,Vfe', ;Kft t-"-V' X4. 1, '-( 4W- ? J, fri5sSi- ft Vh '" rU-WitX "VS aPbje tajtftef r 'IJ"'''TV SAr.'.irrj. rAf iwvfff?p?fiws !r - j- 1 -ft ".' VOLUME XXII NO. TIIK COUNTY MUST PAY ai.i. i nit mcskvii in ruts viir.nir e inn kevxiv iirnumt". The Nalnrj lllll Unit n llriUrnl IfiMiin.lh llitlnlml lijr Hi Supreme Cem t tit the Ciiiuliiuiinenlth-Tliii )illiliiu r illlilc" l,lllt:tiili In I'nll, When the Hilary act was tit dared uncon stitutional u miiiitier of the county olllcers had credits nt tin) treasurers tilllr-n fur Iwi earned eer nnd hboie Ihelr saliiilcsHtiil ex penses. Register Sinner liml h credit of fl,l2,s.uii, (juarter Sessions Clerk Sottley fl.mii.ai, Prothnnetury Slides $'.2,317.32, ami District Attorney Kberly, f 1,7 lr.. 'I he regis ter, prothenolary mill quarter sessions dork demanded tills money, ami the commission ers under the advice of ceunsel rcluscd In ro re ruuil II. These elllelals llicu brought Null against tlie I'i'iiiity. A. lli'rr Hiultli, I), (i. Kshluiiiaii mill H. II Reynolds woie retained ns sjieelal counsel by the commissioners, tt ml II. M. Nurtli, (loergo Nauimiu ami J, Hay llrewn represented the county olllcers. My agreement of reiuiiMil It was urrumrcd te try tlie hiiIIh liclore ene of tlie Judges, wltlieutii Jury, rs tlie inisiiiiii In dispute was cnoef law mill net or fact June II mils tlie day fixed upon lorllie Irlulis mid the above counsel, llli tlin uddl uddl tlen of ex-County Solicitor 1'rynuil Solicitor Shenck, iipsiuisl before tlie court. Judge Livingston prcsldisl. Tlie Urst case called was Hint of Register Nteuer. Tlie testimony . is very brief niul In ellect unstli.it lie was the duly elected register or the county, Hint lm received certain sums of iiiouey by lrtue of his ollice, tli.it lie ui.iiloiiieiitlity returns te tliot'eunty tiunsiiry In accordance with tlie irovsieiiHiil tliem t of .III nor-', Isst, known ns the salary bill. Thodelcnso did net eiler miy testimony. Tlie cU(wtlens Involved wero argued nt ttreat length mitt numerous iiutliorlties were, cited. Ai tlie eonclunlen of tlie register's cist) It was decided net te try miy of tlie oilier-, hs tlie principles Involved worn tlie same. Judge Livingston te-day bled his opinion In tlie Stouer cise, giving Judgment against the county for 1, 1-M.eVi, tlie full amount el Ills claim. Following Is a copy of tlie oplu eplu oplu Ien : I'm Is reutiil lir tlie Court. Tlie facts fuiind by tlie court from tlie evidciice pnmetilt.'d hte tlie follewing: I. (.'. V. .Stunur, tlie titiiliitlll, ui vlecteil te tlie ollice el ti'Kister of u Ills In tlie ueuuty et Lancaster, In tlie state eI l'euiilaula, at tlie neneral elPi Hen bold In tlie county el l.iiicanter, In NcneinlKir, Ksl, fur tlie full lerin of tlirce yiMrn. - That C. 1'. Stener, tlieplainllll, uasiluly couiiiits.senpil by tlie governor of this com nieiiVNcaltli us register et u ills for the county et l.aiiciiHter, for tlie term of three years, cemiuciH'inK en tlie first Memlav In January A. II. K. .1. Tluit prier te bis election an act of n-twinbly ns pvseil by the Suiiatu niul lleusu of lloiresontattos et tlie lomiiiou lemiiiou lomiiieu nuilth of I'enntylvaula ami approved by tlie governor en June 1SJ, lsst, and ieutiil In ptniphlet la of lNt, at pae 1,!'), on en on tltled nil act "IlxliiK Kilarles et county elllccrs In counties containing evor 1(,. ixiO ami Icw-s than 100,000 lnh.ihltttits ami requiring tlie payment el the fees of hueIi oIllcerK, Inte the rospectlve county tress urles," In anil by which It as mrer i'ki enacted. That 111 all the counties in tins commonwealth containing from liKl,0e) te l"A0e0 Inhabitants, all lees limited and n n n oiiiteI by law te Imj rocelved by each and every county elllcer therein oleciod by the ipialllled votaraef their rospeitivo counties or api'innted ari-erilltig te l.iw, or which they Hliall Im) legally authorized, required or en titled toclmrgeor receive, Mhall belong te the county In and for which they are bover.illy elected or appointed, mid It shall In) the duty el eueh el khIiI ntllrerti te exact, collect and rcoeUeall such Ices te mid ler the iimi of their rcwecMre counties, except such taes ami fees as are levied for the state, which shall Is) for and te the use of the Mtnte niul nenu of said ollleerM Khali receive ler his own use or purpose v. Iiulever, except for the u.se el tlie jireper county, or for the slate as the ca.se niaj- be, any fees for any elllrl.il sorvlce whatsoevor. I. That It required H.ild olllcers te keep NK-cml account lioeks, the feuus el whicli were te le proscrllied by olllcers of the county therein designated, in which hiicIi lOCHWore te lm entered with day ami date ami paid evor te the county treasurer en the llrst Monday el each month ami duplicate receipt taken theroter, a receipt and trans cript In detail el the lee account book or books, for each mouth, verified by oath te be Med with the county controller or audlterH , who were te attend torecoivoaml erlfy the Haiiioen the tlrst Mendnv of each month and te (He the receipt and transcript in the ollice and charge the county treasurer Wth the lnenev for fees se paid hi. Is 'I'hat 11 any of nald county olllcers shall receive or stipulate te rocelve from any doi dei utle.s, or clerks appointed by him, or from any iwrwm or persens nwariled any ceu-trai-t for advertising, or ntiy ether con tract any sum or sums of money as percent age en the alnric or the said deputies, or clerks, or the amounts of prellt et said con tracts, or any huiii or sums of money what ever, ns compensation for making any of the Bald appointments or contracts, or Hliall ne glect te render the accounts required us afore mild, or te pny ever the iiioiiem rocelveil ler feeMns required by this act, or shall wilfully neglect te make any pre(er entry in the hook or boeka required te bekept, or Hhall wilfully neglect te charge for any elllcinl service the fees allow ed by law, or shall take te his own use any such lee, or fall te comply with any of tlie previsions of this act or neglect te dis charge any of the duties therein Imiesed, the name shall be deemed n misdemeanor In ollice ami In addition te the ether ponaltle'i ter such ellenses, he shall iiihiii conviction thereef re fund the Haul sum or sums of money thus un lawfully received and shall be deemed in capable of holding longer the said ollice. 0. That if any hucIi elllcer should wilfully Hwear lulsely In verilying account, truiiHcrlpt or bill required by said act, he was te be deemed guilty el erury and upon convic tion be hallo te the punishment prescribed by the laws et the Htate ler urjury. 7. That by said act all such county elllcerH weie te be paid by llxed salaries in the manner therein stated. b. That hitil net was te take ellect en tlie expiration et the terms of tliuse olllcers who tilled the county olUces ut the time or its passage, ami It contained n clause repealing all law h or parts et law s, general or special, inconsistent with tald act. J. That the term of the incumbent of the register's ollice of the county of Lancaster at the tlineerits passagoef thu act, continued iii te the llrst Monday or January lss:, at w hlch time C. 1'. .Stener became register. 10. That tlie county or Lancaster, the do de lenilant, did demand and require that said C. !'. Htener, us register, should keep the spe cial accounts roqulred by said uct, by pre sentlng te lilm Hjecial ucceuut books, the forms of whicli wero prescribod by the olll elll olll eors of thu comity designated In tlie act and having her auditors te attend en tlie llrst Monday el each month torecoivo his returns and verify tlie same, te tlie thu receipt and transcript III the ollice and te charge the county treasurer with the feos received of him, the said reglnter. II. That the books being fiirnished te him by the county, the defendant, .Mr. Stener, us register did as required; kept special accounts of the fees received by hliu In his ollice mid did make returns thereof te thu county au ditors en the llrst Monday of each month rorevery month irem the ilrHt Monday in January until the llrst Monday In Hopiom Hepiom Hopiem ber IbSS. VI. Here fellows an account el the money a paid In each month aggregating f 1,101 Us uml lllll OXHCIIses ''73.1 X:, havlllir ii halnnen III the treasury te his credit of fl, 123.GU ami ler this buluuce he brought this suit, the county having rolused te pay the same, fi.AiNTH'r's l'osrneN. It lscouteiuled 011 the part of the plalntltl', 1. That the paymeuts niade by htm wero uet voluntary paymenta, but wero involun tary and tuade umler a well-grounded appre hension (founded upon the express tonus el the act or June !, 1SS3), et the iinuiodiate seizure el his person and of his removal Irem the ollice et register of wills. That thore was compulsion actual, ineeent ami paten- 272. Hal Inducing said payments which rendered pretest unnecessary. '2, Thai the payments w eroiilse m 11I11 under mlslake and lgnoraiice of iacU the hict that the act or Juneirj, ISM, was unconsllliitlenal and void, mid he is therel'erii entltlnl te nv cover back the money thus paid. lu:ii;.Nl)AN i'rt 1'imi I le.v. It Is contended en behalf of deleuilnuU I. That the money was paid Inte theceiinly treasury with lull knowledge of nil the facts and circumstances connected with tlie case. Z That the payments made were net com cem IMilairv. They were net initie under any duress of person or preMrty or under any Impending danger el seizure or sale of prop erty. .'t That the tuyiiienlif undo were puuly voluntary, ami therefore the money cani.et be recoieretl back. I'O.NCI.l'.SIONH or i.w. An oxamliiallen of the laws of Pennsylva nia relating te registers of wills and thu ollice of register discloses thy tact, that prier te anil at the tlmonfthe passage aiulappreinl or the act of J 11110 Zl, is), se lar as the county el Lancaster was concerned, all the fees mid eniolumenlsel the register's ollice belonged tOHiul were the preerty of the Incumbent the register, and that the county el liincis lerhad no authority nor right te demand, claim, receive, take, hnie or appropriate te Us own lists sild roes or emoluments or any portion tliertsir. '. 1. Hlener, the plalullll, wnselectetl reg ister of wills, of the county el Liuci-ter, unilertlie general laws of the slate regulating the election et ri'gisters hi NeieinlHir, lssl, was duly commissioned mid entered upon the duties el his ollice en the llrst Meml.i of January, bss,'., up te which date none el Hie fees or Incomes ef the register's ollice were 01 or paid te the county el Liuc-isK r. The act el June 22, s.-v, by Its own terms became operative In this county upon Mr. Ntener as suming the duties of the ollice el register. (in the trial ami argument great latitude was allow oil and taken. Thu questions of payments under mistake of fact, payments under mistake of law, voluntary payments and payment" made umler duress or Invol untary piyments were fully mid nbly dis cussed by thu learned counsel and many authorities cited In support et the various Ksltln assumed, none of which, however, lully cover or lu our Judgment decide the case under consideration, ler the reason tint 110110 of the cases clte.l, elther Kugllsh or Auiorican,wcre decided or leiindetl 011 acts of parliament, acts of nssembly or laws se stringent or containing tonus, previsions ami naltlcs such as are found In the act of assembly et June -J, lsM, under and by vlrtuu or which thu payments lu this case were made. ltaplMi-s te be well settled In lmglalid as well as America that where money Is shown te have been paid umler a mistake et tact te a parly w he has no right In justice and honesty te retain It, the lirty paying may recover It back, w here thore Inu been no laches en his irt. " I'wii iiniitt unit hh e mil" is an old ami lamillar maxim the application of whicli has ever been a source of much perplexity. In Luglaml there me many el the reported t ases classed under this head of payment under mistake of law, which really have very slight It any bearing en the question winch lu fact stand uet upon mere mistake of law, relieved el all ether circumstances, but upon ether and distinct grounds, de net necessarily involve the question mid were either In fact decided, or should have been decided mi dltlerent grounds entirely. The same may be said eT the reported American cases Irem the tlmoef Hunt vs. Kousiualunre down te thu present time, Including (Itssl vs. Herr, in whicli it Is s.ikl by thu supreme court, " We therefore are of opinion that In no c-ise l'i lgnoraiice or mistake et the taw (meaning of course, of the established law et the state, as lu that ease) with a full knowl edge of the facts, fur , a ground ler equit able relief. Prem a rovlew of the various ilocisleus classed under this maxim we find that while the preponderance of the authorities in both countries isapparentlyagaiust relieving pure mistakes of law, the ene principle te be de ducted Irem nil the roertod cases and that which te us appears best te accord with right and Justice Is what we believe re.il I v is the law In bith countries, te wit. That if a man has actually paid what thu law would net have compelled hlui te pay, but what in equity ami conscience he ought te huve tuid, he cannot recover It back. Hut where money is paid umler 11 mistake, which there was no ground or rigni te claim or demand or lu equily uml conscience retain, the party piylng may recover it back in the lerm of action here adopted. The law as te thu voluntary payments np lcars te be that where a pirty voluntarily piys nn illegal de-iiiml made, upon him with n full knowledge of all the facts which render such demand llleg d, without mi Im mediate and urgent necessity thorefor, or unless te relieve his person or property from detention or te prevent it seizure el his person or proierty, he cannot recover it back. This class of payments ombraces hucIi cases as I'nlen Insurance eempauy, vs. city of Alle gheny, reubles and wile vs. city of t'lttsburg and ether cases presented, lu which there would hae been 110 sei.iire, dutentl'iu or Im prisonment of iorsen or Koizure or detention of property without llrst obtaining tlie Judg meiit of a court of competent jurisdiction. Where defendant could have hail a notice uml day in court ami where by making proper delense and asserting his well known ami ieirly dellued legal rights, he could have iMen relieved of the payment of the unjust uml Illegal demand he paid voluntarily with out asserting his legal rights. As te the involuntary payments we liml tlie law te be that where money has been collected or ud upon lawful process of execution It cannot (gouerally) be recovered "back, though uet justly or lawfully due by the defendant in tlie execution te the plain till. (This prluciple and law embraces such cases as Mann's appeal, Beas vs. I'pdegrove, Federal Insurance company vs. Hobinseu, Travellers Insurance company vs. Heath, Marnett vs. Hampton, etc) Ami yet in such cises It has been held that when tlie Judgment has been re vel set I mid upon a new tri tl judgment has been entered for defendant, assumpsit will lie te recover back the money pild under thu execution is sued 011 the tirst Judgiuent. 1. Were these piyinents matle under mis take, with a lull knoAiedgo et all the facts? Tliey certainly were uet matle under any mistake as te the terms or requirements el tlie act or J line '22, ISM, ter it is shown by the evidence that all its terms and require ments weiu clearly understood uml fully complied with by both plalntill nml ileleud ant. Or, wero they made under a mistake or lgnoraiice et (act, or of mutual lgnoraiice or mistake of lacl the fact that the act et June '22, lss.!, was unconstitutional, nml If se, may the money paid be rocevorod back, the defen dant hav big no ether right te claim or retain It than that given by said act ? That both parties considered siltl net con stitutional uml wero ignorant of the Taut that it was unconstitutional and void is evidenced by the tleleniliiut preparing and delivering the tonus In the plalntill and requiring his CDtiinli.mcu with its previsions mid by plain- till keeping accounts mid paying evor thu lees of his ollice, in accordance with its stern command. In McCarthy' case Lord Ilreughaui siid : " U a man dots an act under iguorance the removal of which might have matle him come te it dlllerent determination, there is an end of thu mutter." In Towiifeend vh. Crowdy, It isHald, thu mistake of fact which is sulllcient te enable a person who has paid money, te recover it back, must be, It would soeni, a mistake el a fact, or as te a lact, which, If true, would have rendered him liable te pay thu money. The cases founded 011 mistake hoeiii te rest en this principle : That if parties IhjI lov ing that a certain statoel things exlst, which de net exlst, coine te uu agreement with such a belief for Its basis, 011 discovering their mutual error, they are loinltted te their original rights. lu Kelly vs. Kolari, Haren l'.irke held that II money is paid under the Impression of the truth of a fact, which Is untrtie, it may.genor may.gener ally speaking, be recovered back. In such case thu receiver is net entitled te retain it. Intilenn vs. Shannen, wliore money was paid by inlstake of a fact te u portion having 110 claim te It, It may be rocevorod back by the lwrty who paid It. In Iowa It was held that an action of law lies for the recevery of money paid by mu tual mistake. In l'itcher vs. the Turin Plank ltead com cem pany, whero the mlstake was mutual, both ttie agent of the company and the plalntill' supposed that a clause giving a penalty lu the turnpike net had been Incorporated In the plank read act of 1817 fiiollher parly sup sup sup osed that a penally of t2T was given by common law I neither parly had any doubt that If the statutes give n penalty fur running agate 011 a plank reatl, the penalty was col lectable, llelh parties assumed that n section giving the penalty had been lncorieratbd In the plank r trail act. In Unit assumption both wero mistaken. It cannot be doubted that this mistaken belief was 11 powerful motlve with the plalntill, in makliigthiiHoUleiiimit lie did of the threatened suit ler the penalty. The court held that tlie mlstake was net n pure mistake of law, that the money se paid might be recovered back, en the ground that the mlstake was 0110 el fact rather than of law and that In such lasothe maxim, " inur (iiiitt iiirM huh r-rcuml" does net apply. Willie as general rule every 0110 Is bound by the law, us ir he hail a Hill knowledge of It, whether he has such knowledge or net, we nru net nwnre of any rule which conclu sively proves that a layman where an act et assembly has passed tlie .Senate mid IIouse ami obtained the approval of the governor and In spread upon the statute book as thu law of the stite, Is bound te knew thu fact, that such law or fact Is unconstitutional and llierelert) void. Te adept such a theory, would, we think, be absurd 111 the lace of tlie fact that se profound a lawyer and se emi nent n Jurist as Hen. (.'. L. I'ursliliigdoclded It fas no doubt most of the bulges of the lower courts of the state would line decided it) te be constitutional. If as we have seen from the ovltlence the hellefnf (he constitutionality eT the act et JiinerJ, ls.s.1, was the basis oil which both acted, was thu powerful motlve actuating both in making ami receiving the payments, by the decision of the su preeo court, it is shown both were mistaken us te this fact- The error having been discovered they are remitted te their erhjlnal rights, and as without thu act of HS.'! the defendant would have hud no authority nor right te demand or reeolve.take or have the money se paid, since the at has been declared tiiicoiiHtltiitleti.il and void It has no right a icue f lnie te retain it, mid as by reluudlng It the defendant will be In no worse condi tion than If it hail net been received. We see no geed roaseu why plalntill should net recover It luck. 2. Were tlie payments lu this case purely voluntary, or compulsory ami luvelunbiry? (illilis, J held te the tltxirlne that money txihl with lull knowledge, both of law-and lact, but under the fear et an arrust, would be recoverable. Lord Ceke says: " That for inouaces, in lour Instantes, ;i man may avoid his own act. I. I "ear of llle ; 2. for fear or less et a member ; .I. Ter fear of mayhein ; I. Fer lear ofimprlsemuout. Domat dellnes fear te bsall unlawful Im pressions which move ene agilust his will te give a consent which he would uet give If Ills lilsirty were free Irem such Impression, Dillen says it is a general rule that in order te onatile a pirty te recever back u pay ment which he has madu tien an unjust or unlaw fill demand, en the ground that he made It by compulsion, he must show that the compulsion consisted et a direct or threatened restralnt of his parson or intor inter intor ferenco with his property, and that be could escqie trum or prevent the injury only by piymcnl of the money. In Preston vs. tlie tIly of Ilosteu, It was held tint " If a iMirsen pays an illegal tax lu order te prevent the issuing or u warrantor distress, with which he is threatened and which must issiie of course, unless the tax Is paid, the payment is deemed compul sory anil net voluntary, and if It be Illegal he must return it back. In Alsten vs. Duraiit it was li'dd that te constitute duress it is sutllcient If the will boceiistraluod by tlieuul iwltil presentation or ucholce tiotweou two comparative evils, as Inconvenience and les by detention of prop erty, less of property altogethoi, or payment of an exorbitant demand. In Harmen vs. Harmen : "llveu if thore is no actual Imprisonment, but the money Is paid te prevent ft threatened imprisonment iry one having apparent or Hiipposed author ity te make his tlircnt goeJ, the payment can be recovered bat k, for the law will net re quire a party te resist jMyiuuut until he is actually deprived or his liberty. in Cuunlngham vs. Mutiroe : "That ir a party receiv lug the money knew s that he has no right te It, and it was paid umler duress, lie may be compelled te refund It although tlie duress does net proceed from him. In i.arr vs. Martin . ''That It is net nocos necos noces sary that a party should wall for the issuing of a wairaut te collect an assessment or for a saloef his property, te make payment invol untary. In Henry vs. Ilersile, (irlinui vs. Wolson Welson berg school -llstri 1, and Caldwell vs. Moere, the supreme court say "It his never been 1111111111011 thatn well grounded apprehension of Immediate soiure of purseu or property is an ludlspuus.ible element te constitute an involuntary payment." In Lehigh Ceal and Navigation company vs. llrewn, the court say: "That te constitute the compulnieu of coercion which the law will recognlie as suf ficient te render a payment in voluntary thore must be seme actual or throateued oxereiso of power jvosseasod or supposed te be jiossessoil by the party exacting or receiving the pay ment, from which the party making the pay ment has 110 ether means of immediate re lief." Courts of equity will likewise set asltle a contract luatlu umler thu iiilluuucu of terror, or et Hireats or of iipprehensien short of du ress. in Miller vs. Miller the court say : " We concur witli the counsel et defendant iu error, that iu civil cc-os the rule as te duress pa- miiki.4 has u broader application at the present day than It formerly had." It will be remembered that all these cases w ere based upon and decided under acts of pirllauient, acts et assembly unit laws of tlie ordinary lerm, umler which parties had 11 light et appeal te the taing power in cases or assessment and taxatieu, or under wiilcli suits hail te be instituted and service miule upon the tlelentlant, who therein had his day iu court and u hearing with the right of a writ el error te 11 higher court, before his lib erty was endangered or his person or property ceiild be arrested, soletl or taken iute cus tody. (such were the previsions el Hie act el June2J, lss.!. lly its terms that which prier teiU p.w sagu under all former laws had always been declared te be ami wnsthesole property el the register, the tees anil emoluments of his ollice was declared te bu net his property but the property of thu ceuuty. Tlie county was te prescribe uml prepare the necessry forms and tlie legister te keep special account books, in which he was ordered and bound te enter all moneys received for fees and all moneys earned ami all moneys chargeable Uhjii the eounty,;spef lfylng day ami datiyVc, and 011 the tirst Monday of each month pay ever all moneys se rocelved by him te tlie county treasurer and tahe duplicate receipts thereler, his accounts te be audited by the proper olllcers of tlie county, Ac. lit ease of his neglect or relusal te ronder the accounts se demanded and roqulred by Mm preperly vorilled by euth, or el his wilful neglect te make any proper entry In the book or books he wns required te keep, or et his wiirul neglect te charge for any el the ellltial services tlie fees allowed by law, or applied te Ids own use any et such fees, or neglected, failed or relused te pay evor te the county treasurer the moneys recolved by him for fees, or failed or neglecled te comply with the previsions of the uct or te discharge any of the duties therein imposed upon him, he was te be deemed guilty of a misde meanor lu ollice ami Iu addition te the ether penalties ler such ellenses he should upon conviction thereof refund the sum or sums el money se uulawiully recolved or retained and should be deomed lucapable el holding 1 Jtiger his said ollice of register, lu addition te this it he willullv swere falsely iu veri fying ills accounts he was te be deomed guilty el perjury nml en conviction punished as prescribed by law for that olleuse. This act, as we huve said, diners irem all the acts ami laws usm which the decisions we have referred te are based with rofuenco te the payments niade Iu this. That iff case of his lallure, neglect or refusal te pay evor all lees el his ollice te thu county treasurer uu the llrst Monday lu each month, it uu uu therl.inl his arrest and Incarceration In prison us a criminal, fur trial as u criminal and tills tee at the Instance of any cill.eii who might choeso te prosecute; he must then lie lu prison or procure ball ler his appearance at the criminal court fur trial nml this tee without any appeal, day in court or redress. Nothing but actual payment would enable 111 til te escipe from the mouace et tills law or te prusorve and maintain his liberty. Under it the deteudant recovering the payment was lully authorized te deprivehlm of his llberty immediately upon his nerjlect or refusal te pay. ills neglect or refusal te pay was net only te doprlvehliu of his llberty and cause him te be tried as n criminal, but in case of oeu- LANCASTER, PA., TUESDAY, JULY 20, 1880. vicllen (from which thore was no escape, for Iu such cise the net dcclaren him guilty) 111 addition te his punishment for the mis demeanor he was te be deprived or his ollice and leso his etllrt.il position mid the salary lllll xed thereto, UnderHiielin law containing such n stand liiB moniice te lm immediately onfercod by se severe a ciialty, must he rofuse te pay mid be actually nrreited uml doprlved or his llliorlyer be bound in a recognizance as a criminal te npiear lu a criminal court before he ild, lu order te make Mich payment In voluntary and onnble him te recover back the money paid, en the law belng declared unconstitutional nml void ? We have seen that this was net necessary under laws much mr.re mild and less menacing than tlie actel 1WI, and In our Judgment such proceeding was net nocessiryln the present cise. We are of opinion that there was sufficient horn te constitute the duress, compulsion or coercion which the law recegnles as sulll sulll ceont te ronder these piyinents Involuntary and that they wero net matle voluntary, but under an apprehension founded en the ox ex press tonus ami menaces contained lu thu act or Jiiiie'!, 1S.H.'J, or the Immediate selrure or his person, deprivation or his liberty and less of his ollice, In case of ills neglect or refusal te make said paymenls, ami that he Is en titled te recover back from the defendant the moneys se paid mid claimed in this suit. The count for money had and received being governed by equitable principles, lies where where ever a defendant ct a ,un ct Wnieught te ro re luntl the money received. lly refunding the money se paid, (which said act belng unconstitutional and void) de fendant never had any legal right te demand, claim, rocelve or have, the plalntill will have returned te him that which always legally and or right belonged te him, and the do de lenilant sutlers no less or Injury -Is lelt Iu no worse condition or position than If said payments had never been made te or ro re ro eolved by it. We therelore enter judgment ler the plalntill ler thu amount et his claim (the amount being undisputed) te wit, the sum of ene thousand four hundred and twority-elght dollars anil sixty-six cetitfl (J1,I2&C0) with costs of suit agreeably te tlie previsions of the second section of the net of April 22, 1S7I. TJ5.VKIM fliOil l.USllUtf. Die (Ilul.tuiie C'ntilnnt llpltl ll I'lnal Meeting ami Will Itrslgll. Londen, July ;W. Probably the ilnnl con cen con leruncool Ihomemborsof the present cabinet was being held at Mr. (ilndstone's elllclal residence en Downing street this morning. The street was crowded with jioeplo anx iously awaiting' the result. The crowd was quiet and erderly. On the appearauce of Mr. Olailstone and a low et the mero promt premt promt tieut members seme slight choerlng was In dulged In. The cabinet meeting decided that the resig resig ttens et thu ministry should be immediately tendered te thu queen. On the appearauce of Mr. Jlorley, the chlet cecrebjry ler Ireland, at the adjourn ment of thu cabinet meeting te-day, he was loudly choered by the crowd that tilled Downing street ami the streets leading thereto. .1 Cham e f.u Treielyan. Mr. W. Jacks, Liberal-I ulenistciudidatu for Leith burghs, who withdrowlreui the con test 011 thu nomination In the Liberals et Mr. (iladstene, ami allowed the seat goby default, li.11 announced his intention et with drawing from the candidacy for that seat in a new election, for the purpese of permitting Sir (foergo Otte Trovelyan Hart, ox-chlef socretaiv of Scotland, who resigned from the cabinet bocause el his non-cencurrenco in Mr. Gladstone's home rule schouie, te con test the seat. Mr. Trovelyan was the Llbural-Unieuist candidate ler Hawick burghs and was de feated by A. L. llrewn, the lad8teniau call call dldate for that seat. Threat I'r.iiu Kusul.i. The Jhics' Peklu correspondent tele graphs that the "lussian lleet throatens tlie occupation of Pert I-a.irell, en the western coast of the Coreau peninsula, because of the occupation by I'uglnud of the Hamilton Islands at the southern extremity of Cerea. Moanwhile the Chinese lleet has proceeded toward Vladivosteck. The vislfct U10 Rus sian minister of war te the Kast Isle, is con sidered extremely signiitc,inU Victeria's 1'reiiMit Wliereilliuutj. The queen has armed at Osberne. tun .y.iSTV viluk i,vaml. Mr.. Uranltirtl (lives ll.n l.le llirett teller Al leged l'.i rumeur. Londen, July 'JO. In the Dilke-Crawferd diverce case, ovidenco wasadduced fully and clearly showing that Mrs. Crawford had com mitted ndultery with Captain Pester. Mrs. Crawford, en taking the stand, swere in tlie most pasitive terms that tlie confession undo by her was true iu every respect ; she de clared that she nlteu visited Sir Charles Dilke's residence, and was en overy occasion admitted by Sir Charles, who Immediately conducted her te his bed room ; she had never loved her husband. The latter was distrustful iu the evtreine and wns always suspecting her of wrongdoing. She bad nut spoken te her mother for three years. She married bocause her home was miserable. Mrs. Craw font then went Inte a long recital et the iucldents cenuected with her meeting with the woman l'aunie, at Sir Charles Dilke's house, ami the extraordinary things which took place at tli.it time. .uti:kmmn ti:i.i:.k vi'ine m:vs. Tlie 12: 10 express Irem New Yerk ran Inte a gravel train near the elevator 111 llrldgo llrldge llrldgo pert, Conn , smashing several of the gravel cars and killing and wounding a number of Italians en the train. Thu exact number Is net known. Nene el tlie passengers wero In jured. Samuel K. day, the absconding pension clerk of the Pittsburg ollice, lias been held lern further hearing in fl.OOe ball. D.inlel C. Keete, the young mini arrested with day, was discharged Irem custody. Tlie extensive plant of the I 111011 Machine nml Foundry cempmy, Allegheny City, was destroyed by tire this morning. Less, 2o, 2e, 000 te f.li.OOt). At nn early hour this morning the five story elegant Nottingham block, et brick buildings, an Kuclid avenue, Cleveland, Ohie, was gutted by lire. Less, fJO.UOO en building ;J50,uoe en stock iu art, paper and fancy stores. Insured. The parade of all nations wus the feature of this, the third day's celebration el the Albany, X. Y., bi-ceiiteunlal. Profuse doceratious ; great jiepular attendance. W. A. (ioise was apiKilnted postmaster ler Pitman, l'a , te-day. Twe hundred (ienium singers ami .100 olher excursionists lelt llullale torMllwiiukee te-day. The Lehigh Valley, Delaware A Hudsen, Delaware, I.ackawatui A Western, Lehigh Navigation, and the Pennsylvania Ceal com pany 11ml the Heading railroad have agreed uiKm '.1,500,000 tens et coal te be mined In August. The P. K. It. declines te go into the urrangement. At Walthatn, Mass.. llleycllst McCurdy falled in his attempt te beat the best Ameri can "1-hour record of liSl.'i miles. He completed 22 lull rounds of his l'J', mile circuit; making -7.i miles, and iu the twenty minutes left lilin cevered perhaps live miles mero. His dofeat is attributed ten troublo treublo trouble soiuo wind sulllcient te tell en a frail machine. Ata meeting of the national association of tube inanulacturera In Pittsburg te-day the scate el nriccs adopted nt the lust meeting lu New Y'erk was leulllrmed, The association will meet ;iu Philadelphia, August i'dh. Trude Is reperted fairly geed. Owing te the boycott 011 Lhrel's brew ery In New Yerk, his business is depressed and seme of his workmen will have te be dls. charged. A messougerhas lust lelt Louden bearing the formal resignations et the ministers te the queeu at Osberno, Isle of Wright. Tlie week's strike or the lasters iu 11. II. Fay it Ce., beet factory at Weicester, Mass., against the employment of non-unionists and et mero lasters than wero needed was ended te-day. The demands of the 111011 wero cou ceu cou cceded. Jas. I. Owens was appointed postmaster by the president for Scettdale, Pa., te-Uay aud Israel Campbell at lllalrsvllle, l'a. THU TREATY WITH ENGLAND. 1TH J'JWrJSIOtiH V.ylIKH IIIHVVHHIUX IS TIM milll.MUS. What l Thought OT It uml What Ol.Jecllen, Are Mails I17 Ilia Canadian I'arllntneiit, The rent ut the Trent y Heme Of tlie Nimv feature.. Ottawa, July '20. Tlie new extradition treaty botween the 1'nlted HtateH and En gland lias been under consideration by the Dominion cabinet rer seme time. The sub sub stnnceef the proposed treaty was made known seme woeks uge te Jehn A. Mac Donald through the Canadian high commissioner In Londen. It met the views of the Canadian cabinet te the very letter nml tlie Htigllsli governmont was nelllled te that ellect. The prevision making the malicious destruction of proerty an oxtradltable olleimo covering as It does crlmes of dynamiters and socialists gives the greater satisfaction. The only rock upon whicli the Canadian cabinet split was that section or part which speclllcally ex empts from extradition theso who have been cenvicted nierely or political ollenso as upon this the treaty is explicit. The majority wished te have this covered. 777.lT OT TIIK AIIUBBMKST. The Treaty of I HI," Intended lly It ti 1'iiur iltltlltl011.il Crime.. The full text of the conventlou rccently slgued in Londen by Minister Phelps and the l'arl el Koseborry, extending and adding te tlie extradition previsions of the treaty of lHI'A is given below. The convention exteuds tlie previsions or article 1, or the treaty et ViV2, te lour crimes net therein named, as fol fel lows : Manslaughter, burglary, ombczzlement or larceny Involving thoameuntorfOOorXlO, and malicious injuries te property, whereby the Ilfe el any person shall be endangered, It such injuries constitute a crime according te the laws el both countries. Whereas, lly the X Hi article of the Ireaty concluded Ihhwoeii the United States of America and Iler ISrl tannic Majesty en the Oth day et August, lSIi, prevision is made for thoextrnditionof persons charged with certain crimes; And, M'hcrcw. It Is new desired by the high contracting turtles that the previsions of the said article should ombrace certaiti crimes net therein spccilled, nnd should ox ex tend te lugltlvesconvicted of crimes specified in said article nnd in this convention : The said high contracting parting have ap pointed as their plenipotentiaries te conclude a convention for this purpese, namely, tlie president of the I'nlted States of America, IJdward J Phelps, envoy extraordinary nnd iniuistorpleuipetentlaryof the Uni ted States te the court or St, James etc, etc., Her Majesty, the Queen or the Uni ted Kingdom or (jreat Britain and Ireland, the Klght Honerablo Archibald Philip Harlet ltosebery, her majesty's principal socretary or state for lereigu ailairs, etc., etc, who, nfter having communicated te each ether aud due form, have agreed upon the following articles : AHTICMJ I. The previsions of the Xth article of the said treaty will be aud are horeby extended se as te apply te and comprehend the follow ing additional crimes net mentioned in said article, namely : 1. Manslaughter. Burglary. .1. Lm Lm Lm bozzleinont or larceny of the value et 550 or 10 aud upward. I. Malicious injuries te preperty whereby the llle or any person be endangered, if such injuries constitute a crlme according te the laws of the high con tracting parties. Aud the previsions of the said article shall liave tlie same ellect with resect te the extradition el persons charged with any of the said crimes us it the same had been originally named and specified in the said article. AitTicr.n 11. The previsions of the Xth article of the said treaty ami of this convention shall apply te persons convicted of the crimes therein respectively named and specified whose sen tence thereupon shall net have beeu executed. In the case 01 a fugitive criminal alleged te have beeu convicted of the crime for whicli his surrender is asked, 11 copy of the record of the conviction and et tlie sentence of the court before which such conviction took place, duly authenticated, shall be produced together with tlie evidence that the prisoner is tlie person te whom such sentonce refers. AltTICLn III. This conveutiou shall net apply te any et the crimes herein named and specified which shall have committed or te any convictions which shall have been procured prier te the date when the convention hhall ceme into foree. ak nt 1.1: iv. Ne fugitive criminal shall be surrendered under the previsions of the said treaty or of this conveutiou, ir tlie crlme iu lespect of wnicu ms surrcntier n ueuiamieu de ene 01 a political character, or if he proved te the coin potent authority that the said requisition for ins surrender has in lact been made with the view te try erpuulshhiui ror;acrlnieot a poli tical character. AUTICI.E V. A fugitive criminal surrendered te oither of the high contracting parties under the pro pre visions et the said treaty or of this cenven tien shall net, until he has had an oppor tunity of returning te tlie state by which be lias Deen surrendered, no detained or tried ler any crime committed prier te his sur render ether than the extradition crime proved by the facts en which his surrender was granted. a urn 1,1: m, The extradition of fugitives under the pro pre visions of the said treaty ami of the present convention shall be carried out in the United States and In her Majesty's dominion respec tively, subject te aud iu conformity with the laws reguiaimgexirauitien iortne time Doing hi force iu tlie surrendering statu. AllTlri.U VII. This convention shall be rati lied, aud the raUIieatlens exchanged at Louden as seen as lossible. It shall ceme into foree ten days ufter its publication, In coulermity with thu tonus prescribod by thy laws or tlie high contract ing parties, and shall contluue In foree until one or the ether of the high contracting par ties shall slguify Its wish te tormluate it, aud no longer. In witness whoreor the undersigned have signed the same, nnd have iilllxed thereunto their seats. Done at Londen tlie 23th day of June, lSbO, I Seal I KuwAitii Jehn Piu:i.r. Seal Kesi:ni:in. AT l'KXItrX VAltti. the (juetl Weather Secures Iirj;e Alteiidtuue ut This l'epulur lle.urt. The line woather et the past few days, net tee het for comferUblo travel aud uet tee cool for pleasure lu the weeds, has prometod a large attendance at the daily picnics In Pou Peu ryn park. The excursion of St. Antheny's Catholic church 011 Monday, was largely attended ; Tayler's orchestra oullvenod the occasion ami turnlshed the dancing music. The Odd Fellows are holding a picnic at Penryn te-day, ami tliey have a very large crowd. Kleveu car leads lelt the upper sUi sUi tlen en the special train aud ethers huve been going all day. Dancing will be kept up dur ing the ovening and the last train will net lcave tlie park for this city uutll between 0 aud 10 o'clock. An excursion picnle from Quarryiille and the lower aud will be held at Penryn en the isth Inst. Avery large gathering Is expect expoct oxpect od. Special trains will be run, and the (ii.tr (ii.tr ryville baud will accompany the excursion ists. Au.lfrliuii Itallmi). Bimi.tN, July 20. Docter Feters, the African oxpleror, proposes, after first contor centor conter rlug with Mr. Heury M. Stanley, te the con cen con structlen of a line of railway irem D.irossa D.iressa laam te the iutorier el Kast Africa. A raintiu. Veriueiiter Dead. IUtlanii, Vt, July '2d. Hen. A. L. Miner dled yesterday, aged 82. He fiad been a momber of Congress and a promlnent lawver and legislator lu Verment for hall a 1 century, Death of a Noted Mariner. Ciiioaeo July 20. A dispatch irem Whlte Luke, Michigan, reports the death of Captain Win. Williams of the ftdioenor Mary 12. Cook by drowning. He was kuocked ovorbeard by tlie Ikjeiii, whlle rounding te In Whlte Lake harbor and being an old man he sank bofero help could reach htm. CapL "Hilly," as he was lanilllarly called for years past, has bcen known in overy Important pert en the lakes nnd the Eastern shore, lie and his schooner are latneus as having miraculously oscaped destruction lu 1SS3 during a torrlfle gale In the spring of that year. Capt. Hilly and thoscheonor Mary Cook wero caught In tlie storm nnd driven before the wind right en the outer breaker. Three vessels bud geno te plcces by doing the nanie thlug but the Mary Cook leek n Hying leap evor the Impediment nnd leiind smooth woather and sare anchorage in the basin. Hew it occurred Hilly and his crew never could explain. I'arileneil iljr the I'reMcIent. CiinsTHlt Piiisen, UK, July 20. Jero A. McCrotes'camo liore last March te sorve 11 months for Illicit distilling In Nerthern Ala bama, and Bud lligglus has been hore for four years en a ten-j-ear sontence for rob bing a mall. carrier iu Texas. Yestenlay nftorneou the wardeu received elllclal uotlce or thelr pardon by Prosident Cioveland and tliey wero roleased at ouce. McCrotes was pardoned bocause he lias always been a peer Industrious iiirmeraml poaceablo citizen with a large and helpless family te support, llig gins, who belonged te a bad gang of stage robbers, receives clemency bocause he is in the last stages or consumption. I Car Drl.er A..ullctl. Omaha, Neb., July 21 At 10:30 o'clock night, as Julias Petorsen, a driver en the Park Avonue car line, was passing en Lake street In the thinly settled jwtlen of the city, a rough looking tramp cutered the car and assaulted the driver from the rear, cutting htm with a kulie. The rebber then threw the driver from the car, took the inouey box containing f 15 aud oscaped. I'etorsen was dragged under the car wheels and run evor, sustaining very serious Injuries. Owing te the killing of a car rebber hore last fall, by n driver, the city was supposed te be troe from a rocurrenco of such depredations. Prohibition In Mlssentl. Ji;rPi:nse.N C'itv, Me., July 20 Ureat oxcltemetit prevails In this htate evor the Prohibition question. Thore is scarcely a school district in which the Prohibitionist are net hard at work and se far tbey have swept nearly overy tiling. Olllclal reports show that iu a number of the counties uerth of the Missouri river dram shops have been drlveu out aatl licenses refused. Kev. Sam. Jenes, Kx-Oev. SL Jehn, Dr. J. A. Brooks, and a lifje nutnber of local Prohibition ora tors are holding temperance meeting all ever the state. They have socured pledges from throe-lourths of the nominees. Ijiwjers uu IViimeu'a Itlgbu. New Yer.k, July 20 The Xew Y'erk Ttmst te-day publishes the legal opinions of Klmemberseut et 57 of the New Y'erk bar whose views the Women's SullVage party have obtained en the claim that women are debarred by the state constitution from voting. The 32 endorse Hamilton Wilcox's legal work entitled : " The Legislature's Power evor Sullrnge," and concur with his opinion that the claim that the coustltutien disfranchises women has no legal louudatien. Many of these opinions are from lawyers of protuiueuco. A Trip Acres the Continent. Des ten , J uly 2a A special train will leave Bosten for San Francisce at3 p. m. te-morrow conveying Abraham Lincoln Pest 11, of Charlestewn, and a doUchment of Dahlgren Pest 2, of Seuth Bosten. A New Hampshire delegation will join the party at Wercester and at Springfleld a delegation w ill be added. The excursionists speud Thursday at Niagara Falls, running thence direct te St. Leuis, arriving Saturday morning, Kansas City will be reached that night, Het Springs en Monday, Santa Fe ou Tuesday morning, Les Angeles en Thursday ovening aud San Fran Fran ciseo ou Sunday, August 1. Here ami Martyr. Chicago, III., July 20 Kraest Hollsteck, an 11-year-old newsboy, whose parents re side ou Dest avonue, Lake View, paid with his Hfu for his bravery yesterda. Whlle he and several play fellows wero tlshlng In the large clay hele of ene of the brick yards west of Clybourn avonue in the afternoon, two or the boys fell from the steep bank Inte the water. Yeung Hollsteck jumped alter thorn and succeeded In rescuing both but was him self exhausted and sank and was drowned. .Matle Hint ray (Iter. Washington, D. C, July 20. Soveral weeks age Third Auditor Williams discov ered that Peusieu Agent Sweet, Miss Ada Sweet's father, owed the government a sum or money that still remained unaccounted rer en the books of the auditor's ollice. lie netltled Miss Sweet, and has just received a lotter from her in 12urepe, enclosing a check for 5S31, the amount of Mr. Sweet's Indebt edness iu full. Uiiju.t llatlru.ul Ul.crlmlualfeii. SruiNririELD, Ills., July 20. Suit has been begun lu thoTancamen county court against the Illinois Central railroad company who are accused of unjustly discriminating iu charging a greater rate for freight from Chicago tc Mnttoeu than te Kankukoe. The suit is brought at the Instance of the state beard of railroad and waroheuso commis sioners. lilltlni; the li.h Vliolti.ale. Pour Tewnsl-.nd, W. T., July 20. Several tugs coming up te Cape Flattery were struck Saturday night by a tidal wave, which ran be high that the tugs were buried at times. The commotion lusted about half an hour. Alter the waves hail subslded the sea was found te be cevered with (lead codfish, halibut and salmon. The lulerence drawn was that the wuv e was caused by a submarine eruption. Kiel's I'ellimera i'urdeueil. Ou'awa, July 20. The governmont has pardoned fiabriel Diiment and I'iorre Dumas, tlie bravest of Kiel's followers, and remitted the forlelture of their land and ellects. The only state prisoners still held are Dig Dear ami threo ether Indians who worecoucornod iu the Frog Like massacre. Suicide or 8175 Shortage. 12vansvii.i.i:, Ind., July 2a Henry C. Shaefer, et this city, conunltted sulcldeyester. day by sheeting himself through the head in tha preseuce of his wife. He left a nole te his employers stating that he was short (175 iu his accounts whicli his wife would settle. He was 2." years old. A .Mlilll.tlc Ihittle. Sr. 1'i:ti:iisiiuii, July20. The Warsaw police surprised a body of Nihilists holding a secret meeting last night and attompted their arrest. The Nihilists resisted desper. utely aud a terrlUe fight ousued iu which two pollce olllcers wero killed and soveral wounded. HKATlitiU VttUHAUlLlTlMa, C Washington, D. O., uly 20. Fer ICastern New Yerk, Eastern Pennsyl vania, Solaware and New Jersey generally fair woather, varlable winds, stationary temperature. Keu iYkdnksdat Generally fair weather and stationary temperature are indicated for he New England aud the Middle Atlantic states. P1UCE TWO OENTfcn AGAINST MOttRISON'S M0VB.Y HKVHKTAUT VAlUVUItV Attn TM4v" vitr.u.iuitituxuxTiiKMunrzvBtaavm,' , ' l Their Argument. Iletern the Banal CeamlKM el rinanee-Whr They OppeM II (Ml 1'rlnclple nml llemu.e or the Be- nll-Kcl. nnd Figure. vf.- ' ti $5 ... ...... , ,i irAsiujiiiTON, i. u., Julyse.-TueSMwmnt? iinaucoeemmiltoo te-day began the oeuMA oration el the Morrison surplus reaelutiM Acting Secretary Falrchlld nnd TnuiiM. , Jerdan npioared bofero the commute frr' invitation te nrosent the views or tin Hmt. : istratleu and such Information as the com- 'V miiioe desired. Mr. Falrchlld said (he resolution was m ellortenthopartofthologbilallvo branch of tlie government te Impese a new restriction upon the oxecutivo brnnch uet heretofore' thought nocessary, anil In this view the rep rep rep rcseutatlvoseftlioadmlulstratlon were hardly Ht liberty tOlllscnsa llm tnnrll. nfllin niul. 11011. He speke en the assumption that the administration was fully couimllted te, and in sympathy with the policy el applying the surplus te the redemption or interest-DOM. Ing debt and retiring such debt as rapidly as prudent administration and sound polley pormitted. This being assumed, tha treasury dopartment could net see a single argument in favor or the resolution; whlle lie could oe numer ous aud sorleiis objections and ill oHecUi and ombarrassinents te arise front such arbitrary legislation, It was, in his opinion, Impowlble for any human belng te leek se far Inte tha conditions of the future as te tell In what amounts and at what Intervals bends should be called and redeemed during tlie next year. Mr. Falrchlld responded te a number of questions by members of the committee, aa te the etlects of the resolutions ; his state-ment-s indicating the belief of the treasury that the department would Imj greatly ombar embar ombar rassed and Its obligations violated. Treasurer Jerdan submltted a series of tabulated statements and written replies te questions previously propounded by mem bers of the committee, mainly of a statistical and technical nature. It is net probable that the commltteo will Invite any ether porsenB te appear bofero it A LIVELY niSflVflVlATlUX. Ilepresentutlie Hatch Denies That lie lift AllMearl Hatter-Maker. iVAHiiiNOTey, D. C, July 2a In tha Heuso Mr. Hatch, or Missouri, rising te a quostlen of privilege sent te the clerk's desk and had read an extract from the apeeeli made iu the Senate yosterday by Senater itigatis te tuoellect that n "mere shame ful spectatcle was nover presennted te the American poeplo thau the oleomanrarlno bill," supported in the ethor Heuse under the londershlpol the chairman of a commit tee who is himself engaged in the dairy business, who lias a herd and a farm ; whose product he sella in the market and upon which he rolies for support, ie , Ac "Mr. Speaker," said Mr. Hatch, "every gentleman en the fleer will agree that In roferenco te me as chairman of the commit tee en agriculture of the Heuso of Represent tatlves by a senator in a discussion of a bill that passed this IIouse is lu violation of every parliamentary rule and in violation of every manly and decent instinct that ought te ae ae tuate a member of oither el theso beuses. Tha . respect which t have for this Heuse and its members alone deters me from characteriz ing this attack as it ought te be characterized. I deslre te state that when this gentleman connects my naine with that of the senator irem New Y'erk. (Mr. Mlller) who was pres ent, had the rights and privileges et the fleer and could defend hlmsell in the statement that I am personally Interested In the pas pas sage of the oleomargarino bill, and that I do de do sorve my support or any part of It, Irem the product of a herd of cows en my farm, it la simply a completo and gratitueus falsehood. Thore is 110 truth In it aud ue foundation for IU Mr. Hatch regretted that lie was net the owner of a dairy farm iu Missouri. lit had no ether interest in this bill than had every consumer of butter. The charge that he was persenally Interested was a lalsoheod ; tha charge that he had doscended te vulgarities and personalities was the greatest falsehood el the Ilfe of the man who uttered It He (Mr. Hatch) was net in the habit or descend ing te personalities and vulgarities. He left that te Hew from the mouth of the senator from Kansas ' that wombel slander and detraction." ICeiluced the Tax. 3:20 r. m. The Souate, en motion of Mr Ingalls, by a vote of 32 against 28, has reduced the tax proposed te be Imposed en oleomar eloomar oleomar garino from 5 te 2 centa per pound. Tun cunnusT iidsinkss. On motion or Mr. Crisp, (G.i.) Senate bills were passed for the construction of bridges across the Tennessee and Cumberland rivers. The Senate amendments te the naval appro priation bill were non-concurred in. Messrs. Herbert, Hunt and Uarmer ;wero appointed ' conferees. The river aud harbor bill was reported by Mr. Willis, Ky., with the recommendation te non-concur in the Senate amendment, but en yi a point of order by Mr. Uepburn, of Iowa, wnv rnfWrnd in thn cnniinltlnA nf thfl whole. Mr. Hewltt, of New Yerk, reperted a rese- 1s lutieu calling for the correspondonco relating J3 te the Mexican treaty. Adopted. The Heuso then went iute commltteo of tha whele en the amendments te the river and harbor bill. A l'retpect of Adjournment, July 38. Wasiiixoien, D. C, July 20. The Heuso commltteo en ways and means at its meetljig this morning, adopted unanlmeualgJAfe reso lution Introduced yesterday afternoon by Mr. Morrison providing for the adjournment of Congress at 3 o'clock p. m. en Wednesday, July 23. Opinion iu the Senate is divided aa te whether adjournment shall be en Katur- ,.n- Tnlv .list., or nn Mendnv. Aumilt2d. ....J,- .J ....., . ,, t - . r The latter date is mostly spoken et Mg; Ne Vete Tills Tluie. $ Wasiu.notem, D. 0., July 20 The prest- (lent lias sigueu uiu uiu iur iue cuuiuutiuw ; Ol a uriugu acrusB uiu uiaeiaaij'i'i uvv a Dubuque, Iowa. if. ' Carete.. Waiting. Yosterday, wnue tue wemruen wne arc a-,,5 CaVU.lUK Ul tun UIU t,iH,iuiw i'ivytj ww mm ' 1110 1 euusy ivuuia euiuuii i,eiuui.uuft.uHPf il.ew thrnwr h mass nf stones clear out nma .' j the railroad track, and seme of the atenMJ tin. .- JM'.l.. rt llltAaltlttl UtFIXAT . - Te-day, whlle workmeu were blasting la J. West Chestnut street in irent or uenjamw 1. Miller's, the blast was net preperly pwS tected and atones uew in all directions, ea?. of them crashing through Mr. Miller's treat J windows ami ureaKtug a large pane 01 paw, glass. .r - f. A ltesutKulllIrd. . f-y Last ovening two men from the eaifhss' heed or Landlsvllle, brought te thUsttfjl lieautirul nrana which they shot lu CBMatlSS creek. It was pure white n?TfrJ, "J Jehn W. Hubley. the r''0,1'"? BSJ-" chasedit and will have It njounted. . bird wus killed by a ball rem jiimH ri whluU plorced Its lieck.se that tt was ". a UMtilute rsmlly. ' ".1 i,.M 1. . .institute family at Ma 625 1 llfltver street, and their name Is 8uU james SuIUtM, U "'i "? -J chilureii. the yeungrt belagbaUwej or age, are leii, anu ww'w- Ofllcer vyenumHui wu ibw tlens for me iauiuy uun mj 'j; M-j 3 31 fi VS d m m i 1 V t . O
Significant historical Pennsylvania newspapers