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ULOOMSIWRG, PA., THURSDAY MARCH 18, 1909.
WHEN YOU WANT TOJ
Open a bank Account Have a Check Cashed
Borrow Money, or Make an Investment
CALL ON TIIIJ OLD RELIABLE -
The Farmers National Bank
Capital, $60,000 Surplus 8100,000
C M. CIIEVEMNG, Pres. M. MILLEISEN, Cashier.
J. L. MOYKR
W. L. White
N. U. Funk C M. Crkveuno
C W. Runyon Dr. J. J. Brown
C. A.. Klkim
3 Per Cent. Interest Paid on Time Deposits.
PETITIONERS MUST PAY COSTS.
Judgo Evan, Quashes the Appeal from County
Auditors Report oil 905.'
An opinion was filed on Monday
by Judge Evans, in which he dis
missed the exceptions to the county
auditors report of 1905. and put
the costs on the petitioners.
The exceptions were filed for
the purpose of suscharging county
commissioners G. W.-Sterner, W.
S. Fisher, and William Bogart
with a large amount of money al
leged to have been paid out by
them erroneously on the Mifflin
In July, 1906, a petition was
filed asking for a hearing on excep
tions to the report of the County
Auditors for the year previous. It
was claimed that It was wrong to
allow credit for $56,000 paid on
account of the Mifflinville bridge
contract, and for a railing on the
East Bloomsburg bridge. It was
alleged that these amounts ought
to have been surcharged.
The matter was continued from
time to time, and the court finally
required that a bond be given
which wan done. As there was no
apparent attempt to argue the case,
the court in response to a petition
quashed the proceedings putting
the costs on the original petitioners.
Thev are as follows: William F.
Folk, Joseph Cole,
J. C. Shutnan, O.
S. Welliver, A. H.
B. Hess, William
Bodine, A. L.
B. Mellick, J.
Beaver and W.
The opinion of the court follows:
Section one of the Act of June
12, 1878, (P. L. 208) provides
that "and ten or more taxpayers
of any county of this common
wealth tnav in behalf of such
county, appeal from the report of
its county auditors to the court of
Common Pleas ; provided,
that if no appeal be entered by
county officials, . that the appeal by
such taxpayers shall be entered
within ninety days after the filing
of such report in the court of Com
mon Pleas; and the appellants
shall enter into recognizance with
two sufficient sureties that appel
lants shall prosecute said appeal
with effect, and pay all costs that
may accrue thereon, in case they
fail to obtain a final decision more
favorable to the county than that
from which such appeal is taken."
"On May 4th, 1907, we approved
a recognizance signed by nine of
the eleven taxpayers and citizens
who had appealed from the report
of the county auditors. Were we
in error in so doing ? The recog
nizince appears to have been filed
in the Prothonotary's office, May
18, 1907. The portion of the act
above quoted provides that ten or
more taxpayers may on behalf of
the county appeal, and that the ap
pellants shall enter into recogni
xance with sureties conditioned that
they will prosecute this appeal wi'h
Not less than ten taxpayers and
citizens can appeal on behalf of the
county, and the act further requires
that they, the appellants, shall en
ter into recognizance. This is man
datory. The recognizance of nine
of the eleven taxpayers and citizens
who originally desired to appeal is
scarcely a compliance witn the stat
ute so as to make the appeal effec
tive. At least ten of the appellants
should have entered into the recog
aisance. We were therefore in
error when we approved the bond
r recognizance signed by nine of
the appellant taxpayers.
The act of June 17, 1905, (P. I.
192) enacted for the purpose of
having bridges rebuilt by the com
mon wealth that were destroyed
by floods during theprocess of con
struction provides "That there shall
A proposition to increase the sal
aries of all judges in Pennsylvania
from the Supreme court down to
the county courts, was submitted
to the Senate in a bill offered by
Senator Clarence Wolf, of Philadel
phia. The salary of the chief jus
tice of the supreme court is made
$15,000. instead of $10,500, while
the salaries of associate justices are
increased from $10,000 to $14,000.
Judges of the superior court now
receive $9,000 and it is proposed to
make the salary of the president
judge $13,500, and of the associate
judges, $13,000. The salary of
judges in Philadelphia and Alle
gheny county, is now $8,500, and
an increase to $12,500 is proposed.
Other increases are provided as
follows : in counties of 90,000
and not over 500,000 population
the salary shall be $8,500 instead
of $6,000. In all other counties
the salary shall be $7,500 with
$1,500 extra for the judges of the
Dauphin county court.
GIGER WAIVED HEARING.
Edward Giger waived a hearing
before Justice Weiss on Monday
morning, and was bound over to
May court under $500 bail. He
was arrested Saturday night for
being drunk and disorderly. He
quarreled with his wife, assaulted
John Harmony on Catharine street,
and William Bitter, and caused
Mrs. Jacob Johnson, who lives on
one side of the Harmony house, to
faint from fright on hearing the
racket next door. Giger had gone
to the Harmony house to hunt for
his wife. Mr. Bitler who was
struck by Giger was at the Harmo
ny house. He is 85 years of age,
It is to be hoped that this time
Giger will be prosecuted to the full
extent of the law, as he has pre
viously figured in several affairs
that show him to be a dangerous
man when drunk.
be filed with said petition an agree
ment between the county and con
tractors that eadh of said parties
are agreed that said contract shall
cease and determine as to any lia
bility, by reason of the further con
struction of said bridge by the
state, and that the commonwealth
in rebuilding such bridge shall
have the right to use any and all
material already paid for by the
county, without any liability for
its value. It appears that there
was attached to the petition pre
sented by the county commission
ers to the Dauphin county court
for the rebuilding of the bridge by
the commonwealth an agreement
between the county and the con
tractors agreeing that the contract
for the building of the bridge should
cease and determine.
Upon the reargument the county
solicitor suggested that the county
was no longer interested in these
proceedings and very frankly in bis
brief said that so far as the county
is concerned the appeal may be dis
missed. The taxpayers and citizens orig
inally desiring to appeal from the
report of the county auditors have
become indifferent with respect
thereto. Their zeal has abated.
Perhaps the purpose in instituting
the proceeding has been accom
plished. If the purpose was an ul
terior one it cannot be approved.
The appeal not having been per
fected as required by the statute it
follows that it should be quashed.
And now, March 15, 1909, the
appeal is quashed in accordance
with the order of May 6, 1907 at
the costs of the original petitioners
By the Court,
C. C. Evans, P. J.
No. 179, September Term, 1906.
"Amciiccn Ranks arc mo;r carefully J
On tlJ character of trie directorate of a
Bank and Its management rests public
onflckncc necessary to Its success.
Doral: The directors of this Bank arc
forever devoted to its interests.
WOULDN'T IT BE WELL
OR YOU TO CAST IN YOUR LOT
WITH THIS BANK.
Tf1E RLOOMSBURG NATIO!lAyBANK
DLUWIVIiDUKl. Pterin A
Granted by Associato Judges, the Presidont
At Monday's session of Court a
license was granted to Patrick
O'Reilly to keep a hotel at Ceutral
ia. This action was taken by As
sociate Judges Krickbaum and
Yeager, Judge Evans refusing to
concur in the granting of the
In bis refusal to join, Judge
Evans filed the following paper:
"And now March 15th, 1909, I
refuse to concur it the granting of
the license for the reason that the
applicant, Patrick O'Reilly, was
convicted at the February sessions
of this court for a violation of the
liquor laws, and was sentenced to
pay the costs of prosecution, a fine
of $50 and undergo imprisonment
in the county jail, and is therefore
not a fit person to be entrusted with
a liquor license."
C. C. Evans P. J.
O'Reilly has been licensed before,
and at February sessions he was
indicted for selling liquor to per
sons of known intemperate habits,
was convicted, and sentenced as
stated by Judge Evans, the impris
onment being for 20 days. We are
informed that the evidence showed
that he sold and gave liquor to one
Martin Welsh, a man who had
been declared an habitual drunk
ard by the court, and that he had
continued to do it after notice from
Welsh's sons not to sell to their
One of the most important con
siderations in the granting of liquor
licenses is the fitness of the appli
cant, and a man who persistently
and knowingly violates the law by
selling or furnishing liquor to an
habitual drunkard is certainly not
a fit person to be entrusted with a
The action of the associate
judges in this case looks very much
like an abuse of judicial discretion,
and there is talk in some quarters
of appealing the case to the Super
THE HARTMAN OPENING.
The new Hartman store opened
auspiciously on Monday. The room
has been beautified, and the count
ers and shelves are filled with a
fine stock of entirely new goods.
Mr. Hartman s long mercantile
experience has enabled him to cater
to the wants of this community,
and so he has gathered together an
assortment of very desirable goods.
Judging from the throngs that have
crowded the store thus far, his pop
ularity has not abated in the least,
and the new Hartman store is des
tined to enjoy the same liberal pat
ronage that for over half a century
was accorded to the old Hartman
The fifteenth annual exhibition
of the Physical Department of the
Normal School, will be held in the
Gymnasium on Friday evening,
under the direction ot frof is. F.
Bryant and his assistants.
These exhibitions arc always of
a high order. Each class strives to
surpass toe otners in tneir cos
tumes, their drills, ana tneir yells,
and the entire performance is very
enjoyable to the large audience that
is always present. This year the
exhibition will be fully up to the
high standard of the past.
HEMLOCK TOWNSHIP WINS.
The final debate in the inter
township High School contest was
held in the Bloomsburg High School
last Saturday evening. Prof. Ster
ner presided, and the contest was
between Misses Ruth Pealer, Sadie
Wenner, and Helen Van Liew of
the Fishingcresk High School, and
Miss Ida McCarty and Messrs.
Morris Girton and Chauncey Munz,
of the Hemlock township High
The question debated was, "Re
solved, that the right to vote should
be limited to those who are able to
pass the same examination required
by foreigners seeking naturaliza
tion." The Fishingcreek team
supported the affirmative and the
team from Hemlock township the
negative. The debaters handled
their respective sides in a most
creditable manner, speaking clear
ly, logically, and with but little
reference to notes. The large au
dience was highly entertained, and
all the speakers were accorded lib
The judges were Geo. E. Elwell
Esq., H. A. McKillip Esq., and
W. H. Brooke, and at the con
clusion of the debate their decision
was unanimously in favor of the
W. L. Eyerly on behalf of the
Morning Press, presented the win
ners with beautiful gold badges.
This was the final debate in the
series of inter-township High
School debates, 51 in number
which have been held during the
present school year between the
debating clubs of the High Schools
of the different townships of the
county, of which there were 13.
The contest bad narrowed down to
the Fishing Creek Township High
School and the Hemlock Township
High School and the winners are
now the champions of the county.
The scheme was planned and
conducted by Superintendent
Evans, to whom much credit is
due, and great interest has been
shown in the debates throughout
IMPROVEMENTS AT REBER'S.
W. McK. Reber's hardware
store has been undergoing . many
changes in the interior. It has been
repapered and painted, new elec
tric light appliances have been put
in which make it truly a daylight
store. Shelving has been changed,
and the goods so arranged as to
display them to the best advantage.
It is now right up to date, and in
all its arrangements, and the im
mense stock of goods carried, it
compares very favorably with city
CALLIES AT BENTON.
The Calliepian Literary Society
of the Normal School will present
the drama "Higbee of Harvard,"
which was given in the Normal
Auditorium with great success a
short time ago, at Benton under
the auspices of the M. E. church
of that place next Saturday night.
Harry R. Stees Esq., has been
appointed by the Court as auditor
of the accounts of the county of
fices, to fill the vacancy caused by
the death of Captain J. B. Robi
son, who had been appionted to
County Commissioner Pobe was
fifty years old yesterday. He
doesn't look it.
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