The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-03-19

me object COOJeUplHJeu NY bHt dCb OF 1876 seems
TO be to prevent committee or guardian who Is
beyond the jurisdiction OF the courts Of the Com
monwealth, who cannot ne reached @ oy their process
ministration OF his trust, from exercising any con-
troll either the person or the property OF luna
MIR. Kitt6erg, who Is represented to be a gentle
man OF respectabilty, being foreign committee,
possesses no legal authority in Pennsylvania and
was therefore Incapable OF making application for
the admission into the Pennsylvania Hospital or in
any way controlling the person OF Louis E. Rosen-
the application be made by the legal guardian,
relatives or friends This, OF course means the
legal guardian OF this jurisdiction, not one whose
acts are declared by statute to possess no legal
authority with us.
proceed further in considering the other question,
upon which this application is oased The criticism
upon what has been called violation OF the act OF
1862 In receiving DR.. Rosenberg without the proper
certificate, is more plausible than sound The re-
turn shows that he was not placed Ia the hospital in
IN ne the ac Of Of ssa 1885, before the a o
November, the day on which the certificate
could be no piscng Of the patient without the con-
sent Of the hospital authorities, and the return
which s in no way contradcted asserts that he was
refused admission as patient prior TO the 9th OF
November. Whilst waiting for the necessary certi-
ncates the return asserts that permission given
to the brother OF Dr. Rosenberg TO remain with the
Doctor until the proper authority could be pro-
cured. And that In violation OF his agree
left the Doctor in the asylum. The authorities OF
the hospital wonld have been legally justified in
turning the reator out OF the institution but what
might be said OF such conduct, as compliance
with the letter Of the law, the inhumanity OF
such an act would not be doubtful, and might have
been attended with consequences the most serious
to DR.. Rosenburg .. .. ..
cannot but regret the necessity which compels
me to discharge the Doctor from the institution I'm
which he now Is. An institution second to none of
its kiud In this country, which s under wise manage
ment; with one at its head whose learning, skill,
great experience, and humanity confessed by all
who have kowledge of him. / am fearful Doctor
Rosenburg will be greatly the loser If he is removed
from the asylum the consequences maybe to him the
worst that can be contemplated, but IL he is not
legally in the institution there is alternative but
to decide the question as It Is presented TO as.
The embarrassment under which am placed is to
determine what order TO make at this time. l
cannot turn him loose to run at large at the risk OF
doing injury to himself or possibly to Others The
suggestions which have presented themselves to my
mind are to remand the defendant until the commit
tee in Ohio can be notified to come to Philadelphia,
with the view of making application to be appointed
committee OF Dr. Rosenberg here, which would
enable him to make application in proper form
for his reception as patient into the hospital
where he now is or II he deems it advisable remove
him to the State OF Ohio for treatment there or to
proceed under the sixth section of the act OF 1862
to appoint commission to inquire into the question
OF the sanity Of the reator for the purpose OF reach
ing proper disposition of Doctor Rosenberg, either
here or In the State from which he was brought.
For the present. therefore, the relatOris remanded
and suggestions invited from counsel as to what
course they may deem 1t Is best should be pursued
Heavy Sentence.
Court Of Quarter SeSsions-,Jitdge ParSon.
Henry Shelley, who was recently convicted OF per-
jury, in falsely swearing that the signature to
mortgage was not his, was sentenced to five years In
the Eastern Pententary. This man was convicted
OF perjury in Judge Thompsons term but owing to
circumstances which then arose, he did not receive
the merited punishment.
The Mercantile ng..y... J,Hgary and the SUNDAY
Nisi PTitts-Judge Read.
petition Of John c. Granger to the following
effect presented this morning to Judge Read in
the Supreme Court ~
That inasmuch as meeting of the stockholders
OF the Mercantile Library was held on the 18th OF
February, 1870, Of which due notice had been given,
in accordance with the demands of the act OF incor-
poratiop, at which meeting resolution was passed
by majority of the stockholders present, OF whom
there was quorum, directing the Board OF Direc-
tors to open the library as reading-roota on Sum
and as the Board OF Directors have refused to COM
ply with this wish of the stockholders, the petitioner
prays, having other legal remedy, that the court
will issue an alternative writ of mandamus, returna-
BILE to the first Monday OF April, 1870, commanding
the Board of Directors to keep the library open on
the days named, or signify to the court some rea-
son TO the contrary
In accordance with this petition the court this
morning issued the following order:-
The Commonwealth Of Pennsylvania es reIdtiOne
John c. Granger VS.. Joseph C.Grubb, Richard Wood,
r. Morris Perot and Others constituting the Drec-
tors OF the Mercantile Library COMPANY.
And now, this 10th day OF March, 1870 on motion
of G. Morgan Edrdge for relator, the court grants
rule on defendants TO show cause why alterna-
tive writ of mandamus shall not issue, returnable to
the first Monday OF April, 1870, commanding the
SAID respondents to keep the Mercantile Library
open as reading room on every Sunday between
the hours of 2 and O'Clock in the afternoon, or
signify to the court some reason to the contrary.
Rule returnable on Saturday, March 26, 1870.