The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-06-25
The Powers Claimed by the Cen
tennial Commission.
HOW ONE HEAD BUTTED THE OTHER
Opinions Of George w. Biddle, Judge
Porter and Judge SheIlabarger
PHILADELPHIA. June "a, 1870

has been already reuted by the publication OF opinions
BY Charles OConor and other COUNSEL rendered at the
request oil the latter body The great question was IN
respect To the appointment OF police for the Centen-
NAL grounds The OF the grounds during the
The time OF the Exhibition. II will BIO recollected that
eminent lawyers to whom the Board OF Finance
appealed declared under the Of Congress the
Centennial Commission was merely "a supervisory
body" not having the right to expcnd dollar or TO
appoint man. 1t was simply intended TO supervise
and that celebration conducted for tho honor
and dignity OF the nation They were 10 be some
bhing like Mr.. Sexton Brown at the fashionable
wedding or Mr.. Turveydrop in the attitude OF blessing
his children, whom he found il useless TO curse But
The Comm ssioners werc unwilling TO be nothing
than illustrations of the verse, Superauous lag the
veterans on the stage, and determined to fight the
devil with his own weaponsthat Is assuring the Bar
that speak a purely pickwckian sense), they OPP
posed lawyer 10 lawyer. They also have obtained
opinions to the powers of she Centennial Com
mission which entirely contradict tho opinions
pf the adverse faction They oppose the
shortly Of George W. Bidde, OF Philadelphia;
John X Por.er, OF New York, and Hon. Samuel
Ehellabarger, OF Washington, 10 that Of Messrs
O'Conor Browning and Hirs'. The latter documents
have been pubshcd but the opinions supporting the
claim Of the Commission to supreme authority are now
given to the public through the columns or the
HERALD. for the first time.
W. BiDDLa.
The longes, elaborate opinion is that of Mr.
George W. Bddle, contained in letter to General Haw
hey President OF the United States Centennial Commits
non, dated March 81. lie points out that the act OF
Congress March 1871 in its eighth section provided
sthat whenever the President should be in
formed by the Governor OF the State OF
Pennsylvania Of provision having been made,
Among other things. FOR the exclusive control OF the
Commission of he proposed Exhibition, the President
should make proclamation OF the same II is upon tho
phrase exclusive control" it Will be seen that Mr..
Bddle's argument is principally based He then rctcrs
10 the act OF Congress juno l. 1872 creating the Board
Of Finance the seventh section of which provides that
grant conierrng rights privileges Of any descrp
ton l"knd' is the right word here, but Congressman
always the largest words they CAM relative to the
Exhibition shall be made without the consent OF the
Centennial Commission, and that the Commission
shall have power TO control, change or
revoke all such grants Then he asserts
and cites acts Of the Legislature to prove
that tho State of Pennsylvania has always
admitted that the Exhibition legally under the
elusive control of the commission and argues that the
State has directly conferred upon the commission the
control and direction Of all the buildings which the
State has erected He ends his letter with the folio
Ing summary
am therefore, of the opinion that the State Of
Pcnnsy has by the action of her Chief Executive
by repeated pubic recognition OF his official acts as
well as by direct Legislation, conferred the control OF
The Exhibition and OF the buildings structures ana
closures required and used for The Exh,bton during
The time publicly announced that oil It's DURATION
upon the corporation known as the United States Cen
Ienniai Commission, ana that this commission there
fore has, during this time, power TO police" the in
closure actually used Tor the Exhibition.
II. however, understand one OF the questions put
BY you TO me TO be as to which OF the Two corpora
tions--viz, tie United States Centennial Commission
Or the Centennial Board OF Finance has. as be-
tween each other, the power OF appointing the
police do not think the question admits discussion,
both oi these corporations created by chs Con-
Ecss OF the United states and the exclusive control OF
she Exhibition In all such matters as the one In ques-
lion, gwen express language to the former, the
United States Centennial Commission
BOARD FINANCE SUBORDINATE.
Alter having written this letter Mr.. Bldde scems 10
have read The opinions OF Mossrs. oConor. Browning
and Hirs and III postscript, dated the u Of May,
makes this answered. the authority OF the Board OF
Finance, he positively says including that oil its
mission, and language in act creating
the Board OF Finance gives the latter, either directly
or by necessary Implication, any such powers Those
Of police appointment control OF the GROUNDS and
buildings, &c J. Tue powers gwen TO the Board 10
acquire and 10 dispose OF property 10 carry INTO effect
The provisions VI the act creating the Centennial Com
Missoner and TO prepare grounds aud erect buildings
In accordance with plans adopted by the commission.
IL is in reality financial commission created 10 garry
into effect the paramount views OF the Centennial
Commission which Is BY the ACT made a corpora
ton. y He thinks that The Board Of Finance bound
10 pay all the expenses incurred By the commission
carrying out the objects OF the OF March 3, ISL
ing able manner:-
But admitted that the Board Finance is
S. 70 Pas other n
'S,s the , e ssa IL m money
them original power Of appointments. Power is one
thing the pe,ana,y means Of enforcing y smother
Gsnersl OF any other members Of the public service
sal states OF whom however have any pccunisry
means Ct enforcing pay en, Of the salaries Of such Officers
section Of the ast OF ISL ju, quoted gives the commits
ive 3 the pur Tor which established. might
INA, ng *. gra ss ssr
pointed by ~ snd II prevent interference by the Board
that the Board Finance will make proper pccuai-
belongs Centennial Commission Gul refusal to do
- does no, lint, Or sheet The powsr q the commission
been shown the latter execis. power make
so~sr d the Commission. /, does not ,heSsiors
ss II rom tho % ~ Iss,. y ws
carrying into eject regulations made in the interest
he so.!a withhold proper .ppcpra,lon Tor hi.
nsnce eeabe vita srass violation Of du,s could add
nothing is rights No supposes that may
proper rates and sac,ens humber 10;
son should always listen Respectfully 20 suc
maintaining howeyer. hsr control o,erthe whole subject
PORTER SAYS
Judge Porter's OPINION, also addressed to General
Hawcy Is bret, and important point, inde-
psndenily OF rs entire sgrsement with Mr. Bddie Is
that the commission cannot be bound by any OF
It's executive committee aching IN the intervals
between the sessions cannot abdicato the
powers with which Il was entrusted BY Law. Judge
Porter says
An examination OF the questions submitted the
oi United Centennial
tunial Board Finance.
illusions clear ana ibevitabse. that
should any Issue isssed the ia
matter involving the reputation ~ those who
charged by federal aud state Legislation With the response
blitiss OF q
The Centennial Commission clothed by act Of Con-
and the or tue authorities
with uil " control tue proposed Exhibition The
Centennial Board o. Finance urg@nikeu b authority
auxiliary corporation. exercise
Independently and certain Others sHbornation
the authority ~ the ceuteunixl Commission
understand The Claim that the action Of the Board
VI Finance regard 10 tnc matter Ia question
proved the Executive Com appointed BY the Gen.
tenuial Commission. IL proper ci"he that commit
undcr the bylaws th power ally the
Intervals between the sessions but their subject
tive ultimate OF the Commission. which could
abdcate the with which II Invested
Law.
The seventh section act Congress- creating the
rsotennsl Heard of Finance is explic. and decse
Questons at issue between the corporations In
embraced In its rrovsons the powers
Board subordinate tne Rutorty Of the
If