" LANCASTER DAILY liNTELLlGENCER WEDNESDAY, JULY 27, 1881 uuud&iu iutcihgcnccc. WEDNESDAY EVENING, JUfjY 27, 1881, The Salary Urak. Judges Pearseu and Hendersen, for whose court the neenle of this state have a deservedly high opinion, amply i sustain Attorney General Palmer in his construction et the law regulating the silary of the members of the legislature 'and the attempt of that body te make the state pay its members $10 a day for the fifty extra days, te which they drag out its sessions by neglect of business and the unnecessary frequency of ad ad jeurnments, and the brevity of sessions. The members take their pay for seven days of the week and work en an aver age about three. The court, which the present legisla ture chose as the tribunal for the deter mination of this question, decides squarely against it, with the right of the members te appeal, of course, of which they will doubtless avail them selves. Judges Pearson and Hender Hender eon's opinion is se lucid that it needs no comment. It depended entirely upon the definition put upon the word salary, and they approve that of the attorney general and the books ; as well as the spirit.ef the well established legil prin ciple that representative bodies ought net te have the power te increase the salaries of their members. Fer te drag out a session te the extra length of 50 days, at 10 a day, is a hardly less de cent way te vote themselves extra pay than by a direct grab. The public will be glad of the opinion, because it is in accord with their sense of right; and they will respect it, besides, because of the very respectable authority from which it emanates. The Patriot, which has unsparingly denounced the at torney general and the state treasurer for their course in this matter says : '' This decision does net determine the right of a mere ministerial efiicer te take the law in his own hands, as State Treas urer Butlcrdid, nor does it put the seal of approval, en the attempt of the attor ney general te disperse the Legislature by threatening the members with less of pay. These questions were net at issue in the case before the court." Very true, they were net ; but se far as they came within the cognizance of the court the state officials were unreservedly sus tained ; and hew better they could have done their duty than they did, or what less they could have done, if the law is with thein, only the keepers of Harris burg bearding houses can possibly ex plain. Leeking te the appeal te the .supreme court, the Patriot indulges in the assur ance: "One thing is certain, the su preme court is above the reach of the clamor of demagogues." We hope it is, but we cau assure the Patriot that our supreme court , iu the estimation of the people, is net a hit higher above the reach of any improper influences than the court of Dauphin county. Ner will the public be convinced te the contrary by the reversal of Judges Pearson and Hendersen, especially should it happen by the new famous " four judges," who, though they comprise a majority in numbers, de net make up the preponder ance in weight. Hkxkv SiiArK.VER has long been a familiar figure with the Democracy of Lancaster county. Like the late "Wil liam Dung:iii,of Eden, and David lleuck, of Clay, Samuel Leng, of West Lampe ter, Gee. Duchnian,ef Eafet Earl, Eman uel Si Keener, of Penn, Gee. W. Worm Werm ley, of East Denegal, Henry M. Wellcr, of Silver Springs, Jehn L. Lightner, of Leacock, and many ether geed men and true in the ranks of the veterans, Mr. Shaffner was one of these of whom our opponents .say that they always knew when they are iu town that there is a Democratic convention or committee meeting. Nothing has been mere admi rable in the Democracy of this county, and nothing has mere frequently excit ed the wonder of its opponents than the courage and persistency with which men like these have adhered te its fortunes and maintained its organiza tion amid all changes of political fortune, unselfishly and unflinchingly. There is a class .of middle-aged men in the party who aic taking their places, and a geed stock of younger ones coming en, but the services of these who connect the Democratic contests under Hancock with thdse of Buchanan, Polk, and even Jacksen, are net te be forgotten, and as they pass from earth te Oic Great Be yond, the parly here ewes it te them te pay tribute te their memory as geed cit izens and patriots. That clumsy and expensive institu tion which is popularly known as the state agricultural college, located in splendid buildings, en a big farm some where up in Centre county, and richly endowed by the state, new proposes te recruit its depleted ranks of students, by offering a free scholarship te one boy in each senatorial district in the state that is, free tuition. There is nothing in this offer te induce anybody te hunt a chance te avail himself of it. Free tuition is net hard te find. It is almost the rule in Pennsylvania institutions of higher learning, and scholarships of that sort are readily te be ha'd by any needy or as piring boy. Such will net likely want te co te an institution which has such a painful, if net shameful history as this state college of ours. It has been a great outrage that all this expenditure has brought no better results. Far better had it been distributed among the really meritorious colleges of the slate, who, with a mere tithe of its resources, have done ten times as much geed work, and who offer as geed terms and much better inducements te young men te enter their halls. It seems te be a well-founded report that dynamite machines, infernal explo sives packed with infernal intent, have been found concealed in barrels of cement, shipped from this country en British vessels, carrying cargoes and passengers regardless of nationality; also that the mysterious destruction of the English vessel Dettrel, can be traced te the explosion of torpedoes made te imitate lumps, of. coal and smuggled into t i the fuel pile as such. These devellish modes of warfare or rather of .inhuman massacre can only de the Irish cause harm and awaken the resentment of the civilized- world, except Wen dell Phillips. It may be that J. O 'Donevan Reasa has no complicity in these villainous schemes te destroy inno cent people ; including American tour ists en the high seas, but the fact that he has advocated such thing3 in his United Irishman entitles him and his paper te utter disrepute and popular condemna tion. America offers a refuge te exiled patriots, but net for assassins and incen diaries. The Philadelphia Press concludes a column, double-leaded, spasm with the sage prophecy that with a geed ticket the Republicans will carry Pennsylvania this fall. "If" MINOR TOPICS. Ouu exchauges are still assassinating General Jacksen. The United States Senate has live ' pairs." When Washington inspiration takes a hand " flushes" will held geed. Guiteau denies that he expressed sor row at the president's relapse, and says he still hopes Garfield will die. Dn Aesew has destroyed another ven erated tradition. He says : " Caudidly, I don't believe there is a particle of malaria about the White Heuse." The Chinese have a Masonic society in New Yerk. Cen Suite, a member, died last week and was buried with the honors of the order, somewhat colcstial celcstial ized. If report be true, one of the most reli able preventives of dissolution is a bullet iu the liver, and it is reassuring, for the death rate cannot be large iu this country. The assertion of the Atlantic City Times, that bathing costumes there are " unusually modest " is calculated te exercises a very deleterious iufluence upon the prospective business of that resort. Tiieue will be a meeting of the State Democratic cemmittee at Bolten's hotel, Ilarrisburg, at 12 M. en Wednesday, Aug. 10, te determine upon a time and place for holding the next state convention. A full attendance of the members of the com mittee is requested in the call of Chairman Dill. Having denied that infernal machines were found en beard of steamers from America, Euglish papers new censure our authorities for net haviug ferreted out the culprits. These foreign journals are ob viously in error. Had no crime been com mitted, our astute Degberries would have had somebody puuished for it ere this. Piiii.oseriucAi.Titusvillc craM : " We believe that almost every man, strapped down by conventional ties, often feels a vagabond desire rising within his breast, and often wishes he could fellow the cir cus, the traveling show, or Francis Murphy, or become a stage drive or a tramp." Wuen the Chinese are expelled from the United States they will have a place of refuge comparatively close at hand. Se far from declaring that the Chinese must go, the Spanish government proclaims that they must come. They are wanted in Cuba, where they will be provided for under arrangement made with the Chi nese authorities. North American The gentleman who entered the bank this morning, glancing furtively about, was net a suspicious character, but a re putable citizen conveying a vial of .rain water for deposit in the vaults as an heir , loom. Te generations te come this will be net less a precious memento of ances tral forethought than an object of anti quarian veneration. The attitude of the United States to ward England during the present agitation in Ireland is commented upon by the press in many parts of the kingdom in a mere healthy tone than heretofore. Most of the papers agrce in expressing the belief that England can rely ou the geed faith of America in endeavoring te prevent a renewal of and avert the attempts by con spirators against the British govern ment. " Inquirer" asks, " Why net Unignts of Damen, as of Pythias ?" We cheerfully illumine the Cimmerian darkness of this young person's understanding. The Knights of Pythias and the Nights of Dam'in' are closely associated. The ledge of the Iatter opens seen after the former closes. In strict confidence : The em blem of the order is a latch key ; the pass word " hicjaeel. '' At the portals you say "hie!"' iu a peculiar manner known te the initiated. Upen entering the ledge chamber, the master says: "Wkere have you becu till this time of night?" Te this you reply with, " jacet." Further exposition of the mysteries we dare net make ; and, indeed, subsequent proceed ings vary in the different ledges. r -"P PEBbONAlj. Prof. Wm. B. Hall and lamily left to day for Leng Branch. Mr Tibbles, the advocate of the Penca Indians, takes his client in marrying "Bright Eyes." Hen. William P. Owen, a prominent citizen and capitalist of Halifax county, Va., is dead, aged 68 years. O' Donevan Ressa publishes a letter in New Yerk denying sending infernal ma chines te Europe. Miss M. Cameren, Mr. Jehn Smaline and Miss Smaline, of this city, are at Bed ford. Dr. Hammend thinks the president has one chance in -nine of getting well. He docs net think the case has been properly treated. S. W. Shadle, Esq., of the Lancaster Bar, left Lancaster yesterday for his old home in Lewistown, Mifflin ceunty, where he will spend the heated term. Benjamin F. Bard, of the firm of Metz gcr, Bard & Houghman, left Lancaster yesterday for a week's sojourn in the Cum berland Valley. Rev. D. H. Geissingbr. 'of New Yerk. late of this city, has published a book en- titled "Lessens in the Life of Christ," for Sunday school and home instruction. J. L. Metzger and family and H. C. Eichler and family -left Lancaster te-day for Atlantic city where they will remain for a fortnight or mere. Rev. Dr: J. Y. Mitchell, pastor of the Presbyterian church, starts te-day te spend his month of vacation partly at the Upper Jer3ey coast seaside resorts and thence he gees te Saratoga. Rev. Dr. E. V. Gewiart, president of the Reformed theological seminary here, and his wife, are summering among the peach orchards around Wyoming, Del., but he reports "no peaches." Geerge Payn Quackenbe3, LL.D., of New Yerk city, the eminent educational author and instructor, died suddenly en Sunday last at New Londen, N. II., where he had been sojourning for a brief time. Rev. B. L. Agnew, D. D., of Philadel phia, and Rev. Orr Lawsen, of Oxford, are among the names mentioned for the succession te the presidency of Washington and- Jeffersen college, vacated by Dr. Geerge P. Hayes. Rev. Dr. Tjies. G. Apple, president of Franklin and Marshall college, has been taking a vacation trip up through the oil region, and writes charming letters te the. Messenger of his rovisitatien of boyhood scenes in Crawford county, Pa. Vice-President Arthur remained iu New Yerk yesterday. A friend of Mr. Arthur said the latter had net been re quested te go te Washington, and that it was his opinion that the president would recover. The Grand Army encampment at Gettys burg, accompanied by the Wcccacoe Le Le geon band, of Philadelphia, paid .their re spects te the widow of the late General Geerge G. Meade at Gettysburg springs and tendered her a serenade, which was gracefully acknowledged. An address spoken en the occasion of the funeral of Mrs. Elizabeth Gerhard, wife of Rev. William T. Gerhard, June 28th, 1881 in the First Reformed church of Lancas ter, Pa., by her pastor, Rev. J. A. Peters is piiblishcd at the request of her family in the Reformed Church Messenger. LATEST NEWS BY MAIL. Blance Floras, the Mexican murderer, was killed near Yuma, Cal., while trying te escape. Simen Sullivan, a New" Yerk laborer. aged 50 years, committed suicide with Paris green. Lena Borders and Jeff. Woetcu murder ed Alfred Borders, husband of the woman, near urawiera, miss, au were negrees. Lightniug burned the summer residence efT. H. Swcetzer, at Greenland, N. II. The severest storm for years raged there. Henry Kalbow, of Chicago, was drown ed in the Auxplains river, near Lvens. Illiueis. A barn at Geshen. N. Y., was burned by lightning with 100 tens of hay, grain. etc. Less, $10,000. The Adams estate farm builditursat Newfield, Me., were struck by lightniug and destroyed. Less, .$10,000. Nathan Nichelson, colored.- drank car belic acid for whisky, at Baltimore, and died. An unknown man was killed bv the cars near Kinkora, en the Ambey division of tue rcnnsylvania railroad. At Woodbury, Teuu.. oue AVilseu killed his father iu-law. and Lewis Bremer killed Jehu Page with a butcher knife. Harry, seu of Gen. II. L. Abbet. U. S. A., was killed at Wilten, N. II. by falling from a lead of hay upon a stake of the wagon. At Chicago yesterday " Little Brown Jug " attempted te be 2:12 for a spe cial purse, but only succeeded in making 2:13. Deputy Sheriff Cornelius went te arrest Henry Cele, a negre, at Edwards, Bliss,, aud in the melee that followed shot Cele dead. The body of Veu Wc3', from Waterbury Conn., has been found near Santa Fe, N. M., murdered by two traveling compan ions. At Muir, Mich., the house of Alenzo Derrick was burned, aud three children, aged 11, 8 and 5 years, perished in the flames. In a ten mile horseback race at Lcadville, Cel., Minnie Pinuce, of Greeley, Cel., de feated Miss Curtis, or Topeka, Kansas, who fainted en the eighth mile. William Reddeu, a news agent, aged 24 years, was fatally injured by a passing train while asleep en his box at Matawan, New Jersey. E. R. Bates, aged 50 years, was killed by the cars at Natick, Massachusetts, en Monday, while he was looking for a place te start business as an under taker. James O'Denucll, a morocco shaver, ageadu years, cucci at Wilmington, Del., from the effects of an ovcrdeso of lauda num, of which he partook after attending a fire. An accident en the Richmond and Alle gheny railroad near Bent Creek, Va., caused the fatal wounding of three colored laborers and the injury of the engineer, conductor and ethers. A telegram from Angela, United States minister te China, announces a ratification of the two treaties between the United States and China, which were exchanged at Pckiu July 19. Tsu Soen Kee, au attache of the Chinese Embassy in Washington, says that the Chinese students about 100 iu number, just recalled from American schools, will be educated in England, France and Ger many. The fire which destroyed the furniture works of Haynes, Spencer & Ce., Rich mend, Ind., destroyed a revolving desk which President Garfield had ordered for his private use, but the furniture for tne uathelic cathedral of New Yerk was saved. The rear of the precession at Dean Stan ley's funeral included deputations from the American educational aid v association aud the American Exchange in Europe. Among the Americans present were Gen Clinten B. Fisk and W. E. Dedge, who received Dean Stanley en his visit te New Yerk. Neither Cardinal Manning nor Cardinal Newmau was present at the funeral, as has been stated. They were unable te attend. The Decline of the Senate. New l'erk Sun. The Republicans lest three of their ablest men in the Senate when Conkling Blaine aud Carpenter were removed from that scene. The Democrats were eauallv unfortunate in losing Thurman, Eaten, McDonald, and ethers of a lesser degree who had attained prominence and useful ness. As a body, the Senate has fallen from its former high estate, and no longer enjoys the confidence that the country once reposed it it. The purchase of seats almost in open market, by rich aspirants for political fame ; the constant accession of the agents, attorneys, or creatures of great corporations ; and the presence of notorious jobbers in legislation, have con tributed te a decline, which is getting worse instead of better. LEGISLATIVE FAT. ? 4 THE OPINION OS THE EXTRA SALARY- CASK. Oadces Pearson Mad Henaersea Decide that the Act of May 11, 1874, la Uncon stitutional and Void, and Leg islators are net Entitled te Per Diem Fay. , ' ; The Commonwealth of Pennsylvania ex relatiene Charles S. Wolfe vs. Samuel Butler, state treasurer. 103, August Term, 1881. Writ of Mandamus. Ap plication for a Peremptory Mandamus and Answer Thereto. By the court : The pleadings in this case raise a single question. Is the plaintiff, as a member of the Legislature of Penn sylvania, entitled te receive out of the treasury of the state the sum of five hun dred dollars in addition te the salary, mileage, etc., already paid him for his services during the session of 1881 ? That depends en the constitutionality of the first section of the act of the 11th of May, 1874, making compensation te the mem bers of the general assembly iu these werds: " That the compensation of mem bers of the general assembly shall be ene thousand dollars for each regular and each adjourned annual session, net exceeding one hundred days ; and ten dollars per diem for time necessarily spent after the expiration of tne hundred days : Provided, however, that such time shall net exceed fifty days at any one session." Mileage is also provided for, and also adjourned or special sessions at the same rate per day. It is conceded that the session of the Leg islature of which the plaintiff was a mem ber in attendance, continued for ene hun dred and fifty eight days, terminating' en the 0th day of June, 1881. The prevision of the constitution under which this law was enacted is iu these words as found in sectieu eight of the second article: "The members of the General Assembly shall receive such salary and mileage for regular and special ses sions as shall be fixed by law, and no ether compensation whatever, whether for service upon committce or otherwise. Ne member of either Heuso shall, during he term ter wnicn no may nave ucen electee:, receive any increase of salary or mileage under any law passed during such term." One main question te be determined is what was meant by the words " salary as shall be fixed by law ?" Was it intended te give a salary as generally known and understood, oraper diem compensation? or was it intended te give both, a salary and daily pay? Was it te be a fixed lumped sum during one hundred days aud com pensation at the same rate per diem for the next fifty days, or net exceeding that time? In construing a constitution courts are perhaps net beuud down te the form of words used as in a private article of agree ment, or even an act of Assembly. It is a form of government ; must be expounded liberally te effect the general object ; must be studied in the light of ordinary lau lau guage and the construction placed upon it by the people. 4 P. F. Smith, 2C0. 2Gi. 3 Sergt &Rawle, 09. A constitution is made net particularly for the iuspectieu of law yers, but for the million, that they may judge of their rights and duties. Words are net te be used in their technical sense, but are te have their plain, popular and natural meaning. The state is euly bound by their natural mcauing. Gibsen, Ch. J., (5 W. & Sergt., 114. New what is the plain and natural mcauiug of the word " salary ?" It is a word with which the world the mass of the people have be come very familiar. We need net leek into dictionaries te study its meaning Net even into law dictionaries te sce hew it has been held by the legal profession. It gives us but little light te. knew that the word was derived Irein the word " salt " a necessary of life, in which the wages of the Reman soldier was paid ; or from "sala," a hall, or the rent of a hall or " sala." Hew is it understood by the mass of the peeple in this country at the present ? by the English speaking people of the United States in the latter part of the nineteenth century ? Webster defines it te be the recompense, or consideration stipulated te be paid te a person for ser- J vices, usually a fixed sum by the year, or for a shorter period. Richardson defines it in nearly the same language : Services done at certain times or periods. " Wages " usually applied te servants ; salaries te superiors. Worcester says : " An annual or periodical payment for services a stipulated periodical recom pense." Tomlin in his law dictionary defines it, "A recompense, a consideratieu made te, a person for his pains or industry in another man's business." Bunnell, L. D., "An annual compensation for services ren dered, a fixed sum te be paid by the year." Bouvier, L. D., says, "A reward or recom pense for services performed. It is usual ly applied te the reward paid te public officers for the performance of official du ties. If we wish te arrive at what was actual ly mcaut by the frainers of our present constitution ey tne section cited, we can gain much information by looking into the registry of their proceedings. Iu vol vel vol ume 1, page 500, we find the section intro duced by a committee substantially as adopted. This was voted as an amend ment ta ene in different language. All of the arguments show that the object was te have a fixed salary for the session. An effort was made te amend by strikiug out "salary" and inserting "compensation." This was rejected en the ground that a fixed salary for the session was desirable aud intended. Again, when the matter was brought up as finally inserted, the preposition te substitute "compensation" as in the former constitutions of 1700 and that of 1838 was proposed, it was again rejected by a vete of the convention. See vel. 7, page 313. This was net the mere reasoning of a few members, but the sol emn vote of the body. The reason given was that daily pay prolonged the sessions. A legitimate source of reasoning is found in the change from the former language and the inconvenience felt under it in paying by the day te the salary as adopted. -The Legislature, of 1874 appear in 'enact ing the statute, te have get as far as possible from the language of the con stitutien, in using the word "cempensa tien" instead of "salary," and net only fixing a certain sum of $1,000 for tbe huu dred days, but also a per diem allowance for the residue of the time spent. There was certainly no authority te fix en two distinct modes of payment under the clause iu the constitution. We are well aware of the fact that the constitution, as framed, is of no avail until voted en by the peeple and they may view it in ene sense whilst these who framed it intended it in another, but there is no reason te suppose that tbe same words wcre intended differently, and te reach the true intent of the instrument is te adhere te the words at nearly as prao prae ticable, unless it should cause great incon venience, or introduce an absurdity. We must net be tee literal in our construction, lest we conflict with the maxim, quihaerct in titlera haeret in certice, but in the pros pres ent case we consider the latter the wisest course, and least likely te lead te evil or in- uuuvemeuce. in construing u cuuoi.nu cuuei.nu cuuoi.nu tien we may, with propriety, leek into a former instrument of the same general character te see the changes made, and from them judge of what was intended. In deubtfnl cases we may with propriety ex amine the debates te see what was actu all intended, and into the history of what led te the alteration. The people leek into the words used te collect the meaning. 13 Michigan, 147, 8, te 166. The different modes of compensating was considered in Indiana. " It may be fees te sheriffs and certain officers. Wages te laborers ; sal- aries te certain ether officers, or persons in otberaituatiens. 10 Indiana 85-0. Again in l;tel0fBtate.R.,.p. 617-18. " Salary," ipmnisatien te ak officer for a fixed time, e? it faaje.be the time of service or amount ttcrebt rendered. ' All of these cases draw -the 'cfiitimjMen between fees, wages and salary. Fewjiersens would in the present age confound the three as all meaning the same thing, yet they might all come under the word "compensation" as used by the Legislature, but could net by any possi bility under the word "salary " as used bv r-the convention, which carefully avoided and rejected the word "compensation." It fellows, as we conceive, that se much of the act of 1874. as fixes-a salary for the session of the Legislature is constitutional ; that which cives a p?r dim compensation iu ad ditien is unconstitutional. The Legislature might have declared that the session should net exceed one huudred and fifty days, but the salary must be fixed, aud whether the session lasted twenty days or ene hundred and fifty, the salary must be paid. The time and amount wcre both discretionary, but it could net be salary aud daily pay also, en a sliding scale, a salary alone was provided for in the con stitution. If that had net been declared, the Legislature would have had au un limited mode of payment, as under the former constitutions, by the word "com pensation." By the change of language it is very manifest that a different method of payment was intended, and the object of the change was clearly te avoid a pro longation of the session, or any temptation thereto. A' question has been raised as te wheth er the courts cau declare an act of assem bly void iu part as violated by the consti tution, aud valid for the residue Of that power we have no. doubt. Seme previsions may be geed, ethers bad, valid under seme state of facts, as vielative of the rights of individuals, geed against ethers different ly situated. This.act of 1874 is constitu tional se far as it gives a fixed sum for the session whether by the name of "sal ary " or by another name : but it cauuet give both the compensation by the session, and by the day, or by the day alone. We are well aware of the legal principle that the Legislature can de everything consistent with our general frame of government net prohibited by the constitution, and that its power must be liberally construed, whilst the .consti tution of the United States must receive a strict'1' construction. Congress can de nothing but what is authorized by express words or necessary implication, but can the legislature entirely depart from the. whele scepe aud meaning of the constitu tion? A system is pointed out 'in that instrument. Can tlie Legislature in stead of allowing a salary fix daily pay ? That conflicts with the intention and is se far void. We are all well aware that it is only iu a clear case that the courts can declare an act of Assembly unconstitutional. It can not be "declared unconstitutional unless shown te be clearly se. Se decided from 3 Sergt. & Rawle 09, down te 7 Norris 40. This in various words See 4 Barr 123, 5 Harris 118, 9 Harris 161, Idem 200, 2 Cas ey 287, 300, 2 Smith 174, 1 Smith 200, 2G1, 14 Wright 150, 10 Smith 104, down te 7 Norris 40. A host of ether cases might be cited te the same effect- The power aud the 'duty " te de se declare has never been doubted in any case excepting one by Judge Gibsen, iu Eakmau Raub, 12. S and R.. 350, which he afterwards entirely re pudiated and lamented having given. The majority of the' court differed with him entirely. We are aware that in con stitutional questions great weight is te be gived te cotemperaueous construction by the Legislature, aud that the statue relied en iy tue planum was enacted in leil, and has been practiced under ever since, as is said, without question. It is very true that its validity has never been judicially questioned, but it was greatly doubted and denied by Attorney General Lear in a very able opinion presented te us, but in some way the controversy was dropped and never brought before the judiciary, and perhaps uet presented te the state treasur er. It is doubted iu the argument whether the court can, with propriety, leek iute the debates of the convention te ascertain the meaning ami intention of the convention, but it has been done en several occasions by the supreme judges of the United States, and by these of our court at au early day, and even as late as one case iu 0. W. N. of cases, 211, in 1880. We are, therefore, clearly of opinion that se much of the act of the 11th of May, 1874, already cited, as pretends te give daily pay, in addition te a fixed sum, te members of the Legislature, is unconsti tutional and void. It would be unlawful for the state treasurer te pay it ; this court cannot enforce pay mouthy mandamus, and the same must be refused, We leave out of view every question of policy or ex pediency. These are questions for the Legislature alone, evcrwhich the judiciary has no control, and no right or disposi tion te, pass judgement. Jehn J. Pearson, R. M. Hendersen, Judges. STATE ITEMfa. Michael Gregan, of Ashley, was killed in Hartferd mines by a fall of coal. Eleven tens of geld bullion, valued at ever 5,000,000, wcre received at the Phil adelphia mint ou Monday. Overton Carr, of Frankliu county, sent te Kirkbride for mental derangement, get held of a razor aud slashed his threat from, car te ear. ' ' Afireiu Erie destroyed the chair fac tory of Hiueman & Cheney, aud the cheese factory of R. Jenes, causing a less of about $40, 000. Four cotton itfrcstf links, wdighing live tens each, are being forged at Pittsburgh. They go te New Orleans, and are the first ever forged in Pittsburgh. It. W. Ki$Ie, a prominent citizen of Wayue county, and proprietor of the Kiple heuse. at Jlenesdale, was found dead in bed yesterday morning. He is supposed te have died of heart disease. Twe Scranton men went out te test a new fowling piece, and oue received a full charge of shot in the face, putting out one eye and doing ether damage. The gunner says he feels " very sorry. " Ne doubt. Alexander Jacksen, Aaren Hill and Al bert Leng, circus (attaches, ,were arrested in Harrisburg, lasVevcmng, as accessories te a hemicide committed during a fight at Pittston, a few days age. They will be taken te Pittston te-day. A pleasure beat contain ing four persons capsized en the Susquehanna river, at Nanticekc en Monday evening, and Mr P. Carney 'was frowned. Maggie Mc Clain was drowned by falling out of a row beat at Pittston en Monday. Mr. Ress, of Pittsburgh, is a temperance agitator and a member of the temperance union, befere which body a lecturer is te be invited te speak next Sunday. Plans for raising money te compensate the lecturer were under discussion. Mr. Ress came forward with the unique and eqonemic preposition that the man be brought en and then if he asked for pay " shove the Sunday law at him." Mr. Ress has mistaken his vocation. He has the elements of a first-class Virginia poli tician of the Mahone breed. Enough te Causa a Relapse. Interview with Garfield's secretary : "Seme verses that appeared in a country were read' te him last week and m-eatlv I affected him.?' LOCAL INTELLIGENCE. MT. JOY. Death of Henry Shaffner. Henry Shaffner is dead. He had been sick for some time, and during the last few days the news of his death was momen tarily expected. Disease stele upon him gradually, cufeebling a once strong consti tution of fine physique, aud at G o'clock en Tuesday evening death calmly ended bis life at his residence ou East Main street, this borough. At Manhciin, Lancaster county, he was born in March, 1S12, being iu his 70th year. He was a healthy and vigorous child of a lamuy of seven brothers and sisters. At that time there wcre few, if any, educa tional advantages. Before he reached bis majority he had mastered the trade of J a locksmith which he shortly afterwards followed at Columbia, then at Huntingdon. Frem the latter place he returned te his native place and carried en the business en his own responsibility. In '43 or '49 he came te this town and embarked iu the lumber trade. In this business he was en gaged for several years, and becoming pro prietor of the Exchange hotel he conducted that well-kuewn hestlery for seme time. He afterwards became a member of the firm of Greider, Frank & Ce., malsters, which business he quitted about eight years age ; since then he led a retired life. In politics he was a strong Democrat. He was several times a candidate for state representative and ether positions. By President Polk he was appointed postmas ter at Manheim. Besides representing the Lancaster county Democracy at Erie, when Pershing received the nomination for governor, he was at different times president at the county conventions and served for many years faithfully en the county committce. He was a staunch and untiring advocate of Democracy, sincere in what he advocated and has never played with the weapons of the demagogue. He had been burgess of Mt. Jey and a mem ber of councils aud was in alt local affairs regardless of party spirit, a liberal minded and progressive citizen. By his death Mount Jey lest oue of her mest prominent citizens, always foremost in the ranks of improvement. His less will be keenly felt, for thore are many who, in times of distress, were made happy by his generosity. He leaves two sons, Geerge of Mount Jey, and Henry of Mil Mil eon Greve, and was twice married. Round trip tickets from this city te Manheim.and return, en the day of Mr. Shaffuer's funeral, will be sold at 45 cents. The train will leave King r.treet depot at 12:45. The funeral will be held at 1 p. m., Friday; burial at Manhcini, where he has a handseme vault in the cemetery. He was a member of several secret organizations among them the Knights Templar, and Ledge Ne. 43, of Lancaster, and Odd Fellows Iodsre Ne. 277 of Mount Jey. He will be buried with the Knights Templar ritual. He was also a member of the Friendship fire company of Mount Jey. He held a policy for $10,000 in the New Yerk Life insurance company. The l.oreugh Budget. James Moency is repainting and repapcr ing his saloon. About forty young ladies and gentlemen left for Wild Cat Falls this morning, te spend the day picnicing. Laura, a four-year-old daughter of Wil liam Moenoy. died of diphtheria en Mon day night. Interment this (Wednesday) afternoon. The Evaugelical Sunday-school held their annual picnic at Detwciler's greve yesterday. , What everybody new wants is a geed soaking rain. Nature everywhere is pre maturely losing its greenness. High clouds have hung ever us and by their ap pearance premised rain. But in the end they disappointed us, aud in disappoint ing us actually yielded a few drops te re mind us that they had net forgotten us in our distress. Jehn H. Moenoy is handling the tickets here for Clark & Schmidt's Atlantic City excursion en the 18th. It comes at an op portune time and people of all classes will likely take advantage of its chances for their holidays. TWO TKUK11IL.K ACCIDENTS. Occurring In Neighboring; Counties. At Ilavcrferd, en the P. R. R., yester day, Miss Annie Rutter, a young lady from Philadelphia, visituigin that neigh borhood, with her elder sister ran across the railroad track te beard a train en which they were going te Morien. A con struction train came up without being ob served until close' en them, when the elder sister jumped back and the younger ene was struck bv the engine aud thrown be tween the two trains, killing her almost instantly. It is said that the engineer of the construction train violated orders in coming up with his train while the passen ger train was at the station, and that he gave no signal of his approach until upon the unfortunate lady, when he gave a shrill whistle from the engine, which, it is thought, only confused the victim of the disaster. The accident at Jenes' ere mines, in Caernarvon township, Berks county, re sulted from the regular neon-day blast, set off just befere 12 o'clock, se that the car car leaders may have a stock ou band prepar atory te sending the cars up the inclined plane after dinner. When the word was given, all hands hastened te a place of supposed "safety. Jehn Kutz, aged 19; James Patteu, aged 22 ; Peter McCormick and Christian Kutz, a brother te the first named, took shelter beneath a gangway made of slabs, partly covered with old railroad tics, behind a small embankment. The blast was fired, when, all of a sudden, a lump of ere weighing about 50 pounds, shot 75 yards into the air, and came dashing ever the bank, strik ing en ene of the heavy slabs, when it burst into four pieces like a bomb shell, with the abeve result. Christian Kutz, who escaped unhurt, immediately gave the alarm, when all hands hastened te the place of the dead and dying. The young Patten, having been struck en the head by the deadly missile, expired almost instautly. He bled profusely and the brain oozed from the top of the head. Yeung Kutz, who was struck en the left side of the abdomen, lived about fifteen minutes, while McCormick, who was ser iously injured in the region of the stomach is still living, but faint hopes are enter tained for his recovery. Robbing a freight Tralu. Yesterday morning tbe foreman of di vision Ne. 3D, P. It. R., found a case of patent money drawers and a large box of hardware along the line of the Pennsylva nia railroad, near Mill Creek water station. The boxes were about sixty feet from the track and both were broken open, show ing that seme ene was after plunder and was disappointed. They are consigned te Philadelphia. Ne clue te the thieves. Police Vases. Alderman McConemy had befere him this morning ene case of drunken and dis orderly conduct. The offender was dis charged en payment of the usual costs. The complaints of assault and . battery, made by Jehn Stein .against tw.e boys named Shaub,were heard before Alderman Barr last evening and the complaints were dismissed. Valse Alarm. There was an alarm of firelast evening about 9 o'clock, and several of the fire en gines and hese carriages ran through the streets in search of a fire but couldn't find one. LOCAL CORRESPONDENCE. THE NEWS FROM THE COUNTY. M.WTOWN MATTERS. The Village Set Upen a Hill. Messrs. Johnsten, Carpeuter and Lib hart, spent a day fishing in the Susque hanna, catching 38 line black bass. Samuel Pence lest a valuable bav mare by lung fever en Sunday night, this being the third or fourth he has lest by the same disease. A friend who has lately visited Lebanon county, informs us that all tramps caught en the reads are arrested, have a ball and chain attached te them aud put te work. We commend such measures te the people of this county as a means of ridding our selves of an intolerable nuisance. Heffman & Ilo'iseal, tobacco packers of this place, have packed 1000 cases, andif it can be procured, will run it up te 1500. Their tobacco is of superior length aud quality; and said te be among the finest iu the county. MAKII3TT .NEW.S. Iiiuliten s .in.l Acclileiit of tlie Neighbor hood. Prof. M. J. Brecht, principal of the sol diers' orphans' school of Mount Jey, and wife are visitiug friends in Marietta. Rev. Jeseph Nissley and wife from Hummolstewu, who have been visiting Jo Je seph L. Brandt, their son-in-law, have re turned home. Bishop Jehn Mallou is superintending the rebuilding of the A. M. E. church, which is nearly completed. Riug pitching is ene of the amusements en Sunday afternoon in the high school yard. The trustees of Zieu's church are having the graveyard around the church cleared of briar.s and weeds, a much needed im provement. The archers were out in full ferce last evening aud did geed sheeting. D r. Geerge Casscl is the champion. A young man named Simmons caught a wall-eyed salmon in the Susquehanna river weigh'uig live pounds. Jehn .Hcuch. cattle feeder for Jacob Mumma, East Denegal township, was feed ing a let of cows when ene of the number become enraged and gored him in the side. His wounds though painful are net serious. Net long age aud uet many miles from Marietta a colored preacher declared in the pulpit that Geerge Washington com manded tlie sun te stand still. A brether in the congregation, who tried te switch him en the right track, said, "Yeu mean Jeshua." The preacher replied, "All the same, you knew." CAP UATHKRINUS. IntelUseitCv? from Down the Kemi. The festival held for the benefit of the Gap M. E. church iu Pcnu Monument hall Saturday evening last was a graud success. It wasnttcitded by the largest mass of peo ple ever witnessed iu the Gap "by the eldest inhabitants. " It was conducted by the geed management of the ladies of the Gap. Their clear profit was about ene hundred dollars, and would have been that much mere had they net run out of eatables. Ice cream, cakes and everything else was sold out about ten o'clock. After the festival was ever some rowdies had a drunken brawl and disgraced the place with their hideous yells. Mr. Jeseph C. Walker, grain and lum ber merchant of this place, erected last week in the licllcviie graveyard a very line granite monument in memory of his de ceased son, Jes. C. Walker. Alse. Mr. Winfield S. Kennedy has erected in Bollo Bello Bolle vne graveyard a line marble monument in memory of his deceased wife. During these last' few weeks quite a number of visitors have arrived at the Gap te spend the summer mouths and breathe the cool aud refreshing breezes of the Gap hills. Among them are Dr. San ders, with wile and friends from St. Leuis, Me., who arc spending the het months at the doctor's magnificent residence en the heights between Kiuzers and the Gap ; Hen. Jehn B. Livingstone and wife, of Lancaster ; Mr. Isaac Stauffer and family from New Orleans, La., and many ethers. BART ITEMS. In and Around Ueorgeletru. 15eu. Fritz has lest his favurite trotter " Rolling Pin." Te use Ben's expression, " Old Rolling Pin" rolled ever, stuck out his pins and pegged out. Mr. T. Palmer, one of the energetic merchants iu our village, is about te erect another tobacco shed, ou his premises, te be 30 by 40 feet. Mr. Palmer is becoming an important faction in the tobacco raising community hereabouts, aud is net afraid te build aud prepare his ground for the crop. Dry weather is "knocking the spots" out of the tobacco crop. The early planted is sheeting te seed ;lt a very small growth and will net make a profitable yield. A geed rain will yet make fair tobacco of the later started ; the complaints about the ravages of the worm are less frequent and in all likelihood the first crop of worms have left te return in a few weeks with rccnfercemcnts. Three death have occurred iu our town ship within the past few days. One a child of Ames Urinten, near the nickel furnaces ; another, a child el Jehn Murry, at White Hall, the former was interred in Georgetown M. E. bury ing grounds en the 24th inst ; the latter at Grace church near Nickel mines en the same day. The third death was of Miss Patience Iteckey, who died after being for several years a patient sufferer from that dread destroyer, con sumption, en the22d inst., and was buried at Octoraro church en the 25th. Martin As Fritz have finished their pack ing of tohace which amounts te a few cases ever 450 The Lancaster boys who finished the casing, straggled out of here en Saturday afternoon bound for Leaman Place, and their line of inarch resembled what might be imagined of the evening drill of the "Camp of tramps" near Leaman Place. Seme of our timorous citizens have been looking with terror up the read toward Lcman Place, with momentary expectation of seeing a deputation of "tramps" coming te claim a surrender of the town ; and en Friday l.'.st seme little excitement was caused by the appearance of a wild, fright ened looking, blue clad, dusty stranger, and several doers wcre securely fastened, and heads appeared at upper windows ; whispers of " Who is he, " went from mouth te mouth, and all was for a time excitement, until it was ascertained by some one mere bold than the rest that the stranger was no ether than Landis himself what a relief! The whispers were changed te exclamations of " wel come, Landis !' Festivals are net quite se popular just new as they were a few weeks age, and the interest of p'easurc-scckcrs is becom ing centered iu the scaside excursions, though the approaching festival at Smyrna, it is expected, will quite " take the rag off the bush." Of summer excur sions a variety are offered, including ene te Atlantic City en August 4 and another by the popular Clark & Schmidt manage ment en the 18th. The latter is being well worked up. and a geed many of our ' farmers will avail themselves of the timely chance it effcis for a two-days trip te the side of the old ocean. The American Fire Cerapaay. The committee of twenty five, appointed te perfect a plan for the reorganization of the American fire company, met at Alder man Barr s office last evening, and dis cussed several important matters at some length. 1 he committee adjourned te meet Tuesday evening next te complete the re vision of the by-laws. ,V
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