THE SCIIANTON TRIBUTE- TUESDAY, AUGUST 15, 1899.
8
Royal
ABSOLUTELY fojRE
Makes the food more delicious and wholesome
0l MKtHO MWBIB
POOR DIRECTOR
AN ELECTIVE OFFICE
fConelinled from Phkp 3
wc nro constrained so to trout this
iiucMlon na not to oblltetutP ftorn our
untute book Isinjp number or nets
under which Important and costly Im
provements have been commenced, nnd
rluhts have been c?tcd. The con
utiuctlon now tlplmed foi this clause
ot tliu Constitution. ,lf adopted by this
tourt, would uiipettlp the binpss of
the state to on oxtpnt licvond the ca
pacity of any otip to uVntii'. That we
nre not boUnd to do po Is Mlillclently
tl'iu both upon reason ind authority."
Anothef authority cppclally nppll-
able in the present case i- that In Up
I'ottHtown borough. 117 Pit, "".. when;
the nubject'.lfi fulls discussed Th
latest cafe on this question Is Hookers'
Appeal. It W N. r . 2,,
As already set forth the Ad of I'CJ
Is entitled "An Act to authorize the
election of n poor house by the boi
ourIi of Duntnore," iti Does not this
title Klve'such notice of the subject
of the act as would reasonably lead
ji pet on Interested .to an Inquiry Into
the body of the bllf? What would lie
cspect to find' It Is within common
luison that he would epeet to nnd
l.tvivlslor.K for tr" election of bullditm,
foi the election or appointment of ivor
dlteetor-. for the lllllni; of vaennrles
1n the various office" and for many
other matters necesnr tor the k v-
1 nment and regulation of a poor
limiRi' We aie ileal lv of the opinion
that the title Is sufficient and that the
Fupplementaiy net of lKfifi, containing
n provision In sctloi2 as to the fllllni?
f vacancies, which pmvlslon Is prop
el (jeimane to the subleet of th"
original art. l not uneonstltution.il.
THi: POWER TO APPOINT
The second question to be cnmldered
involves the light of the pu'sidBnt
judge of the court of common pleas
of Lackawanna count to appoint '.1
poot dlreetoi when there is a vacancy
The act of ISi!-.' lotlgfil this power in
the cuitlt of qiinrtei sessions of t.u
7Pine count The suiiplement of S!G
made a change in this nutlctil.ir and
nu'hmlzed the pieMuVnt Judge of the
1 omninii pleas of I uzeine enunt to
fill vnc-nnrii"1 The tel.itois contends
hat the piesplent judge of tin court
of Luzerne iounv should continue to
imtcIsp this light if the supplemen
tary ac t Is constitutional, nnd that all
appointments made bv the picsident
judge In our county aie void
This contention Is not well founded.
A slight examination will show that
th proposition Is without ip.isoii to
sustain it Tenltoiy or men once
nmdc the objects of legislation, lemaln
subject to th" laws Imposed however
the manner b which they aie desig
nated, may be 1 hanged Parsons vs.
AMnslow. I fiiant lfO AVhen the sup
pliment if IS'jS was passed I.icKavv.in
na as now toititoiially constituted,
was a pan ot Luzerne count. The
subsequent formation of I-aekawannv
county did not operate to iepe.il special
laws In force In Luzerne. The elmng
ir.g of the name of the municipality
which covered the tenltoi In t'ie
new county did not nbingate the luws
nppllcable to this tenitoij Lack
awanna county vs Stevens. H3 Pa,
46j Whatever the law said must be
done h the court or judges of Lu
rerne count Is bound to be done by
the couits or Judges of Lackawanna
county after the formation of tin- lat
ter county as to matteis within Its
tenitoilnl limits And other conclu
sion would lead to endless confusion
Oui own court (eweptlnpr the w liter
of this opinion) Is on lecoid on this
question It Is fully discussed bv fiun
ster. .1.. In the ease of the Appeal of
John Gibbons, et al . Dliectoi.s. etc.
No. u2"i Apill Term. 189!. It there
foie appears menlfest to us that the
president judge of Luzerne county has
no powei to till a acaucv In the office
of poor diiector of the Rcianton Poor
District It Is well known that Judge
Itiee exeiclsed the power vei unwill
ingly and onlv by geneial consent, and
with the expectation of remedial leg
islation 1 elating- to the poor dlstiict.
He finally refused to make nny ap
pointments Since then the appoint
ments have been made bv the ptesl
di'iit judge of out own court, who un
doubtedly has the power under the
supplement of ISfG to fill all vacancies
In the poor board.
intkiipiu:tatjon of act.
The third question 1 elates to the in
terpietalion of the second section of the
fupplementaiy Act of 186B It piovides
for an appointment to fill anv vacancy
"whether such vncancj occur by the ex
pi! atlon of the term of olllce or otliei
wlie." Respondent's counsel claims that
this provision wipes out the provision
tor the election of pom dliectois In
itio people of the scveial dlstilcts for
jegular tennsas piovldedln the oiiginal
ail and substitutes the appointive for
the elective system The supplement
of 1S66 hns 11 repealing tlnuse The
TUG TORCH TO POWDER.
Touch a lighted torch to the
conteuts of a ponder mill and
up it goesj Hut
it isn't the torch
that blows up the
I mill it sthepow
I der The stuff is
all ready to ex
plode It only
needs one touch
of fire to start it.
When a man's
blood is all ripe
and ready for dis
ease it only needs
a little touch to
start him going
Maybe he gets a
slitrlit cold, sets
wet fe,et or sits in a draft ,
thru off he goes into a gal
, loping consumption.
nut it isn't the draft that
does It; that only starts, him. His blood
was all ready for it In the first place. It was
thick with bilious poisons; clogged with
germs of disease all ready to be roused Into
fatal activity at the least touch.
" My wife had a severe attack of pleurisy and
lung trouble," says Abrum Treer, Fiq of Kock
bridge, Greene Co , 111 . In a thankful letter to
Dr K. V r,erce. of Buffalo, N. Y. "The doctors
fe her up to die. She commenced taking IJr
rierce'i Golden Medical Discovery and she be
gan to improve from the first dose, Dy the time
she hid taken eight or ten bottles she was cured,
and It was the cause of a large amount being
sold here. I think the ' Golden Medical Discov
ery ' ts the best medicine In the world for lane
trouble."
Not only for lung trouble is it the most
wonderful medicine In the world, but for
every form of weakness and debility. It
redeems the very sources of life from these
subtle poisonous taints which lay the sys
tem open to dangerous disease, It gives
digestive power; helps the liver to do its
work; enriches the blond; builds up solid
strength and vital force,
When you l.vid yourself losing flesh and
appetite ; growing listless by day and
sleepless by night there is an rneruy
lurking ready to apply the torch. Write
to Dr. Fierce. Your letter will be con
sidered strictly confidential and he
makes no charge for advice. Ills great
thousand-page book, The People's Com
mon Sense Medical Adviser, will be sent
free piper.bouud for the bare cost of mail
ing, a: one cent stamp, or cloth bound
for ji stamps. Address Dr. R. V. Pierce,
Buffalo, N. Y,
El ill il iBHHHwuA
J' i
Baking
Powder
CO . H1W YOBK.
sttongest argument In favor of this
position In to be found In the case of
Com. ex rel Snover vs. Stewart, 6 Law
Times N. S. 1R9 It Is there decided
that the clear Intention of the legisla
ture was to abolish the elective system
and that no other meaning tan bo de
duced from the winds used. We have
reached the opposite conclusion nnd
will proceed to give our teasons tliere
foi 1 The original net provides for the
election of poor dliectors. They are to
be elected from ceituln districts nnd
for stated terms Numerous provisions
are made for the icgulatlon of the elec
tions. The same net, In section three,
provides for the filling of vacancies
caused bv ' death, 1 catenation or other
wise." Thus, the act contains legisla
tion, Inter alia, on two distinct sub
jects, to wit, the election of poor dlrcc
toi.s and the filling of vaeuncles.
2. The subject of the second section
of the supplementary net relates to the
lllllng of vnrancles only. The section
has no reference whatever to the elec
tion of poor directors. It studiously
aolds any mention of the wold "elec
tion." If the Intention was to abio
gate the elective method the leglsla
tuie should have sold so. A few vvoids
to that effect would have been suffi
cient, it could have enacted that the
section prov Idlng for the olccllon of
poor directors as set forth In the nc t
of 1S6J Is repealed and that hereafter
the directors shnll be appointed by
the president Judge, nnd then proceed
ed to piovide for the filling of vacun
i les ny the very terms and vvoids
of the section, the legislation refets
to onl one of the subjects contained
in the original act and accoidlng to u.
well Known lule of interpretation all
other subjects ate excluded und they
cannot be brought In by Judicial con
stiuctlon. VACANCY HY HXPIKATION.
.1 A vncancj occunlng "bv the ex
piiatlon of the term of olllce," when
the olllce has been once tilled and when
the law provides for the election of a
successoi. Is u curious anomaly, and
can exist only under certnln excep
tional conditions. If the frnmer of the
supplement Intended bj It to abolish
the sjstcm of electing poor directors,
we would characterize the attempt as
u oluiiiBj effoit to secu'ie legislation
by a species of legeidemnln We can
not for n moment believe that the
legislature Intended nny such result
It Is teasonable to think that the inten
tion was to substitute one method of
lllllng v 111 ancles for anothei As to
the meaning of the won! "vacancy"
we are not without some authority.
The question was very learnedly and
elaboiately discussed In the case of
Wulsh vs. Commonwealth. 8D Pn 4M
In that case there was no dispute as
to the oidlmuy signification of the
woul as applied to an office. An oITIcp
which had been once filled and became
vacant on account of the death or re
signation of the incumbent Pleated a
vacancy This was a plain piopositlon
lequlrlng no aiguinent to sustain it
But the supreme couit went further
and decided that the word "vacancy"
aptly and Htly describes the condition
of an olllce when It Is first created and
has been filled by no Incumbent "
The conditions confronting the couit
In the Walsh case Induced them to ex
tend the legal signification of the term
"vacancy" beyond the popular concep
tion of Its meaning In the nbsence
of oeculiai conditions the common ac
ceptation of the use of the wotd must
prevail An office that has an Incum
bent elected foi n legulnr term, the
law providing for the election of his suc
cessoi .cannot become vacant because of
the pxpltatlon of the teim Theie may
be a falluie to elect at the pioper time,
01, the dliector-eleet mav fall to quallfv
and a acuncy may exist for these
causes, but not meielv and specifically
because the tei m has expired
Tiu:si:roND suction
4 It Is out dut now to examine
mote paitlculaily the plnaHcologv of
the second section of the supplemen
tary act of 1866. It Is clnlmed that the
put pose was to 1 hange the elective
svstem of seeming poor dliectors. and
in this connection ourattent'on Is called
to the fact that by the terms of the
supplement the petition far the appoint
ment must be signed bv twenty free
holders from the proper district and
the appointment must be made at a
tegulai term of court, whereas under
the oiiginal act the lllllng of vacancies
was not hedged in with these Impoit
ant formalities This nigument has
no weight The appointment of a poor
dlreetot to fill a vacancy Is Important
enough to require a petition signed bv
twentj freeholdeis nnd It Is entirely
proper that the appointment shnll he
made ut a tegular teim of court, so
wmi me people interested in the ap
pointment should have an opportunity
to be heaid
1'nder the Act of lhfi'J vacancies were
filled by the judges of the mini-tor ko.
slons without petition, at any time. In
open court, 01 In vacation The safe
guatds sunounding the filling of va
cancies, ns provided In the supplement
of 1S66. cuie the defects In the Act of
1862, mid are consistent with the con
struction we place upon the law. He
g.tidless ot the object which the fram
ers of the supplement had In view our
duty Is clear We must aseettaln the
meaning of the act from the act Itself
Whi n, the language of an act Is plain
and admits of only one meaning, the
task of Intei protatlon Is easy. "Where
the words of a statute are plainly ex
presslve of an Intent, not lendered
dubious b the contest, the Interpola
tion must 1 onform to and cairy out
that Intent " Uradbury vs. Wagon
luust. 54 Pa 182
Judges have no right to mould the
lunguuge of a statute In older to cany
out un unexpressed purpose or to meet
an alleged coincidence, nor can they
alter the ileal meaning of vvoids even
If the legislature may not have con
templated the convenience of using
them Looking nt the words of the
supplement, wo find that the vucnnclcs
10 be filled may occur by expiration of
the term of office or otherwise. Ac
coidlng to the original act the vacan
cies would occur "by death, resigna
tion or otherwise." The wnid "other
wise" in the supplement is broad
enough to cover vacancies by death
anil lesignatlon It also covers va
cancies by removal of the Incumbent
fiom the district and by failure of a
director-elect to assume the duties of
his olllce.
WHEN A VACANCY KXISTS
IJut how can there be a vacancy
caused by the expiration of the teim?
Wo know uf only one way and that Is
the failure of the elected s of any par
ticular distt let to elect a poor director
at the proper time The term has ex
pired. No successor has been elected.
Thereupon the president Judge, accord
ing to tho supplementary act, appoints
a director for the full term, or for the
unexpired portion of it. The legisla
ture may ns well have said that n va
cancy could occur by non-election as
to say It could occur by expiration of
the term. Unless wo give he phrase
this meaning wo would be compelled to
hold that the legislature Intended to
abolish the elective system provldeel by
the Act of 1862, without the URe of any
words Indicating such an Intention.
Such an alternative would be subvers
ive of all rules of Interpretation.
Recapitulating the conclusions we
hnvo reached, they arc lirlclly as fol
lows: 1. The supplemental Act of 1866 Is
constitutional.
2. The president Judge of the court ot
common pleas of Lackawanna Is the
proper authority to fill vacancies In the
poor board.
3. In case there Is a vacancy the ap
pointment Is for the unexpired part ot
the whole term of three years, and In
ense of a failure to elect a poor direc
tor, a vacancy exIstB by reason of tho
expiration of the teim and the appoint
ment Is for the full term.
4. The supplementary act docs not
change or modify the system of elect
ing poor dliectors provided by the Act
of 1862.
r. V, J Dlckert, the icspondcnt In
this case, was appointed to fill a va
cancy nnd Is therefore rightfully In
office until his successor Is duly elected
or appointed
Tho foregoing naturally ends the dis
cussion neceBsnry for the disposition Of
the picsent case. Hut we cannot avoid
commenting upon the complications
that will surely nrlse In the future. It
Is eiuestldhablo whether under present
conditions It Is possible to hold a valid
election for a poor diiector In nny of
the districts described In the Act of
1862. For thlity-three jenrs the poor
dlrpctors have been appointed nnd not
elected. During this period the lines of
election districts and wards have been
changed and the Integrity of the old
poor dlstilcts, especially as to the ma
chinery for holding elections for poor
dlreetot s, has been destioyed to a gieal
extent. A part of 11 district cannot
elect n poor director. Spasmodic at
tempts have been made to elect a poor
director from the old South ward, but
as far ns we can now see. although the
question Is not before us, there could
not have been a valid election There
hns not been In existence for several
years for the purpose of an election a
political division of territory answering
to the district known as the South
w aril
LHG1SLATION NECESSARY
It may be that the president Judge
must continue to exercise the undesli -able
preiogatlve of appointing poor dl
iectors until new legislation relieves
the situation and brings the pool dis
trict out of Its present chaotic condi
tion The energies of the parties In
terested In the solution of this question
should he directed to the legislature
and not to the courts. We understand
that theie are now four vacancies In
the poor board These must be filled
by appointment in the usual way ns
the law now stands, because there have
been no elections According to the
information filed In this case. Mr
Murphy claims to have been elected
from the South ward In 189S
While we cannot consider this ques
tion In these proceedings, neveitheless
It Is manifest that there could have
been no valid election at that time, be
cause the machlnerv for holding an
election In the South ward, even by
combining together several of the pics
ent wards und election precincts, was
not In Existence In addition to this,
the piopei period for holding .111 elec
tion In that dlstiict. if such an election
(ould have been held, was in 1899.
These suggestions nre made tentative
ly, and aie not to be considered bind
ing on parties now or hcieaftei Inter
ested In poorboaid matters. Judgment
is enteted In favor of the defendant
We dliect the county to pay the costs.
Judge Archbald did not sit in tho heat
ing of this case.
Attorney I H Ruins, who lepre
ents Attomey John J. Murphy, who
claims to be the legal diiector from
the South Ward of Scianton, said jes
teiday that he will take an appeal to
the supreme court He takes Issue
with Judge Edwards' decision that Mr.
Dlckert Is entitled to the office.
'iv
Will bo roused to Its nntur.11 duties
and your biliousness, headache and
constipation be cured If you tako
g8$p& PiSBs'
bold h- all d-f-Tlstr 2!i cents.
Almost
Men's Russet Shoes
at 69c, 98c, $1.29,
. $1.49, $1.98 and
$2.48.
Ladies' Russet Shoes
at 69c, 98c, $1.49
and $1.98.
Boys' Russet Shoes
at 98c and $i. 29.
Little Gents' Russet
Shoes at 59c.
Russet Slippers at
49c, 79c and 98c.
Russet
Given
Away,
Myer Davidow
The Cheapest und
Busiest Slue Store.
307 LACKAWANNA AVENUE
FALLING
HAIR
RESTORED
by warm shampoos with Cotiodra Soap, fol
lowed by light dressings with Coticuoa, pur
est of emollients and greatest of skin cures.
This treatment will clear tho scalp and hair
of crusts, scales, and dandruff, sootho lrrl.
tatod, itching surfaces, atlmulato tho hair
follicles, supply tho roots with energy and
nourishment, and produco luxuriant lustrous
hair with clean, wholesome scalp.
BoldTMj where. Tottis U.audC. Coir-,8otrropi.
Bctioa. aT-"UowtorroductLuiurUntnilr.Ho-M.
Great
Bargains
Bicycles at one-quarter
of their original wine,
We have six wheels now
011 hand. They were pawned
and as the time has expired,
we will sell them at very low
prices.
Call and See Them.
Davidow Bros
227 Lackawanna Ava,
I
OF SGRANTON,
Special Attention Given to Hit3i
ness and Personal Accounts.
Liberal Accommodations 12.
tended According to 1) ilanccs and
Responsibility.
3 Per Cent. Interest Allowed on
Interest Deposits.
Capital,
Surplus,
$200,000
425,000
WAl. CONNELL, President.
HENRY B0L1N, Jr., Vice-Prei.
WILLIAM II. PFCK, Cashier
The vault of this bank is pro
tected by Holmes' Electric Pro
tective System.
Every shoe in the store
marked down during our
August Sale.
wfes
NEW YORK HOTELS.
The St. Denis
Broadway and Eleventh St., N:w York,
Opp Orac: Church. Uurop:an Plin.
Rooms $i oo a Day anJ Upwards
In a modest and unobtrusive way thero
aro Tew better conducted hotels In tho
metropolis than tho St. Denis.
The frrent popularity It has ncqulied can
readily be traced to Its unique location,
Its home-like atmosphere, tho peculiar ex
cellence or Its cuisine and service, and its'
very moderate prices.
WILLIAM TAYLOR & SON,
WESTMINSTER HOTEL,
Cor. S'xteentti St. and Irvlig Plic:,
NEW YORK.
AMERICAN PLAN,, $3.50 Per
Day and Upvvnrds.
LUKOPKAN PLAN, $1.50 Per
Day and Upwards.
I. D. CRAWFORD,
Proprietor.
A- . -f -f
X For Business Jlcn
4- In tho heart of the wholesale 4-
f district. 4.
For .Shoppers
T 3 minutes' walk to Wnnnmakors; J
X S minutes to Slecel Cooper's His T
"" Stoic. IJfwy of across to the ercut ""
Dry Goods Stores.
X For Sightseers X
f One block from B'way Cars, gtv-
-f Ing easy trauspoitatlou to all 1.
4- polntb of Interest.
! HOTEL ALBERT ;
X NEW YOKK. X
Cor Uth ST. UNIVERSITY pu -f
4- Only one lllock from Broadway 4-
Rooms, $1 Up. H(r.oAnN.br.e X
To PATENT Good Ideas
may be secured by
our aid. Address,
THE PATENT RECORD.
BHUmore, Md.
i'invsm f .! tmLH. a
UM
127 and
Housekeeping
Specials . .
iop doz. Hemstitched, ) flQ
ioo doz. Plaiu Hemmed, (
At 10c each, or
72-iucli Brown Damask, extra heavy
weight; attractive designs; 50c value.
Price 37jc a Yard
White Bed Spreads, pearl hemmed,
ready for use, full size, exceptional value,
98c Each
Connolly & Wallace,
127 and 129 Washington Avenue.
if j on want a nice, llsht
moist loaf of bread that will
not "dry out," uto
"Snow
?
Flour
It is made of choice wheat In
an up-to-date mill vvlicro
everj thing Is clean and pure.
All groieis sell It.
"Weonly wholesale It" v
THE WESTON ill CO.
Scranton,
Carbondale, Olypliant.
TAKE TIME BY THE FORELOCK.'
Car load Just arrived. All styles,
and prices the lowest. Workmanship
guaranteed evc-i on
THE CHEAPER GRVDES.
Keep us In mind and you won't re
gret giving us your patronage you
will get goods aa represented giving
you our easy terms of payment or very
lowest prices for cash. Immense stock
of Household Goods Stoves, Carpets,
Iron Dcds. etc. Flva largo floors full
to tho celling at
Thus. Kely's Stom, vlAlu,
MOUNT PLEASANT COAL
At Retail.
Coal of the best quality for domestla
use and of all sizes. Including Huckwheat
and Hlrdseye, delivered In any part of
the city, at tho lowest prlco.
Orders received at the ofllce. Connell
tiultdlng, Room 800; telephono No 17G2, or
at tho mine, telephone No 272, will bo
promptly attended to. Dealers supplied
ut the mine. ,
T PLEASANT COAL CO
The Dickson Miiiiiifiictiirliis Co.
bcrnntoii and vVtlkei-lliirre, Va.
ilauufuclureri of
LOCOMOTIVES, STATIONARY ONQINES
Hollers, Hoisting and Pumping Machinery.
Qeneral Office. Scranton, Pa.
m mm m mm
129 Washington
SCRANTON'S SHOPPING CENTER.
TOWelS
72-inch
mask, good
$1.70 per doz
price,
Turkish
color, fair size,
The House Beautiful
MSI . JL !
SI7i I i J Iff UkLWjFjMfrLfi
jJa'YwiwsiFfsH
"j ..vt y U
Rugs,
Furniture
WILLIAMS & McANULTY,
129 WYOMING AVENUE.
oil's is
Lager
Beer
Brewery
Mnnuractiircrs or
. OLD STOCK
PILSNER
ffilM55ll.lll5IJ?rtlPJ
Tclcplioiis Cull, 2.133.
II
311 Sprue j S!.
Temple Court bulldlaj,
Scranton, Pa.
All acuto and chronic diseases of men,
women and children CHRONIC, NKHV
OL'S. 11HAIN AND WASTING DISHAS
US A Sl'KCIALTY All diseases of tha
l.lvtr. KIdnoys, Madder, Skin, Ulood,
Nerves, Womb. Eye, Uar. Nose, Throat,
und l.utifc'H, Cuncerb Tumours. I'lbs
ltupturo Cloltre, Ilheumntlsin, Asthma,
Catarrh, Vurlococele. Lost Manhood,
NlKhtly Kmissions, all Female Diseases,
l.eucorrhoea, etc Gonorrhea, Bjplillls.
ltlood Poison. Indiscretion and youthful
habits obliterated Surgery, Tits, Kp.
lcnsy Tape mid Stomach Worms CA
TAlinilOSJONE, Speclllo for Cutnrrh
Three months' treatment only J5 00. Trlal
free In olllce. Consultation and tixaml
natloiiH free, omco hours dully and
Sunday, 8 a. in to 9 p m.
Jdr, densten
D
Avenue.
All L,ineu
weight, soft
Bleached Da-.
finish. Special '
45c a Yard
Bath Towels, unbleached
soft, spoagy, absorbent.
2 for 25c
Full Bleached 22-inch Napkin of ex
tra heavy Scotch Damask, in twenty de
signs, $2.00 a Doz
It is not enough that our
loin
Should wear well they must
combine beauty and durability.
Our goods are selected with the
greatest care, aud if yon buy
here your home will be beauti
ful indeet. See our new
Artistic Furniture.
Coverings.
'uiiimitmniiimiiimiimiiiiiiinii
Don't Forget f
That we are the agents in S
s this city for the 3,
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s ways lus been, a "top notch- .
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1 FL0REY & BROOKS
C ail Washington Avenus. jjj
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B0HANTON, PA.
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LArLIN & RAND POWIItlR CO.'S
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