iff
Calendars are all
gono. Come and get a
copy of "Yours Tr;3y,"
a pamphlet of illustrat
ed humor, four num;srs
of wHch ara give-, to
every advance subscri
ber. If you want a crop
of prosperous busings,
plant your Spring ad
vertisement now.
VOL 30
ISLOOMSBUKG. VA.. FRIDAY. JULY 19. 1S95.
NO '29
LIVELY COURT
NEWS.
Special Licence
Case
man.
of N, Lleber-
The Court Hold the Town Ordinance
Providing for a Special License of
Tifty Dollars for Transient Deal
ers Invalid.
ELECTION INJUNCTION CASE
F. P. Drinker Tiles a Bill to Restrain
the Town Council Prom Holding a
Speoial Election to Increase the
Indebtedness of the Town,
and to Build an Eleo
trio Light Plant.
INJUNCTION
ISSUED AND
HELD.
NO ELECTION
Mention was made last week of the
arrest of two transient dealers in
clothing, for refusal to pay the special
license of fifty dolbr. and of their
being fined and imprisoned by S. C.
Creasy, President of the Town Coun
cil. A hearing was held before
Judge Ikeler on Friday last. R. R.
Little Esq., town solicitor, appeared
for the town, assisted by Jas. Scarlet
Esq, of Danville. Lieberman and
Vogel, the defendants, were represent
ed by ikeler ana ikeler. ine case
occupied most of the afternoon. The
facts as brought out at the hearing
were as follows : N. Lieberman came
to Bloomsburg on Friday, the 5 th,
inst., and opened a clothing store in
Dr. Evans' building corner of Main
and Jefferson streets. He obtained
from the county treasurer a retail
mercantile license for which he paid
seven dollars. He advertised a ten
days' sale of clothing damaged by fire,
which brought him under the class of
transient dealers.
Ordinance No. 46 reads as fol
ows : " All transient stores beginning
business, for the sale of any kind of
merchandise whether the same shall
be represented as bankrupt, assignee,
damaged by fire or by any attractive
or conspicuous advertisement whatso
ever, shall pay a license of fifty dollars
per month to be paid monthly in ad
vance, and upon the failure of said
persons to secure license, he or they
shall be fined in the sum of not less
than one hundred dollars to be col
lected as all other fines are by law
collectible, and in default of the pay
ment of said fine or costs, be impris
oned in the jail of the county for a
period of not less than thirty days."
The ordinance was passed in pursu
ance of the act of May 4, 1889, which
is as follows :
Section i. He it enacted, do ,
That hereafter every person, whether
principal or agent, not engaged in a
permanent business in any city,
borough or township of this Common
wealth, but entering into, beginning
or desiring to begin a transient retail
business in such city, borough or
township, for the sale of any goods,
wares or merchandise whatsoever,
whether the same shall be represented
or held forth to be bankrupt, as
signees, or about to quit business, or
of goods damaged by fire, water or
otherwise, or by any attractive or con
spicuous advertisement whatsoever,
shall take out a license for the same
from the proper authorities of said
city, borough or township. The
amount of such license in any city or
borough shall be fixed by ordinance,
duly passed by the council of such
citv or borough, and the amount of
such license in any township shall be
fixed by the county treasurer, and to
be paid into the school fund of such
township, to be used for school pur
poses, which license shall not be less
than twenty five dollars, nor exceed
the sum of one hundred dollars per
month : said license to be renewed
monthly durinir the continuance of
said sales ; and upon failure of said
person or persons so to secure license,
he or they shall be fined in a sum not
less than one hundred dollars, to be
collected as all other fines are by law
collectible, and in default of payment
of said fines and costs, be imprisoned
in the jail of said city or county for a
period not exceeding thirty days.
Section 3. Any person failing to
take out a license, or refusing to pay
the license tax required by this act,
or who shall violate any ol the pro-
visions thereof, shall on conviction be
fined not less than one hundred dol
lars, and in default of payment there-
01, logetner wun costs, iu uc um-mawi!
ed tn the city or county jail not ex
ceeding thirty days.
This act was subsequently amended
May 10, 180, providing for a tnaxi
mum license fee of $1000 per month,
but retaining the other conditions.
In pursuance of the ordinance Mr.
Creasy called UDon Lieberman. and
demanded the fee of $50. This was
refused, and then Lieberman and
Vogel were arrested by Chief of
Police Knorr, and taken before Presi
dent Creasy at the Town Hall. On
the witness stand Creasy testified that
on refusal to pay, he fined them $230,
and committed both to jail for 60
days, because he understood that
both were the owners of the store.
It appeared however that Vogel was
a clerk, and the case was not pressed
against him before the court. There
appeared to be some irregularity in
the papers made out by the President
for their commitment to jail, which
was conceded by the counsel for the
town. After arguments by Fred
Ikeler and James Scarlet, the court
rendered the following opinion :
OPINION OF THB COURT.
Of course this caso must stand up
on the evidence here, as pioduced by
the commonwealth. Under and ac
cording to the law governing hearings
of this kind, the defendants are not
permitted to give any evidence. We
have heretofore, 111 Montour County
where, in a similar case, the prisoners
were petitioners, carefully examined
this question the questions raised in
this case. We have examined the
acts of assembly relating to them.
While we are quite clear that the
meichants of the town may be pro
tected by a proper license under a
proper law by a constitutional act
of assembly and a town ordinance
properly drawn thereunder : while we
are satisfied that such an act and such
an ordinance pursuant thereto would
control the license and warrant its
collection ; and would be no doubt a
wise remedy for the evils existing and
contemplated by the present legisla
tion, and would be a wise means of
protecting the resident merchants of a
town or other municipality: we are
yet fully convinced that the act of
assembly of 1889 and the ordinance
drawn under it are void. If we were
passing upon the record as it stands
before us, we would have been oblig
ed to discharge the petitioners at their
first hearing ; but we have permitted
the commonwealth to give evidence
and to show the facts. When we per
mit that to be done it is our duty to
construe the act of assembly and the
ordinance strictly. That is, after al
lowing the commonwealth to give
oral evidence in support of, and in
addition to, the warrant of arrest, re
cord of conviction and commitment,
it becomes our duty to consider the
invalidity of the ordinance and the
constitutionality of the statute under
which it was framed.
There are some cases, however,
which hold that the constitutionality
of a law, statute or ordinance can not
be tested under a habeas corpus, and
when that is the only alleged ground
for relief the prisoner would be re
manded. But the contraiy rule is the
soundest in reason and best supported
by authority. In this case the com
monwealth admits that it has no
cause to detain M. Vogel, one of the
prisoners, and consents to his immedi
ate discharge. The other prisoner.
N. Lieberman, must be released, not
only because there is no proper judg
ment, warrant, commitment, or re
cord of conviction, but because the
statute of 1889, under which the town
ordinance was drawn, is unconstit
tional and the ordinance under which
the prisoner is held is found to be in
valid. This is strictly in accordance
with the able and lucid opinion rend
ered in April iSo"?. by Judge Scott
in an almost similar case ot ooutn
Bethlehem vs. Hackett Carhart & Co,
reported in the Northampton Re
porter, page 381. mere Deing no
evidence to warrant the detention of
the prisoner we find that he is depriv
ed of his liberty without due process
of law, and we accordingly direct him
to be released.
Bloomsburg Pa., July 12th, 1895
By the Court.
THE ELECTION INJUNCTION.
On Friday afternoon a bill in equity
was filed in court tv t. r. unnker
to restrain the Town Council from
holding an .election on Tuesday, the
16th. on the question ot increasing
the town indebtedness and an electric
light plant. The plaintiff was rep
resented by C. R. Buckalew, J. G.
Freeze aud Fred Ikeler Esqs. A
preliminary injunction was granted
and a hearing fixed for Monday morn
ing at nine o'clock, at which time the
defendants were represented oy K. k.
Little and Tames Scarlet Lsqs.
The defendants in the bill are the
President and members of Council,
and the election officers of the four
election districts. The bill sets forth
among other things, the following :
Third That the Council of said
Town on the aist day of May, 1895
passed an ordinance entitled, " An
ordinance to provide for an increase
of indebtedness of the Town of
I Bloomsburg. in order to fund the
present indebtedness of said munici
pality as evidenced by outstanding
orders, and a judgment of the court
in an action for tort, for damages bus
tained by W. R. Ringrose for person
al injuries received, and also pur
chase real estate and the equipment
of a plant to furnish light for the sr'd
town, and to pay the expenses inci
dent to the opening of Jefferson street
and North street, ordained to be
opened by previous councils, and for
obtaining consent of the electors of
said municipality thereto, a copy of
which ordinance is hereto nttnrhfd
marked " Exhibit A," and which the
Plaintifl prays may be taken as a
part of this bill.
Fourth That in pursuance of
said ordinance public notice has been
given of an election to be held in
the several election districts ot said
Town on Tuesday, July 1 6th, 1895,
at which election the qualified elec
tors of the Town may vote for or
against the increase of the bonded
indebtedness of said Town, as pro
posed in said ordinance, a true copy
of which notice is hereto attached and
marked Exhibit which elni..l
the Plaintiff prays may be taken as .1
part of this bill ; and that the ele ti.m
officers in the several election districts
of said Town, above ri.uui.vl, intend
to hold said election pursuant to sui '
ordinance and notice and make re-
urns ot tiic same, ana mat uie rresi- 1
. .1 . .1 VI
lent and members of the town Coun
cil, Defendants above named, intend
to prepare and distnbute printed
tickets for said election, and blnnks
to the election officers, and otherwise
incur expenses for said election, to be
paid by the said Town, and they in
tend atso, in case an atfamative vole
by a majority of said electors at said
election, to carry their aforesaid ordi
ranee into complete execution.
Fifth That the ordinance of the
Council and the notice to electors
above mentioned, combining for a
single vote of assent or disapproval
by the electors at the election, of a
large amount of existing indebtedness
of the Town, and a new debt for
electric light works to be owned by
the Town ; together with certain
street indebtedness of uncertain
amount, in part existing and in part
prospective, under pretense of ob
taining electoral assent to an increase
of debt, is unwarranted in law and is
an unreasonable, unfair and mislead
ing exercise of authority by the Coun
cil. Sixth That the intended purpose
and certain effect of the submission
to the electors by the ordinance and
notice was to secure for the new in
crease ot debt a large number 01
votes from persons holding Town or
ders and other demands against the
Town, as well as of the citizens
generally interested in reducing rates
of interest upon existing iudebled.iess.
and thus prevent a fair election upon
the question of increase for an electric
light investment by the Town.
Wherefore, because the riaintitt
and other taxpayers of the said Town
have no adequate remedy at law, and
will be greatly damnified by the exe
cution of said ordinance, prays for
equitable relief as follows :
1 That the president and the
several members of the Town Council
of the Town of Bloomsburg be enjoin
ed from preparing or distributing any
tickets to electors or blanks to the
election officers of said Town at the
proposed election to be held therein
on Tuesday next, and from otherwise
incurring any expense for said election
to be paid by said lown, and also
from carrying their said ordinance of
May 21st, 1895, into execution.
2. That the several election officers
of the Town of Bloomsburg, Defend
ants in this suit, be enjoined from
holding the said proposed election on
Tuesday next, or doing any act, mat
ter or thing in relation thereto without
the further order ot the court.
x. For such other and further re
lief as to your Honors may seem fit
and proper.
Mr. Buckalew made a long and
able argument in support of the bill,
and was followed by Fred Ikeler, also
for the bill. Mr. Scarlet addressed
the court on behalf of the town. H
contended that the bill was defective
in that no sufficient bond accoiu
panied it i the proper parties were
not joined in the bill ; tne bill was nut
filed in good faith ; the court had no
jurisdiction over the subject matter,
and cited numerous authorities in sup
port of his position. His Rpcech oc
cupied two hours. Col. Freeze clos
ed for the plaintiff, and Judge f keler
then rendered the following decision :
And now July is, 1895, after hr.T.
ing in open Court, the preliminary
injunction heretofore granted is con-
tinued until final marina or further
order of this Court.
There was thereftae no election
held on Tuesday.
BRIEF MENTION.
About People You Know.
Rev. P. A. lleilman attemlcd Christian
Endeavor Convention in lioston.
J. R. Townseml attended United Statc
court at Kric, as a juror this week,
Charles Chalfant Ks. of Danville, was an
interested listener in court on Monday.
W.S. Moyer is having a concrete pave
ment laid at his Market street property.
Mrt. Price of FnMtvilV, has been visiting
her friends here during ihc past week.
W. S. Mover's family and J. L. Moycr
and family went to the Vance farm, near
Orangeville, where they will rusticate for a
couple ol weeks.
Rev. A. J. MeCaim was among the priests
who participated in the dedication services
of the new Roman Catholic church of the
S.v red Heart, at I.aporte, on the 4th.
Ivi'v, l If. Ihandt attended, a special
meotin,;ol Wyoming C'.lassis of the Relorm
ed ChuiJi, at Wilkes-11. u ic, on Thursday.
Rev. A. II. Mont.:, of Uranpevillo, also at
tended. Ki.v. J. K. i.'iiu.n i . 1. of Selinsgrove
prci:'.U'i io llie I.uiheiau Chinch last Sun
' 'I- w v ;V: -1 1 ,r V.ere many years
a and ws one of the professors in the
c lays liihIiu liio'iin-liiiig Literary Insti
ll. '.i
1 J i . V. I innklin .Smith, of New York city,
iorinciiy i 1 10M11 1', li.u levmly been ap-
j;i,ie ! :ic' ,ln:al in.puctot in New York city,
.1' a n y jf cioo p;r m-nUi. In the com
petitive examinations for appointment on
li- l!...ir' : " !'. l'r. Stiii'-. ranked fifth
f.i..:i ilij .v.. a a ; client ie of 93.30.
There were 150 competitors at this examina
tion. Tli.. appointment will not interfere
vi'li the Dortni-'s private practice. " Gosh
en, A. , 1 )emociai. '
It never pays for people to lose their
heads. They are apt to do and say
things for which they will be sorry
when they have time to calm their
passions and take a sober second
thought. Talk of hanging a Judge
in efligy because he has not decided
in accordance with the clamor of an
excited public, is the most idle non
sense. It is moie, it is a menace to
the public peace that ought not to be
indulged in, nor encouraged either by
individuals or the press.
lo come to the point. By his two
recent decisions, the transient cloth
ing dealers and the election injunc
tion, Judge Ikeler seems to have given
great offense and he has been subject
ed to severe criticism. We are not
the champions of the court, and have
no apology or excuse to offer in its
behalf. The court probably would
not thank us were we to do so, but
cool reflection must satisfy every rea
sonable man that the hasty judgment
of the public is more apt to be wrong
than the deliberate jadgment of the
Judge. The Lieberman case was
decided on the authority of a decision
of Judge Scott of Northampton county
in a precisely similar case, and Judge
Ikeler says in his opinion printed else
where in this paper, that after careful
examination he came to the conclu
sion that fudge Scott was light, and
so held.
In the injunction case, the argu
ment was made on Monday occupy
ing most of the day. Voluminous au
thorities were cited by Mr. Scarlet,
which it was utterly impossible for the
court to examine in time to render a
decision by seven o'clock Tuesday
morning; and so he continued the
injunction, stopping the election until
he has time to consider the questions
raised by the bill in equity, If it is
found that the bill cannot be sustain
ed, another election may be ordered,
the Town being put to the additional
expense of re-advertising the ordinance
and notices which may or may not be
recoverable from the plaintiff in the
bill. If the bill is sustained, that is
the end of the election in its present
form. The proper administration of
justice must be governed by the laws
as they are. If the time shall ever
come when the decisions of the courts
are influenced and moulded by public
clamor, we shall then have reached a
most dangerous period in our nation
al existence.
Frank Emmett, son of A. J. Em
mett of Hnnilock township, met with
a serious injury lat 1 huisday morn
inc, by falling otf a hay wagon, while
he was unloading hay with a carrier
fork. I he rope broke, throwing him
on the barn floor. Dr. Montgomery
of Buck Horn, was called, and found
some bones fractured. Mr. Emmett
lives on his father's farm in Frosty
Valley.
X. U. Funk, Esq., has been ap
pointed by the court of this county,
Commissioner to lake testimony and
find the facts in the Election Contest
relating to the election of Director of
th? Vinr of Copyi;;harn Township
and the borough of Centraha. The
Commissioner is directed to sit for
the purpose of taking the testimony
at the house of I). F. Curry, in Cen
tralia, within twenty days from July
1 ath, 1895.
BHS3!
Win. 1 -, . - . . -J
All wool pants warranted not to rip, buttons never to
come off. In case a pair should rip for you or buttons should
come oft, bring them back and we will give you a new pair.
Price per pair, $2.00, $2.50, $2.75 and $3.00.
See our great assortment of men's pants at $1.50, $2.00, and
$2.50, 'worth easily a dollar more.
SU1LMEE
EEBPCTMM
SALE
of
CLOTHING.
DOWN TO WHOLESALE COST.
A great many men's, boys' and
children's suits, $2 and $3 taken oft
our extremely low prices on suits.
Don't make a mistake. There
is no need to visit fake clothiers
when you can buy fine clothing
so cheap at Bloomsburg's Grand
Old Stand,
0
LOWER!
Clothing Store.
'EM.
ONE1
8 BP