THE COLUMBIAN, BLOOMSBURG, PA. ESTABLISHED lSliS. flue (TolumbiB fjcmofrat, KSTABISHKIl 1S17. CONSOUOATK11 ISM. eVBLISHKn "J' EHY KU1DAY MOUSING at Hlnoms'iiirif, tho County sent ot Columbia county, Pennsylvania. OKO. E. ELWKLL KntTOR. OEO. C. HOAN, FORKMAN. Tin;!: Inside the county, 11.00 a year In ad vanco; $l.5rt If not paid In advance outside tne county, fl.as ft year, strictly In advance. All communications should be addressed to TlIE COLUMBIAN, Dloomsburg, Pa. FRIDAY, APRIL n, 1S95. THE POOR DISTRICT STEWARD. to OPINION OF THE COURT. In Re-Petition and rule to show cause why mandamus shall not issue to induct Peter A. Kline into the of fice of Steward of the Bloom Poor District etc., Peter A. Kline, rela tor, and J. M. Larish, O. T. Wil son and A. C. Hidlav, respondents. In the Court of Common Pleas of Columbia County. No May Term 1895. 1 he petition is in the nature ot a bill in equity asking that a peremptory writ of mandamus issue against the Directors of the Poor of Bloom I'oor district to enfoice the rights of the relator, or, in other words, to compel a performance of duty on the part of the respondents The relator allege in his petition, that he was duly and legally chosen by the respondents on the 7 th clay of March 1895, to be Steward of the Poor District of Bloom, and that both parties entered into an agreement writing pursuant thereto and that the said Stewardship was to commence on the 1st day of April 1895. That at the time of filing his said petition, to wit March 23d 1895, he bad gone 10 great expense, trouble and inconven lence, preparatory to entering upon and into the said office. That not withstanding the premises at a special meeting secretly and irregularly called and had, on the 19th day of March 189? two of the said Poor Directors O. T. Wilson and J. M. Larish, pre tended, in secret, to revoke the said unaninuus appointment and to abro gate the signed and sealed agreement made with the petitioner. That they declared the office vacant and elects one C. H. Lee to fill the same and admitted him into the possession of said office. That he, the relator, is ready and desirous to take upon him self the duties of the said office of Steward to which he was elected and is entitled. The prayer of the peti tioner is for a rule to show cause, e'e same oay ruie issued to show cause why the right and title to the office oi Steward of the Bloom Poor District shall not be quieted and settled an the petitioner, Peter A. Kline, be in ducted into and permitted to hold and exercise the said office according the terms of his appointment. Io this petition and rule O. T, Wilson and J. M. Larish, on Marc .L O 1 S t . 30m 1095, uemurrea anu made answer. Demurred. 1st Because there no vacancy in said office 2a. Uecause the bill is uncertain and insufficient in law. Answered to the charges containe in the bill. 1st. mat me appointment was not legal but obtained by the frau and wrongful acts of the relator. 2a. that the written agreement is not binding on foor Directors, Poor District. 3a. inai mere is no vacancy 1 said stewarcship, that the action the board of directors, at their meeting mi iiaii.u iyi.ii 1095, in revoKing the wrongful appointment of the relator, was warranted and lawful and regular in appointing C. H. Lee and in in ducting him into the office of said Stewardship. 4th That damages to the relator cannot be considered in the present proceeding. We must decide the case upon pe tition, demurre and answer and are not, therefore, called upon, or required to decide all of the numerous ques tions mentioned. All matteis charged in the petition by the relator and denied by the res pondents must be proved by the rela tor, or they are not established, or made out. All, or any, new matter bet up in the aeswer by the respond ents, in avoidance, and denied by the relator, must be proved by the res pondents. Hence a consideration of the questions raised by the demurr er and matters charged in the petition. admitted, denied and hot proved will decide this case. Under the demurr- a 1 1 , . . argucu uy counsel lor the res pondents that the bill must be dismiss ed for want of proper parties, respond ems. 1 na; now, in April 1895, the old Board of Poor Doctors having gone out 01 otlice on the 31st of March, 1 895, only one member of the lorraer board remaining, is not suffi cient to warrant further preceedings agaiiiM me new Doard, or poor dis trict. The Bloom Poor District is a muni cipauty, represented bv a board of director consisting of three in number elected by the voters of the several districts composing its territory, and the caid board act3 by and through the unity of a majority of the members of said board. I'wo members acting at the tune ot I Ml nng the Dill antl answer nave res onded to said petition, anM 1 lie harges, nudo by the relator, bs:ing gairst te officers and representatives of a municipality, rather than against ndividuals the suit will not abate by the expiration of the term of office of the original respondents. When the proper papers have been once duly served upon the proper ofheers any further proceeding which they wan ant may be taken against their successors without proceeding ue novo, it is but a repetition of the same proceed ing against the same party represented bv another, or other persons. t he bloom roor uisinci wnicn in cludes and is composed of territory covering several townships within the county is a Douy corporate ana un questionably a quasi munici pal Corporation. It was organized, and is conducted under and by virtue of the Acts of Assembly of April 2d i860 pamphlet aws, page 538, March nth 1S09 r. L. page 320 and supplements thereto. Among other things, the 4th Section of the Act of i860, provides that the directors shall appoint certain officers and assistants and among them that of Steward, as they mn ilcem neceaa- iv u to serve for one year, and until successors are appointed and qualified, and said officers and assistants may be removed bv said directors for neglect of duty or misconduct in of. fice and the vacancies be hiie.1 ay them. It is eauallv well settled that tne office of Steward is an appointed of fice within the meaning of Section 4 article 6, of the constitution of the State and subject to be vacated by the power that filled it. See Thomas vs.- the Scranton Poor District re- of- THE INCOME TAX DECISION. The Supreme Court of the Uniled atcs on Monday handed down its decision on the Income tax law. The effect of it 13 that the income tax clause of the Wilson act conslition.il, but that two large classes of wealthy citizens shall be exempt from the operations of the law. Landloids and the holders of Federal, State, county and municipal bonds are ro- tected by the Constitution, while merchants, manufacturers and wage earners having salaries of $4,000 or more per annum must submit to the inquisition. It is estimated that this will reduce the revenues about $15,000,000. An extra session of congress has been talked of, but it is not likely that one will be called. The Easter Number of the New Tork Ledger. The Easter Number of the New York Ledger surpasses in beauty and interest any previous issue of that famous periodical. The cover is ornamented by the figure of a beauti ful young woman, arrayed in the fresh est of spring costumes, surrounded by cupids bearing flowers and musical instruments, enveloping her with the odors and airs of springtime. The listening attitude of the figure is full of suggestion and prophecy of the future. The contents of this number of the Ledger are in keeping with the beautiful cover. It is replete with delightful editorial matter, appropriate miscellany, poetry, children s stories, correspondence, science, and the always interesting department for wives and mothers, entitled "The Woman's World." The Kaster Number of the New York Ledger contains twenty-eight pages, beautifully illustrated, and is sold for only 5 cents. is or of Com. Tleas Rep. page 155 and cases therein cited. At a meeting of the Board of Di rectors duly convened and acting in good faith, a majority has the right and power to reconsider their action in appointing a person to office whose term has not commenced or expired, and revoke the appointment, move an incumbent, declare the fice vacant and fill the vacancy by reappointment. The relator, in this case, in accept ing the office of Steward assumed the risk ot being removed at the pleasure of a majority of the board of directors, for the causes named in the Act of Assembly. His petition sets forth the meeting of the board of directors, their recon sideration of their action in appoint ing the petitioner, their revocation of his appointment, the vacancy of the office declared, and the appointment of C. H. Lee to fill the same and his induction into the office. True the petition alleges that these proceedings were secretly, unlawfully and pretend edly had, but these allegations are denied by the respondents and we cannot under this proceeding try and determine the disputed right and title to the said office. If the petition had been filed sub sequent to April 1st 1895, the time fixed by the parties for entrance into the office by the relator, and after a demand made by him to be permitted to enter upon his duties, and contain ing only a refusal by the respandents to permit him to hold and exercise his office, for the reason that his ap pointment was procured by his mis representations and by wrongful means, accompanied with proof, by evidence taken, that he had been wrongfully and unjustly rejected, we might hold, under this bill in equity that it was the bounden public duty of the respondents to admit the rekv tor into othce when the same was vacant and even enforce such admis sion by a writ of mandamus. But the bill was filed eight days betore the time agreed upon in writ ing, by the parties, at which the rela tor could demand entrance into his office, and furthermore it contained notice and full knowledge of the rela tor s removal from his appointment the vacancy declared, and the fillin? of the same by the appointment of C. H. Lee and his acceptance, in duction and service in said office, We are therefore, upon the matters set forth in the petition constrained to sustain the demurrer. Mandamus will not lie to compel a municipality to admit to office a per son duly and properly elected when there is na vacancy in the office, and it is already filled by an actual incum bent exercising its functions de facto and under color of right, as the bill in this case shows. Quo warranto, the proper remedy to compel the ad mission of another claimant to public office and to determine the disputed title to the same, and not mandamus. Ihis proceeding being premature and without right, on the part of the relator, the demurrer must be sustain ed, and the rule discharged. And now, April 4th, 1895, it is so ordered. By the Court. E. R. Ikeler, P. J The bill to prohibit the killing of deer in the State under a penalty of $230, lor five years after October 1 next, passed finally in the House. A similar bill as to the shooting of quail and other game birds and the taking of fish from the public streams is like ly to follow. A lot of new judgment exemption notes, with attorney s commission, and waiving everything, just printed at this omce. bold single, or in books of 25 and 50. tf. AUDITOR'S NOTICE. Kstate. o f Tliotnas Lull deceased. The underslirned. an auditor amtolntcd bv the Orphmi's Court of Columbia county to 111:1 ke distribution of said estate, will sit In his ofllce in Bioomsburir, on Monday. Annt vu. inns at o'clock a. m., when and where all Dersons hav Inir claims niriitriMt said estate must, annear and prove the same, or be debarred from coming In on sura iuna. KOBEltT It LITTLE, Auditor. 4-l.Ma. A Superb Rehgio- Educational Fine Art Pi lVilir'j int'i has the IS That 1 area la a Oanprritius symptom. It means n lack of vitality In the blood a dc crtviKii of the rod corpuscles upon which tho strength and richness of the blood depends. It comes especially in the Spring because tho system 1ms boon subject to unusual demands during the cold weather. Tho wasted vigor imiBt bo re-oupplied. That tired feeling must bo overcome, or rlso tho ap proaching hot weather will havo most crlous effects. The best Spring Medicine Is Hood's Sarsaparilla, because it cures That Tired Feeling by purifying, en riching and vitalizing tho blood, giv ing it power to carry health to every organ of tho body. It " makes tho Trunk strong," not by stimulating, but by actually giving strength, by build ing up tho wasted energies, restoring Purify tho appetite and assisting tho stomach and digestivo organs in their impor tant functions. Tho importance of at tending to this matter of health now cannot be overestimated. Hood's Sar saparilla Mill make a rant improve ment In your feelings. It will thor oughly renovate your system and lit you for tho duties and pleasures of tho spring and summer. The Wonderful Cures of scrofula, salt rheum, eczema and other diseases which have been accom plished by Hood's Sarsaparilla have given it tho loading place in tho field of medicine. "When you take Hood's Sarsaparilla to purify your blood you are not experimenting. Tho facts all provo absolutely that in Hood's Sar sanarilla you havo a medicine tried and true. It has cured thousands of others and it will do you good. Do not be induced to buy auy other. Insist upon Hood's and only Hood's Has Merit One Bottle Convinced Farther Use Cured Hip Dlsaaae, Sciatic Rheumatism, That Tired Feeling. I read that ono bottlo of Hood's Sarsaparilla would convince mo of its merits, and I havo found this true. "Some two years ago two ulcers appeared on my hip, which, after being sore a long time, broke and discharged. I also was attacked with sciatic rheu matism, my leg being drawn so that I could hardly get around tho house. I hardly knew what a good night's rest was. The hip trouble caused mo great trouble and annoyance, and eczema "I have been taking Hood's Snrsa parilla for six months. Iicfore I begun taking it I had that tired feeling when I got up in tho morning, also a terrible headache and my blood was very in pure. Sinco I havo been taking Hood's Sarsaparilla all that tired feeling ) gone, also tho headache, and my blood is pure again." Wiluam Gaiiokkb, 10 Tower St., Fall IUvor, Mass. Makes the Weak Strong. " I had a tired and drowsy fooling and my nerves wero In a bad condi tion and appetite was poor, so I con cluded I would take Hood's Sarsupa rllla. After I had taken the second bottlo I began to feci much better and I recommend Hood's to all." Fxmka J. Wooiaet, Jamesburg, New Jersey. Youir Blood appeared on my hands. Naturally I began to run down, was weak and low spirited. Tho physician told 1110 my hip would havo to bo operated upon before I would get any better. At lant I decided to toko ono bottle of Hood's Sarsaparilla. In three weeks my rheumtitimn entirely disappeared and 1 found that I Was on the Gain. This was very encouraging, and I found that I could sleep well at night. My health steadily improved, and, of course I continued biking Hood's Sarsaparilla. My hip has been restored to good con dition, tho sores have stopped discharg ing and healed up. I am ablo for the first time in three years to do my own housework, and can walk two miles without trouble. I havo no symptoms of rheumatism; that tired feeling hns entirely left me. Mv neighbor say 1 look better than for many yeurs. 1 do earnestly recommend Hood's Sar saparilla to all sufferers, especially those, afflicted with imimre blood." Mjjs. A. S. IJowen, Cliuc, Arkansas "My brother and myself havo had scrofula or salt rheum ever since wo wero born. We took Hood's Sarsapa rilla and commenced to get better. When we had taken ono bottle and a half each, wo were cured. My mother used to bo troubled with heoducho and pains, but took Hood's Pills and was cured." James Scanlon, 4 lloxford St., Norwich, New York. Hood's and Only Hood's. "I took Hood's Sarsaparilla for a tired, worn out feeling, and it has proved the best medicine that I have ever taken. I bad a breaking out on my face which I thought was crysip. clas. I commenced using Hood's Sar saparilla and havo not had any of that troublo since." Mrs. H. B. Keadlk, Tickaway, "West Virginia. Hood's Sarsaparilla is sold by al druggists. $1; six for $5. lYepared by O. I. Hood & Co., Lowell, Mass. Hood s The Blood Purifier and True Nerve Tonic apsairiDBrB Italia JOHH R. TOWHSE s X lit fjllllli HATTER. Gidding & Co. sell men and boys sweaters at 0 cts. between 4 and P. M. Saturday. "The earthly footsteps of the Man 01 oahlee, piously trace with note book, pencil and cam era, has created quite a stir in Jnsland. lhe London News ordered 40,(00 copies of No. 1 Portfolio alone. These folios each contain 1G beautiful views also an eight colored map in all portfolios. The collection of 384 photo graphs was made by the cele brated landscape photozrapher, R. E. M. Bain. The descript ive matter was written by Rev. John H. Vincent. D. D.. L. L. D., and Rev. James W. Lee, D. D., after 3 eeparate tours oi the Holy Land. An onportu nity is thus given to make a delightful tour through Pales tine without leaviug home, bringing a far off country and lime near to us. How to Secure these Splendid Portfo lios: For everv cash purchase and 10 cents additional, you will be given one ot the?e beautiful portfolios, and thus continue until you have secured the en tiro series of 24 numbers. We guarantee to furnish customers wi.h the entire se ries as wanted. We carry a large line of Wall Taper at lowest prices, and wish it dis tinctly understood the above portfolio o.Ter does not lessen the purchasing power of your uonar wiin us. William 3. Slats, BOOKS, 8TA TIONER Y AND WALL PAVER. Exchange Block. SUITS FROM S18.00. CORNER MAIN & MARKET Sis. BLOOMSBURG, PA. TROUSERS FROM S5.00. We have no doubt that April's intentions are good. While she shows a lamentable disposition to 6top and sit down on old Winters lap occasionally, she will get here by and by and bring some weather with Jier. in tne mean time pome oui between the showers and see what we have to make life worth living. DRESS STUFFS. It is almost impossible, for want of advertising space to go into details, but if you want to see the finest line we have ever shown, we are anxious to show it to you. Some exclusive styles in just dress patterns in the latest weaves. CLOVES. Our department in this respect is the most complete in town, and we aie now showing the finest line of gloves, Men's, Boy's, Ladies' and Misses in kid, lisle thread, silk chamois and dog skin, for Men's street wear we have ever offered to the public. Our ladies' silk gloves go with a guarantee, which it will pay you to look at. We are making a special drive on Men's Dog Skin gloves for street wear, as they go now for 75c the pair. CREPONS. We can not sav too much in regard to these as for beauty in shades and combination, and quality and price thev are unsurpassable. We are show ing them in black for skirts, 1. as and 1.75 ai ,or at 1. 00, waists in all colors plain and figured at 35 and cents. 6o PERCALS. Vou will want shirt waists for morn ings and these are the most useful things for that purpose we can show, and the price is very reasonable, only 10c per yard, 36 inches wide. HOSIERY. We are selling the Y. D. Hosiery double sole, high spliced heel and the best stocking that we can buy. These are absolutely fast black. Calling a -27- w ' ry mm SHOES. Your boys will want a shoe this snrine and our "Bay State" shoes can not be equaled in torn or any where else for the money. They will out wear any shoe made. GROCERIES. Home dried fruits of all kinds and the finest California evaporated pears, peaches and apricots on the market. Canned goods of the finest quality and at any price you may want. your attention to our line of JEWELRY, WATCHES, SILVERWARE, GLASSES, ETC. We Blow Our Own Horn only to atrract your attention, 'lhen we want to invite you to visit us it ; .;oi ,v.v,r nr not vou want 1 la iiiiiiiaiw.iui "v"vi v. 4 to purchase anything. W e are show ing a tine line 01 silver anu K'Da Blowing Your Own Horn is all right when there is no one else to blow it for you. Whoever sells first-class goods at low prices can de pend upon his customers to blow his horn for him. This is my policy n the sale of jewelry, watches, silverwat glasses, &c. PUBSIL & MAMMAE Bloomsburg, Ta J. C. WELLS, BLOOMSBURG, pENNA Wanted1 We want lreJ ml nienlotlilavloluliy ""Tor our CHOICK NUK- PK11Y STOCK. We will pay wrr., Irt nilMilon and lurnmu n outfit tne. Write ouc-e lor temis na in.onu....u . c0, ma uiJii'ii' 7 i,-M itvA. N. V.
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