THE SCRANTON TRIBUNE THURSDAY MORNING, ' OCTOBER . 10, 1S93. Zfy cxanton ri6une Bally aa Weekly. No Bandar Kdtttoa. I lenntdo, by The Trtkane Pub- lauilfif ixmpny. Mew Tar OOot: TtlUnw Buualnc. Flank & uray. t. P. KINMBUIIV, Para, mi Mm. S. M. RISPLC, Seo-v Taus. LIVV S. RICHARD. Cam. W. W. DAVIS Buaiacae MaaMia. W. W. VOUMOS, An. Mua'a, WTCBU AT TBI KSTOniCM AT 8CRAMT0S. FA. Afl . tx-una8 hail uattib, frlntm" Ink," lb recofroiiwJ Journal tor advef idvn, ruttt Thb SchaWT TamuNK the 6fl arivertisin? nitsllum r Kortheatlwra Ivuuiaylre uU. "l'rlnivia' luk" knows. r Wbkkt.t Tmat-Nk, lamied Every Saturday, Coetaloa Twelve Hrtndwme ruffes, with an Ahua dance uf Nowm, Flctlou, an.1 Well-Kdlietl Mlrael lany. For Tliiioo Who Otnuot Take ma Duly TaiBKHK, the Weekly U KeromiueaUeil aa tiie Beat rlartiuln Uolag. Only ft a Year, ui Advance. tea Tsibcxk It 0r Sale Pally at the D., L. and W, tHatluu ut llubokan. SCRiAXTOX. OCTOUEIt 10. 1S93. Ufcl'l lil.UMN' STATE TICKET. I ir liu.ges of tho Superior Court: OH A Ult'S K KICK, of "Luiorne. ):. N. VI liLAUn. of Laokunnnria, HOWAKDJ 15KE1KR, of Northampton. JA.Ml'S A. I'.KAVKR, of Center. JOHN .1 Wlt'KHAM. of UKAVKR. UKOiiUK U. OHT-AHY. of Huntingdon. l or Mat) Ttcns'trer: BEXJASilX J. HAYWOOD, of Mercer. Ill I'l III il' .N COI NTY TICKET. Tor Coroner. SAMT'EI, I'. LONGSTREET. M. D of Soranton For Surveyor. EDMUNV A. DAUTL. of Scrantan. Election day. Nov. .5. What Ser.inton needs la a surface, r.ot an elevated, far fender. Vote Only for Six. Tn another column on this page ap pears a timely communication from t?x-Juds Alfred Hand concerning the cori.ntion which has been ralsod with r.'fetvnce to fhe constitutionality of the law creating 'the new Superior court. While Judge Hand does not seek to usurp th? authority of the Supreme cou.it. he plainly Inclines to the belief that the law Is valid as it stands: and that the overthrow of the clause limit ing to six ithe number of Judges of the Superior court belonging to the majori ty party would be a public misfortune Inasmuch as It would open the way to a court composed -wholly of members of a single political party a species of altra partisanship manifestly inconsist ent with good government. But for the present emergency, the most Important point In Judse Hand's letter is his explanation that the law must be considered valid exactly as It stands until the court of final resort shall have formally declared otherwise a declaration which, If made at all. Is not, In the Judge's opinion, likely to be rendered -hastily or without due consideration of the principles at Issue. So fa-r as the Xovember election is con cerned. It Is hln'hly Improbable that any action by the Supreme court will be made public In time to Invalidate the provision of the mooted net which de clares that no elector shall vote for more 'than six candidates for Judge of the Superior court. Hence any effort. In advance of such decision to cancel the law as It stands would clearly be untenable In principle as well as un eafe from the standpoint of expediency. We repeat, all the more confidently In view of the eminent sanction thus efforded. that the only safe course for the Individual voter to pursue In this matter is to obey the law In Its plain restriction of the number of. candidates to be voted for, and thus do away with any danger of having his ballot thrown out upon the around of Irregularity. This plan presents no difficulties. All the difficulties lie along the other sug gested pathway. Why should Republican Pennsylva nia, which 'Is raaily the hub In the union cf the states, with to remain In the 'back row at national nominating con ventions? 'W'hy rhould It not at last muster up courage to stand up for Its due? Natioral Financiering - A Contrast. The Democrats cannot reasonably find fault with their Republican oppon ents when they draw a contrast be tween the last three yeara of 'Benjamin Harrison's Republican administration and the first three yeara of Grover Cleveland's Democratic administration. Comparison Is legitimate In politics when facts and figures are fairly and honestly stated, and no honest man will state them otherwise. Here is contrast No. 1: During the last three years of Har rison's administration the public debt 'was reduced $244,824,660, or at the aver age rate of a little more than $31,000,000 a year. During the first three years of Cleveland's administration the national debt was Increased $106,467,390, or at the rate of $35,455,796 a year. The as tounding figures here presented cannot be disputed by the defenders of the Cleveland administration, for they are a matter of record as well as of history. Contrast (No. 2. During the last three years of the Harrison administration the aggregate surplus of revenues over expenditures was I98.S69.515, or at the rate of $32,956,505 a year. (During the first three years tf Cleveland's adminis tration the excess of expenditures over the receipts of the treasury was $120, 150,000, or at the rate of $40,500,000 a Tear. The facta and figures here pre sented are as irrefutable as are those with reference to debt decrease under Republican rule and debt Increase un der Democratic administration. If there were no1 issue Involving na tional policy to enter uvto the presiden tial campaign next year, the Republi cans might be content to fight that battle and make their appeal to' the American people on the sole basis of a contrast "between: the (Harrison and Cleveland administration in the mat ter of the national finances, and we feel certain such appeal would not be made in vain. The facts cannot be too plainly stated nor too frequently re peated. The Republican party reduced the public debt; the Democratic party increased It The Republican party showed a surplus every year it was In power; the Democratic party shows an enormous deficit for each year since the present administration came into existence. There could be no greater contrast than is here shown, but this is not all. During the entire term of President Harrison's administration the country enjoyed unparalleled prosperity, the Industries of the nation -were In full operation and the people were happy and contented. During the three years of Cleveland's administration the coun try has suffered from almost unpre cedented depression, the Industries have been languishing and the masses have been reduced to comparative pov erty and many thousands to actual dis tress. Few among the millions of Intelli gent people fall to see and understand the contrast between Republican and Democratic administration. Moreover the thinking portion of the American people know the cause for the change that came with 'Democratic rule. And what Is more to the point, they under stand the remedy. Democratic incom petency must give place to Republican wisdom .and statesmanship; Demo cratic policy must be replaced with Re publican policy. That Is the remedy; and It will be applied In the year of grace one thousand eight hundred and nlnety-slx. 'Senator Quay's assertion that he doesn't want to Ue president Is not meant as a hint that he will have no use for the next one. Why Not? After noting the remarkable length of the period during which the wealthy and Influential sta'te of Pennsylvania has ma.le no ?rlous effort to procure the nomination and election of one of her sons as president of the United States, the 'Philadelphia Times sug gestively observes: The present political conditions might be peculiarly favorable to the presentation of n Pennsylvania canilltdate if the Re publicans could be united, und there lire rumors that the name of Governor Hast liics miy be proposed. His unprecedented majority of last year gave him peculiar prominence timonir the leading men of the nation, ami If the factional differences now existing In the state could be recon ciled, he would doubtless be quite acccut nble to all the elements of the par'.v. With Iteeii, McKlnley, Harrison Rnd Alll Eon all contesting for the prlie, and neither nreferrlng any of the others us second rholre, the nomination of a strong epn.llil.ite from Pennsylvania might he wltrln the runw of pnsalhlHty. It could be done, however, only by harmonizing, and whether that Is possible Is an un solved problem. The serious proposition of Governor Hastings' name as Pennsylvania's can didate for the Republican presidential nomination ought not, In our Judg ment, to be regarded as an Improbable possibility. It is true that the governor was recently the central figure tn a factional struggle which ended with 'the nominal victory perching on the other tanner; but it Is not true that that de feat weakened his hold upon the respect and confidence of the citizens of Penn sylvania, or that his attitude since has been other than manly, brave and dig nified. Senator Quay Is doubtless as quick as any public man to appreciate the truth of these assertions, and to recognize the Importance of forestalling any possible future friction by the ex ercise of a policy of 'harmony and recon ciliation. That he would gain by such a course Is as certain as that the party at large would also gain, and with It, every cause for which that party stands. Governor Hastings' nomination for the presidency Is at all times to be borne in mind as one of the possibilities of the situation; and we might even say, with truthfulness, that It is not far outside ithe probabilities. lie is pre eminently a man for great emergen cies; a man whose character and merits grow with acquaintance; a man abso lutely honest and fearless. While he could, at his age, well wait for the fu ture to Introduce him In the arena of national polHIcs, it is by no means Improbable that the peculiar circum stances of the next few months will demand his early appearance among tha active competitors for the presi dential nomination. And should this occur, there will doubtless be extended to his candidacy the cordial and sincere support of every prominent Pennsylva nia Republican, with Senator Quay at their head. By a curious slip of the pen The Trib une yesterday spoke of Rllly Craig when of course it referred to Billy Burke. The error was apparent. But come to .think of It, we don't believe that Craig, either, is shedding many tears of sympathy for Collector Her ring. With Reference to Cameron. At about this time of year the reader of Democratic newspapers In Pennsyl vania may expect to encounter such paragraphs aa thla, which we take for purposes of illustration from the es teemed Philadelphia Record: "As usual, about this time, when no members of legislature are to be elscte'd, the public ear in assailed by a vtoler.it anti-Cameron cCaimor. As usual, next year, when R"pObilitn candidates for the legisla ture are to be nominated and elected, the clamor w!ll subside. The people of Pennsylvania have become quite fa miliar with the regular recurrence of theae political phenomena." It fa! unfortunate thalt the Inclination to hurl back these Bribes In the faces of the mockers who obtrude them is nega tived by the rctcolleotlon that, after all, the glrxfjare founded on fact. The Re publican party dn this state once swal lowed Cameron with scarcely a grrm ace, after vowltvg dn the name of all the god's that ft would never stomach him again; and it is a truism of force In the courts that what happens once may happen again. If .the Republicans of (Pennsylvania, while- convinced that they don't want Canveron as senator, nevertheless calm ly permit this re-eleotion, we shall not try very 'haird to make faces back at tihe Democratic brethren who make faces at us. The days of opportunity to be of real help to Cuba ewe rapidly gliding toy, yet the Washington administration sedu lously does nothing. If Mr. Cleveland had "been king of France during the American revolution, It is a safe guess that 'he would have curled his nose In contempt at the Yankee colonies. .The attempt to please everybody rare ly succeeds. If the Gotham reformers want to retain popular confidence they will not defer too obsequiously to the whims of every Tom, Dick and Harry ward politician. The tearful news is caibled beneath the briny Atlantlo that Lord Sackvllle West (perhaps we should say Sir Lionel Sackvllle-West. K. C. M. Q.) does not like America, and thinks her presidents are boors. It will be remembered that Lord Lionel Etc. was once 'diplomatical ly kicked out of these United States. The highest court in iNew Tork state has, upon final appeal, decided that "Bat" Shea, the Troy election-day riot er and murderer, must die. In the meantime, Shea's moral accomplice, the Trojan 'brewer, retains his seat in the United States senate. It may not be optimistic but It ap nears to be the fact that vice can out vote virtue five times out of six In the large cities. The result in Indianapolis is only one instance of many. It would be a mistake if John Daliell wore not made chairman of the next wava and means committee, and we don't expect Speaker Reed to head his committee list with a mistake. THAT S1PEKI0R COl'BT ACT. Kx'Judgo Hand Presents Reasons Why llo Relieves tho Low to Be Valid as It Stands. Editor of The Tribune. Sir; There appears to be on the part of some of our politicians and some lawyers considerable excitement In re gard to the constitutionality uf the clause in the act of the legislature which provides that electors shall vote for only six out of the seven candidates for seats on the Superior bench. In their desire to air their views they are disposed to disregard the law and vote for seven Instead of six. They ask the judge and Inspectors of election to pit in Judgment on the constitutionality of the law, and usurp the functions of the Supreme bench. I do not understand that the distinguished lawyer whose partially published opinion has been cited 'In the newspapers has advised any person to take this course, but has merely expressed a private opinion that there was a possibility or probability that the law in this regard may be de clared unconstitutional. The basis of this opinion is not an express mandate of the constitution, but an inference of his own. The public press, which by reason of its constant consideration of all questions and Its practical view of tilings. Is quite as apt to be In touch with the spirit and genius of our Insti tutions as a technical lawyer however learned, so far as I have read It, has In tuitively and wisely expressed Its view that the safer and wiser course Is to obey the law and vote for six. Allow me to-say that whatever course may be taken or decision made prior to the election, the press has uttered not only the common sense view of the case but in all probability the law of the case. It Is of no earthly account what any Individual lawyer or layman, officer or Judge may think of the act of assembly; the sole question will be, and cannot now be raised, what the Judges of the Supreme count, either a majority or by a tie vote, may think. The law will stand as constitutional and to be obeyed, un til, by more than a'tle vote, those Judges say it must fall. The press says it is safer to vote for six. Of course, for an elector may vote for less than all the officers to be voted for; he cannot vote for more than the law provides without nullifying his vote. 'Less than seven Judges elected in the way the law pro vides would hold their offices. If they were all voted for by ballots in which the electors voted for more than the law prescribed, they ought to be all thrown out. The reason for this will appear from the considerations herein after stated. Valid rntil Successfully Attacked. 'Any act passed by the legislature and signed by the governor becomes a valid law. It is constitutional until Success fully attacked and must be obeyed. Herein is a principle Involved so great that if the law is disobeyed the Su preme court may, and perhaps ought, in duty to set the disobedient act of tho Individual aside, whatever may be thought of the constitutionality of the law. It would be a monstrous doctrine that Individuals may violate a law, (ex cept one Involving moral considerations and conscience, and even then they ought to submit gracefully to its penal ty,) simply on their own view that It Is unconstitutional. The great majority of our laws have never yet passed the scrutiny of the Supreme bench in this regard, and even if they should and were thought unconstitutional, they would often 'be sustained on the ground of communis error. It Is singular that so partial a view should 'be taken of tlhe act creating the Superior court. It would be a misfor tune to the people If by any act or de cision seven Judges should be voted for. It Is for this reason, I fear, that many are soGicltous to vote for seven and thereby place on the bench, unless the people act unpartlsanly In voting, seven ' men all of one political persuasion. It would be a calamity. It the 200,000 .plurality vote of Pennsylvania should be held even up to the vote of a plu rality of one 'It would certainly make all the judges Republican. If the Su perior court should anticipate this question, which I have little expecta tion they will. It would not ibe lm posflble that a reaction imlsjht take place with the ipeople which would make all the Judges Democratic. Such tWlnigs have taken place. Should sunn ibe the result the only consolation ifift the Republicans would be that we might profit at the next reaotlon. I'nlikcly to lie Overthrown. I have said llhat the statute Is con stitutional un'tll successfully attacked. I.t Is more t'han this. When attacked It Is presumed to be constitutional all along the seiiles of 'batt es which must culminate In t'he final consideration of the Supreme court. This presumption will remain In the heart of each Indi vidual Judge until upon all the facts and. all the laws of the case presented by the utmost skill of the advocates on both sides the Judgment Is forced after quiet and cailm consideration from itihe court as a whole by a mnjorfty vote that the law must fall. This decision will come not on a single clause of the con ttltutlon, there are no strict constitu tionalists on t'he benrjh, they are all among the lawyers; it will come on the whole spirit and tenor of that Instru ment. This spirit and tenor will be evolved first from the facts: What was the object of the statute? What remedy was sought? What Is the na ture and clasa of the Superior court? Is any rlgiht of the citizen injured? da It a higher rlgiht to force upon such a court a partisan judiciary, on the plea of an electoral right, than to provide for the Impoeflblllty or improbability of such an event? etc., etc. It is admitted 'by the distinguished counael whose opinion has been quoted that minority representation Is provided for the Supreme court. In this admis sion It may be urged he throws away his own case. The constitution provides for new courts and tho change of courts except In case of the common pleas and orphan's court. There are two classes of courts, vis: those of appeal and final re sort and those not of appeal and final resort. . The Supreme court has hereto fore been the only one of the first class. What la the Superior court? It la now, also, a court of appeal and final resort. In other words it la put Into the same class as the Supreme court in this re spect. It Is more; It Is part and parcel of what was 'biafore the Supreme court. There is nothing In a name, there Is everything dn the thing itself. Suppose the legislature had designated the new court Supreme court and the higher court the court of appeals as in New York. The constitution does not bind the legislature to a name. The Supreme court today Is not the eame court It was. It has by the sovereign power of the state, for Its own good and the good of the people, yielded a part of its jurisdiction to another Supreme court called the Superior court. Tho I.ancuage of the Constitution. Now what does the constitution say on this subject. It says, Article V, sec tion 28.: "All laws relating to courts shall be general, and of uniform opera tion and the organisation, jurisdiction and powers of all courts of the same class or grade, so far aa regulated by law, and the force and effect of the pro cess and Judgments of such courts shall be uniform." It will be impossible to state In a brief article 'intended for the public what parts of the constitution, what elements of judicial and wise construction should enter Into the breasts of the Judges and will enter If this question comes 'before them. The constitution Is always called the people's Instrument by our courts; it has been construed to meet th'ls view to as to provide remedies for evtls and never to fasten a worse evil upon them. As a citizen above all, as a lawyer and as a Republican whose party Is more or less responsible for this wise statute, I trust and believe it will be sustained. 'Scranton, Oct. 9. Alfred Hand. COMMENT OF THE PRESS. Clothing and Modesty. Cleveland World: "The philosopher at the reeent meeting of the British Society for the Advancement of Science wu not altogether wrong in saying that a great many people muke modesty and moral ity a matter of elothes, whereas they are or may be Independent of clothes. Human experience justifies this conclusion. It U proved by the luthattor of people on occa sions when their minds are otherwise oc cupied. At fires in the night, In ship wreck, or during- the excitement following a burglary, people In 'immodest' costumes and almost without any costuming what ever have met and acted and talked to gether without a thought of Immodesty or Immorality, and have been astonished afterward to think how almost perfect ti'.rungrrs encountered earh other, ur rayed in nUniost a Garden of Kilen fash ion without a thought of Its Impropriety, unconscious even of their appearance. This t-.hows thnt If the mind Is not di rected to the costume, it Is of Itself neither immodest nor Immoral." His Record on Obstacle Pittsburg Comnierclal-Onzette: "Post master General Wllfon, who made a very complete success, with the aid of the pres ident, of accomplishing nothing, when last a member of congress, wants to try It again. Mr. Wilson will find his record as a rtatesman very much In his way If he makes the attempt." Sustained a Sldo Wipe. Washington Post: "Owing to the fail ure of the Tammany engineers to obey or ders Mr. 1). U. Hill's train of presidential thoughts has (sustained a mort serious side wipe." For Thomas Is Shrewd, Ha Is. Washington Post: "Whatever may be the result of that New York dicker, Mr. 1'latt will be sure to be located at the Juicy end of It." Rut It mil Not Be Gratified. Washington Post: "There Is conslder nhle anxiety to have the tail of the liritish lion decorated with the Olney twist." FALL OF 1895. Hill & Cohnell MAKERS AND DEALERS, I3I AND I33 N. WASHINGTON AVENUE. The Largest Stock of Fine and Me dium Furniture ever displayed la Soranton; all arranged on our Seven Floors, so as to be easily inspected. Our method is to sell every article at a small profit, and one price, all goods be Inc marked In plain figures, thus making our establishment a safe placa for pur. chasers. All Are Cordially Invited to Visit Onr Warerooms. HILL & CONNELL, I3IANDI33N. WASHINGTON AVE. Fine Stationery Blank Books, Office Supplies. EDISON'S MIMEOGRAPH Aoi buppliea, TYPE WRITERS' SUPPLIES tMMVH nu uurrumn LLiiunni ui MALL ITS BRANCHES. REYNOLDS BROS. Stitori ad Enpajit,. in LACKAWANNA AVE. GOLDSMITH'S Wherever This Paper Goes Please receive it as a letter or a personal call bearing a most cordial invitation to visit this store at this time while we are so proudly showing off our largo and varied stock of materials for Fancy Work and Decorative Art There are so many things to present that we must be excused for not having room enough to display them all to the best advantage. We probably devote more time and attention as well as capital to this line that does so much to ward making a home pleasant, than any store in the city, and the beauty of coining to us for the many trinkets that come under the head of Fancy Work, is that you find everything to harmonize, and as to prices we are always the lowest. A summary of what is kept in this department: China Silks, both plain and figured, Fringes, Ornaments, Down Cushions in ail sizes, Cushion Tops of Satins, Silks and Plushes, all kinds of Stamped Linens and Lace Goods, Silk Table Squares, Man tel Drapes, Piano Drapes, Rope, Filo, Twisted and Roman Embroid ery Silks, Ice Wools, Yarns, Knitting Silks, Toilet Bottles, Hon iton Lace braids, Renaissance, Applique and Antique Tidies, Dresser Scarfs, Stamped Linens, Fancy Scrims, Crotchet and Knitting Cot ton, Towel Rings, Embroidery Hooks. RIBBONS, RIBBONS, of every conceivable widch, color and shade. Having purchased an immense stock before the recent advance in raw silk, we are prepared to supply our customers for the entire season at old prices. HSCirA special offering of Downaline Cushions, nicely covered, with ruffles on four sides, only 43 cents. JAMMER!) Wa have just received a larfre import order of Jardinien in rich colors and designs, from the celobruted Forester & Sons' Pbojnix and Imperial works, I nnorinn I Staffs England Prices from 6oc. to $5.00 each. Call and see them. LIMITED. 422 LACKAWANNA AVENUE. NEW LINE OF FOOT BALLS Also Big Stock of Guns, Revolvers and Ammunition. C. M. FLOREY 222 Wyoming Avs. chid, the n, KNOCKS OUT High THAT WONDERFUL WBBBR Toss h teas saly Is taaWCBEB FIAOT.S Call and sm that Plaaos, sad sesaa as sss end-band Piaaoa w bar takaa Is sasbasas JAMMERS J3 0 (Uf m 111 GUERNSEY ESTHERS, 124 Wyo. Avs. i JAMES & KELLY FUNERAL DIRECTORS AND EMBALMERS. LATE OF PITTSBURG. FIRST-CLASS LIYERY IN CONNECTION 523 Spruce St., Scranton. SPECIAL SALE OF V H flnnnrrn MICHAELIAN BROS, OF ARMENIA, AT 227 WASHINGTON AVENUE. These goods are just out of the Custom House and exhibited here for the first time. Lovers of Oriental Rugs will find this an excellent opportunity to have the first choice of this large variety of Oriental Art. REA Majestic Ranges are made of steel and maleable iron, riveted together, making them perfectly air-tight, gas tight and ash-proof. The ovens can not warp, being riveted to a solid malable angle iron, both in front and back, the body of the Range being riveted to the same. Remember This is the only Range in the world in the hands of the dealer made this way. For durability, economy of fuel, quick and perfect baking, the Majestic Steel Range has no equal To this 150,000 of the best houses in America can testify. Now on sale and being exhibited at our store. FOOTE & SHEAR CO. 119 WASHIXGTON AVENUE, BH WILLIAM S. MILLAR, Alderman 8th Ward, Scranton. ROOMS 4 AND 9, Gas and Watsr Co. Building, CORNER WYOMING AVE. AND CENIER 81 OFFICE HOURS from 7.1fl a m. tot p. Bhf (1 boor iutermlaalon for dinner and auppar.) Particular AtteuTlon Given to Collections Prompt Settlement Guarantied. YOURBUSIMESS !S RESPECTFULLY SOLICITED Tslsphons No. 134. nun nnrvnr D US. & CO. 0 1