Democratic watchman. (Bellefonte, Pa.) 1855-1940, October 22, 1909, Image 6

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    Beilefonte, Pa., October 22,1009.
DEFEAT THE ¢ 14s sac .UMENT
Such a Provision In Our Fundamental
Law involves Danger.
The proposed seventh amendment to
the ccastitution is absolutely without
merit. Its only purpose is to increase
the power of the political machine
over the will of the people. For some
Years the machine managers have
been striving to usurp the power of
naming election officers. During the
session of the legislature of 1905 an
attempt! was made to transfer the pow-
er of filling vacancies in election
boards in cities from the courts to the
commissioners. It failed because the
country members of the general as-
sembly appreciated the peril involved.
The proposed constitutional amend-
ment is simply another attempt to ac-
complish the result.
No thoughtful man can misunder-
stand the purpose which the projeec-
tor: of th's scheme have in mind. It
is to take power out of the hands of
the people and lodge it in the hands
of the party machine. The most potent
political offices in all our electoral sys-
tem are those which compose the elec-
tion boards. The judge and inspectors
of elections have almost the power to
determine the qualifications of a voter.
Thousands of men can be denied the
right of suffrage upon technicalities by
them. For that reason election officers
are chosen with great care by the vot.
ers. In many instances the candi-
dates of the opposite party are chosen
because of their known integrity, not-
withstanding tbey belong to the mi-
nority party in their districts.
If the legislature, drank with power,
as that of this state frequently has
been. should determine to seize the
advantage of corrupt and partisan
election boards, the adoption of this
seventh amendment to the constitu-
tion opens the way for them to ac-
complish that result. Every voter
should set his face against this dan-
ger. It is not a question of political
principles. It is purely a matter of
party iniquity. Such an amendment
to the fundamental law of the state |
will work grievous harm, and the way '
to avoid that result is to defeat the!
proposed amendment. There is little, if |
any, good in any of the amendments,
but there is vast evil in the seventh.
Don't Forget.
[From the Philadelphia Record.)
An extra session of congress was |
called by the president to redeem the
promise of the Republican party plat
form to revise the tariff so as to ef-
fect a reduction of duties. But the bill
as enacted increased the duty on man-
ufactured celluloid about 15 per cent; |
on unmanufactured pummice stone by
100 per cent; on razors, 60 per cent;
on watch movements, 100 per cent; on
shingles, 66 per cent; on hops, 33 per
cent; on figs, 25 per cent; on dates,
100 per cent; on lemons, 50 per cent;
on pineapples, 15 per cent; on cotton |
stockings, 33 per cent; on hemp, 10]
per cent; on matting, 16 per cent; on
writing paper, 50 per cent; on quilts
made of down, 20 per cent; on artifi-|
cial or ornamental feathers, 50 per!
cent; on manufactures of leather, 14
per cent; of fur, 14 per cent; of India’
rubber, 16 per cent; of bone, 10 per
cent: of willow and willow furniture, |
12 per cent; on willow for basket mak: |
ing. 26 per cent, and many other in.
creases. i
There were some reductions, but the
duty on wool and woollens remains ab-
horrent and untouched; and the duty
on cottons was essentially increased.
A more stupendous fraud was never
perpetrated upon a long-suffering na-
tion.
Pinchot's Idea of It.
Probably Forester Pinchot over
states the case when he says that
“the lines in this country are being
pretty closely drawn between those
who stand for good government and
those who stand for special privileges.
| judge of that city, and will be found
| reported in full in 210 Pennsylvania,
JUDICIAL SALARIES AND
THE CONSTITUTION
Von Moschzisker Did Not Ex-
press Intent of Framers
of Organic Law,
JUDGES ARE PUBLIC OFFIGES
Debates In Constitutional Convention
Clearly 8how That Delegates Were
a Unit In That View of the Subject.
The general assembly of Pennsyl-
vania passed an act, approved the 14th
day of April, A. D,, 1903, entitled: “An
act to fix the salaries of the supreme
court, of judges of the superior court,
judges of the court of common pleas
and the judges of the orphans’ court.”
Before the passage of this act the
total compensation paid out annually
for these judges in this state was
$566,000; by reason of the passage of
sald act the total pay of judges was in-
creased to $1,011,500,
The constitution of Pennsylvania,
section 13, article III, reads as fol
lows:
No law shall extend the term of
any public officer, or increase or
diminish his salary or emoluments
after his election or appointment.
* The state treasurer, under his oath
of office to obey and support the con-
stitution, refused to pay the judges the
increase given them by said act of as-
sembly on the ground that it was in
direct violation of the above provision
of the constitution of Pennsylvania. A
writ of peremptory mandamus was is-
sued by the court of common pleas of
Dauphin county, at the instance of the
attorney general, for the use of certain
judges therein named, including nearly
all of the common pleas judges of the
city of Philadelphia, to compel the
state treasurer to pay the said in-
crease. This case was heard and the
opinion written by Judge Robert von
Moschzisker, of Philadelpria, who was
then, and is now a common pleas
commencing at page 372 in the case
of Commonwealth vs. Mathues.
Judge von Moschzisker decided that
the above act was constitutional and
that the judges were entitled to the
increase of salary given them by said
act, notwithstanding the plain provis-
fons, above quoted, of the constitution
prohibiting such increase. In order to
avoid and over-ride the above plain
language of the constitution, Judge von
Moschzisker decided that a judge is
not a public officer within the meaning
of the above quoted constitutional pro-
vision. This was a startling proposi-
tion, not only to the legal fraternity
throughout the state, but to the lay-
men as well, The question has been
asked throughout the state, both by
lawyer and laymen. “Suppose the
above act decreased instead of in-
creased the judges’ salary, whether or
not Judge von Moschzisker would then
have found that the above act was
constitutional and that the judge was
net a public officer within its mean-
ing?"
There can be no misunderstanding
of the language of the above constitu-
tional provision. It is as plain as the
Engiish language can make it. “No
law shall extend the term of any pub-
lic officer, or increase or diminish his
salary or emoluments, after his elee-
tion or appointment,”
Judge von Moschzisker, finding that
the language of this provision was too
plain to be explained away, then bases
his opinion upon what he terms to be
the intent of the framers of the con-
stitution of 1873, in which the above
provision appears, and tries to show
that the framers of the constitution
did not consider a judge a public offi
salaries of judges as I have seen
regard to the increase of compensation
of any other officer.”
Mr My eContiat) Lan in favor of
utti udges on same footing
With svary other officer in the state.
* »
Mr. Howard—"I hope that amend-
es are
ment will not pass
the most importunate beggars have
their salaries Jucreasen we have in the
The amendment was defeated. Yeas,
36; nays, 55. 417, 418, 419, 420.
Vol. 7, Convention Debates.
Mr. Calvin subaaquently moved to
amend section 18 cle V., b Snsert
es
8
-
ing the words, “but which (
Ei a peel, which
amendment was re . Page
Vol. 7, Convention Debates.
On Oct. 29, Andrew Reed moved to
amend the 17th section of the schedule
by inserting the words, “nothing con-
tained in this constitution shall be held
to reduce the compensation now paid
to any law judge of this common-
wealth or prevent the same from be-
ing increased by law.” In support of
his proposition Mr. Reed said: “I am
aware that the section Jrovides that
the le, ure shall fix the compensa-
tion of judges, but when they fix it, it
remains fixed and cannot be increased
during the term of any judge in the
state,
Mr. Buckalew raised the int of
order that in one of the Toru arti-
cles of the constitution finally passed,
it was provided that salaries during
fixed terms shall not be increased or
diminished, and that it is not in order
in this way to repeal that provision in
one of the regular articles and provide
that salaries may be increased by
a
Ww.
The chair having ruled against the
point of order, Governor Curtin said:
‘I do not think that the salary of any
official in the state should be increased
or diminished during the term for
which he was appointed or elected. If
I were a member of the legislature 1
would vote them a salary of the ut
most liberality, but when T had estab:
lished an office and fixed the salary,
and a citizen of the state goes for that
office and goes for that salary he
knows what he is after, and I would
five him no more during the time of
is official tenure.” The amendment
was defeated. Yeas, 35; nays, 51. Pages
501, 502, 503, 504, 505, 506, Vol. 8,
Convention Debates,
A short time before the final ad
jousnment of the convention, Charles
. Buckalew, chairman of the commit
tee on revision, with the approval of
that body, drafted an address to the
voters of the state, In which the
changes in the fundamental law were
set forth. The address, which receiv:
ed the endorsement of the convention,
contained the Following interpretation
of section 13, article IIl.: “No commis-
sion of a law judge is disturbed, and
the existi Jroyision that no judicial
sala decreased during a ju
diclal term is preserved, with the ad:
dition that it shall not be increased
uring such term.” Part 2, Journal of
the Constitutional Convention, 1873.
In 1889 Governor Beaver, now 8
judge of the superior court, vetoed a
bill similar to that affirmed by Judge
von Moschzisker. In his veto message
he said: “There can be no doubt that
if the present bill become a law and
the present judges of our courts were
to avail themselves of its provisions
without legal protest from any quar
ter, the bench would be degraded in
public esteem and its decisions upon
other questions fail of the respect
which they now receive and to which
they are undoubtedly entitled.” He
significantly added that he disapproved
the bill “in order that the dignity and
purity of the bench might be held
above suspicion and that the mandates
of the coumstitution be not even ques.
tioned.”
Robert von Moschzisker, the Phila
delphia judge who declared the act of
the 14th of April, 1903, about increas
ing the salaries of judges, constitution.
al, and that the same was not in con:
flict with section 13, article IIL, of the
state constitution, because a judge was
not a public officer within the mean:
ing of said section, is the same Robert
von Moschzisker who is now asking
the suffrages of the people of Penn
sylvania to elect him to the supreme
bench of their state.
The {issue is clean cut before the
people of this commonwealth in thia
contest between Cyrus LaRue Munson,
the peoples’ candidate, and Robert von
Moschzisker, whose nomination was
forced upon the Republican party at
the dictation of the Philadelphia con:
tractors’ combine.
The greatest privilege of American
citizenship is that of voting. It is the
supreme test of political and civic lib
erty. Patriots in all periods of civili-
Se —
Trouble For Creditors.
Even the simpiest law transactions
seem to be beyond the comprehension
of some people, An old farmer went
into a grocer’s shop a short time ago.
ordered a sovereign's worth of goods
and when they were ready for deliv-
ery laid down a five shilling piece in
payment thereof,
The shopkeeper called out, “Here,
this isn’t right!” as the customer start-
ed to leave,
“Oh, yes, that’s all right,” replied the
man. “I've got permission from the
judge to pay 5 shillings in the pound.”
A heated discussion revealed that
the man had lately settled an insol-
vency upon this basis and expected to
continue that method indefinitely.
When he was shown his mistake he
was very indignant and evidently con-
sidered himself a much abused man.—
London Globe,
She Wasn't Superstitious.
“Mary. Mary.” cried Mrs. Johnson
to her maid, “what shall I do? I've
just had a most dreadful accident and
don’t know what's going to happen.
I've broken my new hand glass, and
you know how unlucky it is to break
a looking glass. It means seven years’
unhappiness.”
“Lor, mum,” replied Mary, “don't
you set no heed on that. Look at me.
I'm not fretting, and I've just broken
the large pler glass in the drawing
room."”—London Fun,
Leftover Material.
Barbara, aged four, had always been
allowed to make small cakes out of the
scraps of dough left from the morn-
ing’s baking, so one morning after be-
ing sent to gather the eggs she came
running in with a very tiny one and
exclaimed: “Oh, mamma, see this little
egg! It must be that’s all the dough
the hen had left!”—Delineator,
Ups and Downs.
“The world is full of ups and downs,”
quoted the wise guy. “That's right.”
agreed the simple mug. “We are ei-
ther trying to live up to a good repu-
tation or trying to live a bad one
down.”—Philadelphia Record.
~—Do you know where you an get ac
fine fas mess mackerel, hove out, Sechler
& Co.
Children Cry for
Fletchwr’s Castoria.
When the door is looked against yon is
oan he opened hy breaking the look or using
a master key. When the bowels are oon-
#'ipated they can he forced with violent
purgatives or opened delicately by the use
of Dr. Pierce's Pleasant PaNees. Thay atv
the master key to the human system when
the bowels are closed.
garden seeds in packages or by measure
Sechler & Co
Important to Mothers.
Examine carefully every bottle of
a safe and sure remedy for infants and children,
and see that it
Fine Job Printing.
JUNE JOB PRINTING
Ome A SPECIALTY wo
AT THE
WATCHMAN OFFIOE.
There 1s no style of work, from the cheapes
Dodger" to the finest
$—BOOK-WORK,—t
that we can not do in the most satisfactory mas
nar, and at
Prices consistent with the class of work. Call or
or communicate with this office.
Flour and Feed.
Lyon & Co.
Lyon & Co.
LYON & CO.
Special Low Prices
—) IN
LADIES’ COATS, COAT SUITS, AND
CHILDREN'S SUITS.
For the next jo days we will make a special
sale of Ladies’ Coat Suits, new Winter Coats, and
Misses’ and Children’s Coats.
A handsome Chiffon Broadcloth Coat Suit in
the new long coats (black only); regular price
$28, special sale price $21.00.
A line of new colors and black in the striped
cloths and the new plaited skirt with the new long
coats; regular prices $20, special sale price Sr7.
Another large assortment of all new shades in
Coat Suits; regular values $18, special price $15.
$:2.50 Coat Suit, special sale price g10.00.
Ladies’ Rain Coats.
Ladies’ Silk Mohair Rain Coats in blue; regu-
lar value $10, special sale price g8. 50.
Ladies’ Silk Rubberized Rain Coats in blue
and green; regular val. $15, special Price $12.00.
———————
Clothing, Shoes, Hats, Carpets, Comfortables
and Blankets all at Reduced Prices.
We are agents for the Butterick Patterns.
LYON & COMPANY,
47-12 Allegheny, St., Bellefonte, Pa.
Bellefonte Shoe Emporium.
ssi
—
|
A MISTAKE
IN BUYING SHOES.
FS
Retail shoe men in order to get their shoes
when they want them, and get them as they want
them, must buy six months in advance of a season.
It is very hard to tell just what is wanted in styles
as the styles of shoes change very quickly. I for
one, made a mistake this season; purchased too
many iace shoes.
Lace Shoes are Not Wanted
—Springfield Union. Button Shoes have the floor. ]
cer within the meaning of article III,
section 12, of the constitution above
quoted. That the judge is a public
officer as much as any other public
officer, elected by the people and paid
by the people, was so considered by
the framers of the constitution of 1873,
is shown beyond dispute by referring
to the records of that convention; this
zation have jeopardized their lives to
secure that great right. Yet there
are thousands of citizens of Pennsyl
vania who will neglect the opportun-
ity to vote at the coming election be
cause to avail themselves of it wili
cost a brief period of time and some
trouble. We hope no Democrats will
be so neglectful of their duty.
Retribution In the Ballot Box.
It seems more than likely that the
humble consumer will hand it back to
@ongress, and with some interest, the
mext time election day rolls around. —
“Washington Herald.
-
(URE Y. WAGNER,
Baocxenuorr Miss, Beoueronrs Pa,
I will sell at once all my new fall Ladies’
Shoes, in Lace and Blucher,
AT A BIG REDUCTION, i
FEED, CORN MEAL, PEt.
© According to the present range of
prices, the ultimate consumer in these
plantations may be driven to reside in
an igloo and feed on pemmican.—Prov.
Jdence Journal.
r Grateful.
. ¥eung Lady-Give me one yard of
judge's salary could be increased dur-
very question as to whether or not a
ing his term of office was fully debated
and passed upon in that convention,
as the following quotations from con-
vention debates will show:
Election day is not far distant, but
‘there is ample time between now and
tben for an industrious Democrat to
see a dozen or more neighbors and
urge them to attend the election and
Also Dealer in Grain.
Manufactures and has on hand at al!
times the following brands of high grade
WHITE STAR,
Sale begins at once. Must sell them before the
season becomes advanced. Will not hold them
until they become old.
To the Ladies’ that wear Lace Shoes now is
the time to get New Fall Shoes at a big reduction.
. OUR BEST.
“why. ‘haven't 1 seen you before? | Mr. Calvin—I move to go into co of | Vote. A full Democratic vote guaran- Dorothy Dodd, John, Cross, and Clement
Draper's Assistant—Oh, Maud, bave | aniaoa OF ‘48 NPIS‘ J0° BSTPO% OF | tog 4 complete Democratic victory|d HIGH GRADE, a i
you forgotten me? 1 saved your life nL bs adding a o ords, mesqept sud that Schievemen | I» Yoke all VICTORY PATENT, hoes.
t the ide last summer, Young ny “| would cost if every
a TT Co state gave his entire time to it dur PA IATENT jorusy pra $4.00 Shoes now #3. $3.50 Shoes now $2.75
did. Then you may give me two yards ing the interval. — : and a big lot of $3.00 Shoes now at $2.00.
of the ribbon, please.—Illustrated Bits. The only piace in the county where ;
The fact that the defeat of the Re- SPRAY, Ladies, this is a chance you cannot afford to
lad With Fried Cheese. «i .
pT I in the usual way publican ticket this year would com: Spring wheat Fai nt de of miss if you like Lace Shoes.
with French dressing. Have a ull pel y the Republican amagers:ts nom ad, Remember the sale starts at once and lasts
ee a ought to be sufficient reason to guar |} 4LSO: until all the Lace Shoes are sold.
Seaten eng, toi thew 10 dus bles ree memo But there are iomo(d INTERNATIONAL ST0CK FOOD. Do not put it off until the best are all picked
Shuuibe 108 ovo do Tot, DOF ALL BINDS, . out, come at once, or you will be for it later
to brown us quickly as possible. Serve of other reasons. Whole or Manufactured, ’ ’ sorry .
with the lettuce.—Boston Post. oT fn i . = -
Passing Events. : can afford to give a little time Exchanges Flour for Wheat.
ents, and siross is is current. No YEAGER'S SHOE STORE,
‘events, and strong cul 0 :
scone 1 thing brought o ght than successor to Yeager & Davis.
1 swept DY aed smother takes h Arcade Building, B
Re Bg be swept Bus 8 ELLEFONTE, PA.