1 ..S .. THE SCRANTON TRIBUNE-TUESDAY, MAY 15, .1900. j No other aid so great to the housewife, no other agent so useful and certain in making delicious, pure and wholesome foods, has ever been devised. ijWMfiypMf tlOYAL LIVE NEWS OF THE INDUSTRIAL WORLD WOBK BEGUN ON THE SCRAN TON STREET SEWER. Striking Miners of the Mt. Pleasant Colliery Are Given the Preference. John Jermyn Interviewed in Lon don on the Coal Trade Apartments of the Car Accountants Have Been Moved to Rooms Over Horan's Clothing Store The D., L. & W. Board for Today Other Notes. Contractor M. J. Gibbous, with a rorcfi of over llfty men, bc'Ran work on the Hamilton Htrcet Hewer yester day morning, and later In the day the force whs augmented by a half hundred more men, who took up the pick and shovel with much eagerness. The workmen arc all employes of the Mt. Pleasant mines, who went on strike some time ago for un Incieaso in wages. They weic given the pief erence at the work and were g'ad to get a chance to earn a fair day's wages. The work was begun at the foot of the hill, near the liver, and will be pubhed rapidly to completion. The sewer Is to be 4,500 feet In length and will extend from the staitlng point to Main avenue, with blanches on Sev enth, Xlnth, Tenth, Chestnut and Jackson streets. David Sanford has boon appointed the inspector, and T J. McCann and Thomas O'Uricn are on Mr. Gibbons' bond for the success ful completion of the work. Contractor Gibbons has also .secured the contract for the construction of Section 15 In the Fifth sewer district, which will be 10,470 feet long, and will take in North Main avenue, Dean 6treet, Providence place, School sticet, Kdna avenue. Depot street, Pond street, Kennan's street, Weston place, Spring street, Margaret nvenue. Hol llster avenue and Uelmont street. The Mt. Pleasant employes will also be given the preference on this job. Car Accountants Removed. The Lackawanna car accountants' otllce and clerical force was removed on Saturday to the thlid lloor of the Henwood building, on Luckauunna avenue, over Horan's clothing stoiv. The room is large, well-ventilated and lighted by electricity and Is well adapted to the needs of the depart ment. The quarters over Hanley's restau rant at the Lackawanna station, va cated by the ar accountants, will be fitted up fo: utllees at once. Part of the room will be occupied by Superin tendent Daly and his cleilcal forcn from the transportation department, and space will bo leserved for others who are now crowded In the main of tjees. General Superintendent E. G. Itus Eell and force, who wcie located where Mt. Daly's oltlco and cleiks are now, prior to their removal to New Voik, will, again be located in these rooms as goon as they arc vacated, which will probably bo In a week or two. New Extension Opened. The new extension to Duryea on the Scranton Railway company's line was opened -.under very favorable condi tions yesterday morning and an in crease In trulllc was perceptible all through the day. The first trip was made at G" a. in., and the car was be decked with an American flag and carried several of the officials. It is expected that several of the new vestibuled, air-braked, double trucked cms recently ordered will be run on the Duryea line, which will af ford a delightful ride through some ot the finest bcenery on the company's lines. Ily the opening of the Carbondalo utR7UMUsrensR3Bazsz3zresK5?sz5a! PMtf M &Ouralndteoatlon, 1 mmm.-m t uanwoiaaticino I m m mmtmmmir sink ifaatianhn. 10 cents and as cents, at all drag ttorei. mjv f Bjy p fc-jMs Kw There are imitation baking powders, sold cheap, by many grocers. They are made from alum, a poison ous drug, which renders the food injurious to health. BAKING POWDER CO., 100 WILLIAM -ST., NEW YORK. and Duryea extensions, there Is a con tinuous trolley system fiom Forest City to Nantlcokc, a distance of about 45 miles. Could Supply the World. The Philadelphia Press yesterday contained the following Interview with John Jermyn, of this city, cabled fiom London, where Mr. Jermyn Is now so journing: Iomlfln, May 13. Mr, John Jrrinyn, ot Riran ton, l'cnnjlania, one of the larppst dealers in anthracite io.il, told our f oncspotvlent toHnj that the I'nlted htjtos able to rescue l.ii(f lind from the pirtent mil famine aivl, If noi rj. jry, supplv the whole world. Mr. .Trrmjn saM "fiie.it Britain's extremity U Aineriea's op portunity to ilemonlrale its own lioundlei ic Kiurre. Present conditions in (.rent Hillaln mean ..at uie United States eoal export U likely to mehe a remarkable Inipitui, If the situa tion heie Is as strained as repoited, importation Is inetitalde. "liuropean countries have already liren fop-ed to Imado the United States In order to supply their own necessities in the way of a eoal nip plj. Knslind can expect no relief at their hands. It ii not impossihle tlt.it tins coal famine will open Knuland's ei to the superiority of anthraeile our bituminous coal for domestic iies. The result of this enltehtenmcni- will lie that inoie Mtuminouus eoal will be demanded for the nation's imal, railroad and industrial rcqulic mciiK "It is the case, howiwer, that the United States i mild not meet kiieh a demand for an llir.icite eoal The anthracite tlelds of the 1'nited States are by no means too pioduithe for home LoiMimiition." Coil priees are the stiffed ner known in the t luted Kingdom. This condition of affaiis lias Stlen life to .1 MigcrMinn that parliament tik" action to piccnt the expoitation oT coil fiom the kingdom. A meeting of the associated coal operators will he held this week to con sider the adwsibility of a further adiancc ot lln shillings ($1.23) a ton, in the price of their commodity. D., L. & W. Board for Today. Following is the make-up of the Del aware, Lackawanna and Western boaid for today: Monday, May 11. Wild) CATS SOUTH, (i p. in II. T. rriloni. b p. in. .1. (ieirltv. 1" p. m. .1. Hiirukliort. U ii. in. A. I.. Wiilcucr. WILD CATS XOltlll. f! p. in. T. l'itpatrick. S p. in .1. o'llara. 10 p. m. S. Citrinodv. 11 p. in. K. SI. Hallett. Tuesday, .May 13th. WILD C-VTS. SOU11I. 12.20 a. m.-W. 1). Wjifel. f! p. m. A. fieirity. ' ( a. in. K. t'astner. S a. m. (!. llaffeity. in a. m. A. K. Krtclii.ni. ll.su a. m. II. J. Laikln. 1 p. in. 1'. Singer. .I.Jii 1 1. m I'. J. O'Mallcy. 5 p. in. J. W. Itelne. SUMMITS. , (i a. m., south S. rinucrty. T.y) a, m., north (i. Frounfelkcr, 10 a. in., nnitli W. II. Klchols. d p. in,, south SIcLano. rui.i.i:ns. 10 a. in. Lahir. rUMIKIiS. S a. in., south llamiultt. . 11.:0 a. ni., nouth Mm.iii. 7 p. m., koiilliu Murphy. 10 p. in., Boiitli-C. (an ley. iMSSKNonn kncinks. 6.80 p. ni.- Jlctiovcrn. WILD (WIS. SOUTH. 8 a in V. 11. McMllster. 10 j. m.-W. A. llJitliolomcw, ll.yo a. in. It. W. Pec kins. 1 p. in. M. J. Heme, witli V. II. Bartholomew's men. 3 i. m. John CahaKan. 4.15 p. in. ('. Klugclcy. F. V. Stciens, with two ol J. V. Stocns' men, will take U.30 a. in. work train at ixianton, May 15th; flagman and middleman. TJils and That. A new ash pit Is being constructed In the Lackawanna yard, which will facilitate the cleaning out of engines with much more rapidity than the old one. John 13, Welsh, traveling freight and passenger agent of the Ontario and Western railroad, was In Carbondalo jesterday In the Interest of his com pany. W. K. Thayer, contracting freight agent of tho Central Railroad of New Jersey In this city, was In llonesdale yesterday, arranging for a thiough f i eight service between Scranton and llonesdale. G. M. Lowe, of tho Lackawanna car accpuntunl'H oillcc, will leave the'lat ter part of the week for Hot Springs, Virginia, to attend tln annual conven tion of tho International Association of Car Accountants, Upwards of 200 delegates will attend the session, which will be held from Monday to Thursday, inclusive, und representa tives from nil tho railroads In the country will bo present. OPINION IN THE SCHOOL BOARD CASE Concluded fiom Page 3.J the third class (cities of the first and sj:ond clais.es haling already their own peculiar .-ja-tern) arc wise as a legislative, not as a judicial question. The act has flood on the statute book without challenge for nearly a quarter of a cen tury, and millions of dollns of school funds hair been collected and eliOmrreil under its pro visions. WIillo these are not icasons for refus ing to declare it loid. if in the contravention of the constitution, jet they are strongly per suasiie that the act is not so clearly unconsti tutional as it should be (.hown to be to make our duty now to set it aside. Sugar Notch bor ough 102 Pa. 319. SbS. Till'. MATTER. OP TITI.K. Objection is alo made to the act on the ground that Its title gives no indication of its contents in regard to school districts. The ease was argued and treated both In the court below and here, as resting or the act of 1674, and for e-omonlmic has been so considered up to this point. But svllli reference to this second ob jection, it is Important to remember that the act upon which the ease rests is tho at of .lime 18, IfiOl, 1 . I.. 301. It Is true that it Is as it purports to be, an amendment of section 41 of the ad of lt7t. but It is a substantial re enactment with some changes, and is a complete, independent and self-sustaining statute, and its title, an act to amend the forty-first section, etc., "in respect to the representation in boards of school controllers," etc., gives explicit notice of the subject intended to be legislated upon. CoimimI lor appelhnt have rifericel us to sev eral dci.iions in otiier states upon substantially similar constitution il provisions, and they ap pear to lie in cntlie harmonv with our views herein expressed, but it is not necessary to do more than lefer to them in this general manner. In deference to the Importance of the question and the pIabor."e opinion of tne coutt below, the writer has laicfully re-read and compared all of the numerous decisions of this court on the restrictions contained in article S of the constitution. Our present views arc not In con flict with anything that was decided In any of thrni, though occasional expressions are to be met with that indicate some uncertainty and pcihaps even some variation in the views of the writers of the opinions. This was to be ex pected. The constitution of 1S73 was a new departure In tho history of the law Instead of being con fined, in aeenrdanec with the traditions of American institutions, to the framework of the government as composed of general and fundi mental principles, it was converted Into a bind ing code ot particulars and details, which had picvlously been left to the province of ordirary legislation. And the ruling motive will which we aie now specially concerned was profouuJ dis trust of the legislature. PATH XOT CLKAlt. As pointed out by Brother Pcan in Perkins vs. Philadelphia. 156 Pa. 534, article third contains sixty tpecifllo prohibitions of legislation, besidaj other restrictions and reguhtions not abso'ulcly piohibitory. Through these the pat'iwaj for honest and desirable and necessary laws even yet Is not aluavs dear, and it was incviUVe that there should be some uncertainty and even dl vergeneet rom the views of Judges thin fo.-ced to enter on an untrodden and difficult Old. But, as already said, there Is no conflict between what we now hold and anj thing we have here tofore deilded. And the only case which is In apparent opposition is Chalfant vs. Edwards, 173 Pa. 2)8. That case was rightly decided on its facts, as was shown in Sugar Notch borough, 102 P.i. :U, 357, but much of what our late Brother Williams said in the opinion was by way of historical review ot t lie public school svstem, rather than ot discussion of constitutional pow ris, and the authority of the case must be strictly limited to what it decided. So limited, it is In line with all ot our cases on the sub ject, including the present, The evil at which the prohibitions ot article thlid wcie directed was the interference of the legislature with local alfairs without consulting the localities and the granting of special privi leges or CMiiptlons to individuals or favored lo calities. It was said by Stenett J. in Ayar'a Appeal, 122 Pa. 26H, that "during the session of the legislature immediately preceding the adop tion of the picsxnt constitution ncaily one hun dred and fifty local or general laws were enacted for the city of Philadelphia, more ihan one third that number for the city of Pittsjuig and for other municipal divisions of the state about the same proportion. This was by no meins c ceptional." A cursory examination of tne pam phlet lawn ot 1873 shows that no less than thirty one of these local laws relating to Philadelphia were acta over the Heads of councils -in tue courts, directing the opening, paving or vac a tlon of particular streets by name. PiriTCUI.TIKS OP COURTS. This is a fair specimen of the kind of local and special legislation that was the real evil to be corrected, but owing to the breadth of the language lined, perhaps, somewhat due to the wiuthful real with which tho convention attacked the subject, the lourls have bad a difficult task to enforce the constitutional restrictions fully, even "itrrnly," as was said In Morrison versus llarhcrt, 1U Pa. 322, without carrjlng them far bevond the real evil intended to be lemedled, and making thema chain of fetters on the Just requirement of special communities and locali ties. In a forcible but very temperately wordjd report by the committee on local and special legislation to the State Bar association in July, UOT, it ll very Justly cald: "it 1 neither safe nor fair to tt down the continual efforts to Mtipe the constitutions! prohibition, to the psmrelty of the peepte er the wilfulness ot the legislature. On the contriry, they demon' trite the dep-a(ed nd Rr-nTil discontent upon the patt of the municipalities of the itate lth the restriction! Imposed by the constitu tion." 6 Annual Itep. of Pennsylvania Bar asso ciation, 137. Undoubtedly many acts have been passed these framrrs were astute to evade the constitu tional prohibitions. These the courts hire si waji unhesitatingly atrucle down, and may safely be relied on to continue to do ao. But where the legislative Intent Is riot to evade the re strictions the courts .ere not required o be astute In estcndlng them oicr casta not reai.y within the evil prohibited, though the form nil have the appearance of coming within the literal words of the constitution. A very signal Illus tration of thla principle Is found In city cl Tleading . Fatage, 12.0 Pa. 105. The art of May 23. 1874, section 7, P. InIM. authorised cltUa of the third class, by ordlname of co-m-cils, to accept the act, and thereby ajewjlre the powers of a city Incorporated under the act. The City of Bending having pused wen an . ellnancc, filed a municipal Hen for grading, etc., and Its authority being disputed, the court be low held that section of the act tinonstltntlonil on the ground that the act was n-)t binding on all cities of the nlass, saying: "it is il.c com pulsorlly binding character of the law upon all alike in the classification that (dies " constitu tional life." On appeal this naa affirmed per curiam. WAB LOgAfc IN FOUM, That lection of the act was local In form, as It did not apply to all cities of the class, and the court took this vlcw.Doubt having arisen, however, the court ordered a rc-argument and reversed tta flrit ruling on the ground that the act of 1874, being a general act for the (utun Incorporation of cities, the provisions -if section 87 allowinr cities Of the th'r.I class alreidy existing to couic Into tho cieril -Ian did not In any way make the act local or special, the present chief Justice sajlng cities "that do not embrace the opportunity simply remain as they were before, and all that do embrace It become members of the class regulated by general law. There Is no possibility of any ece-osc of the powers or prhilrges conferred by the fifty sev enth section which can work affirmatively a local or special result. Whatever Is Isns by viitue of tills section simply comcrts tint which was or might be local or special into that ihlcli Is general." City of Tteadlng is. Sav.iip, 121 Pa S2S, 33. Other Illustrations will be found In Kvans s. Phllllppl, 117 Pa. 220; road In Chelt enham, 140 Pa. 136; and Bennett vs. Vj-cin, 171 Pa. 221, particularly the remarks of Itlee, P. J., on statutes local In form, but not ill intent violative of the constitution, pp. 2'.17. It may therefore be taken as eettlcd law 'hat In cases of this character the courts will look beyond the mere form of the act, anJ examine Its true Intent and effect, in the liijnt of the purpose of the constitutional restriction!. Judgment reversed and judgment r.itcrcd for defendants (appellants), with costs. One Fare to Washington, D. C, and Return via the Lehigh Valley Rail road, Account Imperial Council, Order of Mystic Shrine, May 22nd to 24th, 1900. Tickets will be on sale May 10th, 20th and 21st, from all stations, Phllllps burg to Buffalo, Inclusive, Including branch line points, limited for return passage to May 2Sth, Inclusive, thus af fording one week's stay in this beauti ful city, a tilp to which at this season ot the year is particularly delightful. Tickets will be honored on any train, except the Black Diamond Express. For additional Information consult Lehigh valley railroad agents. Mayflower in Commission. New York, May II. The Ma v flower under or deis went into commission today. Blhoucness, sour stomach, constipa tion and all liver Ills are cured by 's The non-irrltatlng cathartic. Price 25 cents o! all druggists or by mall of C.I. Hood tie Co., Iwell, Mass. One Night fo Denver CHICAGO & NORTH-WESTERN RAILWAY 'THE COLORADO SPECIAL, leaves Chicago at 10 every morn ing, via Chicago-Union Pacific & North-Western Line, arriving Den ver 1. so next afternoon and Colorado Springs and Jlfanilott same evening. No change of cars; all meals in din. ingcars. Another fast train at o.jo p. m. daily. New book, Colorado Illustrated, mailed on receipt of four cents postage. Call on any agent or al 461 Broadmay, Ntui York S Vino St.. Cincinnati 00! ChtftSt.,Phllad$lfkla 3S8 Waihlnot9n St..Bott9n 301 Main St , Buffalo US Clark St., Chloago 507 Smlthl'lj St.. Pltlrbura !3t SuptrhrSt., Cltotland IfCanDUO'Martht. Dotrolt 2Klng8t .Eaot.Toron'o.r'nt. NEW YORK HOTELS. WESTMINSTER HOTEL, Cor. Sixteenth St. and Irvine Place, NEWJTOBK. American Plan, $3,50 per day and upward. European Plan, $1.60 per day and upward. I. D. CItAWFORD, Proprietor. - 4 X Vov Business Men 4- In the heart of the wholesala 4- district. For Shoppers z minuies waiK 10 wanamaxera; S minutes to Slegel Cooper's Ble Store. Easy of access to the ereat Dry Goods Stores. For Sightseers One block from B'way Cars, glv. Ins easy transportation to all points of Interest. HOTEL ALBERT NEW YOIIK-. Cor. 11th ST. ft UNIVERSITY PI Only one Block from Broadway. Rooms, $1 Up. pffi.!.!.. MADE ME A MAN AJAX TABLETS POSITIVELY UUIUS orT.Iopoteacr.BiMrlcwaeeta.. coated by Abuao or otutr fjauct anil India cretlooa. Thou auUklaanA turtfu reitoro LottVlUlltr in old or roans, ani til a ma 'itafent in lima. The msntknd effMte A fill 111 1st unoa Latins the zencine AJol Tablets hare corodUiouuuida and vUlouroron. WsriM apoi. ltUa written snerentso to effect a euro KAnTC 'a each case or refund the doner, tticewv iwirr pacKaco) oriu pacta null rata pacta (tull treatment! for I2.W. Pi trolL tn plain wrapper, open receipt of price, circular fiuaA llV rr3ar3r rf IB bcarbarm &L. mVJllDWTAI wrvv Kcmcii wis., Calais, 111. For sale In Bcranton, Pa., by Matthews Bros, and II. C. Sanderson, DrugtUta. Isl N7 aroraiuar, ouameae or marriage. i IsMnltr and Consumption it Ir n ehowa lomedlata inprojo- taken ; vhfir All other lull in. . Ther QonriollvSWallac SCRANTON'S SHOPPING CENTER. A Most Uncommon Offer of Stylish Wraps for Women This announcement tells of the excellently tailored Jack ets and Coats from our own carefully selected stocks, a portion of which are imported from best Paris makers and those bought on this side are from American makers who produce the high est character of workmanship. The offering includes Eton, Yaloro, Fly-Front and Reefer Jackets, as well as Top Coats. Materials are Broadcloths, Kerseys, Cheviots, Covert Cloths, Taffeta and Peau de Soie Silks. Some are plain, but many are stylishly trimmed. Today's reductions make the Most of Them Half, Others l3 Under Price And these concessions are from our own regular prica that were already quite low. In actual figures this means Excellent $10 Jackets for $5. Others The regular selling prices on these run up to $45.00. Tho quantities are large, selection is very wide and sizes quite com plete, Such an offer might'be expected the latter part of June r it is quite extraordinary for the middle of May. CONNOLLY Like Burning Money to pay It out lor Interior work. Better upend twke the amount on a job well done, II that were necessary. PLUMBING WORK, in all Ha brandies is our business. We are thor ough rasters of it and all construction or icpair work will be pel feet In every particular. The best maierial Is used, and only bkilled workmen emplojed. i S25.3S7 PENN AVENUE. ! IBS I Lager Beer Brewery manufacturers or OLD STOCK PILSNER 435 to 455 N. Ninth Street, ,PA Telephone Call, 2333. DR. DBNSTKN, 311 Spruce Street, Scran ton, Pa. All Acute and Chronic Diseases ot Men, W omrn an i Children. Consultation end examination free. Olllce Itoari Dally and Sunday 8 a. m. to 9 p. m. from $7.50 to & WALLACE, oooooooooooooxoxooxox 0 1 WILLIAM X 129 W V O IVI I 00000000000000000 & THIRD NATIONAL BANK OF SCRANTON. ORGANIZED 137S DEPOSITARY OF THE UNITED STATES, Capital SSOO.000 surplus 000,000 WM. C0NNELL, President. HENRY BELIN, Jr., Vice-Prei. WILLIAM H. PECK, Cssbler. Special attention given to busi ness accounts. Three per cent. in. terest paid on Interest deposits. ITTnTTTTSTT'HS'''' ill PLEASANT COAL At Retail. Coal of the best quality for fiomeatlo ueo and of all sizes. Including Buckwheat and Blrdeeye, delivered In any part ot the city, at the lowest price. Ordera received at the office, Connell bulldtnc. Room 806; telephone No. 1762, or at the mine, telephone No. 272, will he promptly attended to. Dealers supplied at the mine. novm usiii m co AffMplDf.DduarortunteiuBetfrifr0mL, flllllUlUUrriTvdift. llUodroUoti.r Youthful Kirori, Loit Vlullij, trioootlt. tw, f wad for Hwern TettliaonUU tckr "Truth- to Iror, , F. TIIL-CL. Al. 1.,K V3&.HA)au mono eum u, I'DiiaaoipDis. p k $urle I'osjitlvflr ib 9j pfcuiui' u tbi Taici bttlei to etr to t bonis th id! ulcbrtitd pe L kliittfaUItd. Frtbesiefeorf41a4 1 10U;t llouril $ Of TTTT T'T'T'TrrTTT'TTT'T'rT F' T " 'T1 T m $25. 127 AND 129 LACKAWANNA AVENUB v Draperies Rver think how much a bit of Drapery adds to the beauty of a room? You ought to see that wonderful display of rich oriental colorines in moderate priced domestic fabrics on dis play in our drapery department. Lace Curtains Over 300 designs shown at prices to suit purses. Carpets, Wall Paper, Artistic Furniture. S & MgANULTY IN C5 AVENUE. 00000000000000000 0 tSIIIIIIIIllIIIIIIIIIIIIBIIIIIIHIIIIIIIIIIIQ I You Don't Know the Full Pleasure of Cycling;, g Unless You I Ride a a I Sold Only By I FLOREY k BROOKS, ) I 211 Washington Ayc. 5 mm tm niiiiuniiiniiiiimiiiiiiiiiiniimiiiD THE Booms 1 and 2, Com'lth BTd'g. BCRANTON, PA. nining and Blasting POWDER Uade at Mooalo and Ruin Jala Worlu. LAPUN & RAND POWDER CO.'S ORANGE QUN POWDER Eltetrlo Batteries. Eleatrla Exploders, exploding blaats, Safety Fuse and Repauno Chemical Ca's BXRC SPALDING POWDER AtV