Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1893-07-27
THE COMMISSION RESTORED
To the Control of Philadel-
phia's New City Hall.
THESUPREME COURTS DECISION
Generally Conceded That
This Action is Final.



PHILADELPHIA, Pa, July 20-The inter
est felt in the question as to whether the
CITY or the Public Buildings Commission
was to have control of the City Hall was
evidenced by the large assemblage which
gathered in the Supreme Court room yes
terday morning before the court convened,
The usual hour of opening the court is IL
o'clock, but it was approaching II o'clock
before the judges took their seats upon the
bench. The crowd, which filled every seat
within the room and part of the avenues,
patiently awaited the appearance of the
Judges and the rendering of large num-
Der of decisions in other cases, in antici-
patton that the case which hao attracted
them hither would then be decided. They
were, however, disappointed, because when
the court had got through its formal an.
I nouncement of other decisions, Chief
Justice Sterrett stated that the court had
not finished its consultation, and that it
would take recess.
The Judges then retired and the court
room was soon emptied. and, although no
announcement was made as to when the
court would reconvene, numbers of those
who were present in the morning fingered
about the prothonotarys office and the
corridors of the city hall until 3 o'clock III
the afternoon, when the judges of the
court resumed their seats upon the bench.
Chief Justice Sterrett, after announcing
then said, with reference to the case of
Perkins and others (the Public Buildings
Commission) against the city of Philadel-
phia and Director Windrim, that when
this case came on to be argued on June
It'll, something was said about the decision
Of the court being considered as final, but
there appeared to have been nothing done
or agreed upon as to that. There was moth
ing upon the records of the cour
but this application for a special in
junction, and that therefore, was the
only thing the court would dispose of il
the order 1t was about to make. lie theI
read the following order And, now
July 10th, 1898, this cause having come OF
to be heard on the motion for special in
junction made and filed in the Middle dis
trict, June LIST, 1898, was argued by counsel
upon consideration thereof il is now or
dered and decreed that the special iniunc
ton as specified in said motion be forth
with issued. Per curiam. McCollom
Mitchell and Thompson, j. j., dissent"
The bill in equity filed in this cas-
alleged that the act of Assembly abolish
ing the commission was unconstitutional
and the injunction asked for was to r.
strain the city and Director Windrim froI
interfering with the public buildings con
missioners in completing the city hall.
The effect of this injunction is to plat
the public buildings Immediately With
the control of the commission and it ma
be regarded as final in its effect, becaus
the questions raised in the bill and di
cussed at the argument were solely as
the constitutionality or the unconstitl
tionality Of the act of Assembly, and I'll
issuing of the injunction, therefore, SHOW
that the court in making the order col
sidered this bill to be demonstrations
Technically, however, the decision is m
final. Because the supreme court toe
original jurisdiction in the matter, as it
authorized to do where corporations a
defendants in equity, and though. u
issued, it docs not debar the city from pr
ceeding under the rules of equity to fin
hearing upon bill. answer and PROOF
Whether this course shall be pursued,
this decision regarded as final it is for b
city authorities to determine.
TALK ABOUT THE DECISION.
The announcement of the decisit
created sensation akin to consternati'
among the leading members of the col
bine. Most of them were not to be foul
after the decision was made known, al
those who were seen had no opinion
offer.
Asked asto his opinion of the decisio
Mayor Stuart said he had as yet received
formal notification of the matter.
"If that is the decision of the suprel
court said he, with deprecating wa
of the arm, that settles it II is the Law
Democratic leaders were perhaps tri
elated over the decision, inasnuoh as th
saw resulting possibility of dissension
the Republican ranks. The people, th
asserted, will think their leaders play
double in the matter and were at heart
favor of the commission. It was a
claimed that the Independent Republic
movement would be greatly strengthen
especially in the line of Hicks candida
for sheriff.
NO MONEY FOR THE COMMISSION.
Controller Thompson, when asked W
funds would be available for the comm
sion, said they will not have one dol
When the commission went out of ex
enoe there was balance Of about S5,t
which was transferred TO the Departm
of Public Works.
The commission will have no power
contract debts. The employees have b.
paid up to the end of last week, but
future services they will probably have
wait several weeks for their money.
COMMISSIONERS PLEASED.
Commissioners Perkins, Hill and Gas
had little to say beyond expressing 81
faction at the decision. They had no st
ment to make as TO their future action.
is believed, however, that they will
mand and receive the keys of the city
and proceed with the work, madamu'
the city for payment.
HARITAL noes END IN MURD.
An Elderly Man, in Fit of .TeaIo