THE COLUMBIAN, BLOOMSBURO. PA a- 8 THE COLUMBIAN. DLOO..(SBURG, PA. THURSDAY, MAY 18, 1908. DECISION IN KRICKBAUM CASE Continued from fith Page. sloners who had failed to take th4 oath of office, Justice Rogers said (p. 140): "The rule which governs the case is, that the commissioners who appointed the treasurer were officers do facto, since they came into office by color of title. It Is a well settled principle of low that the acts of such persons are valid when they concern the public or the rights of third persons who have an interest In the act done: 7 Jonns. Rep. 664 The People v. Collins, Andrews' Rep. 263; King v. Lyslo. And this rule has beon adopted to prevent a fail ure of Justice That the county commissioners, who appointed the treasurer, were officers de facto 1 certain, as they possessed every qualr flcatlon of officers de Juro, except In the one particular that they had omitted taking the oath prescribed by the constitution. They had at least color of title. It Is equally clear the suit was not brought for their individ ual benefit, but for the use of the public." "In State v. Oates, 86 Wis. C34, we find this statement: "Within the rule that a de facto officer is one who is In possession of an office and discharging its duties under color of authority, by 'color of authority' is meant atuhorlty derived from an eleo tion or appointment, however irregit lar or informal, so that the incumbent be not a mere volunteer." "In the present case Hess was dul and properly appointed as judge of election at the preceding election, and both he and the other officers as sumed that the appointment was good for the remainder of the year, and undr this assumption he claimed and was awarded by the other elec tion officers the right to net as judge at the election. It was a mistake, but the claim and its allowance were enought to give him color of right the office and to prevent him from being considered as a mere usurper. Certainly the rights of the voters should not be prejudiced by any such irregularity as this. "It may be said that 'color of right' which constitutes one an officer de facto may consist in an election or appointment, or in holding over after the expiration of one's term:" Hamlin v. Kasafer, 15 Ore. 466. 'The effect to be given to such ir regularities is discused in People v. Brwett, 124 Cal. , where it was said (pp. 12-13): .'The court below found that persons who served as officers of the election were not sworn as re tired by law, and the appellants cite those provisions of the Political and Penal Codes making it a felony to act as an election officer without hav ing been appointed and qualified as such. But these provisions, while Imposing penalties upon the person who so arts, do not declare the elec tion void for that cause. But this has been directly decided In Whlpley r. McKune, 12 Cal. 352 (and in other eases cited). The principle under lying those decision is that the rights of the voters should not be prejudiced by the errors or wrongful acts of the officers of the election, unless It shall ippear that a fair election and an honest count were thereby prevent ed." "And the general principle govern ng such a condition as is here pre sented is thus summed up In 15 Cyc. U & Pr. 16: " It Is the duty of the lourt to sustain an election author 'zed by law if It has been so conduct d as to give free and fair expression 'if the popular will, and the actual -esult thereof is clearly ascertained; 'or elections should never be held -old unless they are clearly illegal 'n the absence of fraud, mere Irregu larities In the conduct of an election, -vhere it does not appear that the vote was effected either by the re 'action of legal votes or the recep- Ion of illegal ones, will not justify he rejection of the whole vote of 'he precinct, although the clrcum 'tanceg may be such as to subject ihe officers to punishment." "And in "Wheelock's Election, 82 Pa. "97, in an opinion approved by this ourt, it was said: "When the ap- 'Ucation of technical rules and a trlct construction of the acts of oflV i-ers In preparing the election papers ?nd conducting un election, would end to defeat the will of the people and change the result of an election 'or an important office, they should 'iot be aplied, and all reasonable in' tendments should be made in favor 't their preceedlngs." "In the present case the require "lents as to time and place of holding O Su G. X- O X. X J. . ui tb MB inn i-ave always Bwignt of Tuts-yy. REPORT OF THE CONDITION or THa First National Bank, At Bloorrnburo;, In the State of Pennsylvania, at the dote of business May 14. oog. RESOURCES. Loans and discounts - $181,76) S Overdrafts, secured and unsecured jB8 84 U. S. Bonds to secure circulation 100.000 00 Premiums on U. S. Bonds i,,o 00 Bonds, securities, Ac .01.500 00 Ranking Huse, furniture and fixtures.... 76.000 00 Due from National Banks (not Reserve Agents) ei,6fl8 Due frum approved reserve agents 48.009 96 Checks and other cash Items 4.SM " Notes of other National banks jJ 00 Fractlonalpapercurrency, nickels and Ctt. 47S J Lawful Money Rbservi in Bank, viz : Specie .05Q 8j Legal-tender notes ij.eoH 00 j8.es? 85 Redemption fund with V. S. Treasurer (5 per cent, of circulation; j.000 00 Total 78,7t4 7 LIABILITIES. Csr'lal stock paid In 100,000 00 Surplus fund f jo,ooo 00 Undivided profits, less expenses and taxes paid eo.097 tt National Bank Notes outstanding too, 000 00 Due to other National Banks !o,Ji v Individual deposits, subject to check 371,08091 Certified checks 1,91)00 Cashier's checks outstanding aj u Total $781, 74 ? State of Pennsylvania, Countv of Columbia, I t, FRANK Ikilcr, Cashier of the above-named bank, do solemnly swear that the above statement Is true to the best of my knowledge and belief. FRANK IKELER. Cashier. Subscribed and sworn to before me this e jrd day of May, 1008. S. F. PBACOCK, Notary Public. My Com. Expiree Co ttRBO Attest : E W. M. LOW. ) J. M. STAVER, Directors. FRED IKELER, ) the election were entirely fulfilled, and there Is no finding that any fradulent or wrongful vote was offered or ac cepted. Nor is there even a hint of any confusion or carelessness In the conduct of the election. The record and the undisputed facts show noth ing irregular, except the fact that Whitney Hess acted as judge of elec tion, under the mistaken Idea that his appointment in place of the regularly elected judge was good for the current year, instead of being good as it was, merely for the" preceding election. But this mistake, did not In any way result in obstructing the complete ex pression of the will of the voters, or the poduction of satisfactory evidence thereof. Under all the authorities, the Irregularity was not therefore sufficient fo avoid the election, or Jus tify the rejection of the entire poll of the votes cast in the district "We think it is clear that the judge of the court below erred in his con elusion that Whitney Hess was not de facto an officer, and in bis further conclusion that as a consequence, all the vote cast at the election in ques tion in Mifflin township must be re jected. The facts as set forth by him and for the purpose of this inquiry made part of the record, show no basis for such action; and they do on the contrary clearly show that Whlt ney Hess was de facto Judge of elec tion, acting under the color of title. The first assignment Is sustained. "The decree of the court below la reversed and it is adjudged and de creed, that upon the finding of facts which appear upon the record in this case, William Krlckbaum received a majority of the legal votes cast for Associate Judge and was elected to said office on November 6, 1908." Pretty and Simple Undei-Waist. It is a simple matter to make an un-ler-walst of a straljrut strip of wide jmbroldery. The embroidery must be the depth required for the unuer waist. Straps of lace or bands of rib bon keep It on the shoulders and it Is lrawn in to lit by narrow ribbons runs through beading at the top and botom. At a very small expenditure ft trouble and money underwaists can be made thus that will do nicely with ;he sheerest blouses. Rather newer ire the handkerchief underwaists nt rha manner of their making is ilka this: Three handkerchiefs are tal-on and cut into triangles from op posite corners, each making two nleoen. Three handkerchiefs form a waist, the triangles being fitted Into ach other, hemstitched points down, jntll one long piece is formed. Shout ier straps and beading for the ribbon ilone are necessary. An unusually pretty underwalst made after the latter fashion had narrow bands of iaco Insertion put between the point 4nd was sprinkled over with pink roar buds done in wash embroidery ,ilk and tied with rose ribbons. To Prepare Oat Meal EUgo. A good formula to follow In making jat meal bags Is the following: Oat meal, two and a half pounds; Flor 3ntlno orris, powdered, half a pound; almond meal, half a pound; old cas tllo soap scraped to a powder, quar ter of a pound. Mix and put into mus in bags. Sew May Qpiusti Cure Being Distributed Frco by o New York Society. Co-operating with missions in Malay. iitx, the Wintltior Laboratories of Mew York have secured a supply of the won derful combretum plant, which has done go much to revolutionize the treatment of the opium habit. A ecnorous supply of the new remedy, together with full instructions for its wo, and United States cormulur reports biiaiinn on tlm subject will be suit to any sufferer. To obtain a free supply of this remedy and the consular reports, O'ldressWindsor Laboratories.Branch 2J, 13-1 East 85th Street, New York City. Tbo Quietest City. Derlln 1s said to be the most quiet city In Europe. Hallway engines are not allowed to blow their whis tles within the city limits. There Is no loud bawling of hucksters and a man whose wagon gearing Is loose and rattling Is subject to a fine. The courts have large discretion as to fines for nols, making. Strangest of all, piano playing Is regulated In ilerlln. Defore a certain hour In the day and after a certain hour In the night the piano must be silent ',n that musical city. Even during the playing hours a fine Is Imposed tor mere pounding on the piano. Loudon Tlt-Dlts. Meals and Drains. We give too much thought to our turulB, for Instance; they need con diving, and it is pleasant to have i hem set temptingly upon a table on niUch fresh flowers are arranged jiii! to eat them In a room wherein 'lu-ie Is not a speck of dust; but It is tiot right that our bodies should uh fed at the expense of our souls, or that the dust should be taken Irom every ledge In our house and lo rt to gather thickly In our brains. Reader. A Rnzorless IIacc. The only known race of hairy human beings reside on the Island of Yezzo, adjoining Japan. They are about 100,000 in number and are known to the Japanese as the Mosl- nos or 'all hairy reople." They have the entire body covered with a pro fuse and remarkable growth of hair. tho only exception being that the faces of the women are bare, but usually stained with a kind of Juice so as to resemble the beards of the males. Brooklyn Eagle, Why Moth Kly to Flames. Moths fly against the candle flame because their eyes can bear only a email amount of light. When, therefore, they come within the light of a candle, their bight Is overpower ed and their vision confused, and as they cannot distinguish objects they pursue the light Itself and lis against the flame. . A Wonderful Instrument. On of the latest ore-prospect: nt'. devices placed before the public lt: an electrical instrument which will locate tree metals at almoin p.nv depth, map out the course ant, wtd;: of the vein and ascertain its e:.a;'i position below the surface. A Boy on Clergymen, nishon Potter, at an ecclesiastical dinner in New York, read a CooDers- town school boy's essay on "Clergy men. Tne essay, . wmcn created much amusement, was as follows: : "There ara three klndd' of clergy men ulshups, rectors and curats, the blshups tells tne recters to worn ana the curaU have to do It a curat is a thin married man but when be Is a rectsr he gets fuller and cat. preach longer sermons ana Become a goou man." Washington Star. English fit tent Mctflclncs. At the present time In Great Brit ain there are no less than 40,000 makers or venders of patent medi cines, and these patent medicines are computed to supply a revenue of 331,000 to the State. The patent medicine dealer reaps his harvest froia so-called Incurable diseases. Consumption cures, cancer cures, epilepsy cures, paralysis cures, make up the large majority of patent med icines. Io He Bring a Rake? From Berlin comes the official an nouncement that Dr. Karl Muck of the Royal opera, that city, has ac cepted the position of conductor of the Boston Symphony Orchestra for one year. His name, or at any rate the spelling of It, Is highly sugges tive of a wave of musical reform In this musical center. Boston Qlobe. The, layer of the sea taken up In clouds each year Is now estimated at 14 feet In thickness. SHERIFF'S SALE. By virtue of a writ of Fieri Facias Is sued out of the Court of Common Pleas of Columbia county, Pennsylvania, and to me directed there will be sold at pub lic sale at the Court House. Bloomsbursr, f 1 . .1 o . , e l vuuu' jr ttuu oiuie aiuresuiu on SATURDAY, JUNE 20th, 1908 at a o'clock p. m., the following cescrib ed real estate: AH that certain piece or parcel of land situate in Madison and Pine townships, Columbia Countv, Pennsylvania, bound ed and described as follows, to wit: Be ginning at a pitch pine, thence by land of Jesse Mather, South two degrees West thirty-eight and five tenths perches to a stone; thence South thirty-seven and five tenths degrees East thirty-three perches to a post and stone; thence by other laud of Thomas Polk estate sold to Samuel Lee, North fifty-one degrees East one hundred and sixty-one perches to a small hiskory; thence by lund of Benjamin Lee, North forty degrees West sixty-two perches to a post: thence bv land of lien- lamin Lee, Daniel Rote's estate and Wm. Mathers, South fifty-one degrees West one hundred and thirty-seven perches to the place of beginning, con taining SIXTY ACRES AND NINETEEN PERCHES OF LAND, more or less, whereon are erected A HOUSE and OUTBUIXDIMGS. Seized, taken In execution at the suit of M. B. Hoi k vs. John Lawton, and to be sold as the property of John Lawton. CHAS. B. ENT, Clem R. Weiss. Sheriff. Attorney, 6-28-8t. SHERIFF'S SALE- Ry virtue of a writ of Levari Fnclas Issued out of the Court of Common Pleas of Columbia County, Pennsylvania, aim to me directed there will be sold nt pub lie sale at the Court House st Hlnoms burg. County and State aforesaid, on SATURDAY, JUNE 20th, 1908 at a o'clock p. m., the following describ ed real estate: All that certain piece, parcel and tract of land situate in the Township of Hem lock, County and State aforesaid, bound ed and described as follows, to wit: Be ginning at a stone in line of land of William Ivey thence by same 1101 th fifty eight degrees west nine and seven-tenths perches to a post, thence north six de grees west six and six-tenths' perches to point on bank of head-race, thence ten and twenty-five hundredths degrees east two and five-tenths perches to a stone, thence north sixty degrees cast seven and four-tenths perches to a stone in the public road leading from Blooms burg to Buckhorn, thence north twenty three und seventy-five hundredths de grees east fourteen and two-teuths perches to a stone, thence north seventy nine degrees east one and six-tenths to a corner near a spring house thence north three degrees west one perch to a stone, thence south f.fty-two and five tenths , east two and four-tenths perches to a stone, thence south seven teen and seventy.five hundredths de grees west five and one-tenth perch to a stcne, thence south two and seventy-five hundredths degrees west eight and six tenths perches to a stone in the public road, thence south seventy-two degrees east eleven and one-tenth perches to a white onV, thence along knd of James Barton south fifty degrees west twenty one perches to a stone, the place of be ginning, containing TWO ACRES AND EIGHTEEN TERCHES OF LAND, whereon are erected a STEAM AND WATER POWER GRIST MILL, known as the "Red Mill" and THREE DWELLING HOUSES with outbuildings with the reserved rights and water-rights as set forth in a certain deed of conveyance to William Ivey dated May aSth 1881 recorded in Co'umbia County in Deed Book No. 33 at page 411, etc., together with the seven (7) acres of lund containing the dam or reservoir of said water power as describ ed and conveyed to I. W. McKelvy by Wm. Ivey and wife by Deed dated Sep tember tst, 1882, recorded in Columbia County in Deed Book No. 35 at page 354. Seized, taken in execution at the suit of William Krickbaum vs. I. John Dav enport and The Hemlock Milling Com pany Terre-Ttnant, and to be sold as the property of I. John Davenport. CHAS. B. ENT, Sheriff. Fred Ikeler, Attorney. 5 28-4, ORPHANS' COURT SALE of VALUABLE REAL ESTATE. The undersigned administratrix of Millard O. Bowman, late of Mifflin town ship, Columbia county, deceased, will sell at public auction on the premises in said Mifflin township, on TUESDAY, JUNE 23rd, 1908 at a o'clock p. m., the following describ ed real estate, to wit: TRACT No. 1. All that certain piece, parcel or lot of ground situate in the vil lage of Mifilinville, in the County of Columbia and State of Pennsylvania, aforesaid, bounded and described as fol lows, to wit: Beginning at a corner at the intersection of Fair and Fifth stree", and running thence along Fair street Southwardly to lund of A. B. Creasy, thence along land of said A, B. Creasy Westwardly to land Jof Daniel Miller, thence along land of said Daniel Miller Northwardly to Fifth street, and thence along said Fifth street Eastwardly to Fair street, the place of beginning, con taining TWO ACRES, more or less, whereon is erected A DWELLING HOUSE, STABLE and OUTBUILDINGS. Good well of water on the premises. TRACT No. a. All that certain piece, fiarcel or lot of ground situate in the vil age of Mifflinville, County of Columbia, State of Pennsylvania, bounded and de scribed as follows, to wit: Beginning at a corner at the intersection of Fair and an unnamed street, and running thence along unnamed street Westwardly to land of I. C. Brown, thence along land of said J. C Brown Northwardly to land of G. P. Frymlre. thence Eastwardly to land owned by H. C. Hess, thence along land of H, C. Hess Southwardly and thence along land of said H. C. Hess Eastwardly to Fair street and thence along Fair street to place of beginning, containing SIX ACRES, more or less. Terms made known on day of sale, MINNIE C. BOWMAN. Administratrix, Frank Ikeler, Atty. Mifflinville, Pa, H. J. Pursel, Auctioneer, 5-28-4t. What's the matter with starting the curb market ? There are green things to sell and the public should have the benefit of it. A Money-Maker for Agents. 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Judge's Quarterly, $1.00 a year Judge's Library, $1.00 a year Sis Hopkins' Hon., $1.00 a year On receipt of Twenty Cents, we will enter your name for three months' trial subscription for either of these bright, witty, and humorous journals, or for One Dollar will add Leslie's Weekly or Judge for the same period of time. Address Judge Company i Emir h AvontiA NTaus Vnrif ft SM a via T vil 3-21 WILL OUTWEAR THREE OF THE ORDINARY KIND Mor. .lMtlo, non-mtltn. part. AtMolutolf UDbralukbl.ieulMr aurutwt but 10 nupntor Cut b bad In UpM or hw.jr w.lffM far man or youth, ottr. Ungla Mm. prico. SUITABLE FOR ALL CLASSES If yonr dealer wont lupplir 70a we will, putt paid, for 10 oenu. . ha. (or varaabl ftw kooklot, " Crrwt Onai laapndn atjlM." HEWES & POTTER UrgMt lupoator Kakm la Ua Wrt4 1214 II Llaoola BU. IMH, Bu. W. L. Douglas AND Packard Shoes are worn by more men than any other shoes made. Come in and let us Fit You With a Pair W. H. MOORE, Corner Main and Iron Sts.t BLOOM SB ORG, PA. Visiting cards and Wedding iavi-' tatious at the Columbian office, tf SMOKED A & CO., Bloomsburg, Pa. ; i 2 ! awvva J1 Our Pianos are the leaders. Our lines in clude the following makes : Chas. M. Stieff, Henry F. Miller, Brewer & Pryor, Koiiler & Campbell, and Radel. IN ORGANS we banflle the Estey, Miller.H.Leiir & Co. AND BOWLBY. 754m Store has the agency pr SINGER HIGH ARM SE W ING MACHINES and VICTOR TALKING MACHINES. WASH MACHINES Helby, 1900, Queen, Key , stone, Majestic. J. SALTZER, Music Rooms No. 105 J Fes Main Stree, Below Market. BL O OMSB UR G, PA
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