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THE SCRANTON TRIBUNE- TUESDAY, AUGUST 13, 1901.
'4 y-
",1-jaui'i.iu' '.'?r
0e Scranton Crifitme
Published Daily, Except Sunday, by Th ; Trlb.
um rubldhlnc Comrany, t Filly tenH Month.
MVY S niCltAIlD, Editor.
O. Y. lUMILK, UiiIiicm Manner.
New Voik Ollke: 1J0 Njmiu St.
BoU Agent (or lotelFtn Ad-ertlinC!
.r-rjr- . -
Enteicd at the PostoflUp t Pcranton, l' ,
heiund Cli.i Mill Matter.
When (pace nill permit, Tho Tribune i !'
Clad to rrlrt uliort letter from Its friends
ing rn runcnl tople. t.t.t Its rule l that tn"
mut be tlsnftl. lor publication, bj thi" w1,1,c'
real namei and tl.e coiidlllnn precedent 1 f
eeptance I, that all contribution, ilull be lusjeci
o editorial retlalon
THE FLAT n.UK FOR Al'VKRTlSIVO.
The. following1 table hoa the price per Int-h
etrh Iniertlon, rpace to be used within me year:
I Itun of IMdlneun Full
nivpt.V. pJp.r Reading Portion
few than 800 Inehea .21 " .S7S "
" irtrhee. to .11 .2
1210 ia ,i;j .11
J " ns .i: '
tMO ' 1. M '
For 'card rf tlnnl. resolution of eordMenee
and fmllr fonlrlbutlon In Hie mture ol d-
ver,ing the lilbure uics a cbatRt ut & rents
lire
rtatr fer rinnd Adertllni lurnljhed on
arpllcatlrn
M,n.NTO. AI'Ol'ST 13, 19'll.
It nou looks as if th 1-aniMimcnt of
a very I. use held of fiMpeRoals would
rrarcly ?ae T.inini.inj fiom the torn
Ins rlny of retilliutlon.
A Tribute o( Respect.
DKATH li a Rieat leveler. not
only of the loft, the noble,
to the plane of the ob.(Uie
and lowly but alfo of bar
rlT nivle hy ipiigimi f.ilth. itiptom,
pnlitlnl hnt and mental nttlttide.
it Is ffldom th.it the fone of this
truth If icalized as It was .eiteiday,
when th filemn, majtlc ilte. of the
rtead wie onndurted in St Peter's
cathedral oer the lemilnn of Senator
Jam l'toe Vauchan.
People of all ila?cs tiowde-1 In to
thow iespt to one of the Mist cltl
rens of this teginn. whor untimely
end made silef evident on eety
countenance. Men ranklnp hlch amont;
the mojt dlstlnpulshed of the state
touched fhouldets with humble towns
folk who, pei-hips, lemembered the
dead for tome deed of klndne?s, some
fimplf. small couitesy of lone aco
days. Silent nno was ilepii fd on
fares familiar In the nlchest elides of
tultuie and of legal and sotlal life, as
well as on those whoe narrow environ
ment had Rlcn their possessor the
power to spell but little beond the re
Kret felt for a common los-f-
To all the emotlono of the hour. In
tonlfled bv the lmpteslo ceremonial1!
of the Rreat church, appealed stronsly
The Incense velllnB the altar, and
which to nuny breathed of the sweet,
s-acred rites and tradition of their le
llKlnn, to the senses of otheis seemed
to waft upward the piaers and the
sorrowful memories of mourning
hearts, et in the consciousness of all
present was the feellnpr that to hae
lived and died as hail the man beneath
the black pall In the Ions aisle was to
have made the woild pooler for leav -ins
It.
It takes but a few years of life to
le,Te a record of nobility, of chaiacter
and pin pose, and sin h a tecoid :
left to the community by James C.
Vauphan.
It Is barely possible that the Wilkes
Tiarre Record may be a trine mixed as
to the identity of the Qmyltrs and
antl-Quayites of Susquehanna county.
Compulsory Arbitration.
PRKMIUK tWlrion the .uithor
of Hip Xrw Zetland compul
sojy nrhltratlon plan as a
means of settlement in labor
lisputes has been foned to at know
ledRp that his si heme is, a fallnie. Mr.
peddon has declaied that the aibltra
tien boifls hae provoked instead of
hansr pi evented stilfe and have
caused the umklncmi'ii to rio moie
discontented and contentious, ami he
lias decl.ued the abandonment of the
rln to be impciPiivei.x neiess.nj in
the intcie.'t of Industiial pe.ue. The
doctiinaiifs- vlm have sought to kiii
fuce the irltlcs of "compulsoij" aibl
tration by pointing to the lullllant
fucrevs of the New cnland plan will
have to look elrewhcie foi a shlnlnw
example. It Is impossible by the em
pln.vmtriu of siiphlstibs t I'liueal the
pl-iln tiuth that to lompel a man to
work foi an emplojei npalnst his will
If, to londemn him to a fonn of slaveij
and that to foist on an employer laboi-e-rs
whom he doa not want is tyianny,
compulsory aibltratlon requlies the te
rort to one or both of these intoleiahle
evils.
The rural party leader whose plc
tuie does not appear In the hvlf-tone
department of the Philadelphia news
rapets befote the Democratic sttte
c .nvi'ntlon ras adjourned will be
forced to acknowledge that his political
careeds-tt.fallute.
Patslnjj of the County Fair.
A
.f-ORKnSPONnENT of the
Pittsburg Despitch calls
- attention to the Increasing
5" ' popularity of the stieet fair
svlth its fakes and humbugs, and the
lark of Interest In the once agrlcul
tural exhibition. There seems to be a
Urge jelemtnt of truth In the predic
tion that the agricultural fair Is going
sut of vogue. Tho farm papeis have
been poling tho fact and fair man
lgers have been entering complaints
that the patronage of their shows Is
not ujjyit It should be, t
Conditions like these ate not without
reasoru' The tiouble with the agilcul
tural fair Is that It Is a topetltlon of
the same old thing fiom year to ear.
There ,aio no new amusement featuies
to keap It In the categoiy of up-to-date
hJ-ows nnd thete Is no apparent
effort In make the thing an exclusively
agrlcuttutnl exhibition, Rnlhoads nnd
trolley lines enable the fanner and
his family to attend expositions In the
titles far superior to the ordinary
county fairs. The natural result Is a
loss of Interest In the endless repetition
of the home a,ffalr -
The need of the time. Is to have agri
cultural expositions. If, one county
cannot, support a good show three or
four combined tnlKht. Forcibly noth
ing less than a mule fair 111 ito. At
any rate, the itRrlctiltural fair In
doomed unlet It chntiKes Its character
and profontu nttimtlons wot Hi the
pike of mlml.'Moil.
rinjlrif; b.tfo Inll by clcctilc IlKht li
the fnd In the vicinity of Philadelphia
and it Is now In order for Scranton to
use come tnwh Inducement to tevlvlfy
the Interest which used to exist In this
vicinity.
Trees by the Roadside,
of the pinlsewotthy acts
f the Pennsvlvnnla leRlsla-
V ' tin
lirc at the lerent se,son,
sas the rittsbutK fomnnr-
clnl Gazette, was the pass.iKC of n
hill, later made a law by the Rovemor's
nppioval, encouuiBlnK the plantlnp of
trees by the toadslde In the rural dis
tricts. Tha liw pi tvlds that Ciy pei
son who shall natifplant in fruit,
shadn or forest tree of rultnble sire
aloiiK the hlRhway on his piemlsos
shall be allowed one dallnr in abate
inent of lis road tae for evet.v two
tiees. The same allow am e shall bo
made tor ttees transplanted In place
of those who may have died, and nso
for those that may be kiowIhr by the
toidslde through cultivated hnds. The
abatement In no tase. houevei, l to
be more than one-foutth of a pei son's
annual toad tax.
The law further pi ov Ides thru any
peison who shall cut doun, kill or
Injuie any llvlnp tree planted or Rrow
inc naturally, or who neclects or are
lessly suffeis any animal to be driven
so an to injure aiv sin h tiee sbnll be
subject to a line of not less than one
dollar nor moie than live dollats for
evety tree injuied, such Hues to go to
the road fund of the township In which
the offense wns committed.
There has been much talk In recent
Mats on this subject of nee planting
but thU law Is the ilist step in the
direction of substantial encouinge
ment. While the Inducement is not
large, It will doubtless be found f af
fluent to answer the purpose for
vvhlth the law was flamed. Thete ate
seasons when the faimeis have some
lelsuie, and it It reasonable to pre
sume that they will Improve suih op
portunities by setting out trees, theie
by seeming t eduction of taxes. The
piospect of grateful hade along the
hlghwavs now shadele.ss and dusty is
pleasing to all who have oicaMon to
plod nlong the count! roads, and al
though several vears must pass befote
the tiets teach maturity, there will
soon be cause for giatiflcatlon that the
Pennsylvania leglslatots onfened this
boon upon traveleis In the ruial dls
tilctr The torpedo boat on experimental
trips seems able to keep up the list of
fatalities.
No Living Heroes.
T
Hi: United States Is In
Imminent clanger of not
hiving a heio with which
to bless Itself that Is a live
heio. The same pioverb which Is al
leged to apply to Indians might be re
vised thus,: "The only teal heio In a
dead heio."
A shoit time ago we had Ilobson.
It was a case of:
"A kiss too long
And ah how swiftly tho world goes
wiong "
Only In this Instance It was a kls
too many, and our hero was diagged
down fiom his pedestal and all lie.
cause some silly yellow Journal ex
aggeiated the silly antUs ot some
fool women. Then theie was Dewey.
We thought wo had caught the u.il
thing after Manila Ray, but It wns
Just another cne of the otctnal femi
nine One ambitious woman .spoiled
the halo for about the best pieserved
specimen of a heio wc had in our
museum of living cuilosltles. u vvas
no fault of Dewey's, any moie than
Ilobson was to 1)0 blamed for being
the victim of tnlsplaied kisses, imt
with a spirit vvotthy of the Ptench
commune on one of Its best winking
days we hastened to Jostle our great
naval heio olf his pedestal.
Sampson had the qualities which
go to make a good recipe for a heio
He was lent ned In his piofesslon, n
gentleman of high In ceding and lofty
Ideals, dignified, faithful and earnest
In his conceptions of duty, but our peo.
pie were eager to add to the w tang
ling of a few- adverllslng agents and
diagRed his good intentions tluough
the mire and foi ever sm Itched the
purity of a proud rocoul In tho eyes of
c. portion of the world.
There vvas Schley, Impulsive, brave,
merry of heatt. and conscientious In
aim, but the Ameilcan people "picked"
on by the same ellow JoumillHiu,
have finally succeeded In Stirling up
a real enough row to suit even the
most enthusiastic base ball fan.
And now comes nlong Admlial Rob
ley Evans, our Fighting Rob, whom
we have loved and honored. He has
fulfilled somebody's aident desite
voiced In the words of the Psalmist:
'Oh that my enemy would wilto a
book," and see where it has landed
him!
It Is the best managed pi ess notice
for the admiral's book, "A Sailor's
Uig," that could have been devised
by the moat enterprising publsher, but
It Is a question whether "Fighting
Rob" vvll enjoy as much satisfaction
fiom seeing his vvoik go into the hun
dred thousandth edition as ho would
if the tepilmand Just Issued fiom the
innvy depattment had been omitted
from tho natlnnul records.
Shatter, Mlfes, nnd ev'on General
Wood have come In for hatsh criti
cism and it Is growing to be a seilnus
question vvhnt we shall do for ieal
live heioes to call on when wo have
some big national celebration on hand
or want to mnko a state fair pattlcu-
larly sure essf ul. It looks now as If
we should have to fall back on mete
statesmen and politicians,
As an exchnnge Intimates, ptobably
one of the worst features of the io
cent exposures that have demonstrated
that the New York city gambling ie
sorts have lonur been In league with the
heads of the police department, Is the
demoralizing effect that the discover
ieet made by the PaikhutM society will
h.ve upon the force at large. The
average policeman In the city of New
York, it Is believed, Is an honest man.
endeavoring to perform his duties
faithfully as n guardian of the pence.
It Is easy to see what the effect will
be If the rank nnd lllu of the police
organization of (Stealer New York Is
obliged to shtito the apptobrlum that Is
heaped upon the heads of dishonest
leadeti. It is probable that It will take
cai to regain the loss of piestlge
that will tesiilt fiom the throwing of
the spiiiehllght upon the dlfgraeeful
transactions of the head officials of
the New Yoik police department.
Now that the United States Steel
corporation has decided to take nwny
the Industries of McKeesport on ac
count of the hostility of Its mayor, It
tuniH out that the chief magistrate
did not voice the teal sentiments of
the people after all In his peculiar
light against the steel company. This
should be a warning to the decent
element of society ever where to
make known their prefeiences, If they
have nny, nnd not stand Indifferently
by nnd silently ncqulcsce in the utter
nncf of the hot-hei"ulcd. If the con
tempt nnd censure that Is now being
heaped upon the head of the too of
ficious mayor by citizens of the town
had been brought to the surface earlier
In the game McKeesport would not at
present have been staring ruin in the
face.
TYPHOONS IN THE
OCEAN.
PACIFIC
trem the New Ynrk Sun
lln flit Hjin et a t,vphonn are flne, fleecy
cirrus douiU which move (rem the ea-tward to
winl th north The hjremeter l ftatlnnnr.
the uenher Is het, clear uti'l ilry arvl the wind!
gentle ei rie i ilm If the rlourls reine (mm
thi! et time ii III lie na tiphnon, If frmn ths
eolith tlcn there may le a elcn of i tiphein
him (n"l tulles to the efiutliuiril Theee rlou I",
lien nf urii'lrful elupx, apprir a fir a l.A'O
miles trim the center of the t.iphein Sun rtv,
pliieilmiesrrnt mj, hrllllint eunet, ollen pre.
iele nidi atorma Vitelline olirrutlen of the
ilrnii ilouila, Interpreted mTnirlinc to rules nell
ktinvin to oilier. Mill oflm enahle .1 Knml Judi;.
mcnl to tc mule ol the ilMince of tin morin
cenler. If it is uithln V"l m'les the ('nii'lln
lnereies ind the liarninetir fills oli Within
.'oil miles rf the tentr the teinpcnluie dills
rapiill.i and the ki is tilled ulth cumulus clouds,
the wind Innew. "'rem two to fifteen miles
from the cenler the Mind iaes to Mom, the
skj e'enrs to.ird the ?cnilh This Is iilnt a
folk call "the rie of the stnim " The eei rnn
to Imll md Is m-fied vlth foam. The dim
tenter .ilmut uliiili the storm lagea uries in
dhtneter frrm (our to t ft) miles, and line
t'i run ixuilli mis The tttreineler varies
luddcnh up and do mi dutinc i-n,uilN of ahout tin
inn. is' iluMtinn ml r.n I ill i in enormous
cmmtltlis If the irnlre ipproiehes it Is kno'in
In- 1 inigtliv aqusll, the dlrei tlnn of the Mind
i hmees and the urometer heirins to rie The
veloiltv of the Mind often rin to lM) miles p r
hour in the open nielli The dlreitlon of mo'.i in
of the storm center an I ot the wind in the 1
plioon Itself arc known from rules lived on
theori and vrriHed ! Ions cvperleme. V full
distulon of all thee conditions Is contained In
llr llolidtk's recent uoik, "liie l.au of storms
In the I'j.trrn sns." He lus olsiried 211 !
phoons duiii'tf the ht thirteen veira of his
ii-idinic- .n metroruloKiial oli.-cner at lion,;
hi ny.
NIAGARA'S ANTiaUITY.
from the New York sun,
Maciri Kails tame into cvUtence ihen the
Mateis of I. ike lroo,uols, vilncli in ai.es lone pat
mis the pieileir.or of Like Ontario, tell heneath
the leiel of the csupcinint at leuiston At fliit
the fills Mrie onli a small catinit, hut ei
h.i ir.ir ji the Like suhidcd the cataract cained
In htisht and icneipirnili In force of fall as
Mell as elhiienei in tuttitiz its ihannel Ihe
Nhcin koti:e from liuton to the present falls
is hclkicd to ho Mholli the. pioduct of nur
ciio.tr ii.
Hi fore the .idunt of Hi" fills the Mat'in Mas
a pl.ii id stream fiom lake lo lane much as it ia
tndai fnm lluflalo to the northern i ml of tirand
1-1 md It cut fhilhm hinks Into the Eliiial lit.
and thcii ti i u are .een nni In wine plaies
1 mile link ficm the ede of the izurue Mhiih
the falls line fime cut
It lus In on pilieiith ruttlnB tint soiae tor
lliou-inds ot eirs, hn mini the geutocUts can
not tell, hut thei pi ii o the tot il at not lca
thin lnncm or moie thin ,""fio One geologist,
Profes-or lllli In otk, pills ihe liegiuuini; if Ihe
gnat i.ilan t it lftjo II t , Mlmli Is Tim furs
hifore tiic tune of Iti iuulu, cr ihout the iviiod
in uhldi hin Pnld rdsned in leiusilcni.
PERSONAL DRIFT.
(Ine of the ln"tuices, if, Indeed, not the only
inn, in nliicli a son Ins ui ceded to Ills fatlur'a
nat as aldetmau of the city of London, and
uhsHueutli, like his fithrr. Ailed the of
fice of hud iiHinr, Is furnished hv n Oeorge
In in Id Phillips sii rieoue Mas loid miior In
Ihe ii ir of l,iii en Vuloiii's jululei , and the av
in iihiih lie leieiied In r lale niiiet-, 11 leinple
II ir, and Mihrcquciitlt, on horchalk, c-.cortcd lid
procciin thiiiugh the cil, has aluiis been re
mi lulu ml lie in gieatli iutirested in philan
thropio Mork.
The Imiu of Porlujil. Cirlos rirdinandri I ulr
VI in i Vliinr Miguel lliphiu I l.ihrirl Ronziea
nlrr 1 rmcif.cn de Avda .loss, sinuo, is a gtcat
hunlir, .md fprnds all Ihe time he tin rparo
in chafing the heir He Is duoted to artlie
ivcrcl-is of all kinds, is the King' one pilule
Moiri Is tint his 'too, too holld flesh nnnot
he indtn eel to di.appeir. rorttinitcli, he is a
till mm, and no iitiies oil his Ktoutnens, nhiin
Is evccsslie for one Hill on the right fide of
torn, lie Is a temperite mnn.mli, and alwivs
Mith a view to r-luung hlsMeight; he pint ten
nis and hunts Mith the tune pralseumtliv ohjei t,
and lio-iea that in time his cloru Mill bur
fiuit.
Vim Tom VIoore, or "eeke," Is one of the
ildct Indians on the Paiitk coa.t. she s ,
hakah Indian woman of Wathlngton, horn and
rai-cd at .Neih Ilt igeiiij, and Is without riouht
rnmc thin on- hundred ti-irs old The tirnt thing
he Mill ask a ttrinerr (or is tobacco, uliMi
(lie eats with i creit relish 'he u nearlv blind,
and can jut till datllght from night Her hus
bind has been dead for oter thirty teals, and
lie his no relatives litlng, Iwin,' mpported by
ration fumUhed by the gnternment.
It l repoitfsl trom Parts tint Kdmund Res
tand, Mho has neter met Vlaude Adams, hai lust
nut her a reouist to slop In Paris rn her wai
link to Ameilc i and lt time. Itostand entertain
her fcr a few dais, both the plavitrlkht and Mi
uife being anxious to make the acqiiilnUn.o
of the cleier peisoniinr of his "IAlglon" before
the American public.
Otojiro, tin Ilinri Irting of lapin, who ii now
plating ttinth much success in London, was
nriginalli a diplomatic atta-hed to the Jap
anese imbawy In Paris. On lemming to his na
me i muni t. luting meanliine become fascinaled
ttiili I In l'reni Ii theatr.-. he began applilng the
linna he had ltarned in l.uiope, and now hai
inniihtc)t leiolulionuid the itage In Japan. He
lias made man adiptatlotn ot Luropenn pla,
llx (icueral fillies. Mho his been a fort of
"last lip" cclebrltt of the Philippine Insurrec
tion, i-howing up well low .ml the end of the re
bellion, Is about .ii tciu of age, of ulender build
and Mialght, pioud carriage lie U not tert dark
lus a faie that is r-ithcr long. distinguishing
lutuie between tallies and other I'liillpi'lnoi
Is his cjcbroits, tthiih are prominent and archd
rat In r thin nbllipie He Is a line looking fellow'
and spiaU 'ligalcg, .spanl.li and 1'iemli tliuntP.
He Has bom at Jala lata, Moron?, Luzon,
GRATITUDE
How vtell all nature Is arranged!
Our thanks fliould be profound
That rain fill- dowuuaid trom tha sky,
.Not upward from the ground,
I often tit and Mondcr hoti',
If rain roe from the Hrect,
I'd walk. It tfould no compllcats
Umbrella and my feet,
Dutler riramuii, in 1'raiik LciUo's Popular
Monthly.
ARE ENTITLED
TO THE SEATS
ADDITIONAL COMMON COUNCIL
MEN WIN OUT.
After Considering- All tho Conten
tions Raisod Against the Council
men Being Entitled to n Seat avnd
a Voice in tho Lower Branch Judgn
Edwards Decides That They Are
Without Special Merit nnd That
the Election of Last Fobruary Was
Legal and Valid.
An opinion by Judge Kdvvards,
handed down yesterday, sustains the
right of the additional common coun
cilman elected last February to their
seats In that body nnd directs that
tho peremptory writ of mandamus
prayed for by the men elected bo Is
sued. The opinion follows:
The object of the proiecdlngs In this cae Is
tn compel the members of common council of the
city of Scianton to admit and recognlre the re
lators as memhra of the munlcipil bndt Thi
relators claim their sens by virtue of Ihe munlci
pil election held Pehiuary 11, l'U. Tho defend
ants oppose thi on the ground thit no ap
portlonment had been made. a requited by h
and that no valid election could be or tvas held
for acldltlnnil rounrllmen at the elertlon Mated
Ohectloii are mile on both rldea tn the luf
Pclenry of the pleadlnss P'li'nd nils' lemi.frt
claim tint certain aterments in the euggesllon
ef the relators are vague and are mere conclu
sions unsupported ht tacts specifically eet forth.
"Ihe Milt nhje Hon Is mile bv rcli"i" nun
rel to the return to the inandimus. Tirts ef tha
suggestion and return are open to this criticism;
but there arc auftlclent facts properly stated in
the pleadings to enable is to consider ml deter
mine the miln legil ipicsilnn raised and to dls
pov of the rise noei its penis. The controversy
arises If cause r th- tiusltton of the oltf e
scranton from the third to the second diss of
ilties. The Interpretation of portions of two lrta
of asuemlily Is necessiry to the determination of
the question before us
set of June y,. Id-,, P f, "Oj ".section I
The rlaMifleatlon of said cities rrspcctitely shall
be ascertained and fixed bt reference to their
Papulation iciordlng tn the last piecrdlng United
ftitea census, and wheneter It shall appear by
int such ctnsus thit an cilv of the second or
third clas Ins attained a popnlitlon entitling it
tn an adtance In classification as herein pre
scribed, it rliall be the dutj of the governor,
limler the great S".il of this commonwealth, to
certlfv the fact aeeordiiuli', vthlih certificate
shall be entered at large upon the minutes of
the ciunclls of mch il'r, and recorded in the
otrt'e for recordlnc the deeds of the proper
county.
vnnfT tih: i i nrriov.
" Vt the municipal elcton oecurrlne not less
than ore month niter the due ol eurh eertifloitc,
the proper officers shill be elected to tthlch the
nld i lit Mill become entitled under the change
In cHssificition, and upon the tlrst Mondat of
Vprll next cn'ulng, the terms of all officers ol
nld citt then In office tthoe offices are snperted
ed bv reason thereof, shall eft? and determine,
and the rlti eiiv eminent elnll be clult organired,
ani shall there ifter bo controlh 1 and regulated
In the la's of this commonwealth applhable
t) the sune under the chssiflntion hereb fixed
.in I appointed "
Ir rrder to enable i ei'v to elect the jiroper
triers to tthlch she entitled under the charge
In olassitkitlon, the art prntldrs for the certlfl
rate of the goternor. tthlch slnll be entered upen
the mln-tes of the counilhs and recorded in
the eifTlie fur recording deeds, and tint the elec
tion shall be held at the municipal election cc
currlng net les than "one month after the Jite
of the certificate" What was dene in the case
at bar? Tli admitted facts show:
1 'Ihe certilleate of the gotrmor Is dated Ian
usrr li, I'll, and ttis recorded In the office for
re curding ot deeds on the following dav.
2 When the councils met the certificate ttas
entered upon their minutes, on those of the se
lect council first, and on Jammy U, Wil, on the
minutes of the common council
t The mater of the cltv Issued his prodaina
tiin In the usual form calling for the flection of
the iililiiinii.il conncilnien at the next ensuing
munuipil election
t Vt the munlcipil flection held Kebruiry 1,
I'll, eich of the relitors 'tas elected to the i f
die of ciiinnion councilman
lienfendints counsel contend that the offi-e
of rniineilinin i not In the ilass of "proper of
fl'ers" referred tn the act of assembly. 01
loui-e suUi a eonteuilon Is cle nit vtiong nor
tin It sironglv pressed at Ihe argument. Conn
oilmen are pre emlnuitl.i offi.irs of the riy
It nut be piopirli nld lint thet nnd the mator
or rei order constitute the corporation itielf
Tlicre is no merit In this objection
"IIVIK W s PROl'l i:
Vi far as the ait of l'ii is crncerned, and In
view of the firts before u, tie cm see no reason
Mhateter whv the last mtmiclpil eleitien Mas
not the piopcr time to elect the additional com
men cnuncllmen tn which the citt of Scrantnn
tin', entitled The period ol one month is to
be computed fiom the dale of the gotemor's
certificate, and not from the time of the firry
of the certificate upon the minutes of the coun
cils Kten If the councils knew- nothing of the
eertlfiiile until Januarv 21, vt lien it ttas entered
upon the minutes, there Mas amide time for
them to pei form the duties, incumbent upon
them In connection with the increisc In the
number of eouncilnien piotided by the htv. It
must be rrnifmbeied that Ihe new councilmen do
nut lake the plur or otheis The are adli
tional nffliers provided by the law gotemlng
eitu of the second class Vs to the law regu
lating tin transition ol a cltv fiom one clan
to another, -in inlerestlns discussion Mill he
found in the cases of ("onimonweallh vs. Wtmin,
117 Pa, .M, and Commonwealth is. Macferron,
1V2 Pa , 211
The real icntentlm in tin part of the defense!
In this case is that no provision hid been mule
to a.irrliin, in tie manner and at the time re
quiied bt law, the number of additional coun
cilmen each tiard of the city aa entitled to
This hilng" us to the consideration oi the act of
Vlai , lfsOl, P. L. 123. Section one reads
thus-
"lint leniftrr tbe ratio of representation in
common cnuieils In clues of the second class
rhill le livid and determined as Minus In the
mmth et Jul) pieceding the next regular muni
elpjl election, after the pasage of this act, and
iter fourth teir thereafter, the members of rom
mon council shall be appoitioned In the follow
ing minner' It shall be the riutf of the .iiui
Mrs of eich ttard to return, under ruth, a i-ue
and exait 'ttum of resld'n' taxable-, to the presi
dent of the common council on or before the
first dat of Jult fn each jear, tthen an apportion
ment is to be made, and at the flrt meeting of
th councils thereafter a Joint committee ef fite,
two from the select an I three from the common
round! aliall be j pointed, who shall rxauiln
tie cfvl returns vid divide the tthole number
ol tat iblcs It (ortt, and the quotient ahall he
tic Mil" rf rcrn i ilalion for members of com
moi c-iundl: l'itlced, That should anv ttarei
In.e an fvccM of thiee fifths more thin the ratio
of laxahles, It ehall be entitled to an additional
member. And rtaijded further, That each ttard
(hall hate at lcaiWnej member of common coun
cils "
Sri'sTvSTIAL rOMPLI VNC'i:.
It vt is, of course, impossible for the council, or
a committee, t complt literally with the terms
of this section, but If the ceur.clt had the means
to asccrUin the nceessm facU, and if these
facta vtere acluatl) submltbd to it, and the re
sult teas a mci question ot mathematical calculi,
tlon. tte boll ll.it there t a- a substantial com
pllaire tilth tin requirements of the act of lSil
Let u "insider what wis done The cltv at
res.ors of Ni'iuton submitted to the common
council in 'amen 21, PCI, a return or state
ment of tb- leilduit taMioIes ol rach ward of
the clt, ni that the council had 111 Its preci
sion at that time, the same dilj evactl as It
would hate bad If the returns had been male
the ni ev loin July. Hut It i contended, Hit
council made no apportlonnitnt What appor
tlcuiinent could the council make other tlnn
the one made In the act? The tthole number
ef taxable it tn be detided by fort, "and
the quotient thall he the ritio nl representation
fur member of common council " Holding at
we do that the prntUionk of the act of 101 ar
director), It ttaa the duty ol the council, lata
though it tias, to comply as far as It could,
with the require ment of the act, an as to il
full effect to tlio act r J-V, prutidinc for tho
election of the additional councilmen, thi lat
ter act being mandator) in it term. Initeid
of doinc this the. council in effect laid: "We
know the number of resident taiM of each
Mrdt the returns are t-ffere us, and by dltld
Int; by forty Me can gel the ratio ot represen
tation, and thus, ascertain the number rf addl
tional rounrllmen thit rach ttard Is entitled 1
We also know that there Is more than a month
between the dale nf the cnternor' certificate!
and the next mimlclpsl election' but ue sh ill
not appoint a committee nor tke ii) further
leps In the mstter, breause the return of the
resident taxable ttas not made by the Mrd a
seseor lait Jul)." This is Hi. subsunce of lb
return to the mandamus made hy the defendvnl
in this cac.
We bellete tlt vte are upheld by aulhorlt)
In the position e hate taken. It Is a general
rule that tthen a public duty Is Imposed, and
the ttute requires that II shall be performed
In a cfilaln manner, or within a certiln time,
or under other specified conditions, such pre
scription may well be tfgsrded as Internled lo
be directed only, when Injustice or Inconten
lence to others xsho hate no control oter those
exercising the duty would result, If such re
quirement were essential and Imperrtite.
ArillOniTlKS Qc'OTLI)
In Pladen vs Phlli . of) r sfil. Mr liwtlce
Rharsttood say: "Where the word are affirm
atlte and relate to the mvnner in which poner
or Jurisdiction vested In a pjhllc officer or body
la tn be exercised, and not to the limit of the
power or jurisdiction It'elf, they mi) and often
hate been construed to be directory! but
negative words tthlch go to the power or Juris
diction Itself hate neter, that I bite ben
aware of, been brought within that category"
"A clause is dliectory, ia)i Taunton, J ,
"when the provisions contain mere milter of
direction md no more; but not so when they
are followed bv words of pesltlte prohibition "
The same doctrine I reiterated in Pittsburg vs.
Coiirsen, 7 Pi too
The proper tel of the imperatito or directory
character of a statute. Is the question whether
the thing directed to he done la of the essence
of the thing required, or relatts to matter of
form Norweglin Stieet, M Pa 311.
Illark In Interpretation of Laws, pige IV,
ea.ts: "The converse of th rule thus far consid
ered Is equally valid, that is, an imperative
word, such as "shall," may sometimes be reid
as permlscitc or enabling onl), when the legla
lature plainly designed that It should not he
taken In the strictest sense, rr when such a
cnnvtrurtlon is necessity to effectuate Juitlce or
secure the rights of putles In a subsequent
chapter It will be moie fully shown that the
word "hill," ilthough In Its primary seme.
It import a pesitite demand, I often to be
construed as dirrctorr onl); that is to i),
that while the direction introduced bv tilt
term is meant to be followed, vet the neglect
or dlsregaid of It tilll not be attended hv
consequence entirely fatal to the act or piocecd
ing "
Without citing further authorities, it Is our
opinion that there has hern a sufficient compli
ance with the provisions of the act of I'll to
warrant the election of the additional council
men at the municipal election held Keb P,
1101, am) that the relators ate entitled to be
seated as members of the common council of
the city of N-ranton,
We, therefore, glte Judgment for the relators,
upon the demurrer, with cost, and direct that
a peiemptory wilt of mandamus iuc as pra)td
for in the petition of the relatots.
WANTED IN BINOHAMTON.
Forger Murphy, Whoso Real Name
Is Riolly, nn Old Offender.
Superintendent of Police Rohllnfr was
yesterday notified by Chief of Police
Moore, of Blnphamton, that James
Murphy, arrested hereabout two weeks
aso, eharKed with forgery, and who Is
now in the county Jail. Is wanted In
that city on three Indictments.
Chief Moore, In his communication,
says that the prisoner's real name Is
James It. Klelly, and that he has
broken Jail In Blnghamton twice dur
ing one ear. "Wo have enough against
him here," vviltcs Chief Moore, "to
send him up for twenty years."
Superintendent Kobllnp, by referring
to bis Rogue's Gallery, has dlscoveied
that Rlelly wns arrested several yeats
ago for breaking into Felton's etore.
He wns sentenced to two years In the
penitentiary at that time. He vvas
clean shaven when tho picture vvas
taken and wore a moustache when re
cently arrested, so that he was not
easily recognizable.
"Always Busy."
I Always Busy Events
First Our Tall styles
of Celebrated Korrect
Shoes at $4 00. They are
displayed In our men's
window. They are for
the smart dresser w ho
wants to be Just a little
ahead of the other fellow.
Second The placing on
sale of every man's Rus
set Shoe In our store, low
and high cut, $3 and $4
grades. They are dis
played In our men's win
dow. You can get a pair
of them; perhaps the best
shoe you ever wore, for 1.
Lewis & Reilly,
Wholesale and Retail.
114-118 Wyoming Ave
Prairie
Grass
Furniture
"From the prairies of
America to the homes of
the world."
In Color Beautiful
In Design Artistic
In Use Comfortable
In Durability-Like Iron
In Price Reasonable
It is adapted to all
places and particularly
useful and appropriate for
furnishingsummerhomes
and porches. We have a
complete line.
Hill & Connell
131 N. Washington Ave.
ENTRIES CLOSE AUGUST 15.
After August 1 5 no more new contestants
will be received in
The Tribune's
( EDUCATIONAL CONTEST 1
The Tribune's Educational Contest has been open thirteen
weeks and still has three weeks to run. There is plenty of time
even yet for new contestants as is demonstrated by the fact that
last year two of the winners were only in three and (our weeks
respectively.
The eight 6pecial rewards are offered to the young men or
women who secure the largest number of points: in the contest.
They are required to canvass for subscribers to The Tribune and
are credited with one point for every month's subscription se
cured, a year's subscription counting twelve points.
Two of the winners will secure four year scholarships, valued
at $1,000 each, for the work of a few weeks. Why shouldn't
one of them be you ?
The Special Rewards :
Scholarship in Lafayette College $1,000
Scholarship in Swarthmore College 1,000
Scholarship in Stroudsburg Normal School 675
Three Scholarships in Scranton Business
College, $60 Each 180
Two Scholarships in Scranton Conserva
tory of riusic, $75 Each 150
Each contestant failing to secure one of these special rewards
will be given ten ( io) percent, of
K. n The first two scholarshirs do net
these nlll be given ten (10) per rent, if
Inbune, to assist in paying thu expenscr-
There are three weeks yet
late for any energetic young man
last year's winners were only in
Send a postal to The Tribune for full -particulars, including
handsomely illustrated booKlet. Address,
Editor Educational Contest,
OF SCRANTON.
Capital $200,000. Surplus $525,093.
United States Depositary.
Special attention given to
BUSINESS, TERSONAL and SAV
INGS accounts, whether large
or small.
Open Saturday evenings
from 8 to 9 o'clock.
W.M. Connell, President
Henry Beun, Jr., Vice pres.
Wm. H. Peck, Cashier.
Refrigerators,
Oil Stoves,
Screen Doors,
Gas Stoves,
Window Screens,
Hammocks.
tell
325-327 Penn Avenue.
A Second-Class
City with a
First-Class Stock of
Gut Glass,
Sterling Silverware
Clocks, Etc.
Suitable for
Wedding Gifts.
Merceread 5 Connell,
132 Wyoming Avenue,
1
$3,005
all the money he or she turns in.
Indue! meals, but the contestants sccurln-
ill the money lie or (he turns in to TUe
ot the contest and it is not too
or woman to enter. Some of
three or four weeks.
Tribune, Scranton, Pa.
ScottJ Co.
WE HAVE JUST OPENED
AN ELEGANT NEW LINE OF
Which .are marked at quick--selling
prices. For Mid-Summer
or Early Fall Wear."
See This Line
From $1 up to $4.50
We guarantee them to be
at least Twenty-five Per
Cent. Lower than regular
prices.
126 Wyoming Ave
P.J. HON AN,
Merchant Tailor.
319 Lackawanna Avenue.
Allis-Chalmers Co
Successors to Mnchlnu Huslnc33 ot
Dickson Manufacturing Co., Scranton
and 'Wllkes-narre, I'n.
Stationary Knglncs, Boilers, Mining
Machinery, Pumps.
Binghamton Privata Training School
(or ntnnus, n.ickwrrl and DmI Mute Chil
dren Manual Trilnii', rh'kl Culture,
Needlework, Music, Kindergarten, Arlieult
tlnn. 0ieu jear round Circular. Price,
moderate. 6 A. DOOLITTLE,
2 I'alniew Aenu.
Meldrum
Black
Mercerized
Skirts
B