aeZSSjSgggggggg8? g3gzgfaiaugnsJgg3ga JTJASTjaBAlLYi FBIDAMRCH 25,-1881 iUncastct intelligence?. FBIDAY EVENING. MAJfrCH 25, 1881. Lame Arganeat, tat Geed Sease. . We believe in the strict construction of written constitutions ; and there is no diluting that Attorney-General Pal mer is a strict constructionist of the strictest kind. We would that he could favor the Legislature with some further interpretations that might have the ef fect of putting life into the plain letter of the constitution in many of its pro pre visions which new are inert if net dead. We will net deny the at-terney-generalf conclusion that the direction of the constitution that " the members of the General Assembly shall .receive such salary and mileage for reg ular find special sessions as shall be .fixed Tt3r law, and no ether compensa tion whatever," prohibits them from receiving a salary of a thousand dollars per session and ten dollars a day for each day net exceeding fifty that the session shall extend beyond a hundred days. The attorney-general decides thus upon the ground that a per diem com--pensatien cannot properly come under the term "salary" used in the constitu tion, a salary in his judgment being "an annual or periodical payment for serv ices." We de net think that ground is very solid. The conclusion is a geed deal stronger in its geed sense than ifi the definition upon which it is prepped. We de net think that it can be fairly held that a per diem compensation is net a salary. It is true that in the ordinary usage a salary is net paid by the day, but it may be; audit is hardly the fact of the daily payment that distinguishes a salary from wages. Webster's definition of salary, quoted by the attorney-general, is u an annual or periodical payment for services, a stipulated periodical recom pense." That definition applies te both salary and wages. A payment by the day is certainly a " periodical payment for services," as is also one by "the week or month. In manufacturing estab lishments and en railroads employees are paid some by the month, some by the week, and some by the day. Seme are paid by the "piece," or by the trip or the pound ; but whenever or however they are paid their compensation is usually spoken of as wages, unless they are officers of the company, or clerks, when salary is the term generally used; and that, although the pay day is the same all around. The Legislature used te be compensated en tirely by the dy,yel no one ever thought of speaking of the " wages" of a legis lator ; nor when congressmen used te receive a per diem was it spoken of its wages. It is the character of the ser vices and the servants, and the period for which their services are engaged, which control the designation of their emolument, much mere than the stated times at which their compensation is paid them. We de think, therefore, that the attorney-general's argument in support of his decision is of a very attenuated char acter, until he gets down te the intent of the framers of the constitution and the evil which they desired te redress. lie makes it apparent that the word salary was used in the constitution with a de sign that it should he construed net te authorize a per diem payment te the Legislature. The debates show that the memlers of the convention considered it te be an evil se te provide compensa tion for the Legislature as te make it te its interest te continue long sessions. 'Therefore they declared that they should be paid by a salary, and evidently in tended that it should be a lump sum for a session independent e'f the term of its' duration. The attorney general is, therefore, construing the con stitution as its framers desired, aud as geed sense wpuld make it. If the Leg islature may decree a per diem compensa tion for fifty days it may se decree for every day in the year. If Mr. Palmer had rested his case upon the intent of the constitution as fairly gathered from the evil sought te be remedied by its framers, as round in their declarations, his opinion would have been strong enough te stand. It is net aided by his appeal te the ordinary interpretation of salary. Accounts differ as te hew the nomi nations of persons te fill the federal offices in New Yerk will affect the Re publican organization there aud the re lations of the two opposing factions te the new president. One day the Conk Cenk ling people had their innings and were happy ; it was believed that the predic tions were te be verified of the supreme control of the New Yerk federal patron age by the three harmonious United States senators from that state Conk Cenk ling, Piatt and Arthur. But when the Blaine people get their innings the score ran up en their side at an alarming rate. The best office in the state, and probably the best in the civil service, is given te an anti-Grant, anti-Conkling, anti Platt, anti-Arthur man. Sir. Conkling may sulk but he cannot defeat Robert Robert eon's confirmation. The opposition in his state has found a spot whereon te rest its lever. The most sensational chapter yet pub lished in the Philadelphia JtecenVa en terprising investigation of the bogus di ploma business is that which appears to day in its revelations of Buchanan's mis doings made by the papers given by him te the Recerd. He was a grand rascal - te be sure, and his downfall was as cer tain from his tortuous career as his fate new is unimportant, broken and ruined as he deservedly is. But that part of h is disclosures which tells of hush money paid te legislative committees might profitably be followed far enough te let no guilty man escape. Mr. Gairtield has adopted Mr. Hayes' plan of lifting a man out of one office te pnt him in another, se that the changes necessary te accommodate a de sired appointment can be accomplished with as little friction as possible. But Mr. Phillips, whom it was proposed te put ou the bench efljp court of claims, te make place for Wni E. Chandler, as solicitor of the department of justice, is net willing te lend himself te this ac commodation and declines te take the new place. All the same he must go. The marvelous claim 'of Harry Huhn te the kindconsfierattenof the B formers, for his alleged saving in the im proved distribution of backets, brooms and soap, is offset by the discovery that he has created a new office and a new salary of $1,000 for the distribution of postage stampsrletter "papers and" en velopes te the members of the Heuse. 1UNOB TOPIOB. The Heuse at Harrisburg spent an en tertaining hour or twpyesterday morning discussiug that clause' of the appropriation bill which provide pay.fer the stationery storekeeper. This is a brand new official, a private enterprise of Chief Clerk Huhn, and the law does net authorize the ap peintment Huhn wants $1,000 for bis appointee. Secbetabt Bcbch of the Senate with held Senater Sharen's pay for the entire period of the extra session of 1879, and it was covered-back into the national treas ury. Mr. Sharen accepted the decision without remark, although it is claimed tnat ne maoe me point; mat tuere was no authority under which his pay could have been withheld. Feb the four months ended February our experts of previsions and tallow were $52,168,399 against $34,196,425 for the cor responding period 'a year "age. Fer ten months our dairy product exported in creased from 1S,399,607 te $22, 219,097.f Despite the ' diseased pe'rk " scare our experts in that line for Februaiy 1881, were 50 per' cent, mere than for February, 1880. It is significant of peer managetnent of the telephone system in the large cities that at a public meeting of the Washing ton subscribers, three hundred out of six hundred resolved te give it up. The com plaint is that the prices are tee high even for geed service, and that the service has been extremely- bad. Gradually mauy of these people hava grown weary of auswer ieg wrong calls, of failing te get responses te their calls, and! of the vexation of spiiit which the invention causes by its hitches, delays aud jangling errors. It has been generally supposed that the Pennsylvania railroad company was net under the operations of the new censtitu. tien, having never accepted its provisions previsions It seems, however, that in the Philadel phia court of common pleas, Ne. 2, Judges Hare, ell and Mitchell, gave a unanimous opinion that the only authority given by councils by ordinance te this company te construct the Filbert street elevated read was by legislative authrity, subsequent te the date of the taking effect of the new constitution, i. e., January 1, 1874, and by the acceptance of an ordinance of councils which could become legally operative only by virtue of legislation .of June 9, 1874, the court has declared : " With the con sent of the city, uuder the act of 1874, she may longitudinally appropriate any street te the construction of a branch read. The request of the railroad company for the assent of the city is in law an acceptance of the present constitution of the state." P8BSONA1. Gen. E. W. Marble will likely remain commissioner of patents. Miss Hetjex Petteb new includes im personations of Sara Bernhardt in her repertoire. Hcen J. Jewett, president of the Eric railway, has been chosen te the presidency of the New Yerk world's fair commission, te succeed General Grant. H. J. Ramsdki,l has sued the city of Washington for $20,000 damages for in juries received by a fall in the slippery streets last January. A. Beeder Muller, United States ganger for the Easten district, has died of consumption, aged 84 years. He was the youngest man from Pennsylvania in the service of the Union during tlie rebel lion, having enlisted September 25, 1861, when he was thirteen and a-half years obi. A West Philadelphia yeuug and married woman denned one of her husband's suits of clothes en Wednesday night in a mis chievous mood, and accompanied by a lit tle girl took a promenade. A sixteenth district policeman detected the masquer ader by the awkwardness of her gait, and took her te the police station. The mis mis chieveusness was all out of her by the time her husband came and released her. Twe young ladies of alleged ' respecta bility," of Buffalo, were anxfeus te see Sara Bernhardt play Camille. but being unable te pay the $3 per seat in the lower portion of the house, blackened their faces, and passing themselves off as ne gresses, went into the gallery where the admission was only $1. The ruse was quickly discovered, and the young wemeu's associates, the gallery gods, "made it pleasant" for them between the acts. LATEST NEWS BY HAIL. The places of business, including Law son's market and the Excelsior hAuse, at Piane, III., were destroyed by fire yester day. Total less, $11,000; insurance,' light. Edwin Lockwood, sr., formerly a fore man at the Camden & Ambey railroad shops at Bordentown, N. J., cemitted sui cide by jumping into the creek from thb railroad bridge. The son of the late Lewis Clapp, of Illi nois, has succeeded in breaking his father's will by wbicb be bequeathed $150,000 for the establishment of an agricultural cel lege, conumenea en tne county raisin" $100,000. Mrs. P. F. Murray has died at Colum bus, Ohie, from the effects of mal-prac-tice. She made a statement, declaring that it was.performed by "Dr. Willoughby, at her own request and in direct opposi tion te her busband's wishes. Dr. Vil Vil leughby will be tried en a charge of man slaughter. Samuel McGee was shot and killed last September in a saloon kept by Samuel Hawthorn, m Yicksburg. Miss. Haw thorn, who is a young Irishman, was ar rested and tried for murder. He was con victed and admitted te bail, nending ap peal, after which he sold his 'saloon and tied. Yesterday he was arrested while beaidingau outward bound steamship at New Yerk. In Cedar Rapids, Iowa, T. M. Sinclair, managing partner of the perk packing firm of T. M. Sinclair & Ce.. fell throng. a hatchway in the main building of their establishment down upon the flagged fleer below, a distance of thirteen feet, produc ing concussion of the brain, from which he died. He was unconscious until his death. Altbengh only 35 years old, he was one et tne largest business enerarnra in tbe West, cue firm or wliirli 1m nea head distributing annually through him a million orjdeuars from that locality. A. L1VKE.Y UOKPSB. tt Dr. BaefcaaaaTeluef All Ete The Philadelphia Recerd prints te-day a full and interesting resume of its discov eries as te Dr. Buchanan's famous bogus diploma and bogus doctor factory, to gether with the confession of Dr. Buchan an as given te Mr. Jehn Xerris, the eater- prising journalist through whose' zeak backed by the Recerd's liberality, the dis closure was made. Following is an 'ab stract of the Recerd's story ": When Buchanan wasentrapped, and the trick of his alleged drowning was com pletely exposed by his arrest in Michigan last September, the old man saw that his last hope of escape bad vanished se he accepted the inevitable and bowed te the1 supremacy of the law. On returning te this city he premised te de all that man could de te right the wrongs he had com mitted. He confessed judgment of ouster in the two suits brought by the common wealth te annul the charter of the Eclectic medical college of Pennsylvania and the American university of Philadelphia. He also gave a power of attorney te confess judgment of ouster for him against the Liviuesten University of, America, chartered by the state of West Virginia, which charter has been annulled by the Legislature of West Virginia. He has given up all the books he had the matriculation books, the' minutes of fac ulty, minutes of trustees, account books, alumni miuutes and a mass of valuable information, including a list of foreign di plomas sold, aud a catalogue of addresses including ever 5, 000 names of persons who had corresponded with him. He gives, the names of wholesale druggists in Philadel phia who have sold his diplomas, and he gives the names of the parties te whom the diplomas were issued. He re lates hew diplomas were signed by the faculty ; hew in one instance three pre fessers, for 9e eacu signed out) diplomas for him, and hew, for $3.50 the diplomas which were te go abroad were certified te by a Spanish consul. In all, about 10,000 names are tangled up m bis disclosures. He has given the uatnes of many profes sional abortionists and the means whereby they destroy life. He tells of the tricks of his trade, the quack nostrums that are ad vertised te cure all diseases, and of the imposters who prey en public credulity. He tells of faith in the supernatural ; of a fortune teller in Philadelphia who reads destiny under the light of candles made of human fat. He relates hew one doctor gees te Europe annually and brings back love powders which he represented were compounded at the shrine of Cupid in Minerva's Temple. He describes hew one concern sells the pulverized gizzard of a chicken as a compound te produce arti ficial digestion. He recites incidents wherein he robbed graves, and hew, en one Saturday morning, stele five dead bodies from Bleckley Almshouse. He telis hew he kept himself clear of the courts and their penalties. He tells of twenty five concerns in this country and in Europe by which degrees are sold. He figures that fully 20.000 bogus deplemas are current in America and 40,000 mere in Europe. He gives the authorities a lever by wlucu tncy can uproot every diploma dealer in America. As a result of the cxpose of Buch anan's business the charters of the Ameri can University of Penusylvauia, the Phila delphia University of Medicine and Surgery and the Liviugstene Universityef America (at Charleston, W. Va.,) have been an nulled, and bills have been introduced into the state Legislature, te repeal the charters of the Quaker City Uusiness Cel lege, the Penn Medical University, the Philadelphia Electrepathic Institution and the Philadelphia College of Medicine. A law has been framed for approval by the state Legislature regulating the practice of medicine, protecting the people from incompetent practitioners, aud elevating the standard of medical education. Te protect the college from legislative interference, Buchanan says he paid $50 te each of thirteen members of the educa tien committee of the state Legislature in 1871, and $3,000 te the legislative investi gating committee of 1872. It is noted in one place that en the 15th of March, 1853, Dr. Simen Landis, of Eph- rata, scut a letter announcing bis inteu tien of paying the full fees, $100, aud sub mitting himself as a candidate for au ille gal diploma. After Buchanan's detection in Canada and his return te Philadelphia public cur iesity was satisfied upon every peiut of the deau s k range doings except as te tbe identy of the man who had personated him and bad jumped from a ferry beat into tbe Delaware river. It is new possible te clear up that phase of the case and te re veal the ingenious details of the whole proceeding. The idea was prompted in the minds of the conspirators by recollection or a former pupil et liucbanan s college mmed Fester. This man married a Pine street widow, and within a month :iftcr the marriage ceremony he disappeared. At the same time the lady's money also vanished.' Ne trace of the man was . obtained until one day news was brought of the finding efhis hat, coat and diploma in a skiff which was adrift in the St. Lawrence river. His wife never heard of him afterward but Buchanan and his friends received word from the fugmvn in California and they often chuckled ever Fester's smart dodge. Again, in 1865. Dr. William Harbison, an intimate acquaintance of Buchanan, was cieely pressed by tbe officers et the law, and it was proposed that he should be personated iu jumping from a ferryboat into the river. A geed swimmer had beeu engaged and' every thing was in readiness, but some unex pected slip occurred in the arrangements and the scheme was abandoned te be re vived six years later, when Dean Buchan an found himself in danger of the law. Buchanna saysVauduserwasat the bottom of it and that Vanduser engaged the man who was te dress iu resemblance of the pudgy little doctor. On the night of 16th of August last, Buchanan went te the Market street ferry, where Vanduser and a man named Shep pard, better known as '.'Shep," were in waiting. Buchanan gave his coat te his double and then drove efPin a carriage te the Connecticut railroad junction, and " Shep" passed en te the ferry-beat, te be saluted by Helten as Dec," aud te be pointed out by Vanduser as -Dr. Buchanan. Of course "Shep" had. nothing te say te anyone en the beat, and this point was used by Vanduser te impress ou the deck-hands the fact that '!, tl1.fit ia nnftnrv cfrarKmltr trt-Tiifvlifr ' As the ferry-beat turned te enter the canal separating Ridgway park from Windmill Island a skiff crossed it bow and lay close in under the shadow of the piles that just from- the point of the Island. "Shep" stripped himself of Buchanan's coat and plunged overboard. The excited passengers en the ferryboat rushed' wildly about and watched for the unfortunate te rise. They saw the doctor's bead bob up in the water ; they heard him sire one loud, ear-splitting cry of despair, and then after a faint struggle with tue waves, saw him. finally sink beneath the moonlight waters. This was very pretty, but as a matter of fact. "Shep" did net take ten strokes in the water before he caught held of his partner's skiff, and, clutching lightly te the stern, was hauled down the river te below Point Airy, where he clambered in and was rowed along the Jersey side of the river up te Cooper's ppint and -thence across te Palmer Street wharf, which was near his home iu Kensington. Meanwhile Vanduser weut into hysterics en the beat. He cried and raved ever the doctor's less like a mad man, and then went down Jersey te ten tne uocter s aauguter new ner r..ti...iii,! iinn iImiwheiI it- ..., n ti.7 basis that Judge Butler judicially declared Jeba Buchanan dead. TBE ATTORNEY.' GKJiESUUS OPINION'. He Extra OMBpeaMttsn far-BIemberset tbe -- " "Legtstetare. Office of Attebset Gexerai., Har risbubg, March 23, 1881. Hen. Samuel Butler aud Han Waiiam P. Schell : Ges- temek": I havb the honor te acknowledge! "the receipt ofyburTaver of the 22d in- stantreierringuie-mquiryotiien. Jenu S.'IiaTeriche,' member from Iackawanna, respecting the right of the members ePthe General Assembly te receive a per diem compensation of ten dollars, for. a period net exceeding fifty days after the expira tion of one hundred days, for which a round sum of ene thousand dollars is allowed by law. Being bound te furnish "legal opinions en all questions submitted by heads of the departments," I reply as follews: ' The eighth section of tbe second article of the constitution provides, that "the members of the General Assembly shall re ceive such salary and mileage for -regular And special sessions as shall be fixed by law, and no ether compensation whatever for services en cemmittes or otherwise. Ne member of either house shall, during the term for which he may have been elected, receive any increase of salary or mileage under any law passed during such term." On the 11th of May, 1874 (P. L. 129) the General Assembly "fixed by lawV the salary and mileage te be received by mem bers. The act, ,se far as material, .is as follews: " The compensation of members of the General Assembly bhall be one thousand dollars for each regular and each adjourn ed annual session net exceeding one hun dred days, aud , ten dollars per diem for time necessary spent after the expiration of the huudred days ; Provided, heiceter, That such time shall net exceed fifty days at any one session." The question te be resolved is whether this act is in conformity or conflict with the previsions of the constitution, and its determination involves a construction of the' section quoted. In many.cases the supreme court have established rules for the proper under standing of the frame of government aud among them the following : " The constitution is net te be inter preted as a private writing by rules of ait, but in the light of ordinary language, the circumstances atteuding its fouudatieu and the construction placed upon it by the people." Crenise vs. Crenise, 4 Smith, 255. .-. "The constitution is entitled te a con structien as neariy as may be iu accord ance with the intent of its framers." Meers vs. Reading, 21 Pcnn..St., 188. It is said in Mouengahela county vs. Coens, W. & S., 114 that." a constitution is net particularly for tup inspection of lawyers, but for the inspection of the mil lion, that they may read and discover in it their right and their duties, and it is con sequently expressed iu the terms that are most familiar te them. Words, therefore, which de net of themselves denote that they are used in a technical sense are te have their plain, popular aud obvious meaning. Having in view these well recognized canons of construction, wc may inquiie : .First What idea does the language of the section impart te an ordinary reader, and what meaning is te be gathered from the words used as they are 'commonly un derstood ? Second What is the inteut of the framers of the instrument as gathered from consideration of the circumstances attending te its forirmtien, and the mis chief meant te be remedied ? The first requirement of the section is that the members of theGeneral Assembly shall receive a salary. As defined by Web ster, the meaning of the word salary is "an annual and periodical payment for services, a stipulated periodical recem pense," and in this primary signification is generally understood and used m common parlance and in enacted law. The prcsi dent of the United States is paid by a sal ary of SeO. 000 per annn-ii. The governor of the commonwealth of $10,000. The au diter general, state treasurer, secretary of the commonwealth and ether offices of the government are compensated by fixed salaries. Omcers or corporations, minis ters of the gospel, certain county officers are salaried. Iu no place where a salary as connected with an olhce is spoken et, does the idea of daily pay or wanes present it self. On the contrary a salaried officer fc generally understood te be paid periodical ly, quarterly, or annually, aud net by the day. The legal definition of salary, as civen by Bouvier, is "A reward or recompense for services performed. It is usually ap plied te the reward paid te a publie efficci- for the performance ofhisetncial duty. Salary is also applied te the reward paid for the performance of ether services, but if it be net fixed for each year, it is called honorarium." Wages are " A compensation jjivpti te a hired person for his or her services." In common parlance a man hired by the day receives wages ; when hired for a cer tain time, as by the month or year, the term salary is rarely used in connection with unofficial persons, but in the case of officers, whether public or corporate, their compensation being generally a round sum for a specified time, is denominated salary as the salary of the president of a rail road company, of the offices of a bauk,the mayor of a city. In no case in the daily compensation of persons employed and paid by the day denominated salary, but always wages. A further confirmation of this view of Hie sense, in which this word is used in the constitution, maybe found by observ ing the connection in which it is used elsewhere in the instrument, In the fifth section of the fourteenth article it is pro vided that in counties of ever one huudred and fifty theusaud inhabitants all county officers shall be paid by salary. This salary took the place et fees, and the legislative construction of the meaning of the word in that case is te be fennd in the acts of assembly providing the salaries te be paid te sheriffs, protheuotaries, district attor neys, treasurers, commissioners aud audi tors, in every instance a rennd sum is named for a fixed period as te the pro pre pro thenotary, $6,000 per annum; te the district attorney, $4,000 ; te the commis sioners, $1,500. In the twelfth section of the tilth arti cle magistrates are provided for the city of Philadelphia, and it is said "they shall be compensated only by fixed salaries." The authority fixing this salary construed tbe word te mean a round um per annum, and net daily compensation. A further legislative interpretation of the word salary may be found-in the act of the 14th of May, 1874, P. L., 150, entitled An act te fix the salaries of the several slate officers of this commonwealth," in which the compensation of - ever firty officials is fixed in round sums, varying Jrem $300 te $10,(00,.and in no case is a daily amount named. At the same session the' word " wages " was used in an " Act for the better protection of the wages of me chanics, miners, laborers and ethers." P. L., 120. As suclv persons are usually paid by the day, the General Assembly of that year seems te have contemplated the distinction between wages and salary. A further lecrislative recognition of sueh n distinction is te be found in the act of the 1!fth nP'Anril MU!i P.irrl lUfV whinli lr. emnts from attachment the wanes of any laborer or the salary of any person in pub pub leo or private. employment Frem these reasons the conclusion is te be drawn that, as used 'in common par lance and in enacted laws the word wages, or daily pay, and salary are notsynouy netsynouy notsyneuy mous, but that the one is applicable te a round sum civen as a recompense for a period of service, generally official, and the I othece tfce stipend paid persons .engaged attertsJnpriSsrv.H- V" V Therefore an ordinary reader would un derstand tbe language " the members of the General Assembly shall receive a salary for regular and special sessions," te mean that they are te have a fixed sum for their serviced, 'whether the session be long or i -alior-and-net-daily- wages for the tirnc - actually spent. The intent of the framers of the consitu censitu consitu tieu is te be gathered from the language used, the circumstances attending its for mation, the evil sought te be remedied. Ne one conversant with that history, of the state can doubt that the main parpesb of the people in ordering a convention' te remodel their frame of government was te reform and eradicate, great abeses .that had been practiced iu the General Assem bly, and a large 6hare of the time 'and attention of the convention was devoted te that ,ebjeat. The. most radical and swecpingebsnges effected fn tbe constitu tion, and these which elicited the roost distinctive expressions .of popular apprevaVsre the reforms ih-tbe mode and character .of. legislation, the- constitution of tbe General -Assembly, and the limita tions en its power te deplete the publie treasury. Among the subjects exhaust ively discussed-in convention was that of the propriety of compensating the mem bers of tbe General Assembly by a salary instead of daily pay. The constitution of 1790, article one, section seventeen, pro vided " that the senators and representa tives shall receive a compensation for their services, te he ascertained by law, aud paid out of the treasury ;" and tbat of 1776, chapter eleven,, section seventeen,, in General Assembly and ether state charges shall bis paid out of the state treasury," and that of 1838,. article one section eighteen, that "the senators and representatives shall receive a compensa tion, their services te be ascertain ed by law, aud paid out of the treasury of the commonwealth," and from the beginning a per diem compensa tion has been allowed and paid. The ar gument in convention was that experience had taught that time was frittered away, and the seasieiis of the General Assembly unduly aud unnecessarily protracted for the main purpose of receiving daily pay. The di-tinguished committee en legislation reported a section fixing the salary of raerabcis at $1,200 for two years, (Cen. Debates, Vel. I, p. 471). After a protract ed debate, in wliiclrtue whole subject, in- I eluding thciprepriety of fixing any salary at all was fully discussed, Mr. Harry White moved te strike out the section re ported and in place thereof substitute the section which was finally adeDted. De bates, Vel. 1. p. 509. The convention seemed te be substan tially agreed en the preposition that a sal ary should take the place of daily pay or compensation. The great controversy was whether the amount should be fixed by the convention or left te be regulated by law. Finally, the very question new pre sented was raised by Mr. Darlington and passed upon by the committee of the whole. (Debates, vel. 1, p. 513), as fol fel lows : Mr. Darlington Mr. Chairman, allow me te ask the general consent of the com mittee te strike out the words "salary and mileage " aud insert the word " compensa tion,'" for the reason that the Legislature may. if it see fit, net fix any salary. If they de se desire, I want them te be at liberty te de se. I hope there will be no objection te the substitution. Mr. Ewing Mr. Chairman, I will ob ject. I think tbat daily pay is just what the Legislature ought net te be allowed te have. Mr. Harry White Mr. Chairman, I would state that iu the committee en legislation the question of salary and of compensation were considered, and it was deemed expedient te provide for a salary aud net a daily compensation. The gen tlempu from Chester (Mr. Darlington) asks that we determine en a per diem com pensatien. That,it .seems te nif, should net be our policy. Our policy should be te give the General Assembly a salary. Experience has demonstrated that it is wiser te give that body a salary than it is te give it. a per diem compensation, that may affect the length of the sessien, &c. I have no objections te accept tbe modification of 'compensation and salary,' also if the unanimous desire be te de se." Te-which 'there 'was a'gcneral respeuse of "no." "no," "no," "neT" Therefore wc may certainly conclude as well from the unambiguous language of the constitution as from consideration of the circumstances attending its formation and the mischief te be remedied, that the convention ' intended te provide a salary for the members of tbe General Assembly, and that by a salary they mean a "stip ulated periodical recompense," as distin guished from a per diem compensation.- Docs the act of 1874 effectuate this con stitutional reform ? It first provides a salary of $1,000 for a session net exceeding one hundred days. If the session continued but half a hundred days, the salary of $1,000 would beearnrd, and doubtless would net be declined. It then allows a par diem compensation of $10 for such additional time as may be neccasai ily spent, net exceeding fifty days, thus conferring both a salary and daily pay. The time is limited te fifty days, but the riht te provide additional com pensation beyond the salary for fifty days implies the riht te confer it for three hun dred days, or as long as the General As sembly may cheese te sit and take it ; and it further implies the rigbt te fix a per diem compensation for as many days as the general assembly may cheese te held its sessions without reference te a salary at all, thus perpetuating the yery evil sought te be remedied by the convention. If this part of the act is net iu irrecon cilable .conflict with the prevision tbat members shall receive "no ether compen sation whatever" besides a salary, then for this case all established rules of con struction fall, and all common understand ing of plain weids is at fanlt. The constitution commands that the members of the General Assembly shall be compensated for their services by a salary, and salary only. AU ether kinds of com pensation are expressly forbidden. Ne man will say that, in face of these previsions of the organic law, the General Assembly could provide for paying its members ex clusively by the'day. Te pay partly by a salary and partly by the day is as palpable an cvasieu and transgression of the consti tution as te pay them a per diem alone, and the violation is worse because it tends te aggravate the mischief which the framers of the constitution meant te prevent;' J j- " i I am of opinion, for the reasons Btated, that se much of the act of 1874 as provides daily pay of ten dollars for fifty days or less, is unconstitutional, and that' pay ments made by the state treasurer under it, would be unwarranted and unauthor ized. In this belief, I am confirmed by an able opinion of my predecessor, Hen. Geerge Lear, given en the 9th of Decem ber, 1876, te a committee of the Legislature in which, after an exhaustive discussion of this section of the coustitutien and act of Assembly this language occurs : "A salary is defined te be an annual or nnrindical navment for services a stipu lated tjeriedieal recemDene. This is net only the established definition and popular nnclerslnndin? of tllO term. DUt tbe COH- stitutien. in'the use of it, se qualified it as te exclude any ether conclusion than that it is a stipulated recompense or cempeu satien for the session. The per diem al lowance in the salary act was doubtless an oversight but it is nevertheless unconsti tutional." ' , Andiffurtnerconiirmaweu,eruiicucu it-.m'iv he fennd in "Jx wemmentary ed the Constitution," a work by the Hen. Charles B. BuckaleW, new ready for the press, wkich tatspositien- of the author ,1a the constitutional convention and his char acter as a lawyer vwill' entitle te be re garded as valuable authority. Constrains the section under consideration he says : "This section was agreed te by the con vention, uoeii the distinct understanding fifc - wtmld exelnde the allowance of-daily- nw at iiv uiLCinn " I may observe, in conclusion, that the session of the General Assembly will be in no wise necessarily abridged by this de cision. There is nothing in the constitu censtitu tk) or law limiting their.sessieus te one hundred or-eno hundred and fifty days. Its1 lengtfi must pe' determined by the sense of public duty of its members, and tbe character of tbe labor they are called te perform,'' The 'oe-npens.it ion for a ses sion, long or short, is as fixed at this time $1,000, and no mere. . c, HE-ur W, Paliteh, Attorney General. STATE 1TUM3. - Frank Shawa young man of Tewanda, shot and killed himself with an army musket, without apparent cause. Jehn Horten, a well known "beet and shoe deafer, and Capt. Henry Wilsen, an old river pilot, are among the late deaths iu Philadelphia. There are 'in the. trout peels of Mr. Reuben TrexebV Lehigh . county, a num ber of 'double-fish, joined at the sides as if of one body, yet each having two heads and two tails. They arc quite hearty, and dart about the waters of the "nursery" as lively as the rest pf the small fry. A German j peddler named. Jehu Jehn, while being tormented by a party of young men at McKeansburg, Schuylkill county, in-art of anger.cut Menree Scitzer with a razert severing the juguler vein and caus ing death within an hour. Jehn made his escape and has net been arrested. Ella Heller, a three-year-old daughter of Samuel Heller, died .in Easten from the effects of a large number of strychnine pills which she had taken from a. tabic drawer. The medioine had been used by a member'ef the family which the child was visitiug, It'was1 the 'large quantity which produce death.! The matter of erecting a suitable build ing for the Philadelphia Homeeopathic hospital is meeting with great favor throughout the city. $108,000 are wauted fremthe state and a like amount by pri vate subscription. There are about 275 homceopathic physicians in Philadelphia, who estimate that their clientage covers one-fourth of all the patients treated under the different systems. Mr. Gewen writes that the arrangement under which the Baltimore & Ohie rail road traffic will pass te and from New Yerk by the Pennsylvania railroad lines, does net in.nny. manner interfere with the construction of the new railway from Baltimore te Philadelphia, te connect with the Beading railroad, using the Bound Broek te New .Yerk. This work is te go en at once A black woodchuck, mere commeuly callcd groundhog, in the possession of J. A. Burgeon, Beyneldsville, burrowed itself en the 16th day or October and has been in- a lethargic ,state,-with ene exception, ever since until last Tuesday. The excep tion was en groundhog day, when it poked out its nose, sniffed the atmosphere and withdrew. True te the sign, it has been in six weeks from that day. It has alto gether been burrowed, without a drop of water or a pinch of feed, one hundred and fifty days, or about five months. While Minnie Davis, who keeps a 'disre putable house was gathering weed in Pottsville she-came across an "infernal uiachine " that would have done credit te the braiu of a Bussian Nihilist. - It con sisted of a stick of hemlock weed, about two inches in diameter, which had been bored with an auger from ene end almost te the ether. The hollow was filled with three minnie balls ana muslin cartridges, 6uch as wcre Used in the old muzzle load lead ing rifles, each cartridge being wrapped in a piece of newspaper. . The open end of the machine was theu plugged up and carelessly daubed with mtyl. .. . m m A Fraud even In Ills Temperance Pre tensions. Correspondence Philadelphia Times. A preacher named Lanahan, the pastor of Mr Hayes's church here has published a letter saying Mr. ITaycs is a teetetaller or total abstainer, and furiously denying my frequently published statements. Hew does Lanahan knew that Mr. Hayes never drinics anything? lie knows be never saw him drink that's all ! I knew a geed many men, and women, tee, just as geed as Lanahan who say Hayes docs drink. Lanahan, if he gees at it quietly, can find a score of people right here in Washington who havu drank wine with Mr. Hayes, and some, I am sure, who have drank whisky ud brandy with him. I will go further than this. If Dr. Lanahan will come te me I will give him the name of a lady (privately aud net te be used by him) in the highest cir cles and of the highest respectability who was offered first claret and theu sherry by Mre. Hayes herself in the White Heuse. Still further, I will give him the name of a gentleman who offered te give Mrs? Hayes a case of wbisky shortly before she left the White Heuse, which was accepted. Whether it was delivered I de net knew. Still further, I will give him the name of a gentleman in West Walnut street,Philadel phin, who cntertaincdMr. Hayes at breakfast where several kinds of wines were fur nished. I will give the name of the gen tleman who sat beside Mr. Hayes, and he will tell Dr. Lanahan what he told me, that Mr. Hayes drank mero wine than anybody else at the tabic, .which' was a geed deal. One mere step and I am done. If Dr. Lanahan will call en me I will show him a copy of Cel. Ferney's Progress of last August, in which is printed the fol lowing in large type : " B. B. Hayes, the last time I saw him in Philadelphia, joined me in a glass of champagne at the Union League." There has been altogether tee much maudlin hypocrisy about the Hayes family. " BOUND AND SUBBED. Tbe 111 Treatment or an Aged Conple. A terrible outrage Was psrpetratcd en Jehn Conners aud wife, an old couple. liv ing iu the little town of Catfish, Pa., about fifty miles-past of Pittsburgh, en the Al legheny Valley railroad. About 9 o'clock Wednesday evening seven masked men called at Conners's, and finding the old people asleep, forced an entrance. Shey first dragged Cenner, who is 81 years of age, from bed, bound and gagged him, and then similarly treated the wife, driving her at the point of the pistol. Having rendered them helpless, the vil lains tortured Mr. Conners until he gave up.bis key and revealed the combination of the safe, sheeting him once in the head and inflicting injuries which may prove fatal. Frem the safe the robbers took about $10,000 in cash, and between $6,000 and $8,000 in government bends and railroad stock'.- 'They' then fled, leaving the old folks bound. These remained in this con dition until morning, when they were re leased and cared for. by a son. who lives in the neighborhood. Frem the bunzlin manner in which the work wasdebe it is thought that these engaged in the outrage were net profes sionals. They must have been acquainted with the premises m Dear Elections. Springflclil Kepnbllcaiu. The English election of a year age proves te be tbe most costly iu the history of parliamentary government. Under arliamcnta KOVCrnmcnt. Under the i. -j,;.), :-,. M.i,mnj;,in.nffi.i.. a retarn of his expenses, the total outlay of 1,100 candidates in the election of 1880 isfoaadtehave been $9,000,000; in 1874 the return of expenses aggregated $5,207, 000, and this has bceu accepted in English discussions of the subject as the fair average cost of a parliamentary struggle. This sum- is all spent for what "no would call ht'ie ' legitimate." expenses. The real euHy l? candidates is probably twice ' $9,000,000. In comparing these vast sums with electienwxpenes here, it must be re membered that a parliamentary struggle is like the presidential, congressional state, and, one might almost say, local elections of four years iu the United States rolled 'into one. Id the next place the can didates pay in 'England the cost of holding the election itself, which is-in this country defraying by the taxpayer. Making all these deductions, however, the cost of elections te candidates remains altogether higher iu Great Britain than in the United States. LOCAL INTELLIGENCE. MARIETTA MATTERS. .Ot'It KEGIXAK COUKESl-ONDKJIC'E. Wiudy weather, just the kind te associ ate with flitting. Tnere are a number of persons moving. Yesterday ineruini; a regular old styles flitting passed down Market street, it was Geerge Sayler's moving from Cyrus Herr's place te a farm recently bought by Bcnj. Hiestand. He had a train of live four-horse wagon leaded with furuituie. &c, aud just ahead of the proeesien weic three or four light vehicles making quite a show, and bringing out almost everybody aleu the street te see the sight. Lieut. E. S. Housten, has successfully passed an cumulatien and been prom prom me ted te the rank of Lieut. Commander in the navy. Robt. TuriK'i- has withdrawn from the firm of Turner & Taggart and will go te Philadelphia en the 1st of next month. The firm continues by the same name. The Exchange bank is having a coat of paint en the outside; al.te the residence eT Mr. Rraudtucxt te it A drove of cattle passed down the street yesterday something that does net often occur. Columbia orrcspemlcut talks of dark streets. We would be' contented here with as much light as they have new. Our town is a miserable place te get through ou dark nights. The steamer was taken down te Chickits yesterday te pump into the boilers of ene of the furnaces. It doesn't leek as bright as it ought te appear. Tii.it is a line steamer and ought te be kept as bright as a dollar. Fortunately it has been idle for a long while. On March 30th Jehn AValkr will sell his household I'muituru at the residence efhis family en .Gay btrcct. GM. Souders, at West Marietta, will bell ou March 20th, household- furniture, carpenter and build ing tools, soma lumber, .-ash. doers, &c. On Wednesday the Washington school, en Mt Jey turnpike, taught by Mr. Thes. Bacen, was closed ; also tit the same time the high school in Maytewu by J. B. Kceler, together with the secondary of that place by D. Cernier. Yesterday at Scheck's the school taught by Miss Jen nie McDonald, Mr. C. Kidtl assistant, closed. Mr. Chas. Kedcmcycr, who had been visiting Prof. I. S. Geist, lcturucd te his home in B.'titimeic yesterday. Tobacco sales : Bind Shield, 2 acres, 17, G and 3: Westen Shields, 2 V acres, 1G. 6 and 3. Yesterday morning Mr. narry Wolfe re ceived a telegram from Mt. Jey announc ing the death of the only child of his daughter. Mi.. Milten J. ilricht. It was about seven mouths old -aud died of pneu monia New is tin- time te trim grape vines. Beth of our hanks in town escaped be ing cifditers of the lumber firm at Mid-dlt-tewn, Jitter, C.irmany & Siple at . the time of their going into liquidation. The name of J. C. .Weed is announced as the ce.ning mill in our Methodist church. 1 le had been stationed at Oxford, Pa., and, ir!s, ha is married. A special train passed' here, east, yester day afternoon. Last night the Mechanics' band was out serenading. Mr. U. Galbraith was in town yesterday soliciting for the telephone company. He added F. U. Gantz te his list. It will run te his mill en the Mt. Jey pike. The liver has go"e down about three feet during tin- past few days. That deer-plate gees en again. Never mind the weather when the wind don't blew. .Mi!-. Sn-cntzel's r'uiif.M.1. The remains of Mis. Margaret Swcntzel, widow of Be v. Dr. Ficderick Swcntzel, formerly of this city, " whose death, in Chambei-xKurg at the lesidence of her son Bev. II. C. hwciitzel, has before been re ported, arrived iu this city yesterday after noon, SiikI v. tie borne te the residence of Judge Livi.ig-ten, Xeith Duke street. This morning the interment took place at Weed waul Hill cemetery, the lcmaius be ing followed te tiie grave by a large con course Hs irrewing friends, among whom were Itev Dr. Spa.diug, of Yerk; Bev. Dr. Knight, et bD. James; Bev. T. B. Barker, of St. Jehn's, and Rjv. Alotize P. Dillcr, of Marietta. Tne burial casket was covered with llo.ver. and many beautiful floral tnbtiit-s were placed upon the grave. Election of 0icers. At the regular conclave of Lancaster cemmandery .Ne. 13, K.T., held at their asylum, Masonic hall, March 21. the fol lowing were elected officers for the ensuing Templar year : E. C David H. Wylie. Gcneralihsime Gee. B. Wclchans. Capt. Guu'l K. Oram .Lytc. Treas. Chas. A. Hcinitsb. Becerder Hugh S. Gara. Trustee.-. C Widmyer, Jehn B. Warfel and Jehu Bees. Watch l'r.eent:iUea. Last eveuiug the employees of Jeseph Leeb & Ce. presented their foreman, Mi chael Ihirus, with a handsome silver watch. Lancaster movement, stem winder and setter. The watch was put up by L. Weber, jeweler, and handsomely engraved bv J. J. lleusel. engraver at the same place. The presentation speech was made by Mr. Ferd Lecb and responded te by Mr. Burns, alter which thuv proceeded te W. A. Shee nbcrgcr's saloon, where agrand repast awaited them. Au Old xtndiuarK Gene Workmen arc engaged in tearing down the old Washington house at Chickics, it being the intention of the owner, 31r. A. M. Garber. te erect a new house upon the site. Tlia old Washington house was built bcfeic the Revolutionary war and was remodeled in 1859. In one of the cup boards is a notice te the effect that Gen. Washington drank a glass of wine from a bottle therein, and also that he left his au tograph then: when he visited the house. The autograph wa taken away when the house was remodeled. Xe Court tbli Merala;. On account of the funeral of Mir. Swcntze!, who is a sister-in-law of Judre Livingston, no court was hald ycsterJ: jr afternoon or this morning. I lie Unlit Lamps. The pePce icport6hews that last night there was one unlit gas lamp in the Fourth ward ; three in the Sixth ; one in the Seventh, and three in the Ninth. Belure Ilia Mayer. This morning the mayor committed two drunks for ten days and .we for five. One bum was discharged. . ll .Hi -l m 31
Significant historical Pennsylvania newspapers