8 P8 REPLY THE COMMISSIONERS FOR THE ERECTION OF THE PUBLIC BUILDINGS T(l TIIK I!K()li;.ST 01' HON. SAMUEL G. KING, .Mayor of Puiladelphia, ^TAIEMEXT OF THEIli OPERATIONS I)UR1N(; THE YEAR 1883, AND roil SUOII OTHKlt INFORMATION AS WILL BE OF INTEREST TO TIIK CITY OF PHILADELPHIA. TO WUICH IS ADDED COMMUNICATIONS FROM THE COMMISSIONERS TO COUNCILS. OPINION OF WILLIAM RAVVLE, u THE COMMON COUNCIL OF THE CITY OF jPHILADELPHIA. MAY 28, 179'J, \- TO TIIK UKillT OF THE flTY TO THE CKNTHE (PENN) SQUAltE, AND TO EKECT A BUILDINO FOR PUBLIC PURPOSES rPON THE INTEHSECTION OF liKOAD AND IIKill (MARKET) STREETS. l'lIlL.M)KLl>in .\: l'RIMi:i) Foi! TIIK coMMFSsioNi:!;-;. iss I. REPLY OK THE COMMISSIONERS FOR THE ERECTION OF THE PUBLIC BUILDINGS TO THE REQUEST OF HON. SAMUEL G. KING, Mayor of Philadelphia, STATEMENT OF THEIR OPERATIONS DURING THE YEAR 1883, AND FOR SUCH OTHER d INFORMATION AS WILL BE OF INTEREST TO THE CITY OF PHILADELPHIA. TO WHICH IS ADDED COMMUNICATIONS FROM THE COMMISSIONERS TO COUNCILS, OPINION OF WILLIAM RAWLE, TO THE COMMON COUNCIL OF THE CITY OF PHILADELPHIA, MAY 28, 1799, AS TO THE RIGHT OF THE CITY TO THE CENTRE (PENN) SQUARE, AND TO ERECT A BUILDING FOR PUBLIC PURPOSES UPON THE INTERSECTION OF BROAD AND HIGH (MARKET) STREETS. PHILADELPHIA: PRINTED FOR THE COMMISSIONERS. 1884. .2 ■:Ftn i ^^ REPLY THE COMMISSIONERS FOR THE ERECTION OF THE PUBLIC BUILDINGS TO THE KEQUEST OF HON. SAMUEL G. KING, Mayor of Philadelphia, STATEMENT OF THEIR OPERATIONS DURING THE YEAR 1883, ANT) FOR SUCH OTHER INFORMATION AS WILL BE OF INTEREST TO THE CITY OF PHILADELPHIA. Philadelphia, March 8, 1884. Hon. Samuel G. King, Mayor of Philadelphia. Dear Sir: — The Commissioners for the Erection of the Public Buildings, in response to your request for a statement of their operations for the year ending December 31, 1883, together with such information as will be of interest to the city of Phila- delphia, respectfully present the following reply : — The balance to the credit of the Commissioners on the 31st of December, 1882, was $24,522 76. There was appropriated for the year 1883, by the City Councils, $750,000, making a total applicable to the purposes of the Commissioners, during the year 1883, of $774,522 76. Of this there had been expended up to December 31, 1883, $744,886 45, leaving an unexpended balance carried to their credit for the present year (1884) of $29,636 31. There were, however, outstanding claims and demands against the Commission amounting to $457,224 30, including the very large balance due since December 31, 1879, to Messrs. Struthers & Sons, of $189,171 21, besides interest, all of which will have to be paid out of the appropriation made by ordinance ap- proved December 31, 1883, for the purposes of the Commis- sioners during the year 1884, as soon as it becomes available. During the past year the entire marble work on all the fronts and court-yard has been completed and is set in place, and the trestle-work and scaffolding has been entirely removed from the eastern and western fronts. The clock tower has been carried to a height of 118 feet above the street level, being as high as the trestle-work then erected would permit. This trestle-work is to be replaced by a new system of hoisting, operating from within the walls of the tower itself, and when completed will permit the entire removal of the only remaining ])()rtion of the original Irestling in front i>f the north centre pavilion. Sufficient marblcy dressed and in (lif rongli, has been ordererl and mostly delivered at the building and at the shops of the con- tractors to complete the (^lock tower to a height of 330 feet. The iron framings of all the roofs, except those for the north centre pavilion and wings, are in place ; and the whole of the roofs of the southern front, together with the south wings and curtains of the east and west fronts, have been covered with slate and Neuchatel mastic. All of the polished granite and dressed sandstone for the Conversation Hall of Councils has been set in place complete, and is arched over ready to receive the cast-iron pendentive dome, at the height of 90 feet above the floor line. The i)rincipal staircase of the south centre pavilion, 103 feet in height, is entirely finished ; and the flying stair of polished granite and sandstone, in the southeast corner pavilion, has been set in place, 100 feet in height, ready to receive the cast-iron dome and ceiling, which, when completed, will make the entire height of this stairway 118 feet above the level of the first floor. Part of the bronze balustrades and hand-rail for this stairway has been delivered, and it is hoped during the coming year that the whole of it will be set in place. The principal work proposed for execution during the year 1884 is to finish the roofs of the north centre pavilion and wings, which, with the exception of the dome of the clock tower, will complete the permanent covering of the entire build- ing ; to extend the marble and brick work of the clock tower 80 feet above its present height ; to construct the boiler-house beneath the northeast corner of the court-yard, for the use of the electric light and hydraulic elevator system ; to set the curb- ing and complete the sidewalks on the southern, eastern and western fronts. The records of the (Superintendent's office show tiic following materials and labor have been received and used in the building during the year ending December 31, 1883 : — 66,042.1" cubic feet of marble from Lee, Mass. 5,000 cubic feet of sandstone (Ohio). 8,750 cubic feet of granite, polished (Mass.). 713 tons 1595 pounds cast-iron door trimmings, cornices, ceilings, etc. 872 tons 1462 pounds rolled-iron beams and girders for floors and roofs. 7 tons 450 pounds wrought-iron clamps, tie rods, bolts and braces. 30,000 square feet of roofing slate, sawed and planed. 4,104,000 hard bricks. 18,000 pressed bricks. 2,500 white bricks. There have been used in the construction, from the commence- ment of the work to the 31st of December, 1883, the following materials : — 80,325 cubic feet of concrete foundations. 824,865 cubic feet of foundation stone from Conshohocken, Pa. 207,926 cubic feet of dressed granite from Concord, N. H., Blue Hill, Me., and Cape Ann, Mass. 670,472.3" cubic feet of marble from Lee, Mass. 111,141.8" cubic feet of buff and blue sandstone from Ohio. 3,192 cubic feet of sandstone from Hummelstown, Pa. 32,436 cubic feet of polished granite from the quarries on the Magaguadavic River, near St. George, N. B., and from Quincy and Cape Ann, Mass. 12,500 cubic feet of polished marble from Rutland, Vt., and Montgomery county. Pa. 60,800,850 hard bricks from Philadelphia. 227,520 pressed bricks from Philadelphia. 161,750 white bricks from Philadelphia. 149,988 enamelled bricks from Philadelphia. 3,279 tons 1086 pounds of rolled iron for floors and roofs. 97 tons 1674 pounds of wrought-iron clamps, ties and bolts. 1,879 tons 707 pounds of cast-iron door and window dressings, askewbacks, bricks, ceilings, cornices, plates and lintels, etc. 26,298 square feet of bond slate. 76,700 square feet of roofing slate, sawed and planed, and weighing 630 tons. Whole number of bricks of all kinds, 61,333,108. The excavations for the cellars and the foundations required the removal of 145,870 cubic yards of earth. There is submitted herewith a pamphlet containing the results of Tests of Material made by the Ordnance Department of the United States, at the request of the Commissioners, upon the testing machine at the Arsenal, Watertown, Mass., showing the most satisfactory results in establishing with accuracy the excel- lent quality of the material which enters into the main structural features of the building, and affording complete assurance of its stability. The entire amount appropriated by Councils to the Commissioners since 1872, when the first appropriation was made, to 1883, both years inclusive, is $8,241,609 88 No appropriation whatever was made for the year 1877 ; and no special tax has been levied since 1876 for the Public Buildings, — the ap- propriations for 1878 and the subsequent years having been made out of the general annual tax. To the appropriations thus made there should be added the amounts of special warrants issued by tlie Commissioners to William Struthers & Sons for bills under their contract for the marble and marble work of the exterior, in addition to bills under their contract which were paid out of the appropriations, ..... 1,519,515 24 Making a total of . .' . . . $9,761,125 12 And deducting from this the total amount of expenditures by the Commissioners up to the close of the year 1883, 9,731,488 81 Leaver the balance, as above stated, of . $29,636 31 9 The contract of Messrs. William Struthers & Sons for the marble and marble work of the exterior was for $5,300,000 00 They have been paid Qly^ per cent., . . 4,823,662 18 Leaving a balance of S-^^^-^ per cent, on the contract price^ due January 1, 1884, to wit, for the 10 per cent, retained under the contract ($91,738 55), and for material and work still to be furnished and performed under their con- tract ($384,699 27), $476,437 82 It is not to be overlooked that the amount expended by the Commissioners includes many items not properly chargeable to the construction of the buildings. The preparation of the ground for excavations involved the change of the gas pipes and of the two water mains of 20 and 30 inches in diameter from their course through the ceiitre of Broad Street to a circuit around the site of the buildings. The tracks of the West Philadelphia Passenger Railway were changed from the centre of Market Street and laid around the site ; and the freight railroad owned by the city, and which ran through Market Street, was entirely removed after it had ceased to be of nse in the transportation of materials for the buildings. These changes involved a heavy outlay, Avhich was charged to the Commissioners, and paid out of the appropriations to them. The Supreme CotU't of the State has had its attcominodations since January 1, 1877 (including the Prothonotary's office), on the first story of the south front, occupying all the rooms on the south side of the corridor west of the central pavilion. The Highway Department was opened for business in the new buildings December 10, 1878, occupying rooms on the first story of the eastern front, south of the central pavilion. The Survey De])artment removed July 1, 1879, to rooms north of the central pavilion, on the same floor and front with the H i g h w a y De [>a r t m e n ( . 10 The headquarters of the Division, and of the First Brigade of the National Guard of Pennsylvania, were provided with con- venient rooms in the basement story adjoining the Department of Markets and City Property, and on November 1, 1879, Major-General John F. Hartranft and Brigadier-General George R. Snowden, commanding the Division and Brigade, took pos- session of tlieir respective quarters. The following departments have also removed to rooms fitted up for their accommodation in the new buildings : — Boiler Inspectors, January 17, 1880. Board of Revision of Taxes, March 1, 1880. Markets and City Property, April 21, 1880. Receiver of Taxes, May 3, 1880. City Commissioners, March 4, 1882. City Controller, March 13, 1882. City Treasurer, March 20, 1882. Commissioners of Fairmount Park, March 18, 1882. The apartments thus occupied, with the exception of the two rooms for headquarters of the Division and First Brigade of the National Guard, have been fitted up and furnished out of the ap])ropriations made to the Commissioners, involving a large outlay, chargeable to furnishing and not to construction account. All the expenses of heating and lighting the portions of the buildings used for and in connection with the rooms occuj)ied by these several departments have been paid out of the appropria- tions to the Commissioners for the erection of the Public Build- ings. These expenses, which in the aggregate amount to a very considerable sum, are not properly chargeable to the construction or furnishing of the buildings. In June, 1879, by resolution of the Commissioners, the pas- sao-ewavs throug-h the buildino-s on the lines of Market and Broad Streets were directed to be kept open till a late hour at night, and these important thoroughfares have since that time 11 been kept well lighted, and the expense met out of the appro- priations to the Commissioners. The electric lights were intro- duced principally with a view of meeting this special necessity. The matter of an equitable adjustment and distribntion of the expenditures thus made out of the appropriations to the Com- missioners may be the subject of future consideration. In no sense can they be regarded as properly chargeable to the cost of the buildings or their furnishing. As stated in the communication of the undersigned, December 30, 1882, addressed to you in response to a verbal request for information desired for the Message which you were then pre- paring to send in to Councils at the beginning of the year, " The books of the Commissioners, which agree Avith those of the City Controller, and which are at all times open to your inspection, not only as ex officio a member of the Commission, but as chief magistrate of the city, will give the amounts of appropriations and expenditures to the utmost fraction." " The Commissioners' proceedings and the state of their finances and accounts are all matters of record, and any information which you may at any time desire will be cheerfully aiforded, with full explanation of details and opportunity to examine their books and papers." The above is respectfully referred to in conjunction with the frequent communications of the Commissioners to Councils, and the matter which has been printed from time to time for the in- formation of the public, to whom the meetings of the Commis- sioners and their committees have been open from a very early period in the existence of the body, as showing their desire and willingness to have the citizens of the Municipality accurately informed as to the facts relating to the administration of the trust confided to the Commission by the supreme power of the Com- monwealth. Respectfully submitted on behalf of the Commissioners. Samuel C. Perkins, President. COMMUNICATIONS THE COMMISSIONERS FOR THE ERECTION OF THE PUBLIC BUILDINGS COUNCILS OF PHILADELPHIA. 15 Philadelphia, Nomnbcr 21, 1878. To the Scleef and Common Councils of the City of Philadelphia. Gentlemen : — The Act of Assembly, approved August 5, 1870, to provide for the erection of the Public Buildings, en- joins that the " Commissioners shall make requisition on the Councils of said city, prior to the first day of December in each year, for the amount of money required by them for the pur- poses of the Commission for the succeeding year," and in ac- cordance with that enactment the Commissioners hereby make requisition on Councils for the sum of one million two hundred and sixty-five thousand dollars ($1,265,000), required for the pur- poses of the Commission for the year 1879. This amount cor- responds with that mentioned in a communication addressed by the undersigned to the City Controller under date of the 16th inst. The Commissioners respectfully represent that of the $600,000 a})propriated by the ordinance of March 23, 1878, the sum of $112,170 18 was at once paid out to the marble contractors in satisfaction of certificates or warrants for material and labor fur- nished and done under their contract during the year 1877. This was necessary to ciarry out the understanding upon which the special stipulation was made by these contractors not to exceed a certain limit in their amount to be claimed from the city during 1878 under their contract. With the limited amount at their disposal the (V)mmissi(mers have not been able to accomplish as much as would have been desirable. At the same time substantial progress has been made towards the completion of the work. IG The entiro sonllicni iVonl lias hccn c(tni|)l(4('(l fo the arclihravc course oi' the seeond story, inclusive, with the exception of a few stones, which, it is hoped, will be in place by the close of the year. The marble work on the eastern and western fronts has been well advanced, and in some places to a height equal to that of the southern front. On the northern front comparatively little has been accomplished, as the inability of the Commissioners, with the means at their disposal, to proceed with some necessary work on the northern entrance and vestibule, and the adjoining Council chambers, made it impracticable for the contractors to continue their scaffolding for work on that portion of the build- ing, even had the appropriation under the ordinance referred to allowed a larger expenditure for marble and marble work. The court-yard is complete to the frieze course of the second jirincipal story, inclusive, upon the southern side, and upon the eastern and western sides to an equal height as far round as to within a short distance of the angle at the jvniction with the northern side. The ceilings upon the eastern entrance and its adjacent stair- cases have been completed, and the flooring of the second story above has been finished with a view to the permanent construc- tion to such a degree as to aiford perfect protection to these ceil- ings ; and the same arrangement has been made in respect to the flooring over the ceiling of the western entrance, Avhich had theretofore been covered by a temporary wooden roofing. The staircases to the galleries of both Council chambers are now com- pleted and ceiled. Contracts were made upon very favorable terms for such por- tions of the interior stone work of the vestibule of the northern entrance, above the basement story, as required to be ready and in place at the l)eginning of next year. Six monolithic shafts of polished granite, 24 feet high and 2| in diameter, to rest with corresponding plinths and bases upon the pedestals already in position in the basement story, have been so far advanced in the polishing that they will be ready to deliver and set in place early in the spring. This, with the providing of the large compound 17 girders which are required for the Council chambers, will allow of sucli an advance in all the work upon the northern portion of the buildings as can, if the means are provided, insure the completion of the Council chambers during the coming year, together with the rooms intended for the Mayor and the offices connected with the executive branch of the municipality. A large amount of work and material has been put into the interior walls, and at every point the work of construction has been carried forward in the most advantageous manner to the extent that the funds would allow ; and the whole building is in such condition that it is confidently expected that it can, during the coming year, be completed in all the main structural features to the cornice of the second story, inclusive ; and, at the same time, the initiatory steps taken for the providing and erection of the permanent roof structure over a large portion, if not the whole, of the wings and curtains of the southern portion. This expectation, however, is based upon the appropriation by Coun- cils of the amount for which requisition is made as above. It will require for the furnishing, dressing and setting of the marble alone, which will be necessary for this purpose, a very large portion of the amount named, which by no means represents the sum Avhich could be judiciously and economically used in forwarding the buildings towards completion. The capacity of the quarries and the facilities of the marble contractors have by no means been employed to the full extent which they might have been had provision been made for a prompt and continuous furnishing of the necessary accessories, such as was contemplated by all parties when the contract was made, and with a confident reliance upon which the contractors undertook to complete their part of the contract in six years from its date, December 16, 1873, and made all the requisite preparations and investments in tools, machinery, etc. The ordinance recommended by the Finance Committee (Ap- pendix, Journal Common Council, No. 205) having been passed and approved, provision was thus made for payment of the 2 18 expense of" fitting up and furnishing rooms for the use of the Higliway Department; and this work has been very nearly completed, and the rooms will be ready for occupancy at or very soon after the beginning of December. It was found to be the truest economy to make a considerable portion of this work of a permanent structural character, which has been charged to the expenditure of material and labor of the general structure. Respectfully submitted on behalf of the Commission. Samuel C. Perkins, President. 19 Office of the Commissioners for the Erection of the Public Buildings. Philadelphia, October 7, 1879. To the Finance Committee of Councils : The requisition, dated September 24th, made upon Councils in obedience to the Act of Assembly, by the Commissioners, for the amount of money required for the purposes of the Commis- sion for 1880, having been referred by Councils to the Finance Committee, the Commission present the following statement : — The requisition is made obligatory upon the Commission by the express terms of the Act, and the decision of the Supreme Court has emphasized the duty entrusted to them. The Act of Assembly of August 5, 1870, establishing the Commission, and the decision of the Supreme Court in the Mandamus Case, are familiar, doubtless, to all the members of Councils, and need not here be referred to in detail. In no shai)e or way is it made the duty of the Commission to ])rovide the money for the execution of the trust committed to them ; and they have never ventured even a suggestion as to the matter. This would be an intrusion upon the province of Coun- (rils. The Commission have confined themselves to their own duties, as prescribed by the law-making power which created both bodies. At the same time, in considering the amount of money required for their purposes from year to year, the Com- mission have not l)een unmindful of the financial condition of the city. In the language of the Supreme Court : '' They have no private interest in the premises which are not in common Avitli otlier citizens." "In the public interest" they took the neces- sary measures to establish their rights under the law, but they have taken no step to enforce, by execution, the rights thus es- tablished. 20 In tu'oordanoe witli the expressed wish of C'ouneils that rooms sliould be fitted up for tlie accommodation of certain depart- ments, an expenditure has been made in tlie direction of the permanent structural portions of the building in the interior, to an extent not contemplated in the early part of the year, but which was rendered necessary by true economy, for the rooms required to be fitted up. The limited appropriation made by Councils, combined with the changes made necessary in the adapting a portion of the building to present occupation, re- stricted the Commissioners in reference to the action which they desired to have taken towards the placing of at least a large por- tion of the building under permanent roof. Had they been able, at the commencement of the present building season, to have made their contracts for the iron work of the permanent roof, they could have done so for, probably, at least half the building, and at a saving to the city of some $100,000 or more, owing to the great advance since in the price of all kinds of iron work. The amount for which the Commissioners made their requisi- tion for 1879 was based upon the estimates and calculations made the previous year in the course of the conferences between them- selves and the Finance Committee of Councils ; and it was then distinctly explained and understood that if the Commission could have $750,000 for 1878, and $1,250,000 for 1879, the building could be carried up to the cornice of the second story all round upon the exterior, and also upon the court-yard ; and the corridor and division walls of the interior, with all the neces- sary girders and beams for the principal permanent structure of the entire building, to that height, could be completed. This, however, did not take into consideration the fitting up of any portion of the building for temporary occupation. In January, 1877, a communication had been addressed to Councils by the Commissioners, stating their readiness, if necessary appro- priations were made, to fit up rooms temporarily for certain of the departments ; but, after full discussion and consideration of the subject, extending over several months. Councils failed to take final action, and dropped the matter. 21 In 1878 Councils made an appropriation of but $600,000, of which $112,170 18 was at once paid out to the marble con- tractors for amounts overdue them for work and material in 1877. The appropriation for 1879 was but $750,000, instead of $1,265,000, for which the Commissioners made requisition. Both the sums appropriated in 1878 and 1879 were fixed without any calculation or estimate of what could be accomplished by them towards the completion of the buildings ; and the provisions attached to the appropriations prevented the Commissioners from proceeding with the work in accordance with their maturely con- sidered plans for its harmonious, judicious, and economical carry- ing on towards final completion. The delays, embarrassments, and derangement of plans thus entailed, have been productive of detriment to the work, and loss to the city. The amount named in the requisition for the year 1880 was based upon estimates for completing the marble work on all the fronts and court-yard to the level of the principal cornice ; and on the southern front and the south half of the east and west fronts (exclusive of the centre pavilions)^ to complete the attic story so that the roof might be set in place over that portion of the building. It was also intended to complete and set in place the iron beams and girders for the fourth floor ; to complete the second story of the Conversation Hall in the tower, and to con- struct the principal staircase in the centre pavilion of the south- ern entrance to its full height; and also to finish ready for occupancy the Council Chambers and the rooms appurtenant thereto. By leaving out of the work thus intended a large part of the rooting, and of the iron beams and girders, — the finishing of the Council Chambers, — and a part of the interior finish for which dressed stone is required, — and also part of the marble work as contemplated, the estimate can be reduced to $749,750. The whole of the Mork intended to be accomplished by the sum for which the requisition has been made upon Councils could be, with very great advantage to the buildings, completed during the next year. If the financial condition of the ntv and the rate 22 of tax as fixed by Councils seems to render it expedient to defer some part of tlie work to a subsequent year, the Commission are willing; to modify their requisition so as to reduce it to the less sum named— $749,750. In making this modification, however, the Commission deem it proper to say that this is the lowest amount with which they can carry on the operations of their trust ; and that with this reduction, and in view of the great increase in the price of many of the heavy materials used in the construction, it will hardly be possible for them to continue the fitting up of additional rooms for occupancy by the departments ; nor can the}^, in view of the probable further increase in prices and the uncertainty as to the facilities for making their contracts, specify in what direction the construction of the buildings will be carried on. This nuist be determined by their best judgment, as the exigencies of the case from time to time shall indicate to be the most judicious course to pursue'. The Commissioners therefore respectfully, but firmly, — again calling special attention of Councils to the very clear and decided language of the Supreme Court in regard to the respective duties, jiowers and rights of the two bodies under the Act of Assembly creating the Commission, — feel constrained to insist that the sum to be appropriated for their purposes during the coming year shall not only be not less than the amount named in this connnunica- tion, but shall be appropriated without proviso, limitation or condition in any way as to the mode of its expenditure. This is the right of the Commission under the law; if they violate their trust, the law gives ample redress. If, after this statement, there shall arise a want of harmony and confusion in the administration of the municipal affairs, and possible inconvenience and hardship, the responsibility must rest where it properly belongs ; the Commissioners cannot feel that any part of it will rest upon them. That there may not continue any misapprehension in the minds 23 of the community arising from grossly false statements, which any examination of the public records conducted with the slightest pretence to a regard to the facts would have prevented, the Com- missioners annex hereto detailed statements of the appropriations to and the actual expenditures by them, and of the amounts specifically raised for the erection of the buildings. From these statements it appears that the Commission came into existence August 5, 1870, upon the approval by the Gov- ernor of the act creating the body ; that the first appropriation made to the Commission was by ordinance of April 6, 1872 ; that the total appropriation, from the beginning down to and including that for the present year, amounts to |5,326,609 88 ; that the total actual expenditures by the Commission, from the beginning down to December 30, 1879, inclusive, amount to $5,396,929 00 ; that there was on the latter date an unexpended balance of appropriations to the credit of the Commission amount- ing to $194,877 14; that the amount received into the city Treasury from the direct tax up to October 1, 1879, has been $3,328,618 16, and from the Commissioners, for rent of fence and sale of old materials, etc., up to the same date, has been $5194 86. By order of the Commissioners. fSAMUP:L C. Perkins, President. 24 Appropriations hy Councils to the Commissioners for the Erec- tion of the Public Buildings. 1872, April 6, 1872 (Orel. p. 120), Items 1 to 9 for 1870, 1871, $18,700 00 Items for 1872, . . . 258,750 00 $277,450 00 1872, Dec. 28 (Ord. p. 641), for 1873, 769,750 00 1873, May 12 (Ord. p. 201), for 1873 (proceeds Water Pipe), 1,209 88 770,959 88 1873, Dec. 20 (Ord. p. 618), for 1874, . . 1,457,450 00 1874, Oct. 26 (Ord. p. 314), warrants to amount of $500,000 of the $1,457,450 to be approved and paid from amount of general tax and pro- vided for out of special tax of 1875. 1874, Dec. 28 (Ord. p. 452), for 1875, . . 875,750 00 1875, Dec. 31 (Ord. p. 434), for 1876, . . 595,000 00 1876, May 13 (Ord. p. 108), Avarrants to amount of $500,000 of the appropriation to be paid out of general tax. No appi'opriations for 1877. 1878, March 23 (Ord. p. 56), for 1878, . . 600,000 00 1879, January 4 (Ord. p. 2), for 1879, . . 750,000 00 $5,326,609 88 Expenditures out of appropriations (see p. 27) . 5,131,732 74 Balance of appropriations unexpended September 30, 1879, . 194,877 14 25 Statement of Expenditures on warrants drawn against appro- priations by the Commissioners for the Erection of the Public Buildings, from August 5, 1870, the date of tlie Act creating the Commission, to September 30, 1879, inclusive. 1872. April, $37,326 58 October, $21,308 42 May, 10,178 17 November, 28,275 14 June, 4,951 38 December, 27,343 30 July, 9,574 01 August, 6,700 42 $156,026 17 September, 10,368 75 18 73. January, 113,537 84 August, $52,568 46 February, 6,760 37 September, 41,810 44 March, 5,231 22 October, 59,626 39 April, 3,738 88 November, 50,857 11 May, 19,444 04 December, 124,553 70 -T 1 1 n p 15 791 59 July, 44,321 41 18 74. $438,241 45 January, 114,184 67 August, $103,363 22 February, 27,369 76 September, 107,162 58 March, 11,181 09 October, 139,717 73 April, 45,428 32 November, 101,205 85 May, 46,425 23 December, 149,186 60 .1 11 1)/^ 79 199 84 July, 1 t/j J- *J O 183,301 00 18 75. $1,007,725 89 January, $131,739 82 August, $200,357 60 February, 54,396 26 September, 108,871 58 March, 48,135 79 October, 102,485 49 April, 66,031 81 November, 128,301 87 May, 99,014 65 December, 230,074 08 T 115 7«7 22 u UUc, July, X i.O,{ O i 116,229 06 $1,401,425 23 2(5 1876. January, 11,574 16 August, $88,557 89 February, .126,423 41 September, 75,616 83 March, 45,729 89 October, 83,879 27 April, 25,480 75 November, 82,563 50 May, 19,958 97 December, 62,366 97 June, July, 73,745 09 72,786 42 $758,683 15 1877. January, $35,368 12 August, $2,805 86 February, 16,040 98 September, 17,242 88 March, 6,627 86 October, 4,064 15 April, 7,225 31 November, 2,709 53 May, 7,579 15 December, 3,571 57 June, July, 28,125 81 14,831 76 $146,192 98 1878. January, $1,511 66 August, $52,935 76 February, 11,216 28 September, 60,150 08 March, 120,706 24 October, 59,190 85 April, 20,816 33 November, 50,398 13 May, 53,521 77 December, 68,782 07 June, 70,363 65 July, 73,569 90 $643,162 72 1879. January, $36,084 55 July, $96,136 3,S February, 29,186 11 August, 104,981 22 March, 30,679 87 September, 102,992 65 April, 41,567 73 May, 66,682 64 $580,275 15 June, 71,964 00 27 Summary 1872. Expended, 1873. u 1874. a 1875. (( 1876. i( 1877. a 1878. a 1879, to Sept. 30, Total amount expended out of appropriations, . Amount of special warrants paid to William Struthers & Sons, and collected by mandamus under the decision of the Court, Total amount expended to October 1, 1879, 1156,026 17 438,241 45 1,007,725 89 1,401,425 23 758,683 15 146,192 98 643,162 72 580,275 15 ;5,131,732 74 265,196 26 ),396,929 00 Amounts collected in each year from 1872, when the tax was first levied, to October 1, 1879, 07i account of direct tax for Public Buildings. Amount of Public Building Tax collected, 1872, $326,978 67 " 1873, 469,972 68 1874, 507,693 26 1875, 1,208,518 63 " 1876, 630,417 72 1877, 126,392 97 1878, 40,505 06 Oct. 1, 1879, 18,139 17 $3,328,618 16 The year 1876 was the last for which a direct tax was levied for the Public Buildings. The amounts; collected in the subse- quent years were arrears from former years. 28 Recei})ts from Puhlic Buil ing Commission, 1872, $875 00 a 1873, 1944 86 « 1875, 1000 00 (( 1877, 500 00 n 1878, 500 00 Oct. 1, 1879, 375 00 $6194 86 The whole amount received from Public Building Tax was placed to the credit of the Public Building Fund. The money received from the Commissioners for rent of fence, sale of old material, etc., went into the general fund of the city. 29 Philadelphia, September 24, 1879. To the Select and Common Councils of the City of Philadelphia : The Act of Assembly, approved August 5, 1870, to provide for the erection of the Public Buildings, enjoins that the " Com- missioners shall make requisition on the Councils of said City prior to the first day of December of each year, for the amount of money required by them for the purposes of the Commission for the succeeding year ; and said Councils shall levy a special tax sufficient to raise the amount so required." The Act of Assembly approved June 11, 1879 (Pamph. Laws, p. 130), makes it "the duty of the said Councils to levy and fix a tax rate on or before the first day of October in each and every year, for the year next ensuing." To prevent any possible misunderstanding, or ground for failure to provide " the amount of money required for the pur- poses of the Commission for the succeeding year," the Com- missioners hereby make requisition on Councils for the sum of $1,274,000, required for the purposes of the Commission for the year 1880. This amount corresponds with that mentioned in the communication addressed on behalf of the Commissioners to the City Controller, under date of July 12, 1879, and was spe- cifically set forth as one of the items of estimated expenses of the City for 1880, in the "detailed statement of the estimated receipts, expenditures and liabilities of every kind for the next fiscal year," furnished by that officer to Councils, in accordance with the requirements of the above-mentioned Act of 11th June, 1879. Very respectfully, Samuel C. Perkins, Prenident of CommisKioners. OPINION WILLIAM RAWLE. TO THE COMMON COUNCIL OF THE CITY OF PHILADELPHIA, 3Iay 2H, 1799. AS TO THE RJGHT OF THE CITY TO THE CENTKE (PENN) SQUARE, AND TO ERECT A BUILDING FOR PUBLIC PURPOSES UPON THE INTERSECTION OF BROAD AND HIGH (MARKET) STREETS. 33 OPINION FOR THE COMMON C^OUNCIL ON THE RIGH'J^ OE THE CTTY TO THE PUBLIC SQUARE AT THE JUNCTION OF STREETS FOR AN EN- GINE-HOUSE, Etc. Having been consulted by the Committee appointed to take the "opinion of counsel as to the right of the Corporation [of the City of Philadelphia] to apply any part of the Centre Public Square, or the conjunction of High and Broad Streets, as they are at present laid out, to the purpose of erecting an engine- house for the steam-engine," I have to regret that the shortness of the time, and the sudden removal of the public papers to 'Lancaster, will prevent my entering into as full an examination of the question as its importance requires. I have been favored with copies of the opinions of two eminent professional characters, Mr. Bradford, the late Attorney-General, and Mr. Wilcocks, the present Recorder, and I concur with both those learned gentlemen in the only point in which they seem to agree, viz., that the legal property of the public squares (except- ing as hereafter mentioned) is now vested in the Commonwealth. There seems no reason to doubt that William Penn intended to grant five lots of ground, within the limits of the city, foi* public purposes. But this conviction, at least as to the whole number, rests more upon tradition than upon what is properly legal evidence of any kind. A map or plan of the City of Philadelphia, published by Thomas Holmes, then Surveyor- General, is the oldest document generally referred to. In this plan five vacant squares are delineated, which are generally sup- posed to be those intended by the Proprietary for public accom- modation. It is proper to observe that, notwithstanding the authenticity and correctness generally ascribed to this draught, the Centre Square, as it has been laid out longer than the memory of any man living, lies 890 feet further westward than the place as- 3 34 signed to it hy Holmes. The siliuition of" the other squares is conformable to the plan. This plan, except some extracts inserted in a book of no authority, published by one John Reed, seems to have been generally considered as the whole of the existing evidence of the right to the squares in question. Mr. Proud, whose industry and ingenuity led me to hope that some further lights would be thrown on this subject, has added little to the stock of evidence. After quoting what had already been printed by Reed, as part of Holmes's description : " In the centre is a square of ten acres at each angle, to build houses for public affairs. There is also in each quarter of the city a square of eight acres, to be' for the like uses as Moor fields in London," he inserts from Oldmixon, who affirms that he had his information from William Penn himself, the following account : " In the centre is a square of ten acres for the state-house, market-house, school-house, and chief meeting-house of the Quakers. In each quarter a square of eight acres, for the like uses as Moor fields in London," etc. But the strongest piece of evidence which I have met with, applicable however to only one of the squares, seems to have escaped the attention of the two learned counsel. In the charter granted to the city by William Penn, which is supposed to have proceeded from the complaints of the inhabitants of the city (see 1st vol. Votes of Assembly, pp. 144 and 145), after grant- ing that all the vacant land within the bounds and limits of the city shall remain open, as a free common or pasture for the use of the inhabitants of the city, until the same shall be gradually taken in to build or improve thereon, he provides: "That noth- ing herein contained shall debar me or my heirs, in time to come, from fencing; in all the vacant lands that lie between the Centre Meeting-house and the Schuylkill, which I intend shall be divided from the lands allotted by me for Delaware side, by a strait line along the Broad Street from Edward Shippen's land, through the Centre Square by Daniel Pegg's land." This is a solemn recognition of the existence of a public square under that denomination, and it does not seem material whether its site was shifted further westward before or after, for, if the 35 Proprietary or his officers afterwards advanced the site further westward and sold that originally laid out, an equitable right to the substituted plot would unquestionably arise in lieu of the other. But it is understood that the alteration took place about the year 1684, and therefore the charter refers to the square now vacant in or near the centre of the city limits. It is remarkable that only this square is noticed in the charter, and, in the stipu- lations that the enclosing the westward part of the city shall not be deemed an encroachment as to the streets, no notice is taken of the two western squares. Nor are any of the squares men- tioned in the address of the Assembly to the Governor, a circum- stance which may however be accounted for on other grounds than a consciousness of the deficiency of right imputed by Mr. Bradford. Part of the Centre Square is now understood to be in posses- sion of a private person, in whose title is included a sheriff's sale in 1750, and the silence of the corporation has been con- strued into an acquiescence. If their acquiescence operates against them at all, it can only be for so much as was sold, and therefore it is unnecessary to discuss its effect at present. The patents which have been granted for lots lying in this square would throw additional light on the subject. If they call for the public square in express terms, they strengthen the evi- dence of the city's right. If they refer only to vacant ground, they would not weaken it. I have seen none of them, but think it might be useful to consult them. The questions put to me being confined to the Centre Square, I abstain from any inquiry into the rights of the city to the otlier lour squares. They are, perhaps, doubtful and obscure, and whenever they become a subject of judicial inquiry, will require a laborious investigation ; but in respect to the Centre S(i[uare, my impression is in favor of the equitable right of the city to employ it for |)urposes of public utility. But before closing the consideration of this point it may be proper to notice that, since the Commonwealth succeeded to the rights of the Proprietary family, no legislative act has supplied the deficiencies of the title to these squares. 36 By an Act of Assembly passed on the 28th March, 1780, the President of the Supreme Executive Council was authorized to sell so much of the lots and lands lying within the city of Philadelphia, belonging to the Commonwealth, as should be suffi- cient, w'ith part of Province Island, to redeem the emission of £100,000; and by an Act of 10th April, 1781, those sales were directed to be made with all convenient speed. Nothing in either of these acts can be construed into a recognition of the right of the city to either of the squares ; no part of the act authorizes the Executive to except them from the sales. But I am informed that, by the directions or with the approbation of the President, a square, equal in size to the N. W. square sold to Mr. Hamilton, and lying to the westward of it, was reserved and left unsold. On the S. W. side, the square originally intended, or believed to be intended, by William Penn for the use of the city, was sold by the President's directions ; and another square of equal di- mensions, lying to the westward of it, was reserved in like man- ner. So that the right of the city remains, since the Pevolution, on much the same foundation as that on which it stood before. That the benefit of these reservations, and the right to what remains of the other squares, may not be totally lost, I strongly recommend to the corporation an early application to the I^egis- Uiture, who, perhaps, may be willing to console us, in the shade of their absence, by an express grant of what it would be dis- honorable to withhold. The next consideration is the right to erect the ])roi)osed build- ing at the conjunction of High Street and Broad Street. The soil of the streets is now the legal property of the Com- monwealth ; the right of passage over them belongs to all persons alike ; the inhabitants of Philadelphia share it in common with all others. By the charter of incorporation, granted to the city by William Penn, it is expressly declared that the streets of the city shall forever continue as now laid out and regulated. Thus all power of contracting them, or interrupting the passage over them, is precluded, unless by the intervention of the Legislature, and even that intervention must be understood with necessary limitation. It has hitherto been sparingly exercised : to dig 37 wellsj fix pumps, erect lamp-posts, and carry out tlie market- house, is the general summary of the powers granted. But without the aid of the Legislature it is difficult to discover what greater right the corporation of the city has to erect a building, or make an enclosure in one of the streets, than a private indi- vidual. In relation to the State at large, the corporation is in this re- spect but as a private individual. It is true that a difference of motives may, in a moral point of view, distinguish between the acts of the private individual and the corporate body, but it has been held in the Supreme Court of this State that although the measure may tend to the benefit of the public, it will not render the encroachment on the public property less a nuisance. The law, adhering to general rules, sometimes assumes a char- acter of harshness, and in this instance, where the hope of saving the health and the lives of thousands has alone sug;g;ested the plan, we might feel an inclination to complain of its restraints if it did not remain in the power of the corporation, by erecting their buildings on some undisputed spot, to retain the benevolent part of the plan while they relinquish its ornaments. W. Rawi.e. 28th May, ]79it. LIBRARY OF CONGRESS 014 314 853 1 %