RESOLUTION

Requesting the City Solicitor of the City of Philadelphia, and the Solicitor for the Commission on Human Relations of the said City, to petition the Orphans' Court of Philadelphia County to review the provisions of the will of Stephen Girard in accordance with the generally accepted and advanced mores of these times, the human relations concept of the equality of all races and the recent decisions of the Supreme Court of the United States on the subject of segregated schools, to determine whether the said College should now admit all boys within the ages prescribed, without regard to race or color.

WHEREAS, Under the will of Stephen Girard dated February 16, 1830, the testator provided that the residue of his estate, then amounting to approximately six million (6,000,000) dollars be left to the "Mayor, Aldermen and citizens of Philadelphia ..." and their successors in office, as Trustees for certain purposes, principally the establishment, in Paragraph 21 thereof, of a certain school to be known as "Girard College"; and

WHEREAS, By the terms of the said will under Paragraph 21, Section 3, the testator provided that the said College shall afford education free of all costs whatsoever, including tuitions, books, clothing and food for

"as many poor, white, male orphans between the ages of 6 and 10 years, as the said income shall be adequate to maintain ..."; and

WHEREAS, By the Act of the Pennsylvania State Legislature of 1869, a Board of Directors of City Trusts was created, giving power to the said Board to administer the estate of Stephen Girard, and by the express terms of the said Act, Section 6 thereof

"the said directors in the discharge of their duties
... shall be considered agents or officers of the said
City ..."; and

WHEREAS, The Estate of Stephen Girard has enjoyed
exemption from City and State taxation on both its prin-
cipal and income, the assets of said estate now amounting
to approximately ninety-four million (94,000,000) dol-
lars, the said tax exemption representing an annual saving
to the said College of approximately seven hundred thou-
sand (700,000) dollars from all the citizens of Philadel-
phia, of whom there are more than four hundred thousand
colored citizens; and

WHEREAS, At the time of the execution of said will,
human slavery existed in many states of the United
States and in a large part of the United States was ac-
cepted as legal; and

WHEREAS, The Emancipation Proclamation ended the
disgrace of slavery in this country, and succeeding Con-
stitutional amendments have guaranteed the rights and
privileges of all our people regardless of race or color; and

WHEREAS, The City Charter of Philadelphia has assured
the same rights to all the citizens of Philadelphia regard-
less of race or color; and

WHEREAS, The Supreme Court of the United States
has in several recent decisions prohibited segregation
because of race or color of students in our public schools
and colleges; and

WHEREAS, At the time of the execution of said will
there were but few poor Negro male orphans who were or
might have been considered as objects of the bounty of
the testator; and

WHEREAS, There are now in Philadelphia many poor Negro male orphans who are needful of the educational benefits provided by Stephen Girard's will; and

WHEREAS, It is wise and proper that the conditions of Stephen Girard's will be reviewed in the light of conditions now existing which differ from the conditions existing at the time of the execution of said will, and in light of the changes of our basic laws, the Constitution of the United States, as amended, the Philadelphia Home Rule Charter, and the recent decisions of the United States Supreme Court; and

WHEREAS, The Supreme Court of the United States, in the recent decisions on the subject of segregated schools, said the following:

> "We cannot turn the clock back to 1868 when the (14th) Amendment was adopted... Today, education is perhaps the most important function of state and local government... it is the very foundation of good citizenship"; and

WHEREAS, The Preamble of the Philadelphia Home Rule Charter provides the following:

> "Grateful to God for the freedoms we enjoy, and desirous of establishing a form of improved municipal self-government in which all qualified citizens may participate equally without any distinction based on race, color, religion or national origin"; therefore

*Resolved, By the Council of the City of Philadelphia, That the City Solicitor of the City of Philadelphia and the Solicitor for the Commission on Human Relations of the said City, petition the Orphans' Court of Philadelphia County requesting the said Court to review the provisions of the will of Stephen Girard in accordance with the generally accepted and advanced mores of these*