Senate he made up his mind that he would "return to private life for good and ever," and he still remains of that mind. While the Democratic party of the whole country will re gret this determination of its ablest leader, in whose public record they en-, tertain a just pride, they will fie grati fied in the assurance he gives that he "will still take a deep interest in poli tics" and do his "best for the success of the Democratic party." The coun sel and advice of Mr. Thurman and the influence of his great name will lie no inconsiderable factor in the on ward march of the Democracy to its final triumph over the jmlitical des peradoes who by fraud and purchase have now possession of the Govern ment. v PUEHIDKNT GAUKIKI.D ha* freed his mind to a Republican delegation of Virginians, composed of whites and blacks, headed by Gen. Wickham and Congressman Jorgensen and Dez eldorf, to protest against the proposed coalition of Readjusters and Republi cans. The delegation represented their party as nearly equal 'o the De mocracy in numbers and nearly three times greater than the readjustees; that a coalition would only be advan tageous to the readjusters ; that this advantage would be more than off-set by defection of the straight-out Re publicans who could not be induced to lend themselves to even an indirect approval of the principles of the pie bald party let! by Mahone. The President is reported as replying that he could not be induced to favor any party or people whose principles would militate against the public faith and credit; that it was for them, the Re publicans of Virginia, to decide whe ther or not, the readjusters were taint ed with repudiation, and if so they should not be supported. That it was his purpose to use his own judgment in making ap{feintments to office, ac cording to the capacity and character of the appliqpnt; that he was opposed to the " boss system " in politics and would not be controlled by or give the patronage of a State to any one man. It is now believed the President wjll not openly favor coalition, whatever encouragement he may .give to both parties to put in their best licks, sepa rate or combined, to defeat the De mocracy. His sympathies can always be relied on for any kind of mean or cowardly opposition if confronted by Democracy, which he hates next to Conkliug in intensity. In other words Garfield adroitly tries to straddle the issue. "EUUL AND KZ ACT JUSTICE TO ALL MKN, or WHATEVER STATU OK IKKMAMIO.V, HELIUIOUH OH POLITICAL. "-J.ff.nun A Foolish Voto. On tho 18th instant, ♦Gov. Hoyt filed in tho oflico of the Secretary of the Commonwealth his objections to the judicial apportionment hill. By this act of the Governor, the appor tionment of the State into judicial dis tricts required by the constitution and made by the legislature is defeated. There should be grave reasons to jus tify an executive in preventing a plain mandate of the Constitution ho has sworn to support from being obeyed. Let us examine the reasons given by the Governor in his veto message and see if they are either sound or suffi cient. The first and principal objection urged to the hill, is that it is uncon stitutional in this : that it makes sepa rate districts of I/ehanon, Green and Jefferson counties, neither of which, by the census of 1880, has 40,000 in habitants. A second objection is, that by the provisions of the hill Judge Henderson, the present Additional Law Judge of the 12th district, com posed of the counties of Dauphin and Lebanou, is assigned to the county of Lebanon where he does not want to go. The Governor says "very grave legal difficulties surround that propo sition." A third objection is, that the hill unnecessarily increases the num ber of judges, especially by providing an Additional Law Judge for each of the counties of Erie and Crawford. A fourth objection is, that the district composed of the counties of Adams and Fulton is not a "convenient" dis trict within the meaning of the con stitution. The first of these objections is tbe only serious one, and is sufficient to justify the executive veto, if well taken. No Governor should approve a hill which he is satisfied violates the constitution, and if this apportion ment bill was clearly unconstitutional it should not have been permitted to become a law. Hut does it violate the constitution in the particulars al leged by the Governor ? All legisla tive power of the commonwealth is conform] by the constitution upon the General Assembly. The apportioning the State into judicial districts is, in its very nature, a legislative act, and the power to do this act belongs of course to the legislature. The Supreme Court of the State has so often laid down the rule for construing the power of the legislature that it is now recognized as an elementary prin ciple. The rule is, that the legislature possesses all power, of a legislative character, that is not prohibited, eith er by express words or neee**ary im plications. Judge Hlack in 18o.'t, then Chief Justice of the Supreme Court, in the case of Sharpie** vt. The Mayor of I'hiladelphin, 21 I*. 8. R., states the rule as follows : "There is another rule which must govern us in casee like this ; namely, that we can declare an act of assembly void, only when it violates the constitu tion, elearly, palpably, plainly: and in such manner as to leave no >or hen tation on our minds." All the provision* of our constitu tion which limit or restrain the power of the legislature in making a judicial apportionment, which can effect this question, is found in section 5, Ar ticle 5, which is as follows : "Whenever a county shall contain forty thousand inhabitants It tkaU con stitute a separate judicial district, and shall elect one judge learned in the law > and the General Assembly shall provide (or additional judges, as the business of the said districts may require. Coun ties containing a population lees than is sufficient to constitute separate districts shall be formed into convenient single districts, or, if necessary, may be attach ed to contiguous districts as the General Assembly may provide. The office of associate judge, oot learned in the law, is abolished in counties forming sepa rate districts ; but the several associate judges in offloe when this Constitution shall be adopted shall serve for their unexpired terms." We submit to every intelligent read er, whether lawyer or layman, that this section contains no prohibition of the power of the legislature to make a separate judicial district of a county containing leas tbau forty thousand inhabitants that is so "dear, palpable BKLLEFONTK, PA., THURSDAY, .JUNE 2:t, 1881. and plain" as to leave no doubt or hesitation on his inind. Not only is there no express prohibition, but there is none by implication, whether <•!ar or otherwise. There is, however, one mandate, clearly, palpably and plain ly expressed, and that is, that the leg islature must make a separate district of every county which contains forty thousand inhabitants, without regard to the judgment of the legislature a to the necessity or propriety of such district. As to all other counties the judgment and discretion of the legis lature are left as uncontrolled as they were before the adoption of the now constitution. The General Assembly may and must exercise its judgment as to whether a county having less than forty thousand inhabitants should he made a separate district. If, in the judgment of the legislature, such a I county contains "a population less than is sufficient to constitute u sepa rate district," it, with other similar counties, shall he "formed into conve nient single districts." This is tho i clear, palpable and plain meaning of the constitution, and the legislature in no wise violated either its letter or spirit in the particulars alleged by the Governor. The apportionment hill of 1*74 made five separate districts of coun ties containing less than forty thou sand inhabitants each, to wit: Adams, Heaver, Delaware, Indiana, and Sus quehanna. And no one for these seven years has questioned their con stitutionality. Hut the Governor savs that apportionment was made under the 13th and not under the 14th sec tion of the schedule to the constitu tion, and therefore the legislature was authorizes! to gueee at the population of the counties and was not bound by the census of 1870, taken three years and a half before the apportionment. This is shcre nonsense. The 13th clause of the schedules docs not say a word about the legislature guessing or estimating the population of the coun ties, and neither it nor the following clause says one word as to the *i:r of the districts. They simply fix the lime when the apportionment* should be made; and in all cases they were to be made according to the Consti tution—that is under the fth Section of Article 5. If the bill just vetoed was unconstitutional l>ecause it made Green. Jefferson and sepa rate districts, the act of IM7 I was cer tainly unconstitutional for making Adams, Reaver, Delaware, Indiana and Susquehanna separate districts, and for seven years the judges of these five counties have been illegally and unconstitutionally usurping the power and jurisdiction of judges, and their official acts have all been null and void, including their sentences of prisoners to the penitentiary and the gallows. Hut this is not all. Hy the census of IHHO two of these counties, Adams and Heaver, arc each still un der forty thousand. If Gov. Hoyt honestly believes they cannot consti tutionally be separate districts lie should direct his Attorney General at once to commence proceedings by quo warranto against the judges of these counties and have them ousted from their offices, as was done by the asso ciate judges of Fayette county. It seems strange to an ordinary per son that the conscience of our Gover nor should be troubled on this qqes tion, when be seems so indifferent to the plain and unmistakable command* of the constitution. Section 14 of the schedule provides: "The Geoeral Assembly thall at the next succeeding session after each decennial census, and not ojlener, designate the several judicial districts as required by this constitution." This is a plain, simple and im|icra tive command. No two persous can honertly differ as to its meaning. The legislature mutt apportion the State into judicial districts at the first ses sion after each decennial census, and at no other timet. Gov. Hoyt took a solemn oath that he would "support, obey and defend," this, with all other maudatesof the constitution. He bus not only not done this, hut by this veto after tin- adjournment of the leg islature he lias made obedience to this command of the constitution imposi i hie. 1 lie constitution further provides that "whenever a county shall contain forty tliou-aml inhabitants it shall constitute a separate judicial district ami shall elect one judge learned in the law." There are ten counties in the State, namely: Blair, Butler, Cambria, Clarion, Clearfield, Dau phin, Fayette, Franklin, MeKcan and 1 ioga, which have a population of over forty thousand each by the cen sus of 1880 and are not separate dis tricts by the act of I*7 I, hut arc now entitled by an unequivocal and positive ! provision of the constitution to he ' separate judicial districts, and were • all made such by the hill just vetoed, j Gov. Iloyt says these counties shall | not have the righLs so solemnly guar jan teed to them by the constitution, because, forsooth, the legislature in making these other counties separate I districts violated an imaginary pro hibition in the constitution. Our I worthy Governor seems to have that [icculiur kind of a conscience which causes him to reverence the provisions of the constitution in the exact ratio of their obscurity or doubtful exist ence. The plainer they are, the less iit weighs upon his conscience that | they should be obeyed, j No judicial ap|x>rtionmcnt can now [ lie constitutionally made until the (meeting of the legislature in 1891 : the "next session" after the next "de I eenniat cenus." It would lie even a | stretch of the constitution for this leg. I i-lature to make an apportionment at , a called session for that purpose ; for it would not tie the next session after | the decennial census. If the legislature had pawed an act, providing "that the county of Clear field with a population of 43,471, thall not constitute a separate judicial dis trict and fh>M not elect one judge ! learned in the law, hut the courts of said county shall le pre-ided over hv judges residing in Centre and Clinton j counties until the further pleasure of this legislature," probably even Gov. Hoyt would have admitted the ad to be unconstitutional; ami yet Gov. Govt has attempted to do by bis veto ju-t this thing; what the legislature j and Governor combined could not do. The complications, difficulties and I confusion which will result from this j inconsiderate and foolish act of the ; ( tovcrnor arc innumerable. Clearfield, i and the other counties named, are by the positive fiat of the constitution made separate and judicial districts. The of Associate Judge, not learned in the law, is abolished in such countio. The Supreme Court decided in the Fayette county case, that the abolition of this office ap plied to counties having forty thou sand inhabitants, although other coun ties were attached to it by the appor tionment. The term of the two asso ciates not learned in the law in Clear field county expires on January 1, HWI. Can the people elect successors to these judges, Not if the decision of the Supreme Court in the Fayette county case was right. Then Clear field county, although entitled under the constitution tobeaseparatedistrict, will he left without any resident judge, learned or not learned iu the law. Hut she may elect a judge learned in the law at the next election ; so the legislature provided, hut Gov. Hoyt says, no! she shall not. If Clearfield should at the next election exercise her constitutional right to "elect one judge learned in the law," no douhl Gov. Hoyt would refuse to commission him aud his title to the office would be in dispute. Hut who is judge or judges of Clearfield county in the meantime?" It is more than doubtful whether the President Judge of the 2- r )lh District, residing in Clinton, or the Additional Law Judge, residing in Centre, have any longer any juris- diction to bold courts in Clearfield since she has, under the constitution, become a separate district. All the conditions of the constitu tion have occurred. A decennial census bus been taken. ('h-arfield county has over forty thousand in habitants. The "next session" of the legislature lias been held, and that ( body has adjourned sine die. Can the omission of the legislature, or the puerile objections of the f iovernor, de prive the people of Clearfield, as well as the people of nine other counties, of their plainly guarantee d constitutional rights? If so the constitution is no longer the Suprcim l,aic of the laud. If the omission of the legislature to ; de-ignate the judicial districts, or the objections of the Governor to the act of the legi-lature, can deprive these I counties of their rights for one year, the same things may operate for five j years, for one decade or for five de cade- ; and so all the plain provisions {of the constitution he set at defiance, in order to satisfy the singular scru ples of U not over scrupulous Gov i crnor in reference to an imaginary provision of the constitution which j does not exist. We had intemh-d to refer in this article to the other objections to the hill made by tli- Governor, hut will have to defer '.his to another issue, when we will also reply to some of the wilful rnis representations and false statements |*--s latently made by the "Time* and other pa|ierK in and out of Philadelphia, on the subject of the judicial apportionment. IT appears that Secretary Wmdoni has discovered that the place held by Pitney, wbo was the official fund of the stealing; division of the Treasury Department—the chief of supplies under to glares aduiiutsliatioa—had no legal existence ; that h§ office was unprovided Mir by law and was a mere irra>p<*iiblo furrjshing adjunct to that dej/irttuent *> purchase and distribute /plunder to favored officials —such j|i horses, carriages, furniture, l arjK-u',overcoats/narged a* desk-cov er- 4\)xcr of candles under lunch bills, and all the appliances of luxurious otTicial hou-ekeeping in Washington, including barrels of bay rum and per fumery, sufficient to satisfy all the needs of the nio-t fastidious political tiLt<"s. These things l>eing now found to IK! outside of the rcquirments which the law provides as regulations of offi cial life aud duty, ritney's bureau has been pitched outside the depart ment with its irresponsible bead, to be followed doubtless by the remaining beneficiaries of the official larcenies. Hut what of the late chief of the freasury Department who permitted these irregularities and also charged, wrongfully we trust, of participation in them to some extent ? John .Sher man must he called to the eland to answer. IT is now said that Secretary Win j dom has weakened ! The disclosures of crookedness in the Treasury Dc i partment were leconiing too formid able—too sensational. Windom's nerv j ous system wa- not equal to the strain. He has therefore ordered the investi gation to stop. A few detections, mere ly to furnish excuse for making va cancies and rewarding impecunious favorites, would have been entirely satisfactory, but this avalanche of theft—this wholesale system of plun der was nwt intended for the public market- It must he arrested, and that too, at the critical and interesting point where the hay-rum barrels, the candle-boxes and the overcoats were to be supplemented from the ladies' division hy fTfrO seal-skin cloaks and diamonds, with house-furnishing to match. It was a rich field for hont inquiry, hut fraught with peril to Win dom's party. He wilted iogl.irioualy, but leaves to the public imagination the immense stores of villainy yet un covered. IT was certainly had taste in the late furnishing official of tha Treasury Department to purchase overcoats for desk covers. Tbey are unsuited for •Nil purposes and the official dask thus carelessly provided is certainly i u great need of a new tenant. 'I Kit MS : pfr Annum, in Advance. Btato Troanurer If the I)emoeratii would elect tb>ir candidate for Stale Treasurer thin fall they dare nominate no old hack, for HUCII a one would hurely be beaten. Let u have a bumnea* ritati of acknowl edged honeoty to lead the party. An ton Ary us. We endoree mot-t heartily the opin ion expre#ed in the above brief para graph. In connection with it we have received a letter miggetdiog the name of the Hon. Orange Noble, of Krie, aa a ami very comj**tent {tenon for the position. Mr. Noble \va- a prominent candidate for the nomina tion for Treasurer in 1 >*7•* and tdiould have been nominated at that time. Mr. Noble wan a member of the laK legislature, and to hi- groat cr lit an ! honor it can he said that be wa- al- ways on the side of true reform, al ways with the people and against rings and monopolies. From our knowl edge of Mr. Noble, we know him to be a pure Democrat, u busiuos man of large and practical experience, and one in every way compettnt to lead the party to success and to fill with honor to himself and credit to the peo ple the office of State Treasurer. While all this is true, it is not now within our power to lend our support to Mr. Noble. We have in our own county a candidate as competent to fill the position, of a* upright and ex cellent character, with as much prac tical business expericnoe cst evidence in the world that he would make an excel- I lent, competent and faithful State Treasurer. GEORGE C. GORIIAM, the Itcpubli '-an-il<-pixliatin candidate for Secre tary of the United States Senate pub lished a di-pntch in his pa|>er of Fri day la-t. promising startling develop ment* from the bribery investigation going on at Albany between the stal wart* ami half-breeds. He alleges thnt fact" will be di*closed which will result in the impeachment of Garfield. That's had for < tarfield !. Hut, alto gether these stalwart* and halt-breeds are a precious set. and a little im |)eachmcnt of some sort would not he amiss all around. But, it is no use to commence on Garfield. Impeach ment rolls off him like water from a duck's hack ! His political friends and partisans in Congress impeach ed him. His political friends and constituents at home impeached him, each charging him with crime that should hare ruined his reputation, and, yet, the Kepublioan party nomi nated and elected him to the highest ciril office in the world. The I)e Gol yer bribe and his participation in the Credit Mobelier swindle were as con clusively proven against him as any charges ever made against a public man, but in Republican estimation these crimes amounted to nothing, and .Tames A. Garfield was elevated to the Presidency over as sincere a patriot and as pure a man as was ever pre sented to the people for their suf frages. GKH. (JKAXT has got to the front. He is in Nee York io consultation with the stalwarts, and Kill the half breeda are in the held apparently un diamayod. The standing cash price for Representatives from die stalwart ranks, is §2,000 and for Senators, of flow by the score. Market brisk ' u .'id NO.