Editorial for December 11, 2008 edition:

A cruel decision

Dear movers and shakers at the Fox Chase Cancer Center: Please do not despair and do not move away. With all due respect to jurisprudence, the Common Pleas Court judge who struck a blow to your plans to become bigger, better and more powerful in your quest to fight cancer was wrong — dead wrong — but his is not the last word.
In his ruling Tuesday that Robert Waln Ryerss’ 1895 will that gave Burholme Park to the city “for the use and enjoyment of the people for ever,” Judge John Herron of the Orphans Division should get some benefit of the doubt. If he was looking merely at the letter of the law, or in this case, the will, he was right to deny the cancer center’s bid to expand into the park. But judges, at least those who have compassionate hearts, have the discretion to balance the letter of the law with the spirit of the law.
Allowing FCCC to use a portion of the park to expand — and thus be better able to fight cancer — is the epitome of using the property for the “use and enjoyment” of the public. Wills can be broken when conditions warrant. Just ask the folks at Girard College or the Barnes Museum.
Hopefully, FCCC will appeal to Commonwealth Court, state Supreme Court and the U.S. Supreme Court, if necessary, and the appellate judges will show more of an affinity for human life than did Judge Herron in his ruling.
Judge Herron, your honor, please make a return trip to Fox Chase Cancer Center and spend a couple of hours with the patients whose time will be up sooner than it should. Look in the eyes of the poor souls who are dying of cancer and tell them that old trees and a piece of paper from 1895 are more important than their lives. After that, go find your soul. ••

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