8
THE COLUMBIAN, BLOOMSBURG, PA.
Try k Hi lyj: Mi hu
For fixing Plates
and Film, and also for
fixing Velox, Vinco,
Dekko, Azo and other
Bromide developing pa
pers. This bath will
prevent plates from
frilling, and paper from
blistering, and keeps
indefinitely. It is made
from carefully tested
chemicals, and put up
in bottles ready for use.
One trial will convince
you that it is the
BEST FIXING BATH
On the Market.
l6 oz. bottles, 15c.
16 07.., and customer
furnish bottle, 10 cents.
T. IE. 0"2TS,
JEWELER,
And dealer in Photographic Supplies,
15LOOMSCURG, PA.
THE COLUMBIAN.
BLOOMSBURG, PA.
J. S. Williams & Sob,
BLOOMSBURG PA
Public Sale Criers and
General Auctioneers.
tw fifteen yarn experience. HatlHfaotlon
rOArantrwl. Bout return of any Hale criers In
thin Kcilon of the Mate. Write for terms and
fetes. We never disappoint our patrons.
The largest line of juvenile books
and prices right at Mercer's Drug
& Book fetore.
The formation of labor is said to
be affecting the National Guard
circles. At Williamsport alone
twenty-five young men have already
asked for their discharge, claiming
that the trade organizations to
which they belong requires them to
withdraw from the guards.
We have learned quite recently
of the entertainment given at
Orangeville on Memorial Day last
year. Should the good people of
that borough desire, the services
ot a good, active committee, they
can probably get some Wilkes
Barre gentlemen to act in that
capacity. Mr. Frank Ricketts can
furnish their addresses. If they
want to engage the Light Street
band they must speak in time.
WILL BENEFIT CORPORATIONS-
The Pennsylvania Canal to be Utilized for
the Sale ot Water Power.
In speaking of the bill, signed by
Governor Stone last week, which
gives the railroad companies the priv.
ilege to sell water from the canals in
their control for private, domestic, or
other purposes, the Harrisburg corres
pondent to the Philadelphia North
Amur La n sayes
"The act is general in iu character, and
applies to every canal in the Stale, but it
particularly affects the Pennsylvania Canal,
owned by the Pennsylvania Canal Company.
The canal ha recently been abandoned from
Loyalsock to Columbia, a stretch of 144
miles, and in urdur that the Company may
utilize its water rights it was necessary to se
cure the passage of this bill.
The Company expects to supply water
power 10 manufacturing est.il lishments and
other industries at Harrisburg, Nanticoke,
Sunbury aid other paints along the lice, in
the vicinity of its dams in the Susquehanna
river. Many industries at Bloomsburg, Cat
awissa and other points, from Northumber
land to Wilkes-liaire, will now gel their water
power from 1 he Company.
The bed of the canal at certain places will
be eventually filled up and .covered with rail
road hacks, and along certain other sections
the towpaths will be utilized for this purpose.
Under the Stineinan bill the Company is not
required t maintain the bridges across the
canal.
The Kailroixl Company expects to fill up
the old basin at the terminus of the canal at
Columbia and lay tracks to increase its yard
facilities. The canal parallels the railroad
from Harrisburg to Columbia, and the
ground it occupies can be utilized by the rail
road at a very small con. l'rnn Clark's
Kerry to riunlwry the canal is on the oppo.
site side of the river fm the railroad, while
from Snnbtiry 10 Muncy, and from Sunbury
to Nanticoke it runs along t lie tracks.
By signing the Stineinan canal grab bill
Governor Stone has incouraged the promot
ers of the Erie land grab scheme to redouble
iheir ellons to torce it through the House.
They are coiiliilcnt the (joveinor will approve
the bill, if given a chance, in the face of the
precedent set fur him by (juvvrnur Hastings
in vetoing a similar measure in 1S97."
The b'll hns passed the Senate and
its position on the House calendar
will probably bring it up this week.
In the case of T.J. Vanderslice
versus W. Krlckbaum.
Judgment Entered for Respond
ent on the Demurrer.
In the Supreme Court of Pennsyl
vania. Commonwealth of Pennsyl
vania, ex. rel. John G. Harman, Dis
trict Attorney, vs. William Krick
baum. No. 1 16, January Term, 1901. Ap
peal by defendant from the Court of
Common Pleas of Columbia County.
Filed May 13, 1901.
Mestrezat, J.
Jeremiah Snyder was elected Treas
urer of Columbia County on Novem
ber 6, 1899, for the term of three
years, commencing on the first Mon
day of the following January. On
December 11, 1899, he executed and
delivered to the Commonwealth a
bond in the sum of $15,000 for the
faithful discharge of his duties. On
January 4, 1900, he gave to the Com
missioners of Columbia County a
bond in the sum of $60,000 condi
tioned for the faithful performance of
his official duties. William Krick
baum, the respondent and appellant,
is one of the sureties on each of said
bonds. In November, 1896, Krick
baum was elected to the office of
County Commissioner of Columbia
County and entered upon the duties
of his office the first Monday of Jan
uary, 1897, for the term of three
years. In November, 1899, he was
re-elected to said office and entered
upon its duties the first Monday of
the following January. At the time
of becoming surety on said bonds he
was, therefore, a County Commis
sioner of Columbia County.
At the instance of T. J. Vander
slice, Esq., the District Attorney of
Columbia County presented a sugges
tion to the Court of Common Pleas
of that county, setting forth the above
and other reasons for a quo warranto
against the respondent, and the writ
was duly awarded against him to show
by what authority he claimed to ex
ercise the office of County Commis
sioner of said county. The respond
ent filed an answer to the suggestion,
admitting the facts above recited, but
denying the other allegations. of the
suggestion. The relator demurred to
the answer, so far as it admitted the
facts, and moved the court for judg
ment of ouster against the respond
ent. The demurrer was sustained and
on March it, 1901, judgment was
entered against Krickbaum, ousting
him from the office of County Com
missioner of Columbia County. On
the same day the court below issued
an injunction against the respondent,
restraining him from exercising the
office of County Commissioner and
from retaining in his possession the
books and papers of said office. The
action of the Court in entering the
judgment of ouster and in issuing the
injunction is assigned for error.
The pleadings raise but a single
question for consideration, and that
is whether a County Commissioner
can legally Decome a surety on the of
ficial bond of a County Treasurer.
This involves a construction of the
66th section of the penal code of
March 31, i860, the part thereof ma
terial to this issue being as follows:
"It shall not be lawful tor any coun
cilman, burgess, trustee, manager or
director of any corporation, munici
pality or public institution, to be, at
the same time, a treasurer, secretary
or other officer, subordinate to the
president and director, who shall re
ceive a salary therefrom, or be the
surety of such officer ; and any per
son violating these provisions, or
either of them, shall forfeit his mem
bership in such corporation, munici
pality or institution, and his office or
appointment thereunder, and shall be
held guilty of misdemeanor, and on
conviction thereof, be sentenced to
pay a fine not exceeding $500.
It was contended by the appellee,
and so held by the court below, that
the statute applied to the case in
hand and that the act of the respond
ent in becoming surety for Jeremiah
Snyder, the county treasurer, offended
against its provisions. The learned
judge, specially presiding, held that a
county commissioner conies within
the designation of "councilman, bur
gess, trustee, manager or director," in
contemplation of the act, and that a
county is a corporation within the
terms of the statute.
We do not agree with the trial
Judge that a county commissioner is
included in the fiieials designated in
this section of the Act of i860. If
we correctly apprehend the position
of the learned Jude it is that a
1
Absolutely Hjre
Makes the food more delicious and wholesome
OYl lAKINa POWDFR CO. , Nrw YO.
county commissioner is a "trustee,"
for the county which he holds is a cor
poration in contemplation of the stat
ute. It is quite clear that a county
commissioner is not a councilman,
burgess or director of a corporation
within the intendment of the statute
Hence, if subject at all to the provis
ions of the Act, it must be as trustee
or manager of the county as a cor
poration. In our judgment there can
be no substantial basis on which such
a construction can rest. It is true
that county commissioners are the
agents, trustees and managers of the
county and its financial affairs. They
are in fiduciary capacity, and the
money of the county is expended on
orders drawn by them on the county
treasurer. They have the custody
and control of the property of the
county, and conduct all its litigation.
They exercise all the corporate pow
ers of the county. These are some
of the powers and duties that pertain
to the office of county commissioner.
But the Act does not subject parties
to its provisions because they possess
these powers or exercise these and
other prescribed duties, but because
they are included among the offic
ials therein designated. It is, there
fore, as one of the class of offic
ers named in the statute thai any
person is forbidden to become surety
for another and it is made subject to
penalties for violating its provisions.
The office of County Commissioner
is, as has been said, coeval with the
settlement of the country and is
recognized in and exists under the
present constitution of the Common
wealth. Any person familiar with the
offices and affairs of the counties ot
the state knows of the office and gen
eral duties of a County Commissioner.
It is as distinctive, definite and
well understood as the office of
councilman or burgess. It, therefore,
cannot be presumed that the legislat
ure when it passed the Act in question
did not know of this office which is as
old as the state itself. On the con
trary, it must be assumed that the
legislature knew of the office and its
duties and intentionally excluded it
from the provisions of the Act. As
easily could the legislature have pro
hibited from becoming surety on an
official bond and named as subject to
the penalties imposed by the statute
a County Commissioner by his official
title as a councilman or a burgess.
Unless it was the intention of the law
making power, no reason can be
assigned why a County Commissioner
was not included in the Act. Naming
the officials set out in the statute
shows conclusively the legislative in
tent to exclude all other officials. Ex
pressio unius est exclusio alterius.
We are dealing with a highly penal
statute and, as said by this Court of
the section in question, we cannot for
this reason extend it by implication
beyond its special meaning. The
construction we have given the
Act conforms to this well established
rule of interpretation. It is not for
the Courts to extend the Act to
County Commissioners or to other
officials for reasons that moved the
legislature to make the Statute appli
cable to the officials therein designated.
Those reasons, doubtless, were as
convincing why a County Commission
er should have been included in the
provisions of the statute as why a
councilman or burgess should have
been made subject to the Act, but it
is not the reasons that impelled the
legislature to pass the Act, nor the
meaning or spirit of the statute that
controls its interpretation and de
termines whether the respondent is
within its terms. The fact that the
language of the Act does not clearly
include the office held by the respond
ent excludes him from its operation.
In support of' his position, the
learned trial Judge cites and relies
upon Commonwealth vs. Morrisy, 86
Pa. 417. He evidently confounds
the language of the two sections of
the Act. It was there held that the
treasurer ot a school district was a
township or municipal office within
the terms of the 65th section of the
Act of Mirch 31, i860, which pro
hibits under certain penalties "any
state, county, township or municipal
officer," charged with the collection
and disbursement of public money,
from converting it to his own use. If
the 66th section had made it un
lawful for any city, borough or county
olticer instead of councilman, burgess,
tiustee or manager to do tre acts
therein named, the case c.ted would
have been applicable and controlled
the construction of the 66th section.
But instead of using the broad
language of the 65th section and
making it applicable to any "State,
county, township or municipal" officer,
the language of the section confines
it to certain designated officers of a
city, borough, corporation, municipal
ity or public institution.
The view we entertain of the case
makes it unnecessary to determine
whether a county is a corporation
within the meaning of the Act. This
question becomes immaterial if a
County Commissioner is not subject
to its provisions.
The assignments of error are sus
tained, the judgment is reversed, the
injunction is dissolved and judgment
is entered for the respondent on the
demurrer.
A URL'AT SHOW,
Two Immeni Audiences Witnes the Finost
Amusement Enterprise that Ever
Visited Bloomtburg.
A little more than two weeks ago
when the advance advertising
brigade of the great B. E. Wallace
Show posted the bills announcing
the coming of the circus and menag
erie few people had any idea that
it was the stupendous gigantic affair
that it really is. Bloonisburg has
been visited in past seasons by
numerous shows, including Barnuin
and Forepaugh, but this was posi
tively the finest that has ever come
our way.
The train of twenty-seven cars
arrived over the D. L. & W. Rail
road about six o'clock Tuesday
morning having came from William
sport by way of Northumberland.
A good sized crowd had gathered,
all eager to watch the process of
unloading the animals, which is
always a feature of a circus. It is
interesting, not only to the urchin,
but to the average human being. It
appeals quite as strongly to the
adult as to the juvenile. The first
feature that impressed the spectators
was the fine horses. There was a
large number of them and if there
was one that was not well groomed,
fat aud sleek, it was not taken from
the train.
The outfit of the Wallace Show
is noted throughout the circus world
for its always neat condition, and
particularly at this time when winter
quarters are less than a month be
hind, the wagons and all sorts of
paraphernalia are exceptionally
gorgeous and striking. There was
a small army of men at work dur
ing the unloading process, but those
who remained to see this work did
not realize that another army was
at work on the lot in putting the
acres of canvass together and
arranging for the pcrformences.
The parade left the show ground
precisely at 10:20 and traversed the
principal streets. The pageant was
nearly a mile in length and was so
neat and clean that it could have
been driven through a parlor. A
glance at the passing exhibition
demonstrated the pride taken in the
equipment.
At one o'clock when the window
in the ticket wagon was elevated
for the sale of seats, the rush was
fierce. Hundreds of bauds con
taining the admission price were
shoved out toward the ticket seller,
but everyone had to await their
THE BEGIN- Wh-enweIeap .
NINO OF from the lap of
SUMMER. winter, away over
Hail the Coming. gpring into the
lap of Summer,
we shall be ready to supply exactly
that which you need to wear, at
prices guaranteed to be as low, and
in many instances lower than
others.
WHITE SKIRTS.
Made of rodiI muslin, lock
stitch, flounce 14 in. wide, very
full, and trimmed with Jo tucks
and 2 rows insertion, and edged
with lace, 42.00.
FAN'S.
New line of white and col
ored Fans for Commencement
presents, s;c. to fa. 00.
GOLD RINGS.
Plain band rin?s, and with
stones, warranted for 3 and 5
year, 35c. to l.oo,
CORSETS.
Straight front Corsets made
by the R. & G.. V. B.. Nemo
and Flcxibone Corset Co.,?'i.oo
to fi.So.
STOCKINGS.
Every pair of stockings we
have is strictly fast color, and
can be depended on for good
wear.
Children's hose, 6 to 9 J, extra
good for the money and will
be hard to match, a pre. 25c.
Children's finer hose, 5 to
oj, much finer than we usually
have, 25c. pair.
SUITS.
Tan covert cloth suit, with
plain gore skirt, pcrcaline lined
and velveteen bound. Jackets
lined with mercerized finings.
. double breasted, reduced from
7-50 to $5-95-TAPESTRY
CURTAINS.
The line is now complete, ti
kinds, $ t .69 to to.oo.
BRILLIANTINE.
White, garnet, navy, gray,
black, 38 in. wide Joe. yd.
BLACK TAFFETA SILK.
Extra heavy 36 in. wide,$i.a5.
The kind usually Sold ut $1.00,
26 wide 85c.
BABY CAPS.
Not the kind every body has
but better than others show.
Our new ones at 25 and 50c
are beauties.
Children's Under Waists mad
of fine batiste, trimmed around
neck and arm hole with good
embroidery, 39c. each.
Infant's Reefers, made of
white Bedford cord, trimmed
around sleeves and collar with
lace and insertion, $1.50 to
HARTMAN'S NEW STORE,
BLOOHSBURG, PA.
turn. The jam was too great to
elbow through and it was fully half
an hour before the rush was over.
By that time the large enclosure
was pretty well filled. By the time
everything was ready to commence
scarcely a seat was vacant.
The performance, well, we
wouldn't attempt to describe it. It
was great from start to finish,
especially the Stirk Family of bicy
clists. Mile. French and her myster
ious globe.and the renowned lselso
Family. The acrobatic feats of the
latter were marvelous. The tricks
performed by them defy the laws of
gravitation and equilibrium. There
were countless other features of an
extraordinary kind, all new, grand,
bewildering and never seen before.
The attendance in the evening
was not quite so large as the after
noon, but it was estimated at about
five thousand.
oooxxoxxxxxx
THE F. M. LEADER
Bargain Store,
Lockard Building, Main and Centre Sts.,
BLOOMSBURG, - - - PENN'A.
THE LARGEST AND
Best Bargain and Novelty Store
IN COLUflBIA COUNTY.
Make your headquarters here when in town. The following are a few of
our special lines :
Warwick China, plain and decorated. Finest American China on the market.
Crystal glassware, clear and bright, always pleases.
Metero's Flown Blue Underglazed Alaska China. You will like it.
Enterprise Mirrors, the best cheap mirror sold.
Art Embroidery and Battenberg materials, exclusive designs.
Celebrated "Wade and Butcher Cutlery. You know its quality.
The Reed Anti-Rusting Tinware. We guarantee it.
Welsbach Supplies Globes, Burners, Mantles, &c.
Wayne Family Paints. Once tried always used.
Our line of Tin, Granite and Agate Ware cannot be excelled.
Baskets, all kinds and sizes, at prices that will astonish you.
Our line of Stationery cannot be matched, for quality and price.
Swift's Celebrated Wool and Snap Soap. The best toilet and laundry soaps
made.
Small Hardware. Scores of bargains in it.
Aside from the above we have Brooms, C. C. Ware, Sterling Wickless Oil
Stoves, Jardinieres, Wasdiboards.Stoneware, Crocks, Flower Pots, Lamps, Burners,
Chimneys, Wick?, &c. Hundreds of other articles too numerous to mention.
Our mom, "Quick Sales and Small Prolits, and Fair Dealing to All." We shall
be pW l to see you at any time. SPECIAL ATENTION GIVEN TO
MAIL ORDERS. Try us and be convinced.
F. M. LEADER,
Bloomsburg, Pa.
P. O. Box 558.