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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.