t atxtel Yelime XVIII. -Ne 161 LANCASTER, PA., FRIDAY MARCH 10. 1882. Price Twe Out. 30) 0ntdkaende GBASD OPENING OF "THE GREAT NEW YORK BAZAAR." G RAaU OPEJflNO OF THE GkKAT NEW TORR KAZAAIt- GRAND OPENING OF THE GREAT NEW YORK BAZAAR! GOTTSGIALK & LEDEMAI, Proprietors, 26 and 28 NORTH QUEEN STREET, - - - Lancaster, Penn'a. ON OR ABOtTT APRIL 1, WITH A MOST SELECT STOCK OP MILLINERY GOODS, NOTIONS, Hosiery, Gents' Furnishing Goods, LACES, RIBBONS, GLOVES, in fact EVERYTHING- in fact APPERTAINING TO A FIRST-CLASS APPERTAINING MILLINERY AND NOTION BAZAAR! LOOK OUT FOR OUR GMT OPENING MOMEMENT i LOOK OUT FOE OUR THE GREAT JNTEW YORK BZlR! GOTTSCHALK & LEDEMAI, Proprietors, LOEB'S OLD STAND. 2G & '28 NORTH QUEEN STREET, Lancaster, Penn'a. CLOTHING. mf-TUKS, KAT0FON A GO. SPRINGS CLOTHING ! IN ABOUT TWO WEEKS WE WILL HAVE READY FOR SALE OUR SPRING STOCK READY-MADE CLOTHING It comprises Ffty Diffeicnt Styles of Material, well selected and well made. We think this is about double tbe size of any ether stock shown in Lancaster city. MYERS, RATHFON & CO., THE LEADIHG CLOTHIERS. rOBN S. G1VLKK & CO. CARPETS. CARPETS. WE SHOW THE LARGEST STOCK IN THE CITY I CALL AND SEE OUR MOQUETTE CARPETS. CALL AND SEE OUR BODY BRUSSELS CARPETS. CALL AND SEE OUR TAPESTRY BRUSSELS CARPETS. CALL AND SEE OUR THREE-PLY ALL-WOOL CARPETS. CALL AND SEE OUR EXTRA-SUPER ALL-WOOL INQRAIN CARPETS. CALL AND SEE OUR DAMASK. VENITIAN, RAG AND HEMP CARPETS. By calling and looking through our Immense Stock we can convince you that we have as we say the Largest Sleck in the city. we can srre W YOU THE LA TEST STYLES. WE CAN SHOW YOU THE NEWEST COLORINGS. WE CAN SHOW YOU THE CHOICEST PATTERNS. WE OFFER THESE GOODS AT THE LOWEST PRICES. Wc alie have an Elegant Assortment of RUGS ane" MATS, WINDOW SHADING and FIATUU1.S, FLOOR aud STAIR OIL CLOTHS. C3-ALL AT LOWEST PRICES. JOHN S. GIVLER & CO. Ne. 25 BAST KING STREET, LANCASTER, PENN'A. HOUSE FURNISHING GOODS. a tin i M.INX ft WIIXSON. T4U.INX & WILLSON. UAVK JUST RLCEIVKD ANOTHER INVOICE OF AUCTION GOODS. WHICH THEY ABE SELLING MUCH 15ELOW TllhlU VALUE. Tinware, Weed and Willow-ware, Table Cutlery, Spoons, Buckets 10 cts., Breems, Fleer Oil Cleth 25 cts. t3TD0WT FAIL TO CALL AND GET BARGAINS.- FLIKN" & WILLSON, Lancaster, Fa. BOOKS AND STATIONERY. MEDICAL. TAKK KB'S BA1B BALSAM. pASKEK'S GINGER TONIC. PARKER'S HAIR BALSAM. The Bust. Cbeapest and Most Economical Hair Dressing Never tails te restore youthful color te gray hair. Sue. and $1 sizes. PARKER'S GINGER TONIC Ginger, Buchu, Mandrake, and many of the best medi cines known are here combined into a medicine of such varied powers, as te make it the greatest Bleed Purifier and TneUest Ilealtn wa Strength Besterer Ever Used. It cures Complaints of Women, and diseases et the Stomach. Bowels, Lungs, Liver and Kidneys, and Is entirely different from Bitters, Ginger Essences, and etner Tonics, as It never intoxicates 60c. andt sizes. HI3COX ft CO., Chemist, N. Y. Large saving buying 1 size. sepLMycodeew&w Hancastcr Jntelltgntcer. FRIDAY EVENING, MARCH 10, 1882. " DENTAL DIPLOMAS." THE ACT OF 187 UNCONSTITUTIONAL. AN AISLE OPINION 1)V A LUAK.NCO JCDGfc. "TTALENTINES. Valentines and Valentine Cards. In Great Variety at L. M. GLYNN'S, BOOK AND STATIONERY STORE, Me. 42 WEST KING STREET. TMLEXTINE SEASON. Valentines ! IN GREAT VARIETY. VALENTINE CARDS AUD NOVELTIES, At the Bookstore of Jehn Baefs Sens, Nes. 15&17 North Queen Street. SIGN OP THE BOOK. By Analogy Is Net the Medical ltegistry Act el 1881 Unconstitutional? YORK COKCTV QUARTER SESSIOXS. COSl'TH VS. WABSOX. CRIMINAL LAW. ACT APRIL 17, 1STS. EX TOST FACTO LAWS. Ihe act of 17 April, ISTii. which provides " that It shall he unlaw ful Jer any person ac cept physicians or surgeons te engage in the practice ei dentistry, unless such person has graduated and received a diploma lrem the laculty et aieputable institution where this specialty is -taught, or shall have obtained a certificate lrem a beard of examiners dulv un pointed and authorized by the previsions et this act te Issue such a certificate," and then provides a penalty ler this ettense, and attcr wards except these who have been in continu ous practice ler three years, applies topersens practicing at the time et its passage. The defendant was convicted et the offense described in the above Act. At the time et its passage he was a practicing dcutist, though for a less term than three year j. Held, That the art deprived the dctcndenlel his property or estate in his prolessien, which he enjoyed at the time of its passage, in some ether way than by the judgment of his peers or the laws et the land.' The act, as far as this detendent Is concern ed, imposes a punishment ter an act which was innocent when done, and is therclerc ex pest facto, within the constitutional prevision. The act, se tar as this defendent is concern ed, would prevent his pursuing a profession for which he has fitted himself, en which his livllhoed depended, and which he was follow ing at the time of its passage. This is an at tempt te punish him ter un act done prier te the statute, and hence unconstitutional. MOTION IX ARREST OF J CD Oil EXT. O. W. Jt'ELttOY FOR MOTION. E. D. ZIEULER AND W. F. BAT STEWART, COATRA. February 20, 1882, Wickes, P. J. The defendant in this case was indicted for practicing dentistry in Violation of the Jrovisien of the act of April 17, 187C, 1 j. 39. It provides inter alia as fellows : that it shall te unlawful for any person (except physicians and surgeons) te en gage in the practice of dentistry, " unless such person has graduated and received a diploma from the faculty of a reputable institution where this specialty is taught"' or shall have obtained a certificate from a beard of examiners duly appointed and authorized by the previsions of this act te issue such certificates. Sec. G provides for indictment iu the quarter sessions, and a penalty of net less than fifty nor mere than two hundred dollars ; it further provides for the recov ery by the patient or his heirs of all fees that shall have been paid for services ren dered in violation of this act. Sec. 6 provides that the previsions of the act shall net apply te persons who " have been engaged in the continuous practice of dentistry iu this state for three years or ever at the time or prier te this act." The defendant had never been gradu ated from an institution where this spe cialty was taught, nor had he ever appear ed before the beard of examiners ap pointed under the act he had, therefore, received no diploma or certificate. IIe was, however, engaged it: the practice of dentistry at the time the act was passed, but for a less petied than three ycais. Upen this state of facts we are asked te arrest the judgment : 1st, Because the act was net intended te apply te persons practicing at the time of its passage, although for a less petied than threa yeats, and : 2d, Because if se intended the act is unconstitutional and void as te them. "We think the first posiiieu is net ten able because it would seem te be a neces sary implication from the section which provides that the act shall net apply te these who have practiced three y cats prier te its passage, that it was intended te em brace all these who have been se engaged for a less period of time. It is said we must read the statute as if it did net con tain that proviso at all, but it is an estab lished rule in the exposition of statutes that the intention of the law-giver is te be deduced from the whole and of every part of a statute taken and compared together, and although the act iu question is highly penal in its character aud retrospective (14 P. P. S. 495 and 17 P. P. S. 485 ) .we cannot get rid of its plaiu'phrascolegy and read out of it words which clearly iuuicate the intention of the Legislature. The second preposition, however, pre sents a much mere serious question. It must be conceded upon principle and authority, that among the rights reserved te the states, is the right te determine the qualifications for office and the condi tions upon which its citizens may exercise their various callings and pursuits within its limits, and it is net questioned in this case, that the act in controversy is quite within the teserved power of the state se far as it is prospcetive in its operation; nor is it said te be unconstitutional dimply because retrospective in its action, for such legislation is nowhere prohibited unless it works the destruction of rights previously attached, or has some ether effect prohibited by the fundamental law. Is the act in question, se far as it ap plies te this defendant, open te objections of this character? The fundamental law of the United States and of the state of Pennsylvania alike prohibit the taking of the citizen's life, liberty or property, unless by the judgment of his peers or the law of the land. They also prohibit the passage of any ex pest facto law or bill of attainder. If therefore, the act under which the defend ant was indicted, does ene or the ether or all of these, cither directly or indirectly, it cannot be permitted te stand, and it will net save the 'statute te say that it was passed iu pursuance of that power which the state may exercise ever matters of internal police. Is a man's profession or employment his property ? and what de we mean by judgment of his peers or -the law of the land? In the case of Cummins vs. the State Missouri, 4 Wall, 277, the supreme court said, "the learned counsel does net use these terras life, liberty and property as comprehending every right known te the law. He does net include under property these estates which one may acquire in professions; though they are often the source of the highest emolu ments and honors." The learned counsel who appeared for the commonwealth con ceded the defendant's right te praotice his profession as property in contemplation, but the argument proceeded en the ground that the process by which it is sought te deprive him of it, is what the constitution means by "due process of law." But I de net se understand it. Said Thompson, J. in Fetter vs. Wilt 10 Wr. 460, "'Judgment of his peers,' is a term of expression borrowed from Magna Charta and it means a trial per pais or by the country, which is a trial by jury. The words or the law of the land,' have the same origin and are te the same effect as 'due process of law' in the bill of rights in tbe constitution of the United States, and it means judgment of the law in its regular course of administration through courts of justice." The questieu before the court in that case was the constitutionality of act of 22d April, 1822, which authorized the seizure and sale of the enumerated articles, if used for traffic within three miles of any place of religious worship during the time of holding any meeting for that purpose. "Nethimr (said the court) mere des petic could be imagined than the power claimed under the act of Assembly." And yet it did net mere completely for feit the rights of property " without due process of law," than does the act before us. Indeed, it was far less severe in its previsions, because it imposed no re straint upon - the offender's right te con tinue his business elsewhere, whereas the act in question must result in driving per sons, situated as is the defendant, for the further prosecutions of his profession. "Due pretess of law," means net a leg islative, but a judicial act. The judgment of the law as expressed through the courts can alone produce the effect, here sought te be giveu te an act of Assembly. It is no answer te say, as was said at the argument, that the prosecution new pending is the " due process of law " con templated by the constitution. It rather proceeds upon the theory that the defend ant's rights have also been swept away by legislative enactment, and that nothing re mains te him but the annihilation of his business, or submission te the pains and penalties imposed upon him by the stat ute. We can but think, that the effect of the act is te forfeit the estate of the defendant in his profession te destroy a vested right which he enjoyed at the time it was passed, and thus deprive him of his property by a precess rather ministerial than judicial, and wholly different from' that which is meant by the "judgment of his peers or the law of the land," But apart front this view of the ques tion, we are of opinion that this act of 187G, se far as it applies te the defendant, imposes a punishment for an act which was innocent when done, aud is therefore ex pest facto, within the constitutional prohibition. Said Chancellor Kent, iu defining ex pest facto laws, "All laws passed after the act and affecting a-person by way of pun ishment in his person or estate, are within the definition." Aud said the court in Celdcu vs. Bull, 3 Dale 386, "every law that makes an actieu done before the pas pas sage of the law, and which was innocent when done, criminal, aud punishes such action," is ex pest facto, aud of course within the inhibition contained in the constitution. But we are told there is no attempt here te punish the defendant for any act done by him prier te the statute, and that it was only necessary for htm te abandon the practice of his profession te avoid the penalties prescribed. Can it be that there is no punishment inflicted by an act which takes away from a man the profession or employment upon which his livelihood depends '.' Which in effect says te him'" True, you have spent your time and money in preparing your self for this profession, and you engaged in the practice possessed of all the qualifi cations required te satisfy the existing laws and commend you te the public, but since then we have discovered that the public welfare requires that such skill as you profess shall be avouched by a diplo ma, aud as you have net get it, and did net reqnire it, we make this law relate back te the time you began te practice, aud you-must pay the ferleit, or abandon your occupation, upon which the support of your family depends your act was in nocent before this law was passed, but we make the continuance of it criminal." This was substantially the argument ad dressed te the supreme court of the United States iu Cummins vs. the state of Mis souri, before referred te. The constitution of the state provided a test oath, which in form created a qualification for office, and attached certain conditions as essential te the right of the citizens te cugage iu the various professions, callings aud pursuits enumerated in the act. Ne one questioned the riijhti of the Mate te prescribe these qualifications aud conditions, but when it was attempted te apply the test te these already eugaged in the employments men tioned, it was held te be in the nature of a bill of pains and penalties, and te inflict a punishment within the meanings of an ex 2est facto htw. Said Mr. Justice Field, delivering the opinion of court, "disqualifications from otiice maybe punishment, as in cases cf conviction upon impeachment. Disquali fication from the pursuits of a lawful avo cation, or from positions of trust, or from the privilege of appearing in the courts, or acting as executer, administrator or guardian, may also, and often has been imposed as a punishment. Pun ishment is net restricted te the depriva tion of life, liberty or property, but also embraces deprivation or sifspsnsien of political or civil rights." The court then proceeded te inquire whether such punishment was within the censtit ittienal prohibition and after elab orate t exarch and argument it was held te be a bill of pains and penalties and ex poslf'icle within the meaning of the con stitutional prohibition that " no state shall pass any bill of attainder, or expesi facto law." Said the court, " the theory upon which our political institutions rest is, that a'l men have certain inalienable rights that among these are life, liberty and the pui suit of happiness ; and that in the pursuit of happiness all avocations, all honors, all positions, are alike open te every one and that in the protection of these rights all are equal before the law. It were vain and futile se te declare if the qualifications for these avocations may be added te or changed time and again. perhaps in the interest of some dominant class, until under the guise of the public weal, gill opposition is driven from, the field. In the cases referred te, there was neth ing te prevent the prescribed class from discontinuing their employment and en gaging in some ether pursuit net guarded at its threshold by an impossible condi tion ; but the court said in effect, no this is practically punishment for past conduct and no matter under what form presented, it is an attempt te sweep away the consti tutional rights of the citizen, before the dangerous front of bare faced power. Ner does it save the obnoxious feature of the act iu question, that these affected by it may appear before the beard of ex aminers it creates. If the statute did net forfeit their rights, there would be no necessity for a method by which te rein state them. In the case we are considering no pun ishment for past conduct may be intended certainly no act criminal in itself was committed by the defendant;, under the law as it steed prier te the enactment of this tta'ute. Indeed, it may ba conceded that the act was passed entirely in the in terest of the public, and will produce the best practical results. It, nevertheless-, operates disastrously upon a class, whether se intended or net. It drives from their established business, men of mature years with their family ties and dependencies, aud remits them te the hall of seme " rep utable institution " or sends them before a " beaid of examiners" armed with the absolute power te end their professional careers. We can but think such legislation is retrospective in a sense which renders it reid, because is has an effect prohibited by the fundamental law. We therefore arrest judgment. With perfect truth it lias been remarked that the avenues leading te an early grave have often been opened by a cengh or cold. AU Threat and Lung Affections instantly cured by Dr. Bull's Cough Syrup. Price 25 cents. Fer aged men, women, -weak and sickly ehildren, without a rival. Will net 'cause headache. Brown's Iren Bitters. mG-lwdJtw MEDICAL. B KOWN'3 IKON BITTERS. BROWN'S "Hew de jeu manage," said a lady te her friend, ' te appear se happy all the time?" "I always have barker's Ginger Tenie handy," was the reply." and thus kcep myself and family in geed health and spirits. Sec adv. nil-lmdeod&eow Frightful Misery. Mr. Wm. Pomeroy. Banger,' Me, writes: "I have for a long time suttered from contin ual constipation, making mv life a misery, and causing headache and frightful cramps. Mr. Thoinasen (who has been lately visiting in Buffalo), induced me try the Spring Blos Bles eom. It has pertectlv cured me." Price 50 cents. Fer sale at H. B, Cochran's drug store, 137 North Queen street, Lancaster. The Country. Who that has ever lived any time In the coun try but must have heard ei the virtues of Bur dock as a bleed purifier. Burdock Bleed Bit ters cure dyspepsia, biliousness and all disor ders arising from impure bleed or deranged liver or kidneys. Price $1. Fer saleatll. B. Cochran's drug store, 137 North Queen street, Lancaster. Visible Improvement. Mr. Neah Bates, Kim Ira, N. Y., writes: " About four years age I had an attack of bil ious lever, and never tully recovered. My"di gestive organs were weakened, and I would be completely prostrated for days. After using two bottles et your Burdock Bleed Bitters the improvement was se visible that I was aston ished. I can new, though Ul years of age, de a fair and reasonable day's work." Price $1. Fer sale at 11. B. Cochran's drug store, 137 North Queen street. Lancaster. CLOIUIXG, UNDERWEAR, AC. TTTAXAMAKKR & BROWN. Clothing that Wears "Weil. Year after year our customers return because they are net dis appointed in the kind of Cloth ing we supply them. With all our "reabonable prices we insist en the goodness of the materials. The stock of Men's and Beys' Overcoats aud Suits is still quite complete. WANAMAKER & BROWN. Oak Hall, Sixth and Market streets, Philadelphia. A. V. ATKS & CO Sp s Overcea is. Some of modest and sober oelor. Seme livelier in pat tern and style, while ethers are made up mere for hard usage than for appearance All, however, are cut and trimmed in the most approv ed and unexcelled manner. Prices are no higher, hut rather less, than last season. Yeu cannot lese anything by looking at them. A. C. YATES & CO., LBDGrER BUILDING, CHESTNUT AND SIXTH, PHILADELPHIA. IRON BITTERS will cure dyspepsia, heartburn, malaria, kidney disease, liver complaint and ether wastinir diseases. BROWN'S IRON BITTERS enriches tire bleed mid puriiie- the -.y.t iu cures weukne-ts, lack of energy, etc.. Try u bottle. BROWN'S IRON BITTERS Is the only Iren preparation that ttees net color the teeth, and will net cause head ache or constipation, ns ether Iren prepai -atient will. BROWN'S IRON BITTERS Ladles and all sutierers lrem neuruigU, hysteria and kindred complaints, will And it witiieut an equal. Fer sale at COCHRAN'S DULIO STOUK 157 and 131 North Queen street, L.tnca-ttur. in3-l wil&w TTOKKlBfcEt This is the way many describe thc-li-reellngi. Hew many hundreds are there who loci tin; samewayT It would surprise us If we knew wha proportion or humanity are ailing trnm some disorder or another, which could !m easily cured It taken in time, and goneuhoiit In the ri lit way. But most peenie go about it iu the wrong way, and then lancy there is no use trying any mere, ar.d cnneiiicntly' get werse instead of better. A weak or nn overworked man can Imbibe trecly or whisky anil ler a short time brace up with imaginary strength, but It will net be long until he will be weaker than before. V hat, then, is the right way." The only per mauent way is te taken remedy t hat will build upand invigorate the system. This can only be dene by beginning ut the origin of Hie, which is the Bleed. Ne 0110 whose bhed l-t pure and healthy can be sick. Burdock is a root tliat has mere lite-giving qualities than any ether root, herb, or plain, and it your bleed is weak or inipeverUhed. take Burdock Bleed Bittkrs, ami 11 pun-, healthy action et the bleed will he sure te fol fel low. Sold by II. U. Cochran, Nes. 137nndI31 North Queen street, Lancaster, Pa. !eb'.S-teAprl TOCTOR8 AGKKK THAT sCAKLKT 1 ' Fever, Diphtheria, Consumption, Cutarrh and Chronic Threat Diseases arc due te neglect or common Sore Threats. Children frequently have wet feet ; sero threat lollewt and often serious sickness. Are we net nflect ed likewise? Why net try the OCCIDENTA I. DIPHTHERIA CURE. It will pesltlvely c'ure the worst form of sere threat and eradi cate the germ et any disease subject te it. A euro guaranteed or money refunded. Fer :i by II. It. Cochran. 137 and 1S North fjut-i-u street. Lancaster. fcb27-3iHd . MUSICAL INSTRUMENTS. AL-BuXKS. mirl-Cmd BARB CHANCE. A SUIT OF M""" MUSICAL - BOXES. BARGAINS. CLOSING OUT SALE of a large importation, having arrived tee late for the holidays, at cost of produc tion in Switzerland, about 1-2 and 1-4 their value that same quality instruments could be sold for in this country. They are. mostly of the large and medium uize and, with few exceptions, of High Class Musical Bexes as sold in Geneve, but far superior te the ordinary instruments y generally sold in this country, and need only be seen or heard te be appreciated. Musical Bexes .with bells, drums, castanets, celestial voices, mandeline, diva-harmenie, overture, tremelo-plccelo, sublime sublime harmenie, harp-zither attachment, etc., also two and three mainsprings playing from 10 te 50 minutes by one winding. Musical Albums. Circular en application. C. Gautschi & Ce., Manufacturers, Ste. Croix and Geneve, Switzerland. SALESROOMS: 1020 CHESTNUT STREET, PHILADELPHIA. J23-tfd HIE CLOTHES OR AN OVERCOAT Made Up te Order at Ce3t Price. In order te reduce my heavy stock et FINE WOOLENS I shall make them up'te order for the NEXT THIRTY BAYS ler Cash only at cost price. This is without exception the greatest re duction ever made in MNE CLOTHES, and is done te make room for our heavy Spring Importations, which wc expect te have in stock by the early part of February, We have the sauiple cards of these goods already in store, and any ene dpslrleus et securing first choice ter SPICING WE AU can de se new, and the gceds will be tameu ter mm. Remember the above reduction Is for Heavyweights and Cash Only. H. GERHART, TAILOR, Ne. 6 East King Street, CARRIAGES, C. rpmc STAN U ABU CARIUAUK WORK OF LANCASTER COUNTY. ED6ERLEY & Ce., FINE Carriage Builders, -MARKET STREET, Rear of Central Market Houses, LANCASTER, PENN'A. We make every style Uugzy and Carriage de sired. All work finished in the most comfort able and elegant style. We use only the tmt selected material, and employ only the best mechanics. or quality of work our prices are the cheapest in the state. We buy ter cash and sell en the most reasonable terms. Give usa call. All work warranted. Repairing prompt ly attenUA te. One set et workmen esieciafiy employed for that purpose. I ax-ixax R AGS. RAGS. RAGS. The highest Cash Prices naid for all klnda et Rags, Old lioeks. Carpets, Woolen Cleths, Bagging Repe, Uum Shoes, c, Ac. I will call en persons having anyet the above articles II they will drop me a postal card. WM. F, HBNNECKB, NO. 33S WEST KINO STREET. feb25-3md
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