THE COLUMBIAN, BLOOMsBURG, PA.
0
GHA3. RJ1.
THE COLUMBIAN.
" B1.00MSBURO, FA.
"flltrilsaXV. MAY IIS. IMS
TitmA o: fie Pout OHre, HUiomn'mva, a.
anirmnArtatnxatti'r. March l.lw.
What Can a Young Man Do ?
Hon. Frank West Rollins, the
originator of the old Home Week
idea, gives a good common-sense
talk about the young man and the
farm in the Farm ami Fireside, lie
says:
"While farming does not promise
the largest rewards in the way of
wealth or fame, it offers compensa
tions that may be as attractive and
satisfying. A competent farmer
with a good farm is assured of a
comfortable living, and can win a
rmxlerate fortune. He has the priv
ilege of constant association with
his family. He enjoys the greatest
degree of personal and business in
dependence. His products are ar
ticles of universal use. If one mar
ket will not take them, another
will. He has no occasion to fawn
upon clients or cringe to magnates.
Commercial panics rarely affect
him. His goods ar still necessary;
and while their value may be less,
the cost of production is often much
more than enough lower at such
times to make up the difference. In
fact, his margin of profit is ofteu
greatest in years of depression.
While farm life is laborious, there
is often variety about it that con
trasts pleasantly with the mouoto
ny of a life spent at a bench or the
desk. To the lover of home, farm
life is delightful, in that it is a con
stant process of home development,
liach tree and vine acquires a per
sonal value to him far greater than
its worth in money. All the do
mestic animals are his pets and
friends. A well-kept farm is a bit
of landscape gardening that helps
to make home beautiful, and is a
tribnte to the character of its own
er." Every Woman Will Be Interested.
If you have pains in the back, Uri
nary, or Bladder. Kidney trouble, and
want a certain, pleasant herb cure for
woman's ills, try Mother Gray's Autra-Ku-Leai.
It is a safe and never failing
teffulator. At Druggists or by mail 50
ccrits. Sample package FREE. Ad
dress, The Mother Gray Co.. LeRoy,
N. Y. 5-i4-4t-
Woman's Home Companion for June.
Five hundred photographs of
President Roosevelt, all assembled
in one big double-page picture, 13
by i2j inches in size, is an extra
ordinary feature of the June Worn
en's Home Companion. The five
hundred photographs were taken
in almost every state in the Union,
at all periods of Roosevelt's public
career, and show his wonderful ver
satility and energy.
In the June Companion appear
the first chapters of Harvey J. O'
Higgins' great story, "A Grand
Army Man," based on Belasco's
famous play of the same name, in
which David Warfield starred all
last winter. Other fiction in this
delightful summer magazine is by
Elizabeth Stuart Phelps, Zona Gale,
Charlotte Perkins Gilman, Temple
Bailey and Clinton Dangerfield.
Kellogg Durland, who of late has
spent much time in Russia, tells the
dramatic and thrilling story of one
"f the bravest girls of the Russian
Revolution. Margaret E. Sangster
wites on the American woman as
a social engineer, Dr. Edward Ev
erett Hale devotes his monthly page
to some working rules of life. Grace
Margaiet Gould, the fashion ex
Pert, gives many practical sugges
tions for summer dressing. Sam
toyd's Own Puzzle Page is a mine
of interest for the puzzle lover.
AlbraW. Baker, M. D.,
HOMEOPATHIC PHYSICIAN ANO SURGEON
Diseases of Children a Specialty
Corner of Third and West Streets,
BLOOMSBURG, PA.
Hours j-Uutll 10 a. ra. 1 to 8 and 6 to
8 p. m. Both Telephones.
5-7-6n
EVANS' SHOE STORE
Ready for Spring Business.
Great 1008 Spring line of Shoes and Ox
fords, livery Shoe or Oxford in our
Spring line will carry with it ALL
THE QUALITY it is possible to put
into a shoe consistent with price.
Prices $1.50 to $6.00
ALL SIZES.
THE PROGRESSIVE SHOE STORE.
EVANS.
The College of the Future.
The college chapel was thronged
with admiring parents and friends
who had come to witness the com
mencement exercises. Amid an
expectant hush the venerable pres
ident arose and summoned the grad
uates to receive their hard-earned
diplomas.
The sturdy football team were
awarded the coveted sheepskins,
while the wall echoed with the ap
plause and cheers. The lithe track
athletes in running attire received
their well-merited degrees, and the
Varsitv crew, oars in hand, grace
fully accepted their honors.
As the exercises were concluding
and the orchestra about to play, a
member of the faculty stepped re
luctantly forward and touched the
president's arm, whispering in his
ear at the same time. In apparent
annoyance the dignitary turned to
the audience:
"Pardon me, ladies and gentle
men, but I have made a slight
omission. I understand that one
student should receive the degree
of bachelor of arts. Will he kindly
step forward as quickly as possi
ble ?"
A shrinking young man stepped
forward apologetically, a diploma
was thrust in his hand, and he was
haughtily waved aside, while the
orchestra struck up a two-steo.
June Lippincotfs.
m
For headache Dr. Milts' Anti-Pain Fllla.
"The Old World and Its Ways."
By William Jennings Bryan.
This remarkable book of 575
pages, voluminously illustrated and
elegantly bound, has been issued
by "The Thompson Publishing
Company" of St. Louis, Mo., and
is sold by subscription.
We would advise our young
friends who are out of employment
to seek the agency and canvass for
this book It is certainly one of
the most readable, entertaining and
edifying volumes we have read in a
long time It was almost like re
tracing our fir:t trip around the
world, with less than one-thousandth
of the money and one-hundredth
of the time required for our "first
trip."
The great problems of civiliza
tion, religion, philosophy and gov
ernment in Japan, China, the Phil
ippines, India, as well as Europe,
are presented in a clear light by a
great brain i
Mr. Bryan was accompanied on
this trip by his wife and two young
er children, William J., Jr., and
Grace, aged 16 and 14, respective
ly. They started September 21,
igo5, and reached home September
5, 1906, sixteen days less than one
year. While most of this trip was
in the North Temperate Zone, they
were below the equator a few days
in Java, and for a while above the
arctic circle in Norway.
This book ought to be in every
home where there are boys and
girls with brains and promise.
. .
Dr. Mlloa' Antl-Paln Pills relieve pain.
Envelope
7e 000 Knvelones carried in
stock at the Columbian Office.
The line includes drug envelopes,
sizes, number 6, 64, 6)4, 9, 10
and 11, catalog, 6iC rrices range
from $1.50 per 1000 printed, up to
$5.00. Largest stock in the coun
ty to sel:et from.
ADMINISTRATRIX NOTICE.
Estate of Halttis A White, Deceased,
Letters of administration c. t. a. on the
estate of Baltus A. White, late of the
Township of Scott. Columbia County,
Pennsylvania, deceased, have been
granted to Luanna H. Terwilliger resid
ing in the Town of Hloomsburg, Pu., to
whom all persons indebted to the said
estate are requested to make payment,
and those having claims or demands,
will make known the same without de-
ky" LUANNA H. TERWILLIGER,
Administratrix C. T. A.
Wm. C. Johnston, Attorney. 6-2l-6t
H. W. Sloan's residence has been
newly painted, and has undergone
general repairs. It is veiy much
improved in appearance.
O ASTOn HA..
Btut the 9 m m 1J" H
DECISION IN
KRICKBAUM CASE
Full Text of Supreme Court Decis
ion in the Much Discussed
Case.
THE LAW FULLY OUTLINED
The opinion of the Supreme Court
In the Krlckbnum case In which
Judge Evans was reversed and Krlck
haum declared the duly elected Abbo
elatH Jude lins Wen rclel
from the Supremo Court. It Is In
full as follows:
"In the opinion of this court, In In
dependence Party Nomination, 208
Pa. 108, Chief Justice Mitchell points
out that proceedings by certiorari on
a summary petition occupy a mlddlo
ground between those In common
law actions and equity suits. And
that the appellate court, lu the wxer
ciso of the supervisory powers in such
cases will not stop with a mere In
spection of the formal proceedings,
but will examine the opinion of the
court below so far as may be neces
sary to ascertain the basis of Its ac
tion. This statement of the princi
ple's and practice by which this court
Is governed in such cases was again
cited nnd approved In Chester County
Republican Nominations, 213 Pa. C4,
and it was further pointed out that
"where the facts appear upon the
record this Court will examine
whether the Judgment Is correct upon
Biich facts and may for that purpose
consider the opinion of the Court as
part of the record." See also Mul
holland's case, 218 Pa. C31. The
opinion of this Court In Von Moss's
Election, 219 Pa. 454 Is also consist
ent with this rule, and in that case
we took In to consideration the facts
presented, as found In the opinion of
the court below. In the present
case the facts are not disputed; they
are found and presented by the trial
judge as the basis of his action, and
It becomes our duty to examine the
Judgment to see if It is correct upon
facts, and for that purpose, we take
them as set 'forth in the opinion of
the trial Judge as follows: "The
petition of George M. Hughes was
filed in this case on the 4th day of
December, 1907, to contest the eleo
tlon of William Ki-ickbauu to the
office of Associate Judge In the Coun
ty of Columbia. At the general eleo
tlon held on the 6th day of November,
1907, In said county, an Associate
Judge was to be elected. On the
canvass of the returns by the judges,
it appears that William Krlckbaum
received three thousand forty-three
votes and that Geo. M. Hughes re
celved three thousand twelvj votes.
The petition alleges that one hundred
and seven votes were cast for Wit
Ham Krlckbaum, and that thirty-nine
votes were cast for George M,
Hughes In Mifflin township at said
election, and that all votes cast at
said election In Mifflin township were
Illegal and void and should not be
counted for either Krlckbaum or
Hughes In computing the election re
turns of Columbia County. That If
the votes cast at said election In
Mifflin township were not counted
George M. Hughes would have receiv
ed twenty-nine hundred and seventy
three votes and that William Krlck
baum would have received twenty-
nine hundred and thirty-six votes.
That George M. Hughes received a
majority of the legal votes cast for
Associate Judge in Columbia at the
election held Novembed 3, 1907. The
objection to the vote counted for
Mifflin township Is, that the legally
elected judge of election was not
permitted to take part In the holding
of the election and that a usurper
acted as Judge In holding said elec
tlon." The court below proceeds to
find specifically, "1. That at the
February election, 1907, In said dis
trict of Mifflin township, A. E. Jorn-
son was duly elected as judge of
election to serve for tlw ensuing
year. 2. That at the next following
election In said district, to wit, the
June primary election, the said A. E,
Johnson did not attend and that
thereupon one of the Inspectors ap
pointed Whitney Hhsb as the Judge
of election In the place of Johnson,
and who, after being sworn, acted as
judge during the said June primary
election. 3. That on he morning
of the general election held In said
township, on the 6th day of Novem
ber, 1907, before the polls were open
ed the said A. E. Johnson appeared
at the regularly appointed place for
holding the elestlon In said township
and demanded to be sworn In as
this regularly elected Judge of the
election In the' said district. 6. That
the said A. E. Johnson persisted In
demanding his right as one of the
said election board, but notwithstand
ing his demand, Whitney Hess was
sworn In as Judge of election by the
minority Inspector, and then said
Whitney Hess and other members of
the board proceeded to conduct Una
eloction without Johnson and receiv
ed the votes cast at said polling
place, counted and made return of
the same without the said Johnson
participating therein. 0 That Whit
ney Hess acted ac judge of the gen
eral election held In Mlfllln township,
November 6, 1907. That he was not
tho regularly wlccted Judge of election
to hold the November election, 1907,
In Bald Mifflin township. That there
was no vacancy In the office of Judge
of election In Mlfllln township on the
morning of November 6, 1907, A . E.
Johnson, the regularly elected Judge
of election being present nt the time
of opening the polls and demanding
his right to participate In the recelv
counting, and return of the votes cast
at said polling place. 7. That the
election returns from Mifflin township
for said election show that one hun
dred and sven votes were cast for
William Krlckbaum for Associate
Judge nnd that thlrty-nlno were cast
for George M. Hughes for Associate
Judge.
"On the part of the respondent It
Is contended that the vote of Mifflin
township cannot be thrown out, (1)
Because the action of Whitney Hess
as Judge was not In fraud of the
rights of either candlda'.e; noithet
was his appointment fradulently ot
tan led; nor did his action or the ao
tlon of tho board In allowing him t
sit, change, alter or even render un
certain a single vote cast at tho eleo
tlon. (2) Because Whitney Hess
holding and claiming to hold by vir
tue of a valid appointment at tha
June primary election was acting
under color of title, and was therefore
as respects third persons, the defacto
judge of election and his acts as
such are binding on the contestant
and respondent.
"On the part of the contestant it is
contended that because the election
in Mimin township was hem by a
judge of election who was not legal
ly appointed the return of votes cast
at the poll Is illegal and cannot be
counted."
"After conceding that the Irregular
conduct upon the part of the election
officers, Is not to be allowed to de
feat the expressed win of the voters,
unless there is a fraud. or such con
duct as will alter or render uncertain
the result, the learned Judge In the
court below announced his conclusion
that Whitne Hess was not de facto
Judge of election, acting under color
of title, but that he was a mere
usurper, and he therefore rejected all
the votes cast in Mifflin township,
How he could have reached this con
clusion we do not understand. It is
directly In the teeth of, and Is en
tirely unwarranted by the findings of
fact; for he found expressly that In
truth and in fact, Whitney Hess was
sworn In as judge of election by one
of the inspectors, and that he then
proceeded with the other members
of the board to conduct th9 election,
and receive the votes, and counted
and made return of them. So that
beyond question he was actually, la
fact and in deed, the judge of elec
tion. He performed tho duties of
the office with, apparent right, and
under claim and color of an appoint
ment, even though It be granted that
he was acting under a mistaken au
thority. But he was In the exact
sense of tho term an officer de facto.
Now the validity of the acts of offi
cers of election who are such de
facto only, so far as they affect third
persons, and the public, Is nowhere
questioned. "The doctrine that
whole communities of electors may
be disfranchised for the time being,
and a minority candidate forced Into
an office, because one or more of the
Judges of election have not been duly
sworn, or were not duly chosen, or do
not possess all the qualifications
requisite of the office, finds no sup
port in the decisions of our judicial
tribunals: McCrary on Elections
(4th ed.)) 1897, Sec. 251. To sus
tain this statement the author cites
our own case of Board vs. Bank of
Washington 11 S. & It, 411 where
Justice GIbBon said (p. 414): "The
question does not depend on whether
the appointment is void or only voida
ble, or whether It emanated from an
an authority which bad full power to
make it; but whether the officer has
come in under the color of right, or
In open contempt of all right what
ever. The King v. Leslie Andr. Rep.
1C3, S. C. Stra. 190. Thin distinc
tion runs through all the cases. This
principle of colorable elections holds
not only In regard to the right of
electing but also of being elected. A
person undlsputably Ineligible may be
an officer de facto by color of elec
tion: Knight v. The Corporation of
Wells, Lutw. 608. So even, where
the office was not vacant, but there
was an existing officer de Jure at the
time: "O'Brien v. Kulvare, Cro.
652; Harris v. Jays, Cro. E1U. 699."
"And in Kayser v. McKissan, 2
Rawle 139, the case of a county treas
urer appointed by tt ninty commit-
Continued on page 8.
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THE CLARK STORE
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(To All Our Subscribers
The Great
AMERICAN FARMER
Indianapolis, Indiana.
The Leading Agricultural Journal ot the
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The American Farmer is the only Literary Farm Journal pub
lished. It fills a position of its own and has taken the leading
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about aside from the humdrum of routine duties.
Every Issue Contains an Original Poem by SOLON G000E
WE MAKE THE EXCEPTIONAL OFFER OF
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THE COLUMBIAN,
PENNSYLVANIA KAILBOAD
Bulletin.
REDUCED RATES TO WESTERN CITIES.
For the benefit of delegates attending the sessions of the
bodies enumerated below and others desiring to visit the cit
ies of the West, the Pennsylvania Raihoad Company has ar
ranged to place on sale to all persons excursion tickets to the
various meeting places at a considerable reduction from the
usual fares :
Chicago, III. American Madical Association, June 2
to 5. Tickets sold May 28 to 30, good returning until June
12, inclusive.
Louisville, Ky. International Sunday School Associa
tion, June 15 to 23. Tickets sold June 13 to 17, good return
ing, until June 26, inclusive.
Chicago, III. Republican National Convention, June
17. Tickets sold June 12 to 16, good returning until June
27, inclusive.
Denver, Col. Democratic National Convention, July 7.
Tickets sold July 1 to 4, fgood to return until July 17, inclu
sive. Cleveland, Ohio. International Convention, Baptists
Young People's Union of America, July 8 to 12. Tickets
sold July 6 to 8, good to return until July 15, inclusive.
St. Paul, Minn. Imperial Council, Mystic Shrine, July
13 to 18. Tickets sold July 9 to 1 1, good to return until July
25, inclusive.
Columbus, Ohio. Prohibition National Convention,
July 14 to 16. Tickets sold July 10 to 13, good to return
until July 24, inclusive.
Indianapolis, Ind. National Convenion, A. O. H July
20 to 25. Tickets sold July 17 to 19, good to return until
July 31, inclusive.
Toledo, Ohio. National Encampment, G. A. R., Au.
gust 31 to September 5. Tickets sold August 27 to 30, good
to return until September 15, inclusive.
Denver, Col. Sovereign Grand Lodge, I. O. O F., Sep
tember 19 to 26. Tickets sold September 15 to 17, good to
return until September 30, inclusive.
The Pennsylvania Railroad maintains a comprehensive
schedule of fast express trains to Chicago, St. Louis, Indian
apolis, Louisville, Columbus, Cleveland, and Toledo from the
principal cities of the East.
Full details of the reduced fare arrangements for these
conventions and the through western train ueivice may be
obtained of any Pennsylvania Railroad Ticket Agent
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KNIT UNDERWEAR
Fine line regular sizes, and for
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