The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-12-19
LEGAL IMTNLLxaENcN.
Irr EIDE enable Ground Rents No Longer Ire.
deemqoIc.
Co,trt Of ConL2non Pleas-Jldne u


In this Court, Judge Ludlow has delivered the fol-
lowing important opinion in the case OF petition OF
Longstleth's executors for the extinguishment of
The petition this case was filed under the act Of
April rs, 1865 wherein it is provided that Gin all
eXtinguishe by payment or by presumption Of law,
but 10 deed OF eXtnguishment or release thereof
shall have been executed, it shall and may be lawful
for the owner or owners Of the land out or which
by petition to the Court Of Common Pleas,
giving notice, e.c, and on due proof being
of the truth of said petition the said Court are
authorized and required to make a decree declaring
that the said ground rent is released, merged and
eXtineuished," etc.
for the ground rents named in the petition, OF &C
acknowledgement OF their existence, has been made
for more than twenty years. aud that the prayer
OF the petition ought to be granted.
An exception flied to this report attacks the con-
stitutionaty of the act of Assembly, and in argu-
ment three reasons are assigned why the exception
ought to be sustained.
First, because the act usurps the judicial power
OF the courts by compelling them to decide a cause
in particular way. Second, because the act i'm
pairs the obligation OF contracts. And lastly, be-
cause it deprves the parties OF thef right of trial by
jury.
elligeneey, January H. $50, the hrst two points
although that decision was upon the constitution
ality OF the act of 1855, the principles announced
The only point which we consider an open one,
is that which declares the act unconstitutional be-
cause deprves the parties OF their right OF trial by
jury
II may very well be questioned whether this act
trial trial: i il on only declares that the court may make
decree on educ proef' being made, and there is
nothing in the law which would prevent the court
from sending every such case as this, by general
rule, TO jury. II grave doubt arises upon this
point we certainly should pause before we destroy
the act by declaring 1t unconstitutional
Apart from the view just mentioned, we think the
constitutionaliy OF the law can be sustained upon
another and most satisfactory ground.
The (Ourts OF Common Pleas are, by the cOnStltu-
ton and laws, vested with ample equity powers
and the relief prayed for in this petition is EN-
phatiCally one OF an equitable nature the act does
not specify upon which side of the court the petit
ton shall be filed, but as the case is analogous TO
be granted liz equity, see Story Eq, sections 69S I05
Hamilton ys. Cummings, john, Ch. 5lI, we see no
reason why 1t should not be treated Ike an equity
Woodland, J., in Irwin VS.. Irwin, Legal Intelti-
geneer II, page 1l6, showed how our Constitution
recognized courts OF chancery and their practice.
notwithstanding the provision IN the BIZ OF Rights
that "rial by jury shall he as heretofore and the
right thereof remain nviolate " while by Byers and
Davis We. commonwealth, Wr. 81, strong, d. SAID {:
SIN all that large class OF cases which are cognza.
bic IN courts OF equity, there never was any rgnt OF
II we are correct in our view of the nature of the
relief demanded in this the argument founded
upon the denial of the right to try the cause before
! Jury, even supposng that proposition, Tor the
/ and therefore has no strength.
AS we have no power except in very clear cases,
! to declare law unconstitutional aud as tnis law
may be sustained upon principles perfectly well
settled, have concluded to dismiss the exception
/ TO the masters report.
/ a PoIIceDian ON Trial.
! United States District Cost-Judge Cad,caladsr.
| The case ON trial this morning is that of POlct
/ Onicer Charles Mccullough, who is charged will
aiding Frank Lee in being falsely registered for the
last election Lee tried in the early part OF the
! term and was convicted The evidence against
! Mccullough Is, that ne went with Lee to the can
vasser OF the sixth division Of the sixth ward a9t
when Lee gave in a false residence he (McCullough
said It was all right. The defense consists or evi
deDce OF good character ana the weakness Of th'
case for the prosecution. ON trial.
The Sullivan Homicide.
! Court of Oyer aud Termfner-.Jtdges ParsOn Gnt
| LudtOW.
A session OF oyer and TeTminer, to be continued
! during the present week, was commenced thi
morning. The District Attorney called for trial the
! case OF the young men James Cegget, and Jame
| Mahony who were jointly indicted for the murde
! OF Policemen Sullivan, some months since, at New
| Market and Vine streets
| Mr.. OByrne, representing Cleggett alone, claime'
| a severance, which was granted, and the process
/ selecting Jury to try this case was begun.
| Mr.. Aahoney being without counsel, the Court as
! signed William J.. Small, ESQ.,, 10 his defense.