The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1871-01-05
InaAL IMTHLGxaENcn.
THE PUBLIC BUILDINGS.
Continuation of the Argument.

and Judges Read, Agneo SharsDood, and Williams.
In the case of Baird ct al. VS.. Rice ct al, be-
fore reported, affecting the erection of the
public bindings at the intersection of Broad
and Market Streets Mr. Rawle, for the COM
plainants, summary of whose argument we
gave yesterday, resumed this morning. lie said
to-day that the election by the people in Octo-
ber expressing their desire to have the buildings
put up on Penn Squares, was not fair and
binding vote, because the people, having no
plans of the edifces to be erected there, did not
vote understandngly.
At the close of Mr.. Rawles speech G. II. T.
Coils, Esq, followed for the Building Commits
siOneTs, arguing in substance as follows
IT, Is an appeal from judgment by ballot. For
neariy half century, the bench, the bar, and the
citizens OF this county generally, have been en-
deavoring TO secure suitable accommodations for the
proper administration of public justice, for the more
secure preservation of important records, and for
the transaction of yearly increasing municipal busi-
ness Tie State and City Governments have each
at different periods enacted laws and ordinances to
meet these pressing wants, and as often has some
private interest interfered to postpone or prevent
the contamination Of the work.
1t is conceded upon all sides that new public
for those buildings.
plans were suggested, looking respectively to the
erection upon Independence Square, Washington
bill was finally passed and approved on the 18th
Of March, 1870, leaving the whole subject to vote
OF the qualified electors OF the county, and direct
ing City Councils ITO provide by ordinance for the
erection of the said buildings on the site which the
ence for, by their said ballots:" provided, That
the buildings shall not be placed on Independence
Some days after the passage OF this law another
act upon the same subject passed substituting
commission of eight citizens and the Mayor ana
Presidents OF Councils, to stand in the place of the
City Councils after the vote had been taken. This
act was not approved until August 5, 1870. The
Commissioners are the defendants in this pro-
ceedins.
The plantins in their bill have quoted largely
from this last-mentioned act, and ia doing have
fallen into q very serious error; and il they rest
their upon their reading of the act ont in
their bill, which am bound to presume they do it
accounts in q measure for such able and distn-
guished counsel entertaining any doubt as to the
right Of the defendants to do what these plaintiffs
ask shall be restrained.
They aege in their bill that by the said act it was
expressly provided as followes :-"The said COM
mssoners are authorized and directed to locate
said buildings on either Washington Square or Penn
Where's the act speaks very properly of Penn
square, in the singular number, there being but
Penn Square in the city Of PHILADELPHIA and not four,
lieve. There are no such places in this county
Penn Squares, and never have been; there is such
place Penn Square, and that is the site submitted
| to the people for their votes.
The qualified electors cast 81, ,625 votes for Penn
Square Dot for Penn SquareS) and 32 S25 votes for
Washington Square, being majority OF 1S,SO0 for
| Penn Square.
extent of the city of Philadelphia, and the platform
thereof by the Surveyor-Genera, Thomas Holme,
This square is referred to as foOws:-'The city,
the model shows, consists of large front street to
each river, and higlrstreet near the middle, from
! and broad street in the middle of the city from
side to side OF the like breadth.
ain the centre OF city square OF ten acres, at
each angle are to be houses for public AFFAIRS
! meeting house, assembly or state house, market
house. school house, ana several other buildings for
public concerns. There are also in each quarter Of
the city square of eight acres, to be for the like
uses as the Moor1elds are in London"
Upon the platform, or plan, or map referred to in
! this advertisement, no Streets are marked out as
! passing through these i've public squares, and,
strange as it may appear, neither the Legislature
! nor the city government nor the Court OF Quarter
Sessions have ever by law, by ordinance or by de-
Centre or Penn Square. AT least after careful aud
aborious search am unable to discover anything
more than the mere recognition oil their existence
in the ordinance of September Ii, 1925
Mr. Coils then glanced at the ordinances and his
tOrical papers of the day in reference to thts
locality, to show that this rectangular lot in the
centre Of the city mas never changed its character
Continuing his argument Mr.. Coils said I'VE
! find at the commencement of the present century
this very centre OF the square" was used as a site
for public building The erection OF this engine
house was not authorized by the Legislature 1t must
tiOn OF it by William Penn for the purposes Of public
! buldisgs, made necessary by the prohibitions
against the erection of such buildings on the other
! four squares which were dedicated by him "to be
for the same use as MOorheds in London"
few years later We ind an ordinance directing
! the erection OF a market house in the middle or
Broad street. between Chestnut street and the south
line Of thispubic square mot between Chestnut and
Market street. for Market street did not cross Broad
The Legislature in 1888, after Market and Broad
though without authority, and after the four en-
closures had been laid out, stu regarded & as one
public square Had it been otherwise, how easy for
| the Legislature 20 have authorized the erection
upon any one or more of the four Penn Squares
Broad street and Market street, where they pass
/ through Penn Square, have never been legally
opened and dedicated TO public use; and the Legs-
locality in the Act OF August 5, 1870, as "Penn
Square" Ignoring the existence OF streets, the
opening of which not only had they not
authorized, but had expressly prohibited; IL
VIII DC argued, however, tnat Broad
through Penn Square, on September II,
1S2s, by the passage OF an ordinance (ante, p. ~
regulating High and Broad streets, where they pass
through Penn Square, conformably TO a plan OF
regulation reported by the Mayor, Recorder, Alder
mon Councils the 9th September, 1925 The simple
answer 70 this is that Councils had right TO open
and lay out these streets.
al great length the past history OF the municipal
Government, showing that whatever was done by
| under its delegated power $50 regulate and con-
troll" the streets and public squares.
After tracing the municipal history OF the CITY
through the colonial aud Revolutionary periods, Mr.
Coils stated that on the nth OF March, 1882 an act
70 incorporate the city OF Philadelphia was passed
iished. and the aAiayor. Aldermen, aud Common
Council" were invested with their authority They
had the entire charge OF the 'llghting, watching
pitching, paving, cleansing, and watering OF the
city Win al THE taxing powers necessary
law laws with With the power t5 extend the market i
ulgh street, aud the appointment OF Surveyor
oil regulators, the regulation OF chimney sweepers
WOOd-saWyers carriers, wagoners, and pofters, an
the appointment OF o0rders OF WOOD win all tn
: various and hume, 0ns powers that had been eXer
cised by the waTdens or street commissioners. bu
they were never invested with a particle or powe
Of any street within the city. The legislation upo
the subject Of opening OF streets Is perfectly clea
ana wen understood; The forms Of law IN fore
TO-DAY upon this subject are much the same q
those prescribed by our earliest legislatures.