The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-04-01
LATEST BY TELEGRAPH.
Trouble in the Coal Regions.
The LulI Before the Storm.
Work to be Suspended Tomorrow.
The Capital Punishment Bill.
The Independence Square Project.
Veto by Governor Cfeary.
ETC., ETC.. Etc., ETC.. Etc.
FROM THE STATE.
The Governor vetoes ths Independence Square


Special Despatch TO The Evening Telegraph
HARRISBURG, April 1.-Governor Geqry has
vetoed the bill passed by the Legislature which
prohibits the erection of public buildings on In
dependence Square The message reads as fol-
lows
The following message was received from the
10 the Senate and House Of Representatiues:-
Herewith is returned, without approval, to the
House Of Representatives, in which it originated,
Bill No 4s3, entitled "An act to prohibit the erection
of public buildings upon Independence Square, in
the city OF Philadelphia" The State has no power to
prohibit such erection. Under the act Of March II,
isle, authorizing the sale Of the State House and
Square, the title to the same was vested in the city
of Philadelphia in fee simple for the consideration OF
$4,000. 1t is true that there was attached to this
grant the proviso, "That no part OF the grounds
to the southwark OF the State House be
made use Of for the erection of any sort
Of buildings thereon, but that the same shall be and
remain public green for ever. Ii this condition
has not been affected by any subsequent act and is
to-day in full vigor when originally established,
then the bill herewith returned is wholly unneees-
saTy and is mere repetition OF useless legislation.
1t is evident therefore, that the provso OF the act OF
1916 has been regarded as abrogated and that 1t has
been supposed that it was necessary to
the Legislature is beyond all question That it can
be restored without and against the consent OF the
city OF Philadelphia Will be doubted. BY the act of
March 16, 1S4I o. L., 471) the commissioners OF that
county were authorized with the consent Of the
City Councils, to erect new court house for the
accommodation of the courts and city offices part
OF the State House Square in said city, and the Coun
ellis were also authorized to erect new city hall on
OF Of R sad Ta Mele to s be s
proved by the County Board is immaterial to the
established by that statute that theState discharged
the provso above quoted as contained in the act OF
s1e The same result is deducible from the act Of
April q 1860, whereby commissioners were ap
pointed for the erection OF public buildings on any
part Of Independence Square. The full history of the
title to the square Is given in the able letter Of
Horace Binney and j. NJ. Petit, Esqs, to the COM
mittee on City Property. December 26, 1s49, to be
for 1S49-5O and in the learned judgment of Mr..
Justice Read In The City of Philadelphia
VS.. American Philosophical Society, Wright,
12. 1t is unnecessary to cucumber this
communication with extracts from the numerous
statutes and records cited in the letter and opinion
referred to- 1t is sufficient for our present purposes
| to know:-First. That the Commonwealth for value
received sold her title in the State House and Square
the city in fee simple subject only to the proviso
| above quoted. Second. That by two subsequent
statutes she has destroyed her right TO insist upon
| the conditions. Thus much is indeed admitted by
the attempted revival Of the prohibonsof the bill
herewith returned for as already stated, 1t would
be wholly unnecessary to re-enact in 1870 provlso
tion presented for consideration may therefore
| be thus stated: Can the State restore a condition
| which she has by her own act eXtingushed? l
Thought perhaps he supposed that as her release was
without consideration she could resume her aban-
doned right II this were SO in any case the prin-
where one large building has already been erected,
unless by the abandonment OF the provso and board
constituted, plans invited, and large expense in
cured preparatory to the erection OF other buildings
But without these elements to fix her claim 1t may
he doubted whether the State could resume at her
| caprice right OF which she has divested herself.
Mr. Justice Story, Constitutional Law, vol. 3, pages
257 1885, says the Legislature may by law directly
becomes irrevocabe and cannot be constitutonally
impaired and grants OF land 5td.o once nee
special law or under general laws, when once per-
| fected, equally as incapable OF being resumed
by law % hSse Ssete founded a on valuable
other lands to parishes towns, or private persons
gratutously, they constitute irrevocable executed
contracts. These doctrines have not only the sane
ton OF the highest legal authorities, but they are
sustained by every principle OF right 1t is especially
necessary in the present times that all men should
be taught to esteem the sacred character OF con-
tracts and that above all others, sovereign State
should be the last to attempt to set an example or
! Reputation. JOHN w. GEARY.
Mining DIsturba nces-NO Suspensions Yet.
Special Despatch to The Euentrg Telegraph.
SCRANTON, Pa, April las yet no suspen-
sions have occurred at the mines in this section,
but it is expected that some of the men will
stop tomorrow if the Mahanoy and Tamaqua
men go out. Communication is kept up by
telegraph and other means, SO that all the
| unions may work understandingly. AdVices
| from Broad Mountain this morning state that
| the Reading Railroad men, in considerable num-
| bers, have struck for an advance of wages. De-
| predations are reported to have been committed,
| and coal train was run of the track at one OF
the mines by displacement of switches.
| UnquIet Feeling Work TO be stopped To-
| morrow.
| SbeciaI Despatch 10 The EUe1linq Telegraph.
MAUcH CHUNK, April 1.-Despatches from
Summit Hill and Tamaqua report that the men
in the Tamaqua and Mahanoy regions who
voted to strike are still determined and will stoT
work tomorrow. The indications are thai
unless the operators give in the strike will con
tinue for two months, or perhaps longer.
The advance in coal tends to encourage the
miners, while it has a cOrrespondingly depress-
ing effect on the operators particularly those whC
have previously contracted for the entire supply
on hand. A few miners in the Mahanoy distric
stopped work this morning, but tomorrow il
the day specified for general suspension.
| Capital PunIshmsnt.
Special Despatch 10 The EUening Telegraph
HARRISBURG, April 1.-The Judiciary Com
mittee of the House this morning reported back
with affirmative recommendation, Mr.. BoVee'
bill in relation to capital punishment.
Death of Mayor Hayes Of Harrisburg.
HARRISBURG, April Mayor Hayes, of thi
| city died of hemOrrhage at $50 o'clock yester