The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1871-01-18
The Decision in Full.

Supreme Court at Nis Prits-Chief Justice Thompson
and Judges AgneD, Reed, and Williams.
This morning the Supreme Court finally set
tied the public buildings question bydissovng
the injunction heretofore granted against the
commissioners. The opinion was read by Jucge
Read, who reviewed the case at great length,
and in conclusion dissolved the Injunction. The
following is the opinion in full:-
Matthew Baird and others Vs. John Rice and
others, In equity. Sur bill and amended bill. Sur
motion for injunction.
On the 3Oth March, 1870, passed an act In rea-
ton to site for the pubic buildings in the city OF
Philadelphia, providing for their erection on the
site which the largest number OF voters shall declare
teral part OF this law now is the proviso that the
buildings shall not be placed on Independence
on the 5th OF August, 1870, smother act was ap
proved by the Governor appointing certain persons
commissioners for the erection OF the puolc build
1ngs required TO accommodate the courts, and for
all municipal purposes in the city OF Philadelphia;
and they were authorized and directed to locate
them on either Washington Square or Penn Square,
as may be determined by a vote of the legally
qualified voters of the city of Philadelphia, at the
dred and seventy. At this election the qualified
voters of the city cast 625 votes for Penn Square
and 32,s25 votes for Washington Square, being
majority OF 1Ss00 for Penn Square; thus establish
Ing beyond all question, the unbiased choice OF her
The board which had organized under the law,
proceeded 10 execute the duties prescribed, and
were met by bin In equity, filed by six cltlzens,
and an amended bill by the same individuals.
The FIRST bill was against the commissioners. The
the members OF the Select and Common Councils.
Each bill has two prayers for injunction; aud
fully argued on the merits before the CIlef Justice
and his brethren, whom he has called in for advice
The question really presented is,whether the plan
proposed by the commissioners tn place the public
buildings at the intersection of Broad and Market
streets, and upon the streets themselves is legal,
pr according to the language OF counsel, "consttn-
tional." "The plans now being made" Gays Mr..
Macarthur the architect, "have streets OF 1876 feet in
w "a and and Auyn5f
fronts, ana POS feet In width the northern 'front.'
These widths are from the extreme projections OF
the building, the average widths being much
This involves the original plot of the city as laid
IN each quarter OF the CITY, to be kept open forever
and centre square OF ten in the centre of the
OF 1850 acres The founder devoted SO acres for open
gardens for tilation and health and for
Penn more than one hundred and seventy years
ago. and upon the faith OF which lots were sold, and
out one part OF Penns plan by placing in the ceatre
OF his city magnificent and most useful structure,
to accommodate the municipal business and con-
Germs OF near million of people.
There are also In each quarter OF the city square
o. eight acres TO be for the Ike uses as the Moor
and when we dnd what were the uses in Penns time
Q6s9 OF the Moor fields, we then see what were to
De the uses OF the four squares OF eight acres.
William Penn was an Englishman, ana his early
coonists were Engllshmen, and their habits, Gus
toms, manners, usages, and terms were English;
and In seeking their meaning we are obliged to look
10 the mother country. He was born in LONDON In
1914, and died In IT'S; and he twice in Pennsyl
yania once In 1852 for two years. and again In 1889
for two years.
II appears by a map OF London as it was in 1868.
that there were north Of the city walls two fields
marked on it-one called Sehmyt Fyelds which for
long series OF reigns the field gallant tits
and tournaments the other called Finsbure Fyeld.
The first is now West Smithneld In which market
the most lucrative and largest business is transacted
for the sale OF all kinds OF cattle in the world. The
second comprised gardens fields, or morass, the
last being the original state OF this part OF London
Y.
Fensbury and in the days OF the historian Fitz-
pSeS Maor was an IN W 1p h nd
marked tract as far as Finsburie court with a
Dogge House some distance to the right OF the
These Fields were outside OF the city OF London
and there is a memorandum on the plan or map
\ "Moorfelds NOT divided nor planted" At the close
n OF Queen Elizabeths reign and the commence n ent
/ OF King James reign Moornelds was divided add
planted as we md by the concurrent authority or
Seymour and Maitland in their valuable accounts OF
London. In Seymours "Suryey OF London" vol. T.,
Al "In the may yoralty OF Sir Leonard Halliday (Anno
1906 these fields (beore unhealthful place) were
turned into pleasant walks. set with trees, com
passed with brick walls, and made convenient by
sewers under ground for the conveyance OF water,
which cost the city five thousand pounds there
abouts. The lower part OF them has been graveed
and rallied in very strong and handsome manner,
and the plantations there, which are like so many
gardens the four quarters not finished until
the present year ammo 1883, In the mayoraty OF
These fields, called Moorfeds and West Smith.
field, were absolutely prohibited from ever being
built upon by the charter OF King Charles the tlrst
OF the 18th October 1885, granting them TO the cor
poratou OF the city OF London, it being express
condition Of the grant, in this positive language
"We will also, and by these presents for US, our
heirs and successors, declare and grant that the
said mayor and cOmmonalty and citizens and theil
Successors forever may have, hold, and enjoy all
those nelds called or known by the name OF the In-
+ ward Moor and Outward Moor in the parish OF st.
Giles without Cripplegate, London St stephen 10
\ Coleman street. London, and ST. Botolph without
4 BishOpsgate London, or in some or any OF them
aud also all that held called West Smithhed, ia the
parish OF ST. SepulchTe, St. Bartholomew the Great
\ st. Bartholomew the Less, In the suburbs
of London or In some or them, to the
uses lDtents and purposes after expressed
and that the said mayor, commonalty, and citizens
and their successors may be able TO hold In the sat
1eld called emithnel0, fairs and markets there 4
be held,-and to take, receive, and have plckage
stsllsge, tolls and profits sppertainng, happening
belonging arising out OF the fairs and markets there
to such uses as the same mayor. commonaltb an.
citizens OF their predecessors nan held OF enjoyed
j and now hold and enjoy, or ought 70 nave, hole
and eLjoy the said premises laat mentioned