Upper Dublin “firsts” and “worsts”
Upper Dublin was a party to what appears to be the first civil rights case in the United States.
Applying colonial era poor laws (Chapter DCXXXV of the Consolidated Laws (of Pennsylvania), Act for the Relief of the Poor, 1771, reenacted after the founding of the Commonwealth, those unable to pay taxes, such as the poll tax, could be removed to place where they had previously lived upon action of the Overseers of the Poor. Finding the legal process was not properly followed, Rachael Peters was permitted to stay in Germantown. Per Ancetry.com. she apparently stayed in Philadelphia (whether in Germantown after it became part of Philadelphia is not clear). Overseers of the Poor of the Township of) Upper Dublin vs. (Overseers of the Poor of the Township of) Germantown, 2 U.S. (2 Dallas) 213 (Pa. High Court of Errors and Appeals, April Term, 1793.14
Residence of Perhaps Least Celebrated Member of the Pennsylvania Convention that Ratified the United States Constitution -and Only Attendee From Upper Dublin
Quoting from the Official Biographies of the Members of the Pennsylvania Convention that ratified the United States Constitution, in Pennsylvania and the Federal Constitution, 1787-1788, ch. IX, W. H. Egle, M.D., Sketches of the Members of the Pennsylvania Convention (emphasis added):
MORRIS, JAMES, of Montgomery County, son of Joseph Morris, was born in 1753. His father was a son of Anthony Morris, who was fourth son of Anthony Morris, an only child of Anthony Morris, born at St. Dunstan’s, Stepney, London, August 23, 1654. In 1771, Joseph Morris, the father, bought a house and grist-mill, and ninety-four acres of land, on the now Morris Road and Butler Pike, in Upper Dublin township, Montgomery County, and located his son there. James Morris was elected to the General Assembly from Philadelphia County in 1782, and again in 1783. When the county of Montgomery was formed, he was commissioned one of its first justices of the peace, and judge of the Court of Common Pleas in 1785. He was a delegate to the Pennsylvania convention to ratify the federal constitution in 1787, and a member of the State constitutional convention of 1789-90. Under this latter instrument, Governor Mifflin appointed him register and recorder of the county, serving until March 5, 1799. He was chosen a presidential elector in 1792, and in 1793 commissioned a brigadier-general of the militia, having served in the military during and subsequent to the Revolution. He was on the Western Expedition of 1794. General Morris died the following year (1795), at the age of forty-two years.15
Upper Dublin was the subject of what appears to have been the first police brutality criminal proceeding in Pennsylvania.
Although the still-rural Upper Dublin had experienced spurts of criminal activity from time to time, Kean, A Brief History of Fort Washington, at p. 63 (“increase in thefts” at beginning of 20thcentury), the first noteworthy criminal proceeding became known in legal parlance as Commonwealth v. Trunk, 311 Pa. 555, 167 A. 333 (Pa. 1933). Upper Dublin’s police chief, justice of the peace, a county detective and an assistant district attorney were at first convicted, later acquitted, in what may likely have been the first allegedly racially motivated police brutality trial in the state, with the public packing the courtroom at every event.16
At the first jury trial Upper Dublin’s Police Chief Brooks Cassidy, its Justice of the Peace Squire Crane, a County detective (Trunk) and assistant district attorney Rinalducci were convicted of assaulting William Campbell, an African-American resident of Upper Dublin).17 Initially their convictions was upheld on appeal by the Superior Court in 1931. See Arrest Officials For Third Degree: Negro Claims Montgomery County Men Beat Him Badly, Reading Times (July 31, 1931); Prosecutor Held on Cruelty Charge, Phila. Inquirer, p.4 (July 31, 1931); Judge Knight is Witness At “Third Degree” Trial, Philadelphia Inquirer, Sept. 24, 1931, at p. 2.18
After the Superior Court affirmed the convictions (likely the first time in the United States there was an appellate decision affirming a conviction for police brutality), the Pennsylvania Supreme Court by unanimous opinion reversed and ordered a new trial for all defendants. At the retrial in 1934, the defendants were acquitted by a jury after a series of witnesses disputed Campbell’s testimony as to his injuries and witnesses testified to the defendants’ character. The Mercury (Pottstown), May 8, 1934, p.1; To Push Second Appeal in “Third Degree” Convictions, The Reporter, July 15, 1932, p.1 (contains most complete description of the facts).
Campbell was sentenced to three and one-half to seven years in county prison for an explosion that gave rise to his arrest. Sentence to County Prison, The Reporter, Feb. 9, 1934, p. 1; ‘Third Degree’ Case Closed by Courts, The Mercury, Aug. 19, 1934, p.1.
Upper Dublin has been divided into most Congressional and State House districts of any Pennsylvania (and perhaps any in the United States) municipality under 500,000 population-Congressional districts-two districts from 1990-2011 and four State House districts (2002-2011), then three (from 2011 to 2021), and two since then.19
The Upper Dublin School District was the last Montgomery County school district (and perhaps the last in Pennsylvania) to have an all-Black school, both students and staff, almost a decade after the US Supreme Court’s 1954 decision in Brown v. Board of Education.
The North Glenside Elementary School, with an all Black student body and staff, as discussed in more detail below, was closed in 1965,20 more than 80 years after Pennsylvania’s 1881 law barring racial segregation in public education.21 And, perhaps, as discussed below, it was the last school district to have a segregated grammar school while, at least for a short time in the 1930s, maintaining at the same time an integrated grammar school.
Upper Dublin has held the most voter referenda of all Montgomery County municipalities, including both statewide and municipal votes, highlighted by the following:
THE 1915 WOMEN’S SUFFRAGE VOTE
Notably, the first (and perhaps only) statewide campaign directed from Upper Dublin was in connection with the 1915 women’s suffrage referendum to amend the. Upper Dublin resident Wilmer Atkinson, residing at Cherry Lane Farm (now the School Administration Building), founded and chaired the Pennsylvania Men’s League for Women’s Suffrage.22 Atkinson, the publisher of the nationally circulated Farm Journal, detailed in his autobiography his role in the unsuccessful seven-month-long effort to secure passage of that referendum. Wilmer Atkinson: An Autobiography, pp. 349-355 (1920).
The 1915 statewide referendum on women’s suffrage lost no doubt due to male only voting. It lost both in Montgomery County (though narrowly) and statewide, primarily due to defeat in counties in the southeastern part of the state (with the anti-suffrage vote strongest in Philadelphia).23,24
MUNICIPAL-ONLY REFERENDA IN 1945 AND THEREAFTER25
The following referenda have been conducted in Upper Dublin for either township or school district issues:
(1.) 1945 To adopt First Class Township status, passed 629 to 492 (Bechtel Is Re-Elected in Montgomery County, Phila. Inquirer, Nov. 7, 1945, p. 14);26
(2.) 1953: To provide and maintain a suitable place for housing of engines, hose carts, and other apparatus for the extinguishment of fires Yes 818 No 376 (Fire House Proposal Wins In Upper Dublin, The Reporter, Nov. 4, 1953, p.1.)
(3.) 1954: To increase debt limit by $100,000 to pay for new firehouse, adopted 1,451 to 859. Loan Proposals Win County Districts: Upper Dublin Votes to Increase Township Debt by $100,000, Reporter, Nov. 3, 1954, p.3.
(4). 1963 To issue $400,000 bond to acquire Burn Brae Golf Club, also known as Burn Brae Recreational Center, from heirs of Henry Kneezel, per UD Ord 277 (adopted April 22, 1963, referendum held May 21, 1963) NEED VOTE-cannot find it on newspapers.com
(5.) 1972-To authorize a Home Rule Study Commission, approved 5094 to 799 (William Price, Voters OK Home Rule Studies, Phila. Inquirer, Nov. 9, 1972 (proposed per UD Ord 454).
1974-Rejection of home rule. A August 28,1974 report of the Upper Dublin Government Study Commission proposing adopting home rule charter, report cited at note 8- on p. 24 of Home Rule in Pennsylvania, Eleventh Edition/March 2020, Governor’s Center for Local Government Services (yes 2,940 to no 4,244), The Reporter, Nov. 11, 1974, p. 4) Interestingly, in the primary election in 1974, Upper Dublin voters approved a county home rule charter by a vote of 2,718 to 1,229, Reporter, Maty 22, 1974, p. 2, while the county as a whole rejected that proposal. There was at that time no attempt to explain the disparity in outcomes, although the very rapid growth in Upper Dublin and attendant controversies involving new real estate developments may well have played a role.
(7.) Three votes for funding open space acquisition, in 1996, 2006 and 2008:
a.1966 for $500,000 borrowing approved, 4254 to 895, (Robert P. Ewing & Robert J. Salgado, Shafer Outpolls Rival, 2-to-1, Schweiker Beats Searle Easily, Phila. Inquirer, Nov. 9, 1966, p. 9; Shafer & Shapp Endorse $500,000 Referendum for Open Dublin Open Space, noting that Francis Ballard, Upper Dublin resident spearheading the Upper Dublin Citizens Association for Open Space, stated that the township had only 120 acres of open space, while neighboring communities were acquiring more, and that federal state and county matching funds would provide $1.33 for every $1 Upper Dublin expended for this purpose;
b. 2006 $30 million borrowing for acquisition of open space approved, 6,121 to 3,244, Philadelphia Inquirer, Nov. 9, 2006, p. B07; “In 2006, voters in Upper Dublin Township, Montgomery County approved a $30 million financing for open space acquisition, the largest such township measure to date.” Public Finance for Open Space: A Guide for Pennsylvania’s Municipalities, at p. 3 (Heritage Conservancy 2008). See obit for Irene Bany Magaziner, Chestnut Hill Local, May 3, 2018, crediting her initiative in securing its approval). “In 2006, voters in Upper Dublin Township, Montgomery County approved a $30 million financing for open space acquisition, the largest such township measure to date.” Public Finance for Open Space: A Guide for Pennsylvania’s Municipalities, at p. 3 (Heritage Conservancy 2008).
c. In 2008 there was a second vote (to correct an error in advertising the 2006 referendum) for the $30,000,000 fund. Passed by 67% to 33%, LandVote2008, Mid-Atlantic Region (Trust for Public Land and Land Trust Alliance). That $30 million approval continues to be the highest amount authorized for open space funding in any municipal referendum conducted in this region at least through early 2024. Delaware Valley Regional Planning Commission, Local Open Space Funding Programs 2022/2023 (Spring) Election Update (listing referenda votes and amounts approved to date).
The open space referendum included a ten-year term on use of the $30 million. At the expiration of the ten-year term only $7 million had been expended. Upper Dublin debates adding tax increase referendum to aid with open space initiatives, NOW.com, May 23, 2024.
Nonetheless, as a result of these actions, together with prior decisions creating spaces throughout the township, Upper Dublin has the second most municipally-protected open space among Montgomery County municipalities and the highest percentage of open space among any densely populated municipality in the county. Upper Dublin Township Open Space Plan (Sept. 2023), at p. 23. Ultimately, less than a third of the $30 million was spent due to the lack of potential acquisitions. CITE
In 2024 Upper Dublin commissioners considered the need to raise additional funds designated solely for acquiring open space. At first they approved a referendum to be held in the 2024 general election to increase the earned income tax by 0.1%, noting that voters in two nearby townships, Whitemarsh and Whitpain, had approved 0.25% increases for that purpose. Id. However, after further consideration, the 5-to-2 majority that approved the referendum was reversed. EIT Increase Referendum Voted Down by Upper Dublin, NOW.com, undated, 2024.
(8.) In 1978 Upper Dublin held an advisory referendum the commissioners posted a question on gun control: “Should Pennsylvania give municipalities authority to regulate sale and use of handguns?”. Gun control referendums overwhelmingly approved, Daily Intelligencer, at p. 2 (Nov. 3, 1976) (vote of 4,707 in favor to 2,474 opposed) (proposed by Upper Dublin Commissioner Richard Magaziner, husband of Bany Magaziner referenced above).27
(9). In 1989 Upper Dublin voters authorized issuance of licenses to conduct small games of chance (passed 2269 to 2132). (this was a question presented in each municipality pursuant to state law). Phila. Inquirer, May 18, 1989, p. 147.
In 1990 a referendum was held to authorize construction of a library to be located on Camp Hill Rd.-(defeated 4285 to 3458). Christine Donato, Voters turn page on library, p. 99 (Phila. Inquirer, Nov. 8, 1990)
In March 2007, after a heated campaign in which School Board President Michael Paston and other board members aggressively campaigned for construction of a new high school building to replace the original building (with additions) constructed in the 1950s, Upper Dublin voters approved $110 million financing for construction of new high school building (passed 4,275 to 2,562). Dan Hardy, New High School for U. Dublin, Phila. Inquirer, March 22, 2007, p. B03. Unusually, the then superintendent of the district authored a letter urging a vote in that referendum. Michael Pladus, Phila. Inquirer, March 19, 2007, p. B02.
Presentations by the two of the principals involved in the referendum, the School Board’s solicitors and the those who planned the construction detailed the behind-the-scenes effort to surmount the numerous legal and political hurdles in the so far uniquely successful path to secure voter approval. Wade Coleman and Mike Paston, Act 1 Discussion: Debt Act Referendum-Upper Dublin’s Experience, slideplayer.com/slide/8105940/ ppt download (undated); Kenneth A. Roos and Amy Brooks, The Upper Dublin Debt Act Referendum: “A Series of Fortunate Events,” Pennsylvania School Boards Ass’n, Summer Workshop (2007) (describing the school board’s public relations strategy in the slides appearing at pp. 35-39); and Upper Dublin Builds New School in Unique Fashion, Construction EquipmentGuide.com (Northeast Edition), May 11, 2010 (detailing process by which original building was expanded and how the new building was constructed within budget).
As of that time it was the only successful Act 1 referendum, approving the borrowing requiring a tax increase, in Pennsylvania since that legislation was adopted in 2006.28 In the 2025 primary, neighboring Abington School District won narrow voter approval of a $285 million bond to finance construction of a new middle school for Abington and Rockledge students. Maddie Hanna, Abington voters said yes to a $285 million middle school, in what may be the largest ever Pa. school referendum. Phila. Inquirer, May 21,2025.
MOST SWIMMING CLUBS PER CAPITA
Upper Dublin has six public and private swimming clubs and pools, the most in any Montgomery County municipality and, by far, the most per capita in the county. See Appendix.
MOST HOUSES OF WORSHIP PER CAPITA
Upper Dublin has the highest density of houses of worship per capita in Montgomery County with more than twenty-five congregations. A listing of the houses of worship appears in the Appendix.
ONLY AREA HORTICULTURAL EDUCATION FOR WOMEN
Upper Dublin had the only degree-granting horticultural school for women in Pennsylvania, the Pennsylvania School of Horticulture for Women,29 until the National Farm School, a once Jewish school near Doylestown, now Delaware Valley University, founded in the same era and first admitting only men, started admitting women to its horticultural program in the late 1960s. WIKIPEDIA entry for Delaware Valley University.
FOR A TIME UPPER DUBLIN WAS ENTERTAINMENT CENTER OF THE PHILADELPHIA SUBURBS
For more than a decade the Temple University Music Festival (1968-1982), brought nationally recognized entertainers to Temple’s Ambler campus for summer outdoor concerts. The festival was ultimately discontinued due to traffic concerns and financial issues. Donna Shaw, Trying to Bring the Music Back by Popular Demand, Phila. Inquirer, Sept. 1, 1983, at N02 (noting that the Bolshoi Ballet, the Pittsburgh Symphony, Benny Goodman, Ella Fitzgerald, Judy Collins and Peter Seeger had been among featured performers). Another source adds to that list of entertainers: Bill Cosby, at the height of his fame, Arlo Guthrie, Preservation Hall Jazz Band and Duke Ellington, The Electric Light Orchestra, Dizzy Gillespie, Sha Na Na and other notable performers as appearing. OAITW June 11, 1973 Temple University-Ambler, PA (posted August 11, 2011). .30
More recently, there have been smaller entertainment events on the site held under township auspices with movies shown at Mondauk Commons.
THE MOST PROFESSIONAL CONSULTANT STUDIES INVOLVING A PENNSYLVANIA MUNICIPALITY OF ITS SIZE
Upper Dublin, with the assistance of the Delaware Valley Planning Commission, the Montgomery County Planning Commission, the Commonwealth of Pennsylvania, Temple University and others has, so far as can be determined more professional studies, such as the development of the Dresher Triangle, and the various issues involving flooding and traffic flowing in and out of Fort Washington Office Center and its environs, than any similar sized municipality. In Pennsylvania and, quite possibly, the United States.
UPPER DUBLIN APPEARS TO BE THE ONLY PENNSYLVANIA MUNICIPALITY TO HAVE ENTERED INTO A JOINT PURCHASING CONTRACT WITH AN OUT-OF-COUNTY MUNICIPALITY
Pennsylvania law encourages municipalities to engage in a joint purchasing consortium. Upper Dublin has long done so within the county, but joint purchasing with a municipality outside the county appears to be unique. In July 2024 Northampton Township Board of Commissioners entered into a joint purchasing agreement with Upper Dublin for roadway micro surfacing with Upper Dublin. See Northampton Township July 24,2024 Minutes.
THE MOST ELECTED MEMBERS OF TOWNSHIP COMMISSIONERS, SCHOOL BOARD, CONGRESS AND STATE HOUSE FOR A PENNSYLVANIA COMMUNITY OF ITS SIZE
Last, but not least, Upper Dublin has experienced a large turnover of elected officials, and, for its population size, the greatest turnover of any Pennsylvania municipality. See appendix for names of these officeholders.
Some of this upheaval has been mandated by changes mandated by referendum and state law in the classification of the township and the school district. Some has been caused by voters supporting write-in campaigns, some by changes in political allegiances, anger at decisions regarding school buildings, development decision-making or closed meetings and, on a state legislative level, by reapportionment, gerrymandering and, over the decades, a shift in voter partisan preferences. With a few exceptions, as noted in the introduction and elsewhere, the turnover has led to a public uncertain of who represents them in local and state government, spurts of apathy, followed by intense controversy.
While there have been several with longer tenure (as noted below), two with short tenure in the Legislature, Vincent Hughes (served for nine years while representing a district that stretched from West Philadelphia to Upper Dublin) had substantial impact during his lengthy tenure as Democratic chair of the State Senate Appropriations Committee and, despite his short tenure representing part of Upper Dublin, Josh Shapiro for his early ascent to deputy Speaker of the Pennsylvania House. The turnover has meant, with few exceptions, little seniority in any legislative body.