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


any member of either Of said bodies introduce
any resolution proposing the repeal of the afore-
said resolution set forth in exhibit A.
This morning, In the Nisi Prius, before Chief
Justice Thompson, Attorney-General Brewster,
on behalf of the new Board of Trusts, presented
an application for an injunction to restrain GER
tain city officials from further interfering with
the new board The application Is as follows
On the contrary, the said Select and Com
mon Councils adhere to their aforesaid obstruc-
tive resolutions and all of the defendants, act
ing thereupon, now refuse to recognize the
plaintiffs as having any authority to interfere
with or to manage the trusts 80 as aforesaid
committed to the charge of the plaintiffs.
And the defendants refuse to permit the
plaintiffs to take possession of any of the real
estate securities, property Of said Trusts
or to suffer allow the plaintiffs to proceed in
the discharge of their duties.
And the defendants are now holding posses
sion of all said trust property, without the
consent and to the entire exclusion of the plain
tifs.
And said defendants claim to have the right
to make leases, and to do all other acts, matters
and things necessary for the management of
said trusts, to the utter exclusion of the plain
tiffs and their rightful authority in the pre-
misses. ... ..
All which doings of said defendants are con-
trary to law and to equity, and tend to the
irreparable damage of said trusts whereof the
plaintiffs the lawful custodians and directors
as aforesaid.
Wherefore the plaintiffs need equitable relief,
and they therefore pray
That pending this bill the said defendants
| and each of them, their officers, servants, and
agents, be specially, and upon final hearing
| they be perpetually enjoned from refusing 10
recognize the plaintiffs Directors of said City
Trusts; from refusing to permit the plaintiffs to
take possession OF the real estate and securities
| belonging to said trusts, and from retaining or
| Withholding any portion OF said trust estate
| from the plaintiffs.
And that they be further restrained and en-
| iOina1 from po1lnptiDU rnpaivinn dichnreinr nr
| holding any of said Trust funds or moneys, save
| as thereto authorized by said act of June 80,
| 1859; and from drawing, countersigning or
| paying any warrants, drafts or orders for said
] trust funds or moneys, or any part thereof, un-
/ less thereto authorized by the plaintiffs; and
| from making, executing, sealing or delivering
| any leases. or other writings touching or con-
cerning said trusts, or any of the said trust
estates or property, except by like consent of
| the plaintiffs.
And that they be further, az aforesaid, re-
| strained and enjoined from holding any pOr-
tion of the said trust estates, securities or pro-
| perty, to the exclusion of the plaintiffs, from
| intermeddling Herewith to the exclusion of the
| plaintiffs, and from obstructing or in any man
ner interfering with the plaintiffs in the dis
charge of their said duties as directors of said
trusts, and from acting in any manner in per-
formance of any duty connected with either of
the trusts heretofore confided to the city of
Philadelphia, and which by the act of June 30,
1862 have been dcvolved upon the Directors of
| the City Trusts.
And for such further and other relief as to the
| Court shall seem meet and equity may require.
F. CARROLL BREWSTER, for plaintiffs.
Attached to the bill were the exhibits referred
| to-resolutions of Councils, ETC., together with
the following
PHILADELPHIA, Feb. 10, 1S70.-Dear Sir
The Directors of the City Trusts have provided,
| as place of deposit for the safe keeping of all
the title papers, books of account, records, and
documents whatsoever of the said city, apper-
tanning to Girard Trusts, the Fidelity Insurance,
Trust, and Safe Deposit Company of Philadel-
phia and YOU are hereby required to deliver the
/ custody thereof to the said Board of Trusts.
Respectfully yours
To Charles s. Smith, Esq., Superintendent OF
Samuel s. Gavin, Esq, Agent of Girard Es
tates. .
COPY OF NOTICE TO THE SUPERINTENDENT OF
. CITY TRUSTS.
PHILADELPHIA, Feb. 10, 1S70.-Charles Oat
Esq., Superintendent of City yTrusts-Dear Sir
The Directors of City Trusts have provided, a
place of deposit for the safe keeping of all the
title-papers, books of account, records, anC
documents whatsoever of the said city apper
Trust, and Safe Deposit Company of Philadel
phia and you are hereby required to deliver tn,
custody thereof to the said Board of Trusts
Respectfully yours,
.-, WILLIAM WELSH, President.
William Welsh, having been duly affirmed
according to law, doth affirm and say that the
facts stated in the foregoing bill are true.
That the plaintiffs were duly appointed Di
rectors of said City Trusts, and still In Office
as directors aforesaid. That the consttu
tionality of the said act of June so, 1869, ha
! been affirmed by the Supreme Court after full
, hearing.
That the Councils of said city have passed tn,
resolution exhibit Az as stated in the bill
J That plaintiffs served the notice exhibit b. q
l stated in the bill.
That Councils have not repealed said reso
, lution, or even proposed to do So
4 On the contrary thereof, they maintain thei
hold upon and direction OF said trusts and pro
, perty thereto belonging, and exclude the plain
tiffs therefrom.
: Under said resolution all of said defendant
| deny the right of plaintiffs to manage or contro
said trusts, and the plaintiffs cannot proceed IL
the discharge of their duties without the assist
4 ance OF this Honorable Court.
c That the said Board OF Trusts have organized
r have appointed afhant their President; have pro
a vided suitable place for the safe-keeping of al
the title papers, ETC., of said Trusts-of whic
n notice has been given to Charles s. Smith
II Superintendent, and Samuel s. Gavin, Agent q
y the Girard Estates, and Charles Oat, Superin
e tendent of Trusts, who have refused to delive
r said books, ETC., into the custody OF said Boar
It of Trusts WILLIAM WELSH, President.
: Affirmed and subscribed before me the 2lt
o day of February, 1870
e JAMES Ross SNowDEN, Prothonotary.
The Chief Justice said that from late event
y = he had somewhat thorough knowledge of tn
- - matter and appreciated the merits of the pet
= ton, and saw but one way of acting in II
y premises namely, to grant the preli II
e junction, fixing the amount of security at $50
u and naming next Saturday for the hearing.
e A HORRIBLE CASE.