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THE SCRANTON TRIBUNE-TUESDAY, JANUARY 22, 100.1.
M
'&&&
An Excellent Combination.
Tho pleawuit method nnd bcncllclnl
effects of the well It noun remedy,
Srnup of h"iaa, manufactured by tlio
California Fio Srnui Co., Illustrate
thcvnltioof obtnlnhiff tlio liquid laxa
tlvo principles of plants known to bo
medlclnnlly laxuttvo nnd presenting1
t hum In thu form most refreshing to tlio
taste nnd acceptable to the (system. It
Is tho'ouo pcrfeot ptrcngtlifculng' laxa
live, eli'nnslnir tlio systom effectually,
dlspolliiiK' colds, headaches nnd fovors
fjently yet promptly nnd enabling ono
to overcome habitual constlpatlonper
ninnently. Its perfect freedom from
every objectionable) quality nnd Bub
stnuce, nnd Us nctlui? on tlio kidneys,
liver and bowels, without weakening
or Irritating them, inalto it the ideal
laxative.
In tlio process of manufacturing flc.i
arc used, as they nro pleasant to tlio
taste, but, tho medicinal ((tialitiesof tlio
remedy nro obtained from KCiina nnd
other "aroinatlu plants, by a method
known to thu California Fio Syiiui
Co. only. In order to get Its beneficial
effects nnd to avoid Imitations, please
remember the full name of the Company
printed on tho front of every package.
CALIFORNIA Fiq SYRUP CO.
ban rnANciaoo, cal.
LOUISVILLE. KT. KEW TfORK. W. T.
ForBSle by all Drugglitn. l'rlco BOo. por bottle.
Ice Cream.
BEST IN TOWN.
OC Per
J)C Quart.'
LACKAWANNA DAIRY CO
3 clarboneOrdiri Promptly Dllvrl
t'S'S'J Adams Avenus.
Scranlon Transfer Co.
Baggage Checked Direct to Hotels
and Private Residences.
Office
Station.
D.t Z. A W.
Phone 625.
Paisenger
DR. H. B. WARE,
SPECIALIST.
Kyc, Ear, Nose and Throat
mro TToura a. in. to ItSO p. m.; ! to i
Williams Building, Opp. Postoffle.
LSMb
sv
4. 4
4
CITY NOTES
V -f
t l '.HUMANS' MCETING. Tlie rfuiliman jr.J
luliuiii Mill meet tomorrow luiilne .it 7 n'eloik
hi Itaub' hall on W online menue.
PAY HAYS. No more lujinfiits will he nidile
l, tlio I.Jckju.inna ami Drlinan niiil lluilsoii
ii'iniMiilea until tlio latter jnit of Ilic wccK.
Mi:i;riN TOXKIIIT.-Tln Jcnl-li CliaulJiiiiut.
sulci- will hold .1 iiuillnir at (lie roslilmrc of
Mr.. .Mux TiuiiKdl, Till Miillwn awiim, this
clrniiih ut ts O'clock.
KNTRIIKII ll.IL-c,ioii,M Mr-Liine. ol Mum..'.
wan arralKiK'd liifim Aliltnmin Millar jrstrriUy
id tlio ilium ol ii.-s.ililt ami l.-tluy, Hihlli.l
by Arthur Klior. Mcl-mu utircil u lioarliis jiul
ciilcrc! jO) lull lor onMr.inci! In couil.
. f. T. f. MIT.TIMI.-Tlu Wonun I IiiIm
then Toni'icraiiic union will meet tills afternoon
ut a o'clock in tiiii'i lues's lisll. Tlio imctlni;
will bo ol .in oiangolMin eliiiuctii, led liv
Mi j. Kmlli Ilium-.
DI'MI'IM) AMIIIS (IV STIIi:i:i'.-Jainc lliogon,
(I llro.idu.iy. a.is auostrd ami taken before
Vldcrman Howe mi (ouidaint ot tho Mrm el.
inrtnicnt, for duuipin aUion on the street. lie
js lelc.isicl upon luiiieiit of the owli nnd
iniinl-o to runout tlio .islns trom (ho utropt.
I'KIIKINS l.l'.crt'lti:. -There U moie food for
thouuht In ono of i:ii lVrkliu' talk than is to ho
Hot Irom tlio loiiKthy dUcoiiini's of lecturrrt
hoo themoa au ot a more Korlou, nature, Mr.
I'trklns who apiti ut tho High school on
Thuisda, conliitf, is well known, not only a a
.Jiuinorist, hut toi his uidvcial!y load liook on
,Jihilooihiral mhjottii, Jle 1, a colloso rduoatod
'man and Iu had the rntiU UioioubIi and interest
in;; tralninir an a journalist. Ho not only know
'all about wit and humor, hut kIiom In hU audi
'Ciuo ut ilc.ir iiiureiilandliii; of caih. Wliile it
Jins wltlillbo.Slfiti'iiV 'ilittlculfy that ho was c
filled fnfjljuirpjjiy fvcninir ia lus consented to
'icllu'r rivn lecfiues in ono ceninK, thin offcrinc
an opportunity to hear the two for tho rot of
ticarlilft ono. Tho mIo of seat in still progressing
Did Illy 'at I'hUiII'h music stoic
f -
W .offer subject to previous
; sale
$9,000
Lehighton Water Supply Co.
Qblcl Bonds
5' -per cent. Free ot Tax.
ture 1020.
Ma-
lu company own 2,Oilo acies of land,
and control tho water-shod, an well as
tho aailahlo water supply,
Water Is .lurnlslisd to tho town of
I.ehlifliton mil jWi Import, an well as the
Ichlgli Valley road. Tho sjsteni
first-class In every respect.
l'rlco and particular ou application.
f 08 BrodMay.Irr. T. .' ' Wlu-nrre. -f
. -. ...,J?',rbondale. 4-
' 'f.'raD'nTOUuiUldL'. Saauton. -f
-
HEMMI
S3S
TWO SLICK SWINDLERS.
They Uso a False Measure In Soiling
Vegetables.
Tho litibllo Is warned to look after
two crooks who Urc iniiBquoradltiB as
fanners, ami who quite (successfully
worked tho Thirteenth ward yesterday.
They have potatoes and apples for
sale mid when they make sales show
a bushel basket full of their wares.
They visited Mrs. K. I' Chamberlln
yesterday and for some reason her
suspicions wore moused by tho man
ner of the man who went to the
cellar wtlh vegetables. She followed
him nnd discovered that he was pour
ItiB tho very smallest bushel of pota
toes Into the barrel which she over re
membered seclniT.
Arralnst his protestations she Insist
ed on examining the basket when she
found a smaller basket nicely fitted
within n larger one, enablnB hltn to
rIvo a half bushel for the pi Ice of a
full measure. She made him tnko
away his potatoes and telephoned for
nn officer, but up to date saw no ar
rests made. The men are described us
rough looklnR Individuals who are
evidently not fanners ut all, but simply
swindlers.
HARTLEfGETSBACK
AT THE CITY CLERK
Says All Balances Have Been Prop
erly Transferred and That Mr.
Lavelle Assumed Powers.
Deputy City Controller Charles A.
Hartley stated most emphatically yes
terday to u Tribune man that all bal
ances from tho appropriation of 1S9!)
subject to ho merged and not other
wise provided for 'had been trans
ferred on his books to the Judgments
and Incidentals account for this year.
"The city cletk Is wrong," said he,
"when he asserts that we have not
complied with the provisions of the
last clause of the appropriation ordi
nance and there Is no reason for the
Introduction of the ordlnanco which he
has caused to be Introduced repealing
that clause,
"These balances have all been trans
ferred with the exception ot those loft
In appropriations made for specific Im
provements and these we cannot trans
fer because tho councils themselves
liavo directed us not to. The city clerk
has been contending nnd charging and
counter-charging nil nlong that we've
been doing things contrary to law In
this otllce, but If the truth were known
he's the one that's been doing that.
"He has been assuming functions all
along which he has no right to assume.
His dutli'H are purely ministerial but
he has been assuming executive au
thority. Just one case In point. An or
dlnanco passed i enpprnpi luting a bal
ance which remained In an account for
setting circular cuili stones on a eet
taln street.
"The mayor signed the measure and
It wnt to the city clerk, whose duty
It was to Immediately certify a copy of
It to this otllce. Ho failed to do thli
for two whole months after It had re
ceived the signature of the mayor be.
cause he contended that there should be
no balance remaining; that we should
have transferred It when any person
who knows anything at ull could un
derstand p'alnly that It was for a f pe I
flo Improvement hud could not he
transferred.
"Tho court today In the opinion
handed down In the liarber Asphalt
case holds that he has no authority to
say what warrants shall bo drawn and
what shall not ho drawn and that he
has no discretionary pov,er. That's
what we've always contended In this
ofllce. We've contended that ho has
been usurping power and so he has,
but I guess there will be no further
troublo In that direction."
NEXT SEASON AT LAKE LODORE.
Booking of Excursions for 1001 at
That Popular Besort Has Already
Commenced.
The Delaware and Hudson company
has just Issued an attractive little
hrochure relative tu the excursion sea
son ot 1901 ut Lake l.odore, containing
several beautiful half-tone engravings
the handsome now depot In tho sum
mer shade of overhanging boughs; tho
great white dance pavilion In tho
midst of tho far-stretching groves,
and vailous aspects of the boat-dotted,
magnificent lake Itself with Its
llve-and-a-half miles of varied and
charming scenety. All (all and winter
a sttong force of men have been at
work on the excursion grounds with
such effect that there Is a general de
sire on the part of the people to hee
this resort in all Its fresh, new beauty.
Applications for dntes are already
coming In, and hooking has com
menced by Jlr. H. W. Cross, district
passenger agent of the Delnume nnd
Hudson llallroad at Scranton. Circu
lars descriptive of Lake I.odoiv and
the Improvements on tho grounds m-.
In (ho hands of all Delaware and Hud
son ticket agents, who will he pleased
to supply them to tho public upon
application.
m
AT THE ASH STREET CHURCH.
Meetings Are to Be Continued All
This Week.
The Diummer Kvangellst, Itev. AY.
II. Williams, closed his stay with tho
Ash Street Methodist church last
night, with the seekers of religion nt
the altar. Two have been converted
and three men have joined the church
on probation,
Itev. Austin, the pastor, thinks ths
Interest Is such that he will contliuu
tho meetings nil this weeek. Itev.
Madison will preach tonight, and Rev.
Doty tomorrow night.
How It Goes in New Orleans.
During tho present cold nnd grip
season twenty-five thousand and thirty-two
boxes of Laxative Uromo
Quinine have been purchased by the
loiiowing whoie.salo drug houses of
New Orleans; I. L. Lyons & Co., Fin
lay, Dicks & Co. and L. X. Urnnswlz
& Co. ..
Indian River Oranges.
People who know about Indian River
oranges know that there are but a few
hundred boxes grown this year. Flor
ida oranges and Indian Hlver oranges
aro altogether u very different orange.
Indian River oranges bring twlco tho
price, and do not begin to be good
until February. Should any ono wish
a box or half box of Indian Hlver fruit,
oranges, grapo fruit, Tnngauncs or
Conquats, they can leave- the order at
13. O. Coursen's or Dr. Q. 13, IllU &
Son. Tho Tangaune orango or Man
daune nro ready for market now.
iNettleton's Removal Salo, Washing
ton Avenue.
Hliotb and rubbers at all prices, to
clct? ;ut b. tc uniOial.
PEREMPTORY
WRJTDENIED
CITY CLERK NEED NOT DRAW
THE WARRANT.
Effort of the Barber Asphalt Paving
Company to Compel Him to Do It
Is Not Sustained by Judge Arch
bald in nn Opinion Handed Down
Yesterday Hia Opinion of the
Questions Raised on tho Demurrer.
The City Clerk Acted Within His
Rights in the Premises.
Judge It. AV. Arehbald bunded down
In the matter of the demurrer to tho
return to altet native mandamuM In
the case of the Harber Asphalt Pav
ing company against Mnrtln T. La
velle, city clerk. Tho opinion follows:
Ily tlio act of .tunc. ISM, 1'. h. St?, tlio courN
of common picas in thle state aro empowered to
issue writs of mandimus "to all ntlkris and man
islrates elected or appulntcd in or for the respoc
tile country or In or for any township, district
or place within such county." The wording of
thin statute N practically the same as the ait of
dune II, 1S30, P. I,. 0.0, which preceded it, and,
while cities arc not CTprely named in cither,
jurisdiction to eoiiipel city otlkers to perforin
a lnlnltnl.il duty lias been freely assumed under
tlicin, Thue is, then fore, no question u.s to our
authority oicr the respondent, pros Med he Is
such an otllcrr as the statu contemplates, and,
iiotwlthstandinir the earnest argument of tho
learned counsel who represents lilui, wo think
that he Is. Ilic contention Is that ho Is not an
olllcer, but a lucre employe, the creature of coun
cils, who elected and can rcinoic him and who
prist nbe the duties which ho is to perform. Hut
to this wc cannot acicc.
'I lie city clerk as n definite city olllel.il Is ex
piessly leioRiiired by the ait of May 'J3, iss'l,
1'. L. '-'77, rchtluu; to cities of the third class In
at leat two places, in section 8, article 0, where
it Is proiidcd that all ordinances may bo proicd
by his rortlfirate under the coipoiato seal and
that within one month after their p.isai;o they
slnll bo rei-oidul by him in a book piovhled for
lli.it puipose; nnd .uraln in section ti, urtlele 7,
where he, with the cloiks of tho clllforent
bundles of tho councils and oilier city depart
Hunts, Is excepted out of the subordinate otlleers
of tho city whom the major, with the adiioo and
con-nil uf the select council, Is authorircd to ap
point TAMiiNn i:staiii.isiii:d,
.Si far as concerns the city of Sirantou Ids
slandinjr Is established by ordinance of July 15,
IST'P, wlili h, ns ainiudod Manh 13, 1SS4, pro
lidos that the select and minmoti councils In
joint session shall elect biennially in April an
oHIiir to lie called tlio city clerk, who shall act
as eleik of nidi council, keep a Journal of their
acts, ricnrd nil otes, ordcis, resolutions and
ordinances made and passed by the council,
whether by concurrent xoto or in convention;
from time to time furnMi tlio chairman ot each
joint committee with the mines of numbers of
the committee; furnish tlio city eontiullor with
a certified copy of all soles of councils rcquirinc
the expenditure of money; furnish to all heads
of departments and the chairmen of all commit
tees certified copies of Midi soles or icsolutions
ns rehte to their respective depigments or com
mittee; ait as eleik of the Joint stanilinsr com
mittee of the louneils and keep a journal of their
prom'. linns; ketp in his cdice the iiicsmcnt
hooks of the clt); pupaio the tnx dupliiates for
the city ticasiuir; ait as ilctk of Hie board of
ri iIon and nppeal and hup a journal of their
pioceeiliu, mid when any assessment is abated
or remitted isue a certllliate to the peron en
titled then to ot the amount iiinltled; perform
Fucli other clulles as councils may piescritie and
null cliiic.il duties In loiiL-ini; tu the ofllie of the
lily controller or city solicitor as aro not other
wise ilc limit, and siipei intend all piiutliiK or
ilunl by mum IN. Iiws and Oiillnanccs piires
l.i7, l."K IMItloti of l')l. Itv coneurient iimiIii
tion of the councils; uppniwil by tlio major All?.
i, lvil (not found in (ho authorized compilation
of the illy oidiiiincirt), he is Riven the further
important duty of prcpailnir, signing and Issuing
all city warrants drawn on tho treasurer.
i.Aitci:i.Y t mticAu
Wliile- tbee duties, is sujiRcsled, ale largely
cluieal ami nro IKcd by oidliiaino or resolution,
by which alfo they may be iliatiiccd, thej are of
suili iharaeter and extent and ho ownll.il in ami
Involved In the ouleily conduct of the city gov
ernment tliat they constitute the clerk a public
ofllccr uf the city and not merelj an rmplojec or
ape tit. Ilic term public oiuier, sajs the enoyclo
pedii, "cmbraics tne idea of tenure, duration,
emolument and duties and has respect to a per
manent public tmst to bo exercised in behalf of
Kourniiunt and not to a merely transient, occa
sional or iucielintal implnj incut, A person in tho
service ot the government who dcrlvci his posi
tion from a duly ami legally authorlreel election
or appointment, whose duties are continuous In
their intuie nnd defined by rules prescribeel by
gov ri nine nt, and not by contract, and loiisistlng
of the exercise of Important public powers, trusts
or duties as a part nMlie regular adniinlstiatioii
of the government, the place and duties remain
ing though the Incumbent dlej or Is changed, and
wlio icceivis his compensation nut of tlio public
treasmj- Is a public olllur and his charge or cm
plo.vmint Is a public otllce. M Am. KnejcliipedU
of l..iw, I'iist IMIIion, page nS.t.
Tlio city ileik in our judgmint is an olllcer
of this descilptlon. While the inciinibint may
hold his place nt the pleasure of councils, ami
to tint extent be under their dictation and con
straint, the oftlio cannot bo done away with nor
Its duties, modified or controlled except by duo
legislative action cm the part of council, ap
proved by the major. Having this degree of
permanence, witli duties sn (U lined nnd entering
m miterially Into the conduct of city affairs, In
the ejes of the law it Is a public- olllce, and the
pel son who fills it is a public olllcer, who can be
leached by maud mills, as is now pioposed.
14 NOT nibl'iim.OS'tllV.
The duly, moriover, which the lespomlent has
reiused to pcrfoim Is a inltiMiTl.il and not a dls
iietionaiy one. 'Ilic statute provldiri that no
money shall be paid out of the city tieasurj ex
cept upon appiupilatlous mule accoidlug to law
and on wanant drawn bj the piopir ofllccr In
puisuanie tlunof. Ait Slaj 2.1, lsyj, article t,
fcttliti 7, P. I. -77. Ily the concurrent icaolu
lion of Aug 2'', lf-M, alicady quoted, the poison
In the cltj of Siiuiiioii who is to puparc and
issue cm h u. in. mi. Is tho city clerk. Ilc must,
of course, be aulhorizul in any given case by the
ticcev-aiy pliccdlng slips, but whin they luvo
bun dulv taken there is nothing for him to do
hut to draw up a wairant and lvue It to tho
paity entitled tbeicto. Ilc has no discretion to
exerei'c and cannot allow or withhold it accord
ing to whit may eecm to him proper In tho
piemUc-l.
It is not for' him to watfh the appropriations
and i-eu whether they have been exceeded or not;
the ciTy controller Is charged with that duty and
time is no place for any other to exercise It.
Neither Is It for hint to say in what older claims
ugilnst the city made payible nut of the special
fund shall be picscutcd or paid. Ill the present
Instuiiie the plsintltl's bill has been passed bv
councils and a wairant directed to be drawn and
this action has received the ofllclal approval of
the major. The bill has alsu been audited by
(In- city controller and certified by him to tlio
ilrrk, so that all he prc-icriultltc steps luvo
been taken, It is not now, therefore, .for tho
respondent to hold up the paj incut because, at
ho suggests, there ate other oustandlng clalmi
whlih exhaust tlio fund appropriated for Judg
ments and incidentals, out of which It is dlruted
tu be paid, and if that were all thu case a per
emptory writ would have to go out.
Hut it Is urged that the iblm Is an illegal one,
because tho work and inateilals vvcru nut author
ized by any previous orillnmco or resolution and
that tho ordinance piovldlug for their paj incut
after tho word had been done was In violation
ot law and, therefore, void, Section 5, article 1,
act May 2J, lfeti, l I Mi, provides that "nu
ordinance shall be passed giving any extra com
pensation to any ollkcr, servant, cmploj'e, agent
or contraitor, nor providing for the pajment ol
any claim against tlio city without previous au
thority of law,"
KAU.S U.NIIKU I'ROIIIMTIOX.
It must bo conceded that If tlio plaintiff's
claim falls under this prohibition It Is fatal to It
and the wilt must be denied, According to tho
suggestion on which the alternative writ won ob
tained, I he basis of the claim is an ordinance sp
proved Aug. 31, 1D00, "iirmldluij for tiajlns for
ihe ptvrment recently laid on I'ciin avenue frorll
Ing property of .lohn lfandley, deceased." The
very title thus discloses that the vrork had al
ready been done, and this Is confirmed by what
appears: In tho body of the ordinance, namrlyt
"Section 1. lie It ordained, etc., Hut the city of
Scranlon hereby assumes the pij-ment of cine
naif (ho expenses of asphalt pavement recently
laid on l'rnii avenue, frontlnir property of John
ttatidley, deceased, the executors of the Handley
estate having agreed to pay the other half. Sec
tion 2. Upon the passage of this ordinance and an
appropriation being available tor aald purpose tho
proper city oftkor shall draw and Issue u illy
warrant In the sum of $90 far the llatbcr Asphalt
I'avimr company and chirgo to appropriation for
Judgments ami 'incidentals."
We do not see how the plalnllfhi can escape the
charge tint this Is nn attempted assumption to
pay for work done by them which they had no
previous authority from the city to do. If to It
runs counter to tho statute and is avoided by It.
In doing the work without mirh authority they
were mere vulunUcrs and tins city cannot be tn.idci
to pay for that whlih It Is In no way llsble.
Tho general municipal act of 1874 did, Indeed,
permit It after the fact by vote of two-thirds of
the councils, approved by tho major. Art May
2-1, 1S74, section 6, P. I.. 231. llut tho act of
1SSP, relating to cities of the third class, Ins no
suih provision and tlio omission Is significant.
Is tlio respondent entitled to raise tills ques
tion? On general principles, as we have already
said, his duties in drawing a warrant, being min
isterial merely, lie would not be, councils having
pas-ed the bill, the mayor opproved and tho
controller certified It, It would remain for lilin
simply to lsne a warrant for tho proper amount,
llut In addition to what we have quoted above
from tlio statute, and immediately following It
there, the Oct goes on to declare! "And any
olllcer drawing or countersigning any warrant or
passing any vouiher for the same, or paying thu
same, shall be guilty of .a misdemeanor and on
conviction thereof shall be punished by a fine
not exceeding $.1,001) nnd Imprisonment not ex
ceeding one jear."
A .NTHIXOKNT I'llOVISIO.V.
Hy fids most stringent piovlslon the act
endeavoicd to prevent In every possible way
hat
the
recognition or enforcement of anj such claim,
and the city clerk who draws a warrant to pay
for It, knowing that It is Illegal, falls directly
within the penalties nf the statute and for his
own protection may set this up in a case of this
kind. It does not matter that all the branches
of the government major, louneils amf control
ler have found In favor of the plaintiff Hilt
would not piotect tin- chrk If he knowingly net
oil contrary to the law, nnd he l, therefore, to bo
upheld in tlio standing which ho has taken, not
only for his own safety, but for the good of the
city,
lie solves not the (nuniils only, but the public
bj- virtue of his public station, and he his a
right to talse this qurstloii as lie duos III his
answer In their behalf as well as Ids own. As wo
cannot bo expected to compel him to do an ait
so prohibited j peicmptorj' writ must bo denied.
Judgment Is given nn the demurrer in favor of
the respondent that ho go without day with
cos Is.
CITY CLERK MUST
ISSUE WARRANTS
Judge Aichbald Directs That a Per
emptory Wilt of Mandamus Is
sue to City Clerk Lavelle.
Judge Arehbald yesterday grunted a
peremptory writ of mandamus to com
pel City Clerk Martin T. Lavelle to
lssui! warrants for the amounts clue
former Patrolmen James Saul and
Stephen Dyer, whose claims vveto re
cently passed upon favorably by the
city councils. In Ills opinion Judge
Arehbald says:
"While the city cleric Is an Import
ant public functionary, the duties
Klven him by ordinance do not extend
to tho auditing' and checking up of tho
vnrlous city appropriations, nor watch
Inir to see when and how they aro
diawn up or exhausted. It Is for the
controllor to look after these thlnirs,
and ns he has undertaken to act In the
premises and approved the plaintiffs'
claims, according to tho respondent's
own statement, that Is the end of It.
While the police appropriation may be
exhausted, the controller has charged
these claims to tho fund for Judgments
and Incidentals, clue, no doubt, to tho
fact that the rights, of the relators
have been udjudlcated and sustained
by the Judgment of this court, and It
Is not for the respondent to Question
this action.
"Much less can he pretend to say In
what order claims against the cltv,
which have passed the councils, shall
be approved and paid. AVhere the
claim Is a legal one, and he has been
directed to draw a warrant on the
treasurer to pay It, he has no option
but to do so and fcnd It to the con
troller to be couutet signed. It then
becomes the duty ot that olllcor to ex
amine the appropriation accounts kept
In his ofllce and see whether there Is
any fund to meet It, nnd If not to re
fuse his approval. It would bring about
a most eurlous state of affairs If tho
cltv clerk could assume this function
and hang up a claim legnlly before
hltn for a watrant, on his Idea ot what
ought or ought not to, be.
"The lespondent further sets up that
an appeal has been taken from the
Judgment of this court In favor ot the
relator, James Saul, and that the
mayor has reauested that while It Is
pending the drawing of a warrant
shall bo deferred. Hut It appears by
the suggestion on which the alterna
tive writ was Issued that since the de
cision In thut case was made a com
promise of the claim of both Saul and
IDwyer has been effected by resolution
eif councils and although this was
vetoed by tho mayor It has been sub
sequently passed over his veto, which
therefore goes for naught. That the
councils could settle u litigated case In
this manner Is beyond question, nnd
having done so It Is entirely Imma
terial now what becomes of tho ap
peal referred to, the controversy has
passed entirely beyond the point where
that can affect It In any way.
"The demurrer Is sustained, and a
peremptory mandamus Is awarded with
costs."
HAD A SUCCESSFUL YEAR.
Annual Meeting of tho Poyntelle Ice
Company Held Yesterday.
Tlio nnnual meeting ot tho Poyntellu
Ice company wdh held yesterday af
ternoon In tho ofllc.'s of T. C. nnd C
II. Von Storch, In the Williams build
Ing, corner or WitHhlr.gton avenue
nnd Linden atieot. All the officers of
last year were re-elected, na follows:
President T. C. Von Storch; secretary
and treasurer, R. A. Clutlte, dleetors,
TI. W. Taylor, J. M. Atherton. G. A.
Clearwater, J. E. lturr, C. II. Von
Btntch, T. C. Von Storch, K. A. Clarke.
Tho reports of the officer) showed
that the year had been a remarkably
sucessftil one, Tho full crop of 7.0M
tons wiih disposed of before the sum
mer was out, and another thousand
tons had to be purchased to supply tho
company's trade.
This winter It Is proposed to har
vest 8,f00 tons. Ten-Inch lee Is now
being cut.
m '
How It Goes in Detroit.
During tho present cold nnd crip
season thirty-seven thousand eight
hundred boxes of Laxative Hromo
Qulnlne havo been purchased by tho
following wholesale drug houes of De
troit: Michigan Drug Co, uud Far-
rand, "William & Clark,
THEY MUST
PAY COSTS
IMPORTANT OPINION OP JUDGE
AUOHBALD.
Ho Decides That tho Vnughan BUI
Applies to tho Costs In tho Eighth
Ward Contest ana That the Peti
tioners Must Sottlc This Would
Indicate That Thoio Is Oravo
Troublo Ahead for the Signers of
tho Langstaff-Kolly County Treas
urer Contest.
Judge H. AV. Arehbald handed down
nn opinion yesterdny In the Klghth
ward election contest which Is of vast
Importance.
W. II. Thomas, a Hcpubllctin, was
elected constable of the Klghth ward In
February, 1899, his opponent being
John K. Walsh, a Democrat. Thomas
was elected by five votes and Walsh
Instituted a contest. After tho con
test was under way Senator J. C.
VauRhun Introduced a bill which was
passed by the lcglslatutc and became
a law providing that In all election con
tests when It came to tho matter uf
tllf-poslng of tho costs they hIiouM bo
placed on the petitioners If the contest
did not succeed In showing that the
party contested had not been legally
elected.
When It came to disponing of tho
costs In the present case the city ob
jected to being saddled with them for
the t casta) that It had not bsen shown
that ThotnaH was Illegally cdeeted and
asserted that the proper place for the
costs wiih on thSt petitioners. Tltlq
position the coutt yesterday ntllnnecl
as correct nnd the petition will lme
to pay the upwards of $-','J00 cost3
which the contest caused to pile up.
The opinion Is of Importnnt" li"c.uno
It Is the Hist time the act In question
has been Judicially passed upon and
for the further reason that exactly tho
same fads apply to the Langstaff
Kelly contest In which costs to tho sum
of nbout $100,000 n)e Involved. Llko the
Klghth ward contest It was begun be
fore the act was passed, If It shall bo
decided when the result of the contest
Is oillclnlly determined that Konner
County Trcasuier Kelly was legally
elected then under Judge Arehbald s
opinion of yesterday the men who
signed Lnngstaff's petltlo't will have to
pay the costs. The full text of th
opinion follows;
'I in: OPINION.
Ilnlo to show cime why eiMi. should nut lie
paid bj- the city of Si Milton.
Co.ts me so purely tho creatine uf statute that
a parly who claims them must ho .ilile to punt
to tine which Rives them to hltn; and It Is not
milliclciit that such a statute existed at the I line
suit was hiinieht; It must ho In tone whin the
costs aio asKed foi; If It has been repealed pond
luff the disposition of tlio ease and before rual
judgment the right under It Is gone; nor Is '.'.ire
any vested rii;lit to costs ol width a party laiinni
bo lawfully divested by a repeal. Crimm n
Weisrriborir Sellout District, 5" i'j., 4,!.!, 'ho li
In this c If ret Is thus suinnurlred In .1 Kmuln
podia of l'lciilIliR and I'raitlce, piites It to 111.
".Statutes tfovrrulng costs aic udis uf pr.iiti
and the power to nvranl them and the amount
and Items to bo allowed depend upon the statute
in force, not nt tlio ii'iniiieiiulilrnl, but a. tin.
tcrii-.ln.it lull of the tontrovcrsj-, ir when the
riuh to costs accrues. This occurs iiimii a fin, I
ihcisioii authorizing; judgment. At any
time during the pendency of the suit nn before
fie llcht to costs has become vested Phi UrM.i
'ure may change Hie law previously nfiuveil it ti
er by tcljlly iipcjlinir it or by niodlfl.Mtloi nn y
o.1 In the absence of anj" law It may eiui t on"."
the rule so inundated applies wim piitl'r,ie
Ir the picent ilifl.un o.
This contest Krevv out of tlio eloi tion for con
stable ot the I'.lxhth waid of Scl.mtun, held I'eli.
21, ln. It V..H Instituted March SI of tint jcar
and was llnillj adudcrid, .nliuscly to the ruili't
anr. Mis. I.l, l'lim. At the time it was b'uun the
law in force with letrard to the cots was us fol
lows: "If tho court or Judge shall decide the
complaint Is without probable ciuso the petition
ns and every one of them shall bo cojolntlv and
severally llihle (or all the costs; and the iino
luaj' bo collected as debts of like amount are bj'
hw collcctaolo or piviiicnt tlier'of miv be 111
ffned by nttaihuient. In contisted elec
tions ot eotinlj-, lioroujh, town.hlp or
iiiuulilpal otlitci in wlilih the coiut or Jinlgi
shall not decide that the complaint Is without
probable cause the proper disliict, countj, city,
toviihip, liornugh, ward, school district or muni
cipality shill be liable to pay all costs and the
s.inio shall bo promptly paid by tho proper au
thorities upon the oulcr of tho court or JinU'o
tijlncr the case." Act May l'J, lfe'l, Mellon l),
I'ciin. Laws, 210.
tiik ami:.nhmi:nt.
Ily nil amendment piod April 2s, 1SUU, P. I,.
Its, tho first p.ut of this section lias hem made
to read as follows: "In contested ilectlons ol
picsldent or additional law judges and of countj,
iiorouRli, township, municipal otlleers or school
directors or school controllers, If tin contestant
cr l onto (ji.ts fall to establish his or their i!ht
to tho otllce to whlih ho or they chimed In
have been electid the petitioners unci each and
evir one of them shall bo Jointly and severally
liable for all the lusts and the Mine may bo
collided as ihhts of like amount are by law
collectable or pajineiit thetcof may In enforced
by attachment. In case the fonte slant or contest.
IU 51119
IMJlua CM
Goats
. We have 69 Children's Coats which
we want to close out before we finish our
annual inventory, January 26, and we ex
pect the following great cut in prices will do it:
15 Children's Coats, all $3.95
and $4.75 garments, to close at....
24 Coats, all $5.50 and $6.00
garments, to close at . ,
30 Coats, all $6.50 and $7.00
garments, to close at ...... .
The Coats are all
It will pay to buy and
MEARS&HAGEN
415-417 Lackawanna Ayciiuo.
B
anquet
Have taken the place of silk shades. It Is desirable in get
ting globes for lamps to have something that will soften
the light, but not materially diminish it. Colors to match
paper, etc. We have them in red, blue, canary, pink,
opal; in fact, all colors. Prices ranging from 40 ctnts to
Sio.oo.
Geo. V. Millar &
TS,
TEETH
.VT ....
J&S8E!a&&&&
jr?Z.ir??ir'xytmr JviVi JS
iys
-ja
Gold Crowns $3
Gold Fillingfs $1
Bridge Work GSjh) $3
Set of Teeth $5
All work jruirantecd for 10 years. Call and
have j'otir teeth examined free of charge.
Satisfaction or no pay.
Wwil?ffy
tiO(JL3llW
Schlmpff, the Jeweler,
That's the name. You've heard it a good many times
most every time in fact, when jewelry is the topic of conver
sation, for the one implies the other.
Schimpff, the Jeweler,
Has much to show you in the Gift li e more than you'llsee
in most other stores. Not only more, but something 'dif
ferent novelties that appeal to you, because of theii
novelty.
Schimpff, the Jeweler,
Has everything going in the jewelry line. Think ol what
you want; it's there. Prices, too, are less than you think,
when you consider that no matter what you buy, quality if
apparent.
317 Lackawanna Avenue.
Mjj TieNe.ViovorslI) As-
pliislt Ilcsnovablo
85 HORSESHOE CALK.
o
tea
I1U1MU tilllllUl BIIJI
and Ylll outwear three
sets ol any other calk
nianiifnclnreil.
an
EIDER 1
SOLE
an
3
v
tjl.ts establish bis or tlielr rljhr In the office ill
etlur uf the ,ibmv numed eases the costs shall
In pilil lij the priner illstriet. county, tioroiitfli,
tnunslitp, iiHiiilelpa'it.v iir i-ihool ill.trlil " ml,
l.ntliei, In uniformity with these new provisions
the si mini urt of the statute cpiotei) slioie lias
been ititliely lift nut
While, then, ns the law stonil when the eontest
bei'an, luil we fuiiiul llut probable lause for It
etMcil, it would hue been our 'duty tu direct
that the tosts be p till by 111" 1 it f Sranton In
relief of the petitioners; 11s the law now is we
haic ni siirh power, mid, the contist hiving
failed, bv the plain mandate of the statute the
llahllltv for them falls on the parties who insti
tuted it.
The nnlv diiiiM there Is upon this result criris
nu' nf rutiiin IT, aitich 8, of the ( oiistltutlon,
relntln to mltrasen nnd dictions. In the latter
palt nf llut sei tion, which Is the only put of It
w need ti notice, it is ordained that "the sen
cral assembly shall by crtiicial hw d.-slsnale the
courts and juilcm by whom the scleral ilasscs
of election contests shall be tiled, and rcKiilate
the manner cit trill, and all nutters incident
lOoiitinued on I'ace K I
new and correct styles.
keep for another season
lj
$3.95
$4.95
Globes
-
Co. 13i. Wiomltu Arene
" lk In and Look Around
Extracted Absolutely
Without Pain.
Our sjittm ot PAlNt,t:S3 Dantistry Is fsr
mperlor to the old method of clolnt vsork.
Wr both fill and extract teeth without the
least particle of pain. Our prlc lor the
present ire extremely low, and If jeu are In
need of any Dental work. Call and have
your teeth examined.
We make a specially
of fine Crosm
and
Drldje Work and It will pay you to call anil
uvd
All
work absolutely Painless.
Dr. Reyer, Dentist
514 Spruce St., Opp. Court House.
11, FkHn
AGENTS.
128
Ave.
Electric Lighted
Trains
CHICAGO
& NORTH-WESTERN
RAILWAY
flUZ North-Western Limited service,
O.30 p. m. daily to St. Taul and
Minneapolis, cannot be excelled and offers
the best of everything. Any agent will
give you information about it. Three
other first class trains from Chicago also
9.00 a. m. Daylight Train, 10,00 p. m.
Fast Mail and 10. 1 5 p. m. Night Express.
Call on any agent for tickets or address
I 48l Broadway, Niu York
COIChtt't St.,Fhlladtlpltla
303 IVaiMnjton St., Bolton
301 Main St., Bugalt
IIS Clark St., CAicago
i)S Vino St., Cfsofss.tf
607 SmttAS'ci St., Piitioura
!) Suporlor St., CI land
llcampuo martlut, Ottroll
SKI113 Sl.,f ait, r.rantd.OsI,
Lager
Beer
Brewery
llnnuTricturers or
OLD STOCK
PBLSNER
485 to 455
N. Ninth Struct,
.PA
Telephone Call, 2333.
TRIBUNE WANT ADS.
BRING QUICK RETURNS
flli iifti H
I
is a
1