BUTLER CITZIEN JOHN H. & W. C. NE6LEY. PROP'BS. Entered, at the Postoffiee at Butler as second-classs matter. Republican County Ticket. Associate Judge. A. D. WEIR, Buffalo township. Sheriff. FERGUS M. SHIRA, Parker township. Protlionotary. M. N.|GREER,tßaflalo township. Clerk oi.C'ourli>. W. B. DODDS, Muddy creek township. Register d Recorder. HENDERSON W. CHRISTIE, of Butler, Treasurer. J. HARVEY MILLER, of Butler. Coiiß>y Commissioners, CHARLES COCHRAN, of Concord township. GEORGE W. HAYS, of Middlesex township. Countj' Auditors, G. W. CROW, of Forward township. J. H. SHANNON, of Franklin township. Corouer. WILLIAM KENNEDY, of Penn township. AN Argument and Motion Court convened on Monday last, presided over by Judge McJunkin. THE Republican State Convention, to nominate a candidate for State Treasurer, will be held at Harrisburg on September 8. WE are indebted to Rev. Wylie for a copy of the "Proceedings of the Ninth National Temperance Conven tion,"held at Saratoga Springs, X. Y., June 21 and 22, last. HON. JOHN CESSNA, of Bedford, Pa., bas been nominated as the Republican candidate for President Judge of the district composed of Bedford and Sum erset counties, this State. MB. JOHN I. GORDON, of the Mercer Dispatch, and Miss Mary McWatty, daughter of Rev. Robert McWatty, of Mercer, were married at the home of the bride on Wednesday morning, 20ult. We unite with the many friends of Mr. Gordon in wishing him a long life, prosperity and happiness. HON. GEORUE E. MAPES, member of the Legislature from Venango county and favorable known in political circles, has become connected with the Petro leum World of Titusville, as its busi ness manager. This is rather an unex pected move on the part of Mr. M., but we welcome him to the press and wish him all manner of success. THE opinion of Judge Pearson on the salary of members of the Legisla ture will be seen in another place. He certainly takes the right view when be decides that "salary" means a certain amount, or pay in a lump, as distin quished from pay by the day or week, which is necessarily uncertain as to amount, and therefore not a "fixed sal ary." RECOVERING. President Garfield is on the road to certain recovery. He continues to im prove slowly but unmistakably. Every succeeding day's news strengthens the hopes and allays the fears of the people. Interesting details, as to incisions made and the probable location of the bullet, will be found in another place of this paper. THA T BARBER SHOP. The Philadelphia Press continues its expose of the extravagance at Har risburg last winter. In a recent arti cle entitled "The Senate Shave" it gives the workings of the "barber shop" the Senators had for themselves, and shows how their locks were oiled and trimmed at the public expense. If it were not proven We would not believe that these toilet luxuries were paid for by the State. But the bills on file and paid for show the following cost of the Senate barber shop alone, during the 157 days of the late session : TOWELS AND TOWELING. Towels formed a conspicuous part of the bills. Under this head are item ized : 9 damask towels at $6 .$ .54 00 crash towels at 18 cents 19 44 "6 bordered towels at $4.50 27 00 2 dozen huckaback towels at $2 4 00 4 doaen towel rollers at s4_ 24 00 1 dozen towel racks at $3 9 00 8 dozen bath towels at sl2 96 00 6 dozen damask towels at $6 36 00 6 dozen brodered towels at $4.50 27 00 75 yards crash toweliag at 18 cents 13 50 Making crash towels 5 00 Total $314 94 IIAIR-BRUSHES AND COMBS. If the Senators had each occupied a separate room at the Capitol, with bath room and barber shop attached, the fol lowing list of toilet articles might have been of considerable U3e and less ditti cult to account for : 4 dozen Clinton hair-brushes at S2O $ 80 00 7 dozen gent's combs at $1.50 10 50 3 dozen Clinton hair-brushes at S2O 60 00 74 dozen Clinton hair-brushes at S2O 50 00 Total S2OO 50 The amount for hair-brushes alone footed up to $11)0 or over $3.75 per Senator. BAY RUM, TONIC AND IIAIR-OIL. 11l view of the fact that Mr. Pelaney claims that all the bay rum and tonic paid for was furnished, it is well that each Senator should know the amount he is supposed to have used. Especi ally is this becoming important, as Mr. Delauey is slow to prove that the rum was set up as charged : 2 gallons bay rum $ io 00 1 gallon hair-oil 3 00 14 gallons bay rum 70 00 5 gallons tonic 15 00 7 gallons l»y rum .05 00 6 gallons bay rum 30 00 10 gallons tonic 30 00 7 gallons bay'rum 35 00 Total $228 00 TOILET SOAP AND COSMETICS. The amount of toilet soap certified as having been received is truly as tonishing. The charge is simply libel ous on the senators, because it implies that they were an uncleanly set, and required an extra quantity of sapona ceous substance to keep them presenta ble : 10 dozen toilet soap at $3.20 $ 32 00 j 6 dozen toilet soap at $3.20 19 50 ; 2 dozen cosmetics at $ 1.(55 3 30 1 dozen iK>made - 1 50 10 dozen toilet at $3.20 32 00 10 tt>s. vasaline soap * 20 00 30 dozen toilet soap at $3.20 f'i 00 3 dozen pomade. - 50 | 25 tt>s. vasaliue soap at $2 50 Oo Total $263 50 MISCELLANEOUS ARTICLES OF TOILET. Most of the articles itemized under the foregoing sub-heads are supposed to have been ordered and furnished for barber-shops, wash or hath-rooms. There area number yet to be classified, wbicb will be grouj>ed under one gen eral head. Among them will be found a solitary flesh-brush. Whether it was used by all the Senators may lx) left for the Senators themselves to tell. It is to be hoped at least that tbey each bad a separate tooth-brush, which, ex cept a fine-tooth comb, seems to be the only article of toilet Mr. Delanev did not receive in large quantities. '■dozen shoe brushes $ 10 00 4 top shoe brushes 60 6 dozen French blaekiug at $1.50 •» 30 1 flesh-brtish 6 0" 5 dozen shaving brushes 25 00 3i pounds bathing siK>nge at $3 10 50 2 looking-glasses 10 00 6 dozen mugs 22 50 35 decorated mugs 1-48 75 12 dozen cup soap 38 40 1 pound bath sponge 5 00 4 dozen shoe brushes 8 00 2 shoe ton brushes 30 6 dozen blacking 6 30 8 dozen shaving-soap 25 60 Total *323 25 The recapitulation of the entire list of articles thus claimed to have been furnished for the use of the Senators for their personal toilet purposes is sl,- 330.19, or $26.60 per Senator, leavinsr the sum ol $1,085.73 to be charged to all other purposes of the Senate, such as keeping the Seuate-rooms clean and furnishing the pasting and folding room." NA TIONAL BANK AFFA IRS. By the notice of Gen. Purviancc. the Receiver of the First National Bank of this place, it will be seen that a third dividend is ready and will be paid the creditors of that institution on demand. This dividend is for 10 per cent. The former one paid by the present Receiv er, Mr. Purviance, was for 15 per cent; and the first one, paid by the first Re ceiver, Mr. Cullum, wa» for 15 per cent; making in all now 40 per cent, paid or declared. This looks favorable for the depositors and creditors of that Bank. And when it is considered that perhaps not one half of the property rightly belonging to the Bank has yet been sold or secured to its creditors, it gives encouragement for the opinion first entertained in this community, that the creditors would or ought to be paid in full of their claims. Much of the proprety of the Bank, or rather of some of its debtors, it is known bad been so transferred, or covered up, or attempted so to be, that made it diffi cult for the new Receiver to proceed as rapidly as some supposed be should. But that all this property will yot bo fully secured to the creditors, we have never doubted. Gen. Purviance's long and well established reputation as an honest man gave assurance to all who knew him that he would do his full duty in the premises. That ho will continues to secure for the depositors and creditors all property of debtors to the Bank, that was in any way dis posed of, or attempted so to be in or der to avoid payment, we have full confidence. He has proceeded so far in the strict line of duty to his trust, without fear or favor from or to any quarter, and when all the property justly belonging to the First National Bank has been searched out and se cured to its creditors, every creditor it is believed will be paid in full, or near, ly so. And this, it is now believed will be at a period not far distant. Found Dead in Two Feel ot Water. OIL CITY, July 27.—8. F Steb bins, a prominent member of the Oil City Oil Exchange, formerly Treasurer of Crawford county, went bathing in tho Allegheny river alone last evening. His dead body was found in about two feet of water this morning. He wan a cripple, having lost one leg in the ar my. His artificial limb, together with his clothing, soap, towel, etc., were found on the bank about thirty feet from the body. The Coroner's jury gave a verdict of accidental drowning. The body was removed to Meadville, the former home of the deceased, this evening. Stcbbins was 38 years old, an Odd Fellow and a member of the Legion of Honor. The Gallows In Leadvllle. LEADVILLE, Col., July 30.—The first legal execution at Leadville took place yesterday morning. Frank Gil bert and Merrick Rosencrantz mur dered J as. M'Cullom on October 3, 1880, in a quarrel about money, llosen crantz was also detected, July 17, 1880, rifling a trunk of John Longmer when he was approached by the owner. Rosencrantz drew a pistol without pro vocation and shot Longmer, who ran, Rosencrautz shooting at hiui all the time. Longmer fell down an embank ment and received internal injuries from which he died. Three days after the men were sentenced great efforts were made to save Rosencrantz, who was a farmer and a mau of some educa tion. The attorneys succeeded in get ting a reprieve for forty days from the Governor. Other parties thought that Gilbert should have a chance, anil pro cured a reprieve for him of the same length of time. Applications were made to the Supreme Court and a new trial was refused. The men did not know their doom for certain until Thursday. At half-past nine jester day morning the men were conveyed from jail to the scaffold outside the city limits, about two miles. A bat talion of cavalary and infantry escorted the carriages, and an immense throng of people followed. The men went on the scaffold with firmness. It was feared that Rosencrantz would not sustain himself, but ho rallied. Gilbert showed no emotion. Spiritual advisers of the Catholic Church officiated. Rosencrantz made a short speech, sav ing that he died an innocent man ; that he never murdered any man, and didn't know Longmer, and that hn K-U suffer ing for the crime of some other majj. t The weights fell at half-past ten, and the men jumped seven feet. Their j aeeks were dislocated. Gilbert never '<&(?* Wn%l*K C moved a muscle. Neither man was married. Tbe crowd was orderly. A J reign of lawlessness bas prevailed in and around Leadville, and it is hoped that this execution will have a salu tary effect. The crowd at thr scaffold appeared awe-struck. Probable Locality ol *lie Hall —l>r. Hamilton's Views on the Subject. SEABIIIGHT, X. J., July 27.—1n an interview last evening at this place, l)r. Hamilton, of New oik, said: "From the examinations which I made yesterday aud the day before, and which were made by other gentlemen of the consulting board, I consider it almost certain tliau the ball has lodged in the right iliac fosse. That is, in the lower part of the abdomen 011 the right side. There is at this point a defined hardness, due propablv to any area of inflammation around the ball, which point is tender upon pressure and quite distinctly circumscribed. Sur geon General Barnes informed me that for a day or two previous pressure upon this point caused a discharge of matter from the orifice of the wound. It is to be presumed, however, that this indicates the presence of the ball deep in the iliac fosse, behind the in testines, and quite remote from the sur face. As the point is situated twelve or fifteen inche-s from the point of en trance of the ball, the ball cannot be sought for or extracted through its original track. Nor con it safely be reached at present bv direct incision. The time may arrive when it may be, or, what is more probable, the ball may gradually change its position, passing lower down in the abdominal cavi:y, and make its exit by some of the natu ral outlets of the body, as many balls have escaped wbicb have been received into human bodies, aud without evpos. ingthe life of the patient to any partic ular hazard. I think and state in this matter what is the general conviction of the members of the Board of Attend ing and Consulting Physicians. A few days may render us more certaiu upon this point, meanwhile, we have nothing to do except to keep the chan nel of the wound as thoroughly cleans ed aud as freely open as is practicable. Of course, doing what we liaii to siiSr tain the patient, it is impossible to state how long it will take to have the ball extracted spontaneously, or how soon it may be proper to aid its escape by surgical Interference." ' "Then you think that tJje chances of the recovery of the President ar.; good ?" "I think," said Dr. Hamilton, that the chances of his recovery are much greater than those of bis dying. He don't Joojf like a man who is going to die. Too mui.li timp, in my opinion, has elapsed since the shooting to admit of any fear that the President will die, unless some totally epexpected acci dent'occurs. You can say for me that I do not believe that he is going to die, although no man can predict that he will not die." OFFICIAL lifct'OUT OF ?HF CONDITION OF THE PRESIDENT. WASHINGTON, August I—B A. M.— The President slept well during the night and this morning is cheerful and expressed as feeling better than at any time sinoe bi! w*s bwrj.. A^P° r the alight rise of yesterday afternoon his temperature became again normal early in the evening and so continued. He appears stronger and has evidently made good progress on the road to re covery in a very few days. His pulse is now S>4 ; towjiCFftture, ; respira tion, 18 D. W. BLISS. J. K. BARNES, J. J. WOODWARD, R. RAYBLRN, I). H. It is possible that to.day and experi ment will be made with the induction to definitely locate the ball. In the last experiment the balance was passed over the abdomen carefully, just after the evening dressing oftfcp >yound, aud when the plate came directly over the spot which was black and blue for several days aftur the shooting there was noticed a slight sensation in the indicator. The indication was not sufficiently decided to admit of definite conclusion that the ball bad been found, but sufficiently so to encourage furthor experiments. Professor Hughes' in vention is warranted to detect about two inches in tho body. Professor Bell claims to have so perfected the balance that metal will be indicated five inches in the body, and with this improved balance an experiment is to be tried. If success oron-Hi the effort, and the ball is where it is vory strong* ly suspected to be, the original diag* nosis of the wound will be upheld. The spot where a faint indication was caused is about four and a half inches below and to the right of the naval, just above the groin. Should the ball be thus located it has been decided to cut it out. By doing so a continuous channel could be made through the President's body, but it is not deemed necessary to efleet this. The location of the ball once established tbp phy sicians will feel still more forearmed, but they will make no effort to extract it at present unless it should be fouud to lie doing mischief. EXECUTIVE MANSION, WASHINGTON, Aug. J, 11 P. M.—The President's case to-day has presented no features of special importance whieh have not already beeu noticed in the ollicial bulletins. Ilis appetite ha* been rather better than yesterday. He haw partaken more freely of solid food, and his bill of fare has been extended to embrace several things hitherto for bidden, iucluding coffee, of which he drank half a cup to-day for the lirst time. The surgeons continue to give him Koumyss occasionally in place ot an equal quantity of milk. Heexpress es a decided liking for it, and drinks it eagerly. The wound discharged freely at the evening dressing and its ance was in every way satisfactory. The usual afternoon fever was light and passed oil' earlier than usual, and the President went to sleep and has been sleeping most of the time since. llis pulse is now be low 100, and his temperature and res piration normal. PASSING A GOOD NIGHT. EXECUTIVE MANSION, 12:30.—At midnight the President is sleeping quietly. Dr. Bliss savs he is getting well as fast as he could wish. —Teachers who want to improve and students who want to become teachers, should attend the State Nor mal School, Edinboro, Pa. It is one of the best in the country, and the ex pense to teachers is only $3 for board and t«ijion. Send green stamp for j particulars, 4. | W.f*s C| s J- A. Cooper, Edinboro, Pa. iiacu: P«.» SUtgwsfc 3, 1881. LEGISLATIVE PA I'. Judjea Pearson and Ifemlerxo i De cide that the, Art of May 11, 1874, is Unronstitut• onnl and Void, and Legislator* are not Entitled to Per Diem Pay. . During the sitting of the last Legis lature a bombshell was exploded in the Capitol that created more of a sensa tion than any event of the session, chiefly because in its explosion it de molished the law giving to each mem ber SI,OOO salary for a season of one hundred days and ten dollars per day for all additional time not exceeding fifty days. Attorney General Palmer, in an opinion given to State Treasurer Rutler, distinctly stated that the act of May 11, 1874, giving legislators a salary and extra per diem pay was unconstitutional, and the State Treasur er had no right to pay any legislator more than SI,OOO. Acting under this opinion, Mr. Rutler refused to pay the extra SSOO to legislators for the extra fifty days' service. As there was no law in existence relating to the issuing of mandamus against State officers, there was seemingly no help for the state of affairs. The Legislature, how ever, passed an act granting the court of common pleas at the seat of State Government the power to issue writs of mandamus against State officers, and under this act, after the Legisla ture had adjourned, State Treasurer Rutler WuS summoned into the Dau phin county court, to show cause why he should not pay to one Charles S. Wolfe, a representative from L'nion county, the sum of SSOO, alleged to be due for the fifty days extra service as a legislator. slr. Rutler appeared in projiria persona and through his attorneys, Attorney General Puller and Deputy Attorney General Gilbert, made answer that the act allowing such extra compensation was uncon stitutional, and he was prepared to argue the case before the court. A day was set for argument, John W. Simonton, Esq., of Harnsburg, and J. M'Dowell Sharpe, of Chambers burg, ' appearing for Mr. Wolfe, and the State Treasurer was represented by the State's Attorneys. Foe two Jayj tbp matter was before the courts, at the end of which time the court took the papers and reserved its decision The opinion of the court, which has been anxiously looked for, was filed by Jfldge Pearson on last week, and sus tains the Attorney General, It ig as follows: The Commonwealth of Pennsylvania ex relatione Charles S. Wolfe vs. Samuel Rutler, Slate Treasurer 193. August Term, 1881. Writ of Application for a per pmtory Maudaipus and Answer Thereto. Rv the Court: The pleadings in this case raise u singly question. Js the plaintiff, as a member of the legis lature of Pennsylvania, entitled to receive out of the Treasury of the State the sum of five hundred dollars in audition tp ;hp salary, mileage, &e., already paid him, for his Services during the session 1881 ? That de pends 011 the constitutionality of the first section of the act of ihe 11th of mpfnbers of thp (Jcnpral Assembly in these words : That the compensation pf members of the General Assembly shall be one dollars for each regular and each adjourned annual session, not exceeding one hundred days ; and ten dollars per diem for time t,eci.»wi}y spent after the expiration of the hundred days; /trovifyj fwtp ever, That such time shall not exceed fifty days at any one session.' Mileage is also provided for, and also adjouru pd special sessions at the same rate per clay. |t }jg popppfjed that the ses sion of the Legislature of ftftiph fil e plaintiff was a menber in attendance, continued for one hundrei) and fifty-eight days, terminating on the 9th day of June. 1881. ThP provision of the Constitution under which this WS. 3 PR acted is iu these words as fountj in spction tight of the second article: 'The piern bers pf the General Assembly sbalj receive such salary and fpilpage for regular and special sessions as shal| be fixed by law, and no other compensa tion whatever, whether for service upr 011 committee or otherwise. \u jpefp ber of either house shall, during the term for which he may have been elected, receive apy increase of salary or mileage under auy law passed dur ing such term.' One main question to be determined js what w'ai; meant by the words, 'sal ary us shall be fupd by Jaw ?' Was it intended to give a salary as generally known and understood, or a per diem Compensation ? or was it intended to give both, a salary and daily pay? Was it to be a fixed lumped sum during one hundred days auu compear sation at the same rate per diem for the next fifty days, or not exceeding that time ? In construing a constitution courts are perhaps not bound down to the form of wV»rds used as jn a private ar ticle of agreement, or even an act of Assembly. It is a form of govern ment. Must he expounded liberally to effect the generul object; must be studied iu the light of ordinary lan guage and the construction placed upon it by the people. 4l\ F. Smith, 200, 2GI. 3 Sergt & Ilawle, 09. A constitution is not made particularly for the inspection of! awyers, but for the milliou, that the/ may judge pf their rights and duties. \V ords are tjut to be used iu their technical sense, but are to have their plain, popular and natural meaning. The State is only bound by their natural meaning. Gibson, Ch. J., 0 W. & Sergt., 114. Now what is the \ lain and natural meaning of the word 'SALARY?' It is a word with which the world—the mags of fhe people, have become very familiar. We riepd not louk into law dictionaries to see how it beep held by the legal profession. It gives us but little light to know that the word was derived from the word 'salt' —a necessary of life, iu which the wages of the Roman soldier was paid; or fropi ' aafa ,' a hall, or the rent of a hall or 'saia.' is it understood by the mass of the people iu this C2JJ!}: try at the present time?—by the En glish speaking people of the United States in the lattef part of the nine teenth century ? Webster defines it to be the recompense, or consideration stipulated to be paid to a person for services, usually a fixed sum by the jear, or for a shorter period. Richard son defines it in nearly the same lan guage Services done at certain times or periods. 'Wages' usually applied to servants; salaries to superiors. Worcester 'says, 'An annual or period ical payment for services—a stipulated periodical recompense.' Toniliu in his law dictionary defines it, 'A recotU|>ease, a consideration made to a person for his pains or indus try in another man's business.' l»un ucl, L. 1)., 'An annual compensation for services rendered, a fixed sum to be paid by the year.' liouvier, L. D., savs, - A reward or recompense for ser vices performed. It is uaually'applied to the reward paid to public officers for the performance of official duties. If we wish to arrive at what was actually meant by the framers of our present Constitution by the section cited, we can gain much information by looking into the registry of their proceedings. In volume one, page 509, we find the section introduced by a committee substantially as adopted. This voted on by the body as an amendment to one in different language. All of the arguments show that the object was to have a fixed salary for the session. An effort was made by striking out "salary' and inserting 'compensation .' This was rejected on the ground that a fixed salary for the session was desirable aud intended. Again, when the matter was brought up as finally inserted, the proposition to substitute * compensation ' as in the former Constitutions of 1790 and that of 1838 was proposed, it was again rejected by a yote of the Convention. See vol. 7", page 313. This was not the mere reasoning of a few members, but the solemn vote of the body. The reason given Ayas that daily pay pro longed the sessions. A legitimate source of reasoning is found iu the change from the former language and the inconvenience felt under it in paying by the day to the salary as adopted. The Legislature of J874 appear iu puatti:ig th* stasia, to have got as far as possible from tlie lauguage of the Constitution, iu using the word "compensation" instead of "salary," aud not only fixing a certain sum of SI,OOO for the hundred days, but also a per diem allowance ror the residue of the time spent. There was certainly no authority to fix on two distinct modes of payment under the clause in the Constitution. We are well awaru uf the fact that the C<>nsi.i tution, as framed, is of 110 avail until voted on by the people, and they may view it in one sense whilst those who framed it intend it in another, but there is no reason to suppose that the same words were intended differently, and to peach the trye intent p.f the ment is to adhere to the words as nearly as practicable, unless it should can. e great inconvenience, or introduce an absurdity. We must uot be too literal in our construction, lest we con flict with the maxim, nui haeret m litlera uaeret in yoritcj, but 111 the present case we consider the latter the wisest course, and least likely to lead to evil or inconvenience. In constru ing a Constitution we may, wiiU pro priety, look into a former instrument of the same general character to see the changes made, aud from them judge of what was intended. In doubt ful cases *»'e may ty'vh pjiopi-ieiy aminine the debates to see what was actually iutended, and into the history of what led to the alterations. The people look into the words used to col lect the meaning. 13 Michigan, 147, 8, to 166. The'different modes of com pensating was considered in Indiana. "It may by fees to sheriffs and certain Was-es to laborers ; salaries to certain other officers, or petsous iq other situations. 10 Indiana 85-6. Again 12 Ohio State It., p. Gl7—lß. "Salary," compensation to an officer for a fixed time) or u may be tiiwfi of service or amount thereof rendered. All of these cases draw the distinction between fees, wages and salary. Few persons would in the present age con joiind the three an a]l ipeaning the sq'i'up thing, yet they inight till °cojne under the word " compensation " as u w pd by the legislature, but could not by any possibility under the Wftrd "salary " as used by the convention, which carefully avoided and rejected j.bp word 'px jfijiensation." It follows, as wp conceive, that si} much of thfj apt of 1874, as fixes a salary for the ses sion of the Legislature is constitutional; fiiat which gives a per diem compen sation iu addition is unconstitutional. The Legislature plight have that thp session shppld not exceed one hundred and fifty days, but the salary must be fixed, aud whether the session lasted twenty days or one hundred and fifty, the salary must be paid. The time aud apiount were both discretion ary, but it could not be salapy and daily pay also, on a sliding scale, a salary alone was provided for in the Cons(.it|itjon. Jf that had npt been declared, the Legislature v»ou)d have had an unlimited mode of payment, as under the former Constitutions, by the yvord " compensation ßy the change of language it is very piaiiifpst l hftt a different method ofpayipeut wau in tended, and the object of the change was clearly to avoid a prolongation of the session, or any temptation thereto A question has been raised as to whether the courts can declare an act of Assembly void iu part 3as violated by the Constitution, and valid for the residue. Of that power we have 110 doubt. Some provisions may be good, others bad, valid under soi|»e state of facts, as violative of the rights pf indi viduals, good against others differently situated. This act of 1874 is consti tutional so far as it gives a fixed sum for the session, whether by the name of "salary " or by another name ; but it cannot give Jjotfi the compensation by thu session, and by t(|e day, op by the day alone. We are well aware of the legal principle that the Legislature can do everything consistent with our general frame of government not pro hibited by the Constitution, and that its power must be liberally construed, whilst the Constitution of the Uuited States must a strict construc tion. Congress can do nothing but what is authorized by express words or necessary ipiplicatjou, but can the Leg islature entirely depart from tfie whole scope and meaning of the Constitution? A system is pointed out iu that instru ment- Can the Legislature instead of allowing a salary fix daily pay ? That conflicts with the intention and is so far void. We are lyell aware that it is only in a clear ease that the courts can declare an act of Assembly unconstitutional. It cannot be declared unconstitutional unless shown to be clearly so. So de cided from 3 Sergt. fc Rawle 09, down to 7 Norris 40. This in various words —See 4 I'arr 123, ;"> Harris 118, 9 Har ris 1(!1, Idem 200, 2 Casey 287, 300, 2 Smith 474, 4 Smith 200, 201, 14 Wright 150, 1(5 Smith 104, down to 7 Norris 40. A host of other cases might be cited to the same effect,. The power and the duty to so declare bag never been doubted in any ease, ex cepting one by .fudge Gibson, in Kak maa vs Kaub, 12, S. and R., 350, which lie afterwards entirely repudiated and lamented having given. The majority of the court differed with him entirely. We are aware that in constitutional questions great weight is to be given to cotemporaneous construction by the Legislature, and that the statute relied on by the plaintiff was enacted in 1874, and has been practiced under ever since, as is said, without question. .. is very true that its validity has never been judicially questioned, but it was greatly doubted and denied by Attor ney Geueral Lear in a very able opinion presented to us, but iu some way the controversy was dropped and never brought before the judiciary, and per haps not presented to the State Treas urer. It is doubted in the argument whether the Court can, with propriety, look into the debates of the convention to ascertain the meaning and intention of the convention, but it has been done on several occasions by the Supreme Judges of the United States, and by those of our Court at an early day, anil even as late as one case iu 9. W. N. of cases, 241, in 1880. We are, there fore, clearly of opinion that so much of the act of the 11th of May, 1874, al ready cited, as pretends to give daily pay, in addition to a sum, to members of the Legislature, is unconstitutional and void. It would be unlawful for the State Treasurer to pay it; tUa Court cannot enforce payment by tuau damus, and the fame must be refused. We leave out of view every question of policy or expediency. Those are ques tions for the Legislature alone, over which the judiciary has no control, and no right or disposition f r Q pu~s judg ♦qeuv, JOUN J. PEARSON, It. M. HENDERSON, Judges. Tlie Catfish Itobbcr*, PITTSBURGH, July, 29.—Georgp W. Jlplsan, land broker, I>. L. South, stock broker, and a man named Miller were arrested here to-day tor negotiat ing nearly $C»,000 worth of stolen bonds, the property of John Con nors, of Catfish, plflfjpp pointy, *tnuelves Indebted 10 mid < (•tute will ple;ise make immediate payment, aud any havii.ir ) claims against said estate will preseut them du- [ ly autbentieated lor settlement. MKS. 8. A. MeGOWAN, Adin'x. I uug3 (it Prospect, butler Co., Pa. j Summer Complaints. At this season, various dis, ascs of the Iwwels arc prevalent, and many livet are lo*t through lack of knowledge of a safe and sure remedy. PERKY I>AVIS* PAIN KlLl.lilt is a sure cure for I >iarrh nfe *urr, an l rtliaiu. So mother should allow it to be out of the fainilv. H. I. KATES. i ftunily can safely be without this invaluable remedy. Its price brings It Wllhiu the reach of all. For sale by all at 50c. and SI.OO a bottle. « * PERRY DAVIS & SON, Proprietors, Providence, R. I. KAUFMANfVTS CHEAPEST CORNER, 83 to 87 SmitLfield Street, Corner Diamond Street, THE LARGEST CLOTHING HOUSE IN WESTERN PENNSYLVANIA. OF MEN'S SUITS at Price List KAUFFAIANNS CHEAPEST CORNER, 83 to 87 Smithfiold St., Corner Diamond St.. $4 "5 lor Men's Blue Flauuel Sails, worth 40- 50. $3 68 to $4 t(l for Men's Matronal Suits. {I ait lu» Veil's Durable Working Suits. 3 iO lo $4 98 lor Men's Chevoit suits *5 30 to $7 00 lor Men's all-wool Business ness Suits, cut by uierehaut tailors. #4 10 to $8 25 lor Men's English Casslmere ; Suits, 28 stjles to -elect from, worth $7 to V (or Men's C.>s*im<>re or Cheviot Pants, '.tie lor Men's Diagonal Pants. 118 to 3i lor Mru's Fancy Ca-t-iiuere Pants new and uobby- patterns. $1 70 ui $3 37 loi Men's Fine Dress Pants. 80c to $1 HO lor Men's Cheviot Pati',*, lb light and medium eo|ufs t Bije u»r Xirii White and Linen Duck Pants. $ I 70 to •> 43 lor Meu's French v\ orsled Pants. $1 (M tor Men's White unit Liueu Duck Pauls. Of MEN'S FURNISHING GOODS, at Pries List KAUFFMAKN'S CAEAPEST CORNER. 83 to 8? Smithfled Street. 13c for Mtn's l'ulley Suspended- por ilngi n lof Vfuu's Ual( tiosc. ije per lor Men's While Ties. IHc lor Men's Summer Uudershii Us. 21e for Men's Genuine Silk Susj eudera. 3c tor Men's While Cambric 11a dkei chiefs, 3tfc lor 80., s' Cambric Of Wt'i'c Viuu 11 ress Shirtg, tor Men's Percale Shirts, light colored, 13 pailerus 8c lor Men's Polka-dot Handkerchiefs. 54c lor Men's Blue Funnel OversUjrltj, 3c pair lor Men's 8 lee ye Uuldcu -5c lor "lye Turkey Red iiand kerchiefs. ?'• for wen's Full Length Suspenders. 31c lor Meu's White Dress Shirts. i*rlce List of Mt'll'S 1I»IN, at Pittsburgh's iTlammoth 4 |o!|ili|g l|oi|se, liaiittiuninrs Cheapest Corner, Straw Hat, ! Black and Liyht Colored Hat# ! Canton Hats ! Straw Hats ! Black and Light Colored Huts ! Mackina.v Hats ! Straw Hats! Block and Light Colored Hats! Saginaw Hats! TO BR SOLD AT OVJUHALF THEIR REGULAR PRIJE. CHRIS. ST o els:, Manufacturer of Tin and Sheet Iron Ware and ilealer in Stoves, Ranges, Tressed, Japanned and Enameled Ware, Granite Ware, Wooden Ware, Bird Cages, anil general housekeeping goods. Rooting, Spouting and Repairing done on short notice and at lowest market rates. The only authorized a;;ent for the sale of A. Bradley «.V ('o.'s well known Stoves and Ranges, and the only place to get the original and genuine odd plates for their stoves, made expressly by them for him. Beware of shaiu plates being sold in Butler, made of old and inferior metal, noue gen uine but from the Agent, CHRIS. STOCK, june 8, '.si. Near Wick and Schreil>er Houses, Main street, Butler, I'a. M. C. ROCKENSTEIN, DEALER IN TREMONT COOK STOVES AM) RAINUKH. ALSO, AtipNT FOR CRYSTAL J-A LACE STOVES AND REPAIRS FOR SAME. Bird luges Tinware. Wood and Willow Ware, Enameled and Granite Ware, Sewer Pipe, Fire Clay Stove Pipe, Grate Tile, Fire Brick and Clay. Roofing, Spouting and Heavy Sheet-iron work done at short notice l>elow market prices for cush. I am also having manufactured to my order, nice clean and smooth odd Plates to fit Bradley's Stoves, which I sell at six cents per |H>UIIII. and 1 will guarantee them to last longer and give better satisfaction than the so-called original ami genuine plates sold by another party at ten cents per )>ound. Give me a call and be convinced. M. C. ROCKENSTEIN, juncls:3m Main Street, Butler, Pa. PITTSBURGH FEMALE CO LEGE, And I'it Islnirtfli Conservatory of JUtisfe. sar ONE HUNDRED FULL MUSIC LESSONS FOR EIGHTEEN DOLLARS. Seven distinct schools. 'I wenty tour teachers. Attendance past year, 87t>. Superior advan tages in Liheial Ails, Music, Drawing and Painting, Elocution, Modern Needle Woik and Wax Work. Charges less than any equal school In the United Slates, Twenty-seventh year opens September 0. Send for new Catalogue to July 20:3t REV. I. C. PERSHING, D. D., Pittsburgh, Pa. (HEAP TICKETS to any point west. I-aml Kxplorprs, Round Trip, First, Sepopd OfTliird Class. (tellable liiloriiiHlion regarding Homestead Pre-emption or Mining laws. Call ou or address K. A. TAYLOR, Cashier Argyle Savings Hank, May 14:0 m l'etrolia, l'a. J _ . ONEIPA, N. Y., Feb. W. 188 L We Turing- it ov*.r thirty year* ago. and it alway* tn. «>n immediate relief, would hardly daro to tco to bed without a bottle in the house. W. O. SPERBT. CONWATBORO, 8. C., Feb. 22, lttfl. Nearly every family in tins section keeps a bottia in the house. DR. L MORTON. _ U. A CONSULATE, CREFELI*. IUIENISH pRr*SIA.Feb. 8,1881. : I have known PEIIRY DAVIS' PAIN KI LLER almost ' from the day it was introduced, and alter years of observation end use I regard its presence in my household as an i*ul'./« nree»* i.'v. X 8. POTTER, V. 8. Cor>suL BUUTON-ON-TRENT. Exd. T ha 1 l)cen eeveral day* suffering severely from 03 tor Boys' English Cassimere tutts, new pattern*. 0Q tn it 10 t»r Children's Fine Dre*s Suits WiUili *a 7ft to $7 00. $1 37 to #3 70 lor Children's Worsted Suits. $1 31 10 $3 98 lor Boys' Diagonal Suits, Boys' Imported Dre.-s Suits, nobby silk pock els and lacings, iu Serge, Trieoi stud Worsted, $3 70 to (7 03. WHITE >ESTS. Marseilles A'ests, l'ique Vests, Duck Vests, Figured Vesta, Linen Vests, Linen Vests, Larred aud Striped Linen Vesta, FKOM 31 CENTS UP. 173 c for Men's Union Casi-iiuere Pants. 11 98 lo t£ 03 l»r Men's * ute ail-wool Cassitnere runts, haiirisotHi' ftiipes and cheeks. ♦ 1 3b to *'4 r