ft- T-5. THE SCRAXTOX TIUUUNB-PIHDAY, MAHCH 15. 1!0J.'. SK ATTEMPTS TO RIP THE 41 RIPPER " Hearing In the Quo Warranto Pro ceedings to Test Constitution -dlltii ol Muehlbronner flr.t. TEN LAWYERS TAKE PART Thtee on Ench Sldo Tnlk for Tlnce Hours In Assailing or Defending the Act Mayor John G. Wymnn, of Allegheny, Is Represented by Two Eminent Pittsburg Lawycis, nnd the City Solicitor of Allegheny la on Hnnd to Lend His Counsel to the Relator's Attorneys It Is Ad mitted That the Governor Has Vowor to Appoint for a Teim Be yond a Municipal Election. Srsumi'iilh oii niinli yi-.-ti-iiWy ln1 fnro .JudKt ' i: W. Vnlilhilil. It. M. IM v 1.1 ils imtl Joliti P. Ki'lly In tic iir winrcinto i)incee.lltlKS IniiilKlit lij n Snuttnr M K. MeUonuIil t' ti'Ht tliu oiiistlliiilniiiitlty of tin- "ripper" foat-ii- of tin- .Mili'lilbtotilier not. Tin- ntli'iHlaiiK' ol oiilnnkPia ii: r.ic miiiiII, imt nicuo limit half u huti difil i--imiii hi'lnu In llio court loom ,'i' nn mil' tlnii' ilurhiK the piokioss "t " ln-uiinir nnd not morn than u dozen ci tln-i Ik'Imk lawyui'H. Sci'niitun i ,i In- dci-ply Inti rcsti-il In tho rati- if tlir "ilppcr." but her rill zi'iis did not cvldciici' It by n'tui'luiii-o ul its tilal. Kx-Hunrt-t- Mi-Donald, the n-liitor. drctppert In v, In-ii the hcurlliK wiih half over; r 11. Sturm h lookivl on for a ulill" to- .nd tin- rinse of tlio uiKiuncnts, and i) tew other iromlnnnt cltUcns helped 'iic tin.- MX ne fioin un fif.pei'1 of abject 'ninliies.. Il' It li-jtl not been for the 1 iiiKein-ou who weie Interested In ill" reports of the grinul Jury ti ml tho fact that a l.irRp ntunber ol lawyer? won ii-talned In the ease, the Iteming would haw been nlinoot perfuiH-tory. t the plaintiff's table, where the lelatoi- ti-nk .Ms po-ltlon. v.'eto Attorney .Iuv(iili O'llileii. ox-i'lty Solicitor Ii.i II. Hume. Atlnrney M. J. M.utln and " . IJ. l.ewih, ivpioi-eiilliiR cs-Si-natoj-JUlHinald ex-t'nltrd States nistriet l:oiney Waller l.yon, of J.voti. Mr Kw .1 Mlt'lull. and t.ewls Mi Mullen, of PlitnliuiK. it-iit cenlin(j .Mayor Jiiiiim i W'jm.i f All-Khony. and riiaik-s P 1..H1C. city solliltor or AlleKheny. t the defenda'.t's table mt lleiot-fr-r .Moi-'i: iopresclitatlv-s, f'lty Solid toi A. A. Vosbtii-fr, e.x-'lty Solicitor .I.imeH II. Toin-y and cx-IikIkc II. A. Kn-ipp. Miwrs. l'.i.rns. Martin and I.yon-ar-mieil for the tcl.it or, Mr. O'lb'len Riving ay to Mr. Lyon. All three of tli ic-uinlti-V attotneyx v.cro lu-aid. Aigucd for Three Hours. The arcumentH ronmnncd n.-.n ly ihiee limit-, lai-tlni-; ftotn .stuutly after ' o'clmk I'll wllliln ten minuter of 12. "be relator's attorneys vent into a (.. m-rjil i.llntk of the ait, ili-'plto re in ated Intiniatloiih of tin t otirt that it only wanted to hear dlscissloiih of the -tdi-ntii 1 ol the lecmdel's llulll to lml 1 Mice, cm! as a s-mt of pit caution the iontlcnt' attorneys liimle Keneial nnswi r. .lust pilot to the heating the lehuor lllcil an amended siiirci-Mlnn and the xpouttoiit an amended answer. Tli" nineinlrd HlKKfxtlon l. In siibslaiu e .1 nixciiU-titly biiinniaiized review of the .iiKlnal tiifSKeatlun, an! reads as foi- i(i; . . nmonvi.illli t I'nmiiluiii, i i.-l. -I--tin l' l'.!l.ln, .Utoino.i rtt.IICl.il h. .Iltulr. Mull, inritu cf vr niton. No. 7li, Mitili Tiiw, ' H. s.., il.mli Mill. i.MI. io.iii-sl t.ir ulit.t iin'M lo innin.l the suser-lion i-( t be .itturm-y fiiml I'.i .til.lius the follnnins: Ti- nl.itnr riiiimiJilrro tin- fon-solne ipix.ik .illci-ln (hit the .1 i 1 jt M linjli'l lr lie. t -lliiwinj ir.ivm' ltr-lt U local .aid jnil Iell.tlloii -mmil-'llic at li-n imii' tluii on.1 rnlikit. Iliinl -'ll.p L'Oit-rnoi- ImiI vo pottrr to ji;il"t u-iuuilcnt fi.r tlu ii-uii iihIIii; A i 1 1 J, 1 -; I utlli The amcitioi 1ml no pumi In appoint niioiit iiiifiimitluii lo tin! Miuti-. I irill- llllf Il".-Wllilll llJ- IH pOWt't le .lll'.llill ' o!Iim ulii'ii the olijcil U onlj to iiciu -in.iitiir I'ffio In iiiifiinii llio Mini." tkitlc illi 'I lie .ul 11 nun pnli Hun in imiu .mil - 'nUlllf, n 1 1 .lie I lipul! till' pOnpk .nul nut il.in tin' piopri i.cii- Hnl pimri et l.'sMi i'. It I'Oinj ti.i tin' In mill ami .ib.iiit.ii:i' "I I'litU.m l.iitl'ii Jiul nut lor llio s"'il el in' "le. Amended Answer. 'I'lie nun tided anrwer biar- praeiic.il lv the saint telixtlon to the original an-i-r as the nmendcil siiKJ-'eslIon iloiw tc the oilKlntl sUKsestloiit,. it is as f- Hows: i iimiwmciUli w IViiti-iU.aiii. ev id. .l.-ini C .l.llifr. ulti.iiu.i sonii.il, ir. .Linn s Moli. in tic l-yuil i.i IJoiiii.inii Pica- uf l.n Kjijiiii.i ('unit. Ni. TM, JUnli 'htm, liml. )v. .Mju'Ii U, IWI, tl.p ii'rponiliiil. .liiiu'i Mi'lr, for .mwer to llio aiiifinliil MiKtlmi ilu ih.i lllnl un llio pirt ot tlie Cuiiiimiimrjllli liy l. no of rrniit, viiini, .nul iMiptlns -ill olilo. nuij In iiiii .in.) I'iRiitaliitli's In tin- (hM n'liLinliiiiiit, uiHivi'is tliirito jh lulloui: l'lrt-'llie .lit lifcncj to. to lt.: tlir .1 t PpioiJ Jl.mli 7, ll'il, rntlllci "An Ait foi tin- fioKrniiu'iil of Cilln of tin1 scioml ( la ," i nut Kk-iI or special Ice .latlcn. ii(.iiil Tlio salil net his not niuif tlun one Hi 'Il'lt, lnit unv single nilijcci, to wit. tlip s"v" t mini lit o( ilii't of I In- M-i-oml il.iw I Iilnl Ily tho ixpitx pioiiiiin of the ait ill.- (iuii'rnor It aliru power to jp.om i ir lorilcr (or caili o( ilm i iilet n( ihu second ilaw, Mho th.ill MTH- tn. Ill tliu tllel MullJjl In Apiil, 10O-I. ami the foicinor has so appolnlnl the n pcndint rcconler (or the illy of Scranton. jn.l l.'.u ripomli nt has ipialhlul ai hkIi iciunlu In llu- nunnir prcMillictl hy ilm uiil ail. 1'oiiitli ll.i the tnin of the iiilil ail -.i" poiur o( tho coitiiiur lo appoint ruoiOcrs lor tiled of llu' Mioml iIki m.ih not lonpU-i) inti .my nitc-oll- thai 3IIU. iipMjiiiinent nhoiihl ho b him nportcrf t tin wiuti or lontirniul hy the (CILltC. In the- .ihSlllCO of Mllll li'atllctloil iifun Iili appointing' lioi.-u- villi lelirente lo a itiuiiivip4l nltieii ri't m.-einilcil hy the oi. tltutlon nnd irc.itfd n-I'ly hv Ait ul At-cmbly, nn nidi reMrlctivi: .nvl ociitliiii.illon aiu if. liilnvl, Klltli llio IfsbUtme ha.l full r-oi.v i.i, tun) lid hy nhl Ail ol Abi'inhly, aholUli tin i f lien of nu.ior In cltlcn ol ih ji-ionj cl,w, ami tin- inlcrencu rontaincd in the ..,i.irpli of the .miemlid Miseetllon that tli.) object ( u. I hMIMou '( the olhee i lo crt-.itc ano.h r of. 11 c to pcilorin tho mine dull', it denied. .Mr. lIuriiH for ;he relator was tho tliHL to be heard, Huh contention lit Mibstanco wiih as follow v Mr, Hunt a' Argument, i'lie Miuihlbrouner act only put pons to cover Uirec cities. This violates the onutlttitlon itliWsis tho clitsvlfli-atlou net In uiiulo lo lntrvcn In Ils salva--tm. ,'Joim.' luivp the Idea that If you nuikc nn act say It applies to all iltlcji of it clues It nroIdH tho coustl tutlunal piohlbltlon nKahift special or local lcKlHlatlmi. This Is not correct. In Ayres' tippenl, the Wymnn cusp and many others, the court tllstln Riilshed what were proper mutters for rliUBlllcntlon. An net Is inentliilly un constitutional unless that which It at tempts to classify Is cleaily a. matter proper and necessary to be classified. There must be a "necessity wringing from manifest peeiillaillles." The ollk-o of mayor Is not. peculiar lo nny class of cities. It existed be fore Ameilca was discovered. Kvery city In tho United Stales has one, ex cepting Hcrautou. It Is Incumbent on tlm other side to show" the liceullurtles which iiiake the abolition of maor iiecifsary. A'hat Is the perullar neces sity of ahollDhlui; the office of mayor of Scranton nnd not those of Wilkes Uarre. Heading- or UarrlshtitK? No x cnri) Is uffetcd. It Is simply legislation by niiilii strcticth. Where Is the preamble to Ihls bill'.' Wheie aie the "necessities sprltiBlni; ftoni manifest pocullMltles," that war rant the abolition of the olllce of mayor In this city or In the cities of PIltsbuifT and Allegheny? The fact Is that the net merely at tempts to transfer the functions to an other and similar ollteer with a differ ent name. The duties are Identically the same It I purely a chatiKe of name. What Is the necessity of calling lilin n recorder? If the necessity doesn't exist the law Isn't good. Question of Necessity. Necessity, the opposition will say. Is a legislative and nut u Judicial ques tion. In Ayn-s' nppeal, the supremo court says differently. It says, specific ally, court shall be the Judge of the necessity, llxeejit on a political par tisan necessity, no one will contend that any necessity oxImh 111 this case. Ill the case ot the coinniiitiwealth against Callaud. Ml Pa. !!".. It seems to he settled that municipal otllccis are not such as leipilte i unlit million by the senate when appointed by the governor or that It is necessary they should have their appointive teims united by the next general election, bill the simicnte court very likely made this decision haishly and can be telled upon to reveise Itself when next It is called to pass upon tills question We do contend, though, that they can not b.v the same act provide for a recorder being appointed for an ev tended teim and, then elected for an other extended term. .Itulge Kelly Would the appointment hold good until the splint election of I(i02? Mr. Ilurn- No. The appointment Is mi entliety. It Is for two years or until l!'0:i. It Is good for what Is ure "cilbed or good for nothing. No one can change It. Neither the court nor the people can ie-leglslatc. If it Isn't good till P.Mifi. It Isn't good until 1902. This act Is special because it makes no provision fm "lipping" cities which an- jet lo come Into the second class. Suppose lieinllnir should be admitted to the second class at, the next census. Would she hae to go through this pitllmlnary purgatoiy of having her government run by some one from the outside" No. She will he free fiom this burden. About Local Results. If local lcsults are or may be pio iluced legislation is void. If James Molr isn't iccorder this suit falls. Scranton is governed by a recorder, l'lttsliuig and Allegheny aie governed by mayors. Here is a local result, a most palpable one. For thai matter who can say the xveiuor n over appoint recordeis for Pittsburg and Allegheny'.' As Mum as we get down to govern ing ourselves again, the appointments by heads of depiu tmetiL must lie con Ill med. Dining the lelgn of the ap pointed recorder, this coiillrmatlou Is not required. This exemption applies only to certain persons, chosen in a ceitalu way. It does not apply to the otllie. The ail Is special. In that It confers poweis and duties on the ap pointed leiuiilcr whli a are not con (cried mi Hie elected i-ecoider. It Is special In this u-spt-it and designedly . Why should the choice of the gov ernor he piefeired 111 power and ex empiloiis to the chuli i of the people who pay the taxes'.' Aillele IS of the .Muehlbronner bill, relating to Impeachments, attempts to confer on couits with a second class city in their Jiulsdlcllon. n-italu pow ers not given to courts In districts not einbiailng a second class city. This uifends against the cousttiitloual pio vlslon icgardlug unlfounlty of the poweis or courts. II gives the Tu-ka-wumin emu t a power not held by ih, uelchlioilng 1. interne court. The at tide In question "sa if in the judgment of the court" such and sin-h Is the i.ise, this or that shall incur. Js Ihls not a Judicial mnitlon which it attempts lu confer on tip l.iiekinvanu.i and Al legheny com Is to the exclusion of all ol hers'.' You can not classify courts by an act for the government r .second class lilies. Violates Conbtitutlou. Tlie ait uIfii violates the couMltutJun In that It prohibits the removal of an appointee by the power that appointed llllll. "unless br consent of the ap pointee." The loustltiitlou says an ap pointee shall hold olllce at the pleasure of the power that appointed him. Judge Kelly- TIow iloep this affect tlie iitioitlon befcii! us" Mr. Ilurns If the net b defer the In Us esseiitlalf, or unj, consliliralih num. her of l hem. Iho whole act falls. In the ordlnaiy bill the npeallii,; clause- rliuply declares the cifccl of the I. Ill, ami lines not beeonn a t abject, p this ne. theie Js n special icpealliii clause, icpeallug all of the ct of isiiT evept the tlrst and second sections, and at lis end, Is a gi neral repenlln,; Clause, ii pealing nil nets or parts of ni-tx inconsistent t'i"iew!th. ThU mums Unit lliern aie three mbjcits In the bill. Then' have hi en sltvnlnj ads lor Fcinnil i lays cities passed Miic IS" I. Ilulf of them, wo will "ay, ni lipeileil by ihls i lause. Suppii'-e son- peison had a .tillable '.esteil tight confririd upon him by one of these re. rcnlcil nits, would he Imvii noiice .if the 1 ft c i If bar on him by Up- lUto of the in i'.' Th. act I.i iin-Aine.-lcan. ti t ! fioin Scrar.lon the light of government by Us people. We arc to lie g,,: clued by long distance telephone. The reender la the cteaturo of Iho gover nor oral will do Ma bidding. If .some one wants 1 adiiy O'Klnimi ty' plueo on tho struct cleaning gang, ami that noine one loin .: fi lend who can icaeli the governor, tho reconler must bounce OTIahetly. Tho appointed leenrder Is not subject tu tho will of the people. Pactional Politics. Mr lluiriH was launching foith intt a tlirtile ngalnst the factional imlltles which ho taw behind the mensuie, but Judge KdwnrdH Interrupted him with a rcqu'.'H to confine himself to the quo warranto que Hon, .Mr. Hums ivplled Unit it nil had n beating on tho neces sity tent in e of his contention, but h look his rnt without resuming the tirade. Mr. Lion with his colleague, Mr, Mr Mullen, came in after tne nrgument had opened am' was not Inttoduurd to the court until he took his position In front- of the bench to commence his remarks, After iMinmmelng that he fcpirsentcil Mayor Wynuin, of Alle gheny, Mr. l.yon proceeded to nay: Heforo entering the second clnsn, Al legheny was a city or the third class, acting nullity under special legislation. The present code of third class city laws was adopted while Allegheny wua In the ieei.nd clasr. The Muehlbron ner bill, In Its tweiitllh ectlon, pi' ldep that cities of the second claT, which have passed ftoni the third class, can retain ruch of their thin! class city laws an aie not Inconsistent with the new second chisa law. If Allegheny letnlnr. some of her old third dnss laws nnd Scranton retiins pome of the new er third class code, we will have thiee cities of the same clars working under dlffeient laws. The constitution say all inws relating to a class shall be ur.l form. In l'lttsliuig and Allegheny the coun cils nppnlni subordinate ofllccrs. Tim lonslllntlon niys the light of icniovnl hall lie In the power that appoints. The Muehlbroiiner act attcmpls lo transfer this power lo the iccorder. Connr.lls tiloiie can remove the ofileers they appointed and to attempt to transfer their pov er Is unconstltu 1 Intnl. Mr. 1j on was piepared lo tittack the elapse of llio bill einpoWOllllg the i - ilior lo appoint for a teim beyond an Intel vcnliig election, when Judge Archbald Ininrinrtl him Dial his "1 league, Mr. Hums., had admitted that (Inn contention was not bin no out by the Supreme court decisions, wheitat Mr. I.yon wlthilnw. Arguments, for tho Bill. City Solicitor VosbMig then began iho tulnelp.it argument foi th" ' siioiiilent. lie iirelaie-.l It by ni-UIng an Incidental nnswr to Mr. l.yon's contention reganllng the transfer of the power of leuiovol. polutlns out that councils do not appoint, but elect. Aflei which he went on to say: The federal constitution confers upon congress corlaln prescribed rlghl. The state cci'Slltution confers on the leglc- latute all powers not speclllcally pro. lilbited. lp passing the Muehlbronner bill the legislature did not traucend any o" the constitutional restrictions, anil consequently the act is valid. It has l)en held over and over ngnin that one point or an act may be tle ..tivn iv i tli nut destroying the whole. There may be some minor Haws in llio body of this bill, but they are not such as would Invalidate the act or desttoy Its elllcleniy. It a good ilet and its main machinery l wholly In confoi mlty with the constitution. In January ot this year, Sciantoii became a city of the second class. llon the receipt or the governor's cer tlllcate, ex instantl, we liewime a city of the second class. It Is conceded In the attorney genetal's suggestion that Scranton, on March T, was a city of the second class. Have the lights of lids municipality been Infringed? A municipality Is an agent of tlie state. The slate can gov ern a city dliect If It so iletlies. The state Is the fountain-head of the city's power. A city Is powerless without Its power of attorney from the state. Having the right to confer, modify or change this power, it has the right to take It. or any part of It, away. Creature "of the State. The t'nlted States Supreme court said or Ilaltliuore city: "It Is a crea tine of the stale, and the state mav govern In local lenltory as It does In the state at laige." We have Pennsyl vania decisions along this .nuie line. In Tliomiison against the Common wealth, the Siipreim court said that municipal olllicrs aie only the iiea- tuies of the state and the breath that gave them life can blow It out. In the case of Don.ihoe against ltuhei l. -where it tax lei elver succeeded to a delin quent tax lollectoi's functions, the Supiciue colli t expiessly held that the legislatuie had a light to cut the col lector's teim and deprive him of the emoluments. The incumbent of a liiunlilpal ollhe has no vested right. He Is the cieature of the legislatuie. The governor can appoint a chief executive ol" a city per potually. It has been contended that tlieie lias been no change made in tlie olllce of chief executive, exiept in name. Tills is unwarranted, as a compailson of the ads will show. The rei order has no veto power. Ills powet of appoint ment is Immensely enlarged. lie Is given extended control over heads of department. He Is clothed with the full nowers ol a Justice of the peace. lie must furnish a heavy bond. The legislatuie has abolished the olllce of mayor and created a new one known as recorder, and that Is Just what the Supiciue emu l says it can do. The.ru Is no luheient light in a municipality to elect officers The only reference made by tlie constitution to municipal elei lions Is to say that If such are held they shall be held on the third Tuesday of Febiuary. There Is nothing ill the constitution, ex pressed or Implied, to prevent the leg islatuie from giving the governor power to govern titles pernianenily. Tempoinry Expedient. As to the schedule, It Is iiien-ly a temporary expedient devised for the purpose of putting tlie now govern ment hi operallon. Judge Cooley says In tlio ease of The People against Illirlhuit: "The legislature can make temporal y appointments and other piovlslonal airangeinent.s for Inaugur ating a new rorm of govirniuent; the liiiiugiiiatlou can only be ell'eeteil with the assistance of a guiding hand." The contention that the governor can not appoint a recorder I'm two ycais is not seriously insisted upon by the up. position. Article IV., Section S. of the uinstiiutlon fays tiie governor shall base power lo appoint to the next gi-n-eial election. This limitation Is put only on such ollices ns ate elected at a general election. Judge While In 101 Ph., held and the Supreme court af lliuicd thai Uils limitation does nut ivflVct olllccn fllieil at a municipal dec. Hon. Judge Kd wauls Tlie mayor Is inn a constitutional otlicer. Mr. Vosburc V'our honor Is right. The suggestion Is timely. And 1 might add that tlio mayor tan not bo brought In by implication as u constitutional ollleer. As to the firemen and police men. It was decided here lu tlie ease ot Saul against the City of Scranton that they aie not ulflceis of the city In a constitutional sense. After hcorlng this telling point, Mr. Vosburg retired to make way for his. associates, Mr. Torrey and ex-Judge Knnpp, Mr. Touey said- New Torm Heie. Il was predicted by the opposition that we would be ns dumb as oysters on tho proposition that tliete was no necessity for Uils change In the form of government of second class cities, "Hipper" Is a new term hcie, but It has been a household word In Pitts buis for more than four cais, it is Ii relevant lo the ease nt bar and as may lie Judged, distasteful to the com t, lo go Into this matter as Mr. Hums ersayed, but as a matter of the history of the case It might not be nml.i to say that the change Is made necesary by Ihe fact that the law iih It formerly stood centralized power In somebody who wasn't leaponilble to anybody Jt had that vice of mix ing legislative and executive functions. Its vice was shown bv the fact that one man, who had no direct connec tion Willi Ihe government of the city, controlled Its government, Tlie Supieme court has declared, In tlie MeAskle appeal, that the legisla tuie Is the sole Judge of the necessity or classification and that all legisla tion applicable lo n whole class Is gen eral and not special legislation. It Is iricsistlble that It Is not special when It riiibrure.H a whole cla". in com monwealth against Ollllgnn, Justice Mitchell says; "Necessity m public eon. viplcnce. and tlie legislatuie 1 the Judge of the necessity." The law ap pointing u record"!" for Pcnintiui does mil relate to less than a class of sub Jicis. The law picsumcs an uflieliil will do his duty." and we are to pre sume Hi" governor will appoint 10 conlers for Pittsburg and Allegheny before the thirty days' limit has ex pln d. Some time III Ihe ftltuie the courts iriiy have In ileal with tlie question of what paitlculai" laws are repealed b.v the n pealing i-luiise of the Muelil liioiiner net, but It Is not now before this cnnit linn Been Done. As to legislating a man nut of olllce, It might be appropt lately called to inliiil that tlie late Judge Ward was legislated out of the olllce of city regis ter, or judge nt the mayor's court, by a I'lntiM" In tlie schedule of the slate onstltlitlon. Tlie constitution ltelf hud a "ilppcr" attachment. The ai t of 1! relating to second lass cities. In article vl, section 2, has a clause loading: "The terms of may ors, rout ml lei s, etc. shall cease ami determine." The present "ripper" Is, therefoie, not a new idea In legisla tion: the state has previously legis lated men out of ofllce to inaugurate a new form of government. If this act should lime prnUdeil, simply, lha the ofllce of recorder should be filled b.v appointment, nnil If tho legislature nt the next session made It elective, who would have questioned the proceeding? Tlie re sult of this act Is the same nsi would be the rcsull of the act nnd amend ment Just suggested. Hx-Judge Knapp made rpeclllc reply to Mr. limns.' contention that there was moie than one subject In the act. Said he. It Is claimed that the repealing clause in tills act Is a second subject. Tl.ls is unrounded. The repeal Is ex actly gcimaue lo the act. It deals with ihe government or cities or tlie sccend class. Unless you point out the clause or the constitution forbidding a Hill g, you cannot say the tiling in un constitutional. All powel- is In the people and tho pec pie have cstetl that power In the legislatuie. The city of Scranton Is simply a creature of the slate. Its power as a municipality is metely n delrgated power. It has no rights as against the sovereign power of the state, cm ept those vested hi It by the constitution. The mayor' and other city olllclalH aie not constitutional of ficers. They are not elected at a gen eral election. The whole argument of the other side seems to be based on the false premise that a vested right to olllce lies ill all officer of a city. will The legislature can do ns It sees lit with Its cieature. About the Constitution, lleferrlng to (he charge that the act Is unconstitutional, It need only be said that this court has no cencern In that. Justice Hlnck says: "Atgumetits based on general principles, which uro outside of tlu; direct language of tho constitution, must be addressed to the people." and Judge Cooley declares that an act cannot be successfully nt tnckrd "because It may be opposed to ihe hplilt which Is supposed to per Mule the constitution." Mr. Mat tin made n. general reply In behalf of the relator. lie contended stienuously Unit the court was the judge of the "necessity springing from some peculiarity." which Mr. Hums had held was essential t a change In tlie style of chief executive, but Presi dent Judge Archbald would not hear to Ihls. and Indicated that It was lire less for Mr. Martin to argue along that line. "Unw do I know the neccs fllles of Vltlsburg or Philadelphia?" Judge Archbald asked. Mr. Martin cited ihe celebrated Tltusvllle case as a parallel to the one at bar In the way of being special. There tho net so ileset llted the class of clllcrt to be affected that the city of TlttiHVllle was the only one that would be legislated for. Chief Justice I'ax son said: "Why not suy in all counties named Crawford containing cities called Tltusvllle this act shall apply." "Why," asked Mr. Mai tin, "did not the legis lature In the present Instance pay. 'In all cities named Scranton. Plttsbuig and Allegheny, there shall be a io corder'.'' It 11-1111111 le quite as lilting as the suggestion made by Justice Paxs-on." A Genial Attack. Mr. Martini was launching forth into a general attack on the bill when he was Interrupted by Judge Archbald wiih a ii-mlnder that the right of tlie recorder to be the chief executive of Scranton was the only question before the com t. Mr. Muriln leplled Unit their im pose was to attack the whole bill, so that hy killing Its body Its head would have to die. If enough of the essential featuies of the bill aie destroyed, the system will not be capable of being operated, ho said, and then we -would have to fall back on the old system, which would mean a mayor Instead of a recorder. Couit Indicated that It was not Im pressed with the elllcacy of this plan of attack, but peimltted Mr. Martin to conclude. A general invitation was extended by Judge Archbald to all Interested at torneys to come forwnrd with any sug gestions they might have to make, and none nppearlng tlie court retired. It is expected a derision will be readied In tlie course of a week, the attorneys on both sides being desirous of getting the case up for a final de cision at once. Gladstone Found Time to Be Kind. The hustnrp mm fora,e!, a do nunc of ik, the Until epi rsviiil ti.v llii-kili. that "a lllile thought and a little klndneH uro often wouli moie tlun a ureil ih-.d o( money," ns Snieest 'I he cri'.'t demand is on their heiilj, not on llii-lr pure. l-i the matter of Unln"v! ne nuv all he ureal, and ( the pilme milliliter ot one o the piealet-t nations In the world, a man iihn-o pen and tomjue and brain, wi'ic lonstantly i-er-ihed in liclialf of tlie poor and opprrcscd, hir ii. -r he found tln-ni; if the- iirand old man ol lamltnd, Willi mi I!. Clnillnne, rould (mil tlivc le liaie lit priwhif; ii.-irll.uni-iil.iry duties, te rally a lmncli of Mowers to n little Sid: iiosv fms-Mici per, shall c not hi- a-hamed to mike (or outsell m tlio cmiim', "I haun't time lo lie Kind'." E. Bobinson Sons' Celebrated Bock Hler on tapSaturday and all next week Thousands of People Have visited our store during the past week, and thous ands of pairs of shoes were taken out. We have got to gether the remaining lots of Men's and Women's Winter Weight Shoes with a view to Pushing Them Out Bodily (if the price will do it.) We want to clean out the stock and will not carry on this sale one day longer than nec essary. We like to sell our new Spring; Stock, of which a great many pairs are among this lot and have to go at w PRICES WHILE THEY LAST. ttesrFor TSiursday, Friday and Saturday we make a Special Drive in Men's and Women's House Slippers, worth from 50c to $5.00, at your own price. Lewis, Ruddy, Davies & Murphy 330 Lackawanna Avenue. -i?- k 4 -k k 4 4 -X" 4 l ! . Who Can Wite the Best Short Stoty? The Tribune Offers Cash Prizes to Loci! Writers of Local Fiction tj o o $' $ ? 4 $25oo FOR THE BEST & .. . 1 Q.oo FOR THE SECOND BEST. 5.oo LITERARY COMPETITION NECESSARY IN i' r -J A, 4 In view of the fact thai considerable time h: clanseu" since Ihcre has been any public competition through the local press n lor the purpose of .stiimilnting tlie literary ability latent ainony; f the people of Northeastern Pennsylvania, The Tribune has tic- Jj filled to offer a scries of prizes as a stimuli in this direction, j " t is desirous of securing for use in its column a number of J 4 short stories treating of local themes In order to furnish an ;?J 4 incentive it proposes lo pax rj J?L'.i for the best story of uol to exceed Il.tMMI words in length; ' , $10 for the second best story, and '" "" S." lor the third best story.' ?' ? Manuscripts not successful in securing one of these prizes , 4 will be published and duly credited if the authors so desire. 4j" v C. .." . t: . i"; ... .1.. .. I l ....I..,. ' s ruuries tending 10 nriiig J lore ol the anthracite mining connection with cverv mine in 3 dition. including hair-breadth escapes, narrative of spooky hap- penings and other details bordering on the weird or supernatural which has never been gathered together in literary form. This opens a field which is practically inchau."tiblc and which should fr supply the material for some exceedingly interesting fiction. J The task of passing upon the merits of the manuscripts stth- A milled will be assigned to a disinterested judge, whose name . will soon be announced, and who will read the manuscripts but have no knowledge of the identity of the authors. The envelopes ; 2 containing the real names of the authors will be preserved tin- ? $ opened until after the awards have been made. f" Should tins initial competition prove encouraging, it may i2 be followed bv other prize offers of similar tenor. CONDITIONS OF THE CONTEST. Ml manuscripts must be submitted not later than March :). f". All manuscripts must be signed by a fictitious name and ac- JJ coinpauied by a scaled envelope containing the fictitious name y and also the writer's real name and post otlice address. ; The scene of each story must be laid in Northeastern Penn- sylvania. but the names of real persons must not be used. f o One further condition must intended for this contest will be scribers lo The Tribune or from those who may, during the con test, become subscribers by payment of at least one month's sub scription in advance. Address, STORY CONTEST. Scranton Tribune, Scranton, Pa. A' 4 ."if e-I J ej -J -J Ii .-J,-. p J,. JJ l il fr $ k 4 k 4 X4 i? ii ' fc STORY. FOR THE THIRD BEST. a WHERE EXPERIENCE IS NOT ORDER TO WIN. out ine romance aim icc-niwu.i nidustn will have preference. In the vallev there i a mass of tra- f be understood. Contributions accepted only from present sub J l i-l fy i. ej. P j itiliti& ar- 3 & & A y i ,.-." A Sf , jtJfA
Significant historical Pennsylvania newspapers