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.
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Will neit.1 Catalogue ami College Journal. SCBANTON, TA.
College will open on Sept, 3, f-27 1-