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LANCASTER; DAILY INTELLIGENCER, SATUlfDAY, APRIL 3, 1880.
SATUBDAY KVENING, APRIL 3, 1880.
Stricken from the Bell.
A little bird flew down te the Intel
ligencer office late last night and
brought the news that Judge Patterson
would file his opinion this morning in the
case of Messrs. Steinman and Ilensel,
and that the judgment of the court would
be that the alleged offenders should be
expelled from his bar. The same little
bird seems te have been flying all around,
and early this morning it was whispered
confidentially in many circles that the
hour of fate had come. By eight o'ceck
this morning Judge Patterson had a rep
resentative of the Examiner in his office
copying his opinion,which was read with
much solemnity of manner te an eager
and attentive audience in court at 11
Of course, the judgment of the court
is no surprise te the persons upon whom
it has been visited. Eversince the ar
gument before Judge Patterson, there
have been eutgivings from his closest
political and personal friends, that he
proposed te go en with the matter which
he had undertaken. The gentle intima
tions that " one word of apology" from
the respondents, one line of disclaimer
by which he might let himself down,
would give him a pretext te abandon the
proceedings, fell upon unheeded ears
here. The editors of the Ixtelligex
ckk had net taken the position set forth
in their answer and argued by their
counsel without due forethought, nor
without a calculation of the con
sequences and of the character of the
man with whom they had te deal.
Thege who read the lengthy and some
what tedious opinion of Judge Patterson
from its beginning te its conclusion, will
find in it no preposition which was net
clearly anticipated by Mr. Shapley in his
argument, and, as we then declared aud
new believe, fully answered by it.
The court pays deference te the answer
te the extent of utterly abandoning the
rule for contempt, which,- in the " en
thusiasm of virtue" it had entered in
ignorance of the law ; and the opinion
deals entirely with that phase of the re
spondents' offence which is adjudged te
be such a breach of professional fidelity
as te justify their severance from the
As te that,we answer te Judge Patter
son's opinion, as we answered te his rule,
that if we have called his integrity into
question his remedy is that of every
ether official who deems himself injured
or wants his integrity vindicated te sub
mit his case te a jury of his countrymen
and ours, who shall decide between our
accusation and his guilt. He disbars us
because he says we have reilected en the
court's integrity, in charging that for po
litical reasons the court did - net call
Messrs. Eshleman, Brown and Jehnsen
te account for abusing its confidence.
Nobody denies that Michael Snyder's ac
quittal " was accomplished, as has been
shown, by J. W. Jehnsen, ex-chairman,
J. II. Brown, ex-chairman, and District
Attorney Eshleman, chairman of the He
publican county committee, by false rep
resentations te the court, made for the
corrupt consideration that the Sny
ders were the best Republican work
ers in the Eighth ward." The accused
themselves have sworn te this. Nobody
denies unless it be the judges of the
court that, having done this, the attor
neys were guilty of practicing an imposi
tion upon the court and of attaching a
disgrace te it, for which they should
have been held te account. Xobedy al
leges that they were se called te account,
and the Intelligencer's sole offence
was in ascribing this failure of the exer
cise of the court's power and its duty te
the fact that " all the parties implicated
as well as the judges " belong te the
New, if that is net the proper reason
for the court's failure te de its duty,
what is ? In the several columns of opin
ion read by Judge Patterson, in his vin
dication from the charge upon him,
there is net a line te explain why his
court took no cognizance of the imposi
tion practiced upon it. Much stress
is laid upon the failure of Messrs.
Steinman and Ilensel te disclaim any
desire te impeach the integrity of the
court ; much force is given te the court's
assertion of its own virtue ; much feeling
is displayed in th declaration of the
" moral obliquity" of the offenders ; but
nowhere does the court show any dispo
sition te explain why in the case of
Steinman and Ilensel it was se quick te
resent the suspicion cast upon its integ
rity, whereas in the real case of imposi
tion practiced upon it, and disgrace at
taching te it, it " made no sign" of self
vindication ; but it unnecessarily takes
upon itself the guilt of its members, by
espousing their defence and shielding
them from punishment.
The court disbarred us because, it
says, we have libeled it, and as te the
libel it constitutes itself judge, jury and
executioner. "We have respectfully sug
gested that it was "net competent te
determine, in this form of proceeding
that the respondents did unlawfully and
maliciously publish, out of court, a libej
upon the court, and te hear and deter
mine disputed questions of fact, involv
ing the motives of the respondents and
the official conduct of the court itself."
In support of this we have cited a long
list of eminent American and English
legal authorities, net one of which the
court meets or answers. The proceedings
begun in ignorance, are logically prose
cuted te the end in the pride of self
"According te all the English and
American cases, a rule will net be en
tered against an attorney who is charged
with the commission of an infamous
crime, net committed in the presence of
the court, or in his office of attorney, un
til he has been convicted of such offense
according te law." But, te serve the ex
igencies of this case, English and Amer
ican autheritias are brushed aside, and
an opinion of Chief Justice Gibsen dis
torted in a manner that would
mak that eminent jurist blush te
hear it. He was careful te say
that in a case of libel, te justify disbar
ment, " the motive should be clearly shown
te have been the acquirementef an influ- j
ence ever the judge in the exercise of his
judicial functions by the instrumentality
of popular prejudice." That " motive "
is a question for a jury te determine,
and Judge Patterson has no mere right
te usurp the functions of a jury in this
case than in any ether. He himself
admits doubts in his own mind as te the
motive by proposing te the respondents
te disclaim any libelleus one and be
taken back te his besom and his
bar. They respectfully prefer te
stand en the legal rights guaran
teed te every citizen of the common
wealth, and will test the extent of these
rights in the court of last resort.'
Judge Patterson holds that in main
taining that they are net responsible as
attorneys for what they de as editors,
the publishers of the Intelligencer
display an " obliquity of moral sense,"
which largely constitutes "official mis
conduct " and " unfitness for the office
of attorney." At most the " moral ob
liquity " involved would simply be a
mistaken view of the law. If that is
cause te degrade a member of the bar,
we would like te inquire what are the
seraphic virtues that fit a man te be a
Presbyterian elder and a judge of the
courts, and what "moral obliquity"
should incapacitate him for the one and
degrade him from the ether of these
The "Washington story supplies a va
riation in the customary horror of gal
lows literature. The rope didn't break
this time, but it cut through the culprit's
Hesh se completely, that his head was left
dangling in the noose, while his body fell
te the ground, and the victim's bleed
spurted ever the crowd of gaping spec
tators, who open-mouthed had assembled
te witness the ghastly spectacle. That
such legalized atrocities are possible in
this age of modern civilization is
eneuch te cause men te blush for their
country and their country's laws.
Gen. Banks in the role of a Grant
boomer is an edifying spectacle te his
countrymen, who remember his premi
nent identification with the Liberal move
ment of 1872. Tenipera mutuntur, nes tt
ntntamur in tills.
Mr. Guant Allen says that in a negre
a very black and lustrous skin, clear,
bright eyes and white teeth are decidedly
pleasant te Eurepeans.
When Mr. Hayes takes his calm, consti
tutional walk in the eaily morning he
dresses in black, even te his gloves. His
oiled hair is turned under at the ends.
Professer Cliffeud said of an acquain
tance : "He is wiiting a book en meta
physics, and is really cut out for it. The
clearness with which he thinks he under
stands things and his total inability te ex
press what little he knows will make his
fortune as a philosopher."
The friends of Hiestek Clymeh, arc
congratulating him upon his approaching
marriage te Mrs. Clements, of St. Leuis.
This lady is the daughter of Baren von
Schracdcr, a Prussian nobleman, and her
mother was a cousin of Representative
Morrison, of Illinois, aud Colonel Jehn
Morrison, of St. Leuis. Mrs. Clements is
a lady of much culture, has traveled ex
tensively, and has liberal means. She is
polite in figure and of rare beauty. Mr.
Clymer has an elegant residence at the
feet of Mount Pcnn, near Reading, Penn
sylvania, and his host of friends and ad
mirers there are prepared te give him and
his bride a cordial welcome. On the oc
casion of his wedding Mr. Clymer will be
accompanied te St. Leuis, where the cere
meny will take place, by Representative
Clarke, of Missouri, who is a warm friend
of both parties.
Rev. C. B. Suultz, of the Moravian
church, this city, will preach in the Re
formed Salem church, Harrisburg, te
morrow morning aud evening.
"That's what I call a finished sermon,"
said a lady te her husband as they wended
their way from church. "Yes" but, de
you knew, I thought it never would be."
Pihvate letters from Morocco report
barbarous persecutions of the Jews by
Mehammedians. An aged Jew, of highly
respectable character, was actually
drenched with petroleum and set en fire.
The English Wesleyan Thanksgiving
fund is assuming grand proportions. It
has already reached $1,144,033, and yet
ever three hundred circuits are te be heard
from. The fund is te be closed up in the
summer of 1881.
Geekge Punchakd, widely known as
the author of the History of Gongregational Gengregational Gongregatienal
is7n, in his earlier years a minister, and
for ten years one of the editors and publish
ers of the Bosten Traveller, has died in the
seventy-fourth year of his age.
Rev. Jehn McCluskey, D. D., for mere
than fifty years a minister in ihe Presby
terian church, died in Philadelphia yester
day morning, in the eighty-fifth year of his
age. The greater part of Dr. McCluskey's
life was spent as a pastor in the western
part of Pennsylvania. His illness was of
a short duration.
A Reme dispatch says: "The Pepe is
disposed te accede te the wishes of the
archbishop of Baltimore for a large in
crease of church accommodation in his
diocese in consequence of the numbers of
persons disposed te join the Catholic
church, and for special powers te facilitate
the reception of such converts."
Bellefexte Watchman wit : " In Lan
caster en Saturday the ceuit as a wise
movement wisely divorced Henry "Wise
and Ada "Wise. The unieu seems te have
been very unwise from the start, although
it was a "Wise man that suggested the
whole business. "Which only proves that
even "Wise men arc net exempt from doing
unwise acts. "Which tempts our Satan te
inquire, ' "Wise such things allowed?'"
The heaters iu the rail mill of the Allen
town rolling mill, at Allcntewn, have
struck for an advance of six cents per ten,
and the rail mill and 200 employees are idle.
The blacksmiths in the New Jersey
central railroad shops at Elizabeth, N. J.,
have struck against the extra hour's work
imposed en them by the company, aud
also for an increase of ten per cent.
A telegram from Bergen Point, N. J.,
says the track laborers of the New Jersey
Central railroad were notified yesterday
that their wages had been raised te $1.10
per day, from April 1st. They were dis
satisfied, claiming that they should have
received $1.25 per day, and quitted work.
The six hundred strikers in the deck
yards of the Lehigh and ."Wilkesbarre coal
company aud the Cress Creek coal decks
at Pert Jehnsen, N. J., resumed work yes
terday at a compromise $1.80 per day.
Similar wages were granted te the men at
the Elizabethport decks.
The striking spinners at Cohoes, N. Y.,
remain firm, but 2,000 looms are reported
te be in operation in the Harmony Mills.
In number three mill eight pairs of mules
are running, with help from bobbin boys
and second bosses. The section hands in the
weaver rooms are at work. Mere French
Canadians arrived in Cohoes en Thursday
night, and it is doubtless from them that the
workers are recruited, though the mill offi
cers deny being in any way instrumemtal
in bringing the strangers te Cohoes. The
operatives are guarded by police in going
te and from work. Te-day there will be a
street parade and gathering of strikers en
Simmons Island, at which 5,000 persons are
expected te participate.
Jehn Edmund Cepe, for many years a
prominent merchant of Philadelphia died
en Thursday night, in his 58th year.
Dr. Caslow, of Halifax, Dauphin county,
was struck by a train of cars yesterday
Little boy Johnsten and little boy Tennis
of Alteena played with a rusty pistol with
a broken lock, and a bullet was ledged in
the Tennis boy's brain.
Ex-Gas Trustee Nathan Hills, of Phla
dclphia, recently convicted of embezzling
the trust funds of the Bolten estate, has
been granted a new trial.
"William Kelly, who was tried in Pitts
burgh for murdering William P. Ilerrett,
was yesterday convicted of murder in the
Rebert Butler, who has been en trial for
some time past at Smethport en the charge
of killing his brother, has been found
guilty of murder in the second degree and
sentenced te eight years' imprisonment in
the "Western penitentiary.
Hen. Silas M. Clark, of Indiana, is
spoken of as likely te be the Democratic
candidate for Congress in General Harry
"White's district. Mr. Clark is one of the
ablest lawyers in the western part of the
state, in the prime of life, and would make
a representative worthy of any district or
By an incandiary fire in Shippcnsburg
en Thursday night four stables belonging
te Messrs. Jehn Smith, James Reeder and
James Hendersen, situated en East Main
street, together with four horses, five
wasrens, one cow and one buggy, including
a large let of grain, etc., were entirely
A Blair county young man named James
Harlan, whose parents live en a farm near
Ncwry, is at present cenfined in the "West
Pcnn hospital at Pittsburgh with both legs
oft", and there is a strong chance that he
will net live te revisit the old homestead.
Imbued with dime novel notions he quit
the farm and started for the great "West by
stolen rides en freight trains.
LATEST NEWS BY MAIL.
The appeal of Denis Kearney came up
in the superior court at San Fransisco
yesterday, but, Kearney being sick, was
postponed for a week.
The serious charge is made by Lieuten
ant Governer Heward, of Rhede Island,
that he was asked te pay $5,000 or $0,000
as the price of the Republican nomination
Ex-Governer Boutwell, Alexander II.
Rice, N. P. Banks, Henry J. Washburn
and ether prominent Republicans, of Mass
achusetts, have issued an address favoring
the nomination of General Grant for presi
dent. The average vote for the Citizens' ticket
in San Francisce, as shown by the com
pleted count, is 18,884, and for the Work Werk
ingmen's ticket, 11,477. City Attorney
Murphy has advised his brethren in the
"Workingmen's party that thcte is net suffi
cient greunn for a contest.
A crevasse, caused by a defective rice
flume, occurred en Thursday near Gretna,
La., en Sharp's plantation. By night the
plantation was submerged, and the break
had enlarged te a width of sixty feet,
through which the water rushed in a vol
ume. One hundred men will be employed
te close the break, which it is hoped will
be done in a few days. Traffic en the
Morgan and Donaldsen reads in Louisiana
is interrupted by " washouts."
The committee of seven appointed by the
Maryland Heuse of Representatives te in
vestigate the charges against Judge
PeaiTC, of the Fourth judicial circuit, sub
mitted two reports yesterday. Three of
the committee completely exonerated the
judge, while three ethers reported that
many of the charges had been abandoned
by the prosecution, and an investigation of
the ethers did net show matter warranting
an impeachment. The seventh member of
the committee being sick during part of
the investigation, did net sign cither re
port. LOCAL INTELLIGENCE.
The Plant Club.
There was the usual full attendance at
the meeting of this club last evening
seats all filled and a number of persons
standing. The subject assigned at the
previous meeting for study by the class
was the Fruit and the Seed. The follow
ing questions were placed en the black
board and answered by members as called
upon by Mr. Burrowes : " "What is the
fruit?" "What is a simple fruit, and
what are its kinds ? " " What is an acheu
ium? a samara? a legume? a strebile?"
' ' What is a seed ? its parts ? " " What is
the nucleus? the germ?" Prompt an
swers te these questions gave evidence
that the lessen had been carefully prepared.
The special subject for the evening was
the Pistil, in its design, structure and
variety of forms. This was discussed with
blackboard illustration by Dr. J. Harmer
Rile, after which the class analyzed by the
tables the Bloodroot, Sanguinaria Cana
densis of the Peppy Family. The various
steps in the analysis of this beautiful
flower had been previously placed upon the
beard as fellows : "Phamogameus, exo
genous, polypetaleus ; stamens mere than
10 ; stamens net monadclpheus ; pisti! one
completely se as te the ovary, which is one
celled with two parietal placentae ; calyx
free from the ovary ; leaves net punctate ;
calyx falling when the corolla epens:
Peppy family ; Sanguincaia Canadensis,
The subject of the paper for next meet
ing of the club, te beheld Monday evening,
12th hist., will be the Fruit. It will be
presented by Miss Martin.
A Serious Fall.
James Behan, residing at the corner of
East Orange and Ann streets, while trim
ming his vines about a week age, fell from
the trellis, and striking heavily against a
fence injured his spine very severely.
Since the accident he has been rapidly
growing worse, aud this morning was de
lirious, with slight hopes entertained of
Since the above was put in type we learn
that Mr. Behan has died. He was about
60 years of age.
Opinions Delivered and Other Matters.
Court met this morning, and after trans
acting current business, the following
opinions were delivered :
By Livingston, F.J.
Elizabeth Herr, dee'd., auditor's report.
Exception Ne. 2 sustained in part ; Ne. 4
sustained ; Ne. 3 withdrawn, and report
Heidelbaugh's use vs. Themas, rule te
satisfy judgment. Made absolute aud pro pre pro
thenotary ordered te enter satisfaction.
Philip Rhoads, petition for citation te
executer te give further security.
Alex. Gerz, dee'd., exceptions te report
of auditor. Overruled and report con
firmed. Read in Celeraine township, from Bart
ville te Kirkwood. Preccdings set aside
for informality in report of viewers.
Kerns's use vs. Absalom Beam. Judg
ment for plaintiff for $29.14 en case stated.
Kemper vs. Spera. Exceptions te regis
ter's fee in part sustained and appeal dis
missed. Catharine Myers assigned estate. Fees
for counsel and assignee allowed te stand ;
exceptions dismissed, and report confirmed
after correcting interest te be paid en giv
Catharine Beam vs. Absalom Beam, case
stated. Judgment for plaintiff1.
Jehn Drace, deceased. B. F. Mont
gomery, esq., appointed auditor te deter
mine the facts.
Mary T. II. Levis vs. Heffman and wife.
Rule for new trial discharged.
Jacob Bewcrmaster, exceptions te report
of auditor's dismissed.
By Judge Patterseii.
In the matter of A. J. Steinman and W.
U. Ilensel, called te answer for contempt
of court and for misdemeanor as attorneys,
rule for contempt discharged ; the rule in
misdemeanor made absolute and judgment
that the respondents are guilty of misbe
havior and their names be stricken from the
role of attorneys.
Charles Welscs vs. Antheny Iskc. Rule
for new trial discharged.
Rhodes & Yeung vs. Charles Stockham.
Rule for new trial dischargek.
Hettie A. Barr's use vs. the Farmer's
Mutual insurance company. Rule for new
trial made absolute.
Jehn W. Groft" vs. Elizabeth Greff
Subpoena for divorce. Rule for new trial
made absolute. This case was tried some
time age at a common pleas court at
which there was a verdict for the plaintiff.
At that time it was net allowed te be
shown that the plaintiff had been sen
tenced by the court te pay his wife a sum
for maintenance, en the grounds of deser
tion. AN OLU VETERAN GONE.
Mr. Jeseph Jilxilerf ltrentlics His Last at
The Alteena Daily Sun of yesterday has
the following obituary notice of a former
Jeseph Nixderf, the aged father of Mr,
Jehn Nixderf and father-in-law of Henry
Fettingcr, esq., expired at the residence
of the latter gentleman about 1 o'clock
this afternoon. Mr. Nixderf had been a
sufferer for a long time with an affection
of the kidneys, and for a couple of weeks
past and had been confined te his bed, en
during great agony. His death has been
daily expected. Mr. Nixderf was 74
years of age, and was born September 13
1S00, at Chestnut Hill, Lancaster
county. When about 5 years of age his
parents removed te Lancaster city, where
his father, a carpenter, helped te build
the court-house in Centre Square, which
was long age removed. At 7 he went te
work for a farmer near Lancaster, te whom
he was apprenticed for eight years. Then
he returned te Lancaster and went te learn
the trade of a weaver. Net liking this he
resumed farming for two years, when he
returned te Lancaster and learned the dis
tilling business. He was identified with a
military company the " Lancaster
Phalanx," which marched te Balti
more under Majer Hambright in the
war et iis, out tucy readied the
city a day after the battle. This oc
curred, however, long before Mr. Nix Nix
eorf joined it. Inl830 he was married with
a Lancaster county lady named Mary
Blatcnbcrger. They resided in aud about
Lancaster for ever thirty years, and nine
children, two of whom are dead, were the
results of the union. In 1801 he enlisted
in the Onc-hundred-and -tenth regiment,
Pennsylvania volunteers, and after serving
two years in the war was honorably dis
charged. Aftpy working for a Laucaster
county farmer for a year subsequently he
moved te Tyrene, in this county, where
he was employed by Mrs. Ward, who then
kept the Ward house. There he remained
two years, when he came te Alteena and
worked for several years as stableman
with Jehn Kahle, of the White Swan
hotel. This werkjwas tee hard for him,
and he finally obtained employment in the
shops of the railroad company, and
worked there up te March 2, 1880. At
this time ifl was admonished by advancing
age and disease that his time en
earth was short and becoming se ill
that he was unfit for work, he took
te his room and was confined te it the
greater part of time since. In politics 3Ir.
Nixderf had always been a Democrat, and
he was a member of the German Reformed
church. Mr. Nixderf was also a member
of the Silver Gray club, which will take ap
propriate action regarding his decease. Ne
arrangements have as yet been made for
the funeral. Peaccte the weary ashes of
the geed old man.
Resignation of a Policeman.
Jehn Mattern, policeman of the 4th ward,
and eldest policeman in this city, both in
years and in term of service, has tendered
his resignation as a member of the police
force te take effect en April 5th. Mr. Mat
tern has been a faith fnl and efficient officer,
willing and prompt in the execution of any
duty devolving upon him, and gentleman
ly and considerate of the feeling of ethers
whenever he had disagreeable duties te
attend te. He leavs the force because of
advancing years, he being new in the 70th
year of his age, and he leaves with the
well wishes of a host of friends that he
may enjoy in retirement the comfort and
repose that are impossible te conscientious
policemen when in active service.
There was only one ledger in the lock-up
last night a member of the art preserva
tive who unfortunately imbibed a little
mere benzine than he could comfortably
carry. He made such an eloquent appeal
in behalf of liberty that the geed mayor's
heart was touched, and he hade him depart
(from the city) in peace.
This morning Albert Smith, who is a
salesman iu Frey's drug store en North
Queen street.had his hand mashed by hav
ing the large marble lid of the soda water
fountain fall upon it. He was engaged in
filling the fountain with ice at the time.
Dr. Atlce dressed the wounded hand.
Meeting of Lancaster Scheel Heard.
The April meeting of the school beard
was held in common council chamber
last evening, the following named members
being present : .
Messrs. D. G. Baker, Brosius, Cochran,
Eberly, Eberman, Erisman, Evans, Harris,
J. I. Hartman, Johnsten, Marshall,
McCemscy, McConemy, Reimensnyder,
Rhoads, Richards, Schmidt, Schwcbel,
Smeych, Slaymaker, Snyder, Spurrier,
vWcsthaeffer, Wilsen, Yeisley, C. Zecher,
The reading of the monthly reports of
the visiting committees was dispensed
with. Following will be found a tabular
statement showing the attendance of pupils
at the several schools :
Mr. McCuskey's boys' liih school..
Miss Kuncleir.s grW " ' ..
Mr. Herr'a boys' secondary school..
Mr. Gates's ' " "
MKs Ilantch's ' " .
Miss Iluber's girls' " "
Miss ISunileU's girls' " " .
Miss 15rub:iker's girls'" " .
Mr. Mutz'sUermuuuml English
Miss ChunnuU's com. primary
Mis Uundaker's " '
Miss Marshall's " '
Miss lSuckius's " "
MissEtter's " "
Miss Downey's "
MissStahl's ' "
Miss Musselman's " "
Miss Zug's " "
Miss Dougherty's " "
Miss Zurcner's " "
Miss Johnsten's " '
Miss Clarksen's single "
Mr. Couzzins's colored school
Male night school
Female night school
Colored " "
The president read a communication
from the visiting committee of the north
west division, announcing the indefinite
suspension of a pupil of Miss Bundell's
girls' school for misconduct.
Mr. McCemscy called attention te the
sickness of J. W. Jacksen, and his cense
quent inability te attend te the duties of
his position as a member of the superin
tending committee. He knew that it was
Mr. Jacksen's wish that the place should
be filled by some ether member, who could
devote some time te the duties of the posi
tion. He (Mr. McCemsey) had attended
cheerfully te Mr. Jacksen's share of the
dutiea, hut he thought it te be his duty te
call the attention of the beard te the mat
ter, as Mr. Jacksen wished te be relieved.
Mr. D. G. Baker stated that Mr. Jacksen,
before he left Laucaster for the Seuth, re
quested him te hand in his resignation as
a member of the superintending semmittec.
On motion the resignation of Mr. Jack Jack
eon was accepted, and the president an
nounced that he would fill the yacancy,
and announce it te the beard in due time.
Mr. Evans, from the finance committee,
presented the following bills, which, being
approved by the committee, were ordered
'te be paid : Chas. If. Barr, books and sta
tienery, 13.21 ; Lancaster gas company,
for gas, $2.83 ; Simen Hostetter, corn cobs,
$4 ; J. G. Thackara, repairing pump, $1 ;
Ilarbcrgcr, McCully & Ce., section of can
non stove, $5.50 ; Peter R. Landis, corn
cobs, $3 ; Mrs. Censtein, for cleaning
school house, $10; A. K. Heffnuicr,
shades and curtains, $11.24 ; Levi Pewl,
glazing, &c, $8.87.
Mr. Evans also presented the following
estimated receipts and expenditures for
the ensuing school year :
Te the Heard of Directors of Common Schools of
lAincastcr City :
Your committce of finance, as required
by rule Ne. 21, respectfully present the
annual estimate of the probable receipts
aud expenditures of the schools for the
coming year, with a tax of thirty-cents en
the hundred dollars valuation :
$11,000,000 valuation at 3 mills $33,000 00
State appropiiatien 5,500 00
Tuition 150 00
Fines 100 00
Piebablc amount from county com-
ii-siencrs en state and county tax, 1,100 00
Probable balance in treasury, June 1.
1SS0 4,000 00
Day tuition $27,500 00
N'ight tuition COO 00
Principal en leans 4,000 00
Interesten leans 400 00
Ceal and kindling 1,100 00
lloeksand stationery 550 00
Salaries 200 00
Gils bills 100 00
Waterrent SO V)
Repairs, Ac 1,400 00
Janitors 1.200 00
Abatement of 5 per cent 1,200 00
Errersand exonerations 2,000 00
Commi-aien for collection 800 00
Contingencies 3,020 00
The above estimate is based en the tax
remaining the same as last year, thirty
cents en the hundred dollars valuation, be
lieving it te be sufficient te pay all the
ordinary expenses required during the
We have examined the treasurer's ac
count, and find that he received $22,922.48
and paid $14,950.44, leaving a balance in
his hands due the beard of $7,9G(1.04, en
April 2, 1880.
Reueut A. Evass,
A. J. EncitLY.
Mr. Erisman, irem the book committee,
reported in favor of procuring a set of
Hcnslew's botanical charts for the use of
the botany classes of the high schools.
The report was approved, and the commit
tee directed te purchase the charts.
The consideration of the revision of the
rules was postponed, the chairman of the
committce en rules being unavoidably
Mr. J. I. Hartman presented the plans
and specifications of several architects for
the erection of a new school building en
the let at the corner of Lemen and Lime
streets. As it would be impossible for the
members of the beard te make an exami
nation of the plans at present, Mr. Hart
man suggested that it would he well te
place them at some designated point where
they could he seen and examined by the
members of the beard.
Mr. Brosius made a motion te the effect
that a committee f six, te act in conjunc
tion with the property committee he ap
pointed by the chair te examine the several
plans presented and report te a special
meeting of the beard. The motion was
agreed te and the chair appointed the fol
lowing named members said committee :
Messrs Brosius, McCemsey, Rhoads, Slay
maker, Wilsen and Yeisley.
It was agreed that the several plans
should be placed in Alderman Spurrier's
office for the inspection of the committee
The president read a communication
signed by a number of members of the
beard, requesting him te call a convention
of directors te take into consideration the
matter of creating the office of city super
intendent. It was agreed that the convention should
be called for next Thursday evening in the
common conned chamber.
Mr. Brosius moved te reconsider the ac
tion of the beard at the February meeting
when it adopted a resolution te institute
legal proceedings against Dr. J. P. Wick
ersham, superintendent of public instruc
tion, te compel him te issue his warrant
for the amount of the state appropriation
due Lancaster school district. Mr. Brosius
stated that he was satisfied the beard had
made a mistake in passing the resolution
and that by rescinding it the warrant due
the district would be speedily issued by
Dr. Wickersham. He cited one or two
cases decided by the courts te show that a
mandamus would net be against Dr.
Mr. Evans said he was the author of the
resolution te institute proceedings against
Dr. Wickersham. He had proposed the
measure only after Dr. Wickersham had
been repeatedly requested by the beard te
perfeim a mandatory duty and issue his
warrant, and had as repeatedly refused te
A long debate ensued in which Messrs.
Brosius, Wilsen, McCemscy, Reimensny
der, Erisman, and the president, argued in
favor of the heard receding from its posi
tion and reconsidering its action the pur
port of their argument being that the
beard could net legally compel Dr.
Wickersham te issue his warrant for the
amount of statu appropriation due the
Lancaster district, but that he would issue
it if the beard receded from its action
taken at the February meeting.
On the ether hand, Messrs Eberly,Coch Eberly,Cech
ran, Johnsten, Slaymaker, J. I. Hartman,
Spurrier and Evans, spoke in favor of the'
beard adhering te its former action. The
determined stand taken by the beard had
created a public sentiment which had com
pelled Dr. Wickersham, as he had officially
confessed, te abandon his assumption that
he would net issue warrants until there was
money in the treasury te meet them, and
under public pressure thus created he had
issued the warrants for all the districts ex
cept Lancaster; and its warrant
was only withheld through putty
spite, in hope of inducing the beard
te yield te his whim. It was further ar
gued that it was well worth while te con
tinue the centest, se as te have it deter
mined by the courts whether a public offi
cer entrusted with ministerial functions
may with impunity refuse te perform
these functions and yet be beyond the
reach of legal process. If this state of
affairs really exists, let it be se declared
by the courts, that laws may be enacted te
meet the case, and that public servants
may come te knew that they arc net the
During the discussion, President Warfel
gave a detailed statement of his action iu
the matter, saying that at the instance of
Mr. Evans, of the finance conunitteo, he
had called en Dr. Wickersham, and asked
him if the warrant for Lancaster's appro
priation could net be issued ; and that
Dr. Wickersham had told him the
warrant would be issued in a
short time ; that his clerks were
issuing them in regular elder, and that
Lancaster would seen be reached. Mean
time the February action of the beard was
taken ; Dr. Wickersham was threatened
with inosecutien, and when President
Warfel again saw him, Dr. Wickersham
said that he had been much blamed,annoy
ed and worried by the matter of issuing
school warrants, and it would new perhaps
be best te have the issue decided by law.
The president said further that the beaid
was of course aware that Dr. Wickeisham
had nothing te de with the paying of school
warrants ; that his only duty was te draw
them aud the state treasurer was te pay
them. Iu this connection he stated that
he knew that the state treasurer through
base political motives, or for the purpese of
accommodating certain favorites, refused
or neglected te pay warrants long ever due,
and was paying ethers, out of their regular
After further discussion the questien
was called en Mr Brosius s motion te re
consider the action of the beard at its Feb
ruary meeting. The yeas and nays being
ordered, resulted as fellows :
Yeas Messrs. D. G. Baker, Brosius,
Erisman, McCemscy, Reimensnyder, Rich
ards, Wilsen and Warfel, president 8.
Nays Messis. Cochran, Eberly, Eber
man, Evans, Harris, J. I. Hartman, John John
seon, Marshall, McConemy, Rhoads,
Schmid, Schwcbel, Smeych, Slaymaker,
Spurrier, Westhaeffcr, leisley and C.
Se the motion te reconsider was lest.
Mr. Wilsen then moved that the beard
of directors instruct the finance committee
te proceed forthwith te.takc legal action
against Dr. Wickersham te compel him te
issue his warrant for the state appropria
tions due Lancaster school district.
Mr. Johnsten suggested that the beard
at the February meeting had instructed
the finance committee te de se, and thai
no further action was necessary.
Mr. J. I. Hartman moved te amend Mr.
Wilsen's motion by leaving the matter in
the hands of the finnace committee te act
at their discretion.
Mr. Spurrier moved te furtheramend by
instructing the finance committee te em
Mr. Brosius spoke at length against the
resolution and the amendments. He said
the finance committee had had the matter
hi charge ever since February ; that they
had done nothing, did net propose te de
anything, and could net de anything. The
action of the beard was nugatory and it
should be rescinded.
Mr. Evans, in behalf of the finance
committee, said that after the beard had
directed them te proceed against Dr.
Wickersham, they iiad learned that the
school warrants were being issued, and
they thought it only right te delay action
and give Dr. Wickersham an opportunity
te de se. The committee never had any
thought of dropping the suit against Dr.
Wickersham, and new that it was known
that he courted the contest rather than
issue the warrant, he would be at once be
proceeded against. If he could net be
realized by a mandamus he might be
reached by impeachment. In any case it
is desirable te knew whether he is a mas
ter or servant of the people.
The question being taken en Mr. Spur
rier's amendment te employ counsel, it
was agreed te. and Mr. Wilsen's motion
as amended was then adopted.
A new schedule gees into effect en the
Pennsylvania railroad te-morrow night at
11 o'clock. The important changes arc
but few. Going cast, Philadelphia express
will leave at 2:10 a. m. instead of 4:10, and
Harrisburg accommodation, 6:18 instead
of 6:25. Of the western trains, the time
of Columbia, accommodation has bean
changed te 7:03 from 7:25.
JUDGE PATTERSON FIRES HIS GUN.
THE LOXG WAIT TERMIATED.
That " One Mera Opinion" Found and Kead.
A. J. Steinman and TV. IT. Ilensel Stricken
Frem the Kell or Attorneys.
Seme of these. persons te whom Judge
Patterson had intimated his intention te
file his opinion in the case of Steinman aud
Ilensel " told it around " early this morn
ing and confirmed the Istelmgexcek's
information that it would come off at 10
a. m. Mr. Hensel was in court at that
time and many of the members of the bar.
After Jiidge Liviugsten had fiuished his
opinions Judge Patterson asked Mr. Ilen
sel if his friend Mr. Steinman was in town.
Mr. Ilensel replied that he was net ; he
understood that he had gene te Reading,
but it had been agreed between them that
anytime the court was ready te make a
deliverance iu their case either being pres
ent should consent te the opinion being
read in the absence of the ether.
Judge Patterson said he had a question
Mr. Ilensel said he was net authorized
te answer any questions for Mr. Steinman.
Judge Patterson said that he wanted te
ask the respondents if they had anything
further te say te purge themselves.
Mr. Hensel said he would take the re
sponsibility or saying for himself and MrT
Steinman that they had nothing further te
say in answer te the rule.
Judge Patterson then read his opinion,
which, after reciting the facts iu the ease,
ran as fellows :
It will be seen there arc ttce rules enter
ed te which respectively answers have been
made : one en the respondents, that they
answer for contempt, the ether te show
cause why they should net be disbarred for
misbehavior iu their office of attorney.
We will net fellow the intcroting'argu intcreting'argu
ment of the learned counsel who appeared
for the respondents, by entering upon any
extended discussion of the law upon which
the power of the courts in matters of
' contempt" rests under our system of
Ner is itac all necessary that we should
in this proceeding attempt te htatc all the
limitations which exist upon the exeivw'
of that power in that behalf the casu !f !f
fere us net involving contempt in the pics pics
ence of the court.
It is manifest te the most casual reader
that the several respondents de net deny
the making or authorship of the said pub
lished article, or in the least excuse th mii
sclves for the same, or disavow even an in
tention by it te impute a want of integrity
te the court.
In ether words, there is no disclaimer, in
their several answers, of an intention te
charge the court in its official capacity
with anything ether than the words of the
publication themselves plainly import, te
wit, corruption want of integrity in
the office of judge. Every reader would
attach that meaning te it. We can see in
thair answers no word or expression show
ing even an attempt te purge themselves
of the breach of official fidelity which
constitutes the gravamen of the iitlcs
entered upon them.
The misconduct charged upon respond
ents nevertheless by tha first rule it is man
ifest is net a contempt of court in the pres
ence of the court, and therefore the rule
for "contempt "must he and is new dis
charged: The single question remaining and in
cluded in the second rule, is, whether
these respondents are guilty of such mis
behavior in their office of attorney such
breach of professional fidelity they, the
respondents, both being sworn officeis of
this court, as will render them justly and
legally liable te be fined, suspended or ex
pelled from the eilice of attorney.
Whatever may be the answer, the ques
tion is one of great significance te the
court, te the respondents, and te the com
munity, and it new devolves en this court
te consider and determine what judgment
should he enforced, if any, in the premises.
This unpleasant task is net of our seeking-,
but was thrust upon us by these re
spendents. Indeed the members of this
court feel they would be justly chargeable
with gross infidelity te public duty if this
publication was entirely unnoticed. We
regret the occurrence, and the necessity of
taking official notice of it.
The article itself is calculated te disturb
and prejudice the mind of the public re
specting the impartial and just administra
tion of-distributive justice, and in that way
does great harm te the public, as well as
te this court. And the fact that the
authors are both attorneys, and officers of
the court doubly intensifies the pernicious
tendency of the article. Their answers ad
mit actual participation in the act of pub
lication. The charge contained in the publication!
and of which respondents acknowledge the
authorship, is undeubtedty a very grave
one. In direct and express terms it im
peaches the official integrity of the court.
Its effect is greatly te injure if net te des
troy the moral influence of the court aud
te impair confidence iu the administration
of public justice, and thereby inflict great
harm en public society. And an officer e f
the court capable of estimating the conse
quences of his act, publishing te the
world an article of the character admitted
te be totally unwarranted, involves a degree
of moral turpitude that renders him unfit
te longer occupy the confidential relation
which the attorney necessarily sustains, te
the court, and in itself constitutes a gtes
misbehavior in his office. By such mis
conduct he is self-disqualified te be longer
an officer of the court, aud his removal be bo be
cemes a necessity.
We can find no statute prevision iu the
state, nor de we believe it was ever intend
ed there should be, te take away or abridge
the power of the court te protect itself
against one of its own officers, guilty of a
delinquency of that nature, and who insists
en the right, as in the present instance, te
repeat the grave offence.
His voluntary act, having wilfully dis
rupted the essential mutual confidence be
tween himself and the court, his continu
ance in his office could only tend te ob
struct or embarrass the court in the dis
charge of its official duties. In order te
dispatch indeed, in order te execute, its
diverse duties properly, the word of the at
torney before the bench must be received
and accepted by the court in multitudinous
instances. But that cannot be done when
confidence is wanting.
Here the commission of respondents' act
is palpable and intentional its import or
meaning is unequivocal. Their motive,
though net openly or at all avowed in the
publication, is tee obvious te admit of
doubt. The least reprehensible motive by
which their professional misconduct can
be supposed te have been animated, is a
desire for prominence or notoriety iu the
editorial corps. The real or true motive
could he no ether than partisan malice, or
a wilful, headlong zeal te promote partisan
interests in the face of their official fidelity
te this court, and regardless of all conse
quences. Regardless of their civil and
official duties, these respondents, when
reminded of their obliquity of conduct by
the rule te show cause, etc., in their an
swers thereto repudiate their sworn duty
te the court, set at open defiance the social,
official and moral obligations resting upon
them as attorneys-at-law, and boldly as-