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LANCASTER .DAILY miJLLLlGrENCEB, WEDNESDAY, OCTOBER 4,1882.
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WEDNESDAY EVENING. OCT. 4, 1882.
A Welcome Decisis.
We welcome the decision of the su
preuie court of Pennsylvania, just deliv
ered by Judge Trunkey, which decides'
that a railroad company cannot decline
to honor a ticket which it has sold, al
though it has not been bought by the
holder directly from them, but has been
purchased at " second hand." A Penn-
sylvania railroad company's train con
ductor refused to receive such a ticket
offered by a passenger going from New
York to Philadelphia and he brought
suit against the company. The supreme
court decides that the ticket was valid
in his hands and reverses the judgment
of the lower court, which was in favor
of the company. This decision is said
to be the first one given by the supreme
court against the Pennsylvania railroad
company for a number of years, and it is
a fact which has excited much notice
that this company has been so generally
fortunate in its appeals to our highest
court. There is cause for satisfaction in
finding that the supreme court is not
always, at least, blinded in its judgment
by the magnitude of the great corpora
tion which appeal's before it as a suitor ;
yet this is but a part of the gratification
whi-ii this decision affords the people,
who hive never understood the public
necessity which led the Legislature of
the state to enact that a sale of a rail
road ticket by any other than an author
ized agent of the company should he un
lawful and bo punishable by fine and
imprisonment. The act of 1S7S, to this
effect, was passed to protpct railroad
companies from so-called "scalpel's"
who are persons who buy and
sell railroad passage tickets from
those who have no further use
for them. The corporations complained
that tickets which they sold for long
distances at low rates were thus put into
the hands of travellers to use for short
distances, at less than the regular fare ;
the original purchasers using the tickets
as far as lliey traveled, and selling the
remaining coupons to scalpers to be dis
posed of to thoso who desired to travel
over the remainder of the route. There
is manifestly nothing essentially wrong
or criminal in this.. It was perfectly
lawful by the common law. The Legis
lature has chosen to come to the aid of
the railroads by declaring tho business
of scalper.1) to be criminal. The courts
have sustained the authority of the Leg
islature to pass such a law ; and this
latest decision of the supreme court does
not deny it. The general judgment,
however, is that it is an unjust law.
There is no sufficient reason why a rail
road ticket should not be dealt in as a
commodity just as any other merchan
dise. We know of nothing else that a
man lias a right to buy which it is made
unlawful for him to sell in whole or in
part Even though railroad companies
could not protect themselves from injury
by the resale of their tickets by others,
the Legislature could not justly come to
their relief. In this case, however, they
are amply able to take care of them
selves. They have but to redeem their
unused tickets, to lake away the
scalpers business; and if they sell
tickets for long distances at prices
very much lower than for short dis
tances, they perpetrate an injustice and
an injury to the ieople, for which the
latter may properly demand redress
from the lawmaker?. It is tho railroad
company's officers who do this public
wrong, who should be punished by fine
and .imprisonment, and not those wiio
seek to re-sell the tickets the company has
sold and got the money for. The de
mand of the people now is for rates of
faro and freight by railroad corporations
that shall be in proportion to the dis
tance traveled ; and it is a fair demand
which if it was acceded to, would at
once put an end to the scalpers" busi
ness and remedy the wrong upon which
that business is founded.
The present decision of the supreme
court leaves the scalpers' business un
lawful as the Legislature has decreed il
to he ; but it declares that the purchase
of a ticket from the scalpeis is a lawful
act, not having been forbidden 'y the
law. Therefore, the companies must
accept the tickets offered them by the
purchasers. If the ticket was bought in
New York it was a lawful sale even by
the scalper, who is not amenable
there to the Pennsylvania statute. Con
tracts, by a well-known principle of law,
valid where made, are valid everywhere.
Bufeven if the ticket had been bought
in Pennsylvania its unlawful sale there is
decided not to damage the validity of
the ticket. The railroad company may
secure the punishment of the person who
sold it, but it cannot punish the one
who bought it, who is not declared by
the law to have committed an offense in
so doing ; nor can it avoid the ticket
in his hands, which has been reg
ularly issued by it and is good
in the hands of the holder. No
other decision ,couId apparently have
been rendered, and it is difficult to
see how the lower court could have
decided otherwise. The supreme courtJ
of Pennsylvania would not stultify
itself even for the great corporation
that made the demand; and soon
we hope a Pennsylvania Legislature
will bo found sound enough to meet the
righteous demand that its people shall
not be charged a greater price per mile
of travel than the citizens of other states
who cross it on the way between the
Delaware and the Mississippi.
The Philadelphia liccord, reprinting a
late editorial from the Intkllioenckk,
heads it " Chairman Ilensel and tho
Democratic situation in Philadelphia.''
It is duealike to Chairman Ilensel and
ourselves that we should say that since
he has become the head of the state com
mittee, the duties of which office en
gross his time and keep him continuously
away from us, he generally has no
knowledge of the utterances of the In
telligence prior to their publication ,
as he had none of the article in ques
tion. It is impracticable that it should
bo otherwise, and better all around that
the deliverances of this journal should
be taken as its own and at the
weight which it gives them without ad-
tition from official ..position. The In
telligencer does not take kindly to
the office of an official organ, even of the
chairman of its party organization and
he has no need of one since he is in posi
tion to say what he has occasion to say
to the public and the party over his sig
nature and with his own mouth, as it
should be and is said. We do not know
what the views of our associate are upon
tbe matters which come up for daily
discussion in our columns and we express
our own ; for which he must not be held
responsible.
Tue assessor-general, when funds are to
be raised, and the almoner-general when
political alms are to be dispensed is the
titles given to the notorious blackmailer,
Jay llubbell, by the New York Times, the
ablest Republican paper of tho country.
The Pmladclphia Press would like to
unload Cameron and still keep the Repub
lican organization iutact. Just at present
it looks as though the great straddling
organ in this proposal has overtaxed its
powers to keep on both sides of Uie
fence.
10 day tne people oi ueorgia elect a
governor and state Legislature. Alexan
der II. Stephens is tho Democratic nomi
nee for governor. His opponeut, General
Lucius J. Gartrell, is runuitig as a Repub
Kcau Gtecnbacker. Tho campaign has
been a listless one, a Democratic triumph
being conceded.
A Young lady who is goiug to some
sort of fancy dress party wishes a name
for her character, " something," she
writes, "that will suggest somebody in
novels ; not at all stupid, but still exceed
ingly proper." As good a name as any,
meeting both ideas, would be Topsoy
Turveydrop.
" A wisk economy must be enforced in
the public expense Profuse expenditure
by government is not only burdensomo in
itself, but generates in officials a spirit of
profligacy which permeates even private
life. Extravagance breeds extravagance.
Every useless expenditure creates an ex
cuse, if it does not cause a necessity, for
further waste." From Pallison's Common
wealth Club speech.
PERSONAL.
IIjstoman Banckoft celebrated his
eighty-third birthday at Newport yester
day. Edwin Arnold's face is described as
"intense," and his manners as unaffect
ed. Roisekt Ckockktt, grandsou of old
Davy Crockett, is publishing a paper in
DeWitt, Ark.
It. B. IIayiss is sixty years old to-day,
and President. Arthur will bo fifty-two
years old to morrow.
Sioxoit Pasqualu Favaltj, of Naples,
lately deceased, left 10,000 fraucs to the
city of London to form a fund from which
marriage portions of 300 francs each aro
to bo paid to gills botwen tho ages of six
teen and twenty-five.
Modjkska having arrived in Boston the
other day, in a cold, driving snow storm,
said to a friend : " If it wcro pleasant
to day, the first thing I should do would
be to drive out to Longfellow's grave."
oi:im At:i;i:iTS the nomination
Controller I'Attlson's Clerk, not Assessed
The Work of the Democracy at tlio
National capital.
Common Councilman John L. Grim was
Tuesday evening formally notified of his
nomination by the Democratic convention
for sheriff, aud signified his determination
to accept. The committee apoiutcd by the
convention called at Sir. Grim's residence
iu North Forty-first street, at 8 o'clock,
and read to him a letter announcing the
action of the convention and requesting an
early answer. Mr. Grim said that his
written reply would bo ready Wednesday
or Thursday. After his interview with
the committee, Caudidate Grim for the
first timo definitely announced his posi
tion. " Yes," he said to a reporter, "I
shall accept the nomination, and any spec
ulation to the contrary is now quito out of
the question."
Z'attlsoii'sClorks Not Assessed.
A published statement to the effect that
all tho clerks in Controller Pattison's office
had been assessed fifty dollars a piece for
elect ion purposes is pronounced by Con
tiollor Pi'Jtison utterly laise. The clerks
in his office, he said, had not been assessed,
and furthermore ho wotiM not allow any
committee or individtu'J to make any
assessment in his department.
Democratic Activity at Tlio Capital.
At Washington it is comment
ed upon that the Democratic congres
sional committee begin to display unusual
signs of activity. Up till quite recently
nothing seemed Jo be doing and there was
uo money to do anything with. Tho
scene is now changed, tho headquarter:,
being filled with documents and these be
ing rapidly mailed by a number of clerks.
The document most extensively circulated
is the speech of lieprei-entativo Hewitt, of
New York, on the taiilr". Tho recent ad
vices from Ohio, Pennsylvania, New York
and Iudiaa are of the most, micournging
character.
rK.A Ai::rs i.ixtli-- j-.i.i;ctkix.
A Clr.re Vote In New Castlr, With Democra
tic Successes Elsewhere.
Considerable interest was manifested in
the " Little Election " held in Delaware
on Tuesday, sis it is considered as having
a great influence upon the stale election
to be hold in November. The total vote
in Wilmington for assessor is 5,571. In
18S0, at the " Little Election," the Demo
prats had a majority of 18 for assessor and
tho Republicans had a majority of 118 on
tho total vote for iuspector. Tho result
yesterday shows a loss of 5 votes for
Democratic assessors and a gain of 248 on
the vote for Democratic inspectors.Hewson
E. Lanucn was elected assessor in the
Southern district by 015 Democratic ma
jority aud Francis D. Tallcy, Republican.
was elected in the xsorthcin district by
G33 majority, giving the Democrats a ma
jority of 13 on the total vote of assessor.
Tho Democrats elected eight or the seven
teen inspectors, giving tho Republicans a
majority of one in tho boaid of canvass for
mo rtovoruoor election, ua tho total vote
for inspectors the Democrats have a ma
jority of 130, a gain of 248 over a similar
contest iu 1880. New Ca&tlo county, out
side of tho city, gives tho Republicans a
majority of 25.
Tho returns from Sussex show that tho
Democrats have a majority of 125, Gam
boro, a Democratic hundred, usually giv
ing from 18 to 25 Democratic majority,
being yet to hear from. The four hun
dreds from Kent county gives a Democratic
majority of 217, lorving four hundreds to
hear from, which will probably increase
tho Democratic majority.
Lars Keward fur Outlaws.
Ac Chattanooga tho county court in
creased tho reward for tho Taylor brothers
who murdered Sheriff Cate and his chief
deputy two weeks ago, to 87,500, which
makes the total reward now outstanding
812,500. Tho stato will also increase it's
reward. The men are thought to be hid
ing iu the mountains 75 miles north off
Chattanooga.
THE LATEST NEWS.
A VATAI. DOKI VOVGtlT IK THE DABK'
Cambridge Graduates Settle a Dispute by
Kesort to Pistols One of tue Contes
tants Escapes Unhurt by Means
ot Ventriloquism.
A hostile meeting occurred last week
between two miners in the Pecos mining
company's camp, twenty miles north of
tho Mexican border. Tho duelists wcro
Georgo Hollenbeck and William Strattoo,
both of whom wero born in New York.
They were educated at Cambridge ; the
former graduated as a lawyer aud the lat
ter as a physician. They enlisted and
went through the war, serving in Colonel
Gordon's Ono Hundred and Forty-fourth
New York regiment. At the close of tho
war they returned homo, but finding pro
fessional pursuits too tamo for them tbey
concluded to go Wost. Before they left
home a difficulty arose between them
which was prevented from ending in
bloodshed by the interposition of mutual
friends.
Last week they met iu tho Pecos min
ing camp, aud determined to settle the old
quarrel. Accordingly arrangements were
consummated for a duel. They were to
fight with pistols in a dark room. Each
was to to announce ready, after wnich a
third party was to count three, wheu they
were to fire. The room was dark as
v:jpt. They went into it, and auuounced
ii-idy from opposite corners. " One, two,
three," and Stratton fired. Stratum fitcd
a second shot, but tho only response from
Hollenbeck, was a groan. Stratton, be
lieving ho had wounded Hollenbeck,
tired a third shot iu the direction of tho
groaning. Tho report of a pistol came
from a corner directly opposite from
where tho groau appeared to proceed and
Stratton fell. No more shots being ex
changed the miners opeucd the room and
entered. A light revealed tho fact that
Stratton had been killed, while Holen
beck was unhurt. Hollenbeck is a ven
triloquist, and on cutcriug the room, took
his stand in a diagonal corner from his ad
versary, and to make him believe ho was
in the opposite corner, throw his voice in
that quarter of tho room whore tho bullets
from lus adversary's pistol harmlessly
buried themselves in tho wall. It had
becu so long sinco they had seen each
other that Holleubeck's ventriloquism
had oirrircly escaped tho memory of
Stratton.
TU WON'T 11(JIIT.
The
ltritisli llrulser Uses ItacK on Ills
Backer. ;
Richard K. Fox was ready to post the
second installment of his htako on Tug
Wilson for Wilson's prize light with James
Elliott when he teceived the following dis
patch from Loudon : " Wilson not return
ing. Atkinson." This made Mr. Fox
mad. "I havo posted 8500" ho said
" with William McCoy, who is the stake
holder, and now 1 lose it and Elliott takes
it. To-day I was to havo posted 1,000
more. I rather think I won't. I hi ought
Wilson over here, paid him 850 a week all
tho time he was here and this is the re
sult." "Do you know why ho does not re
turn." " Well, you see, ho went homo with a
little pile of money and ho felt satisfied.
Ho don't caro how much ho embarrasses
his fiieudsas long as he is com for table.
The five thousand dollars that ho got out
of his meeting with Sullivan at tho Madi
son Squaro Garden was a big thiug for
him aud ho has probably started a public
house ou the other sido with it."
" Did you havo auy suspicion that ho
would play you falsa V
" When 1 went to Philadelphia to see
him off I began to have a suspicion. I otter
ed him 81,500 to stay in this country, but
he refused and promised faithfully to come
back. I put up tho money on him, aud
now you see whero I am, I havo never
heard a word from him since he left. He
owes money here and he'll never como
back. I havo been badly used by Wilson,
but I am going to bring an Euglish un
known to meet Sullivan. He is six feet
high, weighs 220 pounds and is twenty
five years old. Ho is a bigger man than
Sullivan."
A SKKIOUS liAIJ.KOAD At'UIUENT.
A Lightning Kxpres ami Pa-wcnsor Train
Collide Six Victims found.
The ligntning express train, which left
Hutchinson, Kan., for tho West at G:20
o'clock Sunday night, while going at tho
rate of 40 miles an hour, ran into passen
ger train number G, at Salem switch sta
tion, nine miles distant. Number six was
on tho side track waiting for the express
train to pass, but tho switch beiug mis
placed tho express ran iuto it, completely
dcmoli.diiui; both engines and both bag-
gago
had
man,
after
cars. The misplaced switch
been turned by a green brake-
who disappeared immediately
tho collision, but three houis
later gave himself up. Whea the eugiues
met there was a terrible crash aud both
engineers, the fireman aud a baggageman
were buried in the wreak, which soon
ignited from the casino (ires. The bodies
of thoso buried in the wreck were scarcely
recognizable when taken out. A road
carpenter, named Shafer, who was iu tho
baggage car and received serious injuries,
has since died, making six victims of the
accident. Tho bodies of tho'dead will ba
taken toTopeka and will bo escorted from
the station by a. procession composed of
the various societies of the city. All of
the victims except one, reside at Topeka,
and were much respected.
A JOLJtNAI.JSTJU IHSPUTK.
Second Trial of Mr. Keenan's Suit Against
xno Times "
Tho attention of Judge Thayer and a
jury was occupied for several hours iu
Philadelphia Tusday afternoon iu the sec
ond trial of tho suit brought and won iu
May against tho Times publishing company
by Henry F. Ivccuan, a former editor on
the Times. Mr. Kceuan's claim is for 810
increase per week during twenty five wcoks
in tho latter part of 1831. Ho allege? that
Mr. Frank McLaughlin had contracted
to pay him the increase. Thomas J. Diehl
acted as counsel for Mr. Kccnan, whilo
A. K. McClurc, with the assistance of
Messrs. Shakespeare aud Hoverin, con
ducted tho case ou behalf of tho 2'imes.
Mr. Kconau's case consisted of his own
testimony as to the giving of apromiso by
Mr, McLaughlin to pay tho increase cor
roborated by the deposition of Ueurv L.
Nelson, also a Times editor at that timo.
On the other sido Mr, McLaughlin denied
having made any such promise, and was
followed by Dr. Lambdiu, Mr. Lambert
and Charles Emory Smith, editor of tho
Press. Tho trial was enlivened by numer
ous tilts between Kecnan, Mr. Diehl aud
Colonel MeCluro.
Occurrences ot Crime and Calamity.
A man named Diunard was shot dead
whilo asleep iu a camp, about thirty miles
from San Antouia, Texas, ou Monday, and
' his companion, Campbell, escaped amid
a shower of bullets."
E. G. Brone, general manager of Colouol
Brono's plantation, near Pino Bluff, Ark.,
was shot dead by S. B. Barksdalo, on
Sunday last.
Louisa Gramlich was shot and mortally
wounded by her brother-in-law, Osceola
R. Johu, in a family quarrel at Dayton,
Ohio, ou Tuesday afternoon.
Buttle Graves, colored, was yesterday
shot dead by Silas Ivey, colored, for si
gambling debt of twenty-live cents, in
Macon, Georgia. Ivoy escaped.
G. W, Wilson war. shot dead by his
brother Adam near Sat: Antonio, Texas
on Sunday, in a quarrel about hi r..o land
It is now said that Dr. W. II. Trow
bridgo, who waB found dead in a building
in Stamford, Connecticut, on Monday,
" fell from the top, where he had gone to
view the comet.
The body of a well dressed, good-looking
young woman was found in a ditch near
Loretto, Quebec, on Monday. From papers
found upon her she is supposed to have
been Louisa Holsington, from Toronto. In
her pocket was a ticket for a passage to
England in the steamer Circassian, which
sailed on Sunday.
Fifty-five new cases of yellow fever aud
fivo deaths wcro reported yesterday in
Pensacola. This makes a total sinco the
beginning of the epidemic of 930 cases and
02 deaths.
An unusually heavy tain has prevailed
in California for the last 43 hours. At
Stockton there was a high wind, which
blew down trees and damaged buildings.
The passenger depot and freight house
ot the New York aud New Haven railroad
at Fairfield, Conn., wcie burned yester
day, with a considerable amount of freight.
The fire was caused by sparks from a pass
ing train.
A Statesman's Tribulations.
Pittsburgh Leader.
"Peering into futurity," said Mr. Blaine
to himself the other night, as he put his
pontoons up on tho marble mantle-piece,
and listened to tho wind roaring around
the house, "Ifeel like Patrick Henry,
aud know of no lamp by which my feet
may be guided, except tho lamp of experi
ence. I know of no way of judging of the
future but by the past, and judging by tho
past I would give $10 if I could kuock the
Mahone prop from under the administra
tion. As to the presidency in 1884, 1."
Hero Mrs. Blaiuo yelled : "Jim go down
to tho cellar, and bring up a bucket of
coal." And with a weary sigh the great
statesman humped himself for tho coal,
and his political reflections were cut short
for the timo being.
TnroMethntlist l'apers Consoliilale.1.
The Christian Advocate, tho organ of
tho Methodist Episcopal church, and the
Methodist, a newspaper which obtained
considerable circulation and inllueuce
among the members of that denomination,
have been consolidated. The Methodist
was founded in 18G0, aud for a long time
was conducted by tho lato Rev. Dr. Geo.
Crooks. It always discussed church
quest ious with a great deal of freedom,
and was in some scuso considered as a
rival of tho Christian Adcoeate.
A Dug's Share In an Accident.
Tuesday morning tho wile of Colonel
William It. Murphy went to call upon
tho family of General G. W. Gilts, who
lives on the outskirts of Bordentown, N.
J.. As sho was ascending the high steps
that lead to the porch the Giles dog ran
agaiust Mrs. Murphy and knocked hor off
the steps. Roth of her arms were broken
just above the wrists.
Uuvernnr Spraguo Kcfcaletl.
At Providence, It. I., Hon. William
Spraguo was a candidate for the member
ship of the board of trade Tuesday. The
balloting resulted iu GG votes for to 59'
agaiust him, aud as a threc-fonith vote
was necessary he was not oleeted a member.
TMK AIUUNJSTKA'JL'IOX Willi'.
Some or lliw Jt:thieni-4 Which .llako Stal
warts. Tho statement from Richmond that
Frederick Douglass was about to take the
stump in Virginia for the straight out Re
publican ticket, although promptly denied
by him, is still going' tho rounds of the
press. No faith whatever was felt iu tho
statement, even before its denial by Mr.
Douglass. Mr. Douglass holds a lucra
tive Federal office in the district, and no
matter what his private opinions may bo,
ho is too much of a politician to lly iu the
face of an administration which in its in
terference in state affairs has prostituted
its power and patronago to an extent
which no preceding administration, not
even that of Grant, bad tho hardihood to
essay. The wholu federal patrouago of
Virginia had been placed at the disposal
of Mr. Mahone and tho cold shoulder
turned to Republicans in that stato who
wero the thickest in the battle for their
party at the timo when ho was the bitter
est and most hidebound of " Bourbons."
An order has just been issued from the
postoflicc department dismissing a num
ber of postmasters in Virginia, and it is
officially stated that they aro removed at
tho request of Senator Mahone. One of
these dismissed postmasters is a woman,
which shows to what length of vengeance
the founder of J he partv which falselv
aud impudently ciaiuis freedom of opinion
as one of its corner-stones will go to pun
ish thoso who venture to oppose
his pestilent doctrines. More than three
fourths of the government employes
iu Washington think in their hearts
that this Virginia alliance which the ad
ministration has made is degrading and
disgraceful to tho Republican party, yet
such Is the terror exercised over opinion
that they scaiccly daro whisper their sen
timents ; therefore it goes without saying
that uo ono imagiued for ono moment
that Mr. Douglass or any other federal
office-holder who was not prepared to sur
render his place would venture to express
an independent opinion ou what is without
exception the greatest monstrosity ever
known in American politics.
The president has also given to that
wing of tho Republican p.irfy which is in
the coalition movement in North Carolina
tho power to dispense the federal patrou
ago in thar. stale, anl recently eight North
Carolina postmasters wero removed for
opposing the coalition movement. Unlike
tho unholy alliance iu Virginia, tho North
Carolina coalition movement has some re
deeming elemcuts iu it, but it is not apt to
amount to much. Glowing accounts of
its prospects have recently been sent to
Washington, but several of tho most sa
gacious Republicans in the stato say the
facts an: not as alleged, and that the
regular Democratic ticket will triumph, as
usual.
CUltriS AUA1N.ST KOLtiKK.
A Shnrt Hut Incisive I.ctler from the I'.'tlitor
ot Harper's Weekly.
Geoigc William Curtis, tho prominent
civil service reformer and editor of liar
liter' a Weekly, has written a letter to Win.
Potts, secretary of tho Now York Civil
Service reform association, saying :
"I have to day returned from a ruu into
Vermont, and I hasten to answer your
astonished and astonishing inquiry, which
i nave just received whether 1 ad
vise Republicans to vote for Judge
Folgcr, by saying in the most em
phatic manner thai I do not ad
vise, havo not advised and shall not ad
vise a courso so totally repugnant to all
my political convictious of my sense of
public duty. Tho advice in Harper's
Weekly to which you ailudo was not tnino
and was published hurriedly, with the
press waiting, in myabscuco and without
. -i -si
my Kuowicuge. .jutigo jvoigera aouity
and character aro not iu question, but his
nomination is. That nomination was pro
cured by tho combined power of fraud
and patronage, and to support it at the
polls would bo to acquiesco iu fraud
and patronago as legitimate forces in
a nominating convention. Every good
citizen is bound to resist to tho utmost
such a wrong to free institutions, and the
only effectual way iu which tho voters-can
emancipate themselves from tho corrupt
and debasing rule of a machine is to de
feat its candidates. This, I beliovo, will
bo done decisively by tho Republican
voters of New York and Pennsylvania at
tho election of this autumn. They will
sec their party defeated rather than fraud
and corruption of patronago triumphant.
Events in both states show that no graver
political peril now confronts the country
than tho complete subjugation of party by
unscrupulous cabals, which biibo with
publij juiploymcnt and pay their way by
filching from the public treasury. This is
an evil which will end in violence unless it
is conclusively robuked by the people at
tho polls."
IN FANCY DRESS.
Tbe Assembly at Marietta Last Night.
One of those pleasant events for which
the town of Marietta has become justly
famous occurred there last evening, wheu
the fancy dress assembly was given
in Central hall, under the auspices of a
committee of gentlemen who have for
somo timo beeu identified with the social
festivities of tho lively little borough ou
the Susquehanna. It is probable that in
tho previous history of tho place there has
beeu no similar occurronoa that has sur
passed iu brilliaucy and thorough enjoy
ment tho event that last night quickened
the social life of the immediate locality in
which it took place, and the extent aud in
llueuce of which was made manifest by
the presence of a numbor of guests
from beyond tho county limits. This city
furnished a complement of somo twenty
of her iaircst daughters and bravest sous.
Tho sceno ou the floor of tho hall at nine
o'clock was ono of extreme beauty and
animation, which increased as tho moments
freighted with pleasure sped rapidly by to
the music of tho daueo. At tho hour in
dicated tho grand march began, and to the
observer it constituted a spectacle to bo
long remembered by reasou of its attrac
tiveness aud novelty. All tho prome
nadcrs wcie in fancy costume, aud wheu
later ou an occasional dress coat made its
appearance upon the floor it seemed but to
contribute to the gcueral effect iu a way
that increased the variety aud spirit of tho
.sceno. The costumes were almost uni
formly of bright color and uovel design,
and the eye of th.- observer was not
wearied by the appt-arauco of samoucss
so customary ou occasions of this
kind. Poet mingled with peasant, royalty
glittered beside the blight hues of tho
bourgeois, and the queenly beauty aud
.stately grace of the anckmt court shone iu
ready contrast with tho no less equal
charms of a modern eta. There was tho
little sbcphtndcss, who couldn't bo des
cribed otherwise thau " cuuuiug ;" tho
vivandiere, who in military garb aud
jaunty graco was utterly distracting ; tho
merry huntress attired iu dress of her own
woodland hue aud with all tho accoutre
ments of the chase, fot med a conspicuous
aud most attractive figure on tho floor ;
whilo the blight eyed archer with
quiver slung behind her sot tho
hearts of the young fellows pitty-patting ;
the testhetic drapery of the renaissance set
off the shapely grace of a transcendental
beauty; the golden stars pinned back
Night's sombre curtains and shed a mellow
radiance upon tho scene, while coronals
glittered on beauty's blow and jewels
flashed and sparkled at the throats, on the
arms aud hands of their lovely owners.
The young gentlemen, as though spurred
by the dazzling charms of the gentler sex,
fairly outvied each other in tho richness,
variety and general good tasto of their
dressing, anil their mauly beauty gave to
tho unusual seuuu a completeness aud
rounded effect that could scarce
fail to answer the require
ments of tho most exacting taste. No
wonder v;s it then that timo flew
unheeded by, aud that tho little hours had
begun to Intho:i ere tho last of tho
dancers had departed frcni tho place of
festivity. Of course the music was by
Taylor ho and bis excellent orchestra aro
considered indispensable adjuncts to the
success of an occasion of this kind
and of course the sensuous sym
phonies of tho waltz, aud tho moio
lncastncd movements of tho quadrille
wero Hir excellence. It was in all
respects a delightful occasion, in the con
templatiou of which tho participants as
well as tho management may congratulate
themselves. To Messrs. Simon B. Cam
eron, George Gilbert Cameron, 1). Braiu
ard Case aud David R. Mehatlcy, the
managing committee, is due the credit of
promoting the affair, and to tho same gen
tlemen aud tho young ladies whose
names appear upon tho reception commit
too belongs all praiso for carrying it
through to such a successful termination.
In llusiness iu California.
Wm. John Coyle, a son of the iate
Patrick Coyle, and brother of Policeman
Coyle, of this city, who went to California
several years ago, has established himself
in business iu Sutter Creek, Amador
county, California, ho having purchased a
hair interest in the louudry and machine
shops of Iviiigbt & Co., manufacturers of
steam engines, quartz mills,iroti and brass
castings, &c. From a private letter wo
learn that the shop occupies as much
ground or a little more than Harbergcr's,
on Chestnut street, this city, and is finely
Mocked with machinery. Tho works in
clude a moulding shop with two cupolas,
a pattern shop, a pipe shop, blacksmith
shop, &c, with thrco teams for hauling
and delivering work. The business was
started seven years ago and has a trade
fiom all iurfk n" the Paeilic coast. Tho
many friends of ' .lack " Coyle, as ho was
familiarly called iu this city, will be
pleased to hear of his good fortune
Ammlc.iu MechstnicV Fulr.
Tin f:iir of Concstoga Council No. 2:2,
Jr.. O. U. A. M.. will eommenco on the
evening of the 11th insl. aud contiuuo till
tho night of the 23rd. Tho followiug will
bo contested for and given to tho ono re
ceiving tho highest number of votes : An
organ, violin, hiss drum and cymbals,
tenor drum, policemen's revolver couch,
two guns, wax cross, boxing gloves, moul
der's tools, stereoiyper's tools, silver
watch, ladies' gold watch, alarm clojk,
baujo, Junior badge, parlor stovo and sew
ing machine ; aud to bo chauced for, a
silk hat, box of cigars, ton of coal, corner
brackets, piece of muslin, two clothes
wringers, oil punting, large doll and a set
of weaver's tools. Any person desirous
of contesting for auy of tho above articles
or any other they may wish, can bo accom
modated by coufering with tho secretary
of tho fair.
iTATAL ACClUENr.
A Farmer Killed by tlio Cars.
About 7 o'clock last evening tho second
section of day express struck and killed
John Scott, who resided just outside of
Coatesville. The accident occurred about
200 yards west of the residence of
tho deceased and tbe body was taken
to his honso and given iu charge of his
two sons, John and Amos. It is believed
that the man had been drugged and rob
bed. Ycsterda y morning he started for
Philadelphia to collect money. Ho re
ceived tho money and returned to Coatcs
villo on Uarrisburg accommodation. When
found ho bad but oue dollar on his per
son. Uo was over SO years of age and a
well-to do farmer.
TWO HOYS ANIJ A UUN.
One of Thoiu ltadly Irjurcri.
On Sunday, a son of Daniel Haley, who
resides .near Camargo was playing with a
boy named lugrau. ilaley bad a gun
which iu some way was discharged, the
contents striking young Ingraff, wounding
bim so badly that no may die. Last night
three physicians hold a consultation over
tho case. It is not known whothcr the
shooting was accidental or not.
Mayor's court.
This morning the mayor had four cases.
Two drunks and a rag were discharged.
One drunk, a young clerk from tho coun
try, who was very impudent to the officers,
was sent to jail for 5 days, ho having no
money to pay costs.
Chestnuts.
Tho first chestnuts made their appear
ance on the market this morning and wero
sold at 25 cents per quart.
COLUMBIA NEWS.
:U1C KEGULAK CUUKESFONUCNCK
.Brents vA1obc the Hosqaehanna Items of
Interest la and Around tho ltoroogb
l'lcked Up by the Intelli
peacer's Reporter
A large number of pjrsous wout to tho
York fair to-day.
Two ministers indulged iu a wordy war
about babtism ou Locust street, yester
day. The roof of the Columbia rail works
took tiro Monday morning.
Ford's opera company gave an admira
ble rendition of "Tho Merry War," last
evening.
Esmeralda will bo hero this evening, and
Minnie Hall's variety combination ou tho
10th.
Tho Rev. Mr. Reed will preach iu St.
John's Lutheran church this evening.
Bill Turner, a colored man, escaped
from the lockup yesterday in the usual
way by reaching over tho top of tho cor
ridor door and securing tho key which is
always kept there.
John Welsh is lying seriously ill at his
homo.
Tho water iu tho caual is so clear that
tho bottom is plainly visible.
Mr. G. W. Rurutiioisol, Harry Nolto,
aud Harry S. Hummel havo been appoint
ed a committer of Ocoola Tribo No. 11,
I.O. R. M., to convey tho thauks of tbo
tribe to Mr. A. M. Wilson, superintendent
of tho R. & C. R. R., for his kindness to
tho tribo in furnishing fioo transportation
to the funeral of the late Jaaob Kaufftnan
at Cordelia, Monday afternoon ; to Mr.
John Wilson, R. & C. R. R, dispatcher at
this place, for his kinduess in assuming
chargo of tbo cars and oxtoudiug to tbo
tribe every attention possible.
Sixty-six persons of this place have had
writs of fieri facias served upon them by
tho sheriff and his deputy in default oi
payment of tho lato assessment made upon
tho policyholders of tho bankrupt Lycom
ing insurauco company, in settling up tho
affairs of that company.
FAL.3K ntrTENCE.
A uraveyard losuranea Company Suo4 for
Fraud.
Alfred Slouaker has made complaint of
false pretense agaiust tho Fidelity Benefi
cial society of Elizabetbtown. Slouaker
it appears, took out a 81,000 policy on the
life of an old woman named Mary Fitzgor
crald. Tho company being run ou the
' mutual" plan, each member was assess
ed a certain sum wheu any of tho insured
died. In this way Slouaker paid over to
the company from time to timo sums ag
gregating about 870. During February,
1881, ho received from .tho secretary,
Mr. Haekenberger, a notice that
another assessment of 83 was . want
ed, and that that sum would
be sufficient to pay all losses sustained by
tho compauy iu tho class in which ho
held au insurance. Slonaker became a
little suspicious that the company's way
of doing businoss watm't quite square.and
he called personally on tho secretary to
make inquiries. He was assured that
everything was right. Iu December, 1SS1,
Mrs. Fitzgerald died, and Slouaker pre
pared tho necessary proofs, in expectation
of getting tho 81,000 insurauco. He was
taken quito aback, howovcr, in receiving
from the secretary of the company iu
April a statement that ho was only
entitled to 810, instead of $1,000 !
At the time tho secretary noti
fied Slouaker that 85 assessment
ou each member would pay
all the losses, there were fifteen dead
members whose accounts had not been
adjusted, and to havo paid theso $15,000
by $5 assessments won'd havo required a
membership of o,000, whereas, tho com
pany, it is said did not have one tenth of
that number. After reflecting over the
matter for some mouths, Slouaker brought
suit as abovo stated, aud the caso will be
heard by Alderman Barr.
L.1TTL.K LOCALS.
Uere and There and Everywhere.
Mis. Michael McCullon foil from a
grape arbor whilo picking peaches yester
day afternoon, broke her forearm and sus
tained a number of severe bruises and cuts
about the head and face. Mrs. Stockman,
of Wost Oraugo street, slipped ou the
pavement in tho yard of her residence aud
sprained her ankle. Dm. Boyd and Mc
Cormick attended both cases.
Alderman McConomy hold John Brim
mer and Johu Utzitiger of Middle street,
iu bail for trial at court ou chargo of ma
liciously throwiug largo iron pipo iuto tho
city reservoir.
Wm. Schult.J, John A. Suydor, Clay
Miller and Joshua Campbell caught 71
fish at Safe Harbor yesterday. U5 of
them wero bass. AmusSourbcer had the
party in charge.
Whilo cutting fodder at Stumptowu,
Harry Myers, of the Sth ward, severely
lacerated one of his hands.
Auctioneer Gundaker sold at William
Balz's hotel, the one-story brick building
aud lot attached, No. 511 West King street
to Mrs. Conrad Mossor, for 8005 ; aud
auctioneer Hess sold at Millcrsvillc, for
tho estate of Christian Snyder, deceased,
two acres of land with improvements, in
that village, to Jacob Eislemou for 81,228.
Tho Lancaster county medical society
is iu bessiou to-day in G. A. It. hall.
TUE F1KLLMNUS.
Their Appearance Last Evening
Tho Fielding specialty aud dramatic
company, under the management of John
Fielding, appeared in the opera hoiiko last
night to an audienco which did not half fill
the house. Tho first part of tho enter
tainment consisted of a specialty perform
ance, opening with Keating and Flynit,
two very fino song and dance men, who re
ceived almost a half dozen encores. Madge
Aiston, a clever serio comic and jig dancer
followed. John and Maggie Fielding,
sketch artists, who havo au envia
ble reputation, appeared in their new
sketch of "Johu Z. Beck" giving tho
greatest satisfaction. Tho Wiustauley
brothers closed tho first act with a musical
act in which they played on a number of
instruments aud gavo an excellent faucy
clog dance. Tho entertainment closed
with the drama entitled " Falso Friend
ship " which is " Eviction " under a new
name The characters of Jlooney and
Dermot McMaJion were taken by Charles
Frew andGus Reynolds, two real Irishmen
who aro good actors. Frew has a
very rich brogue both on and off tbe
stage and his mako up was very good.
The support was good and tbe play gave
satisfaction.
l'roposals for I'alntlng.
The directors of the poor to-day received
proposals for tho painting of the repaired
hospital building, tho conditions of tho
bid being that the workmen shall board
themselves. Stevens & Hubcr, 81.75 per
day ; Edward Bookmyer, $1.65 ; Edwin
Bateman, 2.20 ; C. Maginnis, $1.75 ;
Keen & Brimmer, $1.G2 ; A. W. Nolte.
$1.75 : Phillips & Urban, $1.82 ; It. F.
Bowman & Bro., $1.70 ; John F. Long.
82. Tho contract was awarded to Keen &
Brimmer, they being tho lowest bidders.
Ford's upera Company Arrives.
Chas. E. Ford's English opera company
arrived in Lancaster this morning. They
aro a good looking set of young ladies and
gentlemen, and this evening1 will sing
Strauss new opera of " The Merry War"
at Fulton opera house. Thoy created a
very favorable impression in Columbia last
night. Miss Blanche Chapman and Miss
Mario Bockel, old favorites, are registered
at the Stevens house and others well
known and popular are at other hotels.
fOLIl'KMtK'.s INCKEASKI FAT.
The ilesolatlon Malting the Increase Ke
Cariled Legal.
For aome time past there has been a
good deal of talk on tho Mrocts and also
in the newspapers relating to the pay of
iHdicemeu, aud good deal that has been
said and printed is at variauce with the
facts, which may bo bummed up as fol
lows: When the policemen found that
their bills wore hviog closely scrutinized by
tho county auditors" and that "their fees
wcro being grratly reduced in conse
quence, they petitioned councils to in
crease their sal.uies. Councils thereupon
passed the following resolution at the
September meeting :
" Itesolcid, By the beleet aud common
councils of the oit.y of Laucaster, that
from and after the 1st day of August, 1882,
tho police foice of tho city of Lancaster
shall be paid each fifty dollars ($50) per
month for their services except, tho chief
of said force, who shall bo paid sixty dol
lars ($C0) per iii-mtb. payable monthly."
The resolution was approved by tlio
mayor, and tho poiieemen made out bills
for tbe back pay a;nl increased pay duo
them uuder the it-solution.
The tiuanee committee declined to ap
prove tho bills on the ground that the con
stitution of Pennsylvania provides, Art. J,
Sec. 13, that " no law shall extend the
term of auy public officer or increase or
diminish bis salary or emoluments after
his election or apjointiuont." And the
act of Assembly ur ,197-1 proviika (P. L.,
2o2, Sec. 5) that "no ordinance shall be
passed, except by a two-thirds vol? of
both councils ami approved by tho mayor,
giving any compensation to any public
officer," &c , " without previous authority
of law." Fay nieut was also refused ou tbo
ground that the appropriation mado for
police purposes was insufficient to meet
tho proposed increase' of pay.
The policemeu employed J. Hay Brown,
esq , to push their cato aud that gentle
man, called attention to tho case of Wm.
Baldwin vs. tbe city of Philadelphia, de
cided by tbe supremo court. Jailge Pax
sou, who delivered tho opinion oi the
coutt, said : '-' We need uot discuss
tho question whether tho plaintiff
is a pnblio officer, as it is not
essentially involved iu the case.
Tho error into which the learned judge
below Judge Ludlow inadvertently fell
was in applying the abovo section of tho
constitution to this case. The language of
that instrument is : 'No law shall in
crease or diminish his salary' &c. Tbe
word Maw' lias a Gxed,-and dcliuito mean
ing. In its general seuso it implies 'a
rulo of action ;' in tho particular sense in
which we are now considering it, it means
i a rule of civil conduct prescribed by the
supreme power of the stato, commanding
what is right aud prohibiting that which
is wrong.' (IJIackstmc.)
"A law is an omeuatiou'frotn tlio su
preme power aud cannot originate else
where. It is a rule which every citizen of
tho state is bound to obey.
"Tho ordinance of councils by which the
plaintiffs' salary was increased, was not a
.law, and therefore does not, oome. within
the constitutional prohibitidn. It' is a
mere local regulation for the city or
Philadelphia. It has, perhaps, tho force
ot law in the community to be effected by
it, bnt it is not prescribed, byitbo supremo
power it concerns ouly a subdivision of
the state and does not rise to- tbe dignity
of a law.
"Judgment reversed aud judgmont en
tered in favor of the plaintiffs."
Sinee the above was in type, the follow
ing opinion if the city solicitor has been
giveu :
Tho Clly Solicitor's Opinion.
Lancaster, Oct. 4th, 1882.
To lite Finance Committee of the City of
Lancaster :
Gknti.kmkn Your inquiry is whether
or no the resolution passed by councils at
tlio last meeting increasing tlio pay of the
if tli
with-
police to $.10 per month commencing
August 1st, is legal.
I am of opinion tbat the act of May 2'M
1873, pamphlet laws 232 is sufficiently
comprehensive to prohibit extra compen
sation for services rendered prior to the
passage of the resolution, unless by a two
third vote of both branches aud the ap
proval of tho mayor thereto.
At first glance the 'resolution seemed
to me to bo iu conflict with the constitu
tion and therefore, invalid ; but further
investigation has convinced mo to the
contrary. The constitution (article 2, sec
tion 1:5, (provides that, "no law shall extend
thn term of any public officer or increase or
diminish his salary or emoluments after
his election or appointment." That po
liccmen aro public officers has lately
been decided by tho supreme court
of this state, in borough of Nor
ristown vs. Fitzpatrick. 13 Nov.
121, and il therefore seemed a natural so
qneiice that these salaries could not lie in
creased during the term of their appoint
ment. But a closer examination shows
that the tin uiug point in the case is not
whether they aro phblic'njjlcer, but whether
au ordinauen or ic?oliition ot a mtiuiciial
corporation is a lixo within tho meaning
of tbe above s-tetioii. Iu Baldwin vs. city
of Philadelphia ( 10 W. N. C.
553 ) the court says that au or
dinance is uot a law, aud that
salaries ran therefore be increased by
ordinance without violating the constitu
tion. The ease was almost similar to tho
prcseut one. Tbo salary of Baldwin, chief
commissioner of highways, was increased
during bis term of office from $3,000 to
$-1,500. Controller Pattison reus ted pay
ment of the increase with the same objec
tions made in this case. Suit was there
upon brought against the city and the in
crease rrcovi'M'd. Of course, if the sala
ries can be increased by ordinance they
undoubtedly can be by resolution in.
pursuance of an ordinance.
A second objection is mailo that the ap
propriation is not sufficient to cover this
increase. The act of May 23, 1874, Sec. 7,
provides that "uo money shall be paid out
of tho city treasury except on appropria-
lions made by law." This objection, of
course, dot -s not k to tho validity of tbo
resolution, hut whenever the regular ap
propriation is exhausted fey reason of this
increase the mayor can draw ho warrants
until ftuther provision is made.
I am, respectfully, yours,
Chak. I. Lanims,
City Solicitor.
Tho policunuii, will not of course ask for
au increase of pay for tlie months of Au
gust and September, but will demand ami
no doubt receive the increase from the 1st
of October.
M V llrfs KKUOVEKEU.
The -Ihlef Landed la Jail.
Yesterday we noticed that a man with a
pair or mules iu lus possession, which
were supposed m be the ones stolen from
John Rowo, in Providence township, on
Suuday night, was arrested iu Pottstown.
Yesterday Al lermau Spurrier and Mr.
Rowe went over to Pottstown. Tho
latter identified tho mules, Tiiey returned
this morning bringing with them
the thief, who gives his uaiuo as
John Milville, and states that ho is a
resident of Wisconsin. Early on Monday
Mr. Rowe came to this city and informed
Alderman Spurrier in regard to tho miss
ing mules. Postals were scut out witu a
description of thorn. One of the cards
fell into tho hands of- two men
named Trout and Lemau, who reside
in Honeybrook, Chester county, on
Monday evening. They n meniberetl tint
a man with a pjirof mules had passed
through that piao during the day. They
started in putjuit and ovjito-ik the nt;Ui
near Pottsiuwu. They arrested him and
at once telegraphed to this city.
Melville acknowledges that he stole the
mules, but he will not talk much. Ho is
about 55 years of ago, and in not a bad
looking man. The mules were sent home
by pike in charge of a man.
V