'
THE SCRANTON TRIBUNE-TUESDAY, AUGUST 13, 1901.
$jffi
An Excellent Combinntion.
The pleasant method nntl beneficial
effects of the well known remedy,
Stiutp or Fiob, manufactured by the
California Fio Svrui Co., illustrato
the valuoof obtaining the liquid laxa
tiro principles of plants known to bo
medicinally laxative and presenting
them in the form most rof rcsfilnr to tho
taste and acceptable, to tho system. It
is the one perfect stronijthcninp; laxa
tive, clcanshiL' tho system effectually,
dispelling colds, hendachea and fevers
gently yet promptly nnd enabling ono
to overcome habitual constipation per
manently. Its perfect freedom from
every objectionable quality anil sub
stance, nnd its acting on tho kidneys,
liver and bowels, without weakening
or Irritating them, make it the ideal
laxative.
In tho process of manufacturing figs
nro used, as they are pleasant to tho
taste, but tho medicinal qualities of tho
remedy Bro obtained from senna nnd
other 'aromatic plants, by n method
known to tho California Kin Rvntrr
Co. only. In order to got its beneficial
effects nnd to avoid imitations, please
remember the full name of tho Company
printed on tho front of every package
CALIFORNIA FIG SYRUP CO.
8AM rRANCIBCO, CAL
Louisville, irr new york. n t.
Fornalobyull DrucRlsts. I'rlccSOc. per bottle.
CITY NOTES j
D & II rY DWS -Ihe llrlavraic and Il'i'l
fon will pav todiy at the Boston, l'l) mouth
leos '.', J, t Hid .".
1). I. eV W PV 11US -Th( Srnnton Mini
mm of the I.acktwinria railroad will be paid
tn.Uv, and the- trainmen will be paid tomorrow,
beginning at R a, m
K OF C. MKLTIMi. The. Knights nt foliim
bus wilt meet Wcdnrsda night In consider
matters connected "1th their Ciciirtien to liar
vcj's, lake en Aug, 2"'.
INrKHinit PUN'TIM"; A force of workmen
nrr engaged in piloting the Interior of the
Ilailread Voung Men's rhritian association
budding on Liskananne aeenuo .
W VS NOT COMPU'TK. The store- of the ar
nt of ,1 i:. Rrean fir assault and bitter, as
I r ntcd In tlie locil papers wis not complete
in that it failed to stile the reion Mr lirgiti
was acquitted. The fait of the milter I tint
lie wax not concerned In the affair at all and
was atrcsted he mistake,
K ltl"m: lAn'RslOV -A special seashore
cveur'-ion tn lone llranrh, Oc.ein Grove and s
luir.i Paik will he inn fiom Sirintnn over the
( mitral llnlroid of New Jeisey, on l-'ridi,
Aue '-'i for $ round trip, good gome on
rpri ul tiain leasing here at l" a. in, and
(.nod for returning "n anv lcgtilir train until
Sept . fnclusieo Children between 5 and IJ
jears will he charged hilf lau.
CONCERTS BY BAUER'S BAND.
They Will Be a Feature of Today's
Picnic at tho Park.
Today tho nnnu.el jiknle of tho
poranton IUilwny Renetielal associa
tion will be held In Nay Aug p.tik.
Bauer's band will give conn its aftei
noon and evening In the afternoon at
8 o dock tho following piogramme will
be lendi'reil:
Mitch. "Hi llenn'8 Triumph il" . O II. I'arrar
helei lion, "riorodora" Kmil .Wlier
'wjrntt niIo, "The liatchatmcr's Song" -
d. Xcwondoriif.
Mr Thomas Mile-.
Mireh, "The Warriors" Itirtihou...
(lierture, "Pnet and Peiint" l'r V. Nipi
Mirih. "eneili" ij Palmni
Valtr. 'Tonipii'la" , ihl
Midley orrture, "A I'eihkr" PeW'ilt
Selection. "The Pounders" Ii ncl.nnler
Minli, 'Tnln-m of CilnmliU" lexunler
The program whlth will bo rendered
tonight at S o'clock will be as follows:
Slaiih, "The Um.m, of the Oil Iliisade"-
V Pais I lumber"
OMiture, "imp" lliioed
Meitlon from "Tlie lliirirmni-tir" .. ..I.idus
Msr.Ii, "Vale Hoola" ' illhh
Wjlt, lllltie" lirun
Minh, "(.ooil-liy Dnlli ilri.v" .1. . I'hiiiimt
M din oertiire, "Mam llin".. . II Vll.iril
Mn.li. ' rrjnseli" p i ,i ,
t-elritltn. "1'oiv QiiIIUi" ,,,.,,( In- .1 IMmu
JJjnh, "Ihe i; mpctltor" I C. Hied
AMATEUR BASE BALL NOTES.
Tlie Srmtun Hue Hall team jeeept. the i h il
lease of the Cro-ient team of t'arboridile, H
pime to he plated Situnlit, uur 17, on ihe
Tarhondjle (.touihI If ati-faaoit ansvur
throuch this Hper. V. H IIioiiik, malum i
The Prother of Put.tnn aiupt tlie i Ii ill- rim
of the I.iekattanrus for a cime of hall at I'm,
ton, on Auij. 1.
Krause's Headache Capsuloa
are, unlike anylhlng piopaied In
America. They were tlrst picseilhed
ov Dr. Kiause, Oermuny's famous
full physician, long befoie antlpyilno
;3 dscovered. and ate almost marvel
ous, sn speedily do they uuie the most
listretslng eases. Prite L'je. Hold by
ill druggists,
Smoke the pocono Cigar, 5c.
X
X
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.X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
DEALERS IN
Bonds
and
i Investment
Securities
M Broidjr, N. Y,
WiUri-nirre. Carbondile.
i-i-t Commonwealth Md'e, Scrantcn, r.
U U la U ii at k U M 'A 'A U 'H V 'J '
LUKEN'S NARROW ESCAPE.
Knocked Down by a. Train and
Dragged Some Distance.
Harry l.tiken, n nwltrhtencior In the
LiU'kHwntina. railroad yard, lmd a "nr"
row cui'Mpe ft mil death yeiterday, whllo
at woik In the yaid, ami Ills pi iconic
of mind piohably wived lilm from it
honlhlp fate.
Ho was cuwIiik the tnickc, near the
west end of the depot, when a train,
In chin kp of t'nndtli'tor Dooley, was
helnir imrkocl In from the Diamond
switch. Hefoie 1Ukens hurt time to get
out of the mi, he vwi knocked down
by the end ear.
The tmln was not itititilriK ery fast,
and I.tikorix' experience it railroad
man quickly told him to He down be
tween the Hark while the cms passed
over him. He lay In this manner until
tlvo ears paused, and was then cauRht
up by one of them and drugged u con
siderable distance.
Meantime, his pu'dleuinent was
noticed hv. several of the yardmen,
who signalled the train to bo stopped,
and when n-ie-ned he was more flight
filed than Injured. It was found that
lie sustained a slight abrasion of the
M.nlp and neW'tal bodily butl.scs, none
of whkh aie serious.
The injured man was removed to his
home on HiiiiImiii avenue, wheie n
pli.vsii'lnii diesseil his Injmles. l.ukens
toil an nun on the talhoad j-evcral
e.us ago. a
SIDE PATH LAW IS
UNCONSTITUTIONAL
Opinion of President Judge Edwards
in the Case of Herman Osthaus
Against the City.
In n case stated between Colonel
lleiman Osthaus and the county of
li.tekawanna passed upon In an opin
ion handed down yesterday by Piesi-d-iit
.ludge H. M. Udwards, he deeldesi
that the act of the legislature piovld
lug for n tax on bicycles and the con
xu tic Hon of nldci.tths 1h unconstitu
tional. The case was brought as a test to
ascertain the validity of the tut. The
opinion follows:
The. only question to be lont-ldcied
in the disposition of this i.f-e Is the
constitutionality of the At t of Aptil 11.
ISM. P. Ij 2G. entitled "An ait piold
ing for tlncon.structlon nnd mainten
ance of side paths along the highways
In the townships of the lomtnonwealth
foi the ue of bicycles and pedesttlans;
providing for thu appointment of Hide
path commissioners, pre.seilblng their
dutlps and the duties of the as.essots
in the assessment of blcclos; ptovld
Incr for levying, collecting and dlslmiee
nient of a tax on bhycles."
This act ptoxldcs foi the nppnlnt
ment of thioe lesldent wheelmen as
side path eommissloneis, who shall ex
pend the bicycle tax In "constituting
and maintaining side paths along ihe
skies of highways In townnlilps, be
tween the roadw.i pioper and tlie land
abutting theieon."
It Is claimed by the plaintiff that the
art Is In tonllkt with Attlcle III. fee
tlon 10. of the constitution, which or
dains that "the general assembly shall
not delegate to any special commis
sion, pilvato eoipointlon, or associa
tion, any power to make, supeiclse or
Interfere with any municipal lmptove
luent, money, ptopeity or effect,
whether held in ti list or otherwise, or
to levy taxes or pertoim any municipal
function whatever."
It cannot be questioned that town
ships are municipal corporation. They
aie so lecngnlited In the constitution in
seveial places, notably In Aitiele IX.
Section S, and In Article XIV, Sec
tion 6.
We cannot cm ape the conclusion that
the "sde path conunlsslonets" ronMI
tute a "special commission." and that
the net of assembly gives them the
"power to make, supervise or Interfere
with municipal impiovcment" and to
pet form a 'municipal function."
The ,i( t is so plainly uncon.stitutional
that we ate surprised It passed the
legislative and the sciutlny of the law
department of the state government
Its enactment was undoubtedly due to
a laudable doho on the pait of the
leglshitme to seive the Inteiests of
the wheelmen nf the state and to j-e-cuio
good toads. In following the decision'-
of seeral other judges who
have declined the act unconstitutional,
we do not wMi to be undei stood as
deciding that tho purpose and subject
matter of the ml ate not within the
piiniew of the constitution. It Is law
ful to tax bicycles and it Is lawful to
use the mone ial.-ed by such taxation
In piovldlng side path and in the im
piovcment of the public roads of the
commonwealth, but Ihe work must be
done by such otllcero as aie iccognlzed
by our organic law, or, tit least. It can
not be delegated to anybodj In tlie lace
of a constitutional prohibition
In aieotdaiico with the teuns of the
case stated, we de. hie for the plaintiff
and dlicct that Judgment be entetec! In
fat or of the plaintiff and against the
defendant in tho sum of one dollar and
costs.
TWO NICE PLUMS.
Flattering Appointments for Repre-
sentatives John J. Scheuer and
Edward James.
P.epies. ntate John Siheuei, Ji ie
cehed a leliei yesteiday fioni Hon. V.
T. Maishall. speaker of the House of
Itepre.seiiMtlves annouiii lug his ap
polnlmtiit as one of tlie membets of
the IVniislvaniu commission to the
St, I.ouls ixpositlon In 190"J
The same mall brought another letter
fiom Speaker Maishall to ltepiesenta
the IMwaid .lames, jr., announcing
that "the gentleman lioni the Thlul"
had been appointed on the commis
sion to the South Carolina Interstate
West Indian exposition to bo held In
Chat lemon this lull.
This Is the third appointment of the
kind that has come to Scrauton this
year, .lames S. McAnulty having been
selected by Governor Stone as one of
the commissioner to the Pan-American
exposition.
Lackawanna Is now eiy much on
the Pennsylvania maps used In and
about tho capital hill, Hnnlsburg.
CRUSADE AGAINST TRAMPS.
Lackawanna Company Determined
Thoy Shall Not Ride, on Trains.
The Delaware, Lackawanna and
Wf stern ltallroad company has begun
a vigorous ciusade ngalnst the pro
fessional tramps who steal iIiIch on the
freight cats and neatly two dozen
prisoners are now serving short teims
In the county Jail for this offense.
The company has a fono of special
oflUdrs conr.lnually on Iduty In the
yards to catch the unlucky Individu
als who may seek to get on or off a
car within their sight. The sentence
for this class of pilsoneis when Magis
trate Howe is presiding In police cotut
Is $5 line or thirty day?, but when
MaRlstiatn Millar Is on the bench they
are gen the option of paying $10
or spending six months In Jail.
Tho popular Punch cigar Is still tha
leader of the 10c cigars.
SOME QUASHED,
OTHERS STAND
ATTACKS ON INDICTMENTS ARE
DISPOSED OF.
General Managar Silliman and "Way
land Must Stand Trial Irregular
ity in Indictments Savos Bolect
Councilman Finn and Sevtn Old
Forgs Councilman Mrs. Ames'
Second Indictment Is Sustained.
Demurrer Sustained in Ono Guern
sey Case, and Dismissed in tho Other
At the last term of argument court
attacks weic made on twelve different
Indictments with motions to quash or
d"murreis. Yesterday President Judge
Kdwards handed down opinions dis
posing of them.
In the case of the Commonwealth
against Frank Silliman, Jr., general
nitinjger of tho Scranton Hallway com
pany, who Is charged with bribing live
Old Forge councllmen, the demurrer
to the Indictment l.s dismissed and the
defendant will have to stand trial. A
motion to quash the Indictments
against tho eouiicllmen charged with
tecelvlng bribes Is sustained, and ns
the alleged offense took place mote
than two years ago, no new indict
ments can ho found.
The rule to quash the Indictment
ngalnst Oenetal Manager S. II. Wny
linid, of the Lackawanna Telephone
company, charged with obstructing
Justice, In refusing to answer ques
tions in tho couticllmanlc bribery cases,
Is dismissed, and the defendant must
go to trial.
Wade M. Finn, select councilman,
chaigetl with bribery, escapes trial by
the quashing of the Indictment against
him, because It was Irregularly pte-
8cntcd.
The indictments are quashed In the
cases against Councllmen Fred Talnr
nnd Thomas K. Mungati, of Old Forge,
charged with misdemeanor In oilier.
The rule to quash the Indictment in
the case against Mrs. Anne Ames, of
Forest City, Is discharged.
In the conspiracy case against .1. W.
(itiernsey and others, the demurrer to
the Indictment is sustained, and In the
case against the same parties, In
which they are charged with dissuad
ing witnesses, the dcmuiier Is over
ruled. SILLIMAN CASK.
In the Silliman case, tho chief con
teiitlou of the defense was that the
general statute covering the olfense of
brlbeiy did not Include borough coun
cllmen among those whom It was a
ciime to bribe, and that as there was
no specific act making the bribing of
boiough councllmen a crime, as thete
is in tlie case of city councllmen, any
one might, with perfect Impunity, of
fer or gle a bilbe to a hotnugh coun
cilman, up to March 30 last, when
the governor signed a bill specifically
making it an offense to bribe boiough
councllmen. The fact that the legls
latute p.w-r 1 such n law, was quoted
by the defendant's counsel ns corrob
oration of their contention that ptlnr
to this date, and ut the time Mr. Sll
Ilnian Is charged with gflng money
to fle Old Forge councilnreii. theie
was no law In Pennsylvania making
such an act a penal offense. On this
EJbject Judge Kdwards says:
Tlie second, fourth, sixth and eighth
counts of tho indictment are based
upon the first section of the Act of
Aviil W. 1S74. P. L. 115. The whole act
is a; follow.-.:
"Section 1. Ho It enacted, etc., That
anv person or persons who shall, di
rectly or Indirectly, by offer or prom
ise of money, ofllce, appointment, em
ployment, testimonial, or other thing
of value, or who shall, by threats or
Intimidation, ende.nor to Inllueiue any
member of the general assembly, .state,
county, election, municipal, or other
public olllcer, In the dlschaige, pei -foimance
or non-performance of anv
act. duty or obligation pei (.lining to
such ollke. shall be guilty of the of
fence of coitupt solicitation, and liable
to indictment for a mltdemeanor, nnd
on conviction thereof .hall be sen
tenced to pay a tine not exceeding one
thousand dollars, and to undergo Im
prisonment not exceedng two yeais, at
the discretion of tho eoutt,
IT IS A MlSDlIMHANOn.
"Section 2. That any occupation or
practice of solicitation of rrrembers of
either house of the general nssembly,
or of public ofllcers of the stale, or of
any municipal division thereof, to In
lluence their olllclal action, shall be
deemed a misdemeanor, and any per
son convicted tbeieof -shall be purr
kshed as piovlded by the preceding sec
tion. Provided, that any open address
upon or explanation of any measure
or question befoie either house of the
general as.sembly, or any committee or
member thcieof, or betoie any munici
pal council, or boaul, or committee
thereof, or before any public oiflcer,
shall not be held to be solicitation
within the meaning of this section."
We have given the act of assembly
at length because of the defdndnnt's
ninth giotind of denim ror, viz., that a
boiough councilman Is not a public
olllcer within the meaning of the lan
guage used In Section 1. This conten
tion Is clearly untenable. The language
designating the persons who may be
coriuptlv solicited Is compiehenshe.
All kinds of public oiriceis are Includ
ed. If theie Is any official outside of
"state, county, election and inunlilpal"
oillceis he Is Included In the term "or
other public olllcer." The act draws
within its gra.p all public ollleers. and
a boiough councilman is specillcally
within Its terms. nP is a municipal
olllcer The explanation In Section 1' to
the effect that an open nddiess before
n "municipal council, or bonid or com
mittee thereof" shall not be deemed
solicitation, shows conclusively the In
tention of the legli-latuto to Include
members of borough councils.
Theie are eight counts In the In
dictment, all told. The four not dealt
with above are founded upon Section
40 of act of March SI, 1SC0. This act
does not apply, the judge says, and
these four counts of tho Indictment mo
quashed. The opinion concludes with
"as wo hold that some of tho counts In
the Indictment are good In law, the
demuirer Is overruled."
UFFUSKD TO QFASH.
The story of the AVayland case Is
concisely told In the opening paia
giaph.s of Judge Fdwauls' opinion:
The defendant Is charged with the
offence of obstructing an alderman of
the city of Scranton in the discharge
of the duties of his ofllce. The obstiuc
tltin consists In tho icfusal of the de
fendant to answer seveial questions
put to htm as a witness in certain
cases pending befoie the alderman, In
which a number of the coum llnien of
the city ol Scranton weic defendants,
rhaiged with the ofience of bribery,
Tho defendant Wnjlaud claimed his
common law privilege to refuto to an
pwer the questions hecauso the an
sworn might iiuilinlnati him.
This lesulted in a cliaige of con
tempt against the witnets. He waived
a healing and the case mine Into cotut.
A true bill was letuined March IS, loi,
and was, followed by a motion to quash.
, fa
for
Babies
ft
ffSS
lr. Hnnd'R Condemned Milk con
tnlnii phoaplintrn of lime nnd od,
for teeth nnd hone; liypophot
phfttcfl or potmjluni, for nerves nnd
brain ; hypophophltr of mnnga
ncnc, to enrich tho hloorl Inere-nao
the rtd corpunclcK. Tliene food
element nceefsnry to linllillriK n
perfect body nrn blended with the
puro, rich milk ueil lu
DR. HAND'S
PH0SPHATED
CONDENSED
KilLK
Jtlft ne theiv eltt In whent, nnd
linto thn mtne flavor thev glvo
..!... TI,nRh,nl.. .... l- r
11 ftin-iii. i in -j uirittu tiiu limit t ry
M rich, lint more pnlntablo thnn
fa "freli ' milk. It never RCtnuour,
fa nnd you won't need Ice to keep It.
llooltleton Infant food free.
THE DR. HAND CONDENSED MILK CO.
Scranton, Pa.
I
STmaggTaBafl
The bill was quashed by agreement
and without argument. On May 9, 1001,
leave was granted by court to the ells
tilct attorney to present an indictment
to the grand Juiy, founded upon the
transcript in the case, without further
ptellmlnary hearing. A true bill was
loturned May 1, 1001, and It Is the rule
to quash this Indictment that Is now
befoie us for consideration Seventeen
reasons are presented to convince us
that tlie Indictment should be quached.
Some of the reasons ialse Important
questions, others are not so Import
ant. Appended Is given the questions the
judge considered of sulllclent Import
am e to w an ant discussion, together
with excel pts lrom tho discussion:
Flist Tho indictment Is not based
upon any Information, prellmlnaiy
heating or binding ovei.
This Is not Mildly In accordance
with the fait. It Is only true In a
technical sense. Pending a
motion to quaMi an Indictment, or sub
sequent to Its being quashed, It has
been the practice, in our court and in
oilier tonus, to send a new Indictment
to the grand jury, with leave of court,
without a seeond information or bind
ing over.
Set ond The Indictment Is not found
ed upon the Hansel Ipt of the alder
man. Thin Is alleged because the indict
ment sets forth the questions which
the defendant refused to answer with
out the reasons given for not answer
ing, while the tranM'iipt sets forth the
questions and the icasons In full. This
objection cannot be sustained. In our
view of the case, the reason given
wero Immateilal The defendant, ah a
witness, is piotcctcd by tho constitu
tion. Ills counsel claim otheiwlse.
Kven If the contention of counsel Is
conect, the leasons given for not an
swering the questions should not be
Included in the Indictment. The tact
rom.iins that he tefused to answer the
questions, and this is the essence of
the olteme. We. do not see how It is
possible to raise the constitutional
question on a motion to quash. It can
be raised at the trial onh. oi in tome
subsequent pi acceding. If the Indict
ment charges in substance the offence
set foi Hi In tho Information. Ii Is suf
llilent, and it is not open to the ob
jection made lu this case.
WAS NOT CONTKMPT.
Thl id The ait of the defendant In
refusing to answer the questions be
feuo an alderman was not a "con
tempt" within the legal meaning of
the word.
It Is contended thnt the defendant
was not contumacious, and was not
contemptuous, either In manner or
language. He simply nsse'tted what he
and conns. 1 consldeied a constitu
tional light anil this was done In an
orderly and ut-pectful way. Does siren
a refusal to answer a matcilal ques
tion before air alderman or justice of
the peace amount to contempt?
We uio of the opinion that tho mete
refusal to answer a mtenl,il question
before an aleleiiuan amounts to a con
tempt. If we- do not thus hold, what
would be the result? All a witness
would have to do would be to lefuse
to answer in a respectful manner, giv
ing as a reason, maybe, a constitu
tional privilege or the imnintotiallty of
the question, and thus .succeed In ab
solutely at resting fuither pi oset utlnn
In the pending liuiuliy. Such an ob
struction to tli- ndtnlnlstiatlon of jus
tice could not be tolerated for n mo
ment. Fourth The refusal to answer was
not In "a" ew pending before the al
derman. The Indie tinent states that the alder
man wnis "engaged in and about the
heating of divers causes, wherein the
commonwealth was In each case the
plaintiff," and certain councllmen
naming them, were defendants, "each
charged with the ctlme of lulbery nnd
coitupt solicitation" It appeal that
the cases, as a matter of convenience,
weie being heaid together The de
fenelant, in the case at bar, whti was a
witiusn in the bribery cases, cannot
complain of tbl airangement. He was
swoin to "tell the ti nth, tlie whole
truth, and nothing but the tiutb ie
spocting said several charges nf hrlh
er." The objection Is not well tnken.
Tlie other leasons assigned relate to
the constitutional question alte.idy re
ferred te. We have alieady stateel that
HiIh question cannot be raised on n
motion to quash; but If It could be
iated, wo would follow the lullng of
this eoutt and nf the Superior court
In the eae of the I'ommonwealth vs.
John (Millions, nnd hold that the de
fendant In answeilng the questions, nl
thougih his answers might Incriminate
him, Is fully pioteeted by the constitu
tion of the state.
Now, August 13. ir01, the rule to
quash the Indictment Is discharged.
In the six cases lu which recent
grand Juries found biibery Indictments
without any previous binding over, the
Indictments were all quashed.
The defendant In one case was Select
'ouncllman Wale M. Finn, who was
accused of biib' ry in connection with
ihe telephone deil Hvlilenco adduced
in other cases tciuletl to Implicate him
and the grand Jury repented an In
dictment against him.
NO 1NFOIJMATION MADK.
A motion to quash tho Indictment
was supported by the nflicinls of tho
Munlilpal league. The ground for the
motion was that no Information was
m.nle against tho defendant; no pr.
vntu prosecutor appeared ngalnst him;
that tho IndletniMt wa& 'mind with-
ICVtithiucd ua I'j.'c u.J
POWER IS NOT
IN COUNCILS
HAD NO RIGHT TO PASS WATER
RATE ORDINANCE.
Decision of President Judgo H. M.
Edwards in the Caso of Conrad
Schroedor Against tho Scranton
Gas and Water Company Brought
to Test tho Validity of tho Water
Rate Ordinance Passed by tho
Councils of This City Some Months
Ago Text of the Opinion.
In an exhaustive opinion handed
down yesterday President Judge H.
M. Kdwards decides that councils of
cities of Pennsylvania have no right
to ilx the rates a water company
shnll charge, the legislature! having
committed to tho couits of common
pleas of tho various counties the power
to icgulate tho tales if too high when
ever any consumer shnll properly pre
sent the matter to the court.
Tho opinion was handed down in
the case of Conrad Schroedor against
the Scranton Otis & Water company,
hi ought to test the legality of tho or
dliinnco passed a few months ago by
councils, fixing the iatcn to be charged
for water In this city. Judge Kdwards
deckles that the councils had no
authority to pass such an ordinance.
The opinion which Is of gieat Impor
tance to the people of the city follows:
Jl'DOi: KDWAItDS OPINION.
The ficti allcRrd in the plaintiff hill are ad
milted tiy the tlcimirur. The clearest atatcment
n( tlicw facia Ii to be funnel In to letters, nne
iriim the tpljintltT to the difrntlint, and the ether
hum the elefrndanl tn the plaintiff, detlgnated
in plaintiff' hill nt Kvhlbits (.' and V. The let
ters arc a folluua:
"Seranton, Pa., May "S, 1001.
'"W. W. Seranton, President,
"Seranton (las and Water Conipjnj,
Snanlon, P,
"Dear PIi : I 1iae recened from your com
pain a hill tor water for my properties for the
qiurlcr fiom April 1, 10ol, tn July 1, 1101, tl9.00,
lieini? at the total early rate of 1''.Mj0. In this
hill yon charge for eleven families at $8 each;
eleven hatlitnj: tubs at $J each; flee lio connec
tion at ' each; eighteen veater clo-ctn at $.(
raeh, and three liorie at ft cich, t lies to call
jour attention to the ordinance of council, ap
proved hi the major .laniur.v 11, loot, which
tlveil the price for hath tiihn at $1 oO eaeh, water
cloeU at Sl.Jj each, hose connectlom at $1
e.ieh and hori.c at fl.SO each. According to the
rates fixed hy the ordinance jour hill should he
"fJl.l'J'.j. Please send me a corrected Mil, and I
win ai once remit tlie amount mcordlna; to Ihe
eirdinanec.
"Very truly j-oun,
"Conrad heliroeder."
"Siranton, Pa, Maj :$, 1901.
"Mr Conrad Sthioedcr.
"Scranton, Pa.
"Deir Sir: ours of tins date is at hand.
Citj couneilc haee no authority whatever to fW
veater rates for thin eompanj. WV are adeiscd
by iouii-el that the nrcliruuic to which Jou
irfer is of no cfleel whateeci. I ndcr the cir-uuii-tanccs
(lie time for the pajment of jour
veater rates for the quarter endimr July I, llol,
s.00, is extended to June 10, l'JOl, hut unless
pild hy tint time the ncrvire of water to jour
puipertlei will he discontinued
outs tiulj,
"W. Vt. Seranton, President."
The only question in this e-ase Is the authority
cf the councils of the e itj of Siranton to Ox I.
ordinitiee the rates to be charced hj the defend
ant company for veater furnished by it tn ita
eustonicis within the limits nf the city. Plain
till' counsel, at the aigiimenl, doubted the
right of tlie Suanton flas and Water company
under its coipoiate poeecrs to chaige any rales
for water. We need not conider this matter
now, because the bill Itself, In ihe first para
gupli, avers th.it the company Is "autlmiUed,
primittid and ieiiiired to furnish pure cas and
watei to the public in tlie city of Stianton,
and is so rneaEcd in tiippljlng fras and water,
pirticularly water" It il-(i aveis that the de.
frndant has aeeepted the proeisions of the e.ir
poiatloii aet of Vprll i'l. ls;i, and Its avipplo
menu, lu this riiniiectmii, we may state tint
the plaintiff is not asking m, to deleimin" Ihe
iciMiiuMoiHM ot the- watir eh.ir'is, and to dc
eiiase tin m, If imjii-t oi Inequitable, as he would
hjve a right to undei the 7th clutiic of the 31th
section of the act of 174.
l.l.tlAb AM'I.IT OF ((,
In diM-iivim; the tegil a-peet ol the question
beluic us, counsel tor the plaintiff confined his
amuiiiciit to the power of thy legislature to reg
ulate veater rates charcid b.v corporation bar
tend lij the Mate, and whatever authorities are
submitted hj him are to this eftcit es a funda
mental basis of any argument upon this ques
tion it. should bo eoncrded that pneate piopcrty
is subject to public regulation when it is de
voted to a publiei ue 'Ibis in mbstance m tin
eloe trine laid ilnwn In Munn vs. Illinois, !), ij, s.
1U. l.ven Justlie ITclel, who dissented In that
e.i.-e, i-aes In another ease: "liure have been
differences of oplnluu among tlie justices ot tills
court in nome cases as tu tho clrcumstaiiees or
conditions under which some kinds of piopcrty
oi business ma lie pioperly held to be thus af
fected, as in Munn ve. Illinois, but none- as to
the doetiine that when such use evists tlie busi
ness bceumes subject tu legislative eontiot In all
r.spuu neeessaij- to protut Ihe public against
danger, injustice and expression."
hold 1'llcnhoiniigh tajs lint "the good sense
and liw if the subject is expressed by I.oid Hale
to the cde'et that where private propeitj is af
ficleil with a public interest it iej,e to be juiis
prieul oiilj, and he sjj that the- puncipli- at
taches if time exists in the jilaec and for tlie
iinninodile in question a viitual monopolj."
Without eitlug other authorities along this line
we can afcly state that tlie- legislature ban the
pornr to legulatc by reasonable legislation the
business of a water company chartered by the
state, icstr.iined only hj constitutional limita.
tiun, unli as the prohibition against impair
ing the obligations of cnntiaels or taking prop
city without due jirucfN, of law.
N'eaily all the states haee provided regula
tions, of one kind or another, as to water com
panies, limiting their right to charge eeeslo
or exoihitant rates The question of waler and
watu rates was e onsiile red nf such paramount
importance in California that the constitutional
i one ration of 179 Incorporated In the organic
lvw ol ihe stale an elaborate provision on the
subject, oilier sl-iles, as far as we haee looked
into the matter, have been satisfied with legUla
the enutmrnts Not only has the husineH of
water e ompanle been the subject ol stale regula
tion, but either kinds of business have been
likewise regulated, such as elevators and ware
hoii.es, railroads, sticct ralheajs, canals, ferries,
toll roads, bridges, wharves, telegraphs, tele
phones, gas, bread, mills and inamnl labor So
theie Is nothing strango in the proposition tint
the legislature, within constitutional restrictions,
maj regulate the business and lates of a water
eompanj.
As we are not now partlcularlv concerned, ex
cept lis- waj of analogy, as to what has been done
in other slates, we shall consider the enactment!
cf our own legislature in thnr bearing upon
water conipaniea and their right to ehaige exces
sive rates. It Is claimed hj plaintlfi'a counsel
that the defendant compu.j has a monopoly of
the water business in the eltj of Snaiiton. We
do not doubt this as.srtlon Tlie eommoditv
dealt in Is of sueh n cliataiter that tlie huvlnes's
ot galheiing II togethi, its stoiage and distil
button, natiiullv icsults In a inunopolj. Hut
that the consumer is at (he men of tlie emu
pun in lli matter of i.ites, a, veas assencd
at the aiguinriit, Is not true 'Ihe legislature
has piovlded the mrans hj which the comuincr
can piotect himself by an appeal to tlie eourt.
'Ihe legislature Ins rxpiriili tonimittrd to the
court ol common pleas, not to the city rnuncils,
the power to dende whether oi not Ihe rate
charged to a inti.uinrr for water Is unjust or
Inrqtilfihle Tlnn Is the plan adopter! by Ihe
Pcnnsjlvanli Irgblatuie to lrgulate the ratm de
manded lev a walei eompanj of lu customers,
( sf I'l'TV t'I'lIN' tot u r.
It could have authoilzed the enuiiiila to do
this, hut il has not seen fit to do tu. It hat
e 1st the dutj upon the cnuit. Althou-h
the kglslatuie lias committed this mailer to the
court of common pleas, jet tlie court Itself has
no power to make a general schedule of iatr,
II can enlv act "upon (lie bill or petition of any
cltkcn using tho water," In lirjiuci w. Uutlei,
twuwwwuwwwwywft
Why We Can
Quantity gets price. Cash gets discounts. V,'o get both, nnd
give you the benetlt of superior quality nt lowest prices. We can't
give you something for nothing', no one can nnd live. But we will
give you n hotter Dinner or Toilet Set for less J $ $ than you can
get It elsewhere In the city. Look nt our 100 piece Open Stock Din
ner Sets, or our $1.50 Toilet Sets, then compare with others nt same
prices. We leave It for ou to Judge where you will suvo the tlt
Geo. V. Millar &
mmwmmmmwwwmmm
Mid-Season Sale
OF HAnriOCKS,
PORCH SHADES,
CROQUET AND
LAWN TENNIS SETS
Our stock of these goods is entirely new, having been
purchased (or this season's trade. Prices the lowest.
Don't forget that this store is the Head
quarters for ATHLETIC GOODS and
OUT-OF-DOOR QAMES of every description.
J. D. WILLIAMS & BRO.
312-314 Lackawanna Avenue.
fM
WHERE TO GET DENTAL WORK DONE
The Albany DENTAL Asssociation,
Under the management of Dr. G. E. Hill & Son, is the place
to get your Dental work done. Dr. Hill & Son have built
up a large business since they opened here twenty years
ago, and the reason why they have done this is because
they do the best work at prices within the reach of all
classes, and give each patient their special attention. Call
at their rooms and be convinced of what we say here.
First Nations. Bank Building.
K9 Pa 231, the court below prepared a schedule
of rates for all clasc.s of coiwimeis. whlih it
directed the company to follow. 'Ihe Supreme
court held: (11, that the eoutt had no power
tn pirpaie a schedule of rates and enforce its
ob.ereine-e be the company, (21, that it was the
eliily of the company in tlie fhi-t place to pie
pare a schedule of rates, and if a customer veas
aRiirieved thereby he could petition tlie couit
and have the rites decreased if Improper"
If the couit, haiinc authoiity over the sub
ject matter, cannot nuke a Kcneial schedule of
ntes, how- eaii the eiuiiclls of a eil), who have
no author!!, make one by ordinance or in any
other waj 1
Tlie riuestions to he considered be the eourt in
determlninc Hie rei-oiulileness of water rites
eseie staled bv us at lenirtli in tlie else of toe
cite nf VNilkcs Parte vs. SpriiiK fliook Watci to.,
4 I.iek. !,. Xews, .IfiT
We have so far considered tlie method provided
bv the IcRisliture pi protect the consumer against
the e-Misslee eharee of a es-ater eonipanv; but
the led-dature has cone faitlier, and has pro
vided a way by which, under eertaln ronditims,
a it v ein aorpiiro it own w itei works. A '-ity
could not do this without express Irulsl.itlee au
thority It his no implied power, fiom tlie inre
fact of its creation, to cintatre In the bn.in ss
of ippleiuc Its citiens with water for pie
White vs. I its- of Vlendeillo, Miprv. it Is tint
lueesMr.e to elte Hie various IrsMatiso mm
lurnts confeirlue authority upon municipalities
In nipple water to their iltlens. It is en null
foi us In stite tliat Ahilever power a cite has
in tlie matter is kIscii b,v cvpiess grant and iut
othc rwip
The otilj rem illilnc epiistiou Ineoiir.s the liner
pietation of tin "ceii'ial wclfaie" clause in the
ait of isvi, relitliu' to eiliis of Hie third eliss,
tseruiton boihE in tint civs at the time tin
ordininee leferrod to in this case was pi.id
Ihe clause is as follows-
l'o niako all such ordinnucs, liv-laws, mles
and nidation, not inconsistent with tin on
stitutfoii ind av.s of tills commonwealth, as
m ly be evpodient or neicssire, in addition to
the speehl powers In this recllon granted, for
tin- proper m itiieremc nt, cent ind control of tlie
cite and ils Unimex, and the milnti'tniue of (he
pi ice, cooil government and welfare of the cite,
ami Us triile, commerce vnd nuini'.ii tinif, ind
tl ime tn alter, modifj nnd repeal let pleasure;
and to enforce -ill oulininces bv inflietincj pe'i
allies upon uihibtt.ints or other petsou for th
violation tlieieof. not eMeeilmir one himdrAd
dollars for oris one ofiitH". rei oeerahle evitb c ots,
together with iudsment or Imprisonment not ex
eerdlnit tldit.e dies, if the amount of said judg
ment and costs shall not be pain."
The strietle municlpil function mentioned In
the aboeo cluiso are, (1) the pioper management,
cue and eontrol of the clti and its flnnncM,
(i), the niiinletniice of tin pene, pood k'oe
eminent and ee-elfnc of the elty; t.1), (he main
ten nice nf its trade, eomniiiii' and mitiulaeinri'-i.
Onliiianirs may be passed regulating such milters
"in addition to ilia spiciel powers In this -u
tlon sranted " Hut clause (.1 iovei all the
"special pown" the leglsliture Intended to eon
fei upon th" cite lu eoniiicljon will) enter coin
p.mhs oi seippleing veater In Ihe p ibllc so far as
these powers ore enumerated lu article V of tie
act of I'v), ilefinlno; the corporate powers of tha
cite.
fil.M.llU, isMr'siU' (I.M'-K.
VVe do not see how- it la possible by anv method
of rcaonlng or nil? of construe tlon, tn Justify
the oidiinnee pts.eel by the iseiimon mum lit
In an appeal to Ihe aiitlioril; contiined In the
general wclfjie eliuse 'Hie contention that such
authoiity links therein I unfounded and clearly
fallacious. "I'lin powers cf J corpontlon must
be given by ptilu words or b.v necessary Impli
cation. Ml powers not given in this direct an I
itnmUtakahto manner ne withheld . corpon
tlon tan take nothing be const rue tlon." Com.
vs. lle e X K It. It Co , 2 Pa St'i
It Is a geneial and undisputed pioposltlon of
laa that a municipal eoiporation povscsscis and
fan exercise the following powu. and no others:
llrst, tlioe granted in evpicsa words; second,
these necesirlly or fairl) Implied In or Inci
dent to the pnwein expiesilv granted; thlul,
those es.cntlal to the declired objects and pir
poses "f the eorporation--not simply eonvennn',
but iiiilispen.ibli'. eny fair, riaonahln doubt
concerning the existence of power Is resolved bv
the court against ihe corporation, and the poiecr
Is denied Of ceerv municipal corporation the
charier or statute by erhich it la neated is its
organic act. S'elthci the torporatton nor Its nf
fleers can do any act, or nuke any contract, ir
incur any liability, not authorised thereb.v, or by
some legislative act applicable thereto Ml acta
betotid tho scope of the powers granted are
Save You $$$
Co. WXtAS2?
Free
Tuition
By a recent art of the legisla
ture, free tuition Is now granted
at the
Literary Institute
and
State Normal School
Bloomsburg, Pa.
tn all thoso prrpnrlnf: to teach.
Thin school maintains routes
of i-tiitly for trat'lirifi, for thoo
pipparlns; for college, and for
those btudylnfr nuihlc.
It will tiv tn write for particulars.
No other schoc 1 offers sutli superior ad
v Ullages at such low rales. Address
J.P.Welsh, A. M., Ph.D.,PrlD.
SUMMER RESORTS.
HOTEL CLIFTON,
LAKE WINOLA. PA.
Finest t-umnier II tel in Northeastern Pennsyl.
vanla. Hotel hacks ir.eet Udawiie, Lacklwanni
and Western tr.ilis at r'adorvville Leaving
Scrantcn 0 a. tn. and 4 p. in W'rlto for ratea,
cl.' it. W. Moore, Trop.
void," Pillion on Municipal I.ivv, See. Jfi, 4th
Kd.
It is useless to vld citation on this pout.
Hie iucsllou Is too pliin for irpmicnt.
1'iiiifore, as we an elein.e of the epl l in
that the ordinance set forth 'n the plalntlfl'is bill
is invilicl, and that tho plnlniiff'n case ruts
w-holle upon this ordinitue, the demurrer should
be sustilned. Tho demurrer Is fcustatned, rn'
the plaintiU'H bill is dismissed.
LETTERS JTnOM THB PEOPLE,
A Kow Variety of Applo.
IMnor Scranton Tribune
sn: I wisli to tell jour readers something;
about the neev uppie. It keep, a jear in an
ordluire cellar. Its sei.on for use is fiom Mareli
to September. Its color is golden red of medium
sire Its flavor Hist cla.s it needs nnstold
storage to keep it. Jul mine Is "Mi.slug Link,'
from the fact that It tills the gap between tho
winter and summer apple. It Is at lu best dur.
lug Mae, June and lulj. I found it in Illinois.
The disseminators of it sent hid two apples lc
rebnury. I waj so well pleased with them ttfat
I ordeicd V of the tiees which aie now gioevirg
finely. In this box line thirteen of tho "Misting
Link" apples. Wo unplnl some of (hem "tst
dlllerrnt times up to Aug i, and found, thi
II hoi splendid. U this writing I havo secn
of the apples that are In tine condition, aftr
being liindled and shown In a greit many peo
ple Onfo one ol the lot lotted and that hid
a weim hole from the outside io tho core and it
totted In Jule., but icmutied plump; ijr not.
get soil. Tho general cvpirvimi Is ''Injeer
saev anstlmisT like It." "I can lnrdlv (iefieve"my
own e.ves" I nut eleilers, too, whom I riywe
shown Ihe apples within the last ttw writs,
si "ril.1- t hoses apiles, luing them to market
at this season of the yeai and they will bring
liom tour to llp dollars pei bmhei-'lonz ke-epiuf;
wintet apples are tlio money inikers for tha
fainift." -I) M, Stone.
Mull, Wyoming count, Pa , Aust. IJ, 1W1,
Pum cream, pure milk, pure fugar,
pure llavorlnfj make pur Ice cieam.
That's Hanloy's. U'O Spruco street.