"'' "1ijl'' c THE SCRANTON T1UBUNE- TUESDAY, JANUARY 17, 1890. DR. 11. B. WARE, SPECIALIST. Eye, Ear, Nose aud Throat onicalloui .-Oa.ni to 12.30 p.m; 2 to 4. William ltulldllis. Opp. I'ostoflloe. tfSfr - -f -- -f 4- CITY NOTES -i ---- MKLTINt) T1IIB AKJ'UnNOON.-Tlie Ccutiul Woman h L'urlhtl.in Tumpiraticu union will tin it this tifuinubn nt 'f o'clock In lliolr joiitu, ovui (Ji i'tnsij'8 music store. Ilverj one Intircstcil la invited. TOX riNKU V "Abe" I'ox. the mm whom tin' police found drunk ami asleep iimoiiK a lot of wricked furniture In the I'nlon Trim-tir nlllte on 1'intiklln ave Iiud .S.itiudn nit lit, was flnul y In police loutt jcitirday. iti:.Mi:.Miii:iu.i) j in: iiovin-Tne monnRi'in ui the llnini' for tlm I tlenl hss Kr.itefullj .ichnovvledm a Rem runs donation fiutn the Urotn Hideo I'resbj trrlnn church ictmNtliiK of canned fuilts, piocfrli., veKetubles '.lothlnir and storv books. ornc-nr.s HK.i:u:"rnD-At n re.?. U'ai ineotllin' hi'ld Tildii) of the l.icku v. anna Hardware company cllieitors, tlm o '1 Hull of ufllt ith wan cltten lor nn otlici term. Tlin uii-: cliuiles SohliiKir, 1 resident, W. C. iwle, ko prosldent, II. A Ktilli', secretar.v and trcisuiu. orriouHS i:m:cti;u.--tiu- su-anton IIIrIi .-iliool Athli'tl' nsMnlatloii lias Ucitrd tlio following ntllrers: John A. llotnn, loot liall inuu.ihct Cliuenie Do lov, fool ball captain . Welseiilluh, manarer of li iel' learn William Welch, cnpttiln ol truck leair4 Hairy Rose, liaso lull nutmitfcr; Ki'gciu Ttopp laptaln rf bare ball team rf.NT.lt h Or "Milts J1YIHSS The fu nral of Jlr nil? llielh Mwr will take place from the ti.drm of In r hid, la wood Mvrrx 1"U I'lttslon avenue, this nfternoon p' 1 nVloi's. S.lies will lie i (inducted by (lie Kcv. 1) r Ilotv. of the (.'ed-ir Aenuo MotlinilN Lpisropil rhnrtli. and lte. Jl' Al'li h, of the (Irnce ItefoitiiPd ihurih Intiiment will bo made In Imnmoro icincttij. rtvi:iiAi. iii;i.n vi:sTi;i;DAY-The funeial of Mr ,!olm Noweomb took place from lur home, in West Cntboi Mreet, vesterikr tannine A ma f re quiem wax if lei inted at hi. l'elei's eathe. drnl bv Kcv. l. .! Mac Uoldriik. Tlio pall-beams win John J. lillrov, lld vnrd nuft. Tliuinai JI. Hale, L. II Ull roy, John Miiph and Jlaitln tlerilty Tlio Internum was made In the Cathe dral wnutii) PltACTlCAL nnMDNSTUATlOX A pi.utltal dunonsti.itloii of photoiiriiphii' v orlc flora pnttli'i; the plite in the hold ir to m.ikhiK the Unwind print, will be nivcn oiiTues.layfiM riiips dining J.innaiy nml IVbruan -it the ioom of the Scran ton t'amera t'ub, 421 l.ael iwaiina ae mic. The llri-l dtmontratlon will be kI ou tomorioiv cenlnR by Louis Alkn Osboine pu side nt of the club Amaleu.-pbotofe'rai'lier-j aio lnvlt d to attend TONKJHT'S Jli:irriNfi-Tli lesulnr weikh inettlnir of the Catholic Histor ical sodeti will taki place this eenlnff at their rooms iu llu new Guernsey luilldliiK. Tlio papcit. to be pusentcd will be some oi htinjl uioi on the "Iloss In lilue," l. Miss Ulna Lanyan; "An ahsU of Hie Nineteenth (Vnttirv and ontmparor tie',i, b Jlis Lucy Ilopir. On .l.in :!! the t-pcclal paper tor the e euliitf will be 'Tlio List Word About tin (Imipowdi Plot" to bo lead bS 51K' Annie lloban OnTuesdu Jan M, tile ilitii. triiliiK Wll bi deotcd to a card party and dancing. UAID OV OXMlTTlXi; MACHIXHS J Mill (.'hi roll, .Mm Clinton l'rcd Durr Viilllp ('o.Mio, riiink "Mailman, Helm Ma boney. P. 11 Dm kin and D. W. Vaiisban "ro (iiiostpd M'st.'idai on wanant K-s-ued bv Aldeimaii Itilddv of the Twen-fi-tli wind. The w. le chained In Jam's MiOieer and Plank .MmllKan with kctp ln at their tohtaurant on Lackawanna inunue KinnblliiR machines Attornej M 1 Conioy at tho heaiim? last nlsht pleaded foi the hoteliren. Attiiuuy Jo uph JelTie mipearnl tor the pro'-eeutlor Messrs. Vaui.'haii and Dm kin weie not present and will be aralt'iied tod.n. Sir. Dm i was tin only delendant held foi couu CHILD'S SUDDEN DEATH. Coroner Koberts Wns Notified and Made tin Invcstication. Tlcinlip Mav Pi obi it the thice-eai-old daiiRlitei of Mi. anil Mrs. Wl'llian Probeit, of Tnlm died suddenly yes teida nioinlny; wlthoul having atten tion ft om n pliyskinn. A eetiillcaio of deatli could not bo Issued and Coionei Jtobeits was notl lled. An linctUatlon .showed lilni Hint death was due to incmbinticous uoup, and he ileeidcd an inqucHt un neci'isarj What the Result May Be. Any eoiiKli neglected inu sap the strmigtli nml undetniiiip the health un til ieeovel Is Impossible. Coughs and (old leads to lunir tiotible If not Mopped in time Tnko Di. Alexan dei'H Luni? If nlel. It Morn that cough, (inefi that 'ild, strengthens the lung., and pi events (oimiinptlun Ask for It rind lake no othei AH denlets soil It 01 2."i cents a bottle Shoe Clearance Our shoes are of famous goodness as well as everjr otie kuows. Once a year comes the chance of buying them far below value. We carry no winter goois over into the spring season hence this Clearance Sale. It starts today. Just the proper styles aud shapes iu shoes for women, with heavy soles; j? AQ I 410 SardC3 Stmt. I 11 FOR CANDIDATES FOR HIGH SCHOOL FIFTY QUESTIONS PREPARED BV PROF. HOWELIi. QueBtions Not Thoso Which Havo or Will Bo Propounded to Applicants, but Wore Proparcd as a Matter of Information for Parents, Prospect ive Pupils and Others Who Mako Numerous Inqulrios as to How Much a Pupil Has to Know to Gain Admission. Fifty questions, calculated to ieeal the eligibility of candidates for admis sion la the high school, have been prupaiod by Superintendent Howell. The uuustlons at u not those which have or will ho ptopounded to tho applicants, but weie piepared as a matter of In foimatlon for parents, prospective pu pils and others who make numerous in quiries as to how much a boy or gill has to know In order to gain admis sion. Some of the questions ate easy for P'lMjus of mature jeat to answet ana some are dllllcult. At all events, they are full ot Intel est. Fol.owms are the questions: I. Wiito an essay of forty lines on "Tho Tiluls of a St4iit Car Conductor." -' Wrlto a business letter of not more than llflcen lines requesting a position with some mtrchant or firm In our cltj, In which some of jour qualifications for the placo are brlelly dcscilbcd. 3. A Iloxtun watch Is found to bo 4,i hours slow. To what city mny its owner hno tniMled' 4. hat is meant by tho S. G. ot ico? "i. The baltla of Manila began on May 1, at t o nock In tho morning. Had t'ommodoro Dewey been oblo to cablo at once to Washington, gle evict date and hour which tho government would hao received the dispatch, nllowlng one hour lor transmission. The longitude ot Ma nila Is I'JO degtces cast; of Washington, 75 degrees west. C. Of what commercial and political value would tho Nlcaraugua canal bo to tlio rutted States? 7. In 3SW Chicago, Philadelphia and San Fianclsco had a population of 112,172 Si! -034, ."OSOJ. resneithelv. and nt tho last census the lccoul was 1,0?9,S50, 1.0HUH1I, 23s.PU7. What was tho lato of increase in each cas-e' Mention the natural and the cnmmiulal reasons for tho uucqu il grow tli. Ni:W ENGLAND'S KNnilGins. S la what direction arc New England cnergks and wealth now turned? Why? ! To what political patty did each ai tho following men belong: Jcffotson, Dankl Webster, Patrick llcnrj, Abia lum Lincoln, l'. S. Grant. 10. A can build n wall in ten days. It in twelvo das, and C In llfteen days. On what time can tho thrco build it work ing together.' II. hat is the ihlet export of South ern llussla, Japan, South Carolina? 1.'. Illustrate what is meant by per centage in arithmetic, and mako three applications of the principle to business trnnsictions. in. Write the meaning of tlio following lines: "Alas! for him who neer sees The stars shine through his c press trees! Who, hopeless, lavs bis dead away, Nur looks to sco the break of ilay Across tho mournful marbles pla." II What languago Is generally spoken in the following cities- Patis, Ha vain, Athens, St. Petersburg. Vienna, Sh m ghal, Naples, Uerlln, Rio Jamlio. 1". Name one object which attracts travelers to California, (.'oUuudu, o mlng, Kentucky, J'gypt, Pome. Pi. Theio are foity weeks in a school viar and tea session-; in each week There are thlrtj-t,i lines in the Psalm of Life. If pupils committed to mem ory one line each session, how many poems containing as many llnis as tho Psalm of Life will they learn at school duiing tho jeai, tho schools being closed 1 per cent, of the forty weeks. J7. John Gr.n has promised to loan LMw.itd Howo $700 for six month!, at 5 per cent. Interet. Wrlto such a note ns should bo given. If tho money H loaned on the thst day of next Julj. is. AVh.it is meant by the Corn Pelt of the west, the Wheat Pelt '' Draw n cube seen to tho right and below the cjc. SO Tor 2-'l ot a yaul of broadcloth 'it $hj) per :iard, i"t yards of cashmere and SO cents In money wcie given in e change. What is the price per aid ot the cash'iipre.' causi; op tiii: ciiangi:. 21 Name the caue of tho change of seusons. If the eaith's axis were per pendiculni to the piano of Its oiblt, what would be the result on our seasons, and what would be the width of each zone? 2.'. Criticize and correct the following sentences, giving full reasons for every change made: Which ot the two do vou admlro most? Whoso there.' Will 1 biing jou a glass of water? Mrs Uyron called on sister ami X last week. Do ou llko thoso kind of apples" 23. Connect each of tho following namos with pomo noted ovent In tlio nation's history: John Paul Jones, Wlnlleld Scott, Klias Howe, David O. Farragut, Unbelt Young llavne, James Buchanan Kads. 21. Wtlto from memory a poem of four, six or eight stanzas, or somo classic prose 2". Glvo a complete and accurate de scription of the leaf placed In your hand 2ti Wilts a short essay on mountains 27. What value Is tho Wdland canal the Illinois and Michigan canal? 2S. Namo thrco good books which jou read last e.r USUI). 2). Numo and loeato five of the mo't Important cities In tho world, and give good teasons for our opinion in nam ing them as such. 3ft. What Is clew, rain, hall, snow "" 31. Dinvv a picture of vour shallow at noon in June, September, December April 32 Are vou aw imperialist or a non-lm-perlallst" S3. Had Washington lost his life dur ing tho war who, In your opinion bliould have been appointed commander-ln-elier 31. Did jour father ever voto for a president of (he United States" What do you mean by an P.lcctoral College" 3,i. What is tho effect of adding tho sanio number to bolh tonus of a frac tion Piovd your answer.! with a propu and on Improper fraction. MILITARY PRESIDENTS. '.A What men havo bten made presi dents chletly on account of their mllltaiv achievements 37. Designate the tcnltnry which has been added fiom tlmo to time to tho thirteen original states, Including our most recent extensions. 3s Which will glvo moro water, ono slxdneh plpo or two three-Inch pipes? 39. Namo five men prominent on tho confederate sldo In the Civil war. 40. Whut Is tho depth of the rall-fal' In this latltudo oveiy season? What is a hydrometer' 41 Give thp principal parts of the verbs swim, sit, hang, see, write, slow chose 4? Wrlto tho plural ot the following words: Miser, chlmnov, Index, focus, Mlk8 Jones, mid, thiee, woman, scissors, ashes. 43. Write the feminine of nephew, hero, executor baron, benefactor. Paul. 41 Compnro happy, near, wone, straight, lcund, beautiful. Vj Write a sentence of at least ten words and numo every part of speech tired. 4i TaKo a boat load of wheat from Du luth to Odessa, nnmlng each body of water thiough wh'cii the boat would i puts 47. What Is tho ratio of llvo gallons to thrco plnls7 43. Spell tho following words: Business, mortgage, Judgment, benefit, poison, grammar, welcome, catalogue, icicle, rec ommendation. 41, What aie tho qualifications for a voter In this state; for tho president of tho United Stales? M What provision lias nntitro mado for reducing tho tempornturo of the body and so prevent It from becoming excessively heated? Whit Is the normal tempera turo of tho blood? What Is the proper temperaturo for a study room? WANTS AN INVESTIGATION. Dolawnro and Hudson Will Havo Olyphant Accounts Audited. Attorney Herman Osthaus was yes terday appointed auditor to ascertain the amount of the Indebtedness of Oly phnnt borough. The appointment was made on the application of the Delaware and Hud son Canal company. In Its petition It Is set forth that on May 27, 189S, the court ordered a special levy of five mills yearly for a period of six years to pay tho outstanding Indebtedness of Olyphant. Apparently tho Delaware and Hud son thinks the levy was not wholly necessary and w antes an attorney to Inquire thoroughly Into the matter. OFF FOR INAUGURATION. First Battalion of the Now Eleventh Regiment Left Last Night for Harrisourg Weather Was Unpleasant. I'or tho first time since lust lear a body of uniformed and armed soldiery appeared last night on Scranton's stteets. Thiough a drizzling rain the Flist battalion of tho new Eleventh regiment, led by Pallet's band.matchcd from the armorv on Adams avenue to the Delawate, Lackawanna and West ern depot and boarded a special tiain for Harrlsburg, where the regiment will today take part In the ceremonies attending the Inauguration Governor W. A. Stone. Wet and ellsagroeabl weather probably accounted for tho absence of any laige crowds on Lacka wanna avenue or ot more than two hundred persons at the depot to give the bojs a send-off. Companies D, O and K, of this cltv, and L, of Honcsdale, reported at the aimory between 8.30 and 0 o'clock When they left the building nt 10 o'clock the men were In heavy march ing ordei, batrlnrr knapsacks md blankets. They vvoie overcont3 and legglns. carried the new type of Spring field rllle and looked like anything but law soldiers. The battalion was in Im mediate command of Captu'n Jamea O. Dlmmiek, of Company K, the senior captain, who will serve In that capac ity until the regiment comes home. He selves In place of Lieutenant Colonel Milton A. Gherst, of Lebanon, who is absent on leave. The companies were officered as fol lows: Company D, Captain riomont Stokes, First Lieutenant i F. Pross, Second Lieutenant F. A. liranda; Com pany G, Captain W. A. Itaub, First Lieutenant D. W. Davis, Second Lleu tenunt Robert W. Cooper; Company K. First Lieutenant J3. M. Go. Second Lieutenant George Wirth, Company L (Honesdale), Captain D. C. Osboine Fiist Lieutenant Frank McMullen, Sec ond Lieutenant Grant W. Lane. Following nto the names of Colonel AVatres' stafi of officers, all thoso who reside in Scranton leaving here with the battalion last night, tho others le poiting in Harrisburg1 this morning Major 1. Rush Field, Katon, com mand"r Third battalion. Mnjor A. II. Raber, York, commander Second bat talion Adjutant D. B. Atheiton, Scranton, Quartet master F. M. Vnnd ling, Scranton- Lieutenant Rees Wat kins, Scianton, Inspector of tlllo prac tice: Major W. F. Riley, Carlisle, sur geon; Lieutenant F. F. Amdt, Scran ton, assistant surgeon. Lieutenant George II, Coone, I'ottsvllle, assistant surgeon; Captain Charles Schall, Fas ton, chaplain. Accompanying the staff were Major W. S. Millar, of Scranton, Third bilgads inspector, and Major George Whitney, of Honesdale, recent ly appointed to tho staff of General Mngee, commander of the btlgade. Following aie tlio names of tho non commissioned staff. Sergeant Major 12. II. Ridgevvay, Hatrisbuig, Quatter inaster Sergeant V. AV. Huston, Har lisbuig. Color Serjeant O. A. Slcklet, Scranton. Chailes H. Rloueh, Leban on, hospital steward, K. D. Richards, Scranton, principle musician. Six passenger coaches and a baggage car composed the trnln which went via Northumberland whore It was to he run over the Pennsylvania tracks to tho capltol. In Hatrlsburg the Scranton battalion will bo joined this moinlng by the oth er two battalions at tho quarters se cured by Quartermaster A'andllng, a rink on Chestnut stteet near the Penn sylvania depot. Thero coffee and sand wiches, through Colonel AVatres' fore sight and generosity will be on tap during most of today, although each man had been directed to take with him one day's subsistence. The nature of the letuin order? wero not known when tho battalion left Scranton, but all the soldiers In Har risburg will probably bo started homo befoie 2 o'clock tonight The Wllkes-Darre Record can be had In Scranton at the news stands of Reis man Pros, 404 Spruco and C03 Llndsn "Vcct. Mac, Lackawanna avenue. lYaustNalp Do not worry about the falline of your hair, tho threatened departuro of youth and beanty. And vt hy ? Because, if there a spark of life remaining in the roots of tho huir, icrs h. will arouse it into healthy activity. Tho hair ceases to come out i it be- : ... -.i a.. i . fciun iu t;'un, nuu mo K'ury oi your a juuuuitiiwcuwjuu, ibwiiiaiso a euro uauaruii, maKo a ncn growtn, and restore color. $1.00 a bottle We have book on tho Hair aud Iti IHce. It li free, , Tho DoalAdvloo Frch. If you do not obulu til the benefits you ejpectfil from the mo of the Visor, wrlto tLo Doctor about it. Addren. VU. J. O. AYr.lt, Lowell, Mai SUPERIOR JUDGES HEAR GIBBONS CASE EVINCED MUCH INTEREST IN ATTORNEY'S ARGUMENTS. Espocially Attentive to Mr. Burns' Contention That tho Election Board Is tho Court of Last Rcsott Mr. Palmor Argues That tho Judges Had No Right to Interfere Mr. Holgato and Mr. Hamilton Attack Suporior Court's Jurisdiction in the Case Undor Consideration. Arguments In tho Gibbons contempt of court case were heard In tho super ior court yestetday when It began Its second week's session at 2 o'clock p. m. I. II. Hums and Hon. II. AV. Pal mer, of Wllkes-Uaire, appeared for the appellant, and the opposition was rep resented by It. II. Holgato and J. J. 11 Hamilton. All four attorneys were heard and their speeches consumed nearly three and a half hours. The case came before the superior court on an appeal from Judge Arch bald's sentence committing John Gib bons for contempt of court In refusing to answer certain questions In tho Kelly-Langstaff election contest. There was also to be disposed of Judgo Smith's writ of habeas corpus by which Mr. Gibbons was leleased. This was made returnable last Monday, but avo3 set over to come up yesterday with the appeal. Judge Rico brushed aside all eiuestlons as to the regularity of the proceedings by which tho case was brought up by announcing that both the habeas corpus end of the case and certiorari, or merit of the case proper, would be heard together and at that time The Judges not having had time to peruse the paper books in the case, Mr IJutns, at tho request of Prosldent Judge Rice, gae a brief history of it from the beginning to the present. HISTORY OF CASE. Briefly stated It is as follows: Mr. Gibbons lefured to answer certain questions before the election contest examiners on the ground that they did not deal with the matter at Issue, the treasurership tight. The matter was certified to Judge Archbnld and he di rected that the questions be answered Mr.Glbbons was again put on the stand and as his answer stated generally that he had not been guilty of any of tho offenses foibiddcn by Sec. 8, of Art. of the constitution, specifying the ciual iflcation of voters. He refused to answer In detail the questions as to whether or not he had tecelved money fiom or paid money to this ono or that ono and in this he was sustained by one of the examiners, Mr. Duggan, who, It later developed, had not been Informed of Judge Archbald's ruling. The- specific questions asked of Mr. Gibbons and his tefusal to answer them were certified to Judge Archbalel and he directed Mr. Gibbons to make an swer specifically. Mr. Gibbons de clined again to answer, stating In ad dition to his previous reasons that he refused because his answers might tend to incriminate himself Mr. Gibbons was thereupon adjudged guilty of contempt of couit and com mitted to Jail until such time ns he would obey the couit's mandate. Foith wlth, application was made to Judge P. P. Smith, of the superior coutt, for a wtlt ot habeas corpus and at the same time an appeal was taken fiom the judgment by which Mr. Gibbons was committed. The following day Judge Smith gi anted the writ and made the matter leturnable to this ses sion of the superior coutt, dlieetlng, also, that the lecords of the case be certified to this session. MR. BL'RNS' 4,RGUMi:XT. Having thus briefly stated the his tory of the case Mr. r.urns proceeded with his argument. He began by call ing attention to the fact that the court below hail passed Judgment on Mr. Gibbons without a moment's consulta tion, virtually saying by this action that his arguments hnd no met It what ever In them. As an answer to this he would present, he said, in tho na ture of a part of his argument two let ters tecelved ftom John G. Johnson, of Philadelphia, the lecognlzed leader of tho Pennsylvania bar, whoso services he had endeavored to enlist for the up pellant. The letters read as follows: Dec Jl, isas. I. IT. Burns, csej My Dear Sir I sent jou a telegram this morning with regret, stating my in ability at any time during tho next three or four weeks to clear my engagements, so that I could havo a day at Scranton to argue jour case. I think jour position is sound as regards the right of tho election court to go Into tho ques tion of brlberj-. Very truly yours, John U, Johnson. Jan. II, lbO'J. I. H. Uurns, esq Mr. Dear Sli I have Just had a mo ment, boforo leaving for tlm tiain, to look over jour proof, which I return In order that you may bo ready with jour argument on Monday. I wish I had more tlmo to stato somo views which I entertain. I think, how ever, you havo handled tho subject very well. My Idea 13 that tho court In a contest as to who was elected to an or tlco cannot try as many Issues of fact concerning bribery as may bo ralseil against each voter who polled his vote. Tho duty of tho judges is to see wheth er the judges of election pel formed thlr dutj by doing what the law required. If this duty was performed, I do not see how it can be revised. AS TO FALSC IMPERSONATION. Of course In tho case ot the false Im personation thero can bo a proof of that, fact subsequently; but this is because (1 of tho fraud upon tlio election otlleers, and (2) becauso of the fact that tho vote was not of a person regulaily upon tho leglttry list. I think that cverv person upon tho registry lists Is entitled to voto unless beforo tho icceptlon of his vote some thing or other occurs throwing a duty upon the election olllccrs which they failed to perform. A'ery truly jours, John U. Johnson. If, as Mr. Rurrw claimed, tho court below offended him by virtually pay ing no heed to his argument, ho hud no like complaint to mako of the su perior Judges. Every ono of them, ex cepting Judge Beeber, Interrupted him with questions calling for on eluci dation of some point or a verification of their Interpretation of his position. Invariably Mr. Rums' rejoinder to questions ot this latter character was "exactlj', that's our contention" or words to the same effect. No pre vious case this tetm was accorded such close attention by tho Judges. Tho novel, and, at first blush, start ling proposition that the election board Is the court of last resort In tho mat ter of the validity of a voto was the Initial subject of Mr, Rums' argument. Section 8, article 8, of the stato con- I stltutlon, which stipulates tho qualifica tions of n voter, nays that nn election board must accept a man's vote un less he l challenged, nnd It he Is chal lenged, the voter need only make affi davit of tho charge upon which his vote Is challenged, In order to get hla vote In the ballot box. Tlin ONLY CAUSK. Tills Is the only clause of tlio con stitution dcnllng with this matter nnd as a consequence, Mr. Burns contend ed, John Gibbons not having been chal lenged nnd his voto having been ac cepted, It cannot bo taken out of tho ballot box, the constitution failing to provide any authority or means of doing so. The voto of John Gibbons being vnll.l, the questions asked were Irrelevant and Immnteiinl, tho court having no Jurisdiction over the question sought to be raised. Section 8 article S, Imposes a penal ty and not a disqualification. If this penalty Is not Imposed by the election board It cannot be Imposed at all, be causo tho constitution does not provide for any other means ot Imposing It. Judge Rice nskoel Mr. Burns If he thought the relevancy or lrrelcvnncy of tho questions havo any effect upon tho contempt of court commitment. Mr. Burns replied that If tho court has no Jurisdiction It certainly could not Inquire Into the validity of Mr. Gibbons' vote. Continuing, Mr. Burns said that tho election board Is clearly the only tri bunal authorized by the constitution to test n voter's qualifications. A chal lenge raises an Issue. If he makes allldavlt that ho Is a qualified voter ho Is acquitted. There Is no other pro vision for trying a vote. In answer to questions by Judges Smith, Rice and Beaver as to his con tention that tho courts cannot go be hind tho finding of the election board on the matter of the validity of a vote, Mr. Bums Btated that while It might appear somewhat startling It was nev ertheless tho letter and splilt of tho constitution that once a vote Is In the ballot box It must remain there. BL'YOND ITS REACH. It l open for the couit, however, to punish the voter for commitlng per jury, but the voto Is beyond Us reach. The affidavit Is final as to the vote. Tho voter may be afterwards pun ished. Tho appellant's second assignment of error was that the alleged contempt did not occur In open court and therc fote could not be punished by impris onment. In support of this contention Mr. Burns instanced that the election contest examiners were sitting at the time In tho arbitration room. Thej havo also sat In Caibondnlo and might hold a session In AVIlkos-Barre, to ex amine for example, Into the naturaliz ation dockets. It could be haidly held that a wit ness tef using to answer questions In a case like the latter could bo lightly charged with contempt In "open court " The offense must be committed within view of the court, he averred. Judge Beaver asked: "Was not the defendant bt ought beforo the court and asked these questions which he refused to answer before the examlneia?" "No, no Indeed," Mr. Burns replied. "That Is Just our point In the case. Had the judge brought Mr. Gibbons before him and asked him the ques tions, after telling him of the penalty a refusal to answer would merit and tho defendant still refused to answer. It could not be held that the alleged contempt was committed In open court." After Mr. Palmer had announced the ground that he proposed to cover In his argument, namely, the constitution al phase of the case, Mr. Holgate and Mr. Hnmllton weie hcaid in opposi tion to the appeal. JURISDICTION ATTACKED. Mr. Holgato flrst attacked the jur isdiction of the superior court in the habeas, corpus end of the case, alleg ing that tho writ had been Improvid elentiy granted and without authority of law. A positive negation of this assumed common law power, Mr. Holgate went on to say, was found In the act creat ing the superior court, which eays "it shall have no original Jurisdiction." "You have not quoted tho whole clause, Mr. Holgate," Interrupted Judge Rice, The whole clause teads "it shall have no original juilsdlction except in ha beas connis." "I am coming to that in a minute," was Mr Holgate'.s rejoindet. Ho argued in this regard that while the superior court has original juris diction In habeas cotpu,?. It was re served to the supremo court to deal with habeas corpus cases In which the right to a public office was concerned, and this case, ho contended, came under that head. As to the contempt not having been committed In open court, as tho ap pellant alleged, Mr. Holgate said that while the offense was not committed befote the verj' face of the couit, It was within the view of the court, as the law Implies, for the questions wero nil read by the judge and made patt of tho older directing him to ap pear beforo the cxumlners and make answer. Couit directed him to make answer to these particular questions and ho refused and In that he was guilty of contempt. JUDGE HAS THE RIGHT. As to tho witness refusing to answer on the giound that he would Incrim inate himself, Mr. Holgato argued that the judge bitting In the case has the light to decide whether or not tho wit iiefd has a right to slide himself be hind this clause of tho bill of rights, and iu substantiation of this Mr. Hol gato quoted tho case of the common wealth against Bell, in which it was decided that the question of whether or not the answer would tend to In criminate tho witness was a matter for tho discretion of the trial Judge. Mr. Hamilton mado a lengthy aigu ment against Mr. Bums' proposition that the election boaid Is the court of last resort in tho matter of the alld Ity of a vote. A man, he said, can not bo flnully disenfranchised by an elec tion board. Consequently an election boaid can not bo the court of last re soit In qualifying a voter. Mr, Hamilton went at length into the question of "open court," contending that tho offens6 In question was com mitted in open court because Mr. Gib bons was constructively beforo tho couit He also argued against tho jur isdiction of tho supeilor court In the present case, on the ground that In ha beas corpus ptoccetllngs in which tho right to a publlo ofllco was nt stake, the supremo court would be the proper tribunal to entertain the appeal. Judge Smlth'B action in granting a wilt of habeas corpus was attacked by Mr. Hamilton on tho ground that tho law tT i rV wonderful remedy has Cough Syrup-frlyo0ulheir?Papwt,.y ruret throat and lung troubles. Price j ccuU. says "It shall grnnt writs ot habeas coipus, and that "It" means the court Is constituted of not less than four members. Individual members hnd In previous Instances exercised this au thority, but It wna none tho less wrong. CONCLUDING ARGUMENT. Mr. Palmer began the1 concluding ar gument by pointing out that many of the questions propounded to Mr, Gib bons were cloarlv Irrelevant and court had no business to commit him for not answering them. It committed error, he argued, In sentencing him for mat tors which were not offenses as well aa for oflenscs. His next contention was one entirely new' to the case. It was that the court had no authority to Interfere In the matter ns tho law provides the exam iners with powers to punish contempt. Tho action of the examiners In certi fying the proceedings to court Wero wholly superfluous and unwarranted The act of Feb. 2C. 1S31, was cited by Mr. Palmor In proof of his position It clearly gives tho examiners, In a proceeding like nn election contest, the power to punish for contempt, and this being tho care, Mr. Palmer averred, tho Judges ot the quarter sessions court Interfered without Jurisdiction. Mr. Palmer concluded with an elab orate defense of Mr. Gibbons' position In refusing to answer because his evi dence would tend to Incriminate him self, and of tho other averment of the appellant that the alleged offenbo was not committed In open court. Court adjourned when Mr. Palmer had finished. An early decision is ex pected. Only five cases remain to bo argued, four from Bradford county and ono from Susquehanna. The cases of Silas Hartley, appellant, against G. AV. AVcldeman, common pleas, Susque hanna; Lena M. Stafford acalnst tho township of Buckingham, appellant. common pleas, AVnyne county, were non-prossed. A discontinuance was an nounced in the appeal In the matter of the maintenance of Madeline Stev ens, minor child of A. B. Stevens, quarter sessions, AYayno county. Among the attorneys from out of town In attendance at court this week nro ex-Lieutenant Governor T. J. Da vies, I. McPherson, S. AV. Little, Rod ney A. Mercur, J. Ingham, H. F. Mny nnrd, of Biadford county; Edson AV. Safford, Susquehanna county, and Henry AA'llson, AVayne county. A Lamplight Company. Between now nnd spring tlmo there will bo many opportunities for nn eve nlnlng to read up on the different por tions of the Great Northwest. To this end the Chicago, Milwaukee & St. Paul Railway Company has print ed for free distribution to eastern far mers a number of Illustrated Instruc tive pamphlets regarding the various states travel sed by Its lines. In sending your address to AV. E. Powell, Geneial Immigration Agent, Old Colony Building Chicago, HI, please say If j'our preference Is for Information about AVisconsin, Iowa, Minnesota, Northern Michigan or North Dakota. No chaigo for pamphlets or for io plylng to all inquiries about any sec tion of the Great AVest. 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