Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1915-10-29
CITY SCHOLARS WILL
CONTINUE AT U. OF P.
DESPITE DECISION
Provost Announces That Loss
of Museums Tract Suit
Will Not Affect
Students
AGREEMENT POSSIBLE f

Anxiety among the students Of the Uni
vcrsity " Pennsylvania who won the 70
FREQ city scholarships that they would
have TO leave the institution or else start
TO pay tuition, owing to the adverse deci-
sion OF tho state Supreme Court In the
Commercial Museums site case, was
somewhat allayed by the announcement
Of Provost Smith today that the status
OF the present scholarships would not be
affected, at least in the current year.
The decision Of the court was made on
an appeal taken by both the University
and the city from the decree Of Common
Pleas Court No. I, annullng the transfer
of s. acres along the Schuylkill, on which
property stand the buildings used by the
Commercial Museums.
The Supreme Court upheld the lower
court and there IS now no way for the
University to obtain the property except
by an ordinance OF Councils granting the
Commercial Museums new quarters In
some other part of the city.
The board Of trustees of the Philadel-
phia Museums transferred to the Uni
versity some years ago the 65 acres owned
by the city and in return the University
gave the city Is scholarships for high
school students and ground rent capital
lied at S25 900. These arc the only city
scholarships that are affected there being
other city scholarships that were granted
for other reasons.
The Philadelphia Museums and others
brought equity proceedings to have the
transaction annulled. In his report, as
apecial master, Samuel II. Hynoman de-
cided that the deal was not valid so far
as il actually concerned the land ocCu-
pied by the museums, or about One-third.
His report said the city had the right
to dispose of the remaining two-thirds
Of the tract.
When the Common Pleas Court de-
al, tln Nrn, for nf he Ian 70, -
University invalid, both the city and the
University appealed
The Supreme Court (Justice Won Mosch-
zisker dissenting said that the real ques-
ton in the case was whether there is
such a dedication and appropriation of
this property to public use as will prevent
or stop the city from divcrting 1t from
such use by conveying it to a private
institution"
The decision says: 80 long at least as
the property and buildings occupied by
the museums continue to be used for the
purpose in good faith, the city is without
power to ALLEVIATE the property and thus
interfere with It's prior appropriation or
dedication to public use. The decree OF
the lower court is modified by directing
that tho property occupied by the mu-
scum buildings appurtenant there shall
be held by the trustees 80 long as the
! land and buildings are in good faith used
for the purposes of the museums. In
other respects the decree of the lower
! court Is affirmed"
Provost Smith gave out the following
statement today in regard to the deci-
| sion:
Neither the Academic Council nor l
| have had the full text of the decision.
| Therefore ! can make no statement as
| to the effects of the decision upon the
! University. But the IS free scholarships
| which the University agreed to give the
| city for the land have been granted for
| the current year, and the decision, for the
| current year at least will not affect the
status of the present scholarships"