"WS--- sppBMjBW"'w:W' -rhfi"w Htmti"r-' oftWWiiS v-fi.-- (f ; -, 'itiiflm"''" " THE SCUANTON TlUliUiNE-THrRSDAY, SEPTEMBER 8. 1808. ADMIT THAT THEY ARE NEXT OF KIN flANDLEY CLAIMANTS AC KNOWLEDGED AS COUSINS. In tho Hearing Deforo Judge Ache son in the United States Circuit Court at Willinmsport tho Defen dants So Not Contest tho Claim of Kinship on the Fart of the Sev enteen Plaintiffs Baro Possibility That tho Wholo Will Will Bo In validated. Arguments In tho Uanelley will enso Were continued yesterday before Judsn Acheson In tho United States circuit court at Wllllamppnrt. Kx-Juilsu Jes sup made the opening for the claim ants and was followed by Col. Qcorco II. Starr. Kx-Attorney General Pal mer made the principal argument for tho defendant. The light hns been narrowed down to tho question of whether or not the city of Winchester can be reslduury lega tee, the defendants having admitted that the claimants are first cousins of the late Judse nnd his next ot kin. The assailants of the will allege de fects that will Invalidate the wholo instrument. Tho omission of "ached -tileA," they claim, affects with uncer tainty not only the residuary clause, but tho later provisions of the will, because they nre more or less depen dent upon "schedule A" for the amount of property they are Intended to devise. MEETING OF BOARD OF HEALTH Number of Interesting lteports Heard Last Night. Tho extreme heat of August was re sponsible for a great many deaths nmong children. At last night's meet ing of the board of health, when Sec retary Murray's report showed the to tal mortality for the month to be 161, an Increase of eleven over the corre sponding month of last year, the mem bers were nt a loss to understand the cause until Health Olllcer Allen re ferred to the detailed death report nnd found that there were thirty-nine deaths from cholera Infantum and sev enteen from convulsions. Otherwise the month was normally healthful. Fifteen cases of diphtheria, three of typhoid fever, one of scarlet fever and live of whooping cough were reported. Typhoid caused three deaths; whooping cough, three, and diphtheria, one. Births numbered 101 and mar riages, thirty-three. The matter of granting death cer tificates In cases where the death re port Is made by unregistered mld wlvos and the question of sextons of cemeteries located outside the city limits accepting for burial remains from the city that are unaccompanied by a board of health burial certifi cate were referred to the health of ficer and secretary. The reports of Food Inspector Cul len, Plumber Inspector O'Mnlley and Sanitary Officer Burke showed that these officials had a very busy month. The food inspector condemned nnd de stroyed over four tons of meat, llsh fruits and vegetables. A complaint about tho unsanitary condition of Scranton street, received from the West Side board of trade, was referred to the health offlcer. W. G. O'Jlalley, the new member from the South Side, was present for the first time last night. Dr. Bentley at tended, after an absence of several months In the West. 1 m i. JIM JUDGE SAW SMITH. Scranton Boxer Says He Can Defeat Mysterious William. Jim Judge, who Is soon to box "My sterious Billy" Smith, tho champion welterweight, returned to Scranton yesterday from New York city where he saw Smith and Andy Walsh box n draw Monday night, While Impress ed with Smith's qualities, Judge ex presses himself as being able to defeat htm. "I would rather meet Smith than many In his class," said Judge to a Tribune reporter. "He Is only fairly clover but Is 'rougher' with a handy right hand which he uses nt all stages of the game. I think I enn beat him with a right hand as good anil as ready as his." The arrangements for deciding the match between Smith and Juuge will probably be made before Saturday night. They are lo meet Friday or Saturday, September LC or 21. Iteccnt developments make It possible to give the bout In this elty. Judge begins to day to train for the contest. Carroll's Day. Tho second annual joint excursion of tho Youni Men's Institute, Septem ber ?0, to Lake Ariel, promises to bo one of the lamest pxrnrslrmu nf tin. season. The committee In charge have lett nothing undone to assure a good time for all who attend. Games and athletic sports of all kinds. Lawrence's full orchestra will furnish the music for dancing. Tho refreshments will ha furnished by Mr. M. J. Kelly. Tick ets for sale by members of the Insti tute. Faro from Scranton, Dunmore, Green TSidge, Mlnooka and Avoca, adults CO cents, children S3 eents. Arch bald and Olyphnnt 75 nnd 4C cents, Jermyn, Mayfield and Carbondale S."! and 55 cents, Wilkes-Barre and Miner. Mills 70 and 40 cents, Plttston 03 nnd 40 cents. Funeral of Mrs. Margaret Jenkins. The funeral of the late Mrs. Mar garet Jenkins, of West Plttston. will take place today. Services will be held at tho family homo on Luzerne avenue about 10.30 a. m., and the re mains will be taken on the 12.15 Dela ware, Lackawanna and Western train for Interment In Jermyn. Waldron's Horse Sale Saturday. Did you see Waldron's horsos?'They arrived this noon and are a fine lot thirty In all. They are to be gold next Saturday at 1 o'clock. Go and buy or exchange and get one. Foot Ball Guides for 1808-0 Now ready at Floroy and Brooks. An Interesting Trip to Niagara Falls, Sept. 0. J.V00 via tho Lehigh Valley. Substitute for Lemons. Horsford's Acid Phosphate la ooolloc, quenches thlrstt and acts oa a Tonic, Shan Imitation. Sold onl la bottlei. 4- .M. - I CITY NOTES I -) C1IANUH IN IIY-LAWS.-A report on a prupoBcd chungo In the by-laws will bo mailo at a meeting of tho Scruntou Bi cycle club tonight. 1'UNHIIAI. OF It. W. I.UCl'.-Thc fu neral of the Into it. W. Luco will tuko plnco from his rcsltlcnco oti Mulberry street Friday iifterticon ut 2 o'clock. FOOT CHL'SIIllD.-Anthony Cltshby, a laborer at the Cnpouso cudlcry had his foot cruMied by a fall of rock yesterday. Ho Is being cared for nt tho Moses Tuy lor hospital. IS IN COUNTY JAIL.-Mnnslo Dlmler, tho woman who cut Ida Swart?, with a scissors Tuoday was committed to tho county Jnll yet terdoy by Alderman Millar In default ot Jb(W ball. BY AMMIKMAN KASSON.-Kbcnczcr Leo nnd Mrs. Susan Lrlggs, of Scott township, each of whom appeared to bo nearer 00 than CO years of age. were mar ried by Aldermun Knsson yesterday. M13ET FHIDAY.-The members of the Scranton board of trade will meet at their rooms tomorrow afternoon at 1.30 o'clock for the pttrpor-e of attending tho funeral of the lato It. W. Luce, who was a former secretary of tlte bcurd. "PAY-DAYS. The Delaware and Hudson company paid yesterdny at tho Grassy Island colliery nt Olyplmnt and tho Dsla waro colliery at Mill Creek. Tho Dela ware, Lnckawnmui and Western com pany will pay today on tho southern di vision. OBSTnrCTKD 'J'llACKP.-N'nllo Mo Ino, who drives a wngon for Frank C'ar lucci, was arrested yesterday for cb structltiK the tracks of the Scranton Bull way company on Franklin avenue. He will Ik- given a hearing todny before Al derman Millar. HIILD FOB COUBT.-Wllllam Walthor, of Dunmore. was arraigned beforo Alder man Kasson yesterday and charged with the removal of goods that had been levied upon August 22 from his place of busi ness on Grovo btrect. Constable T. J. Price was the prosecutor. Wultluv waived a hearing and was held for court. TIllKVlM IN GHBKN BIDGK-Thlev-s gained entrance to the laundry in tlio residence ot T. J. Kelly at New York street nr.d Cnpouso nvenno Tuesday night and appropriated to their uso tho entire washing of clothes that had been taken In early In the evening. The po lice are investigating the case. LICENSES GBANTKD.-Mnrrlage li censes wero yesterday granted by Clerk of the Courts Daniels to John II. Kemp, of 110 Adumi nvcr.ue, and Grace M. Shl ly, of 729 Qulncy avenue; Blienezer Leo and Mrs. Surnn Brings, of Scott; John Blgglo and Agnes Hennessey, of Carbon dale; Beese Davis, of KM Marlon street, and Bcrt'.a M. Courtright, of JUS Ash street. THK SCBANTON TKAM.-The team of Scranton policemen who are to meet a Wllkes-Barro team In a levolver match at Mountain park on Saturday was picked yesterday. Lieutenant Williams. Desk Sergeant Beeso G. Jones nnd. Patrolmen Lowry and Neuls will represent Scranton. They and other policemen have been practicing dally and are confident of win ning. MKBTS THIS AFTKBNOON.-The Pol. rilers' Belief association will meet at I! o'clock this afternoon In the board of trade rooms. It Is probablo that step will ho taken to secure morn funds. Be lief lias lately been granted to such an extent that morn money than Is now available will he needed If the Thirteenth is not soon mustered out. Fl'HNITT'RK ABBIYING.-Ten car loads of furniture, consigned to Joins Long's Sons, have been unloaded in this city during the past week. It being a part of the purchase recently made bv Mr. Ar thur Long nnd Mr. Mnndevllle, the furni ture buyer of tho Scranton house. It came from the great furniture markets In the went, nnd Is only a small part of what Is expected during the week. SHE WANTS DAMAGKS.-A libel stilt for $lo.0m) damages was Instituted yester day against F. J. Fltzslmmons as' editor of the Sunday News, by Brpe E. Dupuy, of Dalton. The alleged libellous article was published In the News Sunday. Au gust 21. Ball In the sum of $1,000 was de manded. The defendant was notitled in appear nnd furnish ball. A crlmnal pros, ecution was previously brought In Alder man Millar's court. BEADY FOB rFSINEPS.-lmportanco Is attached to the next meeting of the board of trade, September 17, as Is Indi cated by a circular letter addressed to the members of tho board which has been sent out by Secretary Atherton. The manufacturers committee will meet soon to consider matters relative to a pro posed new Industry of considerable mag nitude, but concerning which no fflfor mntlon will now be repealed. WELL E-ECrTEDWATER COl.OB. A handsome water color study of Dr Sltterly and his horse, "llariisliurg." which Is well known to lovers of the iti-f hereabouts. Is nttrnrtlnr much mii.m In tho show window of Meyer's art store on Spruce street. The plctiiie icpic. m. the doctor sitting In Ills buggy In a char asteiistle attitude and accompanied ,v a small dog. and the details are brought out with surprising aceurac.. The pic. ture is mado from n free hand sketch by the talented rrtibt. Mr. Frank J. riltterlv of Schenectady. N. Y.. who has bceri spending the past few weeks in the city. WOMAN BPN DOWN.-Willlnm Ltitss and Kate Lutz. his wife o pear as plain tiffs in a suit filed yesterday by Attorney L. P. Wedcman to recover 51.00 damages from P. A. Cavanaugh. The ground tor tho netloo Is that Mrs. Lutz was r,m down by Cavanaugh's team nt the corner of Washington avenue and Linden slret August 2G Irst. It Is allegid that the team was being driven recklessly, on the wroiv side of the road nnd at a high rate r speed. Mrs. Lutz avers that she was badly Injured and her husband claims lie was put to great expense in curing for his wife's Injuries. ASSOCIATE COFNSEL ENGAOED. Attotneys Everett Warren and A. A. Voshurg hnve been encaged ns at.soci.ito counsel to aid City Solicitor McGlnley In the Provldenco pavement equity proceed ings. Tho ccmmlttee nppolnted nt Tues. day night's meeting ot the property own ers met yestrrdny morning In the oll'ces of tho Scrar.tcn board of trade. All tho committee were present. William Chap pell, chairman; 'W. B. Christmas, D B. Atherton. P. J. Jordan and Edward Bod erlck. They lost no time In engaging counsel to (if sit tho city lollcltor. The answer to the bill In equity, filed recent ly by the objecting property owners, will probably bo ai.swered by the city sollc. Itor tomorrow. Saturday Is tho last day he hus for that purpose. OPEN ON SUNDAY.-Tho arrest yes terday of two barbers for shaving cus tomers last Bundny, Is tho first rndlenl step of of tho organization of Scranton barber) to prevent work by their craft on tho Sabbath. Several meetings have ben held recently with tho result that nu agreement was made by nearly all of the proprietors to keep closed on Sunday. D.ivlri Ttnhr.r n l.nrl.Ai. It. r'T)ln'u Un .. In tho Hotel Jermyn. and Philip Gerher. i'..i.in'iui in a snop on j'enn avenue, were arrested nnd arraigned before Al derman Kasson veulerilnv. T-'rinh nlr.nri.wl guilty and was released on payment of n me ui t Hnu mo costs, opeciai uillcer Mink nnd Fred J. firnuer, a Spruce street burlier. ranei.(leeU. nrn.M.ntn.1 ll,A.Ba They acted for tho Barbers' organisation. CAN READ BIBLE IN PUBLIC SCHOOLS JUDGE EDWABDS GIVES HIS DE CISION IN WAVERLY CASE. Tho Rending of tho Blblo in tho Pub lic Schools, Without Comment, in This Stnto, Where Christianity Pervades to Such an Extent Its Laws, Customs nnd Institutions Is in Derogation of No Constitutional Principle and Is Not Sectarian In struction. Judge Edwards handed down nn opin ion In tho Wnvcrly school case, yes terday, deciding that there Is nothing In the law to pi event tho rending of tho Bible In the schools. He coes into the question In detail, discussing the matter In Its every Phase, and cstnbllshlnr what will doubtlessly bo accepted by the courts of last resort as the law on this point for the future. The opinion Itself contains a history of the case and the contentions of tho parties. It Is appended in full: Tho bill of complaint In this case when Hied was only against F. O. Han yon, principal of the public school of Waverly borough. The bill In sub stance nlleges that tho principal con ducted religious nnd sectarian exer cises during school hours according lo the form of worship usually followed by tho Methodist Episcopal church, Including the reading of portions of King James' version of tho Bible, with out authority from tho board of direc tors and In violation of tho constitu tion of the state. Tho defendant de murred on the ground that the plain tiff bad failed to Join the directors of the school district as defendants. An additional ground of demurrer stated that the plaintiff's bill taken as a wholo did not disclose any legal cause of complaint which would entitle him to equitable relief or justify the Inter position of the court. Plaintiff's counsel, evidently Im pressed with tho force of the objec tion that the directors had not been made parties to the case, amended tho bill, by adding tho names of four of the six directors constituting the Waverly school board, as defendants, and repeating the substantial aver ments of the bill as originally filed. The demurrer and the amendment were filed the same day, the demurrer being first In point of time. In this condi tion of the pleadings tho case was argued before my colleagup, Judge Gunster. The allowance of the amend ment removed tho objection as to the want of proper parties and loft the de fendants In the position of admitting nil the allegations of the bill nnd the amendment. This was the effect of their general demurrer, nnd It was under these circumstances that the ease was argued. In the light of the evidence tnken before mo on the final Hearing or tin case. It appears now that the defendants by their demurrer admitted much more than the plaintiff was able to prove. As the case then stood 1 agree with the disposition made of It by my colleague, except that the Injunction might have been modllled so far as to allow the Bible to be read in the public school of Waverly. After a careful consideration of the evidence and of the arguments of coun sel, and after an examination of num erous authorities In this and other states, I now proceed to formulate the conclusions I have reached. FACTS. I. F. ('. Hanyon, principal of the pub lic school of Waverly borough, assist ed by the other teachers, for several years previous to March, 1893, opened the school every morning with certain exercises which the. plaintiff claims are objectionable. There Is very little dispute in the evidence as to the na ture of these exercises. After tile call ing of the roll, the pupils Joined in singing; then the principal, or one of the other teachers, read n portion of the Holy Scriptures, sometimes alter nating with each other, and nt other times nltenlatlng with the pupils, the teacher reading one verse nnd the pupils responding by rending the next, the reading exercise generally dosing with a repetition of a Psalm or of the Lord's prayw, or both, by the teachers and scholars In unison. Following the Scripture reading, ubout ten minutes more was devoted to singing. The version of the Bible used was that of King James. The selections were gen erally from the Psalms, and occasion ally from tho Gospel of St. Matthew. It Is unnecessary to enumerate them here. The singing book used Is entitled "Happy Hours," "a collection of songs for schools, academies and the home circle," and was furnished for the use of the school by the school directors. This book is a collection of patriotic and miscellaneous songs, several pages at the end containing hymns and hymn tunes, such as the Portugese Hymn, Morning Prayer, Dennis, Duke Street. St. Thomas, etc. On account of the familiarity of the pupils with these tunes they were often selected, and for the same reason other songs were sung occasionally, such ns "Bringing In the Sheaves." "We Will Never Sav Good Bye In Heaven," and "Blessed be the the Jxair ist&luf a great many men and women are looking for ; help against approaching baldness; help against Whitening locks ; help to restore the lost gloss to the hair; help against fading tresses ; help for the scalp attacked by dandruff. AYER S HAIR VIGOR offers just such help. It restores gray or faded hair to Us original color, gives it length, thickness and gloss," and removes dandruff. " My hair was rough nnd broken nnd began to fall out. The uso of but or.a bnttlo o( AVf.R'sBAIR VIOOK both checked the falling out nnd rendered my hair smooth, glossy nnd in splendid condition. It is the finest of dress. ujgs."-Us. F. L. SMITH, Silver Creek, Miss. "Some vears aero mv hair began to fall out anil I became quits bald, lly ndvlceltrlca and very soon my hair ceased to fall out and a new and vlgorout growth made its appearance. Mv hair In now abundant and glossy." TBOS. DUNN, Kockvllle, ,v !;. Jrfeip for i PH 13P iaor Name." It appears that tho reading of tho Scriptures was without note or comment, nnd that there was no con straint or compulsion upon tho pupils to participate therein. II. No official nctlon was taken by the school board ns to the chatacter of the morning exercises In tho school, nor as to tho reading ot tho Blblo In any version until Murch 1, 1SD"i. On this date, nt a meeting of the school board, a motion to adopt tho nible ns a text book In tho Waverly school was lost. A motion was then made that the teacher bo Instructed to rend tho Bible In the school at the opening exercises In the morning. This motion was amended to thu effect that tho teach er bo Instructed to proceed In the mat ter at his own discretion, and thus amended, tho motion was carried, it Is evident that tho custom of reading the Bible in tho school as a Part of the morning exercises had been tacitly recognized by the directors, although It received no olllclal sanction until March 1st, and the action of the board at this time lodging the mntter In tho discretion of the principal virtually left the question where It was before, with the additional feature that the practice was approved by the direc tors. The bill of complaint In this case having been filed March 10th, 1S95, and tho opinion on tho demurrer having been announced April 1st, It muy be contended that the record of the pro ceedings of the board of directors had April 4th would not be evidence. It was ndmltted because It tended to throw some light upon the position of the board In the past as to tho mat ters referred to nnd was a fuller nnd clearer statement of the attitude of the directors on the main question In the case. It Is Important to remember nlso that the final hearing of the case was on May 23, ISO.". At the meeting of April 4 Mr. Stevenson, the plaintiff, a member of the school board, made a motion that tho secretary bo Instruct ed to Inform the teacher that he must discontinue the morning devotlonnl and religious exercises, the singing of devotional or religious hymns and the reading from King James' version of the Bible or any other version of the Scriptures In any way In our public school, either during school hours, or before or after such school hours, and that ho request all persons visiting or addressing the school to avoid speak ing upon or discussing subjects relat ing to religious matters, or to exist ing political parties. This motion failed and the follow ing motion was carried: "Hesolved, That we, ns a school board, do not believe nor understand that Professor Hanyon Is offering to tho puulls of Waverly school any sectarian or de nominational teaching, nor In the open ing exercises of tho school violating nny provision of the constitution of the state of Pennsylvania or nny law of the state, nor the spirit of tho opin ion of Judge Gunster In the Waverly school case as handed down on Mon day. April 1; and we request him to continue the rending of the Scriptures without note or comment by himself or others in the opening exercises In the school ns heretofore, and to bo careful lo observe the opinion of Judge Gunster In regard to sectarianism and denomliiatlonnllsin In the school." III. It was the custom In the Waveilv school, as In other schools, that wbeii strnngers, especially public men, visit ed the schools, to invite them to ad dress the scholars. It appears that In December. 1834, a minister of the Gos pel was one of the visitors and he was requested to make an address. He prefaced his remarks with a prayer and made an address of a religious character. At the close he asked "all who were followers of Jesus to raise their hands." At another time it min ister of nnother religious bodv spoke on the use or the cross In the Catholic faith. Such themes are undoubtedly proper subjects of Instruction In the proper place, but they are not suit able In an address lo the scholars In .1 public school. They seem out of place. The speakers committed, ns It were, a breach of privilege. Neverthe less these few instances were Isolated and exceptional. The Indiscretion of the speakers cannot be charged to the principal or lo the school directors. The evidence sustains this statement. IV. The only nllegatlon In the plaintiff's bill of complaint that is sustained by the evidence Is, that the principal o'f the ptiblk school of Waveily, with the approval of the school board, permit ted the reading of portions of the Bible, in the version commonly known ns King James, as a part of tho dally opening exercises of said school. All the other material averments of the bill fall for the want of sufllclent evi dence to sustain them. CONCLUSIONS OF LAW. I. The leading of the Holy Scriptures. In either version, ns a part of the opening exercises In our public schools does not violate any constitutional pro vision. It Is not In contravention of Article I, section .1, nor of Article X, section 2. II. The Injunction in this case should be denied and the bill dismissed. DISCUSSION. I. It mny be truly said that the decision in this case has been delayed much beyond the usual period of time In which our court disposes of cases that comes before It. The final hearing was in lbi:. A large amount of other press ing business, accumulating from term to term, bus Interfered with the case, and the fact may also be considered that, outside of .the parties Immediate ly concerned, there has been no urgent demand for an adjudication of the questions before us. But the case is In our hands, and like all other cases. It should be finally adjudicated. It Is worthy of comment and reflects creditably upon the good sense of the people of Pennsylvania, that although our common school system has been In existence for many years and that, as a general rule, in a large number of school districts throughout tho state, portions of the Holy Scriptures nave ueen reau as a part or tho dally opening exercises, nobody up to this time has tnken such Interest In the question as to securo a decision upon it from our court of last resort. Neith er have the courts of common pleas been called upon to decide the ques tion, as far as we can ascertain, ex cept In one Instance, viz; In Mercer county. In the case of Hart, et al. vs. the School District, etc.. 2 Lane. Law Bevlew, SIC, In which tho judge writes an elaborate opinion, his views coin ciding with ours. Nevertheless, a ense of this kind Is Interesting nnd Important, especially as a study of the principles of govern ment so far as they relate to the Indi vidual lights of citizens. The ques tions Involved have pioduced a wldo variance of opinions nmong learned men. Eminent judges and appellate courts have reached different conclu sions; the resources of ripe scholar ship with the keenest logic nnd the most elaborate research have been dis played and used In the elucidation of these questions. II. The sections of tho constitution which tho plaintiff claim are being violated by tho reading of tho niblo in the public schools are the follow ing: Article I, section 3: All men have a natural and Indefensible right to wor ship Almighty God according to tho dictates of their own consciences; no man enn of light bo compelled to nt tend, erect or support any place of worship or to maintain nny ministry against his consent: no human author ity can In nnji caso whatever control or ir. erferp with tho rights of con science; und no preference shall ever bo given by law to any religious estab lishments or modes of worship. Article X, section 2: No money L LET 3: TMr mmmmmmmmmmmmmmm III 1L WILLIAMS & o- lap Wy online. raised for the support of tho public schools of the commonwealth shall be appropriated to or used for the sup port of any sectarian school. The objections may be thus briefly stated: (1) The reading of tho Bible In the public schools Is In violation of the lights of conscience; (2) It In volves compulsory support of a place of worship, and CO. It Is sectarian In struction. III. We shall only Incidentally discuss the first und second objections. The first was not strenuously urged upon us by counsel, although we deem It worthy of great consideration, and the second Is untenable on any reasonable grotind. The third Is the objection which Is the subject of the most serious contention. We shall not consider these objections seriatim, but shall brlelly state some of the general prin ciples which underlie and ought to control the decision of the question before us In the light of Pennsylvania jurisprudence, IV. It must be considered that Chris tianity, which Is the religion of the Bible and the Bible Itself, occupies a unique position in the eaiiv and sub sequent history of Pennsylvania. In the year 1700 It was enacted that "Whoever shall speak loosely thereof and profanely of Almighty God, Christ Jesus, the Holy Spirit, or Scriptures of Truth, nnd Is thereof legally con victed, shall forfeit and pay five pounds and be Imprisoned for live days In the house of correction." This law in substance Is In force to day. When a case Involving the appli cation of this law was before the su preme court In 1S2I, I'pdegrnph vs. Commonwealth, 11 S. & S., 81'3, It was then declared that Christianity Is part of the common law of Pennsylvania, and that to maliciously vilify the Christian religion Is an indictable of fence. Justice Duncan says: "Chris tianity was one of the considerations of the royal charter and the very basis of Its great founder, William Penn; not Christianity founded on any par ticular tenets; not Christianity with nn established church and titles nnd spiritual courts, but Christianity with liberty of conscience to nil men. William Penn und Lord Baltimore were the first legislators who passed laws In favor of liberty of conscience, for before that period the principle of liberty of conscience appeared In tho laws of no people, the axiom of no government, the Institutes of no so ciety and seriously In the temper of any man. Kven the reformers were as furious against contumacious eriors as they were loud In nssertlng the liberty of conscience. And to the wilds of America peopled by a stock cut off by persecution from a Christian society does Christianity owe true free dom of religious opinion and religious worship. Clnistlnnlty Is part of the common law of this stnte. "It Is not proclaimed bv the com manding voice of any human superior but expressed In the calm and mild accents of customary law. Its founda tions are broad and strong and deep; they nre laid In the authority, the In terest, the affections ot the people." This broad declaration has been mod ified In subsequent cases, We shall only refer to a few of them. In Har vey vs. Bides (1S19), 1 P. & W.. 12, Justice Gibson uses this language: "Christianity has been Indefinitely said to be n part of the law of the land. The law undoubtedly avails It self of the obligations of Christianity ns instruments to accomplish the pur poses of Justice. Christianity is Indeed recognized ns the predomin ant religion of the country, und for that reason nre not only Its institu tions, but the feelings of Its professors guarded against Insult from reviling or seofllng at Its doctrines; so far It Is the subject ot special favor. But further the law does not protect It." Again In Molmey vs. Cook (IS".). 2fi Pa., 111!!, Justice Lowrle says: "The declaration that Christianity Is part of the law of the land. Is u summary de scription of an existing and very ob vious condition of our Institutions. We nre a Christian people, In so far ns we have entered Into the splilt of Christian Institutions, and become Im bued with the sentiments and princi ples of Christianity; and we cannot be Imbued with them, and yet prevent them from entering Into nnd Influenc ing, more or less, nil our social In stitutions, customs and relations, as well as all our Individual modes of thinking and acting. "It Is Involved in our social nature, that even those nmong us who relect Christianity, cannot possibly get clear ot Its Influence or reject those senti ments, customs und principles which It has spread among the people, so that, llko the air we breutbe. they have become the common stock of the whole country, and essential elements of Its life. It Is perfectly natural, therefore, that a Christian people should have laws to protect their day of rest from desecration. Begardlng It as a day necessarily nnd divinely set anait for rest from worldly enjoyments, and for ! the enjoyment or spiritual privileges. It Is simply absurd to suppose that they would leave it without any leg islative protection from tho disorderly and the Immoral." Also In JielBwelss vs. James (18T0), Continued on Page 8. j O Artistic Interior Decorations. O & THEM BREAK I When you buy one of our open stock Dinner Sets, you can re place broken pieces at any time. You need not buy a whole set, but pick out such pieces as you need. We can save money for you. Millar & Peck, wm "WALK IN AND LOOK AROUND." Fall Novelties In Wall Paper Carpets and Draperies Lowest prices consistent with reliable goods and good workman ship. HcANULTY, no Wyoming. - THIRTY-SECOND NATIONAL EN CAMPMENT OF a. A. R. AT CIN CINNATI, O. Reduced Rates via Pennsylvania Railroad. For the thirty-second National En campment of G. A. It., to be held at Cincinnati, O., September u to 10. 1S9S. the Pennsylvania Ballroad company will sell excursion tickets at rate of single faro for the round trip. These tickets will be sold on Septem ber 3, 4 and 3, nnd will be good to leave Cincinnati returning not earlier than September C nor lntter than September 13, except that by depositing ticket with joint agent nt Cincinnati on Sep. tember 5, 6, 7, S or 9, nnd on payment ot twenty-five cents, return limit may be extended so that pansengcrs may remain at Cincinnati until October 2. CASTOR I A For Infants and Children, The Kind You Have Always Bought Boars tho Signature of Z Did St Rain? Well, a Little. Get Wet? Weil, I Should Whistle. Umbrella Broken If it is bring it to us and we will repair it at once. We can repair or replace anything from the frame to the button on the strap. FLOREY & BROOK 211 Wasiiinloi An Court House hiua:o. XTRA FANl Colorado Rocky Ford Cantelotipes, very sweet, fine flavor. Peaches for Canning this week at Pierce'sMarket Chas. On l. Swift, (Ico. Al. llullst-a J, l!dvv, Swift, C. II. Van llusklrk. SWIFT. MALLSTEAD &CO Insurance Telephono Number, 4SU2. RoomjoG Conned llulldlng, Scranton, WILSON-FALL, '93 BROWN or BLACK rilkUli DIMENSIONS. Tho kind that Isrully enarnnteed. Ilytlm. we menu you cun bae number lint witliout cost If It doe-i not give entire H.itU'uctlou, CONRAD, :U5 Lacka, Avenue wfdt wtf'&r- JMa SELLS THEM AT $3.00 WASH Made of the best tin, has cop pered bottom, with cover, any size you want, No, 7, 8 or 9, well worth 75c to $1. Fortius week they go Afr quick at .... T-yC And a Wash Board That can be used only on one side, true, but it is the best of zinc, in a good strong cedar frame, well worth more -t r than our price, . . I UC Galvanized Wash Tub Would be the next thing in order. Try one and you'll buy no other. The largest f.An size this week is but. . Ot"C Clothes Lsne so feet long, braided and made of the best Sea Island o cotton, arc here at . . OC Mop Sticks Spring catch for Mop, never slip. Sold at 10c. - Now C Broom No. 6 size, 3 sewings, j c worth 19c, are . . flUC THE Gim 4c. STQR 310 Lacka. Ave. JOHN U. LA I) WIG. BEFORE YOU BUY STOP AT (and look at the stock- SCRANTON CASH STORE 126 Washington Ave. Steam and Hot Water HEATING Gas, Electric And Combination FIXTURES Electric Light . . . WIRING Charles B. Scott, 1 19 Franklin Ave. The Standard ElectricClocks No Winding. No Springs. No Weights. No Repairs. No Trouble of Any Kind. At Small Cost. SioiiStoOieoisiii. ON UN -V lU'NMNfi IN M'ltAN. TON HAVINliS HANK SINCK UK CK.MIIi: I.AhT; VAItlKS ONljIf AUOL T ON V. HKt'ONI) A WKKIC. Mercereati & Connell, riolo Ajonts for tills Territory. TIIK I.AIlOKSr AND 1'INKST STOCK OI- CLOCKS, WATCH IN, JKWl'I.KY A.VI) hlLVUKWAIIi: IN .NOltTllUASTt-aLV l'KNNSVl.VANIA. 130 Wyoming Ave 1111: ill Pleasant Ooal At Retail. Coal of the beat quulity (or domestic uso nuil ot all alzea, lacludlni; Uuclcvbe&t uml lilrdboye, delivered In uny part or tlia city, at the lowest price. Orders received at the olllce, first floor. Commonwealth bulldlntr, room No. C: telephono No, 2624 or at the mine, tele phono No. 272, will bo promptly attended to. Dealers supplied at the mine. W. T. SA11TH.
Significant historical Pennsylvania newspapers