotterdam to Phila-
dephia and back to hnal port OF discharge In the
| United Kingdom or continent OF Europe" The an
swer also set forth that the whole controversy had
been investigated and decided against by the British
Consul at this port. Libel dismissed
|