1874.] ^^y [Price, 



all future great wars. Every government must be sufficient unto its own 

 existence ; otherwise it must perish. 



The Supreme Court of the United States, in 1870, Justice Strong, who 

 had concurred as one of our Supreme Court in tlie opinion of 1866, de- 

 livering the judgment, also decided the vaHdity of the legal tender act. 

 (12 Wal. 457.) That Court held that Congress, besides tliose specified, 

 had express power to make laws necessary to carry into effect "all other 

 l^owers vested by this Constitution in the Government of the United 

 States ;" and say, "It was certainly intended to confer upon the Govern- 

 ment the power of self-preservation." (p. 533.) The impoi't of all the 

 Constitution is to be regarded in the ascertainment of the powers of the 

 Government ; and it certainly acquired the universal right of self-preser- 

 vation. It may not then by self-restrictions and abnegation destroy itself, 

 and thereby fail to fulfill the purpose intended by the American people, 

 and extinguish the fairest hopes of mankiad for republican libei'ty. 



In 1867 Justice Read delivered the opinion of the Supreme Court of 

 Pennsylvania, protective of our City's Water Supply, in restraining the 

 pollution of a tributary of the Wissahickon, in which several salutary 

 general priaciples were applied : No one has a right to foul a stream and 

 make it unfit for domestic use to those below : If the upper riparian 

 owner claims right by prescription he can only succeed for the extent of 

 pollution which existed twenty-one years before : The pref-eriptiou 

 requires the strictest proof, because it is against common right. The 

 opinion is learned and able. (54 St. R. 40. ) 



In the same year Justice Thompson and Justice Read wrote concurring 

 opinions, and the majority of the Supreme Court refused the strong 

 remedy of injunction to prevent the running of passenger cars on Sunday. 

 In this case Judge Read uses the language, " We have public squares and 

 a great public Park owned by our fellow citizens, and intended for their 

 benefit, and that of their wives and children. Clergymen, lawyers, 

 physicians, merchants, and even judges have six days in the week in 

 which they may enjoy all these and other advantages, and which they 

 may do cheajjly by means of the passenger railways. The laboring man, 

 the mechanic, the artizan, has but one day in which he can rest, can 

 dress himself and his family in their comfortable Sunday clothes, attend 

 church, and then take healthful exercise; but, by this injunction, his 

 carriage — the poor man's carriage, the passenger car, is taken away, and 

 is not permitted to run for his accooamodation. The laboring man and 

 his children are never allowed to see Fairmount Park, a part of his own 

 property." (54 St. R. 451.) 



In Jannary, 1871, the opinion of the Supreme Court was delivered by 

 Justice Read up Dn the act which authorized the Public Buildings to be ■ 

 erected on Penn Square. Holme's first plan of our City laid out a 

 Centre Square, and one in each of the four angles of the city : the 

 first for buildings of public character, the others to be for the like 

 uses as the Moorflelds in London. A history of the location and uses of 



