National Reports

ROMER, WALTER R. STOREY, SAM

NATIONAL REPORTS Philadelphia Stirred By Girard College Case By Walter R. Storey Philadelphia Girard College continues to be the focus of headline-making legal action here in behalf of and...

...to the hard-working, carefully planned campaign essential to ward off defeat in 1...
...The lack of excitement in the campaign gave the labor leaders a sense of over-confidence...
...No other issues of any consequence were developed, except for a vote by the liberal school board which overrode an administration recommendation for higher raises for principals than teachers...
...The off-year electoral turnout was light, but it was not much different from previous years, when the liberals had no trouble winning by comfortable majorities...
...The Board is largely independent, and the city exercises no direct control over it...
...hence, it should not be considered a state agency...
...NATIONAL REPORTS Philadelphia Stirred By Girard College Case By Walter R. Storey Philadelphia Girard College continues to be the focus of headline-making legal action here in behalf of and against integration of Negroes in educational facilities...
...This has been a sore point with the Negro community for years...
...The new Mayor is a vigorous, ambitious politician, and the Minneapolis Mayoralty—weak in power but effective in influence—is made to order for such a man...
...Will they show the motives of hatred against a race of people by trying to substitute a private trustee for the Board of City Trusts and thus destroy their vaunted claim that their case is not one of discrimination or prejudice...
...Constitution forbids a state to discriminate because of race, the college must eliminate all discrimination from its admission practices...
...Supreme Court, made two basic arguments: 1. The high tribunal reversed the state's highest court without allowing arguments to be heard on the merits of the case—a most unusual procedure in a case of such importance...
...Iloyer had given the city a kind of stolid, lusterless leadership since he succeeded Hubert Humphrey in 1949...
...As to the latter, Joseph P. Gaffney Sr., Board counsel, contends that it must tell the State Supreme Court that it is unable to carry out the terms of this much-debated will...
...Over 125 years ago, Stephen Girard, then the wealthiest man in the United States, made a will bequeathing most of his estate to an "orphan establishment" for poor, white, male youngsters...
...P. Kenneth Peterson, former Republican State Chairman, becomes Mayor...
...In rejecting the application for a rehearing, it announced its decision with one word, "Denied...
...Thus, unfortunately and ironically, the city founded by tolerant William Penn has been stirred by this debate and series of legal actions...
...no one buckled down to work until 10 days before election...
...He further claims that, where a trustee is unable to continue to act, the will does not fall nor does the trust...
...When Girard died, he provided in his will that the estate would be forfeited to the U.S...
...But this explanation is too pat...
...The only perpetual trustee then available was the city, but it was logical for Girard to choose that agency, since it had been fulfilling that role for various testators since 1739...
...On the other hand, the Minneapolis city elections may alert the Democrats, as Eisenhower's victory in the oih did in 1(>52...
...Today the city, through the Board of City Trusts, acts as trustee for 90 charitable endeavors, including part of Benjamin Franklin's estate...
...Hoyer had had no trouble previously, despite his inability to spark any election fervor...
...Both the Philadelphia Orphans' Court and the Pennsylvania Supreme Court decided against Councilman Alexander, who is an outstanding leader of the Negro community...
...This ruling has not ended the bitter controversy, which has resulted in intense racial feeling throughout the metropolitan area and which involves differing opinions on fundamental concepts of legality in will-making and administration...
...Counsel for the Board of City Trusts, in applying for a rehearing by the U.S...
...A visible public reaction set in last summer when Cramond insisted on the appointment of a political nonentity to a school-board vacancy...
...Girard specified that this famous preparatory school be administered by "the Mayor, Aldermen and citizens of Philadelphia, their successors and assigns...
...What happened...
...On April 29, the U.S...
...Instead, the court in equity, the State Supreme Court, should appoint a new trustee...
...In announcing recently that he will fight to the bitter end any further efforts to bar Negro boys from the school, Councilman Alexander asked the civic and industrial leaders on the Board of City Trusts: "Will it be said that they will resort to the techniques of the most ignorant and reactionary race-hating elements in the South by applying to the Orphans' Court or our State Supreme Court in such delaying moves as 'interposition' and 'nullification' action...
...As a result, the campaign was run almost solely on the issue of "labor bossism...
...Most of the alumni of the school and members of the Board favor a private trustee so that Negroes can be excluded from Girard College...
...There are signs of a gathering storm —one was the decision by a local industrialist to keep his plant in operation despite a strike...
...Although the Minneapolis elections are nonpartisan, the liberals traditionally are as strongly Democratic as the conservatives are Republican...
...only five labor-endorsed City Councilmen were reelected, although apparently the Council's liberal majority will be preserved by Councilmen elected without labor support...
...The election results are certain to bring about a lot of head-scratching in Democratic headquarters...
...the 5-to-2 labor majority on the school board was overturned with a defeat for all three labor candidates...
...How deep public reaction to the Washington exposes is, and how long it will harm labor's political campaigns, is impossible to estimate...
...2. The Supreme Court misunderstands the true functions of the Board of City Trusts...
...Alexander points out that Girard College is about 350 boys short of capacity...
...every sign of Cramond's influence at City Hall from then on was magnified and exaggerated...
...What made this campaign different—at least when the votes were counted—was that the Washington hearings on labor corruption apparently had lent substance to "labor bossism" and labor-endorsed candidates paid the price...
...if it was used for any purpose other than that specified in his will...
...With Social Security, veterans' benefits and other welfare measures making it less necessary for white boys to be placed in the school, there are no comparable opportunities for poor Negro boys...
...A far-reaching implication of the second argument is that all city and state agencies administering wills may, as a result of this Supreme Court decision, have to abolish racial or other forms of discrimination in the multitude of estates they handle...
...Since 1884, when it was created by an act of the State Legislature, the Board of City Trusts has administered Girard's estate, which has grown to about $100 million...
...The issue of "labor bossism" was raised in earlier campaigns without effective results...
...Some Democratic strategists may seek to explain away the results by pointing to a weak slate and a concerted campaign carried on for several years by the powerful Minneapolis Star and Tribune against Walter Cramond, president of the Minneapolis Central Labor Union and a ranking political figure at City Hall...
...Supreme Court held that, since the Board of City Trusts is an agent of the Commonwealth of Pennsylvania and since the 14th Amendment to the U.S...
...At the same lime, there was no great elation among liberals with Mayor Eric Hoyer's election campaign...
...He served notice that 12 Negro boys would soon apply for admission...
...A few years ago, Councilman Raymond Pace Alexander instituted legal action to force the Board of City Trusts to admit two qualified Negro boys to Girard College...
...Liberal, Pro-Labor Men Hit in Minneapolis Vote By Sam Romer Minneapolis Liberal and pro-labor forces took a bad beating in the Minneapolis city elections...
...The counsel for the Board also contends that, if a man's will can be broken on the issue of racial bias, the original purposes of wills can be thwarted for other reasons by succeeding generations...

Vol. 40 • June 1957 • No. 26


 
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