yv i
THE SCRANTON TRIBUTE-MONDAY, FEBRUARY 20, 1899.
8
& 7 ''
r
TEXT OF OPINION
IN RIBBONS CASE
(.Concluded from I'flgo 3.J
Johns. 42.1; 1 Hill 170: G Iredell, 199: I
W'edcll 103: 2 Sandf. 724: I Carter, 160:
1 Ulackf. 160: 25 Mis. 830; 2 Wheeler's
Criminal Carcs, p. 1; 14 Ad. & Kills,
C58. It may bo nlso noticed that this
proceeding Is not entitled In the con
tested election case, but takes a eepar
ute title and number on the criminal
ulrto of the quarter sessions.
COMMON LAW POWER.
The broad proposition that this court
"ha no common-law power," Is Indeed
novel, and In strlklnc contract with
the practice of the court ulnce Its or
ganization. This contention overlooks
the nature and extent of the common
law, and how broadly 11 permeates nil
American Jurisprudent. The common
law of England Is the basis of our Jur
isprudence, and Its great principles nie
the foundation of tl.e federnj and state
constitutions nnd stato legislation.
Each state- has its common law, derived
mainly 'from the common source, nnd
without this its Juiispiudence uoultl he
little more than a constitutional nnd
statutory skeleton, largely deficient Hi
material substance nnd life. Nearly
all our legal principles, mles and
forms, nre of common-law origin. Common-law
principles underlie nil forms
ot nctlon, and regulate nil forms of
procecUne. Undeniably, common-law
powers are indispensable to an ade
quate eeiclse of the ordained func
tions of this court. The power of a
com t Is evnrclbed through Its decrees
nnd their enforcement, and vhen Its
decrees nr foundetl on the common
law their enforcement proceeds In the
coitive of the common law The prin
ciples uilcs ind tonus of the com
mon law enter very largely Into Hi"
ndludleatlons of this court, both dt
le tlv and hv implication
7t Is fuithei contended that although
this couit in.iv K-suo the writ of hab
eas (01 pus, by vlrttii of the act of
.Tune 2i. 1ST,, one of Its ludges cannot
!o fo In vi'mtlon The question nrns"
vonn aftei thu oiganlatlon of this
court, In Puff vs. McUonough, 1' P.i
Supciluit ft. 375. In that rise our
late Ilrother Wlckham Issued the writ
Ir oration and link" It returnable to
the next teun. While the question re
cdvid ronsidciatloti, no ofllelal nn
iioiinecmcnt vns necssary In lew of
the disposition made of the ease on
other controlling grounds. Subcequent
Iv, In Com. e-c rel. Robert E. Tiyfoid
s. Ilanv A Lowrv, sheriff of Alle
qhenv county et nl , a case stilt pend
ing In this court, a wilt of habeas cor
pus was issued, also by our late Bi oth
er Wlckham, In ac ition, nnd upon
the question of his authority to do
this he wiot an opinion in which he
s.nd "The inheient power of tho Sti
pe l lor Court, or of nnv Judge tlmieof
In vacation, to giant a common-law
wilt of habeas corpus, whenever nec
essaiy. In aid to a pending appeal, Is,
and should be. beyond controversy,
even If the light weie not expre-sly
conferred, as It is, by the Act of June
21, 1!95, P. L. 212, erecting the court.
It Is an implied common-law power,
not created by the habeas corpus act
of ITS'!, but existing both befoie and
since the passage oi thai act, In every
court of record. Invested with exten
sive appellate or supers Isory jurisdic
tion. 1'iid, In a proper case. It is al
ways grentnble whether applied for
In term time or in vacation It may be
moulded to rult the exerncles of the
particular case: Goslln v. riace, 32
Pa. 520: Williamson v. Lewis, 39 pa, 9;
"Duff v. McDonouqh, 2 Pa. Superior Ct
373." This action ot a single Judge was
atterwnid sustained by the court In
banc. In resting the authority of a
judge to issue the writ on the ijrilled
common-law power. Judge Wlckham
repeated an established principle and
followed the precedents given by our
Supreme Court and the courts of Eng
land. ON PRINCIPAL AND PRECEDENT.
The Judges of the King's Rench and
common pleas of England found a simi
lar lack of epress authority in the
Rrltish statute, but In order to cairv
cut Us manifest purpose and spirit
they extended tho powers. Impliedly
given to the courts, to i single mem
ber of those tribunals when the courts
were not In session. On this point the
Lord Chancellor. In Crowley's case. 2
Swanston's Chanceiy Reports. 42, said:
"The statute gives no juihdictlon to
the judges cf the common pleas to
Issue a wilt of habeas corpusr. except
in cases there mentioned, but then, by
a consti notion in favor of the liberty
of the subject, they h.ive granted the
writ in other cases and have infeired
from the statute giving to them power
In specified instancos, that they possess
a general power to issue the writ. In
this case Lord Eldon overruled the de
cision In Jer.ks' case, and Indicated,
on principal nnd pieeedent. the power
of a single judge to i'.sue the writ and
precedent, the power of a single Julgc
to Is'uo the wilt In vnoatirn, notwith
standing the want of express statutory
authoilty.
The statutoiy writ of habeas corpus
in Pennsylvania is of limited applica
tion. The cases to which It extends
nre of two classes only: public re
straints, on bailable criminal charges,
HEART DISEASE.
SOME FACTS REGARDING THE RAPID
INCREASE OF HEART TROUBLES-
Do Not Be Alarmed but Look for tho
Cause.
Heart tiouhles, a least among the
Americans, aro certainly lnci easing,
nnd while this may be largely due to
the excitement and wony of Ameil
enn business life, it is more often the
result of weak stomachs., of poor di
g"stlon. Real organic disease Is incurable; but
not one case In a hundred of heart
trouble is oignnic.
The close relation between heart
trouble and poor digestion is because
both organs tiro conli oiled by the same
great nerves, the Sympathetic and
Pneumognstric.
In another wav, also the heart is
effected by the form of poor digestion,
which causes gas and fermentation
from half digested food: there Is a
feeling of oppression and heuMnesa In
the chest caused by pressueof the dis
tended stomach on the heait pnd lungs
Interfering with their action: thence
arises palpitation nnd short breath.
Poor digestion also poisons the blood,
making It thin and watoiy, which irri
tates and weakens the heait.
The most sensible treatment for heait
trouble Is to Improve the digestion and
to insure the in on.pt assimilation of
food
This can be done by the regular use
after mealB of somo safe, pleasant and
effective digestive preparation like
.Stuart's Dyspepsia Tablets, which may
bo found at most drug stores, and
which contain valuable, harmless di
gestive elements In a pleasant, con
venient form
It Is safe to sav that tho regular,
persistent se of Stuart's Dyspepsia
Tablets at meal time will cure any
form of stomach trouble, except cancer
of thn stomach.
Full size package of these tablets
Mid by druggists at CO cents. Little
book on stomach troubles mailed free.
Address P. A. Stuart Co., Marshall,
Mich.
The slight cough may
soon become deep-seated and
hard to cure. Do not let it
settle on the lungs.
Think! Has there been
consumption in your iamily ?
Scott's Emulsion is Cod
liver oil with hypophos
phitcs. These arc the best
remedies for a cough.
Scott's Emulsionhas saved
thousands who, neglecting
the cough, would have drift
ed on until past hope. It
warms, soothes, strengthens
and invigorates.
jc e-r. roo, all drqciUu.
SCOTT JSOWNK. Cheralsi,. New Tnrfc.
and pilvnte restnilnts on any pretense
whatsoever. Rut the efficacy ot the
common law w rlt of habeas corpus
reaches much fni thor, nnd takes many
forms, aecoidlng to the character of
the case In which It Is npolled. The
nuthotlty, given to this court, In the
provision that "It may lssuo wilts of
habeas corpus," without limitation or
t cstrlct Ion, fiom Its natuie embraces
all wilts of habeas corpus known to
the law, whether common law or statu
toiy Without extending tho discus
sion by io lowing the hlstoiy and dis
tinctive chaiacter of the several com
mon law writs of habeaR corpus. It is
sulllclent to say that the wilt in the
piesent case is a common l.iw writ,
and was not Issued In pursuance of the
habeas coipim act, but by virtue of the
inherent common law power ested in
tho Supeiior court. "It Is a form of
reined which can be nilmlnlstoied only
by u couit In banc, though a single
Judge may allow the wilt, on sullU-lent
cause " Lowrie, ('. J.. In Oosllne vs.
Place, 32 Pa. fi2.j "It has a much
blonder scope than that form of it
which is secured by the habeas cot pus
act; for It may Issue In all sorts of
cases wheie it Is shown to the court
that thoie Is probable cause for believ
ing that a pel son Is lestr.ilned of his
liberty unlawfully or against the due
course of law. The statutory remedy
falls far short of this and we fall into
inevitable confusion when we go into
tho common law pioUnce of the writ
for the pilndples that are to rule with
in its statutory province." Williamson
s. Lewis, 39 Pn. !". It was also held
by the Supieme court In that case that
the writ of habeas coipus authorized
by the act ot 17S3 could not bo em-plriM-d
in cases of conviction for ccm
ttmpt of couit In those cases the
common law writ is the pioper rem-
OUT OF NECESSITY
It is an established pilncjple of con
sti uctlnn that "tho power to lender
judgment ino!ves in it the power to
take the piellmlnary steps which lead
to that icsult." Commonwealth v.s.
Simpson, 2 Giant, 442. It Is to be pie
sumed, thciefore, that in giving this
court exclusive appellate juilsdlctlon
ot cases involving the liberty of th"
citizen, and to lender final Judgment
therein, It was, cc necessitate rtl. In
tended to confer the power necessaty
to give adequate effect to such appeals.
In granting this power the legislature
19 to be undeistood as halng In view
the pxlstlnr law. both common and
statute: nnd In employing teims broad
enough to embrace all lawful wilts of
habeas corpus, the leglslatute is pie
sunied to have meant all such writs,
unclr" the common law and the stat
ute of 178u. Por a like construction of
a generic term see Commonwealth vs
Hell,' 145 Pa. 391. The validity of a
sentence to imprisonment depends on
the juilsdlctlon of the tiibunal, and
the regularity of the pioceedlngs in
which it is pronounced, nnd relief can
be given only by a court having power
to leview nnd determine the question
of jurisdiction or of regularity. This
power, in the case In hand, is by the
act of June 24, ISA"), vested solely In
this court. Its exercise is made ef-fni-Mint.
hv wav of remedy, through
the writ of habeas corpus, as ancillaiy
to the wilt of certiorari.
It has long been settled that ceitl
orarl und habeas corpus may be sever
ally used as ancillary to each other
"If a habeas coipus at common Inw ls
sues.and the letuin to it shows that the
piisoner Is held by vlitue of proceed
ings in a court, or before a maglstiate,
over which the couit issuing the habeas
coipus has a supcrvlsoiy authority, the
said court may Issue a ceitiorarl to
bring up the record, and ma theieupon
hear and decide the case, or review and
coirect the proceedings, in older to give
efficacy to the wiit of habeas corpus.
If a certlorail be Issued to bring up a
case Into a higher couit for hearing or
review, the court may also issue a
hnboap corpus to biing up the defend
ant, and may. In a pioper case, admit
him to bail to appear at the heaiing
nnd abide the vent, and the foim of
tho recognizance must be adapted to
the exigencies of the case. Old forms
will not entiielv suit new classes of
cases, but must be moulded to suit
them:" Gosllne v. Place, 32 Pa. 524. If
the wilt may not be Issued by a judge
of this couit, piellmlnary to a levlevy
of the proceeding by the court, the
petitioner must puffer imprisonment,
perhaps for months, until tho meeting
of the couit; a result Inconsistent with
the light to a speedy determination of
the legality of his imprisonment, whleh
it Is the purpose both of the appeal and
the writ of habeas corpus to secure.
The allowance of the writ In vacation is
In conformity with the practice In the
Supreme Court, as Illustrated In Gos
llne v. Place, and Com. v. llell, upra.
Section S of the act of June 24, 189.', re
quires this court to "be governed by
the iuleb which do now or may heic-
after govern the prnctice in the Su
preme Court." Ey section 12 of tho net
of Mitv ID, 1S97, an appeal from a sen
tence Is to operate ns a supersedeas
w hen so ordered by the court btlow, or
the appellate court or any judge there
of; and, the appeal having been duly
taken In the present case, the allow
ance to the writ of habeas corpus may
be regarded as, in effect, an order of
superscdeaK The allowance of the
writ does not Imply erior in the pro
ceeding It Is n recognition, testing on
tho appellate court as a Judicial duty,
of the appellant's light to a leview of
the pioceedlngs, and to a deteiminatlon
ot the questions which his assignment
of errors may raise, and meantime to
be relieved, on such conditions as may
properly bo Impoped, from tho Impris
onment which ho avers to be unlawful.
He Is not to be deprived of this right by
a construction of the judicial power
based on technical narrowness rather
than substantial Justice. Wo axe
unanimously of opinion that the writ
of habeas corpus was properly Issued In
this case, and that the proceeding Ir
regularly before us for review .
fiCOPE WELL DEFINED.
The scope of our power of review, In
this class of cases, Is defined by judicial
decision. In tho present caso it Is only
necessary to indicate tho limitations
thus marked out. Adherence to this
well-defined lino of inquiry shows that
many of the questions discussed on the
argument and pressed for consideration
aie beyond the legitimate range of our
Investigation. Wo aro to ascertain
whether the court below had Jurisdic
tion in tho premises, and exercised It
according to law; whethei the offense
ot which tho relator stands convicted
was one which the court had power to
punish summarily, and whether tho
sentence was lawfully Imposed. Theso
questions are to bo determined by the
record brought up with the certiorari.
No execution Is taken to tho form or
sulltclcncy of tho commitment or the
sheriff's return to the writ of habeas
corpus. Any technical defect therein
would seem to bo pupplled by the peti
tion for the writ of habeas corpus, nnd
wo will therefore tient the commitment
nnd the sheriff's return as sufficient, In
view of the whole record.
The power to punish contempts of
couit Is so well settled, by repeated
adjudication, that It Is unnecessary to
rehearse the reasons given In support
of this nuthorlty, or to cite the cases
In which It Is established. The prac
tical question hero Is: Does the of
fense for which the relator was con
vlcted constitute a contempt of court
within the meaning of tho law, for
which summary punishment may bo
Imposed? The argument that the dis
qualification under article S, section 8,
of the constitution, Is not a disqualifi
cation In the legal sense, but a penalty,
and applies only to the proof reaulrcd
of the voter before his ballot can ho
accepted by the election board, and
cannot bo lncuiied Into thereafter, Is
radically unsound nnd conflicts with
other section! of equal force relating
to elections under the construction
contended foi, this piovislon of tho i
construction, nrtnlfestly designed to
prevent fraud nt elections, would bo- '
come a shield, and a ratification of '
fraud because of Its successful perpe
tration. Such a consti uctlon is not to
be tolerated.
That the refusal by a witness to
nn.uver questions material to the issue
of the caso In which ho is cnlled, Is a
contempt of court, nnd purlshablo a1 l
such. Is not and cannot be denied, as I
u geneial pioposltion. Put It Is sot up i
in defense that t'f questions heio pro
pounded aie pxi pled from the general ,
lule. on the giout.d that the answers
would tend to s-elf-crlinin.itloii: that
tha constitution piovldi i that no per
son shall be compelled to give cvi- I
deuce ngnlnst himself, nii'l, as the re-
lntor has formally claimed tho benefit
of this clnil'-e, he cinpot be compelled
to give evidence against himself, and.
as the lelator has lurm.illy claimed ,
tho benefit of thin clause, he cannot
be compelled to answr, or be punish
ed for his tofusjl. The answer to this
objection is found in tho constitution
itself liy nitidis S. stctlon 10, it is
provided that, "In trials of contested
elections, nn n piocedlngs for the
ii'vestig.itioii of elections, no pel son j
shall be peimlttcd to withhold his tes- I
tlmony, upon the gioiind that It may
criminate himself, or subject him to
public Infamv; hut such tcstlnnnv
s1it.11 not aftcrwaids be used against
him. In any Judiclit proceeding, ex
cept for pet Jury I nglvlng such testi
mony" To this It is icplled that this i
provision is Itself unconslltutlon.il. be
cause It is In conflict with tho bill of
rights which "Is excepted out of the
general powers of government, aid
hall forever remain InvIoWte" This
question Involves largely the sufficiency
of the eauso of conviction, and It may
be doubtful whether we aie required
to rule upon it Put if the relator is
being prosecuted for a matter which '
Is not an Hndl table oftenso under the
law of Pcnrsvlv inln, It would be our
right ns well as plain duty to ex- i
amine the subject, and to discharge
-the relator If this be tine Com v.
Ketr-r, 02 To, 376.
OONTLICT OP THUMS.
The question rails fir the Interpre-'
tntlon of th constitution, on tills nl
leged conflict of the terms of that lu J
"tiument 'The constitution Is en
titled, like ( ther instruments, to a
consti uctlon, as neailv as may be, in
ncoi dance with the int'it of ltn mak
ers " Mopis v. Heading U Pa. US. "A
constitution is not to receive a techni
cal construction, like n comiron-hivv in
strument or a statute. It Is to be In
tel jiret"tl so as to eairv out the great
prlnplples of the government, not to
defeat them " Com v. CI like, T W A
S. 1"7. It should be consti uod In the
light which the whole instiumcnt
thiovvs upon it Tho il vtlve principle
Is essentially, a vital force n our
form of government and in the crganlc
law. As the state develops ami ex
pands, the piinclplo of the elective!
sjHtcm glows in public Import
ance and methods of e:iecutIon.
Tin p'ogiessive meisuies adopted,'
f i oni time to time, by constitution nnd
statute, for the p rpetuatlon and pios
eivatlon of this pilnciple, Illustrate Its
paiamount importance in government
affaiis. AVo may safely conclude,
therefore, that the elective principle Is
one of "the great piinciples of the gov
ernment" which It Is the aim of the
constitution to preserve, nnd nil laws,
constitutional and statute, relating to
elections, should be construed to that
end. The constlutlonal piovislon In
question must be inteipreted In tho
light which the whole Instrument
throws upon It, and the purpose and
Intent of tho people In its adoption.
Its manifest purpose was to piotect the
purity of the ballot box, and to this
end it was deemed neeessaiy to adopt
constitutional measures, regulating tho
light of franchise A fraud upon the
ballot box Is a cilme against the na
tion:" 83 Pa. 107. It is most neees
saiy, therefore, to enfoice all existing
measures for the repression of this
offense
tl is quite clear that those constitu
tional measuics maj be enforced with
out violating the bill of rights, which
Is to he consti ued In harmony with the
other parts of the constitution nnd thus
full effect given to every section of
that instalment. The essential pur
pose of the clause of the bill of lights
referred to, was to prevent tho com
pulsoiy self-Inculpation of those
charged with crimes against the law.
Any subordinate provision of law vio
lative ot that purpose must bo declared
null and void. Without conceding that
the tenth section of article eight ot
the constitution Is subordinate to the
hill of rights, It is certain that this sec
tion may bo sustained without conflict
ing with the pin pose and effect of that
clause. Uy section 9 of the hill of
rights, "In criminal prosecutions, tho
accused cannot be compelled to glvo
evidence against himself " Hut In
cases within article 8, section 10, the
witness who testifies to his own turpi
tude does not give evidence against
himself, since the testimony thus given
cannot bo used as evidence against
StrongToday
Because Hood's Sarsaparilla
Built Up His System
Child Was Weak, Had Night Swoata
and Poor Appotlto.
" Our youngest child was In a bad con
dition. One physician said tho troublo
was malaria and another thought it came
from the stomach and liver. Meantime
tho child kept growing wcakor. He had
nieht sweats, poor appetite and various
other troubles. We worried along for
two years, and then wo determined to
try Hood's Sarsaparilla, and from the
first day wo noticed a chango in oar
little boy. We kept on until he hid
taken about threo bottles. Today ho is a
strong, hearty child. We have always
bad to keep hlin Indoors In winter, but
last winter ho was out with other children
and we found no trnco ot the old troubla
returning." Ai.fkkd IIarshberqer, 70
Washington Avenue, Altoono, Pa.
Hood's Sarsaparilla
Is the best-In fact f ho Ono True Wood Turlner.
Sold by all drusrclsh. $i; six for S3.
Hnnnie Dillc Uo not nu'Ke' l"lla or
11UUU rilis giipe, Dnigjlstt.
UNABLE TO SEE
FROM
ECZEMA
I guttered with Eczema of tho vorttklnd,
ray face and neck down to my ihouldcrs were
one Inflammation, was not nblo to bob oat of
my eyes for qulto a while, and was unable
to sleep for weeks, on account of the Revert
pain, which neatly droro me insane. My face
and neck woro swollen and made mo look
hideous. IladthrcodoctorsatdlfTerenttlmos,
and not one of thorn could relleTO me of my
pain, swelling, and blotches. I used threo
bottles of Co-nouBA Resolvent, four boxes
Cuticciu. (ointment), threo cakes of Ccti
emu BoAr, and my friends and ono of tho
doctors are surprised, and asked, " Who cured
you?" and I tell them quickly, " Cdticdtu
nrMrjirus." J. V. KAFKA,
March 4, 1837. 83flcholoSt., nrooklyn.N.Y.
. BoM UiTorhmit ibrwntM. Potti D aud C. Cor ,
Bolo l'roj., Cotton. " lion u Cum SUn I11im." hte.
him In any Judicial proceeding, except
for perjury In giving It. Thus the voiy
purpose of the bill of rights Is pre
served and absolutely secwed in spirit
and effect. To hold otherwise, and an
nu tho tenth section of article eight,
would deprive the people of a very im
poitant constitutional provision. It
would open the doors to corrupt nnd
fraudulent voting, against tho plain
intent of the law. The case of Com
monwealth vs. Hell, supra, relied upon
bv tho nnnelloe. throw 8 no light on this
question We think, however, that our
conclusion Is correct In principle and
on governmental policy.
THE FIFTH AMCNDMKNT.
Theio is nothing In the federal con
stitution, as construed by the courts,
in conflict with this conclusion. The
fifth amondnient, relied upon in the
nrgument, l, like the other amend
ments, a icstrlctlon upon federal pow
er, and does not extend to the states:
Livingston vs. Mooio, 7 Pet. Bil. Sub
sequent cases aie to tho same effect.
The case of Couiiselman vs. Hitchcock,
142 IT. s. 517, arose under a federal
statute an act to regulate commerce,
In a federal couit. It cannot apply
here, and Is entiicly consistent with
the principle of the pieceding cases.
The remaining questions call for but
brief notice. It Is contended that the
offense was not committed In open
court but befoie the examiners, who
had full power to commit for refusal
to answer, under the .act of Feb '26,
1831, and, thercfoie. the sentence of the
couit is Illegal We cannot adopt this
view. The answer of the iclator to tho
rule Issued bv the couit was
piesented and read lu open court
by his counsel and in his pres
ence In this answer tho relatoi
refused to obey the order of
the couit by answeilng the questions
as dliccted. This was a refusal in open
couit and. without mote, was sufllclent
to wan ant the pi oc ceding. That ho
also refused to answer the same ques
tions befoie the examiners Is Immater
ial, In the view we take of the proceed
ing. It is, therefore, unnecessary to
enter Into a discussion as to whether
a lofusal befoie the examiners was
In legal effect "In open court" within
the meaning of the act of June 16, 1830,
or w hethcr the ourt could punish In
this (uimninu manner foi a icfusal to
answer befoie the examiners. For like
tenson the aigument that a fine only
could bo Imposed for nn offense not
committed In the presence of the court
does not apply, and lequlies no dls
eusoion. The aigument that many of the ques
tions which the relatoi refused to ans
wer Involved no offense against the
election laws and weie not material to
the issue of the conte"t is lather
against the lelator than in Justifica
tion of his refusal to answer. An ex
amination of the questions snt here
hows very cleaib that this Is true of
most of them H Is also ti ue that thoe
questions did not necessailly Involve
self-crliniuntlng answers. The situa
tion In this lesuect Is like that in the
case of Com. v. Hell, supra, wheie the
contumacious witness "icfused to ans
wer any question that could have had
even a remote beailng on tho material
facts. Cei tainly. t ' y responsive ans
weis to many of ihe questions that
weie put o him could not
have hud the slightest tendency to
c rlmlnate him." On this point tho Su
pieme couit fui ther said1 "The relator
was not he final arbiter of the question
whether his answeis to the Intel roga
tions piopounded would tend to crim
inate him. It was the plain duty of
the trial Judge to decide that question."
So in the nreyent case, many of tho
questions do not Indicate, even remote
ly, how unsvvis could tend to eliminate
the lelator, and, under the decision re
feu ed to, the icfusal to answer them
wns, prima facie, a contempt of court,
without leference to tho constitutional
pilvilege. Whether the question calls
for an answer which would tend to
eliminate the witness was for the Judge
to decide in the first instance: and his
negative decision must prevail until
overcome by satisfactory proof to tho
contrary. In addition to the piotectlon
afforded by the 10th section of nrticle
S ot the constitution, there Is In the
present case a refusal to answer ques
tions which did not tend to criminate
and weie, therefore, beyond the pale of
th privilege under the bill of lights.
Th lelator wns duly sentenced by the
court, which Is an appropriate method
for a court of criminal jurisdiction to
declare Its judgment and the punitive
consequences.
What we have said sufficiently deals
with al lthe material questions present
ed by tho lecotd of this case
It follows from what has been paid
that the iclator was not unjustly re
strained of his liberty, and, having been
leleased on bail pending the hearing
and consideration of this case, without
having complied with the sentence ot
the court below, eh must be remanded
unto the custody of the i espondent. to
the end that said sentence be complied
witn. it le accordingly
Ordered that tho relator do forth
with surrender hlirtsolf Into the custody
ot the sheriff of Lackawanna county,
to the end that he sentence of the eotirt
of quaiter sessions of said county, pio
nounced against him on December 20,
1S9S, for contempt of said couit, be
fully executed, and It Is further oidered
that ho pay the costs of this proceed
ing. At Retail.
Coal ot the best quality for domestic uss
nnd of all sizes, Includlnc Buckwheat and
Irdseye, delivered In any part of th
city, at the lowest price.
Orders received at the office, first floor,
Commonwealth building, room No. 6;
telephone No. 2624 or at the mine, tele
phone No. 272, will be promptly attended
to. Dealers supplied at the mine.
T PLEASANT COAL CO
THE DICKSON M'F'G 00.,
Bcrantou and Wllltej-Himo, l'-t.
Manufacturers or
LOCO MOTIVES, STATIONARY ENGINES
Uollcri, HoistlneanJ Pumplnz Mac'ltur y,
General Office, Scranton,. Pa.
MOUNT PLEASANT COAL
L
OUIIOIIUaml
Siaria'oSHiNGTON ayenue
Is
Men
s
Gains new friends daily fastidious friends, Yes, tha
men who are most particular about the style of their outfit
tings are the ones we aim to please. Come today, Mr. Criti
cal see what jaunty, dressy neckwear we have gathered for:
you. The savings will surprise you or we miss our guess.
Linen News
Always interesting news to the patrons of this Linen
stock. Interesting, because it tells of substantial Linens at
substantial savings, Two under-priced items :
62-incu Brown Table Damask, extra heavy weight, in CjTfc-' a
a fine range of patterns ; regular 68c value, at sJ j
21-inch Full Bleached Heavy Barnsley Nap- tl E A a
kins. Very exceptional value at 4 I .DU per doz
Second to None
Wash Goods in every sense of the word. Wash goods
to satisfy the longing for a pretty dress. Wash Goods to meet
the necessity for a cool costume. Wash goods that are cheap
enough to permit anyone to buy just what she prefers without
much outlay and, finally, Wash Goods that wash. The sum
of excellence is this pretty, cool, cheap, absolutely fast color
Connolly
CRUSTY
Somo men aro "crusty" when
tlm bread doesn't suit them.
They blanw tho cook, but it
may be she Isn't responsible.
Poslblj sho told the man of
tho house to order
"Snow
White"
riour and he forgot to say
"Snow White" nnd tho grocer
sent up an Inferior grade. Men
should be more careful and they
will get better buad. It makes
quite a dlfferento what kind of
flour tho cook hns,
All groctrs sell "Snow White '
'We Only Wholesale It."
THE WESTON MILL CO
Scranton, Carbondale, Olypliant.
I
OF SCRANTON,
Special Attention Given to Ousl
ncss nnd Personal Account.
Liberal Accommodation? Ex
(ended According tu Balances auJ
Responsibility.
SPcr Cent. Interest Allowed on
Interest Deposits.
Capital,
Surplus,
$200,000
400,000
W3I. C0NNELL, PreMiIeut.
1IENKY BELIMr., Vice rrcs.
WILLIAM JI. PECK, CftSlilor
The vault of tills bunk U pro.
tected by Holmes' Elcctrl Pro.
tcctivc System.
THE
Itoonis 1 nnd 2,Com'ltU BTu'k.
SCRANTON, fX
Mining and Blasting
POWDER
Mads at Mooila inU Rmhdttlo Worfci.
LArLIN & RAND POWDER C0'3
ORANGE GUN POWDER
Klcctrlo llatterlei, Kleetrlo Exptortars,
lor exploding blttst, .Safety I'"uva und
Repauno Chemical Go's dAWs
Liiim. sH iH tLm iA
Furnish
ing
127 and 129 Washington
0 & n
Spring I'
1399. j
nn
Our new lines are now
many exclusive novelties not
Carpets
Wilton
Axmlnster
Velvet
Body and Tapestry
Brussels
Ingrain
WINDOW SHADES
-0
Williams lb fV.cAnu.ty
Interior Decorators.
LACKAWANNA LUMBER GO,
MaUUFACTURIRS OF
SSHED H. H HEMLOCK 111 HARI09D
Bill Timber cut to order on ahort notice. Hardwood Mine RalM
tawed to uniform lengths constantly on hand. Peeled IltanlocU
Prop Timber promptly Furnished.
MILLS At Cross Fork, Potter Co.. on th Buffalo and Susquo.
hanna Kailrond. At Mlno. Potter County. Pft., on Couderaport. und
Port Allegany Railrcad. Capacity 400,000 feet per day.
GENERAL OFFICE-Board of Trad Bulldinc. Scranton, Pa.
Telephone No. 4014.
f THE STANDARD'S CLOSINCSALE OF SHOES f
And Rubbers is the great event of this city. The
lower than the
A VI H.WJ tuu
t iniifHJr 1 1 in iimm l h i it i r i 11
"V"UV' HIW (CUf-U -,,
T all goods must be sold
For Sale, Also, Cheap Shelving, settee, safe,
two tables, mirror, two street cases, four bicycle lad-
ders and track, partition; window fixtures, etc.
a lew weews ana mis oppoiiunuy ami inese
pi ices are gone. Buy while they last.
4
Standard Shoe Store,
HANDIEST STORE IN THE CITr 217 LACKA AVE .
WHEN IN
STRONG
t I V&ifA
f wsi
mm
AhllN I Mil I"1 wmn9 'I I I "I hi II II ll
nunill t iTfUHtr the circulation, make dlietlon
Yfffiz
lgor to the whole Uirj All drain,
are properly cureo, ineirconauion emeu won, ti.cn,. mu uu.,, .wii,i.pv. u, -...
Mailed lealed. Price tl perbon 6 boxe, ith iron-clad legal ruarantee locure or refund Ino
money, j oo. faeod for free book,
For Sale by JOHN II. PIIULPS,
und Spruce street.
KTuIpm
Store
Wallace.
Avenue.
111
on exhibition and embrace
to be found elsewhere.
Lac? Cttrfains
Renaissance
Irish Point
Brussels
Dresden
Nottingham
WALL PAPER
s-
manufacturer asks. No
11 i i i n 11 i imuimi i s i i ;i i ii r- ..
. V .... VB,...M -
before April 1st.
DOUBT, TRY
Theyhavcttoetl theteitofyein.
und hue cured Ihoutindi of
cases of Nervnut Dueasei, inch
as Dcbiluy, UiziDett,bleepleit.
nerfect. and impart a healthr
and loei are cheeked fmxantKtry. Unlet, patient,
Addreo, PEAL MEDICINE CO., CUitUnO, U.
I'liariiuuUt.'cor. Wyoming nrcnuo
Q0 Spring
UO 1899-
.
i-