THE COLUMBIAN, BLOOMSBURG. PA, 8 THE COLUMBIAN. BLOOMSBURG, PA. FOB SALE. Pwrtrable vfti-uiit Inlaawl numnr of good ftouiwaaclloi in Hloomsburg, 1'n TIih IX'Kt HiwliHUiidtii Hlooriishiirg. A very doxlM W pmpi'ilv ti'iUBlK'nx 1 ikmcs anil Mrtt class tatMliifra with Roml will In a business wonli IIWO toll 5(i0 prrywir at Willow iove. PweUlng In Kspy, OranKovlllc and BMon Haven. Zlarir-' tnmibor of farms In Columbia Oouiity, on In liinrne County. on In Virginia. Two Country 81 ore Stands In Columbia Count y anil on In ttwrno County, A water power planing- mill, dry dock, and lumber yard and a&cdfiin Bciirii Haven, I'a. Also Iff acres of Mod farm ln at same plao, by M. 1'. LUTZ BON, Insuianre and Keal KstatC Agents, BUtMSBUK(l. I'A. tf SPECIAL NOTICES. ROOM8FOH VOUJfO MEN. M. M. PHILLIPS ha vcrv fl.-slrablo furnlHln-d rooms for la young men. Hath room adjoining, for use oloocupasta of the rooms. Call and examine. IX KTHDH OK BLANKS KOH JUSTICES and constables at tho colcmbun of- ioe. " BAIKiSS. WKAKRPHKPAKI)T0 8H(V sample of metal, celluloid, woven and WBbonbadifes lor all kinds of orders and so. eletles. nna can mve them made to order on abort notice. Hee samples and get, prices. Address Th a Colombian. Bloouisburg, Pa. 111 v....... mtinlAil ami It Tni biiIii al Mil. ' offlr. covers everything. Rconts each or 40 oenlado.cn. tf. 1U8TICES AM) CONSTABLES FKK III1.L. J jiiHt ices and const ablesoan procure copies of fiw bill under I lie act of If t, at Tim coi.ru Ian ofllce. it Is printed in pamphlet form, and Ib very comcnlent for referenee. It also contains the act of lswi concernltni thn destruc tion of wolves, lldcals. foxe and minks. Tliey will be sent by mull to any address on receipt of 10 cent In stumps. tf. MEN WANTED ,. n , Ivuitug. bxper'nee not necessarv. .steady employment. Best terms. Writ? at once and secure cuclcc of territory. ALLKN JUHHKKV - ft-9-4in Koclieatvr, I. V. C0U1TCIL PEO0EEDIKG3. An adjourned meeting of the Town Council was held at Town Hall on Monday evening. The President and all the members were present, and there was a large attendance ot citizens who were attracted by the fact that several interesting questions were be fore the Council, among them being the leasing of Oak Grove, the D. L. & W. switch across the canal and Catharine street to Ninth, and the Electric railway. Geo. S. Robbins presented the following petition signed by 280 citizens : The undersigned -citizens and tax payers of said town do hereby respect fully request your honorable body to continue the lease between the town and the Bloomsburg Land Improve ment Company for Oak Grove Park in conformity with the original agree ment, for the reason that we believe the said agreement to have been a good and judicious oe, the consider ation reasonable, and the park desira ble and beneficial. We would further request your honorable body to make reasonable provision for its improvement and ( maintenance from time to time. The solicitor submitted his report as to the costs 'of the view on Jeffer son and North Streets. On motion Secretary diiectcd to issue orders for same amounting to -$65.75 for the former and $47.25 for the latter. The Electric Street Railway ordi nance was then read granting the Company the right to operate its line over different streets and roads within the town limits. Said road is to extend from Rupert to Jispjr and to the Shaffer Bridge. After some discussion President Drinker read the following speech : Gentlemen ok tub Tqwjj Council: You are considering the passage of an ordinance granting right of way, etc., to an Klectric Railway Company ; a thing of vast importance and a note of warning seems necessary at this point. The gentlemen who are asking this right of way, ask it through nearly TRY ITI Hold tha edge of eeoramon visit ing card to lice so that no thatUne will fall oa either aide ; then hold your nose to the card and you will Mv how easy It Is for the man to wallow oo of Dr. fie roe's Pleasant Pcllcu. ' ITS EASILY SWALLOWED one of Dr. Pierce's Pleasant Pel lets. These little Pellets are as ef fective as the best liver pills, nnd are easier to grt down and more agree able in their action besides. Tho faet is, Dr. Pierce's sugar coated Pellets are better in almost every respect. They act in a mild, easy and natural way. An absolute cure for Constipation, Dizziness, In digestion, Sour Stomach, Sick and Bilious Headaches. For Nervous Disorders arising from weak stom ach, and all derangements of the liver, stomach and boweln, they are guaranteed to give satisfaction, or money is returned. Why are they Dot toe oheupebt pill for you to buy f The stepping-stone to Consumption is Ca tarrh. It don't pay to n Met it co, when the makers of Dr. Sage's fipn Remedy will give $500 I 11 luty can 1 incti a jjci- manent (w e of your Catarrh. all your best streets. Does it occur to you that in granting so much you shut out competition and that consequently you place the town at the mercy of vn, company in the matter of fares, etc. ? Three' or four streets will suffice for this Company for the present, more can be granted to it or to others later on. You must consider that the grant of right of way actually gives these gentlemen so much of your valuable land as they may require foMheir rail way forever and for nothing. Such railway will be of great advantage to the town, but will benefit perhaps as much the owners of the railway. We should see that they be fairly treated and encouraged but it is our sworn duty also to look to the interests of our town. Railroad companies whose motive power is steam have great ex pense in right of way, grading, etc., which other railways have not. Most cities and boroughs have made these electric companies pay direct sums for the right of way, bound them to pare and keep in order streets over which their rails are laid, pay yearly license for each car used, &c. In Williamsport 1 think $50 per year for each car. Should not we also stipulate for like advantages ? Should we not have a voice in the matter of placing switches, sidings, etc., that may here after be placed as " traffic may re quire?" Should. not we see that the rail be used only where streets be properly and entirely paved with brick or other solid paving ? They cannot be used on ordinary streets or roads in the town. It is best to go slow some times. Let us fully consider these rail way franchises before granting them. Let a proper committee be appointed to go to towns in which these wonder ful roads are in use. Let such com mittee ascertain what rights other towns regret having granted, what re strictions they have made, what re turns they have received or expect to receive in the way of cash for right of way, license for cars, paving streets, etc. Then after such committee re ports to your honorable body it can intelligently consider how much better Dloomsburg may do, for in such matters those who do last generally d or should do best." Sterling moved that a committee be appointed to ascertain what is done in other towns where a franchise is giver, the street railway, in regard to licen sing cars, said committee to report next Monday night. Seconded by Knorr and carried all voting yea except Creasy. The O. L. & W. switch ordinance was next considered. The switch to extend across Catharine street and down Ninth to Market. Creasy and Wilson moved that the location of the road'on Ninth street to Market be subject to the decision of the Committee on Highways. Carried. Moved by Creasy and seconded by Yost that the switch ordinance be adopted. Carried. The Oak Grove matter was then taken up and the Town Solicitor read the following opinion. To the President and Members ok the Town Council of the Town of Bloomsburg : Gentlemen:: Ey resolution of your body there has been referred to me as Solicitor the following questions, to wit : 1 st. Can the Town Council legally lease or purchase Oak Grove Park from the Land Improvement Com pany ? 2nd. Is the town of Bloomsburg liable for tlie rent of said Park for the years 1892 and 1895, under the lease heretofore made with the said Land Company. In expressing our opinion upon these questions we shall endeavor to confine ourselves strictly to a discuss ion of the rights, powers and liabili ties of the town under the laws of co rporation. With such questions as that of the suitable location of Oak Grove Park, the advisability of its purchase from a financial standpoint, or the benefit and pleasure accuring to the town from its purchase, we have nothing to do. These are matters within the discretion of the Council, and all that we are called upon to de cide is whether or not the town au thorities can legally expend the money of the citizens in purchasing or leasing such property. A corporation, municipal as well as private, is an artificial creation. It has no life, no power, no right out side of :the.charter which gave it birth. This is its organic law. From its charter all its powers are originally derived,., and to its charter every at tempted exercise of power must be ultimately referred. Any act or at tempted exercise of power which transcends the limits expressed cr nee essah'ly inferred from the language of the instrument by which its powers are granted, - is beyond the authority of a municipal corporation, and is therefore null and void. This principle has been so repeat edly cile'd"and affirmed by our highest courts and most learned legal writers that, it can no longer be a matter of dispute. , " 1 Therefore the question as to whether the Town Council can legally lease oY purchase real estate for the purposd of a pleasure park must be decided solely and strictly from an inspection of its charter. And in construing, this charter we must be governed by the further principle that only such Itiuhts can be exercised as plainly nippear in the charter. Chief Justice ttilack The Railroad Aai7, Tb Gerjyrrjan, Tbe Business Aan, and all other men who have to look nMt while t work, ahould know about "CELLtaoTD " Col lars avd Cuffs. They look ex actly like linen, wenr well end I being waterproof do not wilt tlowu wltn bent aud moisture. They do not soil easily andean be cleaned In n moment bv sim ply wining oft" with a wet sponge or ciom. uo not couiusc uicae in your mind with composition J roods. Every piece of the genu ne is stamped like this : TRADF LULOII MARK Aslc for these nnfl refuse anything else if you wish satisfaction. Re member that goods no marked I are the only waterproof goods I made by coating a linen collar I with waterproof "Celluloid,' 'thus I giving strength and durability. 1 If your dealer should not have I the "Celluloid" acud amount di- 1 rcct to us and we will mall you I sample post-paid. Collars 35c. each. Cuffs, 50c. pair. State size and whether stand-up or turned- 1 down collar is wan tea. I THE CELLULOID COMPANY, R.nirinilv NawVmb tfuuuiiimimtumiuiiutiinnsniiintrMHnomnimitiHtm states this principle forcibly in the case of Com. vs. RR. Co., 27 Pa. St. 350, where he says: "That which a corporation is authorized to do by its act of incorporation it may do 1 be yond that all its acts are illegal. And the power must be given in plain words or by necessary implication. All powers not given in this direct and unmistakable mariner are with held. If you assert that a corporation has certain privileges, show us the words of the Legislature conferring them. Failing in this, you must give up your claim. A doubtful charter does not exist, because whatever is doubtful, is decisively certain against the corporation." Therefore, if the town through its Council has the right to purchase real estate for a public park, that right must appear in the charter, and it must appear by plain words or by nec essary implication. Ingenuity, logic or inferential reasoning will not avail us. Turning, then, to the charter, we find therein nothing relating to the purchase or leasing of real estate by the town, except as contained in division IV of Sec. r of the Act of April 3, 1851. (Town Laws, page 12). This provision provides that the town shall have power " to hold, purchase and convey such real and personal estate as the purposes of the Bor ough shall require. Under this clause the town may not noia sucn real estate as might, in the opinion of the Council, be simply convenient, advantageous or agreeable 10 me citizens, its real proptrtv is confined to such as the Borouch pur poses require. As we take it, Borough purposes are such as relate strictlv to Corporation, municipal purposes or the purpose of the town government. for instance, it has been decided that under this clause a Borough may own gas works to light its streets, water works, town halls, fire-engine houses, engines and other fire apparatus.' and the horses with which to pull them. the implements needed for repairing streets, a lock-up, the furniture for a town hall, the books in which the ordinances are recorded, and the like. (See Trickett on Boroughs). It is property of this character which was meant by the words "such as the purposes of the Borough shall require." we (io not believe that a pleasure park can be included in this clause of our charter. If purchased at all by the town it would be purchased mere ly as a convenience, a pleasure or a resort for the citizens, but it could hardly be said to have been required by any borough or municipal purpose, nor could its purchase as a sanitary measure be required in the present 6tate and condition of the town. It may be urged that this is a too narrow construction of our charter, but, as I have already said, all charters must be construed in the strictest man. ner. Not the least shadow of liberality is allowed us, and that this is a wise and salutary feature in our jurispiu dence is attested by the entire history of municipal government. Remember ing the words of Judge Black, that all powers not given in a direct and un mistakable mannerare with held, we arc clearly of the opinion that the first question submitted to us must be answered in the negative. Such a conclusion renders unneces sary any discussion of the inability of the town to make such a lease or pur chase on the ground that it would in crease our indebtedness beyond the lawful limit. This brings us to the consideration of the second and more intricate qties tion, viz : the town's liability on the former lease with the Land Improve ment Company, dated July 12, 1892, and its renewal, if it was renewed. In the discussion of this question a brief statement of the facts concerning the various leases aud their renewals is necessary. On !uly 12, 1892, the town of Bloomsburg, by a committee of its Council accepted a lease in writing from the Land Improvement Com pany, for Oak drove Park for the term of one year, commencing on the 5th day of June, 1892, for the rental of five hundred dollars with the option of renewal. This lease was made and considered as a renewal of the former lease between the same parties exe cuted in 1891. On May 5th, 1893, a motion was cartied in the Council to again lease the Park on the same terms as those of the subsequent year. However, no renewal of the lease was ever actually made pursuant to this motion. There the matter seems to have been dropped and affairs have remained in this condition ever since. No rent has been paid the Company for the years 1892 and 1893. Under this stale of facts we are of the opinion that there was no lease with the Land Company for 1S93, and that even if the town had used the Park for that year, which is disputed, and if the Land Company be entitled to recover at all, it could not claim from the town rent under a lease not in existence, but would only recover for 1893 on a quantum meruit, that is, for what the use of the Park would be reasonably worth. ' However, a more important ques tion rises in this connection, viz : Can the Land Improvement Company re cover from the town in any event? If our answer to the former question is correct ; if the contract or lease enter ed into by the Town Council on July 12, 1892, was ultra vires, that is, be yond the power of the Council to make, then their contract in said lease, binding the town to the payment of rent was void and of no effect. Let me quote from the work of Judge Dillion on Municipal Corporations, Sec. 933 : " Upon a contract which is ultra vires in the true sense of that ex pression that is, upon a contract re lating to matters wholly outside of the chartered powers of the corporation, there is no liability upon the contract, and the corporation is not estopped from setting up the defence." It would be rank injustice to permit the corporate officers to bind their princi pal, the town, by contracts they ne ver had any power to make. Again, it is a general and funda mental principle of the law that all persons contracting with a municipal corporation must at their peril quire into and ascertain the nature and extent of the power of the cor poration or its officers to make the contract; and a contract beyond the scope of the corporate power is void, although it may be under the seal of trie corporation. (See Dillion on Mun. Cor. Sec. 447). In contracting, therefore, with the town the Land Company was bound to know whether the municipal officers had the power to bind their corpora tion by such a lease. If the Land Compauy was mistaken in this it was at its own peril and loss. Although the town officials may have taken pos session of and permitted the public to use the Park, the Land Improve ment Company cannot compel the tax payers to pay rent therefore, if the conduct of those officials in tak ing possession of this real estate was without authority and the Land Com pany knew, or was bound to know, that their act was in that respect niegai. In a word, if, as we have already held, the lease of July 12, 1892, and its attempted renewal of May 4th, 1893, were acts beyond the power of the corporate officers, then their con tract is not binding on the town and mere can De no recovery by the Land Company on the lease. Respectfully submitted, Fred Ikeler, Aug. 16, 1894. Solicitor. - P. S We are aware that this opinion will by no means coincide with the wishes of many citizens who firmly Delieve that the Park would be of great benefit to the town and that the present is the proper time to make the purchase. Indeed, it does not concide with our own views in that respect. - But however much we may deplore the inability of the town to make a purchase of what many consider a needed improvement, we must nevertheless be governed by our charter in this as in all other attempt ed exercises of power. If that charter is insufficient to provide for all the wants of the town, some steps should be taken to procure an increased grant of rights and privileges, but in no rase can this Council lawfully vio late or disregard the provisions of the charter, however insufficient it may be. Creasy moved that the Council re lease Oak Grove. Motion carried by votes of Creasy, Yost, Hicks, and Wil son. Knorr, Sterling and Drinker voted no. Adjourned to Monday August 27 th. THE ART AMATEUR. Bkht and Lakokht Practical Akt Mauazini (Tha only Art Periodical awarded a Mdd:U at tno World's Kalr.) Invalwihle to all miowmnto make tlwlr living by art ur to vwki tlwlr Acmwn tieaiuifnl. Mi An w will Bond to any one mentioning IVu. this publication a Bpocl-- i p men c(ipy, wlthMiippibroldrplnti'Hiror I I IV unpyliiK or friimliit;) andU Hiippli'iimn- III tury pn'i-a of dcBlnux (regular price, V iiUli w will send nlso "PalritlUK for IlesrluiK-rH" ii uuki'is). MONTAGUE MAUKS, 23 UnloJ Square, NT. for Infants Taatorf in k nrll adapted to ch lUrra that I rwommend It aa superior to any pnwcrlptloo knows to me." H. A. Anruaa, M. D., Ill So. Oxford SL, Erocklyn, 21. V. "Tha UM of 'Cantsirta li an nntrprnnl and Ita merit so well known tlml It bwiiih a work of mipemroirntton to endorse It. Few are tho Intelligent famlllea who do not keep Castoria within eaiqr reach." Cabum Mahttx, T. T., Kew York City. TlIK CUMTATO ALEXANDER BROTHERS & CO. DEALERS IX Cigars, Tobacco, Candies, Fruits and Huts SOLE AGENTS FOR Henry Maillard's Fine Candies. Fresh Every Week. I2L1T1T"Z' GOCD3 A. GPSCIALTT, SOLE AGENTS FOR F.F. Adams & Co's Fine Cut Chewing Tobacco Hole agenta for the following brands of Clears- Honry Clay, Londros, Normal, Indian Trincoss, Samson, Silver Asb Bloomsburg Pa. I. W. HARTMAN & SON. MARKET SQUARE DRY COODS HOUSE. One person broke out in language like this : " What t com motion among tir dry goods during August ; every store making a big effort to clean up summer stock." We have done our share in letting people have cheap goods. Do you wish anything cheaper than wheat ? Then we have it in 3$c. calico; in sr. stockings ; in ioe. belts; in 4 pair hose for 45c; in 20 yards good muslin for $1.00 ; in remnants of dress goods, (cotton and wool) some one-half price i in laces, ribbons and embroideries. What more ? Why, chenille table covers at one-half price, and they bring buyers. One advertiser says "the chill is off; the financial sea is open, and the ships of trade will make fourteen knots an hour." We cheer them on. Butter and eggs are reaching out after bigger prices ; corn has gone up ; pasture dried up, and everybody ought to look up, for soon the free bridge will be filled up with people coming to Bloomsburg to trade. I. W. HARTMAN & SON. o D,( And Scloo! New Features, New Departments, A largo Corner Penn and OUR SHOE TRADE has increased to such an extent that we are compelled to make more room for it. "We Have Decided to close out our stock of dress goods to make room for the shoe stock. We will give you some rare bargains in dress goods to close them out. AH ladies' Oxford ties sold away down in price to make room for fall Btock. We have added to our shoe stock a line of Hanan & Son's fine shoes. W. Corner Main and Iron Streets. IF YOU ARE IN NEED OF CARPET, . MTTUlifG, or I1L CLOTH, YOU WILL FIND A NICE LINE AT W. H. BKOWWS 2nd Door aoove Court House. A large lot of Window Curtains in stock. mm and Children. Caatorla run Colic, O rurtlpntlrm, Sour Btotnnch, IMarrhrpa, Eructation, Kills Worms, giras sleep, aud promotes Al gent Ion, Without Injurious medication. "For aeeml year I ha8 rpoommmtil your 'Caatortn,' and ahull always outitimm 14 do so oa It boa invariably produced beni-0 li( remilt." KnwtH F. rnnit, M. P., 125th fltroet and Tth Ave., New Yorlc City CorAiT, 77 Mthrat Ptrftt, Nrw Yons Crrr. USIHE COLLEGE of Sliort2n.sirLd.- faculty, Positions for Competent Graluates. Lackawanna Aves., SCE ANTON, PA. M MQORE HAS ABLE, experienced and conscientious instructors. THE MOST PRACTICAL SYSTEMS IN ALL BRANCHES. Probably the finest commercial school building in the Statu ', well ventilated, with all modern conveniences, and in gooJ location. Kxcejitiunnl opportunities for placing grailititlea in paying poai'.ijns. BUCK, WHITMORE & CO., A?Stf.?r Will neit.1 Catalogue ami College Journal. SCBANTON, TA. College will open on Sept, 3, f-27 1-
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