, -'V4-'?" rTT iwt& yi Sjewfolww11. "" "T-nr CT"m$fiit"- Tmn M'JtiU bUKAJNTON TRIBUNE-FRIDAY, JULY 29, 1898. OXFORD - TIE SHOES I f AT OXFORD I TIE PRICES j . t Lot 4 contains LAD1KS' TAN OLAZE KID HAND SIIWKD OX FORDS, 8 different styles, nc tually wcrth Jl.W, $!..'. rn and J2.00: very special .U morrow at Lot 5 contnlns MISSES' AND CHILDItKN'S TAN KID AND OOAT SHOES, Including a lot of Jonn wundcira celebrated snoes. all sizes, regulnrly sold nt 11.23 and Jl.ro ; hero tomorrow at .88 Lot 6 contains BOYS' TAN V.X'3. SIA CALF SEAMLESS SEWED LACE SHOES, of extra lino qual ity, regularly sold at $2; also Hoys' Brown Kid Seamless Sewed Laco Shoes, regularly sold at tf 1 op J2.25. hero tomorrow J)!, J J It's a shoe chance that no other shoe store can equal at pre sent, so don't miss it. 410 Spruce St gBED The Wilkes-Barro itecora can Tie had In Scranton at the nevs stands of Al. Melnhart, 119 Wyoming avenue; Mac, Lackawanna avenue. CITY NOTES. Cards of thanks, resolutions of condo lence, obituary poetry and the like will be Inserted In The Tribune only when paid for In advance, at the rate of 10 cents per line. The Electric Engine company, of Dun more, will hold their annual ball on Aug. 23. A good time is anticipated. There will be a Hag raising nt the Del aware, Lackawanna and Western round house between 12 and 1 o'clock Saturday, A marriage licenso was granted yester day ty Clerk of the Courts Daniels to Antonio Cuma and Angiola Cagllundro, of llayfield. For striking a woman John Albright, 4S years old, a native of Switzerland, was arrested by th police Wednesday even ing but was discharged from custody on nccount of the non-appearance of tho woman, who said sho would nppear ngalnst him In police court. LEASE MAKES TROUBLE. Causes the Arrest of Tenants on a Serious Charge. "W. D. Cole and O. S. Huckland were charged by Freeman Lord, before Al derman Kasson yesterday, with break ing eighteen window-lights and flvo window-sashes. digging tho plaster from the walls, breaking door-knobs and dolnb other injury to a house owned by Lord and occupied by Cole and Buckland. It was alleged the defendants malic iously Injured the building after hav ing had some trouble about tho lease. They denied the charge and furnished ball for their appearance at court. OBJECTED TO THE HOSPITAL. Injured Man's Wife Removes Him in n Cab. James D. Jackson, of 323 Hitchcock court, a blacksmith, employed at 339K Adams avenue, was seriously injured yesterday. He wns engaged at shoe ing n vicious horse, that kicked him on the right side of his body. Ho was taken to the Lackawanna hospital in an ambulance. Before the physicians had time to examine Jackson, his wife came in a cab and had him removed to his home. It is feared that one rib was broken. BOND FOR $40,000. Required of tho Old Forge Town ship Tax Collector. Tho bond of Henry Harding, tax col lector of Old Forgo township, was ap proved yesterday by Judge Archbald. The amount of it Is $40,000. Harding's sureties are Charles Hld dlo, John S. Jletz, Patton Taylor, Hou ert Johnson, William Dawson, John Surber, John W. Faraday, Wallace Ormston. Joseph Jones. Grifllth Rich ards and Henry MacKinder. Card of Thanks. We desire to convey our apprecia tion of the kindness of oillciatlng mln Isters, church choir, members of soci eties and of Company B, Thirteenth regiment, and all other friends exhib ited toward us during our bereave ment by the death of our son, George Fischer. Mr. and Mrs. Peter Fischer. DIED. EVAN8.-In West Scranton. July 28, 1808, the Infant son of Mr. and .Mrs. David E. Evans, of Eynon street. Funeral this nftornoon from resldenco and private. Interment at Washburn street ceme tery. FBECH. In Scranton, Wednesday, July 27. JS38. Adolph Freeh, ago 5 years. Fu. nnral services at his late residence, k28 Plttston avenue, at 4.30 Friday after noon. Remains will bo taken to l'lilla phla for cremation. t - v M2mm TWENTY-THREE LIVES WERE ENDANGERED HURRIED EXIT OF MEN FROM RICHMOND MINE. A Spark From a Small Locomotlvo Set Fire to tho Roof of tho Fan Houso at No. 3 Shaft Fire Burned That Structure and Spread to tho Engine House Mine Foreman Mc Cutcheon Went Down and Dot tho Men at Work Out By Another Opening Mlno Full of Gas. Twenty-three men nnd boys were In the most imminent danger of death at 4 o'clock yesterday afternoon In Richmond No. 3 shaft of the Elk Hill Coal and Iron company, and tl.clr safety is due to the promptness with which they wore notified to vacate by Mine Foreman Hugh McCutchcon ana his assistant, James Eckersley. A spark from the locomotive which hauls the coat to the breaker set fire to the roof of the fan house. In twenty-five minutes the fun went tumbling down the shaft. Smoke poured in and filled the gangways and chambers and suffocation would be the certain fate of any person caught. The men got out through the second opening, which Is 1,800 feet from the main shaft. Flvo mules were under ground, but they would not bo led through the emoke and hud to be abandoned. In thirty minutes tho fan and engine houses were reduced to ashes. The frame work around tho opening of tho shaft was all that re mained standing. Engineer Courtney remained nt his post awaiting a signal from below un til the lire enmo so close no to burn his shirt. Those -who saw his heroic conduct speak in terms beyond praise about It. He waited until the very Inst minute to bo of assistance to the men in the mines had a call come from them. , NO TIME TO SPARE. The men inside when the fire broko out were: John Donnelly, of Oak street, a brattice man; John Dougherty, of Mnrvlno street, a miner; Dennis Gal lagher and John Blbbes, miners; Jame Hawley, .a driver boy; and eighteen (Polish laborers whose names cculd not be obtained. All except two were in the bottom vein. They didn't have a minute to spare. Indirectly all of them owe their lives to Mlno Inspector Edward Itodciick. At his Instance the works were closed down last winter because there wus not a second opening from the bot tom vein, as required by law. The main shaft Is situated In the angle formed by the Lackawanna river nnd the Ontario & Western railroad a few hundred feet north of Parker stroet. Its depth Is 50." feet. The first vein below the surface is the 14-foot vein. That is worked out. The second is the Clark vein. The Clark vein is 36S feet from tho sur face, and there Is another opening 1,800 feet from the main shaft which goes down to the Clnrk. The Dun more No. 3 vein Is 137 feet below the Clark. Mr. Roderick's reason for stop ping work nt the ehaft was because the only way out of the Dunmore vein was through the main opening through which coal was hoisted, furthermore the boilers at the second opening were never steamed up, except in tho event of an accident to the machinery in the main shaft. Mr Roderick had to go to court about it. By his attorneys Wlllard. Warren & Knapp, he applied for an injunction to restrain operations until n second opening wns driven to the bottom vein, and also that the com pany 'bo required to keep steam up at the second opening always when men were in the shaft. Attorney W. J. Hand appeared for W. II. Richmond, president of the company and the largest stockholder in it. INJUNCTION GRANTED. Judge Gunster granted an injunc tion as prayed for by Mr. Roderick and the mine suspended operations. The company proceeded then to com plete the opening between tho Clark and Dunmore veins. A slope was driv en to connect them. On June 10 last Mr. Richmond's attorney petitioned court to dissolve the injunction on the ground that the second opening had ben completed. By agreement between both parties, approved by the court, the company agreed to keep up steam at the second opening until the case came on for a final hearing. The company wanted to be absolved from the obligation of keeping steam up always, as the evi dence showed that the second opening was used only twice In six years, and steam, could be raised In an hour. If steam had not been up yesterday at that opening the men would havo had a. etill closer call, for the fun was burned down nt the main shaft In n. half hour, and in less than fifteen min utes after that the mine was filled with gas and smoke. Mr. Roderick was In Carbondale un til S o'clock in the evening. On his arrival home ho went to tho shaft and took charge of operations. The fire broke out at 4 o'clock. It brought the two North End companies to the scene. Chief Hlckey sent In a call for the General Phinneys of Green lllilje to get their hose, but the com bined hose of the three companies was not enough to reach from tho nearest hydrant to tho shaft. The combustible character of tho fan and engine houses gave the fire free rein. By the time the nro companies were ready bath structures wer e a mass of burning ruins. Some of tho men In charge refused to permit Chief Hlckey to turn a ftroam on the em hers, und as the lire had eaten up all it could except tho bunting and beams around thu shaft tho chief wt.s not particularly anxious to Ignore the com mand, DANGEROUS SITUATION. But when Mr. Roderick came he found the shaft so full of gas that It was up within n foot of the surface. A spark from the embers could tly In to the opening and thero would bo an upheaval that would throw the dyna mite shells of the Vesuvius into the shade. There was a crowd hanging n round tho mouth of the shaft that numbered from 100 to 200 persons. Nothing could save the majority of them If tho gas over exploded, and It needed only a stump of a lighted cigar or a spark of any kind to do it. The day was so oppressively hot that not a breath of air was stirring. Woo be tide the curious people if a wind had been blowing. Consequently, Chief Hlckey was no tilled to come up again, The chief got permission to use some extra hose. He took 500 feet from the Century, HO from the Crystals, 350 from tho Nlap nraa and 400 from the Llbertys; and Drought tho Ccnturys up with their wagon In order not to deprive tho North End of protection In case of fire. At 11 o'clock ho had tho lost spark quenched. Foreman McCutchcon said ho had no dlfllculty In finding all the men nnd getting them together. Three had Just Bono down on the night shift, and the others were preparing to go home. Tho mules balked when tho smoke came down and nothing could bo done with them. Assistant Foreman Eckersley ran townrd thu second opening when Mr. McCutchcon went down to alarm tho men, and he had the carriage pre pared to lift them out. He camo for ward to meet them from that side and to help any that might be In need of It. Later on McCutcheon nnd Eckersley went down the second opening to re connoitre nnd sec how the mlno stood with regard to gas. They could not enter the 'Clnrk vein, It was so filled with tho deadly lluld. The fan will havo to be rebuilt and the air pass ages repaired beforo there can be an attempt to enter. It Is one of tho worst mines for gas In tho coal fields. Tho capacity of It Is small, about fifty cars a day. RODERICK GRATIFIED. Mr. Roderick was thanking his stars that he took the steps he did. He said last night that the lives of the men would surely havo been on his should ers but for the second opening. Mr. Richmond Is nt Hot Springs. Tho hoisting engine Is destroyed nnd one of tho carriages went tumbling down to the bottom, doing a grent deal of damnge no doubt to tho slides an-J, bunting. The damage Is probably $15, 000, and little or no insurance. This shaft has been pursued by fire a great deal. Last November the gas In the Dunmore vein was ablaze, soon after the vein was opened, nnd It took a lot of trouble to extinguish it. Just a year ago a part of the loller houso wns burned. The boiler houso wns all that escaped from yesterday's Homes. It Is fifty or sixty feet away from the shaft. The number of men and boys employed In nnd around the shaft is about sixty. ACCUSED MEN ARRESTED. Are Charged With the Murder of Santoro, the Bandmaster. Pascere and Grlecco, the two men sufipected of the foul murder of Band muster Santoro, were arrested yes terday afternoon by Warden Simpson and Deputies Phillips and McGoula rlck, and It now develops that they had nothing to do with the crime. They were taken to tho county Jail and will have a hearing at 2 o'clock this afternoon before Alderman Kas son. They will be discharged beyond any doubt. Pascere has no Icea than a half dozen of tho best kind of witnesses to prove that ho was bossing a gang of men digging a water trench on Pitts ton avenue in the upper part of the Twentieth ward at the time Santoro was slain. Pascere was there all day. That la at least six miles from Lack awanna station. Grlecco has indisputable evidence to prove that he was not near the place when the crime was committed, for he was present in the arbitration room of the court house, subpoenaed ns a wit ness In the Langstaff-Kelley contest. However, he wns at no time charged with etnlning his hands with 'my of Santoro's blood. The suspicion rest ing on him was as an accessory bcfor the fact. HE HAD PASCERE, When Warden Simpson was on his way toward Old Forge yesterday ho met Superintendent Ben Harris, of the Spring Brook Water Supply company driving this way with an Italian in the carriage. "Who havo you there?" asked the warden. "This Is Pascere," was the reply. Mr. Harris told Mr. Simpson that Pascere would go up any time he wns wanted. Pascere then went around to two gangs of men to give some orders about work, and at 1 o'clock he re turned to Mr. Harris' office and sur rendered to the olllcers. In the mean time Grlecco had been arrested. A car riage was secured and the two men were taken to tho county jail. Attorney W. R. Lewis was engaged to defend them. At tho hearing today proofs of an alibi will be so strong, Mr. Lewis said, that tho men will be dis charged. And at the same time a sensation Is promls.ed. There was a statement made yesterday by one of Pascere's friends that the murder was committed by a man who held $350 of the band's money, and who resided In tho same house with Santoro. PRIZES FOR WHEELMEN. Over 300 Distributed nt the Wilkes Barre Meeting. Prizes aggregating over $300 were won at tho first annual meet of the Wllkes-Barre Wheelmen at the Young Men's Christian association park. The prizes were pretty well distrib uted, as Indicated In the following list: W. F. McMlchael, Berwick, $75; C. W. Krlck, Sinking Springs, $70; Earl Bo vee, Blnghamton, N. V $30; C. A. Brown, Wllkes-Barre, $25; W. H. Croughn, Wllkes-Barre, $25; W. L. Richards, Stockton, $25; Joseph J, Weber, Plttston, $13; W. II. Miller, Wllkes-Barre, $13; "Chic" Coleman, Plttston, $12; J. M. Morgan, Nanticoke, $12; Grant Behee, Wllkes-Barre, fS; T. J. Schmltt, Wllkes-Barre, $0; J. W. Townsend, Tunkhnnnock, $4; W. S. Jelber, Nanticoke, $4. Following are tho summaries el the Importunt events: Mile open First, Krlck; second, Uovee; third. McMlchael. Time, 2.16 1-5. Half mllo handicap Brown, llrst: Mor gan, second; Bovee, third. Time, 1.00 t-5. Club championship The lace was taken by W. Croughn. Time, 2.16 4-B. Mile lap Krlck won, Bcorlng 8 points 2 firsts and 2 thirds; McMlchael made 7 points 1 llrst and 2 seconds; Coleman was third with 6 points 2 first and 1 third. Time, 2.15. Two-mlle handicap McMlchael, llrst; Richards, second; Webber, third. Time, 4. CO 2-5. Other events were: Exhibition quarter-mile by Joe Rice, thirty seconds; exhibition half-mile by W. H. Croughn, who broko the track record, making the distance In flfty-nlno seconds. IS CRITICALLY ILL. George W. O'Kell in a Precarious Condition at Moscow. George W. Okell is critically 111 nt Moscow. Ho became HI whllo visit ing friends there and is not likely to recover, Relatives and physicians from this city are at the sick man's bedside. OPINION IN JERMYN'S ASSESSMENT SUIT LOWER COURT IS REVERSED BY THE SUPREME COURT. City Assessors Raised Joseph J, Jer myn's Assessment Botwcon Trlen nal Years and tho Court of This County Decided They Had No Right To Tho Supremo Court Says tho Assessors Were Right Opinion Wa3 Written by Justice Green and Is An Exhaustive Document. Tho opinion of tho Supreme court in tho suit of Joseph J. Jcrmyn ngalnst tho city nssessors and tho board of revision and nppcals, reversing the lower coutt, Is as follows: The plaintiff, being on owner of teal eslnto In tho city ot Scranton, complains that tho assessed valuation of his prop erty has been changed, und Increased In a year between two periods of triennial iiss'tHinent. The defendants reply th.it the change was mndo by tho board of city utnessors In obedience to a precept ot thu board of rovlMon of taxes and ap peals. Tho plaintiff In his bill alleges that the year ISM was tho last preceding tri ennial assessment year, and that under that assessment his property was as sessed at $11,000 and in the year tai tho city board of cssessors made another assessment of tho ramo property by which tho valuation was Increased to Jll, ku Tho bill, further alleging that the next triennial assessment year was tho year 1KI$, nvcrs upon Information and be lief, that the tncicaso of tho assessed al tuition was made urder tho authority of tho fifth section of tho act of May 2.1, 1!35, by vlrtuo of a precept from tho board ot revision of tur.es and nppcals to tho city assessors, In pursuanco of tho authority conferred by tho act of 1S93. Tho bill fur ther avers that tho assessment made by the city assessors In 1597 was Illegal and void, because the act of 1S')5 is unconsti tutional for various reasons stated In tho bill, Tho defendants demurred to the bill on tho ground that It sets forth ho facts which entltlo tho plaintiff to the re lief prayed for, cither nt law or In equity. QUESTION RAISED. Tho question raised on these pltndlnt'S is whether the fifth section of the act ot May 23, ISM, P. L. 119, Is unconstitu tional. Tho section Is a very long one, but as only that part of it which author izes tho board of revision of taxes und appeals to cause nn assessment of prop erty to bo made In other than triennial years is Impeached as being contrary to the constitution, that part only will need consideration. The llrst clause ot thu section directs tho election of 'ive resident citizens of cities of the third class who Khali constitute a board of te. vision of taxes and nppcnlb, onco In ev ery three years. The next clause ts In tho following wards, "Said board, a major ity of whom shall constitute a quorum, may In any year other than a triennial year. If they shall deem a new assess ment necessary, on or before the first day of September, Issue their precept to tho city usxessors, requiring them to make out and return a full, Just and equal as sessment of property within the city or such parts thereof as tho said board cf revision may deem advisable, and they (!inll tako and receive tho triennial yearly assessments as returned by tho board of city assessors, and shall havo power nnd authority to revise, equally or alter such assessments In any and ev ery year by increasing or reducing tlio valuations, cither in Individual cases or by wards or parts of wards, and to add to the assessment books, nnd to the du plicates thereof In the hands of tho city treasurer any subject of taxation omit ted therefrom," etc., etc. The remainder of tho section makes prowsion for tho methods of proceeding, and for appeals und other waiters not Important to the present contention. Tho particular provision of tho section which Is claimed to be contrary to tho constitution, and upon which the learned court below so decided, is one which au thorizes assessments of propeity to bo made In the years other than the trien nial years. The point upon which the ril Ing was made in tho court below seems to bo that the making of Intermediate assessments was left to the discretion of tho board of revision, which It was cin teuded was a delegation of legislative power, and necessnrlly tended to produ;o discrimination and uncertainty In the system In different cities, so that In one city thero might be no Intermediate as sessment, In others there might bo an nual assessments, and all depending upon the mcro discretion of the board of re vision. The argument was that thero should be but "no system, and that a tri ennial assessment only, prevailing In .11 elllcs alike. Tho contention that thero might bo an nbuso of the discretion thti3 conferred upon tho board ot revision Is vlthout force. The question Is rather ns to tho validity of the system which con fers a discretion. If the system Is valid Its abuse hi particular cases can not af fect Its validity. We said this much In Bruce vs. 1'lttsburg, 100 Pa. 132, where our Brother Dean In delivering tho opin ion said: "That the system prescribed by the net Is liable to abuso in no way affects Its validity." CONSTITUTIONAL PROVISION. Recurring to tho general subject It Is certnlnly difficult to discover miy pro vision of tho constitution which is Jm plgneil by this enactment. None Is point ed out In tho opinion of tho court belo.v, but the contention seems to be expressed In the following words, "The ono thing lucking Is tho criterion by which th3 necessity tor u new ussessment Is to be Judged; this Is vital and should appear by tho law Itself. The legislature do not say that under such and such clrcum stunees, If the board of revision deem It necessary a now assessment may be or dered, but that upon tho mero say so of the board, without other let or hindrance;, this may bo done. This Is not tho ordl i arv creation of a municipal function tho c.ntiloyment or non-employment of which Is left tc the discretion of tho persons In vested therewith; with such us thut we have no cci troversy; It Is on tho contrary the unlimited delegation to the person who Is to exercise the function In ques tion, of the power to say under what elr cumstauce3 that function shall exist." It seems to us that conceding this to i.e a legitimate argument ar.alnst the wlsdnm or expediency of tho legislation, It ran not reach the dignity of a constututlonal objection. Tho act of 1S93 was an amend ment of tho uct of 23d May, 1SS9, P. L. Sli, which Itself cicated a board of assessors with power to exercise the same, or a very similar function, and was clothed also with tho power to "revise, alter and equalize the said assessments (triennial) and to so far modify such assessments during the years succeeding tlio year of the triennial nttersment, us tho changes of ownership or tho condition of tho Im provements thereon shall require." Whllo tho fifth section of the act of 1SD3 crented a board of revision of taxes ana appeals with tho powers specially desig nated therein, It wus only an amendment to tho fifth section of the act of US'), which created a similar board called "a board of upeals," with power to hear and determine all appeals from assessments nnd whoso decision was made final, whllo from the declslrns of tho board of re vision created by tho net of 1S33, an op peal was given to tho court of common pleas, fly the act of 1SSD a triennial as sessment was provided for with power to tho board of assessors to alter, equal ize nnd modify the assessments during tho lntcrmedlato.yeurs for certain enum crated purposes. By tho fifth section of that net a board of appeals was created with power to henr and finally determlno all npperls from the board of assessors, ny tho third section of the act of 1S93, amending tho third section of tho act of 1SS3, that board of assessors was directed to make a triennial assessment, and re-' port a list of all properties exempt from taxation. And they wcro also required during tho years succeeding the triennial yeur, upon tho precept of tho board ot re vision to mako out and return an usesi ment as directed by the precept, lly tho fifth rcctlon of tho act of 1395 tho board of revision and nppcals wus authorized to Issue u precept during the Intervening years If they deemed it ncccfcsary, to the board of assessors requiring them to make another assessment of all property and then that board of revision was re quired to tako both tho triennial and an nual assessments, nnd, "revise, equalize or alter such asscssmens In any and ev ery year by Increasing or reducing .o valuation." PLAINTIFF'S CONTENTION. As wo understand, the plnlntllt's con tention Is, that this authorization to make Intcrmcdlato annual assessments If the board of revision deemed It advisable, Is illegnl nnd void becauso It Is In contra vention of tho constitution. The Ifnrnod counsel for the nppcllee contends that tnc Judgment of tho court bplow can bo iius talncd on threo grounds. Tho first ot them Is that tho vnluntlon ot tho plain tiff's property wns made by a so-called nsslstnnt assessor, but who was not a legal oflicer, for the reason that In the year when tho assessment wns made no such office existed. Tho averment con tained In tho seventh clause In the bill Is referred to ns authority for this conten tion. But tho fifth clnuso of tho bill as serts thnt tho board of nssessors cf tho city of Scrnnton mado tho Increased as sessment, nnd It Is therefore their not, no matter who reported the valuations to them. If they ndopted them the.y as sumed nil tho responsibility for the ac tion taken and It Is their action that is under consideration, Tho second rensnn nlleged for sustaining the action of tho court Is that the plaintiff's real estate was chnnged In a year other than a trl ennlnl year under color of nn unlawfut delegation of legislative power. This con tention raises tho whole question of tho unlawful authority. The argument must suffice to provo that the delegation of the particular authority to mako an as sessment In a year other than the tri ennial year Is unlawful. If It does not es tablish that proposition It Is of no avail. Now It Is not at all dented for the ap pellee that tho ctitlrs taxing powir of the coramonwealh must bo exercised by the legislature. Nor Is It at all denied tr.fit tho legislative power to Impose taxation In tho muntclpnlltes of tho commonwealth may lawfully bo committed to the munic ipal authorities. The decisions on this subject nro absolutely without qualifica tion. Thus In Durach'c Appeal, 1.2 l'a. 494, It was laid by Sharswood, J.: "The municipal government Is but a branch of the government of tho state, and what ever powers of taxation the legislature possess they may lawfully grant or dele gate to such bodies." In Butler's Appeal, 73 Pa. 448 we said: "Whatever power of taxation tho legislature possesses, It may delegate to a municipal government, to bo legitimately exercised within Its cor porate limits." In I'n. It. R. Co. vj. Pitts burg, 104 Pa. 522. Mercur, C. J said: "The taxing power In this commonwealth is vested absolutely In the legislature, and when not prohibited by tho constitution. It Is limited In the exercise of that power by Its discretion only. Whatever power It possesses It may delegate to a municipal government to bo legitimately exercised within its corporate limits." These propositions being Incontrovert ible, It will be seen nt ence that the quei. tlon at Issue Is narrowed down to this: Can the legislature authorize the proner municipal officers ot a city of the third class to mako assessments in other years than tho triennial years? Thero can cer tnlnly be no constitutional objection to tho creation of a board of revision and appeals with all the powers Incident to tho functions of such a board. No such objection Is made In the present care, and If It were. It could not be entertnlned for a moment. It Is equally certain that nil assessments of property that aro made In any such city should bo made by the board of nssesors. There being no valid objection to the olllcinl character of the persons who nro to exercise the function, there remains only Hih single and very narrow question, Is It unconstitutional tor tho leglslnturo to authorize any assess ments In the years between the triennial years? The argument presented In the opinion of the court below has been al ready considered. In the argument of the counsel for tho appellee. In addition to tho contention that the legislation In question Is nn unlawful detention of pow er, which has already been nnswered, a point Is mndo that the case of O'NclI vs. Insuraneo Co., 100 l'a. 72, rules tho ques tion In favor of tho plaintiff. An exam ination of that case shows thnt tho ques tion there raised and decided has no an alogy to the question wo aro now con sidering. It was nn attempt to delegate to a single individual person the power to prescribe a compulsory form of con tract between private parties. The whole subject was submitted to tho official without any kind of limitation or re straint nnd without responslbllty to any supervising agency. In other words It rested only with tho otlicial designated to say what kind of contract should bo made, and It conferred upon him the wnoie power of tho commonwealth to enforce the terms that he should prescribe. It Is a grave question whether the legislature Itself possesses any such power, but If It does it is most manifest thut only tho law making power Itself can oxerclse It, for It Is the making of law, it Is tho very creation of a legal status. Hut hero the uuthorlty conferred Is nothing but a mat ter of detail, It does not Involve the pow er Itself. It is simply u question wheth er the annual assessments may be made In addition to the triennial assessments, when circumstances seem to require such annual assessments. It Is impossible to conceive why this may not be clone. In point of fact annual assessments aro al ways made, though us u rulo tho valua tions ns made In the triennial assess ments arc fellow cd. But it is quite possl bio for many reasons, that lacts nnv transpire after the completion of the tri ennial assessments which may require changes to be made. This was recog nized under tho old law In the cases of chungo of ownership or tho condition of tno Improvements, und tho new law simply enlarges tho field of possibilities that may demand a change, it can not ba thut a mero enlargement of tho oc casions for tho exercise of the power to mako changes Is fundamentally Illegal, when the power to make some changes Is conceded, or can not bo Impeached, Wo r.ro very cltar that such enlarge ment Is not a delegation of legislative power but a mete addition to powers al ready lawfuly cenftrred. In this connec tion tho following citation from the opin ion of Chief Justice Pluck In the case or Mocrs vs. City of Reading, 21 Pa. 1SJ. is quite opposite, viz.: "Halt tho statutes on our books aro In tho alternative de pending on tho discretion of somo person or persons to whom is confided the cutty of determining whether tho proper oco'is Inn exists for executing them. Hut It can not be said that the excrelso of such a discretion Is tho making of tho law," NOT MADE LOCAL. Some contention Is also made in the ar gument for tho appellee that this chan.'e In the law n.r.kes It local, and thereto. e In violation of section seven of artlclo 3 of tli ii constitution. We nro obliged to say thut tho argument in rupport of this contention does not convince us. It Is urged that one city may have triennial assessments only and another city might havo a new assessment cvtry year. Tho answer Is that If tho circumstances t'.iat required nn annual assessment were pros put In ono citj nnd not present in an other, there would be no occnslon for a chnngo In tho latter while tho reason tor a change In the former might be most urgent nnd potential. Hut this difference Is not radical or fundamental to the exist ence of tho power, It relates only to tho difference In the existing conditions In tho different cities. Tho very same ar gument might be tippllcd with equal force In the cuse of changes of ownership or In the condition of tho Improvements. In ono city where population wus rapidly growing, and new business enterprises constantly developing, such changes would bo frequent and would necessarily require frequent changes In the assessed valuations, whllo In another city where both the population and business wcro at n standstill, rio such changes would bo required. Yet surely theso differences would afford no valid argument ngalnst the legality of a statute which recognized their possibility and made corresponding provision for tfcim. Upon tho whole cut: we are ot opinion thnt tho legislation in question Is lawful class legislation, und ts not local In Its character, and therefore Is not prohibited by tho constitution. The assignments of error nro nil sustained. The decree of tho court below Is re versed, tho demurrer of tho defendants is sustained nnd tho plnlntlfr's bill Is dis missed with costs. TRIED TO COMMIT MURDER. Plttston Man Fires Five Shots nt His Wife. Thomas Henley attempted to kill hie wife Wednesday evening with a re volver nt their home In Plttiton. Henley tired five shots from tho wea pon, but fortunately none of them took effect In tho woman's body. After this he held nt bay for nearly two hours the olllcers who were trying to serve a warrant on him, nnd a crowd of several hundred people. Later Heuley was placed under arrcot after a live ly tussle. Mrs. Hcaley says her husband'3 mind had become deranged. She spcJko of his queer actions on several pre vious occasions, and at other llmc when ho had threatened to kill her, "I was Just entering the kitchen to get a lunch," Mrs. Henley said, "when I saw my husband behind tho door with a revolver pointed directly at my face and a dangerous light In his oye. Just then I screamed and ran for ns stetancc. As I did so, I stumbled and fell and1 the llrst bullet passed over my head. I ran out of the house whllo ho was firing, but fortunately his aim was not very good nnd I escaped Injury." Yesterday morning Henley was giv en a hearing before Alderman Barrett. When questioned he said his wife was unfaithful to him. The alderman held him In $500 ball for hl appearance at court. In default of this, he was com mitted to Jail. Ilealoy is a miner nt Twin shaft and Is a large nnd mus cular man. m Through Sleeping Cars. and day coaches, New York to Chicago, on Delaware, Lackawanna and West ern trnln No. C, and train No. 7. Low est rates, superb dining car service, fast time, elegant equipment. For Cleaning Silver, Gojd And Jewelry, GET MILLAR PECK'S Warranted Chem ically Pure. 10c and 25c A Package. J MILLAR PECK : T 134 Wyoming Ave, "Wnlk In und Look Around.' I New Potatoes $1.00 Per Bushel. A. F. KIZER, Prop. Home Grown Green Corn, Tomatoes, Cucumbers and Peas. Georgia Watermelons, Blackberries, Red Raspberries, Black Raspberries. Pierce's Market H i h Health and Pleasure for tlio summer months cun bo had at moderato cost at tho Spring House 1 1 car t Luke, Pa., Thoroughly renovattd and refurnished, has hot and cold wator baths. Heart LaKe Is on tlio lino of tho D L. & W. R. It., three miles from Montrose: tilch ele. vntlon, pure air, imre water, puro mlllc, row boats and llsldns tucklo free to guests. Good bicycle roads, lino shady grounds, largo piazzas, dancing hull, For prices and particulars write U. E. CROFUT. Proprietor Can't Afford To lose your trade. We arc continually on the watch for good goods at less price to you to hold you with us. VMimmmiiiimiimmiiiiiiiiiiiiim THE BICYCLE CONTEST Is postponed for four weeks to S 3 glvo everybody a llttlo moro S ; time; come In nnd tnko ft look 5 3 at It; It Is tho best In tho mar- S kot. S A few of tho leaders hero: g S Ham Kemmler 17 5 S Charles G reaver 1,411 S Cora Hnllct ....'..'..... 07 5 a John Kurtz ......1....... '.',153 S S Kntlo Ktrst w... 521 S S Charles Wagner l'JO S rjiiiiiiiiuiiiiiiiiiiiiiiiiimiiiiiiiiiiiiR SOMH Bl'KCIAL ClOODS hero that nro usually 10c, now 4o LKMON JUICI'l Kxtractor (glass) .... 4a TAII1.K TUMBLER, blown glass, thin nnd engraved, usually Be. each: our price R for I'Oo CHAMOIS HPONQMS mndo up ot chninolg pieces, Its tho best material for cleunlng windows, or polishing smooth surfaces, metal, silver, etc., usunlly 10c Our Trice, 40 di:couati:d ick curam disiiks. mostly blue, worth 5c, reduced to 2 for Bo LYM or Potash, box 4o C'HLOIUDU L1MK 4o noitAX. tj lb. package 4o RI'SSKT Shoe Dressing, bottle 3o UIXHY'S Hest Shoe Blacking 4o 1NSKCT Powder Guns 4o SUHLF VAP13U. wide, 2j ft. in pkg... 4o AMMONIA. V, pint bottle 4o BOMB Bl'KCIAL GOOD things In tin and enamel ware, worth lOo nXAMUL tin cup, 1 pint size 4o KNAMKI. pie plate, !i Inches 4o KXAJIKI, mutch safe (2 holders) 4o LAUOi: CHIMPKD tube cake pan ... 4o PKRKORATKD bottom, tin sieve .... 4c KLUK STOPPER 40 POT COVERS, 0 to Vi Inches 4o Sxl2 SQUARE PANS 4o OALVANI.ER soup dishes 4c LARUE BASTING spoons 40 KtlNNKLLS-all sizes 4o GRATERS all sizes 4o S1I.VERIXE TRAYS. 13-Inch slzo .... 4o QUART MEASURES, Pint up 4o CANDLE STICKS 4o COl'TEK OR TEA POTS 4o MINING LAMPS 4o DON'T FORGET TO ASK KOR BI CYCLE VOTES-OX E GOES WITH EV ERY 4c. PURCHASE. THE GREAT 4c. STORE 310 Lacka. Ave. JOHN H. LAMVIG. FOR BABY' COMFORT nt the Baby Bazaar. Try the Knit Night Drawers, Knit Drawers, for Ladies and Chil dren, Dresses, long and short, Skirts, " Waists, Dndcrvests, Sacqucs, Blankets, Hosiery and Shoes. In great variety and daintiest design. ,i. 512 Spruce Street. Steam and : Hot Water HEATING Gas, Electric And Combination FIXTURES Electric Light . . . WIRING Charles B. Scott, 119 Franklin Ave. The Standard ElectricClocks No Winding. No Springs. No Weights. No Repairs. No Trouble of Any Kind. At Small Cost. I ONE NOW RL'NNINO IN SCHAN. TON SAVINGS HANK MINCE DK C'KMIlKtt LAST; VAUIES ONLY AllOUT ONE ftEC'OND A WEEK. Mercereaii & Connell, Sole Agents for this Territory. THE LARGEST AND KINKST STOCK OK CLOCKS, WATCHES, JEWELRY AND SILVERWARE IN NORTHEASTERN PENNSYLVANIA. 130 Wyoming Avenu: T At Retail. Coal of tho best quality for domestic use nnd of nil sizes. Including Uuckwhcat and Hlrdscye, delivered In any part of tha city, at the lowest price. Orders received at the office, first floor. Commonwealth building, room No. 6; telephone No. 2624 or at tho mine, telo phona No, 272, will be promptly attendcJ to. Dealers supplied at the mine. W. T. SMITH. a sL
Significant historical Pennsylvania newspapers