LANCASTER DAILY INTELLIGENCER TUESDAY FEBRUARY 21 1882.
Hautastc! -ittclltgcnccr.
TUESDAY EVENING, FEB. 21, 1882.
The Snyreme Court's Opinion.
Doubtful things are very uncertain,
and supreme court decisions may be
classed among the doubtful things of the
first water. The mere certain you are
that you knew what they will be the
mere sure you may be that they den :
and supreme courts in different parts of
the country have been clearly demon
strating this fact.'Thev have an especial
facility for it in expounding the consti
tution. The Tennessee supreme court
the ether day decided that it was un
constitutional in the Legislature te give
the citizens of the state the privilege of
paying their taxes with the debts due
them by the state. Men of ordinary un
derstanding naturally supposed that it
was quite in order te offset one
debt against another, and they feel very
much enlightened te learn new that
states are of such different constitution
from individuals that even their Legis
lature cannot make the debts they ewe
receivable for the debts owed them.
And new here in Pennsylvania our
supreme court comes along with a decis
ion nobody at all expected, declaring
that there isn't any perceptible difference
between salary and wages, and that
when the Legislature was directed by
the constitution te be paid such salary
and mileage as should be fixed by law, it
was net forbidden te give itself a per
diem pay in addition te its salary. Te
be sure, the constitution firmly intended
te cut, oil' the per diem payment as de
moralizing and tending te prolong legis
lative sessions indefinitely; but the
supieiiie court thinks that it has nothing
te de with the constitution makers' in
tentions ; that what they wanted te de
they should have said in unmistakable
language: and that it would net at all
de for the court te suppose for a moment
that the constitution framers content
plated that the" Pennsylvania legislator
could be duped te continue the session of
the Legislature a day longer than was
necessary, because of the temptation of
a ten-dollar per diem ; which is sarcasm.
The gieund of this derision of our
court is I hat a legislative act. must net
be pronounced unconstitutional unless it
is clearly se : the doubt must be resolved
in favor of the Legislature's act. The
strength of this position cannot be dis
puted ; though the decision of the sister
stale of Tenm-i-see, te which we have re
f erred, is based upon the opposite idea;
there the doubt was resolved against the
legislative act. It is a very great power
that is ri-pcxcd in a court te defeat the
sevcieign expression of the people de
clared by its Legislature, and certainly
should net be exercised unless clearly
required by the fundamental law. There
.must be no undertaking en the part of
the judiciary te usurp the law-making
functions. When judges sue permitted
litis libcity. free government is ended,
quite as much as when the executive
power is allowed te defy the legislative.
Though the decision of the Pennsylva
nia com t may defeat the intent of the
constitution, it is better se than that it
should emasculate the legislative func
tions. She Campaign.
When the present city campaign shall
have been ended, we feel confident that
the public will be as well satisfied with
the result, and our Republican contem
poraries as much ashamed of their can
didate and his cause as they were after
the Bering fiasco. They have supported
StaulTef with no mere zeal than they
endeavored te elect Bering, and they
have been about as much put te their
trumps te find argument for the one as
they were for the ether. Cering had
demonstrated his unfitness for the may
orally by service as councilman ; Stauf
fer had mere conspicuously exhibited his
incapacity and unfitness by four year.-,
of actual service in the executive chair.
lie was neither a geed disciplinarian of
the police, nor a god manager of the
city's finances. lie was net straightfer
ward, positive and truthful, and he went
out of office without leaving a geed rec
ord behind him, and without having the
sympathy of his party in "his future
political piometion. Fer seventeen
years he has done nothing, sought te de
nothing and has engaged himself in
nothing but ollice-helding. His party
all factions nf it had come te leek upon
him as a " chronic office-holder ;" and
its organ frankly declared that he ob
tained place by his " facility for lying,"
and that his further appointment te a
federal position would be a catastrophe.
Hut te such an extent, in the minds
of our Republican contemporaries
" parly is everything,'" that te elect
Stauffer they were willing te go any
length in misrepresenting a mayor of
exceptional fitness and his admirable
municipal policy. They have had the
assurance te claim that Stauffer favored
a policy of no expenditures in increase
of appropriations, though in every year
of his administration the appropriations
were overdrawn and at its close $."0,000
of floating debts had been incurred.
which were met by the MaeGenigle ad
ministration in such a manner that be
sides this a reduction of $13,000 in the
bended city debt has been made. Al
though Stauffer's police force was de
moralized by inherent weakness and the
want of personal character of its mem.
bers, his defenders have had the au
dacity te claim it as ' the best the city
ever had." Although the policy of his
administration, continued and practiced
by a lawless and extravagant Republi
can street committee, raised another
floating debt of SSO.tMie, the Republican
organs, with an impudence born only
of desperation, have tried te make the
MacGeuigle administration responsible
for this misconduct of a Republican
street committee. While reproaching
the police force for ill discipline the
friends of .Stauffer have been pandering
te and trading with every man who ever
felt the rigor of discipline for breach of
duty : though Stauffer has never repaid
te the county hundreds of dollars which
he illegally drew from its treasury dur
ing his first term, his organs have been
trying te make, capital against Demo
cratic constables for taking their cases
te I) J -' " ..I ler.nM iu-Tea ! ei ui
the two Republican magistrates, whose
fees last year for dismissed cases alone
amounted te nearly $-5,000 ; although the
Republican newspapers were zealous in
favor of a paid fire department, the
adopted scheme originating in one of
their offices, and being supported in
councils by one editor of the ether, they
have allowed the mayor te be misrepre
sented in their columns en this subject,
and pandered te passion and prejudice,
while their candidate was displaying his
"facility for lying" by being en both
sides of this fire question.
In short, a mere illogical, evasive and
deceitful campaign was never carried en
than that which has been made for
Stauffer, by himself, his newspapers and
his friends. It is significant et its
weakness. And although these device
may have deceived the ignorant and mis
led the weal: we are confident that when
the votes are counted and the result de
clared it will be seen that while a
'facility for lying" may elect a man
once or twice te office it cannot be per
severed in with uninterrupted success.
Oxj: vote has often wen an election.
The neglect te poll yours may be fatal te
some cause or candidate that you es
teem. Ge and vote.
Only a few hours will elapse until
the polls close. Yeu may yet have time
te get in your ballet for MaeGenigle and
geed city government.
Tiik polls close at 7 p. m.
neglect your chance te poll yeu:
for geed city government.
De net
ballet
l. Philadelphia the cause of munici
pal reform is booming. Help it along in
Lancaster by voting for MacGenigle.
Litti.k time is left. Ge and vote.
Tiik Extnnlner says "'the party is every
thing'' with the Examiner, of course.
I v view of his impending political do de
cease St an tier may have the reflection of
knowing that happy is the corpse that the
rain falls en.
Tin: Yerk Daily, which bus recently
chauged hands, has bsen considerably en
larged, being increased te twenty eight
columns much longer than in the old form.
A press of advertising matter also necessi
tated I he issuing of a supplement In its
announced "determination te give Yeik a
paper worthy of its size and growth, and
fitly representing an enterprising and
public-spirited community," the )aili has
our best wishes for success, and the abil
ity aud eneigy vihich characterize it under
the new regime premise te make it rep
resentative of its community and i credit
te penny journalism.
It is u very proper and giacefiil thing
for Rev. Dr. Netin's associates in the
ministry aud his fellow citizens te cele
brate the aniversary of his birthday with
such exercises as are described in the ae
count we print of the celebration at Car
narvon Place last evening. Ne ether of
our fellow citizHiis has attained his sveikl
wide fame, and though full of years, as he
is of the honor and respect of his fellow
men, his eye is net dim nor hi natural
feres abated, lie begins anew year with
the kind wishes of hosts of friends that he
may be spared for many meie.
Seir. inteiesting leeal reminiscences a;e
printed en our first page te day. The
story of the forged letter sent te Presi
dent Buchanan, which is heie iiist pub
licly told, illustrates at once the trust re
p.ised in our late esteemed fellow citizen
by the president, and the furthei notable
fact that the political allegiance of Mr.
Peters was net conditioned en money
faveis. Mr. Denuey throws some light en
the big Zirracher "claim" agaiust the
government for alleged expenses incurred
in and about "the Christiana liet " aud
raises the pertinent inquiry as te who
have been backing the enterprise and who
aie partners in it.
PERSONAL..
Senater Lwi.u:, who, while crossing a
sticet in Washington the ether day, was
struck by a carriage and hurt, and has
gene te his home in .Mississippi te consult
his family physician.
General Gisant is expected at the
White Heuse, as the guest of Mr. Arthur
for a few days, about the end of this
mouth. He will tarry-only a short time in
Washington, however, as he is bound
further Seuth.
Captain Jehn" II. Ciiamijeii.yynk, tl.e
editor of the Richmond Slate, was a man
of .se much iutlucuue in his community
and was m widely respected throughout
Virginia, that tlte Heuse of Delegates ad
journed yesterday te attend his fu coral.
EnwAKit D. Leisexking, the senior
member of the publishing, printing and
stationery firm of Leiseuriug, Trexler &
Ce., and one of the eldest and most influ
ential German editors in the state, died at
his residence in Alleutewn yesterday morn
ing, of softening of the brain, aged sixty
live years.
William S. Garvix died at his resi
dence in Mercer, yesterday morning, after
a protracted aud somewhat painful illness.
Mr. Garvin has long filled a conspicuous
position in public affairs. He was born in
180G, and up te a few months of his death
was editor and publisher of tin Western
Press, the staunch Democratic organ of
Mercer county. He served a term in Con
gress, and was an associate et James
Buchanan, Simen Cameren and the late
Geerge M. Dallas in directing the old
party through the various triumphs of
nearly half a century age.
Fatal Acciueut
Rebert Gamble, aged 43 years, living at
Coepcrville, who had a leg cut oil by :i
train en the Pennsylvania Railroad at
Fraukferd Junction en Sunday evening,
died at the University hospital, in Phila
delphia, te which institution he was tc tc
meved, the same night.
Twe young sisters named Hall were fa
taliy injured by collision with a tree while
"coasting" yesterday at Freeport, Maine.
Miss Alma Flourney, 20 years of age,
was fatally injured by being thrown from
a wagon, in Chesterfield cannty, Virginia,
en Saturday.
" Majer" a horse belonging te the Hu
mane fire company of Norristown, while
hitched te an engine en the way te a fire
fell and was killed.
Five masked men entered the house of
Michael Ulrich, near Highspire, aud by
frightening him and his wife almost te
death seemed $1,000 which they carried
off
FLOOD IN THE WEST.
DESTRUCTION IN THE OHIO VALLEY
CRIMES AND CATASTROPHES.
THE TRAIL OF Flitli AND CLOUD.
Sonie Tragic Occurrences of Recent
Happening
thi: wtsruns fkkshi:is
All iiie Streams Kunniiij In Torrents te tlie
31 Itsissippi Immense Destruction
and Great Distress.
Great excitement has prevailed through
out the Ohie Valley te-day, en account of
the swollen streams. The Ohie river is
fifty-four feet above low water mark, and
people living even four blocks from the
river front, in Cincinnati, have been
obliged te vacate the lower portions of
their houses. Along the levees the water
has reached the second story of many of
the peer people's dwellings. The river is
within four feet and ten inches of the
highest point ever known. The rain con
tinues te fall and all the tiibutarics of the
Ohie are flooded. Torrents of water are
pouring from the mountain slopes of New
Yerk, Pennsylvania and Virginia, sweep
ing ever the low lands and destroying
bridges en the way te the Mississippi.
The freshet premises te be the most disas
trous in many years, and coming as it docs
a month earlier than usual causes mereascd
peril, because all were unprepared for it.
Navigatieu en the Ohie liver is closed,
and the suspension bridge, which is 102
feet above low water mark, is new only
45 feet above the surface of the river.
The Southern railway bridge has a, draw
span te let the river steamers up the
stream, but between the Suspension and
Newport bridges all the steamers are new
imprisoned. The Ohie & Mississippi,
Cincinnati, Indianapolis, St. Leuis & Chi
cage, Cincinnati k Baltimore, and Cin
cinnati, Hamilton & Dayton railroad
tracks arc covered with water. All the
trains en these reads arc stepped. Hack
water extends ten miles up the Little
Miami river and ten miles up Mill creek,
submerging theusauds of acres. In Cin
cinnati all the street railroads in the bot
tom lands arc inundated and impassible en
some portions of their route. Covington
and Newport, en their river fronts, aie
under water. A great number of the
factories in these cities have been com
pelled te step. The eniire. ten miles of
river front of Cincinnati, covered with
saw mills, lumber yard?, rolling mills,
railroad depots, feundrie.-, machine shops,
great furniture factories commission and
warehouses, are mere or less inundated for
from one te four squares from the liver.
The damage will be lesa in actual de
struction of property than in water soak
ing building and in delay te business.
In Missouri rain has fallen steadily and
heavily since Saturday morning. All
trains were from four te eight, hours late
in arriving at St. Leuis At Cave Cliff.en
the Iren Mountain railroad there is an ex-
tensive washeut,aud two passenger trains,
which left the union depot last night, weie
obliged te lay ever all night at Carendeiet,
and are still there. A scaffold erected for
the use of the workmen repairing the
bridge ou the Wabash railroad was wash
ed away. The river has suddenly risen
ten feet. All the ireight lying ou the
levees near the old short line read was
swept away. The trains en the Ohie &
Mississippi aud the Missouri Pacific rail
roads alone departed te day. All trains
en the ether reads have returned en ae
count of washouts. A special from St.
Charles says that the"thrce temporary
spans and the two wooden piers support
ting the middle trestles of the St. Charles
bridge were carried away at two o'clock
this afternoon. The river is still rising
rapidly aud rain, is falling continually.
Representative Dunn, of Arkansas, has
introduced a resolution in the Heue
authorizing the secretary of war te grant
immediate relief by issuing rations te the
destitute citizens of Arkansas and con
tiguous territory of Louisiana embraced
iu the Red River valley. The resolution
was referred te the appropriation com
mittee, with instructions te make an early
report te the Heuse. Representatives
Dunn said that several hundred thousand
persons are already iu a destitute condi
tion ; that the recent overflow et the river
has flooded four millions acres of land and
driven back upon a section already i:n
peverished thousands mere of starving
lcfugee. He estimates that at least three
hundred thousand persons will lequire
immediate assistance te prevent great des
titution and actual starvation.
The signal service office reports that the
livers have risen as fellows : at St. Leuis,
103 inches -"""Caire, (5 feet 4 inches ; Mem
phis, 11 inches, and stationary ; Vieks
burg, i feet 3 inches ; Shrcvcpert. 1 feet
5 iuches ; Cincinnati, 8 feet (5 inches, and
Louisville, C feet 0 inches.
The Ohie at Madisen, lad., is overflow
ing its banks, causing a suspension of
business along tiie river front and consid
erable damage te property. The liver is
.'.till rising two inches pei hear, ami a
drilling rain is still falling.
TUt; JK.IIL Of 1-UHH.
ifOiit li i.i Vui'leiiM
Vernis Uriiu;
ii. I lM.".!-.-
ter.
Near Ha.zeli;reen, in Wolf ei-uiity, Ky.,
en Fiiday, Wilburn Day, :,h..t Geerge
Fentney, inflicting a fatal wound. An old
quariel and drunkenun.-'s caused the shoot sheet
ing. James .Mercer, a prominent citizen of
Suiythe oeiihty, Va , was yesterday mur
dered by a man named Lyle. The mur
der was caught and barely escaped lynch
ing.
James O. Teiry, inspector of hulls and
member of the state artillery, had his hand
blown off last evening at Mobile while
firing a salute te Felix, King of the C.irni
val.
Mrs. Bridget Grimes, aged 40 years of
Brooklyn, N. Y., was found dead iu her
bed yesterday, having committed suicide
by taking paris green.
Jehn Wyatt was probably fatally shot at
Louisville, Ky., yesterday, while resisting
arrest by Jesse Cunningham and Themas
J. Cennell, deputies of the city court, for
selliug liquor te miners. Wyatt fired four
shots at the officers without etfect, and re
ceived two shots himself in the abdomen.
Charles S. Jacksen, colored, assistant
postmaster at Orangeburg, S. C, yester
day shot at a white man named Jehn D.
Andrews, wounding him in the cheek, and
then shot himself. Jacksen had been
gambling, and the report is that he tried
unsuccessfully te raise money, and then
shot Andrews and himself. Jacksen's
weujd is mortal.
lSUKN'KD TO DUATU.
Seme Kecent Fires That Kesultcd ir'ntaily
On Saturday night the dwelling of Jes.
DesRivicres, near Fert Covington, N. Y .,
was destroyed by fire and the mother of
Mr. DesRivieres, aged 80 years, was
burned te death. The residence of Henry
Stevens, near the same village, was also
destroyed by fire.
The house of Geerge Cunningham, at
Ameliasburg, Ont., was burned en Sun.
day night. Three children perished iu the
flames.
Sephie Turner was arrested en Satur-
day at St. Albans, Vt., for causing the
death of the three-year-old seu of Peter
werry uy uurnmg mm en a stove. The in
jury was inflicted en January 23, but the
child did net die until Saturday. Owing
te a lack of evidence the woman was re
leased, but was again arrested, together
witli a niece, 16 years old, who was pre
sent when the crime was committed,
Flagg & Vreraan's saw mill aud furni
ture factory at Mitchell, Ont., was hnrued
yesterday. Less, $10,000.
LEGISLATORS1 EXTRA PAT.
thi: SUrKEaiK COl'UT SUSTAINS it.
Tlie DecUien of the Dauphin County Court
Reversed Definition el the Words
" Wages " and ' Salary " lti lti
teutlen of the Jt'rauiers
or the Xev.- Con
stitution. The supreme court yesterday decided in
iaver of the members of the Legislature
the question laised by Charles S. Wolfe
as te the payment of legislators for ser
vice tendered beyond the regular eue han
dled days, and awarded a peremptory
mandamus upon State Treasurer Bit tier te
pay the extra $300.
The Dauphin county court decided that
the act of 1S74. giving an extra per diem
allowance of $10 for each, day of serYices
ever one hunched days conflicted with that
clause in the constitution which provides
that "the members of the General As
sembly shall receive Mich salary aud mile
age for regular and special sessions as
shall be fixed by law, and no ether com
pensation whatever for service upon a
committee or otherwise." Mr. Wolfe, en
behalf of himself and the ether members
who felt themselves aggrieved by this
decision, appealed te the fuprenie court,
holding tiiat the word salary iu tiie
constitutional clause did net, as contended
by the ether side, prohibit a per diem
allowance ; that while it was true it meant
a fixed round rum, it also meant the same
as waces, stipend or pay , that the ceusti
tutien was te be liberally construed, and j
that if the purpose had been te prevent a j
per diem compensation the prohibition in
the constitution should have been plain
and clear. On the ether hand, Attorney
General Palmer, who had been the first te
raise the question as te whether the mem
bers were entitled te receive mere
than the round sum of $1,000,
argued that since the year 179fl many
acts had been parsed iu which the
word salary had been used, and in every
instance, it had been applied te a round
sum for a stipulated tern of service and
never ouee te daily pay ; aud that, more
over, in the constitutional convention, a
motion te go into a committee of the whole
te change word salary into compensation,
se that the Legislature would have power
te fix a per diem consideration, was voted
down.
The SuirciiieC'cKrt' Decision.
Chief Justice Sharswood deliveied the
opinion of the court, saying :
"Te justify a court, iu pronouncing an act
of the Legislature unconstitutional and
void, either in whole or iu part, it must be
able te vouch some exception or prehibi
tien clearly expressed or necessarily im
plied . The doubt is te be resolved in favor
of the constitutionality of the act. This
rule of construction is se well settled by
authority that it is nnnncessary te cite tlie
eases. Where the contention is as te the
i meaning ei a went the rule is that it any
meaning technical or popular will sustain
the exercise of the power it is sufficient.
On the ether hand, if the :;triet and
i!
meaning would have the ef
fect te limit or destroy, while some
popular acceptation of the word would
support the act, it must be leserted te.
Several eases arc quoted te show that the
popular meaning of the wcid, if broader
than the technical meaning, must be
adopted, but net if the effect be te limit
or icslrain the general grant of power.
If the framers of the present constitution
had gene back te the language of the con
stitution of 1770 aud provided that "the
members el General Assembly shall re
ceive Mich wages and mileage for regular
ami special sessions as shall be fixed by
law " the present contention would
net have aiisen. l'e's, according te the
me.-.l appieved lexicographers, the words
wages and salary are synonymous. They
both mean one and the same thing, a sum
of money periodically paid for .services
rendered. Are we te leek te the debates
in the convention for the meaning of the
word? Suiely net. The majority, for
all i hat appears, may have been of opinion.
that t ne word salary was as comprehen
sive as compensation and was a mere fit
ting word te use iu application te such an
honorable and important position.
"If it had been their intention te prohibit
a per diem salary they could have easily
said se in a very sew words. The truth
is that if theie is any diileience in the
popular sense between salary and wages it
is only the application el them te mere or
less honorable services. A merchant pays
wages te his servant who sweeps the fleer,
makes the fiie anil runs his errands, but
he compensates his clerk or sales,
man with a salaiy. Had the act
of .May 11, 1S74, said salary of ten
dollars per diem it would have been geed
English and perfectly iulelligible te the
common mind. It is contended that the
evident object of the clause was te shorten
the sessions of the General Assembly. If
this was the object the word was very un
happily chosen. A much simpler aud mere
effective mode would lmc been te have
provided a rate tier day, diminishing from
day te day as the sessions continued. It is
hard te believe that the convention thought
that the General Assembly would be influ
enced by se sordid and unworthy a motive.
We ought te be careful net te hamper the
power of the Legislature by any narrow,
strained construction, as it may be very
important hereafter, in view of what seems
a growing evil, frequent absence of the
member. s, te provide that members who
aie net present and de net record their
votes en the final passage of bills shall net
lcceivc their salary for that day. If, how
ever, they receive a round sum for the ses
sion it would deprive the Legislature of
the power te make such a prevision.
"i,.vnr..Ni:K" in isai.timei:i:.
i-.mi; liy t'aidiionable New Verl.cra
liolere i'rcslili'iit Arthur and a
ISrilliatir Audience.
The Academy of Music in Baltimore
was crowded last night, with the most
fa&hienable audience ever gathered inside
its' walls. The occasion was the singing of
the opera " Patience" by ladies and gen
tlemen, leaders of fashion in New Yerk
city, for a local charity. Bvery scat in the
academy was taken and the dressing of
the ladies was magnificent. The stalls and
proscenium boxes were all filled.
President Arthur came ever from Wash
ington iu a private car, together with Mrs.
Secretary Robeson, Assistant Secretary of
State Jehn R. Davis and Mrs. Davis, Miss
Frcliughuyscn. daughter of the secretary
of state, and Miss Stant ; Fred. J. Phillip?,
the president's priv.de secretary ; James
Otis, of New Yerk, aud Mr. Jehn Draper.
They occupied one of the proscenium
boxes. During the second act the
ladies threw three bouquets te Miss
Schenk. who sang Patience. The
president, fiequcntly encored the la
dies. The ethe- boxes were occupied by
Jehn W. Garrett and family, ex-Mayer
Latrobe and party and Mrs. T. II. Merris
and party. The performance was a grand
success. After the curtain fell at the end
of the second act the audience rose en
masse and shouted " Brave !'' The presi
dent advanced te the fi ent of his box and
bowed te the audience, and in reply te a
call for a speech was about te make one
when half a dozen of the rapturous
maidens dashed out from behind the cur
tain, followed by as many of the heavy
dragoons, and danced across Mm sfcir
! T,1C! president retired tethc back el his box-
' an,i dt the theatre and immediately
started for Washington. The ladies and
gentlemen went te the Tuesday gcrman, a
fashionable ball after the performance.
tire in forest City.
Peehia, III., Feb. 21. A fire at Ferest
City yesterday dcKheycd several business
houses. The total les3 will be about $13,--000.
DUIXING IX THE OLD DD3IINIOK.
The Governer Vetoes a Bill Against the
Cede.
Governer Cameren, of Virginia, has
vetoed the bill passed by the Legislature
of that state te prevent aud punish duel
ing. The governor says he approves the
object of the bill, but he thinks one of its
sections is retroactive, aud that it leaves
a witness en his own confession subject te
the political disqualifications prescribed
by the constitution, te iwit. disfranchise
ment. The decision of the court of ap
peals of Virginia, in the case of Culleu vs.
the commonwealth, is cited, in which the
court below lequired a witness te testify
after his refusal for the reason that he
would criminate himself. The court de
cided that such legislation was unconsti
tutional. The eases of Congressman Wise aud
Senater Riddlcbeigerj and of the latter
and Richard F. Beirne, editor of the Slate
charged with violation of the law against
dueling, were yesterday before the county
court in Richmond, Virginia. Counsel for
the accused opposed the examination of
any witnesses present en the ground that
their evidence, while it might fasten guilt
en the principals, would end te criminate
themselves as participants. The court
decided that the ground was well takeD,
and discharged the witnesses, which pre
sents any presentment by the grand jury.
'i liu Cuu Ai'isinf.t ISyrne Dismissed.
The matter of the indictment of Charles
A. Byrne, for alleged criminal libel agains
W. F. G. Shanks, formerly an editor of
the Xew Yerk Tribune, canto up for trial
yestciday in the court of sessions, Kings
county, New Yerk, before Judge Moere,
whi :: ISyi ne, in an affidavit, admitted that
he v. a.; formerly an editor of Truth, and
that the charges against Shanks were net
true. A motion te dismiss the case was
then made by counsel and granted, Mr.
Shanl:1; being only desirous of a vindica
tion. LOCAL INTELLIGENCE.
7.i vi. sittiK i"i:i:i;iiT caks-
Te l.e Kill) With Air 1'i-aUet.
ne of the air line stock trains, lately
put en the Pennsjlvauia read, left Har
ribburg ou Sunday, and was composed of
twenty-seven cars until it reached Colum
bia, when two cars were detached, giving
it twenty-live for the run te Philadelphia.
The idea is te make three runs, average
twenty-eight miles per hour, from Chi
cago, se that cattle may be get through
from that city te Philadelphia and New
Yerk with as little delay as possible, and
as few unleadings for feeding as the
condition of the cattle will per
mit. The purpose is te run four trains
a week from Chicago te New Yerk and
Philadelphia. The idea in making these
tc:-ts for dispatch iu cattle trains is te
compete with the refrigerator business, the
refrigerator car near being used for the
ti asportatien of slaughtered beef being
claimed as a grey advantage ever the live
stock transportinien, by which under the
old style cattle reached the northern mar
ket, leduccd in flesh and frequently dis
eased by reason of exposure, starvation
and rough treatment. The ether freight
will be carried with three fast cattle trains,
and as the brakes are managed under the
air system, less men will be needed te run
them than when the braking has te be
dene by hand.
Si cot I US el
the Mlilernvilie Slroet Kailiv.iy
Company.
The annual meeting of the stockholders
of the Lancaster it Millersviile railroad
company was held yesterday afternoon at
V! o'clock, iu Roberts's hall, Lancaster.
The meeting was organized by electing
Moses Geisenberger, esq.
chairman, ami
secretary. The
AOraharu V. blinlc, esq
j trcasuier s report was read and an auditing
! committee appointed te audit the treas
urer's account, which was found correct
by the committee and the report was ap
proved. The annual report of the beard
of managers was also read aud approved
and the action of the beard in reference te
the running of the read by the company
from the expiration of lease, April 2, 1SS2,
was approved and the beard instructed te
put the read in geed running order, with
all the necessary equipments. The old
officers and the beard of managers were
re elected for the ensuing year, te wit :
President, Jehn C. I lager, esq.; Vice Pres
ident, Henry S. Shirk, esq.; Secretary and
Treasurer, Cbas. Demies, esq.; Beard of
Managers, Jehn C. Hager, Samuel Baus
man, Michael Reilly, Jacob M. Leng, Dr.
Jehn McCalla, Jacob M. Frantz, Jacob G.
Peters, Andrew M. Frantz and Henry S.
Shirk, esq?.
1 Thi)
'a-iiii;
Kelment
at lliu Oieia
Heuse.
Despita the inclemency of the weather
a geed-sized audience assembled in the
opera house last night te witness Augus
tin Daly's latest New Yerk success, "The
Passing Regiment.' Although the play
is almost devoid of plot, it proved te be
one of the most pleasing entertainments
of the season. Miss Virginia Brooks, as
Telha, proved herself a facinating young
actiess, and Mr. Digby Bell a Thorpe
Sudani, and .Mr. E. P. Wilkes, as Ilotj Iletj
hiculer, fairly divided the honors of the
evening. During the fourth act Miss
Georgiana, Flagg and Mr. Harry MacDon MacDen MacDon
eugh sang a very pretty duct, which was
hcaitily encored. The company, as a
whole, is very eveuly balanced, and enter
into their several parts with greit spirit
aud vim.
.vl:il)ie.s Last Niht
Last evening Mieuncrcher and Liedcr
kianz, the two well-known musical organ
izations of this city, gave concerts and so se
ciables iu their halls. The crowds at
both were very large. The music was ex
cellent and dancing was kept up until a
late hour. A number of gentlemen from
Philadelphia and etiier cities were pre-
! sent and the parties enjoyed themselves
heartily.
Last evening a large and very pleasant
sociable was held in Armery hall, Coalcs Cealcs
ville. The music was furniscd by Miller's
orchestra, of this city.
On Uln .Muscle.
An Irish tramp entered Kshlemau's sa
loon. East Chestnut street, yesterday
afternoon and began te abuse and threaten
everybody therein. Officer Adams was
sent for and ariesttti the fellow, who ic
sisted stubbornly all the way from the
saloon te the station house, where he was
tiually ledged and locked up for a hearing.
He gave his name as Jack Kelly.
i-.lccted Clerk.
C. Milten Weidle, who for the last year
has been City Treasurer McCemscy's assist
ant, was yesterday elected te a clerkship in
the First national bank. Mr. Weidle is
well known and is an excellent clerk, be
sides being a reliable and trustworthy
young man, and is well deserving of the
clerkship te which he has been elected.
.Sale of Horses.
Samuel IIess& Sen, auctioneer;, sold at
public sale, Feb. 20, for Daniel Legan, at
his sale and exchange stables, this city, If,
head of Canada horses at an average price
of $222.23. The highest price paid was
$283.
Case Continued.
Iu Philadelphia the case of the United
States vk. Miunich. en application of S. H.
Reynolds, esq., counsel for defendant,
was continued until March 7 ea acceuut
of Mr. Reynolds's engagements in tlu
the Lancaster court.
DR. NEVBTS BIRTHDAY
reFULAi: TIUBiJTK TO A YUNMKA
Alitt: MAN.
A Gathering at Caernarvon ri.tce te Il.:ur
Twe of the Oldest i: Ir.micil
Ministers
There aie few residents of our commu
nity elder, nunc mere highly lespeeted
wherever he is known, and no ether with
such world-wide reputation as Rev. Jehn
Williamson Nevin D. D. of Cioeruaiven
Place, ex-president of Franklin i.t Mar
shall college aud of the Reformed thce-
logical seminary.
Franklin county,
aud hence is new
year. His caiecr ,
as is well known,
Dr. Nevin was besn in
ou February 20, 1303,
entering upon his SOth
a sehe'ar aud teacher '
has leached ever six
been graduated fn-i t
decades, having
Union college iu 1321, studied theology at
Princeton where lie was for a time a teach
or and became tiie author of "Biblical
Antiquities'" in 132S. Fer ten year:; he
was a professor h: the
rian theological seminary
gheuy, and siuce he acecpte 1
in .i
a c'arii
.11-
in
the Merc-Tsburg theole
ical semmarv ;us
i,
history has beeu a lar
e pari of the ins
tery of the Reformed church,
ing and preaching, hi.; books,
His teach -pamphlets,
lectures and rcviev
rticles. and his
ser-
vices as oreiesoor and mesidcr.t in the
n
literary and theological institutions of his
church have placed him in the front rank
of theologians, and in Germany he is gen
erally held as the profoundest anil most
original theological thinker iuthisceuntry.
Fer the past ten years or meie Dr. Nevin
has been living in schelaily letiremcut at
Caernarvon Place out the Columbia turn
pike, west of this city, and is in remark
able geed health, of vigorous body and
clear iu mind.
In accordance with the eu-.tnu of his
family and friends, the anniversary of his
birthday, occurring yesterday was duly
observed lust evening by a plcai-.iiit social
gathering, which included some of his
neighbors and fellow-citizens, lcpicsenta
tives of the Reformed literary institutions
and a number of the members of the Lan
caster classis, among the latter Rev. Jehn
G. Fritchey, who is by little meie thaa a
year the senior of Dr. Nevin. Among
these present last evening weie Revs. Dis.
T. G. Apple and Thce. Appel, Gerharl,
Dubbs and Cast ; Revs. J. G. Fritchie, D.
W. and C. S. Geihard. W. F. Lichliter, .1.
A Peter.-:, J. B. Kieffcr, J. II . Peimabeckcr,
II. A. Friedcl and C . T. Frey.
The company belli:.' assembled, in the par
lors of Dr. Neviu's residence, a teh-giau:
was read from Rev. P. S. Davb, D D., of
the Reformed Church .Vexsemjtr, express
ing his regret at being unable te be present .
The College choir sang ':T1ib Church's
One Foundation," fiem Miss Alice Nevin V.
" Hymns and Carels. Rev. Dr. Gerh.irt
ettered a fervent prayer. After which
Rev. Dr. Apple, as a icprc.icntative of the
literary institutions atld.-cssed Dr. Nevin
as fellows :
Rev. Dr. Nevin : It is net easy te
expicss iu appropriate weuls the thoughts
and feelings that rise in our minds and
hearts en this occasion. Your friends,
neighbors and former pupils have gath
eied heie te offer you their heaitfelt con
gratulatiens en this 79th anniveiraiy of
your birthday. We congratulate you en
reaching an age accorded te comparatively
few of our lace, and lejeleewith you in
the measure of health aud strength veui-a-
saied te you in the geed providence et
Ged: for as we :ni:ct you heie te-night
your " eye is no! dim nor your natuial
force
dialed
The weight of years
rests gently upon your silvered head, your
familiar countenance, marked indeed by
lines of thought as we have always known
it. still beams upon us with its wonted
ladianee, mellowed by with the higln-r
celestial light, that betokens the calm even
ing of life, and the premise of the eternal
day. But especially de we rejoice in the
ripened vigor of spiritual and intellectual
life that continues unabated. Tneugh re
tired from the mere ordinary offices of a
teacher among us, yet in your regular pul
pit ministration:; and the production of
your pen we still enjoy the benefit of your
ripened powers. The spirit of your life
and life-work still presides ever the insti
tutions iu which for many years you la
bored, and your visible presence among
us continues te attract te you the allec
tieuate regard and reverence of your old
pupils.
Indeed I feel that in a certain .seine I
speak for thcin here te night. In spirit
they are always with us when an occasion
arises for .i formal pieseutatien of our ie
spectful and heartfelt greeting, an l i.i
letters they express their desire te be pic-
sent. Many rcncralieii5 of them have
come aud gene since the earliest of them
received the benefit of your instruction.-;,
but wherever thev are, scattered abroad
in the world, and. fighting the battle of
life, they carry with them their warm
affection for the honored guide of their
youth. Cicrnareen has become a Mecca in
their thoughts, te which, en an occasion
like this, they would count it a piivilege
te turn their loetsten.s. Fer these absent
ones, as well as for these who conic here
this evening, I present this affectionate
greeting.
This rcfeienee te the past calls up lem-
inisceucesef which it would be a pleasure
te sneak in this festive hour. But te de
se would unduly occupy the time for tho-e
personal congratulations your friends have
come te present. Tiiereterc I will allow
myself te give brief utterance te but one
thought in this connection which is sug
gested by veur lentr and honored life ; it
is the untiring an I unshaken devotion te
truth which has ever characterized the re
searches of your gifted mind and iabeis as
a Christian teacher and minist-r of thi thi
Lerd. The attainment of wisdom r. net
reached in these straight and easy paths
of human thought with which many are
satisfied, but rather in that pathway of
faith illumined by Himwhe is the leader and
finisher of the same, yea who is Himself
the icny, the truth, aud the life. Grappling
with the deepest problems of thought
with these great intellectual p-iwers with
which Ged endowed you, aud standing iu
the front rank of Christian philosophers
where your honored name is known brth
in America and Europe, your life his
taught us that in whatever ways the mind
may be led and guided in seeking the
truth, its greatest success and victory
must be found alone in Him who is the
light of the world. The fidelity and corn corn
age with which you have led us i-i the
irreat struggle ter the truth as it is in
Christ, will remain as an encouragement
and an inspiration for these who come
after you when you shall have gene te
your heavenly reward. All your teachings
in the deeper and mere intricate paths of
human thought, which remain with us
still, were made te revolve steadily around
this central sun. In the unfolding of this
great christolegie! mystery you have de
veloped thoughts that will live with un
ceasing appreciation as the years of the
great future ceme in. and as the world -struggle
between Christian faith aud un
belief approaches its consummation. As
the growing skepticism of the ages utters
itself in the words of Pilate spoken in the
very presence of our Lord, "What is
truth .'" with no belief that it could ever
be answered, and is strengthened iu our
day by the agnosticism ;' uneelievin,',
science, the answer will cenn; in thunder
tones te condemn unbelief and support
and encourage faith, from that same Lord
of life and glory, "lam the 'Truth," "he
that keepeth my words shall net walk iu
darkness, but shall have the light of life "
Rich and profound ideas iu the region of
philosophic thought we have received
from your teaching, ide:ts that underlie
the unfolding of the world's life in its so
cial and political economy, aud higher
truths have we heard from yen en the
great themes of the Christian stlvatieu.
! but they all circle around this one centre.
the mystery that selves all problems, the
light that irradiates all truth. Fer the
manner in which you have directed us te
it as the truth of truths, we are bound te
you as admirin j pupils and learners. The
thceI.igic.il seminary, the college, preles
seis and .students, citizens of this citv.
friends and neighbors, gather here
night, te offer you our regard and love
to te
ou this 70th anniversary of your birth.
Te this festal greeting has been invited
a brother minister of the Lancaster classis.
a no in this same mouth celebrated his
S0;h birthday, Rev. Jehn G. Fritchey,
who has labored iu the Christian ministry
for a period of 51 years. Paster Fritchey
began his labors in what may be called
the earlier days of the Reformed church
in this country, when its ministers
were lVw and its people scattered,
and te a huge extent uusupplied with the
ministrations of the gospel. His long life
has been steadily devoted te the great
work of the Christian ministry. He, tee.
is blessed with health and strength sutli
cient still te labor among ns, and he is at
present engaged in active ministerial
work. It lias been thought fitting that
your brethren should take this occasion te
expicss their greeting te you as the eldest
minister iu this classis. Reminiscences
might here also be called up of years of
faithful pastoral labor, of .self-denial and
sacrifice that are known te us, and serve
as lessens for these who come after. Iu v.
mere private way we have been interested
iu listening te the account of these Iabeis,
which began before I was; born.
But the friends who arc assembling here
are waiting te present personally their
congratulations, and I may net longer de
fain them. Brethren, fathers iu the min
istry of our Leid Jesus, we greet you en
t'te near approach te your journey's end
We rejoice with yen en the success of
your life work. Wc pray that the evening
of your days may be serene and happy in
the faith and hope of the gospel of out
Lord which you have faithfully preached,
and we shall seek te gather courage am!
inspiration from this joyous occasion for
the work that may still be before us as we
strive te fellow in your footsteps te tlu-
goal or nl! our hopes an.i aspiration-. May
we all come te the greeting that shall lie
given at last te all his people by our Lord
and Master in blessed reunion in Heaven '
Kev. C!S. arhiml'ii Address.
Rev. C. S. Gerhard, of Columbia, then
spoke as fellows e;s Ik. half of the tvprc-
sei.tativc of the Lancaster cl:i-sis the
Reformed church :
Iu response te the question, "Hew old
art. thou'.'" addressed by King Pharoah te
the patiiarch Jacob, the aged father le
plied, "Tiie days of the years of my pi!
grimagc are a hundred and thirty years ;
few and evil have tiie days of the years of
life been, and have net attained unto the
days of the year:; of the file of my fathers
in the days of their pilgrimage." Astieng
touch of melancholy pervades these weid.".
and, I presume, it is with somewhat simi
lar feelings that elderly people genera!!,
leek back ever their past lives. However
long and prosperous this pilgrimage may
have been, in summing it up they feel that
the days of the years of their lives have
been few, and iu many lespectsevil ; that
is, full of sorrow anil disappointment.
If there arc exception ; te this experience
and we believe there aie, we would nat
orally leek for them among Christian
Minister.;, who constitute a unique class ei
men summoned te the work of the minis
try. Separated unto Jesus Christ removed
from the ordinary avocations of the world,
they leek upon lif.: in a way different from
most men. Te thc-n success does net
mean wholly worldly gain and honor, but
the tiiiimph of the gospel. They regard
life as a battle te be fought, as a race te
be run, as a sphere, of grave lespeusibility,
and golden privileges that shall open at
last te the life immortal beyond thegiave,
and there bring them their reward. When
St. Paul, grown old in the ser
vice of Jesus Chi ist, steed en the brink
of the temli, he remembered the past, net
Willi feelings of sadness, but with exu!
taut triumph, aud gazing into the filiate,
with the piercing eye of faith, he saw a
crown awaiting him there. These were in-,
weuls, and what a contrast there is b..
tween them and these of Jacob ! "1 have
fought a. geed fight, I have finished my
course, I have kept the faith; hencefeith
there is laid up for me a crown of right
eousness, which the Lord, the righteous
Judge, shall givu me at that day ; and net
te me only, but. unto all them also th:i
love His appearing." Why should net tin
declaration of aged persons in the case of
all tins true servants of the Lrd b like
that of the apostle, rather than like that
of tlte patiiarch?
Fer "mere than half a century the two
brethren, in who-e honor wc are assem
bled, have steed as watchmen en the
walls of Zion. During this time the signi
ficanei: of the Christian ministry had beau
most beautifully portrayed in their lives,
the one being constantly engaged in the
active duties of the pa.-terate, and the
ether as a teacher of theology -the
latter fitting laborers for the vineyard, the
former never wearv iu leading souls te
Christ.
What :.phcies of usefulness grander than
these could visibly be found in the world
what fields of activity at all comparable
witli them ? Teacheis of theology and
parish priests arc the men who bhapc the
course id" history. The potency of wealth
is great, the might of political combina
tions is greater, -but the power of living
thought the greatest. Ideas rule the world.
And the ideas which reach farthest and
strike deepest are tlnse with which the
theologian has te d., because 'religion is
the profoundest spring and root of man's
being, and gives tone and character le
every normal utterance of his life." Kings
and piesidents aie only executives. Tlrj
real monarch's are the men who shap3 tin;
thinking of the age in which they live.
Te boa teacher, net of denominational
shibboleths and petrified dectiiue.s, but of
theology as a living .science, that has te de
with a livii g Ged and His relation V
man, this is a work than which there is
none mere sublime en earth. It is dilli
cult, tee. Te grapple with the soul
problems of humanity ; te master the
whole field of philosophical endeavor ; te
stand net only at the forefront, of the
thinking of the age, but te ma -ter the iu
teliectua! achievements of all ages ; te
grasp the ti ue siguilicuice of the history
of Chiistian uectrines ; te bring thing.';
new and old out of the wen', of find in
such a way as te meet and satisfy the
deepest wants of fresh young mind.;, by
furnishing them with a system of theole-.
that is at eii'je conservative and progress
ive this is hard work. Such teaching
can be the outgrowth only of earnest
prayer and persevering thought, exempli
tying at once Luther's adage, " liens
erasse, f:;l hene alntUnme," and Carl; le'.s
saying, "Thought is it net the
daughter of pain? Bern as out of the
black whirlwind ; true oifert, in fact, as of
a captive struggling te free himself, that
is thought.'"
The venerable teacher, iu whose honor
we are assembled te-night, and at. whose
feet the Reformed church lias sat. for foitv feitv foitv
twe years, has left an indelible impres
sion en the thinking of the age. As long
y-