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CENTS.
BAILEY
MR.
ault Follows a Warm
the Floor o!
ISenate.-
,KINS
ANNEXATION
J
It Would Be for
Its of Both Coun-
te Annexed to the
Ir.3 Piatt and Mr.
Use Plan A Bill
rl Admiral Schley
fance of a Bear
Live List of the
Associated Fret.
I. Senator Bailey
natoi Beverldge,
t after the sen-
executive ses-
Putor was dragged
from his opponent
by sonitToBBBabout the senute. He
I ii as very aiigryTilid threatened severe
rharm to the Indiana senator.
The enlsode was the result of a hent-
wy ed controversy which the twov senators
had during the afternoon when Senator
Beerldge had tald that Senator Bailey
had made "an unwarranted attack" on
Solicitor Penfleld of the state depart
ment. In executive session Senator
"T3m rttlr1rrj-i lltr ft ritt-io oanntAiii tnlin
N -'-"-. "- "" -"-- .
k' smoKe, iignteu a cigar ana cook a seal
on the Republican side. He was still
Bitting there when the senate adjourn
ed. Senator Bailey crossed the aisle
and walked through the sea is until he
was facing Senator Beverldge.
j "Beverldge," he said, "I don't want
to have any trouble with jou, but I
Want you to withdraw those words
v hlph charges me wlh making an un
warranted attack upon Penfleld."
"I didn't intend to insult you," re
filled Senator Beverldge, "and there Is
It Nothing In my language that you could
consider offensive:""
'11 don't allow any one to say that I
kllbcl a man, nnd that Is what you do
l)i making the charge. Now, If you
, ion't withdraw -the words when I ask
kou I'm going to make you withdraw
them."
Senator Bailey had'been getting more
and more angry and excited as he
talked. He had been sitting down part
of llie time or leaning against the desk
In front of Senator Beverldge. The lat
ter In reply to Senator Bailey's last re-
' mark still remainingtln his chair, said,
"I lcrieitt that I. did not Intend to Insult
Gr"i"Vv ou nnd thjri hfivn nnthlnc in intinp.t
a,v--Y. "
BH3&&L. The Assault,
IPi5WX .. , r, ..
i a ineKU wouh were uuereu, Duiiey
tlirw hlmHplfiinon Senator Reverldeo.
pho is ft man. hardly up to the average
in physique,! and seized him by the
throat with both hands. The rush wns
iho suauen ana Jierce mat ine cnair in
.vhlch Mr. BeVirldge was sitting was
Tiushad back) ncatnst a desk and the
Weskwaa toppled oer. Before the as
sault could go any further, senators
wfiu jiuu litreu annul; iieur jiuu iiiuveu
p between the desks. Senator Hans
rough, of North Dakota, seized Sen
ator Bailey by one arm and Senator
Spponer seized the other. The Texas
senator lf a poweiful man and ILwus
ivlth great dlnlculty that the two sen
ators weVe able to drag him away from
Senator Beverldge, and when they suc
ceeded, a pnrt of the Indiana senator's
neckwear was ripped and torn away in
the vigorous grasp of Senator Bailey.
, Senator Bacon, of Georgia, and Barney
juayion, ussisiant cioorueeper, came
quickly and assisted In pulling the
Texas senator further away, Senator
Bailey mnwhl,le struggling to get free
and lunHtnsrJtovard Senator Bevcrldce.
I' As he was removed a little distance he
tJMrSt as heard to utter something like a
teSKfol threat about killing.
S&f WUhput further effort, however, he
rL WtiUfri Sawflv whnil Rpnntm. Punnn
Iirged htn to -) nulet ,and led him
toward the Dev ouratUi side,
Senutpr Baooirengaged Senator Bailey
ill conversation for some time, advising
h!ni"to,c,ool down. Sciiator Sponer also
wqnt'RCroos (he aisle und discussed the
UevertdteHiad Insulted him In the sen
",it'j!l4h,u't he h(Td takeij the only
ft(wjthdra hs remarks,
to1 Beverldge remwned in the
erifor some little time and rim.
M,jt,6jmoke his cigar. 'He remarked
KM'whn anokR in hltt n iia cii.
tiltal'U.dld not amount to unvthlmr.
i.wado'io effort to 'resist or resent
thittodk made on him. in fact, the
VW' tWng waa oyer In, a "yery brief
' liti'a,tfore much resistance could
matter mii ine-.iexus senator,, urging
1!rn'to, upojpUzo and if possible fix It
up.'.fltJoiice;huU'6entqr Bailey jefused
nll'iuch oroffers. deolarincr thnt Spnnini-
iii.CUMW
9m
AM
s&
k bavFiWenioffered. '
Barly.n ho session, Mr, Elklns, of
'Mt;WMlnM delivered an enrnest
WinAechMBTfaVor of the annexation nf
,PuBafntalnlpgf, that it would bo in
"r-lhebfltTp4nterest8 of both countries
$Wr,,!WJMiV'e!narKs drew a shurD fire
jirr4jrn isPMiieuucuii ana Mr,
j'ftaniiitvwuoj,, sq aeprecated any un
? nexatlon-nroBOsltlon .athhlH timp nn
It-""?! tbit'e JJPl'ed Siates ought to
Vm eijifcl oflts obMgutlons to t)e
MfmtfViWQKlQ, vv.a to yum, After a
vmTt-.vymvHuJ I'1VI, ucfierm wood
i WMi'critlciMd. by Inference, for uslnc
rCttbah . funds-tj nYacej.(he Veclproc
hHv ,9kMaanda. MrA Biking resolution
iwr wwfxauomvas.refprrea v the
It-'uiHm" WatloiicomnlUeo,"
mm niiisi,y,piMsiaswa was ona
. wt..- MVHim itfiey ne pay
' niiiuuLina
THEONLg2&ANTON PAPER
7
ATTACKS
BEVERIDGB
'
DR. TIFFANY CONVICTED.
A rovraor Scranton Physician Pound
Quilty by Binghamton Jury of a
Most Serious Crime.
By ExcliiaUe Ire from The Associated l'rrsa.
Binghamton, N. Y., June 30. After 41
hours of deliberation the jury In the
case of Dr. Thomas J. Tiffany, Indicted
on a charge of assault In the first de
gree, today returned a verdict of as
sault In the second degree. The maxi
mum penalty Is Imprisonment for five
years and a line of $1,000.
On the night of March 26
Charles Carman was shot at
slightly wounded by a masked
while coming ftom his bain at
last,
and
man
Port
Crane. After a week of hard detective
work, William Carter, a half-breed In
dian, was jailed and District-Attorney
Clark secured from him a confession,
In which he said he did the shooting at
the Instigation of Dr. Tiffany, who he
said was Infatuated with Mrs. Carman.
Tiffany was tried for the assault and
convicted as told above. Carter Is still
In jail.
THE KING'S
CONDITION
Bonfires Lighted in England
in Celebrating His
Recovery.
By Exclusive Wire from The Associated Prrsa.
London, June 30. The following bul
letin was Issued from Buckingham. pal
ace at 7 p. in.:
The king has had a falily comfortable
day and tho discomfort In the -wound has
been less.
(Signed) Treves Laklng, Barlow.
In view of the king's continued im
provement, no further bulletin will be
Issued, tonight.' ,.,
The general feellng'of relief as a re
sult of the favorable icports of the con
dition of the king vented itself tonight
by the touching off of the three thou
sand bonfires throughout the United
Kingdom, which were originally pre
pared to celebrate coronation night, i
The signal to light the flies was given
at five minutes past 9 o'clock. A rocket
was sent up from the top of the gigan
tic wheel in earl's court and burst In a
cloud of. stars one thousand feet over
load, f
In iesponse4o this signal, bonlires
rose from every elevation of any con
sequence from the Lizard to the Ork
neys. The celebrations were somewhat
dampened by a downfall of ral'n. Lon
don was not officially Illuminated. It
had been hoped that the Mansion
house, the Bank of England and Marl
borough house-would Join In the cele
bration, all their Illuminating stands
being Intact, but none of the official
decorations were lit up. The display in
London In this line was confined to the
theatres, the hotels and the 'business
houses on the Strand, Fleet btieet and
other thoroughfaies.
There was quite a celebration at
Spit Head today when the neaiest ap
proach to a review of the great fleet
there was seen In the trip of several
transports loaded with volunteers and
colonial tioops and a number of distin
guished persons, w ho Inspected the em
pire's "first line of defense."
The arrangement for King Edward's
dinner to the poor of London, to be
held July 5 ure being rapidly completed.
The prince and princess of Wales have
arranged to visit a number of the lo
calities where the poor are to bo enter
tained and If King Edward's condition
continues to Improve, Queen Alexandra
will probably make the lounds with
them.
The only royal guest In London today
was the Chinese tepresentatlve ap
pointed to attend the coionatlon, Prince
Chen, who left for Ostend,
Fatal Results of n Dispute, .
By i:c)iuIvo ix Irom'Tlie Aisoclofed I'reu
Memphis, Tenn.', June 30. A despatch
from Uuntnvllle, Ala,, miya:
"Johnson Uoyd was Instantly killed and
ills wifo bllghtly wounded lis the result
of a dispute over the use of water from
a well at Monrovia, Ala. Robert Johnson
and Fred Stephens came to HuntHle and
surrendered. Stephens says lto, killed
Boyd with a gun and Mn, Uoyd received
a pistol shot la the arm at tho hunds of
Johnson.
Sixteen Miners Under Arrest.
Br hxrliiilve Wire from The AmocUUJ Prtsj.
'Tamaqun, Va Juno 30 Sixteen strik
ing miners wore placed under uirest to
day for alleged disorderly conduct In tho
Panther Cioek valley section of tho an
thracite region. It is alleged that these
men stopped tiolley cais earning non
union men and by threats of l6leucci
foiced the men to leturn to their jiomu.
A number of caties of actual violence. nro
charged utjulust these utrlkci y.
Honesdale Conference Adjourns,
B l.'&iliulve Wire from The Associated 1'reu.
Honeudale, Pa June SO, Susquehanna
county wua not represented In tho soiui
toiial conference held iioio today which
adjourned to meet at tliQ-pall of the chair
man. It, Is said there will bo a contest
against' tho legality of the certificate of
nomination of C. O. 1'ratt. who, It has
been announced Was nominated pt a con
ference a Suiqucliaimu, lust week.
Tried fo Rob J, Pierpon Vorgan, Jr,
By Kxc.luilc'M"Jre from Tho .lMoiUtcd l'jti.
Lotion. Juno 5Q.-rJbhn Uurklcy, who
ploado4 guilty, June i to the charge of
..v.i,,.a n v7M 1"v M iwysw u u.
"'t" myiiii, wr wioipenicncecs io
RECEIVING THE COMPLETE
SCttANTON, PA,,
SHOT BY AN OFFICER.
Joo Unlkas, of Upper Pittston, Killed
in a Struggle for a Revolver.
Dtclil to the Sainton Tribute.
rittston, June SO. Joe Unlltns, a
p, residing near Boland's crossing,
tfLAtablc Michael O'Dowd, of the Scc-
aytjv-ard, about 6 30 o'clock this even
ing. During the clay the Polnndeis of
that section hnd been quarreling nnd a
warrant was nropured at the office of
Alderman O'Brien for the arrest of
some of the belligerents and placed In
the hnrids of Special Officer Kearney.
The officer visited the home of Unlkas,
but was tin own from tho place by the
Inmates, He returned to the alder
man's office and secured other warrants
and accompanied by Constable O'Dowd,
again visited the Polish hoarding houpe.
While endeavoring to make arrest, It
Is alleged, Unlkas' wife Interfered and
beat' the officers with a, shovel. In
order to frighten the woman, the offi
cers claim, O'Dowd pulled his revolver.
Unlkas grabbed the weapon, nnd In the
struggle for Its possession- It was dis
charged, a 38-calibre bullet entering
Unlkns' chin. He dropped to the floor,
still clinging to the revolver, and died
In a few minutes. O'Dowd surrendered
to the police and was taken to Wllkes
Barre. Besides a wife, the dead man is bur
vlved by five children.
WARSHIP OFF
FOR HAYTI
The Gunboat Marietta Or
dered to Proceed at Once
to Scene of trouble.
By Excliisiie Ire from The Associated Pre.
Washington, June 30 Acting Secre
tary of State Hill received a request by
cable today from United States Consul
L. W. Livingston, at Cape Hayticn, for
an American warship to piotcqt the in
terests of the United States duilng the
picsent i evolutionary crisis in Huyti.
Dr, Hill lefeired the request to Secre
tary Moody and it Is understood that
orders will be sent forwaid to the gun
boat Marietta at San Juan, Porto Rico,
to proceed at once to tho scene of
trouble.
Consul Livingston's dispatch said
that a warship was needed immediate
ly nnd hence the Marietta will proceed
to Cape Haytlen with all possible dis
patch. It Is a thirty-six hour run from
San Juan to Cape Huytlen.
HOUSE WORKS HARD,
Adjournment Probable' Today Busi
ness Transacted Bills - Passed
Under Suspension of Rules.
J5y KxcluaUp ire from The Asweiated Irrs.
Washington, June 30. With final ad
journment probable tomorrow, the
house worked under high pressure from
noon today until far Into the night. As
a preliminary, several resolutions were
adopted to grease the legislative wheels.
The conference report on the Philip
pine civil government bill, which is con
sidered the last obstacle in the way of
adjournment, was adopted by a strict
party vote with the single exception of
Mr. McCall, of Massachusetts, who
oted with the Democrats- A partial
report on the geneial deficiency appro
priation bill was adopted and after a
prolonged fight, the house, by a vote of
118 to 101, accepted the senate amend
ment to appropriate $500,OQO for the
Buffalo exposition, and then sent the
bill back to conference. The senate
amendments to npproprlato $160,000 for
the Charleston exposition and $1,000,000
to pay the Hawaiian Are-bubonic
plague awards were defeated, the for
mer by a ote of 71 to 118. A number
of bills were passed under suspension
of the rules, Including the senate bill to
allot lands in the Cherokee nation and
to piovlde corporation laws for Alaska.
At tho evening session the Dick militia
bill, which is to be used as a stop gap
Tor the remainder or the session, while
the house Is waiting for conference re
ports, was taken up. The adjdurnment
resolution Is to bo withheld until the
confeienco rep6rt on the Philippine bill
Is adopted by the senate.
MACHINISTS STRIKE ON,
Walk-Out in Omaha Went Into Ef
fect at 10 O'clock Yesterday.
B) txcluive Wire from Iho Associated Press.
Omaha, Neb., June 30, The order au
thorizing a strike of all the machinists
on the Union Paclno went into effect at
10 o'clock this morning, There were few
men left to walk out n Omaha nnd
Council Bluffs, however, the machine
shops having been closed down Friday
night. Nobody except the machinists
knew what hour the walk-out w,ou!d
occur and railroad officials weio kept
In suspense until the men should stop
wojk. There will be ibout 1,700 men
affected by the strike, This Includes
moulders und bollermakera wlo have
already struck, Those wip were locked
tout ni e expected to obey the strike
'order of the miiclilnluta' executive com
mittee. Vice-President Wilson, of the Ma
chinists' union, is Jn the city, and Oiand
President James O'Connell Is expected
In a day or two. Chairmen of the
boards of adjustment qf the different
branches of the trainmen were In tho
city today, but declare their presence
here has nothing to do with the strike.
A large meeting Qf the inaqhlnlsts was
In progress during the day at the labor
temple behind closed doors.
1 t '
Iron Workers to Be Assossed.
By C Uiulve Wire roui Tlw Awoctc4 lreM.
Heading, Ja i June JO. Today the board
of appeals repiesejitlng tho various Iron
workers of Kantejn Pennsylvania met in
this city and planned for the relief of
strikers at Btelnborgh'a mills and other
plantSv The skilled men now Hi employ
ment, ra to be ashz-ssed 11 and the un
skilled workers Wiccnts to creato the
fgim, 'ino proceed it is, ciuimod, will
be large enough ttWto good cure pt thu
trlUArtt.
r
NEWS SERVICE Ol- THE ASSOCIATED PRESS, THE GREATEST
TUESDAY MQRNING,
SIMPSON ON
LAWMAKING
Speed) Delivered bu the President
oT the Pennsylvania Bar
Association.
REVIEW OF SYSTEM
OP APPROPRIATIONS
The Evils of Hurry Up Legislation.
Regarding Public Charities View
of Judicial Decisions A Glance at
tho Famous 'Ripper" Case Unrest
Plainly Seen The Constitutional
Conventions.
By Exiiiulvc Wire from The Aiweclatcd Press.
Mcndvllle, Pa., June 30. The eighth
annual meeting: of the Pennsylvania
Bar association opened at Cambridge
Springs today. Alexander Simpson, of
Philadelphia, president of the associa
tion, delivered the opening address
which was filled with scathing refer
ences to tho Supreme court's action on
the ripper legislation. He criticised the
custom of appropriating public funds
to private chailtles and declared that
the Brooks' liquor law has been produc
tive of much injury to the bench. Mn
Simpson said: '
Ladles and Gentlemen of the Association!
Article III, Section 2 of our by-laws
advises mo that It is my duty at this
time to deliver "an appropriate address,
with particular reference to anv statu
tory changes in tho -state of public In
terest, and any needed changes suggested
by judicial decision during tho year." Mr.
Scott, at outlast meeting, reviewed, with
signal ability, nearly all the general acts
of assembly passed at the session of 1Q01.
leaving to me little elso to consider than
tho appropriation bills. At our second
session, Mr. Dickson In his annual ad-dics'-j
sounded a note of warning regard
ing these bills.
Since that time tho appropriation to
charities have largely increased, and when
it Is lcnicmborcd that vote thus obtained
are sometimes openly expressed to be,
and oftlmes hinted to he, upon the Im
plied agreement that tho Importuning
friends of the favored charity will assist
the legislator to re-election, or will further
his ambition for a r ore lucrative office;
and when wo'see our best and most char
itable citizens not only hampered by but
lehllng to the requirements of that Im
plied baigoln, it wpuld appear wise to.
now give tho matter a' little further con
sideration, not over-looking the fact, how
ever, that the subject thould be a life
study for tho statesman rather than the
lawyer.
Mr. Simp?on then gives a brief sum
mary of the early system of making ap
propriations nnd' furnishes a table show
ing tho remarkable Increase In appro
priations from 1S62 until U91. It shows
that the total number of corporations
benefited In 1SC2 was five, and the appro
priation J72.3S0. while the appropriations
for 1900-lfHH were 13,005,825. Thus he sajs,
"Wo find that while tho population has
increased about 117 per cent, and the as
sessed value of the wealth of the state
has Increased about E27 per cent., theso
appropriations havo Increased over 41S2
per cent.: that Is to say tho appropriations
havo Increased over 36 times as fast as tho
population, and nearly 8 times as fast as
tho assessed valuo of all our wealth.
These nro startling figures and compel
most enrnest attention.
On tho one hand It Is a very grave
question Indeed whether It Is within the
true scope of government to turn over
any of Its rovenue to private parties for
dlsburement, no matter how public the
Intended use may be. It Is an equally
gravo question whether tho charities
when left to themselves, and to such aid
as the Individual freely gles, are not
even financially better off than when they
are given assistance by the state. It Is
certain that they are morally better off,
for logrolling, or begging from him who
Is dealing with public funds. Is demoral
izing In tho cxtiemo. Indeed it has oft
times been said in recent years that 15 per
cent, of tho appropriations must be paid
to tho lobby to secure tho necessary act.
Evils of Hurried Xegislation.
It would seem certain that the state
ought not to appropriate except those
cases where the charities are engaged In
a purely public work, benefit tho public
generally becauso benefitting a part of
those who make up the whole, nnd who
When also the charity Is so Bltuate, or
the demand upon it Is so great, that It
cannot possibly carry on Its God given
work. It is clear that In the hurry of
legislative duties proper consideration
cannot bo given to tho questions at Issue,
however honest the members may be In
their desire to do only that which Is
right, and however industrious they may
be in their attompts to ascertain the whole
truth. Perhaps If the board of charities
and corrections were given supervisory
power over tho matter, under limitations
accurately defined by legislation, better
results might be obtained, and the legis
lature left to perform Its more appropriate
functions. iiecent experience ha em
phaslzed the belief, which has been grow
lug In every thoughtful mind, that any
thing which tends to draw the legislative.
tho executlvo or the Judicial mind from Its
speclul duty, Inevitably operates to' Injure
the body politic.
I'om evoiy standpoint, therefore, we
cannot too frequently call particular at
tention to this matter, lest In the press
of more personal affulrs it may be lost
tight of until great scandal has rudely
dragged It Into public view; nor do I see
uny escnpq from the conclusion that the
real safety of both our public and prvata
Institutions requires their absolute dlvorco
and lieuco a constitutional Inhibition of
such appropriations, In Its ultimate an
alysis tho two controlling reasons which
justify our system of government apply
equally here, viz;
1st. Government U organized for gen
eral public iibes and those only.
2ndThe public money should ho ex
pended for purely public purposes, not
In the narrow sense found In some of our
judicial decisions, but In (he broader one
that Is embodied In tho doctrine that
trust funds shall nut be, diverted from
the purpose of the trust.
So fur as our eyes are not blluded to
tho Insidious approaches which would
lead us to forget tho Imperative necessity
for tho absolute divorcement of the state
from all private matters, ought wo to
stand together pu this subject.
Judicjal Decisions,
Mr. Simpson tlien tutied his atten
tion to the Supreme cuut and suld, in
part:
howeien4 turn, to (he fceoond ot
JULY 1, 1902.
my particular allotments of duty, viz, the
consideration nf tho judicial decisions ot
tho year, T find a field mnplo In area and
fertility, but In the which I can only hope
to turn a fow furrows. Perhnps tho most
Important decision Is that commonly
cnlled the "Hipper" eno. In somo re
spects It Is a most refreshing case, for
tho majority loglcnlly follow out the
classification decisions, nnd the minority
boldly and truthfully announce that there
decisions are legally wrong, and In direct
antagonism to tho Intention of tho con
vention thnt framed and ot tho peoplo
who adopted tho constitution of 1874,
Logic nnd truth nro not usually found bo
accurately though antagonistically stated
In tho reports.
Tho majority decides:
1st. That tho mayors of our cities nre
not constitutional officers, and therefore
are not protected In their offices from
legislative interference.
2nd. That an act ot assembly In not un
constitutional because It Is supposed to
offend against natural justice or tho
spirit of the constitution: and
3rd. That the legislature has power to
classify the cities of tho state, and to
pass acts relative to governmental mat
ters which aro applicable only to tho
cities of a given class. Let the result bo
what it may.
With regard to the first two points there
can bo hut' little doubt of tho accuracy of
tho decision, and the third, notwithstand
ing the dissent ot three of tho Justices, Is
also certainly .nccurato If tho prior de
risions of that court nro to be followed.
It Is equally clear that It Is absolutely
wrong If regard Is to be had to either
the language or tho purposo of nrticlo
III. section 7 of tho constitution.
One of tho main rensons. If not the
principal one. for calling the constitu
tional convention of 1873 Into evlstence,
was to establish local self government.
With increasing frequency the legislature
had passed, and tho governor npproved,
local and special acts despite tho protests
of the locality affected. The 01I had
reached a point beyond which It could
hardly be borne.
Evil Increasing.
After the constitution was adopted all
this was changed, though now thanks to
the supreme court's classification decisions
the evil is aguln Increasing.
Ono act, such as that now under con
sideration, may carry with It untold
trouble and annoynnco to tho particular
communities affected. That the legis
lature and governor may at will depose
tho peoplo's choice of municipal execu
tlvo In a few designated cities, and sub
stitute some one else In his place, per
haps a non-ref Ident wholly unacquainted
with tho peoplo themselves and their
needs, compels us to pause nnd consider
Whether or not tho legal reasoning which
permits such results can possibly be
corrected.
Tho constitution, article III, section 7,
says:
The general assembly shall not pass
any local or special laws regulating tho
affairs of counties, cities, townships,
wards, boroughs or school districts; In
corporating cities, towns or iillage.i, or
chnnglng their charters; creating offices,
or pi escribing tho powers and duties of
officers In counties, cities, boroughs, town
ships, election or school districts; nor
Shall tho general assembly Indirectly en
act such suecial, 0;. Iocal,vJaw. by tho.
partial repeal of,a-genoral'law; but laws
repealing local or special acts may bo
passed.
It Is safe to say from the debates in
tho convention, and irom the history of
the times, that outsldo of the supremo
court chambers, nearly every, ono sup
posed that the clauses quoted destroyed
the power to legislate for localities. It'
was expressly stated In the convention
that classification could not be made by
population or otherwise, but that the pro
hibition was absolute under all circum
stances. Tho reason for tho antagonistic judicial
conclusion Is not far to seek. In Its ul
timate analysis it Is, plainly speaking, be
cause the constitution had to depend for
Its' final Interpretation upon those who
were unfriendly to this portion of it.
Mr. Simpson then cites the case of
Wheeler vs. Philadelphia, 77 Penna., 338
(1876), when he says:
Tho question first arose as to the right
of the legislature to classify tho cities of
the state, and to legislate for the classes
separately. Kxamlnlng It from every
possible standpoint that decision may bo
summoned up In the following proposi
tions: (a). The constitution classifies certain
other matters and nowhere expressly for
bids this.
(b), Tho act of 1874 contemplates that
other cities by Increase of population will
enter the higher clusscs, and thercforo la
not local or special.
(c). It classification bo not allowed
either the largo cities will lose needed
legislation, or the small ones be over
burdened by that adopted.
Who docs not know, that the object ot
section 7, article III was that tho legis
lature should not bo permitted to special
ly detcrmlno tho needs of each city, but
under geneial laws tho city that felt tho
trouble should remedy It?
The Effect Intended.
Had the legislature said that each city
should havo power to do certain things,
which, as now, It might exercise or not
as Its needs lequlred; should have certain
specified officers Including a mayoi, or
recordor. If you please, and two branches
of councils based upon population or oth
erwise and buch other officers as coun
cils should deem necessary to carry Into
effect the powers In fact exercised, Just
as now each city of each class has and
does under the legislation for classes, tho
effect would have been lust what tho
constitution desired It should bo; icsultlng
as It was Intended It should, In cuch citi
zen having cast upon him an added ie
sponstblllty, knowing that upon him and
i3 fellow citizens alono depended tho
&ocal good , government they needed,
wlexo this an nbstruso matter ono would
Y;,4aso to wonder at the error, but It Is so
plain and so palpably upon the surface to
those who will see, that one can only
wonder whethor or not he Is blinded bo
cause ho cannot "strain at the gnat"
while others, with apparent pleasure, ato
swallowing the camel,
A careful study of all tho rases will
show that the only Inconvenient es which
have arisen havo been due to the fact
that the legislature, lelylng nj the logla
of tho decision In Wheeler vs. Philadel
phia, has passed other nets under tho
classification doctrlno which tho court
has refused to sustulu. This necessitated
general curative uets, which undoubtedly
gaye troublo, but tho trouble was caused
not by tho ilgldlty at tho constitutional
provisions but by tho fact that tho legis
lature believing tho court would follow
its own logic, hud attempted uguln to
evade tho constitution ns the coiut Bald It
might.
In thi majority opinion of tho Ripper
caso IMs said;
''There is no sounder or better no(tlcd
msfm In the law thun oxpresslo iiulus
Ciyrjusio est alterlus, and when tho au
tSirttlcs which tho right to control any
st&ject bo they only parties to a ptlvato
cdtLtruut. or tho socrclgu 'pooplo lu tho
adlptlou of their constitution, huo fully
considered and determined what shall be
tl) rights, tho powers, tha duties or the
liilltatlons under tho Instrument, there
Is Vo longer ""' loom for couits to In.
troBuce clthor new powers or now MndU
tlonY. To do so would, hi tho language
of Cwtcf -Justice Uluckton, to supply what'
NEWS AGENGY,IN'T$E WORLD,
CITIZENS' AltlANCE.' :v-f ii
HOTS ROOTIES I
: ' .. . - ' $M
wo might concolo to bolts defects,, to fill
up cvcry casus omissus,,. to Interpolate
Into It whntnvcr In nur nnlnlnii .micrht to
havo been put thero by tHframors."'
And-they might1 havO added that that-ls
cxadtfj' what Is wrongfully done by'the
classification decisions. Dtitr If this lie a
true statement of tho law, Ihow can tho
stltutlon excluded all other classification
than that appearing In It, viz., Into coun
ties, cities, wards, boroughs, township
ald'school districts Would any ono pro
tend that if tho legislature tcpcalcd all
the acts relative to counties, cities and
'boroughs and then ro-onactcd them Into
shlrea, towns nnd villages, It could spe
cially legislate for each shire, each town,
nnd each' village, becauso the constitution
did not by namo deny tho right tb spo
claily legislate as to them? That tho Su
.premo court has felt tho Incongruity of
its position is plain In Its opinions In1
Aycr's Appeal, 122 Pa. 203 (lSS).
t '
rProvince of Legislature Invaded.
But If classification on this subject Is
permitted, the court clenrly ilnvnded tho
piovlnco of tho legislature in deciding
there was no such necessity, for unllko
congress the legislature has unlimited
power except as controlled by the consti
tution, nnd that Instrument nowhorcs
says that classification shall not bo per
mitted except in case of necessity.
As pointed out In Wheeler vs. Phlla-1
delphla, tho customs, even if It could bo
considered, was all the other way; and as
tho constitution cither poimlttcd or de
nied It altogether, tho decision was'a log
ical and palpablo absurdity, as certainly
so as a demonstration In mathematics,
unless without constitutional sanction tho
doctrlno can now be Introduced into our
political life and tho couits ex proprlo
lgoro can override all tho other branches
of government, on questions of fact pe
culiarly belonging to the legislative
branch.
No other conclusion Is possible, for. If
the question bo ono of fact, tho consti
tution has furnished no means for deter
mining It, and tho court has novcr hinted
how It could proceed judicially to decide
It. It would be marvellous Indeed were
an Issue to be granted by any court to
determlno whether or not thero was, as
a matter of fact, any necessity for tho
particular classification, and upon the
determination of that lssuo hold tho act
constitutional or otherwise. That would
surely bo a "now thing under tho sun."
whether tho issue wns to be determined
by a Jury or a chancellor, with the con
sequent uncertainty owing to tho Infirmi
ties of cither; perhaps ns well ns anything
else points tho falsity of tho court's posi
tion. It is admitted, of com so, that It is the
court's dutv to decide whether or not a
given act offends against the constitution,
I'lthet'expressly or by noccsstiry Impli
cation, ' but they must find tho offense
from the constitution Itself.
No one pretends, however, that theie
Is any limitation on this subject In tho
constitution Those prolslous say that
thero shall bo no local or special legis
lation on the given subjects They do
not say that there shall be none unless
the couits decide there Is a necessity for
classification. They put tho seal ot their
condemnation upon such laws In their
entlroly. The court seals their condemna
tion only when thev think tho law unnec
essary; but that Is not a subject upon
which the constitution, either expressly
or by Implication, osks the court to think
at all. Hence, while itls true that tho
constitution leaves to tho court to de
tcimlno whether "the method of legis
lation" adopted Is constitutional, It says
to the court as well as to tho loglslaturo
that there shall bo no such laws, wheio-
Contlnucd on Pago 4
ENGINEERS TO
RESUME WORK
Pittston Mine Officials Predict
That All Will Soon Be
in Their Places.
Dy Eulu.he Ire from The Associated Press.
Pittston, June 30. The engineers ot
this district show a strong Inclination
to return to work, and mlno ofllcinls
nnd some of the engineers predict thnt
before the end of the week every engi
neer will be back at his old place. The
first movement In this direction took
place the latter -part of last week and
was continued today. It Is estimated
that at least 25 of this class of work
men have returned within the past few
days.
Tho Lehigh Valley company, It Is
suld, had Informed their engineers that
their places would be held open for
them until toduy, and u majority of
them have returned to work. At tho
Clear Spring collleiy It is said all but
two aic aguln at their old plnees, and
tho Erie company has received a num
ber of Its old engineers back. This ac
tion Is said to bo the outcome of a
meeting held here Satutduy night when
these men decided to quite the tanks
of the strikers. At stilke headquarters
the staiy wus denied although It was
admitted that several have returned to
work.
i m i
Governor's Appointments.
Py Exclude Ire from flic Auoclited 1'rm
llanlsburg, June 30, -Tho following ap
pointments weio announced today by
Governor Stone; William Hell, of Pitts
burg. Inspector of battel n for Allegheny
county. Geneial Flunk Ilcedai, of I3ns
ton, and William P. Hill, of Cuiwfoid
county, membeis of tho Pennsjhnnla
commission to the St. Louis exposition.
Steamship Arrivals,
11 Kit lush c Wire (torn thu AviOtUKd 1'ii-s.
ftew York. Juno 30. Aulved: Iceland,
Antwcip. Sailed: KionpiU Wllhclm,
firemen la Pl mouth and Cherhouig;
Kensington, Hmithumpton. Hamburg Ai
rlved: Hi emeu, New York. Ulbialtur
Arilted: Truve. Now York. Lizard
Passed: Nooidam, Now Yo-k for Hot
tcrdam.
Hnytl Situation Critical.
U t.icluslvc Wire from The Associated 1'reu.
TMrt.tltl.T'Hnr.n TTnvtl limn Srt . TIM,,.
v. .... . r...v, .4., WM... w. a..
nlnnllnnu fnn .lnn.itlAd i..a I..An Intiu!
v.v.v.. t v'Mi.a n,p ucvii fVl
rupicci. mho various political parijes li
(ia)ii are in arms u ready ror
uatlon is critical. kW? X7&'
L 'a-'. .:'- .'.iff 'v';fl
TVriJCCENt'S,.rt
Determined Eftorts to Dlscouraw
" Unlawful Acts at WItkes
Barre.
t
Large rewards ,
have been offered
National Board Membor Fallon Dis
cusses the Hazleton Affair Coal
Company Officials Confident That
All Engineers Will Be at ' Work
Soon Saloonkeeper Sues Plymouth.
Exhibition in a Church Pardees
Offer Strikers Opportunity to Go to
Work. t
By Kxclusno ire from TheAssoc!ated Pth,-
WIlkes-Barre.lPa., June 30. The Citi
zens' alliance of Wilkes-Barre offers
rewards aggregating 15,000 for the ar
rest and conviction of all persons en
gaged lp boycotting, hanging effigies
and other criminal acts of intimidation
prejudicial to the rights of American
freedom. A reward of $1,000 Is offered
for the arrest and conviction ot any.one
who enters nto a conspiracy to boyj
cott any individual, firm or corporation.
For hanging anybody In efflgy, J500 re
ward will be 'paid. At strike headquar
ters it is claimed that the offering of
such largo rewards will cause Irrespon
sible detectives to urrst innocent peo
ple, In the hope of securing the re
wards "
National Board Member John Fallon,
w ho Is In charge of Mr. -Mitchell's head
quarters during his, absence, stated to
night that he had Information from the
Lehigh region to the effect that several
small coal companies ln''the vicinity of
Hazleton had posted notices today re
questing their former employes to apply
for their old positions at once, lest they
should be given to new 'hands. . r
"In every strike," continued Mr. Fat
Ion, "this bait is thrown out to strikers,
but it will not work in the present
sti Ike. Every miner is' underjlnstru?,.
tlons. He knows Just whrifyto; do Jtp?r$
Tho dffieJinJs AtXhi&i&lkJnilinnniZ
operating mines In the Pittston"' d1s
trlct claim that a number of the old
engineers and pumpmen returned to
work ths morning and that more have
applied for work.
At strike headquarters It Is stated
that five pumpmen reported for work
today. Two were assigned to places in
Mt. Lookout colliery at Wyoming and
tho other three wore put on the wait
ing list. For permitting an efllgy to
hang in front of his place of business,
Joseph Frankel, a liquor dealer' of
Plymouth, has brought suit against the
borough for $10,000 damages. The
strlkcis accused Frankel of selling
liquor to non-union men, hence incur
red their hostility. Frankel i says he
complained to the authorities of the
borough about the efllgy but they re
fused to take any action. Becauso
Michael Poad. an alleged non-union
- n . nt.Amln.l tlm da. ulnno nt I.a BlA "
iWCM, U.LCUUVU llli; nCIVI1-l..l Kb IIU illlll"
Itlvc Methodist church In this city jast
night, fifty other members of the con
gregation left the church In a' body.
At Hazleton.
Hazleton, June 30. Copies of the fol
lowing notices were distributed among
the striking miners at the Harwood
colliery this morning:
With a view of ending what wo deem a
hopeless and uncalled for strike, an op
portunity of resuming work at our Har
wood colliery Is hoieby offered to our em
ployes. Let every insldo man who wants
to begin work qulotly notify tho outsldn
foreman. When a mnjoilty of our adult
Inside and outside men signify their de
fclro to begin work this colliery will be
started. Foremen will not nuiko known
tho names of thoso applying for work.
(Signed) C Paidce & Son.
Several hundred strikers stationed
nlopg the roads leading to the Drlfton
colliery of Coxe Brothers & Co. this
morning turned back all men who re
ported for work with the exception of
tho clerks and the passenger crews of
tho Delaware, Susquehanna and
Schuylkill tallrond. The strikers and
tho Coxe deputies came together on the
Freeland boiough line. When Sheriff
Jacobs ni lived tho men dispersed.
Resolution to Adjourn, '
Dy Inclusive Iro from The Associated lr(M.
Washington, Juno 30. IJurlng the even
ing session of tho houso, Itepiesontatlvo
P.iit,. nf Now York, tho flonr lmiripr nf
tho majority, introduced a resolution for U
Mao die adjournment on July J. Tho hour
was loft blank and Mr, Fjiyno explained
that tho hour wou(d not be fixed by th
ways and means commlttoe, to whom too
lesolutlon was referred, until the senate
had acted on thd conference report on the
Phlllppluo bill. The house adjourned at
ill p. m. until 10 a. m. tomorrow. f
YESTERDAY'S WEATHEB ,
Local inta for Juno 30, 1903;
Illghebt temporature ..,,,,.,,,, 63 degree
Lowest temperature .,, ,. 63 degrees
RelatlNo humidity:
8 u. m. ,., ,,,, 78 percent.
i. p. in , , 8Jipor cent, '
I'leeitl nation, 24 hours ended 8, p. m , ,07
Inch.
COMPARATIVE DATA,
June,
1901.
Tcmpcraturo, mean ....,, .69 deg,
" max ,,.....W, "
June,
1901'.
C.) deg,
80 l
" min 4 V .io.
precipitation, total j,s;j -;j
ISO. rainy aays ,.,, ,,..
?" -
.tt t
ii Mw:
EAT-HERQXOAiT, 7
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f TBRwMy and Vedn
rV erfi'HiBsylyanla-Falr
j
30. Fore J
ednesday; Ka
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-f cr Tuesday; Wednesday fair; frej
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