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In re Petition for Opening Streets through
Girard College Grounds.

 

PETITION-

 

To the Honorable the Judges of the Court of Common Pleas for
the City and County of Philadelphia:

The petition of the undersigned respectfully represents—
. 1. That they are citizens of the city of Philadelphia.

2. That an act of Assembly was approved June let, 1873,
entitled “An act providing for the opening of Girard avenue
and Twenty—second street through the grounds of Girard College,
and for the vacation of South College avenue and parts of North
College avenue, Twentieth, Twenty-third, and Twenty-fourth
streets, in the city of Philadelphia.”

That by the first section of said act it is, among other things,
enacted that upon petition of ten or more citizens of the city of
Philadelphia to the Court of Common Pleas of said city, peti-
tioning said court for a jury of View to examine and report to
said court for or against the opening and straightening of
Girard avenue through Girard College grounds, and to open
Twenty-second street from North College avenue to Poplar
street, said court shall, if, under the provisions of the will of
Stephen Girard, deceased, and existing legislation essential to
the faithful execution of the trust therein created, it is Within

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352 073 /F:\k47 3

2

the power of said court to grant the prayer of the petitioners,
appoint a jury of View, in accordance with existing laws, to ex—
amine and report to said court for or against opening 'and
straightening Girard avenue through Girard College grounds,
and for or against opening Twenty—second street from North
College avenue to Poplar street. '

Your petitioners, therefore, pray for the appointment of a jury
of View, under the provisions of the act of Assembly hereinbefore
recited, who shall examine and report to your honorable court
“ for or against the opening and straightening of Girard avenue
through Girard College grounds, and for or against opening of
Twenty-second street from North College avenue to Poplar
street,” in accordance with the terms of said act of Assembly.

And they will ever pray, &c.

(Signed) ROBERT COANE ............. 1637 Girard avenue.
“ JOHN B. GREEN ............ 728 Spring Garden street.
“ J. PLAN KIN TON ............. 725 Spring Garden street.
“ ROBERT LINDSAY ......... 528 Franklin street.

“ GEORGE W. GAMBLE..... 640 Franklin street.
“ HORACE HAVERSTICK..1345 Vine street.

“ ‘ G. S. PARKER ................. 1008 Green street.

“ GEORGE F. KEYSER ...... 1218 North Fifteenth street.

“ JAMES E. DINGEE ......... 1707 Master street. ,
“ STEPHEN HARTWELL...S. E. cor. Ninth and Spring Garden.
“ A. H. SHOTT ................... 1725 Girard avenue. '

“ GEORGE W. STULL ......... 1943 Poplar street.

“ EDWARD E. WALLACE...1525 Fairmount avenue.

“ CHARLES P. COANE ...... 1222 North Eighteenth street.

“ E. \V. LEIGHTON ............ 2009 Columbia avenue.

“ JOHN F. SMITH .............. 1250 North Broad. .

“ WM. F. MISKEY, JR.... N E.cor. Sixteenth st.&Alleghenyav.
“ SAMUEL SUTTER ........... 717 Spring Garden. «

“ LEVIS N. YEARSLEY..... 717 Spring Garden.
“ MORRIS E. AFFLICK..... 515 Franklin street.
“ CONRAD S. ESHER ......... 1719 Girard avenue.

John B. ‘Green, being duly sworn, according to law, doth
depose and say, that the statements in the foregoing petition

contained are true, to the best of his knowledge, information,

and belief.
' (Signed) JOHN B. GREEN.

3

Sworn and subscribed before me, this sixth day- of December,
A. D. 1873. Witness my hand and seal.

[SEAL] J. PLANKINTON,
Alderman.

REASONS OF THE PETITIONERS

For application to the Legislature of the State of Pennsylvania for the
passage of an act of Assembly, approved June 21st, 1873.

Also, for the petition dated December 6th, 1873, to the honorable Court of
Common Pleas of the County of Philadelphia. Together with an Appendix
containing a statement of facts, desultory remarks, and conclusions.

, "
ADVANTAGES or OPENING GIRARD AVENUE.

First—Guard avenue is obstructed, and traveling thereon
made circuitous, by the south—western corner of the Girard Col—
lege grounds extending diagonally south—westerly across the said
avenue, thereby increasing the distance from east to west, and
interfering with the convenience and business interests of the
citizens of the city. Girard avenue is the most important high-
way in the north, north-eastern, and north-western portions of the
city. The north—eastern terminus of this avenue is at Norris
street and Gunner’s Run canal, there forming an obtuse angle,
an intersection, junction, and continuation with a sixty—feet—wide
(Norris) street, at a distance south-easterly of less than four hun-
dred and fifty (450) feet to Richmond street, (known as the sixty—
feet—wide river road,) there forming a further continuation north-
‘eastward to Richmond, Bridesburg, and Whitehall. The western
terminus of the said avenue is at the intersection and junction
of Carter and Sixt.y7ni11th streets. Carter street is the south-
westerly continuation, at an obtuse angle, of Girard avenue three
thousand (3000) feet to the south-western city line. Sixty-ninth
street is a continuation of said avenue at a right angle southward
three thousand (3000) feet, crossing Market street to the same
city line. This great highway (Girard avenue), with its con—
tinuations, extends from Bridesburg on the north—east to the

4

county line on-the south-west, connecting with all the streets and
avenues that lead to the north, north—eastern, and north~western
suburban and rural districts of the city, and crossing all the
streets extending north and south between the rivers Delaware
and Schuylkill, also all those streets that run north-westward
from Market street, in West Philadelphia, and is the only
avenue from the northern sect-ion of the city leading to and from
West Philadelphia and Fairmount Park crossing the Reading
Railroad by a bridge above the grade of said railroad on the
east side of the Schuylkill river. The Pennsylvania and the
Junction Railroad crossing over Girard avenue by bridges above
the grade of the said avenue in West Philadelphia, connecting
the eastern and western shores of the Schuylkill, spanning the
said river by a grand bridge with a carriage-way one hundred
(100) feet wide, the whole completing one of the grandest
avenues in the consolidated city, and only equaled by Broad
street.

, IMPORTANCE OF OPENING TWENTY—SECOND STREET.

SecomZ.——The college grounds extend westward from the west
line of Nineteenth street to half—way between Twenty—fifth and
Twenty-sixth streets, blockading all the streets running north
and south, between east and west line of said grounds, a distance
of half a mile and three hundred and thirty feet, or two thou-
sand nine hundred and seventy feet. It is proposed by the
projected improvement to divide the enclosure by opening
Twenty-second street through the said premises. Twenty—second
street being selected for the following reason, to wit: it does
not require any of the buildings to be removed or divide the
grounds on which any of the buildings used for educational pur-
poses, professors or students’ residences are erected. It divides the
said site more equally in east and west sections than any other
street that could be opened through the said grounds, leaving on
the east side of Twenty—second street, the eastern section, one
thousand five hundred and thirty—four feet, and on western side
of Twenty-second street, the western section, one thousand

5

three hundred and seventy—six feet. The said Twenty-second
street, since the location and dedication of Fairmount Park, is the
most direct approach, accessible, widest, and unobstructed street
leading from the northern district to the Wharves and landings.
of the Schuylkill river. In going southward, say from Ridge
avenue to said wharves and landings, all the streets west of
Twenty—fifth street terminate at the north—east and east line of
said park. Twenty—fifth street terminates at Callowhill street,
Twenty-fourth street terminates at Vine street, Twenty—third
street is obstructed by the House of Refuge, and are all thus
blockaded.
‘ Twenty-second street, elsewhere unobstructed, is sixty feet
wide,——being ten feet in width greater than any other street con—
tinued from; the southern to the northern parts of the city,
except and only exceeded by Broad street and equaled by Front
street. The northern terminus of (Twenty—second street, now
the new turnpike to Germantown) said street is at the intersec—
tion of Roberts and Pulaski avenues, midway between Bristol
and J uniata streets, there forming a continuation, at a slight
obtuse angle with said Pulaski ‘avenue, leading north-(westerly
sixty feet in width directly to the centre of _ the most beautiful
section of Germantown. The aforesaid Roberts avenue also
forming a continuation eighty feet in width at an acute angle
south—westerly from said Twenty-second street toward Laurel
Hill cemetery. Twenty-second street, at Market and Arch
streets, is the second street east of the Schuylkill river, and is
intersected by the approaches of the Market, Chestnut, and South
street bridges. The southern terminus of Twenty-second street
is at Government avenue, at League Island.

Twenty-first street is blockaded from Brown to Coates street
by the Eastern Penitentiary.

Twenty-third street is blockaded from Parish to Poplar street
by the House of Refuge.

Twenty—sixth street is blockaded from Thompson to Master
street by Spring Garden reservoir.
_ Twenty-seventh street is blockaded from Thompson to Master
street by Morris City.

6

Twenty-eighth street is blockaded from Thompson to Master
street also by Morris City.

Twentieth street, Corinthian avenue, T wenty—first street,
Twenty—second street, Twenty-thirdstreet, Twenty-fourth street,
and Twenty-fifth street are blockaded by Girard College.

Twenty—third street, Twenty—fourth street, Twenty—fifth street,
T wenty—sixth street, and .Twentylseventh street are also block—
aded by the Glenwood, Odd—Fellows’, and Mechanics’ cemeteries.

Consequently, now there is no direct unobstructed street ex-
tending northward from Poplar street, between Nineteenth and
Twenty—ninth streets, and that 110w immediate necessity exists
for the opening of an additional street running northward from
Poplar street, between Nineteenth street and West College
avenue, for the better facilitation of the police regulations of the
said Vicinity, and for the proper protection of the lives, property,
and peace of the inhabitants thereof from the designs and acts
of the robber, incendiary, and assassin ; and for the better facilita-
tion of. the fire department in case of fire ; and for the proper
supply and circulation of water and gas, and for the better regu-
lation of the pressure thereof; and for the better accommodation
of churches and public schools; and for the necessary comfort
and convenience of the citizens of said district, for their general
welfare and business purposes.

BY THE IMPROVEMENT, AREA OF GROUND NOT DIMINISHED
NOR PRIVACY 0F INSTITUTION INTERFEEED WITH.

The projected improvement of the city and college site does
not to any extent diminish the superficial area of these grounds,
as it is proposed by plan to add to the north side of the enclosure
about the same quantity of land as will be thrown out of the
south side thereof. In the published proceedings of the Board
of City Trusts, it is stated that they contemplate the erection of
additional buildings on said grounds, and introduce what they
term a family system of management. This system cannot differ
much from the mode now practiced in our public schools,——a
classification and separation of students, according to the degree
of proficiency acquired, or a division between the large and small

7

boys. Any better mode than the one now proposed by a divi—
sion of the ground cannot be adopted, placing the large scholars
in the eastern section, and the small ones in the western section
of the institute. It is proposed to obviate and overcome any ‘
interference with the privacy orinconvenience of communication
occasioned by opening, extending, and continuing Twenty—second
street through the ground, by excavating and constructing a
handsome granite tunnel, about eight feet in depth and ten feet
in width, across and under Twenty-second street, communicating
with and connecting the grounds of the two enclosures made by
the division thereof, (said tunnel to be kept perfectly dry by
drainage [into a culvert now constructed sufficiently deep on the
grounds near by,) granite steps or gradual descending walks at
each end of said tunnel descending from the ground surface
level to the bottom or pavement below, making an easy transit,
viz., first, descending by steps or the descending walks passing
through the subterraneous passage sixty—eight feet, and ascend—
ing the opposite end steps or walks to the ground level, and thus
from section to section. If the tunnel system is considered
objectionable, communication may be made by the erection of an
iron bridge spanning Twenty-second street, from the top of east
to the top of west wall, the said walls forming the abutments of
said bridge; and for each section, one set of double twin steps,
made of granite, starting contrary directions, Viz., north and
south, each‘pair at the top ,meeting one granite platform set at
each end of and level with said bridge and top walls; the ends
of said steps to be built firmly in said wall during the erection
thereofi—said steps to run parallel and inside the wall of each
enclosure, extending from the ground level to the platform, set
level with top walls and bridge, thereby forming communication
between the eastern and western section of said grounds in the
same manner as the bridge connecting the new and old House of
Refuge on Poplar street. There could also be constructed two
sets of carriage-way gates, one in each wall on the east and west
sides of Twenty—second street opposite each other, (say half—way
between Girard and North College avenues) said gates to be

firmly fastened, and only open in cases of emergency.

8

No ENCROACHMENTS ON THE FRANCHISES OF THE STUDENTS
AND A PLEA FOR THE N ECESSITIES OF THE PEOPLE.

The Board of Trusts, in their published proceedings, express
much sympathy and place much stress on what they term
encroachments on the franchise of the orphans, in the matter of
the proposed opening of the avenue and street through the
grounds in question.

These students are not orphans in the charitable or piteous
sense of the word “ orphans.” They are not paupers—do not
need or require the empty wailing cry of these gentlemen ; they
are the legatees of a munificent benefactor, for whose benefits
and comforts his legacy provided. The testator, in his great
wisdom and substantial pity, certainly did not desire to deprive
these students of the healthful and needful physical exercises
which would be obtained by a division of these grounds in
accordance with the proposed plan. Would it not be more
sympathetic for these gentlemen to consider and endeavor to
alleviate the suffering, labor, and inconvenience of the poor aged
men, women, and ill-clad children on their way to church and
school? also, those who carry with them their scanty cold
morsel to their work, from their humble homes to their daily
toil, then, after their hard labor ceases, forced to return around
these unsightly walls (inside of which is a haven of magnificence,
comfort, and ease) an unnecessary distance, and at times an
untrodden icy path for over a half mile?

OPENING OF STREETS NOT PROHIBITED BY THE WILL.

In the fourth (1874) annual report of the Board of Trusts,
page 17, will be found the following words, viz. :——“ The Legisla-
ture doubting its authority to violate the spirit and intent of the
will.’ ’ There is neither word nor sentence in the will or codicils
that can possibly be tortured into having the least semblance,
color, or shadow, much less the meaning, of preventing roads,
avenues, or streets running through any of the estates of said
decedent. The mayor, Benjamin W. Richards, was requested in
1832, by the .executors of said estate, and by the old City

9

Councils, to proceed to Harrisburg to procure the passage of an
act of Assembly to enable the City Councils to carry into effect
the views of Stephen Girard, as expressed in twenty—second and
twenty—third sections of his will. All of which was obtained in
the ten sections of the said act of March 24th, 1832. The
eleventh section of the said act was placed therein to meet the
views of others, viz., mayor, old City Councils, and executors of
said testator, preventing (or endeavorng to prevent) the authorities
of unincorporated Penn township from opening any highway
through this estate without the consent of said Councils or
board of college directors. It is assumed by said trust that this
law was purchased for a consideration. Then, as far as the
eleventh section of the act is concerned, it was a misapplication
of the money of this benefactor. It would not be any greater
misapplication of said funds to have made this same section
of law apply to the five hundred and fifty acres at that time
in Passyunk township, or the twenty thousand acres in Schuyl—
kill and Columbia counties.

MODIFICATIONS OF WILL REQUIRED BY LAPSE OF TIME.

It is not ephemeral to say that the Board of City Trusts,
if their annual reports of 1873 and 1874 are correct, have
violated, and are now violating, the said will, not only in
spirit, but in action, deed, and deeds of conveyance. Where
in the will is the authority to rent any of the premises for a
period exceeding five years, or to sell or alienate any por-
tion of the estate in Pennsylvania? On the 'contrary, by the

twentieth section of said will, it is provided that the leases

should not exceed five years, and the selling of any portion of
land in this State is expressly prohibited. Upon reference to the
opinion of the honorable solicitor of the trust, it Will be found
(page 40, fourth annual report, 187 4) that the meaning of the
Will, when speaking of property, comprises “every inch of land.”
It is unnecessary at this time to refer to all instances of violation
of the will, a few will suffice for our present purpose :—

The sale to Mrs. Brown in 1872 (page 16, third annual re—
port); Henry C. Gibson, in 1873 (fourth annual report, page 7) ;

10

and on pages 12 and 24 of same report, we find the sale of
seventy—four lots in Girardville, for which fifty-six or sixty deeds
have been made out ; and, for the consideration of $12,800, a very
large piece of land has been sold and alienated to the Odd
Fellows for a cemetery. The lease to Messrs. Kemble and Kern
(page 9 of same report) is illegal, ten years instead of five years,
as directed by twentieth section of will. Another admitted gross
violation of the will has occurred ( page 7, same report) by
receiving only a nominal rent from Mr. Sully, and permitting
(as it is stated therein) him to occupy the property on Fifth
street as a mark of' esteem. Stephen Girard, by the twentieth \
section of his will, directed his property to be rented to good
tenants, and by section twenty-four, clause third, of said will, he
devotes the income thereof to be applied to the education and
support ot'tnot old gentlemen) ()1'1_)l1aus———an admitted misappli—
cation of a large portion of the income of the estate. Page . ,
same report, occur these words :—-—“Possibly some of these houses
may be more ornate than was necessary as a mere investment; but
the directors feel bound to regard the intimation of Mr. Girard
in his will that the appearance of Philadelphia be improved.”
Mr. (lirard did say Philadelphia, but he affixed the word city
before the same. The Supreme Court has given the sense of that
word to apply only to the old city proper, and the will does not
direct any money appropriated for embellishiug any other part
of the county of Philadelphia. The l)oar(l,.when they desire to
evade the will, (page 12, same report,) call on the Court 'of Com-
mon Pleas for the consent of that body. It is not the business
of this court to make laws or wills, but to see that they are
‘arried into efi‘ect as intended; the decree thereof is subject to
the appeal of those opposed to the action to a higher tribunal.
The petitioners do not desire to cast any reflections or impugn
the motives of the Board of City Trusts collectively or indi—
vidually, or say that any of their acts are detrimental to the
interest of the estate confided to their care ; but pray that if such
‘libe‘al constructions of the will can be made by the board and
confirmed by the court, the said court and trustees should be
equally liberal in construing the twenty—second and twenty—third

 

11

sections of the will by decreeing that the legacy of $300,000
was for the purpose of the passage of laws to improve and
embellish the city of Philadelphia, as the city was bounded at
the time of the date of the will, as the honorable Supreme
Court has heretofore decreed to be the meaning of the words
“‘ city of Philadelphia," as contained in the will, to be within
the limits of the old city proper, as constituted at. the time athre—
said, and also decreeing that the purpose of the said eleventh
section of the act of March 24th, 1832, was not required by
the twenty—third or any other section of the will, and thereby is
nugatory and void.

The object ,of reference to these evasions 0r violations of the .
will is merely to show that it is scarcely possible for the human
mind to conceive or contemplate that a change of time and cir—
cumstances will make many parts of such an indenture entirely
inoperative, thereby requiring modifipatien in a lapse of time
(about forty—two years) in a district which has changed from
farm land to a thickly populated, extensive manufacturing, and
rapidly improving “section of the city. Stephen Girard having
purchased on June 6th, 1831 , of Messrs. Parker, Foulk, and
Hallowell, the Peel Hall Farm, situated in unincorporated Penn
township, on the westerly side of the (then) Wissahickon road,
containing forty—five acres and some perches, for the sum of
$35,000, (including with the improvements thereon less than
$780 per acre,) the said farm having no other front or line on
any road, there not being any streets running north and south
or east and west laid down on the plan of said township at that
time. The second codicil, dated June 20th, 1831, dedicates this
site for the college. Stephen Girard died December 26th, 1831,
less than seven months after the purchase of this farm and the
date of the codicil.

It is even now within the recollection of some of the old and
.respectable residents (who can be produced) to relate what the
testator desired in relation to squaring up of and opening a road
or roads through this estate, and no doubt if he (the benefactor)
hadysurvived a few months longer he would have carried this
object into effect.

12

COLLEGE To BE ERECTED PARALLEL WITH THE STREET ON
WHICH THE LOT FRONTs

The benefactor, whose great mind conceived, and in section
21 of his will so minutely directs and describes his intentions
in detail, in relation to the erection of the college, directs the‘
building, after giving the size one hundred and ten feet east.
and west and one hundred and sixty feet north and south, further
directs to build parallel with High and Chestnut, Eleventh and
Twelfth streets (those being the lines of the lot then selected) :
“ Provided those lines shall constitute at their junction right
angles,’ ’ ———thus making a special proviso that the building should
be built parallel and square with the lot, having four fronts, viz.,
north, south, east, and west. The aforesaid was the direction in
the will dated February 16th,1830. Subsequently, (June 6th,
1831,) the testator pu1 chased another site for his college having
only one fiont, north— easte1l) , and by the codicil of June 20th,
1831, di1ected the change of location trom the first to the second
selected site, and that the “ orphan establishment” should be built
thereon in the same manner as on the lot first dedicated. The
directions given in the codicil make some of those given in the
twenty-first section of the first will inconsistent; the codicil being
the last direction given by the decedent, takes precedency and
annuls all the directions in the twenty—first section that relate to
the lines and streets bounding the lot at that time withdrawn from
college purposes, also annuls all other directions in the said twenty-
first section that are incompatible with the said codicil. There
being no two lines of the last selected lot “forming at their junc-
tion right angles,” the codicil became the operative direction. The
lot having only one front, and the said codicil not annulling the
direction “parallel,” it became obligatory with those in charge
of the erection to place the building parallel with the only front
line—Wissahickon road ; but on the contrary, the said building
was erected diagonally with all lines of the lot and all roads and
streets north of Coates and west of Sixteenth street. Excavations
for said structure commenced May 6th, 1833, locating the prin—
cipal (south) front of the building facing diagonally with the

13

south-easterly angular private line bounding and dividing this
site from the farm of Davidson. And thus this great edifice
stood, as a monument of the ignorance of those in charge of
construction, for over siX and one—half years, until the confirmation
of Girard avenue, November 16th, 1839. It is a well—remem—
bered fact to all those that were acquainted with this locality at
that early date, and of which traces still now exist, that all the
streets projected or laid out at that time in this vicinity were
parallel or at right angles with the said VVissahickon (now
Ridge) road, and along the lines of many of them are now
entirely built upon, as can be seen in what was. the former
Villages of Francisville and l\Iorris City. This estate being
located immediately between the said villages, F rancisville
blockading Eighteenth street, being about one square east, and
Morris City blockading Twenty—seventh street, being almost

immediately on the west lines thereof. - In the same twenty—first

section of the will another direction therein has been entirely
disregarded, Viz., location of the building in the “centre of
the lot of ground.” There is not at this time any better mode

, 0f remedying the evil, or carrying out these two important direc—

tions, “parallel with the streets and centre of the lot of ground,’ "
than making Girard avenue parallel with the principal front, and
Twenty4second street parallel with the west line of said college,
thereby placing the structure near the centre of the eastern
enclosure.

The old City Council building committee of the college, not
considering the codicil to annul the inconsistent parts of the said
twenty—first section of the will, undertook to accomplish an im-
possibility by endeavoring to carry out the direction of said sec—
tion and codicil, entirely lost sight of the following meaning
thereof, that the (fence) wall to enclose the lot was to be built
parallel with the building, and the said structure was to be
parallel with the lines of Chestnut, High, Eleventh, and Twelfth
streets. One of these objects they did accomplish, viz., the in—
stitute was erected parallel with the streets named, but the north—
erly and southerly walls of these grounds are in direct opposition
to the tenor of the will, and it is an utter impossibility to comply

14

with the meaning of the will, except as by the plan proposed,
making the south line of enclosure parallel with Girard avenue,
and the north line thereof parallel with Thompson street, those
streets being parallel with those named in the will.

It is further directed (in section 21 of will) that there shall
be two principal doors of entrance, one in the north and one in
the south of the building, intended to open and shut square with
the front and'back of the college, those fronts being parallel
with Chestnut and High, the principal (or best) streets bound-
ing the said lot. The change in the location caused a change of
circumstances, whereby the codicil made this (twenty-first section)
inoperative in exact details. The nearest approach to the mean-
ing of the will and codicil would cause a slight change, viz., the
door which was to be placed in the north of the building would
have to be placed in the northerly part, and the door which was
to be placed in the south of the building would have to be placed,
in the southerly part. Stephen Girard, during his life, planned,
directed, and built many handsome, substantial buildings, and in
his will the scientific manner in which he laid out and directed
his college to be erected proves him to be the architect and me—
chanic, in addition to his general title of merchant and mariner,
and it cannot be properly conceived, successfully or convincingly
argued, that he ever intended to have his magnificent building
erected on the present site diagonally, or the principal front
thereof diagonally facing the dividing'line of the farm which
bounded, then, on private property.

And it would be most ridiculous, and an insult to the memory
of this great man, for one moment to entertain an idea that the
testator ever intended to discommode the large class of citizens
who 110w reside in this section of the city, by blockading the
principal avenues thereof."

ADVANTAGES AND BENEFITS ESSENTIAL To THE FAITHFUL
EXECUTION on THE TRUST.

I
It is scarcely necessary to call the attention of any reflective
mind or observant eye to the necessity of carrying out the object

15

and views as expressed in the preceding desultory remarks in
accordance with plan proposed.

The benefits arising therefrom to the institution are manifold.
Taking a glance at the surrounding neighborhood there will be
found already, directly facing the walls Of this great university,
opposite the north—west corner of these grounds, two very large \
steam saw and planing mills, which have already been twice en—
tirely burned down and rebuilt; and facing the western wall two
immense breweries with their retail offices now exist. Many dis-
cordant small and dangerous buildings, Frederick Zaiss’ match
factory (the largest in the State), and other Obnoxiousworks are
in close proximity to this inclosure. These kind Of surroundings
will certainly multiply and increase around this institution if the
necessary facilities and conveniences are not afforded, but with—
held or denied, and proper encouragement given to the owners
of the surrounding land for to secure a safe income for the
investment of their capital in the erection of fine residences such
as would benefit and not injure an institution which was first
intended by the great beneficiary to be erected on the most
fashionable streets of the city (during his life). The straightening
and opening up of Girard avenue would secure to the trust the
whole of the vacant land fronting the college grounds—over
sixteen hundred and fifty feet front on the south side of said
avenue, four hundred and fifty feet front on the north side Of
Poplar street, and four hundred and fourteen feet front on the
east side of West College avenue, and the same number of feet
front on the east and west side of Twenty—fifth street, and
frontage of the same number of feet On the east and west sides of
Twenty-fourth street, and frontage on the east and west sides of
Twenty-third and Twenty—second streets, together with frontage
on the west side of Twenty—first street.

IMPORTANT REASONS FOR OPENTNG THE PROPOSED STREETS
AND SQUARING THE GROUNDS.

The ground, as above described, thrown out by the Opening'
Of Girard avenue, has not been valued since surveyed and

16

measured by those conversant with the value of ground in the
vicinity—at less than six hundred and fifty thousand (650,000)
dollars. The twentieth section of the aforesaid will, prevent—
ing the trust from disposing of “one inch of ground,’ ’ the same
would be retained in the estate. This ground is much more
valuable to the Girard estate than to any (other) institution, per-
son or persons. It gives to the trust the key controlling the
character of the improvements opposite the whole principal front
of the college, on the south side of this avenue, named for the
great benefactor. Palatial residences have reached the western
terminus of the eastern section of this great highway, ending im-
mediately opposite the grand entrance to these grounds; and
now, if no encouragement is held forth, a continuation of that
miserable thoroughfare, South College avenue, will be extended,
of which an exhibition of the character of the improvement that
will be continued and erected thereon may be seen on the south
side of said College avenue from Ridge avenue to the College
gate. If the improvement as recommended be carried into
effect, the Girard College will have a front on the north side of
the avenue heretofore named of twenty—nine hundred and nine-
teen feet. All that portion of the Fifteenth ward (usually known
as Bush Hill) which was left vacant until a late or recent date,
and fit for handsome residences, is now built upon; and if there
is such a street as Twenty-second, sixty feet wide, opened through
the College grounds, these improvements will necessarily have
to be extended north of this institution, and the improvement of
each of these avenues will work in harmony and assist each
other, and control the character of this Vicinity. Then in after
years, when this great institution is Viewed by those to come,
there can be no censure or reproach on the memory of those who
may have passed away (those in charge of the erection or man-
agement), but an honor to the benefactor and projector, a credit
to the city of Philadelphia and the management in general. We
should pause and reflect that but forty—three years ago (the com-
ing sixth day of June) Stephen Girard purchased this farm, then
two miles beyond the improved parts of the city, and consider

what may take place in the future lapse of time. The period

17

has arrived When this locality must be built upon, and the char-
acter of the surroundings of the college and this neighborhood
forever established. These days of exorbitant taxes will compel
the immediate occupancy of this ground; it is now required,
and cannot stand vacant longer.

$400,000 WILL BE REALIZED BY THE Tnus'r IF THE PRO-
POSED IMPROVEMENT Is CARRIED OUT.

The piece of land on the north side of the college site
bounded by Thompson street on the north, College avenue on
the south, and Twenty—fifth street on the west, can be purchased
for, say two hundred thousand (200,000) dollars, or the cash
value thereof. The principal additional cost incidental in carry—
ing into eifect this improvement, would be the taking down and
rebuilding the required portion of the old or present (fence) walls,
and building new walls on the east and west lines of Twenty-
second street would be about, say thirty-five 0r forty thousand
(35,000 or 40,000) dollars.

The figures as above mentioned would make the Whole
object in View cost as follows :—The price of the land, say
two hundred thousand (200,000) dollars,‘to which add the esti-
mated cost of walls, forty thousand (40,000) dollars, and make
an allowance for contingencies of, say ten thousand (10,000)
dollars—total, two hundred and fifty thousand (250,000) dollars,
which, deducted from the value of ground thrown outside
of the enclosure, valued at six hundred and fifty thousand
(650,000) dollars, leaving a profit or balance invested in the
increased assets of the trust of four hundred thousand (400,000)
dollars—leaving outside of the calculation altogether the amount
of money that probably might be obtained by the trust for
the important advantages that would be assessed on the sur-
rounding properties benefited by this great improvement, the
balance being more than sufficient to purchase the lot of ground
with the buildings erected thereon,—-b0unded on the north by
South College avenue, on the south by Girard avenue, and on

18

the east by Nineteenth street, the western end thereof terminate
ing in a point at the junction 'of Girard and South College
avenues opposite the college gate.

The whole of the aforesaid triangular lot of ground, with all
the buildings thereon, is now valued by the Board of Revision
of Taxes at one hundred and forty—eight thousand four hundred
and fifty (148,450) dollars, and the taxes of the year 1874 are
assessed for said year and amount on said property. The above
bounded lot is immediately south of and obstructs the entire south
and east view of the college from the principal gate eastward on
Girard avenue, the said lot embracing the whole north front of
said avenue between N ineteenth street and Corinthian avenue.

DESCRIPTION AND COST OF STONE VVALL AND ENCLOSURE.

The cost (as per estimate for enclosing with stone wall twenty-
three and one—half acres of these grounds, with the capping and
gates complete, as first intended in the original specification and
drawings made by Thomas U. Walter, architect, in the year 1844)
was forty-five thousand (45,000) dollars. The twenty—three. and
one-half acres to be enclosed, as first proposed in the year 1844,
was identically the same piece of land that is now recommended
to be enclosed as the eastern section of the said site. If the
original plan, as above, had been adhered to, the intent of the
testator would have been in a measure carried out, at least one of
the (fence) walls would have been parallel with the building, and
the edifice would now be nearly in the “centre of the lot.”
Subsequently the plan was altered, and the same gentleman,
Thomas U. Walter, on the twenty-seventh day of December,
1845, presented to the committee charged with the duty of con-
struction another estimate to enclose in the same manner the
whole site of forty-five acres, including gates of entrance and
capping complete, for the sum of sixty-six thousand (66,000)
dollars, being more than double the apportioned cost of the number
of acres of land enclosed, Viz., there is now enclosed within those

walls less than thirty—nine acres at the (apportioned) cost of less
than thirty thousand five hundred (30,500) dollars. Six acres

19

of said (forty-five acres) land has been thrOWn out to form the
surrounding avenues, all of which will be reclaimed and again
thrown into the enclosure, thereby leaving quite as much of the
original tract inside of the said enclosure as now exist; therefore,
merely making a substitution of the original ground heretofore
thrown out in exchange for about an equal quantity of the same
land now proposed to be thrown out to form new streets in place
of those to be vacated by plan proposed.

The continued'length of stone wall around the site enclosed
is six ' thousand eight hundred feet, viz., south-eastern line,
twenty—nine hundred and twenty feet; north—eastern line, six
hundred and seventy-five feet; north—western line, twenty—six
hundred and fifteen feet; westerly line, five hundred and ninety
feet, making an entire distance around these grounds one and a
quarter miles and three hundred feet. The executors of this
estate, in their communication to Councils, (see appendix, page
36, of the fourth annual (1874) report of Board of City Trusts,)
express their mistaken idea of the testator’ s intentions in relation
to the quarrying of stone on the farm for the purpose of these
walls. It is a well—remembered fact to all those having an early
knowledge of this locality, or conversant with the quality and
quantity of stone that could be quarried in this vicinity, that a
sufficient quantity of stone could not be procured for this pur—
pose, and the quality of any so acquired would be of a very
inferior kind, and would only be fit to be used for the under—
ground work. The admitted superior judgment of Stephen
Girard of the character of building material would have led him
to have used or directed a better class of material to be worked
in constructing the above—ground portion of the walls. The stone
now in those walls was purchased in another locality. Theonly
' direction given in the will as to the manner in which the lot
should be enclosed is, viz., “ shall be enclosed with a solid wall,
at least fourteen inches thick and ten feet high, capped with
marble, and guarded with irons on the top ;” but the building
committee of Councils, upon the request in communications of the
executors, as above referred to, caused the said lot to be enclosed
Within the present walls. \

20

The hypothesis is, that if the testator had desired a stone wall,
he would have directed the walls double the thickness; but only
intended to use the stone quarried on these premises for the
foundations or underground portions of the walls of this enclos—
ure, and use other material in the above-ground portions
thereof. The directions of “ guarded with irons on the top ” has
been disregarded.

URGENT NECESSITY FOR IMMEDIATE ACTION OF THE BOARD
OF CITY TRUSTS.

The endowment of the college for orphans was one of the
principal objects in the twentieth and twenty-first sections of the
will of Stephen Girard. The circumspection of those to Whom
the care and management of this institution has been confided
should guard not only the present but also the future interests of
this great heritage, and embrace the present opportunity of
securing the necessary land required to carry into effect the
improvement suggested before the same is otherwise disposed of
and cannot be obtained except at an exorbitant price, together
with the additional cost of the buildings that hereafter will be
erected thereon, with the embarrassment in dealing With a great
number of persons, and expenses of obtaining titles from the
many owners thereof. Otherwise the superficial area of these
grounds will be curtailed and divided into disproportionate and
irregular, angular, or diagonal parts. It is only a question of
time when the straightening and opening of the avenue and
street heretofore named will take place. Urgent necessity caused
five thousand citizens of the south-western and north-western
sections of the city to petition to the State Legislature (session
of 1873) for increased facilities of communication in the vicinity.
The House of Representatives passed, by over‘a two-thirds vote,
an act granting the prayer of said petitioners; the Senate concurred
in the said act, and the Governor finally approved the bill, and
the same became a law June 21st, 1873. The vigorous manner
in which the building operations are carried on, and the great
number of houses constantly erecting in the locality of these

21

obstructed highways; the rapid growth of the city and its exten—
sion northward and westward; continually increases the urgency
and demand for greater facilities of transit, and has changed
from a local want to an almost universal public necessity and
requirement from citizens of all sections of the city. At this
time, if required, a petition could be procured containing the
signatures of fifty thousand citizens, consisting of tax-payers of all
sections of the city. These citizens will “ persist” and increase in
energy and number until the object demanded is finally acquired.

STEPHEN GIRARD ANTICIPATED THE WANTS OF HIS FELLOW—
CITIZENS.

Stephen Girard, during his life, was successfully engaged in
many and various kinds of business and enterprises; consequently
he was not a man of one, but of many ideas. Although the main—'
tenance and education of orphans was one of his desires, his
great mind was penetrative, extensive, comprehensive, and anti—
cipated the future conveniences, necessities, and requirements of
his fellow-citizens, and endurably recorded those views in the
twenty—second section of his will, providing for opening, regu—
lating, grading, widening, straightening, laying of water-pipe
(therein), curbing, paving, lighting, and the cleansing of high—
ways, and the police protection of citizens; and for the purpose

' of the better carrying into effect of these important measures he,

in the twenty—third section of his will, directed his executors to
pay to the constituted authorities of the State of Pennsylvania
three hundred thousand dollars, as a consideration for the passage
of certain laws to enable the city government to carry into effect
his desires as therein (twenty-second and twenty—third sections)
expressed, and for no other purpose whatever. And by no
logical sequence was the alleged “contract” in relation to the
Girard College grounds directed to be entered into. The will
containing the said (twentieth, twenty—first, twenty—second, and
twenty-third) sections was executed February 16th, 1830. The
college site was not purchased until fifteen months thereafter
(June 6th, 1831) ; therefore the law to be procured for the legacy

22

of three hundred thousand dollars cannot be properly construed

to apply to property the testator did not own or mention in said ' S

will. There is no provision in the codicil of December 25th,
1830, or the codicil of June 30th, 1831, to make the said law, or
legacy of three hundred thousand dollars, to have recourSe t0 the
purpose of the alleged “contract” or the college site.

No LEGAL OBJECTIONS T0 IMPROVEMENTS AS RECOMMENDED.

It is claimed by the Board of City Trusts that for and in con-
sideration of the sum of three hundred thousand dollars paid
into the State treasury by the executors of the estate of Stephen
Girard, deceased, as directed in the will of the testator, (section
23,) and that by virtue of the eleventh section of an act of
Assembly of March 24th, 1832, for the consideration above
specified, a contract was entered into between the State of Penn-
sylvania and the representatives of the said decedent, alleging
that the said contract prevented the city of Philadelphia, or the
citizens thereof, from opening any streets through the Girard
College grounds, unless upon the recommendation of the board
of directors of said college to and with the consent of the Select
and Connnon Councils of the city of Philadelphia. The said dece-
dent did not, in the twenty-third section or any other part of his
will or codicils, request or direct his executors or representatives
to procure the passage of any law .by the State or city govern—
ment to prevent the opening of any street, road, lane, alley, or
avenue through his grounds or estate in the city or county of
Philadelphia, State of Pennsylvania, or elsewhere; but, on the
contrary, his general desire is explicitly set forth recommending
the straightening, opening, widening, grading, and paving/of
such highways, and the lighting and cleansing thereof. Stephen
Girard, in the twenty-first section of his will, appropriated and
dedicated the lot of ground situated between High, Chestnut,
Eleventh, and Twelfth streets, and. directed his college to
be built thereon. He never requested nor directed his execu-
tors or representatives to procure the passage of any laws
preventing the continuation of Marble street westward (through

23

his ground above mentioned and as first dedicated) to Leiper
street, the said lot containing only four and four—tenths acres.
The legacy of three hundred thousand dollars to the State
'of Pennsylvania was to induce the Legislature to pass cer-
tain laws (section 23 of the will) for the improvement of
the city ( not the county) of Philadelphia. The honorable
Supreme Court of the State of Pennsylvania has determined the
definition of the wards of the city of Philadelphia in a suit
against the board of directors of the Girard College, brought
by the guardian of an orphan born in the county (not the old
7 city) of Philadelphia, claiming the right under the will of
Stephen Girard of admittance to said college by the rotation
of his application, being antecedent to the application of a boy
born in the old city proper, declaring his right equal to the boy
born in the last—mentioned locality. The honorable Supreme
Court of theState of Pennsylvania decided that the intent and
meaning of the will where the words “city of Philadelphia”
occur is only applicable to the old city, bounded by the Delaware
and Schuylkill rivers, and Vine and South streets; consequently
the said boy born in the county of Philadelphia had no birth
preference of admittance over any other boy born in the most
remote parts of this State. Therefore the legacy aforesaid, and
the laws enacted in consideration thereof, must strictly be con—
strued to apply only to the city bounded as above, and not apply
to any other part of the county of Philadelphia or State of
Pennsylvania.

DANGEROUS PRECEDENT, IF TRUE.

If the Constitution of the State of Pennsylvania does not pro-
hibit the State Legislature from entering into contracts, or has
delegated such power to the said body, it is establishing a very
dangerous precedent. Any powerful moneyed railroad or other
corporation could, by immense sums of money and other influ—
ences, prevent any additional new street, road, or avenue crossing
their road, track, or estate, probably extending in some cases
from the eastern to the western, and from the southern to the

24

northern lines of the State. At the time of the passage (March
24th, 1832) of the act of Assembly, the matter of opening of
streets through the grounds of the Girard College was left
entirely optional with the Select and Common Councils of the.
city of Philadelphia. The mode of proceeding would have been
thus, viz. :—Councils would request the said directors to pass a
resolution of recommendation for the opening of streets through
the grounds of the college, and transmit the same to Councils;
Councils would direct the said opening of streets by ordinance.
The board of directors at that date were elected by and were
subject to removal at the pleasure of said Councils. Therefore,
the directors could not refuse the request of said Councils; if so,
the Councils could dissolve the said board and elect other direc—
tors that would carry out and not oppose the action of said
Councils; consequently the power of opening streets through the
said grounds was entirely with the Select and Common Councils.
The operation of the same law at this time gives the entire
control of the opening of streets through the said grounds with
the Board of City Trusts, as there is no power in Councils to
compel the said Board of City Trusts to pass a recommendatory
resolution favoring said opening, the said Board of City Trusts
being now appointed by the courts; and Councils cannot act
without a recommendation for the said opening of streets originat-
ing in the said Board of City Trusts. And if the alleged contract
is sustained by the honorable court, the action of said body is
supreme. The only relief in this matter the citizens of Philadel-
phia can obtain will be to call on the constituted authorities of
the State of Pennsylvania, and insist upon the passage of an act
to repeal the said act (June 13th, 1869) creating the said Board of
City Trusts, and again place in power the legal elected representa—
tives of the people according to the Will of the great benefactor.

 

Anne & Jerome Fisher
FINE ARTS LIBRARY

University of Pennsylvania

 

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