The Columbian. (Bloomsburg, Pa.) 1866-1910, May 25, 1877, Image 2
THE COLUMBIAN AND DEMOCRAT, BLOOMSBURG, COLUMBIA COI NTY, J3 A. BB0CKWAY& EWELL.Edltort. BLOOMSBURG, PA. Friday, May an, 18 77. TIIK JAlIi dllKSTIOS. In another column ol the Coi.UMiiAN,we give theclearanil emphatic opinion of Judge Elwell (concurred In by his associates,) on the much debated Jail question. His language as to the rights and duties of the Commissioners Is so plain that"tbo way far ing man though a fool need not err there in." We have not charged that the majority of the Comunsioners who favored the Wetzel scheme acted from corrupt motives. "To err is human," and even Commissioners may make tniitalct. Hut as thclrepresentativcs of the people, elected by them to act as their ajentj In the management of County affairs, due caution should havo been exercised, as well us proper deliberation.for the Commissioners are but the servants ot the people who elected them. Men who forget this principle fre quently come to grief. Hut the majority of the Commissioners having discovered their mistake, having learned that the lowest bid which they rejected in such undue haste wus made in good faith and upon good security, having learned that the l'ursel lot was not only unfit, but too tmall for the plan, having learned that Wetzel, tho ar chitect, was a schemer and jobber of the first water, having learned that the mass of the people wcrcopposcd to the job, they should have cither rescinded the contract as they had the right todo,orhave said to the Court "ivo leave the matter to your discretion and judgment." Instead of this they re fused to listen to the petitions of the people and tho warnings of friends, and went into Court by counsel and insisted that the outrage should 1)3 consummated. It was painful for us to open up this sub ject, and expose it with all its deformities. It was an attack on tho political stronghold of the county the place where the loaves and fishes are dispensed to favorites, and tax-collectors appointed.as a rule.for politic al services. It is the power that has dicta ted party nominations in the past, and if unchecked will do Jso in the future. We ful'.y expected the co-operation of our co temporaries, but all were either silent or de fended the iniquity, whether from timidity or the promise of public "pap," we know not. At first it was a lone fight, but the veople came to the rescue, and the Court has In ill it imvv band unon the conspirators who would have robbed the County. In no sense is the victory a partisan one : and as I Democrats wo are glad that one of the two Commissioners who brought about the mat ter and was most active in it, it a Re)ntb lican. OUR AGillCULTURAL SOCIETY. This body met at the Opera House last Saturday and selected officers for the ensu ing year. The rule that no one could vote unless he had purchased a membership tick et was strictly adhered to. Tickets with checks or complimentary tickets do not con stitute membership. The proceedings will bo found in another column. That they were all cut and dried was evident, and the meeting in the Opera House was simply to ratify what had already been arranged. The officers are all men of character and experience ; and the people may, therefore, expect many radical changes, as well as needed improvements in the management of the Society. The fact that all the executive officers are farmers does not necessarily mean that Agriculture alone is to be repre sented and considered. Inasmuch as citi zens of all classes contribute to the success of the Society, so each ha3 an equal right to participate, nor should there be any discrim ination. We hold that the man who places on exhibition a first class carriage or wagon is entitled to at least as much consideration as the man who produces an enormous quash or pumpkin that the exhibitor of a ewing machine should receive tho same re spect as the man who claims a prize for the largest bull. Our idea of a fair is that it should represent not only our agricultural and horticultural nroductions. but all that is useful in Mechanics or pleasing and ben eficial in the Arts. Of the errors and mismanagements of the past we do not now propose to speak, but hope the Society will get out of the old rut. While our Fairs in the past havo been sue- cessful in point ol numbers, ana theretore pecuniarily, that result was not obtained be- cause of the excellence of management, or merits of the articles exhibited. Permanent grounds ami suitable buildings aro neeaeu. Additional patching is money wasted, and after all we have nothing but the miserable sheds which a farmer would deem unfit for his cattle. The buildings should be so ar ranged that each department should be by itself, and ample space given for the display of all kinds of goods. This would Invite additional competition, give security against damage from rain, or loss by. theft, and be an additional Inducement for people to at tend. MU. KEY. We took occasion some time since to ask what 3Ir. Key, our halt-Postmaster General represented in the Cabinet. Sir. Key him self has Informed us, by means of a letter which he recently wrote to his brother at Chattanooga. In that letter he states that un less the South sustains the Administration Mr. Hayes "will be compelled to use his of ficial patronage In such a way as to give him strength in his own party." This is a dia tlnct and definite bid for Southern support, the most flagrant this country has ever known. Mr. Key appears therefore as a sort of go between a mouth-piece of the Administra tion nominally a Democrat but In reality only a figure-head to allure the silly and thoughtless, or venal and corrupt Southerners into the Administration ranks. Ab Key has in his own words given us his position, it must be taken as correct. It is hard to e how an honorable man can remain In the Cabinet noiuiug sucu views ami pretending to be a Democrat. II. J. Recdcr, of Northampton couuty, is mentioned as the Republican candidate for Auditor General. This distinguished gentle man Is one of the three Fish Commissioners of the Stale, tho knowledge of which fact will undoubtedly endear him to the eoplo. it uo were to bucceed uo better us Auditor Genenlthan he has as Fish Commissioner the tumult of popular Joy on his retirement from office would bo bowclhing to bee. There secni to be two things in tho Way however i href, lie can t get the nomination; becoud, lie could ho would not he elected. Still They Come. Wo publish the following immca of opponents of tlio Jnil contract, received since tho Columbian of last week was printed. To John HuRNnn, Josr.ru E. Sands an Silas W. McHenry Commissioners of Columbia uountv : The undersigned citizens of said County respectfully represent to your board that they aro opposed to the erection of a County Pris on upon the scale of expenditure contem plated in the recent proceedings, and are of opinion that tho said Prison should be erected upon tho lowest availablo and sub stantial plan and contract which can be se cured for tho same, affording sufficient ac commodations, and not upon an objectional location at high cost. And In view of the complications and popular dissatisfaction which have arisen over this subject, they re quest your board to dismiss or suspend pro ceedings for erecting a prison upon the Wet zel plan involving an cxpenso which will bo unreasonable and oppressive. riSltlNfiCRIXK, E. J. JlcIIenry, Daniel Edgar, Hobert M. Ever, J. S. Woods, Jr. 31. W. 3IcIIeury, J. I). Fulmcr, .Clarencn Price,. Hiram Karns, C. A. Emery, A. J. Kline, Hiram Depoe, C. H. Karns, II. W. Kline, S. D. Kline, T. I. Hess, J. SIcMichael, John Sutton, Stephen Drescher, G. W. JInsteller, Stott JlcIIenry, Charles Ash, Andrew J. Ikeler, Peter Colder, Asa Y. Hess, Frank Wolf. G. H. Pennington, Isaiah Ruber, George Raber, Wm, Ikeler, Wm. S. Ash, W. il. Wnltenlghl. J. V. McHenry, Silas JlcIIenry, illrani Alcllenry, Jloses 3IcHenry, CATAWIS3A. S. B. Diemcr, Geo. 3Ianhardt, Henry Hollingsneao;, S. 11. Johnson, J. II. Fortner, J. Chambers. L. Delancy, Isaac Thompson, Wm. K. Long, John Overdorf, S. Z. Garman, E. W. Rutter, Samuel E. Jones. T. F. Herder, W. F. JIanhart, Jr. P. S. Robison, J. II. Geary, 31. 31. Hendershot, J. B. Knittle, J. K. Sharpless, N. D. Harman, Truman Harmon, Flemons Jacoby, Isaiah John, Wm. Schlee, Wm. Stocker, S. Booth, B. Booth, C. D. Hamlin, Edwin Hause, I. L. Shuman, J. S. Kreigh, J. W. Masteller, P. H. Jliller, S. F. Fredericks, C. R. Funston, W. H. Creasy, Daniel Kreigh, Joseph Walter,! Wm. Sharpless, B. W. Fortner, 3Iad. Gcigcr, F. H. Longenberger, G. K. 3Iudgett, Lloyd Fahringer, Calvin Clark, F. W. Wagner, O. W. JIargerum, Perry L. Waters, Geo. S. Gilbert, L. P. Osmun, Wm. B. Robins, 31. D. John McCay, J. P. 3Iurray, Joseph Clewell, Henry Horner, Henry Jones, Jno. K. Bobbins, 31. V. B. Kline, W. L. Eyerly, D. W. Walter, C. E. 3Iargerum, Wm. 31. Geiger, G. L. Kostenbauder. Daniel Zarr, Daniel Hclwlg, Hamilton Fisher, Samuel Long, .Mahlori Hamlin, B. F. Dallmon, David Uitten, Lewis Hayhurst, Charles Schmlck, Lorenzo Hartmau, Michael 3Iensch, Charles Hartman, II. r. Ulark, Moes Homer, L. B. Kline, H. J. Strouse, N. E. Krum, y V"" Joseph JIartz, Wm. John, Jesse Jlensch. Peter R. Baldy, William G. Laitzle, Charles Kreigh, Geo. Guinn, J. M. Smith, C. S. Smith, J. B. Kern, S. D. Rinard, G. 31. Williams, A. Richardson. E. H. Leisenring. C. F. Harder, Jlnthias Hartman, Daniel Gensel, B. P. Fortner. John Ritter, u. Kills, Albert Yettcr. Jacob B. Yetter, Wm. U. Henrie, I. S. Monroe, G. Huehes. Geo. II. Willita, I. II. Seesboltz, James Walshaw, THE WAR IN EUROPK. The Russians have gainedja decided victo ry in the battle of Ardaban. They captured tho outworks, fortifications, citadel, sixty guns, and immense stores of provisions and ammunition. The loss in killed and wound ed wns but 235. At Kara they were not so fortunate, as they met with a severe repulse, the lurks attacking tbem in flank and rear, killing 300 and wounding n largo number. On the Danube the movements are strategic and uo battles have taken place. The Roumanians have formally declared their independence and will undoubtedly take an active part in the strife. War seems tto be inevitable betweeuJGreece and Turkey. In England both war and anti-war feeling runs high, but it cannot be definitely stated what part it any will be taken. The New York Oraphic publishes a son sational Btory as to the causo of postponing the extra session of Congress, to wit : that the administration had learned of an agree- ment between certain Democrats and Re, publicans to declare Tilden the duly elected President. It was believed that there were enough disappointed and angry Republicans to carry thitf through both Houses. We must confess that we take but little stock in this story. There have been several of the kind in circulation, but they were one and all pronounced false and unfounded soon af ter their publication, and such we fancy will this be. Mr. Tilden is undoubtedly Presi dent le jure, but Hayes has been made President tie facto by the votes of a majority of a Commission chosen to decide the ques tion, and it seems difficult to undo their ras cally work. A Debt Maine Owes to Noyes. Blaine, it is reported, will be one of the Republican Senators who will vote for the rejection of Ed Noyes,the Cincinnati index er, as Minister to France. If Blaine does this, he will be simply paying off a debt he owes to Noyes, who used every means, fair and unfair, to defeat his Presidential aspira lions, rsoytsis most thoroughly unfit for the diplomatic position he aspires to. and if there is a Democratic United States Senator bo lost to Belf-respect as to vote for Noyes1 confirmation as Minister to France, he ought to be booted from the Capitol at Washing' ton to the very everglades of Florida. Clevt land Plaindealer, Hayes did not forget Chamberlain and to prove it offered him the office of Solicitor of the Treasury, last week. Chamberlain would not accept it could mal-emore money else- where and Hayes is presumably dlsconso- late. The Philadelphia Timet will please furnish an editorial to demonstrate beyond a doubt that Hayes was actuated by a Bin cere desire, Ac., and that the people, when they get to see the matter in the proper light, owe him a deep debt of gratitude, Ac, The Baltimore Sun says : "It Is really cu rious to notice boinetlines what bort of men think themselves fit. and urn thnnpHt liv 0ther good enough, to be legislators and law givers fir this Bute." We wouder what the Sun would have to sav of IheLerislaturB 0f this Stale, as evidenced by the record du- riDg the past winter. There are times when I tlm EiifrlUh InnffiifitrA mnlnna nt it fi Innlru if w0ra4 sufficiently strong to express opinions I for all they are worth. THE OPINION OF JUDGE ELWKLL IN nir. MATTER or .KNJOI.Vl.Ntl Till! COMMISSIONERS 1'roni lliillillng tlm Npw Triton nn I lie lnrrtl t.nt hihI Awarding IheConimrr eoClmrlrt Urn. M, M'ynloot et. nl. vs. John Jterntr and other Commissioner! of Co lumbia Cuunty and Chartct Krug. In Equity, Motion to Continue Iiyunction and Motion to J)issolie. On tho hearing of a motion to dissolve nn injunction affidavits may bu read by tho colli plainants,evoii after tho nnswcrlhas been filed, whero irroparahlo mischief would follown dis m1utionor whero tho parties would not remnin in statu quo at tho hearing. High on Injunc tions, 100, Sec. 7-1. Even where tho bill is not sworn to, tho Court will not dissolve nn injunction whero tho effect would bo to put tho party out of tho power of tho Court. Schcmcrliorn vs. Morrill, 1 Barb, 511. The bill in this case charges that the Com missioners of Columbia county are about to enter iuto a contract with Charles Krug for the erection of a jail for tho sum of $5G,975,wheu they had offers to construct tho samo for six teen thousand dollars less. Now if tho tempo rary injunction wcro dissolved the contract with tho highest bidder might bo so fur exe cuted as to render further efforts to prevent its pcrforuianco useless. No answer has been filed ; tho enso is, therefore, to be determined by tho facts set fortli in the bill and tho affidavits on file. In regard to tho location of the building the Commissioner:! have full power aud discretion, neither of which aro subject to the control of the Court, unless they are so exercised as to show that other motives than the good of the public control their action. In making tho purchase of the lot tho Commissioners prudently require ad stipu lation that in caso the ground did not afford a suitable foundation the contract should be rescinded. Both parties contract ed with the understanding that tho lot was for the purpose of tho county jail, and that it was of tho requisite size lor that purpose. It appears now by uncontradicted affidavits that the jail wall, according to the specifications upon which Jlr. Krug made his bid, will be about five feet wider than the lot. One of two things, therefore, must happen either tho contract with Krug must be changed, materi ally affecting the price, or else he must bo bound to build a portion of the wall in the highway on the north side, or trespass uponUho lot of another party on the south eitherjof which last is illegal, and if carried out as proposed aud now remains unchauged will caum irreparable mischief and bo injuri ous to the community. For this reason alone the bid of Jlr. Krug ought not to be carried out, having been made and received under a mistake of fact. In order to invite competition the Commis sioners advertised for bids or proposals for the entire work, except the heating, reserving the right to'reject all bids; they were,thercfore, at full liberty to take whatever time was neces sary to inform themselves as to the character of any bidder as a competent contractor or otherwise, and also to ascertain the solvency and financial situation of the sureties propos ed for his faithful performance. In order to the exercise of a sound discre tion it was the duty of the Commissioners i n the present case to have made such inquiry as was necessary to put them in possession of the facts in regard to the lowest bidder for this work. The bid of John R. Deihm & Co., was but little below the estimates of the entire cost of the building as furnished by two competent architects, for tho construction of the work upou the old site where the cost of construc tion, as shown by the affidavits of witness cs for the defendants, would exceed the construc tion on tho now proposed site by from three thousand five hundred to five thousand dol lars, and yet tho job was alloted upon a bid of nearly sixteen thousand dollars above tho lowest bid and from ten to fifteen thousand dollars above the estimates of the architects. It is ovidnt from tho affidavits that the Commissioners were rushed to a conclusion to reject the lowest bid and accept tho higher without time to consider or to exercise discre tion upon the subject. It was rejected on the spur of tho moment by a majority of the Commissioners, not on tho ground that the bidder did not or coukl not furnish security, but because the bid was too low. It now appears that tho lowest bidders were reliable men and that the sureties offer ed, residents of an adjoining county ,wero am ply sufficient for the amount required by the advertisement. It also appears by the careful estimate of Mr. Ncsbit, an architect of acknowledged ability, that the work can bo constructed ac cording tQthe specifications for forty-three thousand dollars, and afford a fair profit to the contractor. It is true that there aro other estimates sworn to by competent architects to tho effect that the bid of fifty-six thousand nine hun dred and seveuty-five dollars is not too Inch But as the now estimate is many thousands above that furnished to tho Commissioners for the erection upon the cheaper site there was good reason to pause and consider why this difference; and why ono had made estimates for tho Commissioners and upon whom they relied for advice, should urge a bidder to bid high for tho work, In eleven of the counties of this State the Commissioners are required by law to let tho construction of public buildings to tho lowest bidder who will give security for his perform ance. Although there is no statute establish ing that as the rule in this county, yet tho principle commends itself to our judgment as a safe rule of action. While we disclaim any right to control the discretion invested by law in the county com missioners we have no doubt that when they proiwc to pay moro than thirty per cent, for the construction of public buildings beyond a bid proposed to be amply secured, a Court of Equity has the right to restrain them from bo doing. It is not necessary that we should find that they have acted corruptly in tho sense of bri bery or making gain for themselves it is enough that they have been mistaken and de ceived and havo acted hastily and without tho exercise of discretion. If the building can be erected for forty-one thousand dollars or even for forty-seven thou sand dollars, according to an estimate of the architect made before the letting, the Com missioners as the guardians of tho public in tcrest can raise no reasonable objection. At all events we are of opinion that under tho circumstances tliown by tho affidavit?, both bides being considered, it would be con trary to Equity to close tho contract upon tho bid of Charles Krug, If this were u mandamus upon tho Com missioners to award tho contract to the low est bidder wo would dismiss it at once as be ing an attempt to interfere with their discrc tion. But it by no means follows that we ought not iu a proper case to restrain them exercising their power to tho iujury of the public-. It is their duty to erect a new jail They have resolved to do this and it is not our province to say that it shall not cost over a certain sum. Within the bounds of any rea bonable amount their discretion cannot bocon.' trolled. But it its difficult to understand why the lowest bidder principle) with security should bo held inapplicable to bids mado for tho wnik,and yet applicable to tho matter of em ploying the nrchitect who gives no security especially when tho proposition of the latter is not moro thnn otic-fifth part of n reasonable compensation. Tho General Government in tho letting of its largo contracts has adopted tho lowest-bidder principle. As before stated, it is tho stat utory rulo in several of tho largest and most wealthy counties of tho State. It is thosa fest for tho public", as well as for tho charac ter of tho officers to whom nro entrusted tho ublic interests, mid therefore ought to bo adopted. Upon a rc-lctting, nn doubt tho Commis sioners will sen to it that specimens of male- rial as advertised will Ihj on exhibition at their office. They will, no doubt, think it prudent, as tho business is that of the public, that tho ids bo opened m public, and will nodoubt consider tho lowest bidder against whom no objection can reasonably bo made, and who will give ample security as the best bidder. Upon both grounds stated, to-wit: the width of tho lot as compared with tho size of the jail yard being larger than tho lot and the asty aud inconsiderato rejcctiou of au appa rently fair bid without the cxerciso of discre tion, wo arcllof opinion that tho injunction ought to bo continued. Thcro aro other quos- ious raised in tho case but it is not ueccssary that they bo now decided. As to providing means to pay tho interest on tho debt to bo con tracted, that may bo done at any titno be foro the loan is made. And now May 0, 1S77, tho counsel for complainants move to continue the tempora ry injunction heretofore issued. And the counsel for tho defendants movo to dissolve tho same, which motions caiuo on to bo heard and were argued by counsel. And now May ID, 1877, it is ordered that the said injunction be modified to conform to the order therefor, and ns thus amended to bo continued until hearing or further ordcr,upon bond with surety to be approved by the Pre sident Judge in the penal sum of two thou sand dollars be executed to the Couuty of Co lumbia and a bond in like sum to Charles Krug conditioned according to tho Act of As sembly in such cases provided. The State Chairmanship. In supporting Captain McClelland for Chairman of tho State Central Committee, which position he filled last year under many ifficulties calculated to embarrass and re strain him, the Pittsburg Post makes tho fol lowing sensible suggestion : "Both General McCandless and Mr. 3Iycrs, of Harrisburg, aving declined being candidates for Chair man of the Democratic State Committee, wo hope the coming Convention will select a Chairman solely with regard to his capacity as an organizer. It is not an honorary sin ecure, as many suppose, but a post of work, drudgery and responsibility. Our policy in this State f changing tho Chairman at every Convention, and according the posi tion to some distinguished or ambitious gen tleman, as a compliment or to further his in dividual schemes, is a mistake. When we get a passably good Chairman, we should keep him that he may become better quali fied by experience. At the end of his first campaign, he only knows what he should have been thorough in at its commencement If he is fit for the place every year's work will make him more effective, until he rusts or grows indolent, and then of course he should be superseded." t tho Annual session of the Grand Lodge I. O. of O. F., of this State, held at Erio last week,the following persons were elected offi cers for tho ensuing year : 31. W. Grand Blaster S. B. Boyer, of Sunbury. II. W. Deputy Grand Master Samuel naworth, of Philadelphia. R.W.Grand Wardeu-John A. Myler, of Pittsburgh. R. W. Grand Secretary Jas. B. Nichol- son, of Philadelphia. R. W. Grand Treasurer 31. Richards Muckle, of Philhdelphia. Grand Representative to Grand Lodge of the United States Isaac A. Sheppard, of Philadelphia. Tho report of the Grand Secretary, James B. Nicholson Bhows tho present number of members to be 91,738. Let no Man Envy Hayes. Let no man envy Hayes. There is nst an honest hod carrier or street laborer in the land to-day who is not more to be envied. Whatever ho has in the world of gear or eputation he has it honestly.and can square ly look every neighbor in the face without being possessed of the feeling that some con sider him a fraud, the receiver of stolen goods. For ourselves, poor as we are, "un known, unhonored,and unsung," we a thou sand times prefer the obscurity of our posi tion and our simple reputation for honesty than the position occupied to-day by Ruth erford B. Hayes. Newark Journal. A very scandalous story is being told in Harrisburg to tho effect that last winter an old man named Clendenin,was made "janitor of the State Library" with a salary of $000, and that instead of securing this amount, which was paid out of tho State Treasury for his office, he only got $125, the balance having been retained as '"toll" by State Li brarian Sullivan S. Child, who secured the place for him and drew tho money on his warrant. Chief Clerk of the Senate Coch ran, we believe, is one of the disbursing officers of this salary, and perhaps he can tell us whether or not Child drew this mon ey, and If so, ouo warranto. Jxtncaiter In telligencer. If the Philadelphia Timet would let up for a while in Its fulsome praises of Grant it would be a great relief to the public, IU readers we fancy nre mainly intelligent people, but the Timet doesn t seem to think bo when it says, and not for the first time "After sixteen years of tho most exacting and exhausting responsibilities, he goes to seek the rest he so much needs." The fact of the matter is,that there never was a more in dolent, Belf-Indulgent official than the late President. Does tho Timet fancy its readers havo forgotten Long Branch and the count less junketings of Grant which so frequently took him from Washington during his term of office ? The idea of making Grant a self sacrificing martyr to duty igt most huge aud stupendous joke. Hon, S. S. Cox, who has just returned from a long tour in tho Soutb,havlng visited nearly every Southern State, Bays the wide' spread notion that Hayes' policy is bo satis factory to tho Southern people as to cause a break in tho Democratic ranks is unfounded All Southern Democratic Congressmen will go into tbo Democratic caucus and work with the party, thus insuring a good major! ty in tho House. He fully expects a re opening of tho Presidential contest as soon as Congress convenes. ( Gen, Sherman fears that the pirates will sail'up New York harbor and take possession of Wall street If the army should be (lis banded. It was for the purpose of protect Ing New York against the pirates that such a large military force was kept in Louisiana and South Carolina. Items. A Calcutta dispatch says tho aspect of tho India famine ii unchanged. 700,000 persons aro employed on relief work, and 275,000 aro receiving gratuitous relief. Tho postal card contract will bo nwarded to the American Phototypo Company ,of New l ork, nt about half the prlco for the last four years, thereby saving $2,800,000. A balloon, which was about to asceud, ex ploded at Hull, England, on Slonday, injur ing eighty-six persons, six of them danger ously. Thousands of birds have been driven out of tho woods, along Long Islaud Sound, by tho smoke, niul hundreds of them aro drop ping on passing boats aud in tho water. P. T. Barnum nnd the father of Charley Ross havo issued a card offering $10,000 for tho return of the child and pledging not to attempt to discover the persons returning bim. Robert Stickles of Shaftesbury, Vt., filled bushel basket with 300 hailstones, one of which weighed 10J ounces,, that fell in n terrific hail storm that passed over Shafts bury nnd tho northern part of Bennington on Friday afternoon last. The national bank notes redeemed last month nmouuted to $14,000,000, a sum larg er than for any similar period since the es tablishment of tho agency. It Is believed the redemptions this fiscal year will be $17,- 000,000 moro than last year. At the Instance of tho Board of Health, in Boston, five prominent mauufiicturcis of candy hayo been indicted for adulterating their candies with poisonous ingredients. They have each given ball in $G,000 to an- wer in the Criminal Court. At tho meeting of coal carriers and pro ducers, in New York, on Monday, it was agreed to suspend mining operations from the 15th of June to tho 10th of July. By this arrangement thousands of miners and laborers will be thrown out of employment. Tho New York Tribune has information leading to the belief that tho Russian war vessels arc watching along tho coast for tho purpose ot intercepting vessels having on board munitions of war for Turkey. A steamer with such a cargo has just sailed or is about to sail from New Haven. Hayes still believes in Civil Service Re form. He has just appointed ex-Attorney General Duun of South Carolina, Collector of Internal Revenue in that State. Dunn was a member of the Returning Board of South Carolina at the late election. Tho Returning Board Members, seem to bo mak ing out belter than tho Governors. During a thunder storm in Washington, D. C, on Sunday, the lightning struck a btreet car track and followed the rail for about a quarter of a mile, tearing up the concrete pavement on either Bide, but doing no other damage. It was of course sudden and instantaneous, and all the observers saw was a terrible thunderbolt and a vivid line of light in the centre of the street. In Oregon, Holt county, Mo., a few days ago, Jlisa Kingsburg, n school teacher, at tempted to punish a 13-year-old pupil, nam ed William Payne. Ho struck her several blows in the breast with his fist, when she fell and expired. A post-mortem examina tion revealed such serious disease of tho lungs and heart that death might have been caused by excitement at any time. Gov. Robinson, of New York, vetoed an appropriation of $1,000,000 for the new Stato Capitol building. When it came up before the Assembly, the Chamber was crowded with workingmen and au immense crowd gathered outside. Tho Members were hissed or cheered as they voted againBt or for the veto. A strong farce of police was necessary to disperse tho mob. Some of the Members were assaulted. The floods in Kansas continue, and have Btopped travel on the Kansas Pacific and Santa to Railroads. The Kansas river at Lawrence is higher than it has been sinco 1858. The Cottonwood and Arkansas rivers are also overflowed. Bridges ou all the streams havo been carried away. Rev. and Hon. John C. Simpson, of Ore gon county, 3Io., was convicted in the U. S. Court at St. Louis, on Monday, of illicit dis tilling. Simpson is a minister of twenty years' standing, and ho was County Judge for two years. In the Methodist Protestant Convention, at Baltimore, on Saturday, a Committee was appointed to call upon President Hayes and present to him tho congratulations of the United Convention. It was ordered that a Committee of Fraternal Relations be ap pointed to attendthe General Conferences of the 3Iethodist Episcopal Church North and 3Iethodist Episcopal Church South. Add! tional articles of discipline embraced in the Constitution of the Methodist Protestant Church were adopted, and the third Friday in Jlay, 1880, was appointed for the time of meeting of the next General Conference. The case of Thomas Duffy, a Molly Jla- gulre, who was jointly indicted as an acces' sory with Hugh Jl'Gehan, James Boyle, James Roarity and James Carroll, for the murder of Benjamin F. Yost, the Tamaqua policeman, was disposed of by the Supreme Court on Monday,that tribunal affirming the action of the lower Court in convicting Duffy, There were over fifty assignments of error in tho case, nearly all of which were covered by the Supremo Court in the opin ions in the Molly JIaguIre cases disposed of on the first day of the present term. One of the assignments Impeached the credibility o James Kerrigan's testimony he having been one of the Molly Magulre murderers. The Supreme Court avers that his testimony was a matter for the jury which tried Duffy's case. Extensive forest fires havo prevailed of lata in Canada, northern New York, Vermont and New Hampshire. These fires have not ouly destroyed vast quantities of timber, but also dwellings, causing much troublo and loss to the people. An cntiro village was burned in New York. Near Scranton in this Stato, the fires are burning fiercely and havo already destroyed an immense amount of timber, These destructive conflagrations generally oc cur in tho Fall, when the forests are filled with dead leaves and dry wood, but rarely, if ever, are known in tho Spring. No estimate of the loss can be mado, in fact it b hardly known how much property has beeu destroyed, It is authoritatively announced that Hon, Harman Yerkcs is not a candidate for Audi tor General. Tho use of his uamo was with out his consent. The Law of Taxing Cosls. At tho Slarch sessions of court a com mittee was appointed by Judge Ross to ex amino In the matter of costs nnd rcvlso tho samo. On Tuesday last tho rommlttoo mado report nnd Judgo Ross delivered his opinion all of which we publish below : To tho Honorable Henry P. Ross, Judge of theUnurtot tunrler (sessions anil Uyer and Terminer of Slontgomery county Tho commltleo appointed by order of the court respectfully report: That wo examined the papers nn file In tho office of tho Clerk f the Courts relatlvo to tho proceedings at last term of the court, nnd found It would be Impossible for us to revise nil bills of costs ns suggested in said order nnd to make detailed report thereon. In somo cases we found the justice's bill of costs wero not itemized, and wo could not detcrmlno whether they were correct or not. JIany of the bills for serving subpoenas wcro not made out at nil, nnd we had not sufficient means of asccr talning'what services of this sort had been really rendered: Without taking considera ble testimony wo could not determine whether tho witnesses whose names were on the subpoenas, wcro actually subpeonaed and whether they wero present nt court, and if they wero present whether it was in obedience to tho subpeona, or by somo other order of the court. The Clerk of Court Informed us that his own bills of costs were made up only nt the close of every year, nt which time it was examined by the County Commission crs und paid. In fact to make n detailed statement of tho fees nnd costs due every officer of tho courts, or to every ono render ing any service.could not havo been correctly done from the data nt our disposal. As most of these costs seem to bo still unpaid, and as they must bo taxed Jiy tho Clerk of the Courts beforo they are paid, wo think that if they, as well as nil subsequent bills of costs in the criminal courts bo taxed by him in accordance with the following suggestions the extravagance complained of will in great degree bo prevented. 1. No fees or costs of officials should be taxed or paid except whero bills of indict ment are found true or aro ignored (surety of tho peace cases only excepted) and where true bills nro found there should bo no taxa tion of such costs until tho cases are tried or prosecuted to judgment and finally disposed of. 2. In tho taxation of costs cases aro not to be considered in tho court of Oyer and Terminer unless that court has exclusive jurisdiction of tho special offense for which the defendant is tned.or of the special count on which he is convicted or acqnitte 1, or un less the cause is regularly certified into thnt court in accordance with the Act of Assem bly (Purd. 383, 335.) 3. All bills of costs should bo itemized and should be taxed strictly in accordance with the fee bill and in no instance should more than legal fees bo allowed. The County Commissioners should grant no order until tho bills of cost are taxed by the proper officer. They have no right to pay out county taxes for fees in excess of tho fee bill. 4. All subpoenas on the part of the Com monwealth Bhould bo served by tho sheriff or his deputies, as this can bo performed by the officer in connection with his other duties at legal rates. And there is uo necessity for the County Commissioners to mako contracts respecting the service of subpoenas or for the compensation for such service, nor is there any need for the District Attorney to have a detective officer. 5. AU bills for serving subpoenas should bo itemized and be sworn to before the Clerk of tho Courts, and the affidavits should state that the services wero actually rendered as charged, and that no item of service for which compensation is claimed has been previously paid for, or is charged else where. C. In all cases where an attachment issues the costs of the attachment and of Its service should be paid for by the party to whom it issues. It is questionable whether the county is liable in any such case. 7. No one should receive witness fees when ho attends court for other cause or in oDeuienco to any other summons than a subpoena or a recognizance. When a witness has been subpoenaed or bound over to testify in more than ono caso,he should be paid but for one, case. Beforo any bill for witness fees is taxed an affidavit should bo made to the effect that each item of tho bill is cor' rect, and has not beeu previously paid. When persons have been called to testify without having previously been regularly summoned as witnesses, they should receive no witness fees therefor unless specially ordered by the court. 8. Before any bill for witness fees is tax ed the District Attorney should certify that to the best of his information and belief the witnesses uamed in the bill, who were sub pcenaed by the Commonwealth or bound over to testify,were material to the cause by the Commonwealth, 9. The committing magistrate should bind over in their own recognizances, to ap' pear at Court and testify, all witnesses in each criminal case that they return to Court. Such witnesses need not be Bubpcenaed to appear at the term of court to which they were bound over to attend. When a case is continued by the court the District Attorney should take the recognizances of all the Commonwealth's witnesses for their appear ance at the next term. 10, Two tipstaves are sufficient to attend all argument courts. When there are jury trials five additional tipstaves are all that are needed. It would be better if the tipstaves appointed by the Sheriff should, as far as poss!blc,be constables. As a matter incidental to tho costs of criminal proceduro we call the attention of your Honor, as one of the official visitors of Montgomery county prison.to tho lago costs attendant upon the management of that in stitutiou. During the year 187C the county siicnt $18,400 for that purpose alone. As at present conducted it would be much cheaper if all our prisoners could be sent to the Eastern Penitentiary. There we are charged for each prisoner sent 29 cents per day, which includes every expense. Here after th county provides the prison building, lighted and heated, and furnishes clothing for the convicts and pays tho keepers' salaries, wo still pay 30 cents per day for the maintenance of each inmate. This charge is made both for criminals and vagrants. This rate $2 10 per week is double what It should cost to feed each of the inmates of the prison, If there were but few inmates there might bo some reason in tho present rate, but then there havo been as many as 95 vagrants and 80 other prisoners in the prison at one time and they could certainly be maintained as now, for much less money. The heaviness of the tax ia further shown by the payments that have been made during this year so far for maintenance of prisoners alone, being $1,' 598.40 for January, and $1,253 10 for Febru ary, while the unpaid bill for March, not yet presented, will amount to over $1400, All of which is respectfully submitted. O, H. Stinbon, II. B. Dickinson. JOSEl'H Fornance, . 11. U, UltCNNKK, April 17th, 1877. oi'Inions or tub cotnvr. In tho Oyer and Terminer and Quarter Sessions of tho Peace of Montgomery county Sur taxation of costs. Jly the Court.- So far bnck as 1811 tho Legislature of Pennsylvania declared "lhat If tho Judges of nny court within this Com monwealth shall allow any officer, under any pretence whatever, any fees under tho denom ination of compensatory fees for any servi ces not specified in this act or some other net f Assembly, It shall bo considered a misde meanor in office." My attention was called to this act by Bomo anonymous correspondent; and while I am not in tho habit of regarding such com munications, my attention was aroused nnd my curiosity excited so far at least as to in duce me to examine tho act. It is in tho words just cited. It has never been repeal ed, nnd nil tho judges in the Stato are llablo to its provisions. This occurred at about the samo tlmo tho commissioners notified tho Clerk of tho Courts to tax all fees in ac cordance with tho law, and I felt It my duty to bco that all taxation sanctioned by tho seal of the court, and therefore constructive ly taxed by tho court, should conform to le gal rates. Tho committee was appointed to report generally safeguards which would insure a legal taxation, and their report is beforo us. It contains many valuable suggestions which wo intend to ndopt, and it presents for con- idcration some interesting questions as to the powers and duties of public officers. 1. The first suggestion is approved except tho caso of Commonwealth's witnesses. Those, if they will swear that they wero reg ularly subpoenaed by the Commonwealth, what length ot tlmo they were in attendance, and that tho fees nnd mileage nro necessary to their support while in attendance, may be taxed and paid. Any other rule than this would subject them to great personal hardship. I do not know whether this was intendid to embrace tho charges of tbo District Attor ney. In Bucks county ho presents his bill llrcctly to the commissioners for cases prop erly charged to tho county, and is paid like the Coroner. This I think is the usual and proper course. Of course where n person or defendant is ordered to pay tho costs, tho fees of the District Attorney are taxed to tho Sheriff. The second suggestion is nothing more than n statement of the law as it exists. The Clerk will observe it as it principally ope' rates against him. In order that the Clerk may be intormed as to what cases aro cxclu slvcly in the Oyer and Terminer, I append a list : 3Iurder, manslaughter (voluntary) rape, robbery, mayhem and nil offeuces commit ted with intent to maim, disfigure or disa' ble, sodomy, buggery, burglary, forcible en try in daytime or night with intent to com mit a burglary or other felony, entry without force with like intent, all accessories to these offences, concealing death of bastard child, second ollenccs of receiving stolen goods, &c, treason, and all other offences which may be certified from the Court of Quarter Sessions. All other offences nro triable in tho Ses sions, and lees at session rates can nlono bo taxed. This must bo strictly followed. 3. The third suggestion is endorsed so far as the action of the Clerk is concerned. Un less a bill of costs, whether of magistrate, constable or other officer, or of the clerk be presented in items, wo order tho clerk to suspend taxation until it is thus itemized. I do not feel that I should direct the com missioners. They are, it is true, for somo purposes officers of the court; and punisha' ble for contempt. Hummel vs. Bishop, 9 Watts 431. But this is for neglect of an or dcr that tho court has n right to give. Such for instancoas a refusal to draw juries under the old rule. I will not adviso them in a collateral matter but they havo the bene fit of the suggestion. 4. I have no doubt that tho Sheriff could be compelled to serye all subpumas nnd that a refusal to do so would subject him to a misdemeanor in office. It is the Com monwealth's process. Jt is a writ, and ho might lawfully be compelled to serve it in person or by deputy. But I am sure that any person may lawfully servo a subpiena who will assume tho responsibility. For tho present century this has been the practice fees have beeu taxed, attachments for con tempt have been issued ; and the power to thus proceed has never been questioned Ihe District Attorney may, thereforedaw- fully place his subpoenas in the hands of prosecutors; ot constables, or any person, unless the Sheriff should demand the sub poenas and insist upou seryingthem by him self or his deputies. Or tho District Attor ney may compel tho Sheriff to executo his process. Tho District Attorney may lawful ly take out writs of subpoena, and has the right to manage the machinery of the crim iual court, keeping always within the rates of legal fees. Without buch power ho could not conduct his office; and tho legislature recognized its necessity by the enactment of the statute authorizing the appointment of a detective. Of course ho should select the best and most economical agencies. If ho select the sheriff, or if tho sheriff insists upon his right to serve, special deputies agreeablo to the District Attorney should bo selected by the Sheriff. 5. This suggestion Is eminently proper. aud the Clerk is directed to act upon it. It is an excellent check and will protect the Court bo far as it is practicable from tho danger of taxing illegal or fraudulent costs, 0. The costs of nn attachment, so far as the Clerk Is concerned, is a subject of some difficulty. Under tho fee bill of 1814 it was decided that the Clerk, where one has issued to bring up a witness, was entitled to no fees, Barnes vs. Com. 2 Sarg and Rawle 291 This, however, was under the 0 s ol the act of 1814 Ph. L. 1814, 354. This act, however, only applied to tho Clerks of Oyer aud Ter miner, and the schedule rates have been much changed by later fee bills. The act o 18C8 expressly gives Clerks the right to charge forty cents for an attachment, and I think the committees are in error as to thei; conclusion In this regard. The Sheriff ii also entitled to be paid $1 for serving an at tachment with mileage at feo bill rates, but iu no icase must extra charges be taxed for him for this service. 7. The Clerk is directed to act as suggest' ed In this regard. Every suggestion con Uined in this section of the report is wise aud right. 8. I am Inclined to think that this would devolve an impracticable duty on the Dis trlct Attorney. I know when I was District Attorney I could not tell whether witnesses were In attendance In many cases. I will it lustrate : Where witnesses have been aubpes' naod in rebuttal to meet an attack supposed to be made on a prosecutor s character, and that attack Is not made, no District Attor ney can tell whether they are in attendance or not. So too with materiality, No Dia trlct Attorney can examiue all the winesses in attendauco at a sessions. But unless he had done so he cannot certify as to that, We think tho person serving the subpoona should swear ou whom he Berved It. This could be done by an affidavit attached to the subpoena. When the District Attorney baa knowledge lie uliould certify as to mate riallty ; but tho bill may bo taxed without his certificate as I think tho other miicr-uin... of tho committee in this regard amply pro. icci mo lyouiuy ircnsury. 9. This suggestion Is it very cood one. nn.l tho court will endeavor to call the attemlm, of tho committing magistrates to it; and win uko mo necessary steps In court to have witnesses bound over to nppcar nt tho next term. Still it will leave tho necessity fV Bubpccnas in many cases, for tho justlco tnny not havo nil witnesses of tho Commonwealth before him nt tho hearing. In relation to this matter the discretion of tho District At torney must govern almost entirely. He Is interested in ndmlnlstcrlng his offico proper ly, nnd acts ns all public ofllcors must do un. der tho sanctity of his oath ns an officer, and ol his obligations as a lawyer. I havo now passed upon every sueeestlnn mado by tho commlttco nnd I feel confident that the result will be a diminution of costs n criminal cases to n great extent. iY public officer can only demand, a ourt can only nuthorlzo a lfgal taxation of cosU. The act of 1814, already cited, wns enacted to ensure from tho Judges n rigorous atten tion to this mntter, and I am glad that thU court is relieved from liability under the act. II a clerk knowingly tnxc3 illegal rates ho s llablo also tor a misdemeanor in office. I nvo said nil I can say lu repetition of Hart and Dilrlinm ns to the propriety of allowing cxtrn pay fijr serving subprenas. It is a pity for tho petitioners if they wero misled to an expenditure that was allowed to others be fore them, but the net of 1814 Is binding on me. 10. The court for somo tlmo has reduced tho nttendanco of tho tipstaves to tho num ber Indicated at tho adjourned court. The Law Librarian has been kept in attendance, this for the sake of tho library which Is more used nt adjourned court than during the trial ot issues. The Bheriffis directed to limit his appoint ees to tho number Indicated, aud as a rule, ho should select, when practlcable.constables of tho county. Our force is so nearly vorn out in the service, that tho sheriff's appoin tees should bo active and vigilant men. We intend to reduce our own force durine term lime, nnd we have determined to dis pense with tho services of Jlr. A. B. Ycrger, as we aro told ho is of abundant financial ability. This will leave us with three offi cers, Jlessrs. Hoffman, Emery aud JIurray ana the Law .Librarian, Judgo Jacoby. The court feels that in tho present aspect of pub lic affairs, retrtnehment of every kind that can properly bo made should be at once en forced. Privnto llfo has been driven to econ omy, and public business must be conducted on tho same plan. I purpose to ignore tho report as to the prison aud its cost. I think it would bo wrong for tho court to say nnything upon that subject. I am ex-officio a visitor, and as I havo not performed that duty this year, or very regularly at any time, comment would be improper. Tho late vagrant act is a great wrong upon tax-payers,and it should bo repealed, for by it tho industrious aro made to warm, feed and clothe the idle, lazy and worthless. y "o, court, '-.ljlENRY p Rog presi(jent jU(g0- The Burlington Haiokeye tells of a solitary Ohio man who demanded, in a husky voice. at tho office window in tho railway station : "Tik't." "Where to?" asked the unruffled monopolist behind the window. '"Nywhcre! Anywhere 1" was tho frenzied response. "Anywhere I Clean through 1 Clean acrostl To Burglarry, or Prooshy, or tho Danube,or Diffendorfer, or nny place. Anywhere out of nn ungrateful country, that coldly turns its back upon its deserving children. Any where out of America 1" And he bowed his head and wept. Ho was tho only man la Ohio that didn't get an office. Tho Lock Haven llepublican recognizes the fact that "Pennsylvania has been left al most entirely out in the distribution of Fed eral offices," but it confesses an inability to tell why this is so. This does not affect the loyalty of the Republican, however, for it says: "We Btand to-day where wo have over stood, tho firm supporter and admirer of Hon. Simon Cameron." This man is still without a post office. The President's visit to the metropolis was a success is the way the New York papers put it. The city was tickled almost to death, to have a President there. Phila. Times. Not much it wasn't. New York has tho lawfully elected President and his name is Samuel J. Tilden. Tho visit of tho Fraud ulent Person was not a success. The Dictionary as an Instructor. We notice as a matter well worth men tioning that at the recent great publishers' trade sale in New York, tho books that were most in demand and brought tho best price were Webster's Dictionaries, from the fa mous Quarto to the neat nnd handy pocket edition. This fact Is a good indication of the almost universal popularity of theso books, and of the growing public demand for them. It indicates also a fact of far greater importance, and that is the interest the people are taking in the study of their own language. This is encouraging, as there is no branch of education that is now and has been so much neglected as the common, branches of spelling and defining It is often astonishing and grievous to seo how grossly ignorant are children and youth, and even, men nnd women, of the orthography, pro nunciation nnd meaning of ordinary words and phrases. They cannot express their thoughts for the want of words, and often they express thoughts very different from, what they intend, becauso they do not un derstand the words they employ. And very frequently, from tho samo cause, tlicy take no ideas, or wrong ideas, from what they read or hear. Tho remedy for these evils is the proper training in tho Btudy of words, by the use of tho Dictionary, and tills training should be gin as soon as the child can distinguish be tween one word aud another, and continue indefinitely. The apparatus for this study should, of course, be the most complete aud thorough to be had, and this is abundantly supplied in Webster's Dictionaries, which are justly recognize-l.wherever our language is spoken, as the standard authority iu Eng. lish. Parents and teachers can In no other way so effectually or so cheaply promote the educational interests of their children, when of suitable age, as by putting in their hands any one of Webster's School Dictionaries, ' for dally use m conncctiuu with tho study of their lessons, and by placing on the family center table, or the teacher's desk, as the authoritative guide and standard, a copy of the Unabridged, ' Tho Unabridged contains 3,000 illustra tions, over 114,000 words In Its vocabularies and 10,000 words and meanings not in any other Dictionary ; the abridged editions comprise "The Primary," which has the largest Bale, and which has some capital rules for spelling. "Tho Common School" Is similar, but larger, with tables of ayno iiyms, &c. "The High School," still fuller, with many useful tables ; "The Academic'1 and "Counting-house" for advanced schoolj and for general home and business use. The latter has some specially valuable coinra'er cial and financial tables. The little "Pdck. et" edition, with Its bright gilt edgesaocl morocco binding, is truly an Invahltth, pocket companion. It contains more than 1 8,000 words, rules for spelling, many ,b. brcviations, words and phrases, preverhs etc., ordinarily met with In the Greet,Utj ' and Jlodern languages. Whether UUtvui venient or not to have copies of ai&of tho. other books of the series, we cerity , commend that all should roesessA coi, ,,r tho Pocket, which when not oUfrj&E $1,00 to 'the publishers, Mebb. Ci" ilLAKEMAN, TAYLOR & CO., ffj .jj i jVt Grand Street K v,l, ' M m "