i.,.- ,v
, 1 H. l, frt
-"I
THE SCKANTON TRIBUNE-TUESDAY. JANUARY 29, 1901'.
VSW
An Excellent Combination.
Tho pleasant method and beneficial
iflccti of the well lenuwn remedy,
rnui op L':nB, manufactured by tko
Califoksia 1'ia Syrup Co., il'itstrato
thovaluuof obtaining the licit 11 laxa
tive principles of plants known to bo
medicinally lnxativo and presenting
them In the form most rof resiling to tho
tnsto and accent ablo to tho system. It
is thu ono perfect Mxcngthcntafr laxa
tive, cleansing tho hystrm effectually,
dispelling colds, headaches and fevers
gently yet promptly mid onnbllng ono
to ovcrcomo habitual constipation per
manently. Its perfect freedom from
every objectionable quality and sub
stance, nnd Us acting on tho kidneys,
liver and bowels, without weakening
or irritating them, make it tho ideal
laxative.
In tho process of manufacturing flga
aro used, as they are pleasant to tho
taste, but the medicinal qualities of the
remedy aro obtained from senna and
other "nromatlo plants, by a method
known to tho California. Ficj Syrup
Co. ouly. In order to get its beneficial
effects and to avoid Imitations, please
remember thu full nanioof thoCouipany
printed on tho front of every package.
CALIFORNIA FIG SYRUP CO.
BAN FRANCISCO, CAL.
LOUISVILLE. Kt. HKW YORK. N. T.
Forealo by oil Druggists. Prico EOo. per bottlo.
mult and buttery nnl disorderly conduct lre
tcrrctl Jiy Iito ShlhU one! Julia Hvtt.olt.
tlEiUilY.'lT. NOT Till". MAS'.-In The Ttlliutie
of Triday It swis stated tint the now famous
niouso nuiilnlcli .n purehascil at tho luiieli
wagon ot Samuel Itcnlttlti. Th litter It tho
proprietor of tho svajon at tho It. It. V. M. C. A.
and It is only lair to him to ay that the delicacy
did not tome) out ot hla wagon.
LAHORATOItV CO)IPU:TEI).- Tho hhoritoiy
al tl.o I-arteawartm liotpltil ha heeti completed.
All tho lnlrtimcntj and ippllancrs known to
modem inceilclno liai been Installed hy a Phil,
tdelplili Hrni and tho laliortilory is ccniplete In
CMry detail. Tlio X-ray room on the second
floor has been utIIUcil for the Uhoratoij.
I'JIANLT KOASTLU CAfSUI) KIHIl.-SpuU
from a peanut roaster in tho peanut utanil tltu
atcd'in the Cojnn llcuso building, at the corner
of 1'enn and LacUananna cnucs, tet flro to the
wooden door jam yesterday and caused cm alarm
to be sounded from lwc IV The blaze was ex.
tlnculslictl by tho chimleali. Tho dimaee 11
elljjht.
ITLfc OVi:it HANK. A elninten win fill oicr
n bank near the Mt. Pleasant mlnn jestorday and
as slightly lnjuicd. When lound he was tome,
what frozen from Ijliijr upon the stround. llo
was tal.cn to tho boiler homo of the Mt. Picas.
ant and word sent to police headquarters. Detec.
the Molr, Mounted Officer Illocli and Berzeant
Tom Jones responded with tho patrol wagon and
lodged him in City Hall station house.
Ice Cream.
BEST IN TOWN.
At ' Per
ffit
fa1
,JC Quart
LACKAWANNfi DAIRY CO
3 elephccc orders rromptty DillvereU
i"J-37 Adams Avenus.
NEW SACltlU SO.NG.-"i:'rcltior" is the title
ot a new sacred tone published by Shapiro, Hern
itcln .t Von Tllrer, New York City and Chicago,
words by I.contlno Slanfleld and rnuslo by Hsuy
Von liter. The music runs In a lofty scln and
the sustained harmonv Is fully as sublime in
"Tho Holy City." The publication of the latter
opened a new realm tn the line of oviltcd music
und "Excelsior" is another ot the same kind.
TWO FOR FEES;
ONE OPPOSED
COUllT DIVIDED ON QUE3TION
OF COUNTY OFFICIALS' FAY.
Judges Avchbald and Kelly Contend
That tho Census Could Not Be Ef
fective Until It Was Completed and
That It Was Not Completed Until
Announced Judge Edwards Holds
That the Case Is Governed by the
Acts Making the Census Effective
as of June 1.
The local court Is divided on tin
question as to whether the new coun
ty officials should receive their remu
neration In fees or salary. JiuIbos
Archbald and Kelly decide in favor ot
fens, and Judge Edwards contends for
salary.
The decisions were handed down yes
terday morning1 at tho opening of
court. Judge Archbald wrote tho ma
jority opinion. A dissenting opinion
was Med by Judge Edwards.
Judges Archlmld nnd Kelly hold that
m may he directed by law. In counties con.
tnlnliuf over ono hundred and fifty thousand in
IiiiMImiM nil county officers shall be paid by
rainy, and the salary of such ctdcir and Ids
clcrl. heretofore paid by fees, shall not cc
cud tho mrrrctMtu amount ot fees earned dur
In? his tcnu ond collected by or for !ih:i,
Attlelc ;, Section 1.1. No law shall extend tho
(cini of any public! effieer, or Increne or ellinln
lii bis Mlnry or emolument', after liU dec
tlon or appointment.
The salary act of March 3t, l.'Td, 1'. 1.. 17, was
lrlended to cite cllcct to the constitutional pre
Mdon iclntlrts to diaries'. This act of lsTfl,
so far an It unnccrns count lis of over l.V),() In
habitants and lens than IS0.0OO, has been amendid
by the net of July 2d, 1505, P. h. 421.
We Hum have a proilslon In the constitution
and an act of assembly providing, th.it In coun
ties contaltilne ocer one hundred and fifty thou,
sand Inhabit tnts shall be patd by salary. Sev
eral p.uesllcr.s sugiiet tlifmselce'S.
first Kor the pui-pcxs; of clattVatien of
eot.ntUs under the salary net, what Ls tho test
hy which tho population of n county ls ascer
tained f Tl.ts Is a simpto question and the an
swer to it Is npnlly stn.ple. Tlie United BtsteJi
decennial census la the only Matdiid by which
wc can ascertain tho population cf Lackawanna
county. It Is true that tho leglslaltiro of Penn.
s.shanh could havo proldcd seme other method
ot computing tho population of the counties of
the st.ite o as to carry tho s.ilary act into cf.
feet. It could provide a triennial enumeration,
or it could deviso some other means. Hut It
bos not seen fit to do nnythlng. There is there
fort no standard to iruldo us except the United
States eensus. As w:a f.lld by Mr. Justleo Stcc
ii tt in I.utcrne county i Olcnnon, 109 Pa, &!!
"Tho United Mates decennial census Is the only
official dttcrmlnatlon of population that we now
luve; and tho Inconvinlencc and Injustice that
would necessarily arlJo frr.ni accepting; any mr
Tim case cf Ityincr vs. t.ii-crne county, 111, Vi.
1(X, Is very similar to the case at bar. ltyiner
was eleited auditor at tho JuNcinbcr election,
U'.O, and entered upon the duties el tils offkn
tho firit Monday of January, ltd. The popu
lation o( Lurerne county by tho census of 110
was 133,0d3 by the cen.'tis of 1&00 It was oer
IJO.Os). tt was clalmM on behalf of Hjiner
that the act of 1670 was repealed by the act of
!?. This Sivnu to htc tcen tho main iues
tlon before the i-ouit. This polllon not af
firmed, but It w.us held that tho act of 1STG
arpllcd became Liinrnc county bail a population
of over ljO.OM.
Tho record of tin civ doc not disclose the
lime when Hie crnnu of lfisi. showing the pope
htlnn of T.urcrne county, was announced. Tills
PIum! of the case does not seem to hae been
considered by the court. It was taken for grant.
cd apparently that If t'.io act of l1""!! was not
unconstitutional and was not repeated by tho
act of 1M7, then the county of Luzerne had
become subject to the salary ait. It Is a fact
within common ntiscn alien that tho results of
the cenus of l'M hive been announced Much
more promptly than those of the census ot If').
In Ihn ltjmcr caso It does nor im tint any
body considers the question of the ctact elatu of
the announcement cf the population ot lAiierno
county to be of any Importance. Nor is tho
particular date of any Importance In the prcent
cose.
For the rea.in to te found In the torecolnir
opinion, hiillly put together, I enter my ills.
Kr.t airalntt the Judgmciit ot the court,
II. M. IMwanls,
Addltionil law Judge,
The matter will now go to the Super
ior court.
NATIONAL TJOAItD OF TRADE.
0mmmm,mjmmmmmui
plane Antoinette uips
5 Have you seen them ? The beautiful chocolate cups on
3g their slender stems modeled allcr the dcslrnr. made In the
5 Royal Potteries at Sevres. There is a Rrcat reduction in
3 the liiRh-priccd pieces in the case. Plates which have been
.5 $615. 00 a dozen are reduced 20 per cent., and all other
3; pieces at the same rate.
UIACRAM OPi:XS MONDAY. The dlagMin
for tho Marie Antonlctto fcto nnd Pled 11 inr
ot Ilstntlin will open nixt Monday at the by-1
ceum liox offlce. TieKcU range from 60 cents to
$1, Tho adcance rales ate unprecedented and
the performances promise to be tho most popu
lar ever el, "en In this city. Thu niitinces will
rot 0en until 4 o'clock in tho ottcmoon so
that tho achool children may attend. There Is
a prospect that the Pled Piper and his little
followers will bo the faiorltcj cf the great entertainment.
Scranlon Transfer Co.
Haggape Checked Direct to Hotels
and Private Residences.
Offlco D., Z. & W. Fassengor
Station. Fhone 025.
oR. H. B. WARE,
SPECIALIST.
Z-ye, Ear, Nose and Throat
onteo H.urs . W. to K.!9 p. m.: o I
Wtlltnts Building. Opt. Postofflea
WILL GO VO THE "NOTCH."
New Trolley Company Heady to Meet
Costello Objection.
Select Councilman Costello, of tha
Third wnrd. In nn tntorvlou- In The
Trlbuno announced Ills determination ' before
tho enumeration Is not 11 census: that
tlirt ronsitin ve-nsi tint- pnninlotn until It unofficial pildo to the classification of counties
was announced and that, as reirnnla i f"r ':,,ar.v. Pnwi, cannot bo well ovcr-eitl-
nBrcWlonaI act that the com., ' """'.. ""i.. ir.mc
tho congressional
shall tuko effect as of Juno 1, "tho
congress while Miprenns In federal af
fairs can not legislates with regard to
purely stato matterp."
.IucIro Kd wards holds that the truo
solution or the eiuestlon Is to be found
In tho fact that tho census was taken
"as of June 1, 1900," and that tho an
nouncement of the cciihtis, made on
Nov. 19, was simply tho announcement
of a fact that exlnted Juno 1. ISeforo
tho nominations were made, tho Judge
goes on to pay, the census had been
taken, and tho candidates went Into
tho rampnlfjn knowlncr that the popu
lation might be found to be over 1M,
000, and that whatever the population
was on June 1, would govern the eiues
tlon of fees or salary. The mere fact
that the census was announced a day
or a day after tho election
to onpo.so the granting of a franchise
to the Central Rapid Transit company
unless It would extend Its line the
whole distance of West Jlaiket street
inrtead of only four blocks as con
templated by tho franchise ordinance.
Ancnt this announcement, Secretary
John II. Ilrooks, of tho Central com
pany, says it Is the intention of his
company, and has been from tho first,
to not only oxtend its route all tho
way out West Market street, but also
t- Clark's Summit andfilenburn nnd
possibly Lake Winola, At the outset,
however, it deems it expedient not to
undertake mora construction than can
bo carried out with positive certainty
within the two years' limit tho ordin
ance prescribes, in which to take ad
vantage of its privileges'. Tho com
pany, Mr. Brooks .says, will bo only
too glad If Mr. Costello will Introduce
and have passed on ordlnanco giving
it n right of way for the whole) length
of West Market street. But for tho
delays that would Im occasioned, the
company would be content to have the
present ordinance amended to meet
Mr. Costello's desire.
DEATH OF CURTIS CIIANE.
(r ttt ttt' t t
4
4
--.-.-.. .'
CITY NOTES
U. A- 11. r.Vf The Ddiwnio and llu.Uon
'inpjnv paid yntcrda). al tho I.ddy ( uv'i,
e.i.ty Island and uljphant mines.
Mlil-Yr.AIt EXAMINATION-?. Ilia lnld-scar on
imin.ilions beican nt the lllfcli school jtsteidiy
.id will continue tluoushout the wccli.
.'EWIbH rilAlTAir'JI) T1io JcwUh (luu-
iji.qui socl-ty -x ill irt-i this nintiis at s
n'cloik tt the itsldcccu of Mis. A. lluirU, SI
Pino etiect.
MI.r.TINC! Ti IDA Y. Tho C'cntul Women's
1 luistian Temperance union will moot this a(.
Ii-rnoon at. 3 o'clock in Guernsey hull. Ml Inter
ested ale cordially limited to be prisent.
APRON SiOCIAI.1. J'he 1 idles of Cabaiy Ke
feii'kd ihu.xh. coirer Monroe aui.uc and !!
ion meet, will luo an aprcj. sotlal 1'i.rtay
"'nine:, Feliruuy J. All jic wiliome. It"
b.ihmeuti will be sencd.
Former Resident of This City Fell
Dead While Boxing.
Curtis L. Crane, n former resident of
this city, dropped dead on Saturday
afternoon last while boxing with n
friend at Harvard university, where
ho was a student. An autopsy re
vealed tha fact that his heart was
badly diseased and that this caused his
death.
Crane was a son of Curtis Crane, sr
who was engaged In this city up to
fou? years ago with his brother, F. L.
Crane, in thu fur business. He left
with his family in 1537 for Brookllue,
Mass., wlure he has since resided. Tho
joung man was ;o years old and was
well known In this city. Charles Spen
cer and Mrs. Edward Spencer, of this
'lty, his undo and grandmother, re
spectively, havo left to attend the fuue-inl.
HAYS' HEAD ALL RIGHT.
ni:vriN'f; riiMi-our.nLY. special onieer
.tolin Malotr, who tuilaliud a broken leg by dip
pm upen the ieo while cnnmiiij .1 pri-oncr 10
too Notth Hud station house, Is lestlns easily .it
1I10 Laekawamu hospital.
S.U-Ir AND rilKr.AT. Andiew Anglen,!,!,
ot I.lojd snect, was committed to the euiiniy
Jill by Aidciman Do Ljcc.v yotenlay In default
ot $.:00 ball oil chances of as'.iult and baiterv
and thtcati, piefeircd by a man named MullrmM.
puizn or Tin: caki: wamc.-ij. w. Phillips,
(ompotrr ef tho popular Country flub Match
and Two-Step, ha6 Just published a new composi
tion entitled "I'lliu o( the Cjkn Wall;." The
new composition wilt be plajed this week at the
Lyceum by Uauer'i oriliestra,
ASSAULT AND niMiISDr.UI.Y tON-l)f(T.-Vn-t'.icw
Feiilo, and Ccoreo Corrappl, of Old I'orc",
erc arrest d last nlsht en a warrint fiom Al
eiirmuu Millar's oitco charrlnj tlum with us.
4.4.4 4.4. 4.4. 4.4 4sV4-4'S
pi; H.rns in
-
Skull Was Not Fractured. As at First
Supposed.
Bert Youngs and Joseph Hays, tho
niei young men who engaged in an
altercation un Spruce street over a
woman, were fined $r. each by Mayor
Molr yesterday. Hays was. roleased
from tho Lackawanna hospital yester
day morning.
It was first thought that his head
had been fractured at the base of tho
skull, but further examination by tho
hospital authorities failed to verify
suspicions. Italian Nell, who was ar
tested at the time with Youngs as a
witness, was released,
OFFICERS WERE ELECTED.
High- Grade
Investment
Securities.
List of current offoilngs sent
on application.
Annual Meeting of Directors of St.
Clair Coal Company.
The annual meeting of the directors
of tho St. Clair Coal company was held
yesterday afternoon In tho otlleo of tho
secretary, X. O. Taylor, in tho Library
building.
Tho following directors were elected:
V. H. Taylor, Y. S. Boyel, Jr.. X. cl.
Taylor, T. M. Voylo und C. S. Bock
wlth. The otllceis elected were: Will
lam II. Taylor, president; W. S. ltnyd,
Jr.. vice-president: X. Cl. Taylor, sec
retary and treasurer.
NEXT SEASON AT LAKE LODORE.
nhoiild not b3 allowed to control such
an Important matter as this. The
two opinions aro given In full below:
OPINION of couitr.
Itule for Judgment non obstante erodicto on
re.sencd point.
The controlling question in this case K what
was the law In force In this counly at the lime
the plaintiff was elected? This eertalnl rannot
be said of the ralary act of l;u relatinc; to
counties luting lOO.OnO inhabitants. While It is
true tint that law stood upon tin statute bonks
and was a kciht.iI law applicable here when the
facts watrantcd It, is a matter of tart it had
not yet taken cnoet with u, whateter wcie tho
pnssibilltiec tint it nilidit at homo time dj so.
When then did it tako effect aud by what
course ot rcaoniiu,' Is It made to apply to tho
ofllcers who were elected at the last 1 lection In
f.oumbcr? Sine.' the election it has been ofttcltl
ly announced thit by tho census taken In June
last we hate become a county of 107,000 people
and are theicforc in the class deslpntcd by the
act and subject to Its protdslonf.
. Hut when did wc become so subj.U? Counsel
tor tho defendant say ht June, when the enu.
mcratiou was made, and they appeal to the net
of conuress which declares that tl.c crn-iu shall
take (fleet as of that dttc. Dut i-onzios whlb
supieme in federal .iffair, cannot legislate with
regard to puiely state matters and e-annot deter
mine what tdi ill lie the result In any cac with
repaid to the appiiiatlon ot our laws or pic
scribe terms whleli wc must follow. No doubt
tinder this prothlnn of the let Ii. any federil
Matter census when deteimlncd lelitcs back to
the date mentioned, but th.it is all that can be
predicated of It, Wc are not tied to the cenus
by any mandate of our own statutes: wc mi rely
rcoit to It In determining questions of popula
tion as a matter of necessity, bcviuxc It Is the
only avitlablo means for dolncj fo. Tho Kgt-la.
ture rnleht have protided others, but, not hat
inij done so, the federal census Is taken because
of Its accuracy and pencral acceptance. Hut the
diet to be rucii to it In any instance suih as
that leforo u- is wholly for our own judgment
and determination.
O.iKht we, tluu, to, aid ean vc constitutional
ly. d"elare tint the result e. the tensti", whtili
was not announced until after the election, re
lates back and takes v'Svcl as e.f the elate when
It was ordered to bo undo? It is said that
whcncvir announced It establishes that in .lt.no
last we had become n county of encr l.V),0tX) in
habitants and tint it is the fait, and not the
announcement tint should control. Hut that Is
not the conclusion which wc icaeh. The tltuo
when the result cf the census becomes known to
the 1 uhlle Is tho only time, at least In state
matters, when they can be properly affected by
It or the court be called upon to ta'ce nolle 0
and enforce It.
Irf NOT TIIC CT.Nbl-S.
The cntimeiatlon is not the ccr.stn; that Is
merely the gatheilnc of dati on which It It
Lv-i'd; there Ins still to be an e Ifidil compila
tion from It a.nd a deflnito eoncluslmi reached.
Theie may be errois to be eonectedi work ho
carelessly dune that It has to be done o'.ir axaiu,
or discrepancies, perhaps, to be reconciled. Alter
all this has been taken into account and tin
census btiieau has Anally lomplctcd its labors
and made an official nnnounii incut it then be
comes the ceiiitis and not befurc. In the ca
K'forc u, aeeoidlug to the facts acreed on, wo
certainly had nothliier on which wc could rtlv
earlier than the presj bulletin issued .sov, 1U, and
it would be my inclination to CO further and to
hold that not until the official ccrlillcatloii to
congress a month later was there am thing which
the commonwealth or the courts would be bound
to notice and apply.
How thru inn we eany this bills ictrospettltc
iy und say Hint the salaiy act applies to the
plaintiff The constitution ordilns tint "no liw-
VvxyaTVOxW
I Geo. V. Millar & Co. ,KSe
wmtwmMmmwwmwmtwmwf
Securities hourcht nnd sold on -f
commission.
O (flees:
60 BROADWAY, N. Y.
WILKES-BARRE, FA.
CARBONDALE, FA.
SCRANTON, VA.
Commonwealth Buildlnp.
. -f -f t -r -r -f 1 - -f -f -f
Booking of Excursions for 1001 at
That Fopular Resort Has Already
Commenced.
Tho Delawaio and Hudpou company
has JttFt ihsucd an attractive little!
brochures relative) to tho excursion sea
son of 1901 nt Laku Lodore, containing
everal beautiful half-tono engravinKa
the handsome new depot In tho sum
mer shade of overhanging boughs; tho
great whlto dunto pavilion In tha
midst of the far-strotchlng groves,
and vailotiH nspectH of tho boat-dotted,
magnificent lake Itself with Its
hve-and-a-half miles of varied and
charming scenery. All fall and wlntor
a ttrotiR forces of men havo been at
work mi the excursion grounds with
such effect that there Is a general de
sire on the part of tho people to see
this retort in all Its fresh, new beauty.
Applications for date, nre already
coming In, and boohing ha com
menced by Mr. II. W. Cross, dlstrlot
passenger agent ot tho Delaware and
Hudson Itallroad at Scranton. Circu
lars descriptive of LaUo Lodoro and
the Improvements on the grounds nra
In tho hands of all Delaware and Hud
son ticket agents, who will bo pleased
to supply them to the public upon
application.
shall e.tend the tenu of any public ollkcr or In
erease or diminish his sakuy or emoluments after
1. Is election or appointment." This Is held to
be a restiletion on the other provision thit "in
counties containing our 1M.O0O Inhiblunts all
county oilioeis fhill bo paid by salary," n
though tvrittui immediately alter it. tiuldin t.
SclnulUlI f'otiiity, IP) Pa. 21ft. It not only pro
hibits .1 law trcni beinj; pjul to adect an olll
eel' emoluments alter ho has been dieted ov
appointed, but upen the tame luinclnle it also
ntvos-ailly intuitu an evlstlni; v irom beln"
put Into eifeit after his elntlon 01 appolntniint,
whether for his Ik in fit or dttrlmtnt. He is en
titled to 11h e.pistatlon iiltaehed to the olllco
at the time l.e is ilntnl or appiiintid to it jc
eordlnp: to the law js it thin stand. In torce no
more and no less and within' lominK after that
can bo ptrinltted In the tjee of tho prohibition
of the tnnUltutlon to change this one way or tho
other.
To sum up tho whole matter: The only liw
In fulin as to this county ulnn the pliluti:f
was elected to the ollWu of illstriei itlomey
whuii he r.uw holds ihe ail o( 1-m), clvltic.
liliii the ties which ho ilaluts. The .11 1 of ISTel,
plKuiblni,' a .tljrj . was not in futce, ,iud did
not beiome so until by the ollklol atini.tiue
Mont of the iisull vt the Cilisiis It was nut)'
tallied tb.it wc li.ul l'U.Osl ii'L.pli. llu; Un jet
comlni; Into efliHt by tint fact nun t Ik' made
to ictite li.nk nnd stipi 1 eilo tko pietlous statutu
uiidrr whlih the plaintiff by his i In tlon became
entitled to the emoluments ih"ti attached to the
ollke, but is held in abfiuncc until tlie pl.iliitlfi's
nuiii-ssor shill eoine In.
Tint rulo lor Judineiit 11011 olMante ttrcdlcto
Is over-ruled ond Judjemeiit dlricted to be cnteiod
on the tcrdlci in fator ot the plaintiil.
It. W. Arclibabl, Pi.sldent Jtidce.
IMimiM', J., dissi'iits.
DIoSCNlTNU OPINION.
1 feel consti allied to dissent 1 1 0111 the opinion
of the mijoiity of the court In this case. 1
would enter ju.lmiunt In fator of thu defendant,
notwithstanding th' verdict, I glte my icasuns
In an opinion necessarily brief,
Tl.o protlslons of the constitution bearins upen
tho present contention ire tho following!
Artlelo II, Sectlen S. The eonipensatlon o(
county ottlrem siwll be resulalcd by law, and all
county ciHrc-r who aie ov nny l talailed shall
pay all fees whbh they wuy bo authorised to
uceltc, InU '.I,; t..am,i ci th: cennlj c. itate,
are loith baed on population determined by the
list preceding census." There Is no leason for
tlisacicemenl on this point.
iii:n ior.s it Arn.Yf
fcce ond Uu n did or does the salary art ot
l'tfk with Its ttipplcment of 1S03, ro Into ef
feet as to I.aekananua county? In other words,
when d'd our county by law "contain" or
"lute." our liO.CdOO Inhitltants? Tho moment
It ro'iht be said as .1 matter law that the county
had the ionilied population, tint moment its
oitleeu came under the salary law. Accordlric
to lli- "11-0 stated" tho first public annotiec
me nt that the county contained lOJ.Ml Inhabit
ants was made in n press bulletin from the cen
sus I mem. on November 13, 1000. This was
cf cotitse nflcr tho election of plaintiff to his
office of ellstiict ttterncy. liut what did the
announcement mean? Did it mean that tl e
population ef Lackawanna comity was 1IX!,S31
on Nou-nlicr Hi ? Notliln? cf tho kind. It
nie-int, whit etorjbody was bound to know,
that the figure gl-en repieaented the popula
tion e.f the county on the flrt day ot June,
l!k, aid on no other day. The announcement
could not be truo ns to any other day. It will
rot b- amiss to examine the ait of conjresj
ptotldltip; for the taking of the twelfth conus.
W'p cannot help beir.j- Impressed with the fact
that the act pic tides no elate for the official
certification ot tlie cnumerition. Tie one cer
tain, pitotal elite is June 1, I60O. There Is no
tttcertalnty as to this dite. Section 10 pro
vided: 'fhat the enumeration of the population
required by this act shall commence en the first
day ef June, 1000, and be taken as of
that date."
Section 13 authorizes tho director of tho cen
sus "to print, piildl'h and distribute from time
t time bulletins and leports of the preliminary
jiii other lesutts of the tarlous Investigations
muilied by this act."
Peiiion :.0 provides that governors and chief 1
cf mnnlelp.il Rowrniiieiits may hato copies of
the 11 turns of population (.Including tiamcs,
ete.) of tho political etltlslons under their con
trol, upon piymert of the costs. There aie no
other provisions for publication and certification
of population
TIIF. ANNWMT.Mr.NT.
It is chimed that tho people did not know
the population of the county until tho publica
tion of a prc-je bulletin In tho nctsspapers on
Not ember 19. Wc must taho this ns true bo
cause It U agreed upon as a tact. Suppose it
had been announced upon October 19? Or, say
on November S, 1M0, one day before election?
Would tint mike any dlffcrencof The plaintiff's
position and argument concede that If tho an
iicuncMiicnt had been made tho day before elec
tion, November 5, the counly ofllcers would be
under the salary system, while, it it had been
undo two di.ys later, November 7, they would
be under the fee stsfciii. Is It possible that two
days can mako such a difference? Is s-uch an
Important eiuestlon to be determined by the
dunce publication of a piess bulletin, unsigned,
in irititHl, and liable to bo denied the next
il.i.s' It is well known that the bulletins an
n'uticlntr the population of tho dilTcirnt ttatcs
o.tcicd u period of about a month. Ihey were
tul. in tip in alphabetical ordir and sitcn cut
fumi day to ilas . If it was cter intended tint
the paitleular d.iy of the announcement tshould
bate in Its iclation to the November election
the Impoitant and far reaching residt claimcsl
in tills case, thcie would hate been a pmtlsloii
In tha census ait fitini; a chy certain lor "if
In 111" ceitllieatlou, so that theie would be a uoi
f 01 in rule for all the stales, and so tint Impor
tant ii'MiItn fhould not be Jeoiiardied by anl
dnit or e-apnee or arbiliarr Inlcrfeience.
'Ihe- tru- sduilon ol the eiuestlon Is to bo
ft und in the fact that tho census was taken "as
of June 1, I'iOO." This announcement of No
teinbir ID was tho announcement of the fact
as it existcil June 1. In tills way tvo Iiavo .1
plain, ci 1 tain, umariinjr rule, tieallntr all the
states alike, and tending to conserve all Intei
ists by the ..'plication of a consistent and uni
for pilneiple of interpiit.illon.
Third It Is. claimed that our Interpretation
ef the lnv is In a sense iitroaetlte and does
injustice to the county ofhVn.s whose status
was fixed by the law as It stood on November 0,
tho day of the cleeilon. I cannot see how it Is
possible to maintain such an -assertion in thlj
case. Ione before uny nominations were inadsj
the cilisiis ot the I'nllcil -tates bad been taken.
);tcrbody knew or ousht to know thai tho
icnsus itu taken on tho first day of June, 1'itvj,
und that whateter the populetlon of Lackawanna
county was on thit elay would cotcin the ques
tion of fees or ril.irir. All ciiiidid.m-s went into
the canvass witli their eyes wide open, fsomo
billeted that the fee system would pretall, oth
ers that tho salaiy stntcni would como into cf
Cut. Ihe law has taken no adtantage of any.
body's Innocence. The reason for not Biting
ritio-pcctiie citcct to a law in this cajo is ci.
tlrely wanting.
A KIMIiAU C bi:.
I lute examined sever il authorities which in
cidentally touih tho question biforo this couu.
Subjects Introduced by Local Dele
gntea Favorably Considered.
Secretary D. U. Atherton, of tho
board of trade, who, with Colonel
Hitchcock, was a delegats to the an
nual meeting pf the national board of
trade, held lost week In Washington,
D. C, stated yesterday that the sub
jects Introduced for discussion by
Colonel Hitchcock and himself wera
all favorably considered by that body.
Tho resolution calling tho attention
of congress to tho fact that anthracite
coal was being discriminated against
by the large carrying companies was
withdrawn until next year by Messrs.
Atherton and Hitchcock shortly after
tho meeting began. They deemed this
advisable because of the fact that the
present outlook nppsars to bo that in a
year's time pretty nearly all the an
thracite mines will bo in tho hands of
tho carrying companies themselves.
The resolution calling upon congress
to put the one-cent postage plan Into
operation as soon as possible in cities
having free delivery was referred to
the committee on postal affairs, where
It was tun ended to Include a provision
that the prevailing rate on second
class matter should bo so adjusted as
to render this possible. In Its amend
ed form It was adopted.
The matter of reclaiming tho arid
plains In the far west was also brought
up by the local delegates and a resolu
tion was adopted requesting congress
to appropriate al this session the sum
of $230,000 for the purpose of preparing
plans and sketches and having survey!
made on which to base an estlmata of
the cost of the undertaking.
TEETH
Extracted Absolutely
Without Pain.
Our system ef PAINM'.f.l Iientlstry i fsr
upjrlor to the old method of doing; work.
IVc both fill nnd extract teeth wltltout the
least particle of pain. Our prices for th"
present are extremely low, and If yon ire tn
need of nny Dental woik. Tall and ht
your teeth examined.
Gold Crowns .$3
Gold Fillings $1
$5
AH work pusrantced for 10 years. Call and
have your teeth examined free cf charge.
Satisfaction or no pay.
Bridge Work (TSS1.,)
Set of Teetli
and
We make n specially of tine Crown
Ilrldge Work and It will pay 'on to call and
get our prices liefore going elsewhere. All
work absolutely rainless,
Dr. Reveirientist
514 Spruce St., Opp. Court House.
IS HE FROM SCRANTON P
A Correspondence School Employee
Named Frankenfleld Defaulted.
Representatives of the International
Correspondence schools are looking for
their AVashington, N. J., representa
tive. D. J. Frankenlleld, who disap
peared from that place a short time
ago, taking with him something lest
than $100 belonging to tho tchools.
He Is said to havo formerly lived In
this city, but this Information could
not be verified yesterday at the olllco
of tho schools. It was said thero that
the Philadelphia district agent en
gaged the man and was responslblo
for his doings and that It was extreme
ly unlikely that Frankonflold was
from Scrnnton.
Information has been received In this
city that he bed trouble with his wife,
who is said to be from Scranlon, a.
fow weeks ago, but that she has since
been living with him. It is further
stated that when ho left the town, sho
did not go with him ond that she has
r.lni'e that time packed up her belong
Inss and shipped them to this city.
TUNERAL OF MRS. M'CARTHY.
Schimpff, 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 Ii c more than you'll sea
in most other stores. Not only more, but something "dif
ferent" novelties that appeal to you, because of their
novelty.
Schimpff, the Jeweler,
Has everythinc going in the jewelry line. Think ol what
you want; it's there. Prices, too, are less than you think,
i when you consider that no matter what you buy, quality is
apparent.
317 Lackawanna Avenue.
The New Neversll') As- ffiJS lf& 30S& -b
Ilium nciuutautu
J5 HORSESHOE CALK.
jrn
Xsl
Remains Brought Here from Den
ver for Interment.
Tho funeral of Mrs. Catherine Mc
Carthy was held yesterday at St.
Peter's cathedral. The pallbearers
we're: Samuel McEachen, Patrick Gor
don, Martin Golelen, John Comorford,
John Howloy and Jamoa O'Boyle. In
terment was made In Cathedral ceme
tery. Mrs. McCarthy was a resident ot
Scranton twenty years ago. She re
moved to Denver and dle,d In that city
a few days ago. She Is survived by
her husband and a son and daughter,
"William and Francis.
The Best Cold Cuvs
ls ono you can take without Interrup
tion to business. One that does not
effect the head or hearing like the con
tinued use of ciulnlne. Ono that cures
speedily nnd leaves you feeling fresh
nnd clear-headed. Such a. one la
Krause's Cold Cure. Price 23c. Sold
by Matthews Bros.
Steam Heating and Plumbing.
P. F. & M. T. IIowley.231 Wyoming ave.
SI
'6
an
Horse cniinot slip
nnd will oiitve:ir llirco
sets or any other calk
nianiit'actiii'c.1.
tfs
-EWHttc jjfcsiisjfis: sBSstw
WW
i CO.,
120 and 128 5
Franklin Ave. J?
SOLE AGENTS. g
mrvr 'ajtxa xsvt u jrj n mur i tt r synattti.rt.iftiirntf'simir
D
il, 1. sU th U
st
4
-3
e-l- .) i r)-i rh cl. i Is p!s r?- e-J r) A cs? ? el eJ c) !
.1 . ,, a t ., k ' .s si . n- s
A SPECIAL OFFER
-uv.
The
pencer Business College
srt
tfr
To any person who will semi to The Trib
une Publishing Company
m
Sew subscriptions for The Scranton Trib
une, paying $5.00 in advance for one year,
WE WILL
Present a paid-up Certificate entitling them
to a full six months' Business or Short
Hand Course in Our College, valued at $35.
b
THE SPENCER BUSINESS COLLEGE
WillBaIT!S, Candies
We think our own make of Candies are
betler than other sorts. One thing certain
they are always fresh and wc know what
goes into their making.
Don't want ours! Well, we've Hur
ler's, Tenney's, Lowney's and the other
fancy makes in half pounds, pound and two
pouud boxes take your choice.
Most folks preler Williams' to all of
these.
1
J, 0, WILLIAMS OHO,
312-314 LACKAWANNA AVE.
fffipnammpnnfmrvKmMnm
Kymmao
.J, GUERNSEY BUILDING,
316 Washinqton avcnue, scranton, Pa,
x'3 i 1 fr "X- ?' 't4 t rt- t ? "V lfy ? 3J "X ? t i ty ?
?
J.i. 4;a,fi a.a, f i,f t4. i..t.4.4; 4;4
4-
f
V
4-
f
4-4-4-4-4-4-
:krtLs
Ninth
SemiAnnual
Clearing Sale
GOOD FOOTWEAR
Now in Progress.
&awm
Ywts
WftS
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