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, *<a.
The details or ibe robbery, which was
committed in the latter part of March
are in brief: Connors, an aged farmer,
supposed to be very wealthy, was
found one morning, together with his
wife, bound and gagged. During the
night some half dozen
had entered tne nouee and after
threatening death and torturing the
old people by burning procured from
them the keys and stole from the safe
sixteen thousand dollars, six thousand
being railroad and bridge bonds. Thp
thieves left uq clm6 until pow none
had been obtained. Yesterday Nelson
negotiated a sale of the bonds which
were purchased for the Citizens'
National bank by J Whitney.
Shortly after the numbers were found
to correspond with those stolen at Cat
fish aud word was telephoned to the
mayor's office and that official had the
parties arrested immediately,
claims to tiaye been acting for Miller
South has been released, it having
been sho vn that the only part of the
transaction taken by him was in sell
ing the bonds. Miller says his home
?s in Cleveland. On uej,sou \ycas q
money order payable toThbmas Roland,
Cleveland. Words were telegraphed
the authorities of that city and Roland
olaced upde arrest- {t is Uelieypd
the robbery was committed by parties
belonging to some of the lake cities
and Miller was sent here to negotiate
the bonds,
The Crime Against tlie Stale.
In support of the very direct anil ex
plicit charges made in these columns
against the Harrisburg plunderers, w£
submit tq-tlay buying
special relation to the vulgar steal
under cover of the Senate barber-shop.
If anyone desires to know why the
State jsJenaM? Is proyidpd W J th a barber
shop and a barber at public expense,
we shall ask him to direct his inquiries
to Harisburg, where they have a com
prpl}eqsivp gpip onjljie of
stealage. Qn the *puc of the moment
it does not occur to us why State Sen
ators more than Judges, department
clerks, policemen or plain gitigenn
should be and pomaded and
powdered and curled at the expense of
the Commonwealth. If Senators
would place themselves iu position to
see how that barber-shop looks from
the outside, and if they would believe
that the people are not willing to sup
port sifch an establishment, they would
incontinently kick it over and have no
more of it.
Supposing a barber-shop on the
Senate side to be indispensable to the
making of good laws fur a free and
proud people, no one except the con
tractors and their partners in crime will
deny that the shop should be conduct*
ed on honest and even euonumioal priu*
ciples, By inspecting the bills for the
last session we find that the people
had to pa}' $1,330.10 for toilet articles
for Senators. The liberal purveyor
seems to have taken it for granted that
Senators arrive at the capital without
so much as a comb, a brush, or a cake
of soap, and that it is the duty of the
State, acting through its ever-willing
servants, to fit each Senator out with a
fllll kit of toilet articles,— Phila. Press.
Truth and Honor.
Query:—What is the best family
medicine in the world to regulate the
bowls, purify the blood, remove cos
tiveness and billiousness, aid digestion
and tone up the whole system ? Truth
and honor pompejs I|S to ans\yer, Ifop
Hitters; being pure, perfect and harm
less. See another column.— Toledo
Blade.
A Traveler'* Story.
After spending months at European
and American watering places and
thousands of dollars looking for health,
I returned home disheartened and
wretched. I had consulted the best
physicians and traveled far and near
without benefit and pxpectecj to die.
A friend urged a trial of Parker's Gin.
ger Tonic. Three bottles and careful
diet have worked wonders and brought
me excellent health and spirits, and
you may publish my experience for
the benefit of similar sufferers.—A
Cincinnati lady.
KNI ate of Jame« Mc(«o wan
Dee'fl.
Letters of :idip inist ration lnyinu teen grunt
ed to (tip p'l.dfrbjgnpfi on t|je estate of Juries
MeOowan. dee'd. late of the boroujjh of Pros
peet, Butler ccuuly, Ha- All persona knowing
tL>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<va. Dysentery, Summer Complaint,
Cholera, Cholera Morbus, etc., and is perfeetlu tafe.
Rou<l the following:
BAINBRIDOE. N. Y., March 22.1351.
PERRY DA VI*' PAIN KILLKR nrr»r /a..'.* to ajfurd
relitf tor cramr and i"*in in t:ie Htomach.
JOSLI'II BI'RDITT.
XICHOLVILLE, X. Y.. Feb. X IHBL
The very b*st medicine I know of for dyiwiU'rj*,
cho i era morbus, and crjtinjtH iu the i*t/»uiach. Hav«♦
used it for yearns and it i i *ure rur* every time.
JULIUS \*. DEE.
MoDiQOKA. IOWA. March 12, 1K8L
I have used your PAIN KILLER in aerere ca**e* of |
cramp. oolic.and cholera morbus .ami it tfave olmutt
mutant relief. L E. CALDWELL
_ CARNESVILLE. Gi., Fob. 2% lSfel.
For tsrerty years I have used your PAIN KILLER
in my family-. Have used it many tim s for bowel
complaint*, r.ntl it ruret. y\ ould net fcs*l safe
without a bottle in the house. J. B. I VIE.
_ SACO, ME , Jan. 22.1881.
Havo used I'ERRY DAMS' 1» A IN KILLER for twelve
years. It i* > 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 <l2.
$0 35 to #8 40 tor Men's, f roiKh Worsted
Suits, Bird Eve asd Basket Patterns.
Si'U) lot' Men's Indigo Vai lil Cloth Suits,
worth #l3.
Of BOX'S and CHILDREN'S SUITS, at
Price List KAUFFMANNS CHEAPEST CORNER,
83 to 87 Smithfield St., comer Diamond Street,
83c for Children's Kilt Suits
$1 87 to #3 118 lor Chiidreu's Fiuerl Kill Suits
n I an d 3 | ieccs
tile lor Children's Suits,
$1 10 to $3 90 lor 8033' Chevoit Suits, some
rare bargains. '
86c10f17510r iX*»«iuiere Suits, 3 to \
H' i ei, vc
Children's best quality Dre s s Suits in Tricot, 1
Worsted or Crepe, elegant lacing aud trim-1
13,000 MEN S WHITE VESTS AND SUMMER COATS!
SUMMER COMH
CChecks, Gray)
Check?, Mohair, Silk Lusters, Mixed,
Striped, &e., &c. All sizes from the|
smallest to the largest,
FKOM 31 CENTS cP.
OF MtiN'S PANTS, at
Pries List THE LARGEST CLOTHING HOUSE
WESTERN PENNSYLVANIA,
V>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
<Larrh<ea. rccomnaniod with intense pain, when I
TRIED your PAIN KILI.FR, and found almost instant
relief. H. J. XOONE.
21 MONTAOC* RT , LONDON, EN O.
During a reside nee of twenty-three yars in India.
I have given it in many cases of diarrhoa, dysen
tery, and cholera, ai*d never knew it to fail to giva
I ri lief. It. CLARIIX* E.
#3 30 to s<l 18 lor Meu's Scotch Chcvolt Suits,
iu nobby 1, 2 and 3 button Cutaway Sacks, light
and dark patterns.
$3 75 lor Meu's Blue and Brown Cheek Cas
siiuere Suits.
#4 03 to $0 89 for Men's Blue Diagonal Suits,
Worth *7 und $lO.
$4 90 to $7 50 for Meu's Extra Chevoit Suits,
light patterns, worth double.
$7 10 to sl3 01 lor M< u's Finest Imported
Tricot, Diagonal, Ac, dSe., iu every respect
!equal to custom made.
miugs, t- 48 to #5 75.
$3 15 to t'-'> 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<o 'or Men's Genuine Scotch Che
\'(ol Pauls, light ereaius HIKI tan colors —the
uiusl -tylish we have ever shown.
Meu's Finest Dress Pauls, in all sidles of goods
worn, of lorei<ni and domestic labries, widu
or spring bolloun-, $3 ti'4 to $4 37.
37c for Men's Silk Front Undershirts.
Otto tor the "Favorite" White Shirt, the best la
the world for the money.
174 c lor Men's FrcucU Cbiulz Shirts, separate
culls,
tflc lor Men's Uulaundricd Uo< d While Sidrta,
41 e tor Men's Lisle Thnad Underwear.
~c for Men's Exlra (Quality Suspeudeis.
139 c tor Meu's Fiue Clouded
jSBJe lor Men's Good Jean Drawers,
tile lor Men's French Chintz Shirts.
!5Dc lor Meu's Heaviest Cheviot Shirts.
; 3c lor Men's Black Bows,
1 Ic dozen lor Meu's Chiuia Ties.
'3lc tor Meu's Kibbed Gauze Underwear.
[ tic lor Meu's Striped Halt Hose.
Kntute ol Jane jn'Candlem,
Dfceascd.
| Letters testamentary vfitl( <*pne*e4
having lipen granted to the under-Igned an tUo
extatii ol Mr*. June Mi Candless, dee'd, late of
Franklin township, Butler Co., l'a., all persons
knowing themselves Indebted to till estate
will make iinmei'iale paymcut aud any having
claims against said estate will preoeut them du-
I ly authenticated lor payment.
DAVID MARSHALL, Executor.
I July 13, 1881. frutpu'i, Butler Co., Pa.