Butler citizen. (Butler, Pa.) 1877-1922, March 05, 1884, Image 1

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    VOL. XXI.
KMtaleot Ho. BarrUkmnu.
LETTER* OT adißici«lrHtio:l NF.I the estate OL
Wrr. B-irm-krotw, de< -1 'ate OF Cotmoqneoes-
LUC TVO . Butler C« ?*•.
TO W the uudrrwt'ned. ail |".roM knowing
TLI'-MTELVF- in<t.BCD to raid EAT.TR* will PU«C
MAKE immediate r.T\U-enl, 'HO liatit-g
claim* TIN- CITF "AM* WI.! prr- ni «u-ti ci*lm«
dulj >MMM< 1 R " R ' P , : • .. ,
KMtAh J BAKUICk M AN. Adiu r.
Mt t.»
A M. Cornelius; At!'y
Kainii- «( I.emiwrd H l*»'
I.AI K * F "iHK 8011 ISO "F B ILK'. DfcC I>.
1,. I't r.« ol A'l'.nli'i ir !•>i. ii,' "i 'l»*
Le„i ~.l >'• i.e '!,«- d. 1M .. i •' "- 11
Kutl.r. Bu lei .ounty. b.viii »> en g
.ed to the iiiioi iM-. nf -. -i I' l'" 1 " k >.»"isr
tlifii.-. i\.-s iudebi. I" •"<1 '• «'U? WI 1 " e
uai. iiiKneoi ile ' ai.d ■ iiv ►
ICMIIU-I I- UIT-:' »TID <»■»'■ «'*• L,UR
claim-duh (tuilv ' ticat'.-d for n"*oi.
< AK<>LiNF- VVISE Adiu.m-tr»tr:x,
Jan.* .M. . Bui.er, t>A
31eJunk u & Giihrcatli, A" }-■
LMiiiooi Joint Hvcabfrr/.
Let Us* o: Admini tr; liou C. T A. ou the es
tate of Joiiri Uoeeaborry, dec'd., LATE ol Alle
gheny towosbip, Batter comity, Pa , hsv.IIE:
been GRANTED to U*l oudarsigped, all peraou*
kcewicj: themsefw* indebted to aatd estate
will nlease CU.''fcc ltnaie«uue payment aud ANY
having claims "gainst pree««l
th.u. duly «^« tic .ted to,
J»«rker» LaLdiug P. I Armstrong Co , P»-
PAL) tie notice is hereby GIVEN that an *PPJL
eaticn win b* mads to the Governor of be
Commonwealth f«* » Charter of iroorpor4U| U
to be called the Woritingnians Building and
Loan Araociation of Butler. The character and
object of which eball be to enable ?«««• »
borrow money on Bono and Mortgage by the
payment of weekly dura. Applies .on to be
made on or about 6th day of M±ROU 'iext.
Feb. 2. *B4. Ait'y for Apj .icanta.
The uudersigned desires to sell Hs fa-ni, locate
ed in the Bald Hidge uil district, Aduuii town
•hip, Butler county. Pa., conwining
of land, a L cleared but about twenty five acre*
which I« in GOOD yonng timber. There are
three oeTer-taiiin»J iprinu» of GOOD water.
Good HOUSOK and B.irn* wilh a splendid TOUOJC
orchard. Near to churches aud schools, aud
within live minutes walk of Marshall STATION
on the P. &W. railroad. For partifulars lO
uuire of ihe u derstenec livinp on the premises.
leb. 27-4T Mars P. O.
West Virginia, '.'CM of tiiese f are located in
the Shenandoah valley, F 'j' uih for liealtlituliie'lS
AMI productiveness. Llß.;tioved (arms at $5 to ATIO
per acre. Coal, tlmhe. »nd Rra/LNG lands, W to
S4O |MR acre. Have afc * larne suitable for
.colonies. For circulars, giving description, loca
tion urice. &c., address J. 11. BBISTOK. Marllns-
L)urg, W, Va. JAU3O-4t.
A 3 run prist mill, near Whites town, this coun
ty. Mill is in goofl repair, lias both steam and
water power. Gcod dwelling and other
necessiry builduiKion the premises. Rimnini; ex
pense very low. Good reason for selling. Musi
be sold before Ist of A »ril Only th.vsa who mean
business need address for particulars.
W. L. ALLEN, Wliltcstown, Pa.
18 Acres of land. Willi l«n:e two-story b'ich
house and larjje ban tli r-on > rented. Go."
orchard; mitia'-d in Butlm 1 «|>. But er .ciuutv
Pa . Mlj ii -ii(. B .nor b .rniii li on the -.nt i, a
be Hold Hid mi ra \ it tin- For partial!
lars imp.lie > f l.ev 3ItQ-iiet* !, ii. Lhij Butler. I••
On the Strd of Jatiuar . on ihe road fron:
S IUII> ale Slatloi. loll)'* lli'iiv O-dali- M I" Ch reii
a p >-keibnok about four be-hes lons n\ two
and h half unto, an i coiit lining one hundred and
tWeutv dollars -;our r.M'ii: •' dollar yo •' pi> "-
two ten dollar nold pices. and tli- balance in
not •- <. An\ p<T'fl» liuding -iinl retu, ninL'the book
and inon<-y to ine. at I'.rowti'-rtMie or leaving il
thi-i otllce <:jn lev.' for M-. - r her trotiH.:.
Brov.'tisdale. lJutlerCo.. Pa.
flOt'SE l.\D LOT FOIt S AL.fr].
Two-Storied Frame House
ol tlx room.-*, cellar, cut hongca and two
lots of gioaud in Bntlcr will b told on reason
able terms. Cali at office of
Mar-Ulf. Hiitier Pa.
Rochester, N- T.
Fruit and Ornamental T-ec*, Hbrnbbery,
Rose*, Creepers, etc.
Moore's Raspberry, P'<« klir „ton apd Em
pire State Grape, an J oilier choice varieties ol
all frniu.
Brownsdale, Butler County, Pa
«J. IT. Htevcljwoii A Co.'s
100 Fifth Ave.. Pittsburgh. Pa.,
Offer for sale a No; 1 Block or Grain Farm in
Peoria Co., 111 , near railroad and river; baa
three houses good barn, Ac,, oontaiss 350
acres. Price *BO per acre. Also a fine farm
near New Castle, Pa . of 60 acres; a good dwell*
ing and bam. with orchard; No 1 land; also on
earns is a large storehouse with a stock of gooda
worth about 500, all in best of order; value
of farm snd goods t'J.SOO, would excha. ge,
Beud for free list of properties f6.H-l.ly
John L. Jones, Auctioneer,
All orders will receive prompt
f6 3m
Tb« subscriber Continue* Ihe making of bricks
conmioo. pavement, bay v.iiulow and other qual
ities at hH mln on th- F.'ilr Ground road, half a
mii>- wi-sl of Enter He will keep on hand a lot
of bricks at all umes. H»- will also make and burn
brick in ibe country for anyone .leMrini* to h»ve
them made on tln-lr own f-'rin or premises.
As lie Intends earrvimt on the brick making
business, h" ir.vlt.'s the , n-ioin oi all. promlsiiiK
to Rive entire >ati*f *clion lo all who may patrou
lze nun.
All order* proinptly till'-d at reasonable rates.
Call on or address.
mar/s-'S3 Itutlwr Pa.
Dr. Frua'e'3 W Ti r Cure Es
Abe ill h tn-i i u- >• i-I. y»r F->f
ne.'l iv ill kindf ol . • i. it s '•• aod «w
--pi-cially Ineoisea- •ot • men Or AAT ALL
BEA.-I»X«. Ctrcui ••» :re.' \ I Ires*.
jylH-lv N"W H'MV. to, Pa
I l.n|;<lL :fU*l'Hl\l I-f i!MKI«. • 1,1— *
v/imviOi Wphii |'<
tiub»crit>e lor tbe Cixizkn
ittn I:TI IS DK
I |j4^
Pattereon, the One Price Clothier and
Oentu' Furnisher has a Fine Stock of
new Winter Clotbiog for M*D9\ Boys'
And Childrens' Wear at one extremely
Low Price to all.
Dolly Block, Butler, Pa.
Planing Mill
Lumber Yard.
S. 6. Purvis & Co.,
Rough and Planed Lumber
Brackets, Gauged Cornice Boards,'
Wear German Ohnrsh
i»t:i*.M i 'v ' \r rifi
\i o 1> R-s ll< iii siinc irivon l»v A*'NIE V
LOW MAN N.»rlh -tuct, Biilli r. Pa
h: x i > obi t i a IST
Visitors stu-uM ii"t I'HII to cill snd examine I
the l.irui'St and fim st stock of Imported ai.d
I>iuii«' iii- Liquors in the at
Mai HU'iii, iVricral Slreei,
Allegheny City, Pa. Opposite Fort Wayne ;
Passenger Depot.
Hard Wood Furniturs
tor saic at extremely low figures, A great
variety oi Beds. Table*, Chairs, Ciiiidrcna'
Chairs, Ladies' Rockers, Enlra Heavy Arm
Rockers, Marble and Wood Top Parlo: T:.bles
Bureaus, Bt»uds, Double and Rlngle Lounges,
Spring Mattresses, Ac., &c., at
North Jfaln Htreet,
Most Extensive Pure-Bred Live Stock
Establishment in tbe World !
v. , " >?
•' fro
Clvdfidatt, Prrrhtron-Normani English Draft
Horttt, Trotting-Bred Foadrtm, Shetland
Ponies, Holttein and Devon Cattle.
Our customers have the advantage of our
many years experience in breeding and import
ing larce collections, opportunity of comparing
different breeds, low prices, because of extent
of business, and low rates of transportation.
Catalogues tree Correspondence solicited.
fpringboro, Crawford Co.. Pa.
Mention CITIZEN, july2s-ftm.
Henry Leibold,
; Continue* the Livery B'min'WH on Jefferson St.
| first door below Binkel <k Gallagher,
i Good rigs, first class team* always on hands
Florals M on reasonable terms, also horpc*
; bonght and sold. oct3-ly.
P»«r«» Ur -«l Mo<k.
The nnd«rri»/n»<d hav«»
Ptwp l ! Hr.i-. a inir»* fj hull. OM» ami
« hiilf vwirHo! t a i-1 ui»i hw 12 ' r i norni'ln. w-'iich
ca*> b* wei nt the farm «,f John Weber. in Peun
t'uv'i hin a - my tiino Tonus 'I r»«h or
cha-ged. J A Paivtfb,
J"ir» Wmr.n.
f .- -r- • --CTTT- . r;. T.- - _
I%V \ r
i ill
Advertising Cheats.
"It has become so common to write
the beginning of an artiek in an ele
gant, interesting manner,
' Then run it into an advertisement
that we avoid all such,
"Aud rimply call attention to the
merits of Hop Bitters in as plain, hon
est terms as possible,
"To induce the people
"T-t give them one trial, which so
proves their value that they will never
use anything elt-e."
• The Ki-MTDY FU favorably noticed
in all the pnper!<,
,'ii«ligii>us iitid pecular, is
••Having a lurfje aLd is sup
planting ail other medicines.
"There is no denviutr the virtues of
the Hop plant, and the pn prietors of
Hop Jiittem have shown great shrewd-
n eaS
'And ability
',lu compounding a mediciue whose
virtues are so palpable to every ones
Did She Die?
•■•"JUP l«ifpred and suffered along, pining away
aU tiie tinifc tor yeaii.t'
The di-ctors doui* her no gi-cd
"And at laet nan cured by this Hop Bitters tUe
papers HSV KO iuuch about'"
••lnceed '. lndteu ! "
"How thankful we «houid he for that med
A Dp fighters Misery.
"Uleveu year* our danjjtim* suffered on a bed
of misery,
"Fron' a conoj.lication of lidncy, liver, rheu
matic trouble and Nervous debility,
"Under Ihe care of the best physicians,
"Who gave her diceaee various n. mes,
"But no relief,
' 'And now she is restored to us in good health
by as siinble a remedy as Hop Litters that we
had shuned for years befure usemg it."—Xuc
Father is Getting well.
"My (fdiignt|:r< adj ;
• Mow much better father is since iie Hoc
"He is getting well after his long suffering from
a disease declared incurable"
"And we are so glad that he used your Bitters,"
▲ LADY of Ltica. N". Y.
The only known specific for Epileptic Fits.-hSi
for Spasms and Falling bickness."&ja
Nervous Weakness quickly relieved and cured.
Equalled by none in delirium of fever."®#
,» germs of disense and sickness.
Cures ugly blotches and stubborn hlood sores.
Cleanses blood, quickens sluggish circulation.
Eliminates Boils, Carbuncles and Scalds.-®#
trf-Permanently and promptly cures paralysis.
Yes, It Is a charming and healthful Aperient.
Kills Scrofula and Kings Evil, twin brothers.
Changes bad breath to good, removing cause,
r»~Ko nts biliousness and clears complexion.
Charming resolvent and matchless laxative.
It drives Sick Headache like the wind.-u*
X*TContains no drastic cathartic or opiates.
Promptly cures Rheumatism by routing it."S#
Restores life-giving properties to the blood.- fc*
Is guaranteed to cure all nervou< disorders.-®#
when oil opiates fail.lt#
Refreshes the mind and invigorates the body.
Cures dyspepsia or money refunded ."K#
in writing by over fifty thousand
Leading physicians in U. 8. and Europe."®#
Leading clergymen in U. 8. and Europe.'®#
Diseases of the bl>od own it a conqueror.-®#
For gale by all leading druggists. £1.60."6#
The Dr. S. A. Richmond Medical Co., Props.,
St. Joseph, Mo. (2)
Chas. N. Crittcnton, Arcnt, New York City
From thesis sources arise tin ce-fourths of
the diseases of tno i.uuiun ivce. "lhese
symptoms indicate their existence: L»i< ol
Appctltv, liutvtla cONlirr. (tick Head
aelie, fullne.s alter « version to
• ■•rtiun Of lioilj «r miiitl, Kiuctalloa
of food, Jrj liability of temper, Low
spirits, A feeling of liavliiff neglected
■••me duty, l»l«l itu, l imit ring at the
Hrart, hat. before llir ryci, highly col*
orsd Urine, t OSIHTIPATIOS, and de
mand llie uso of a remedy that acts directly
on tho l.lvor. Aa a Elver medicine TUTT'II
ULIJ have no e,jual. Their action on the
Kidneys and Skin is also prompt; removing
all impurities through these three " tcav
•ngrra of the system," producing appe
tite, Hound •iitcesiion, regular stools, a clear
■kinand a vigorous bodv. TCTT'N P11.1.M
cause no nausea or griping nor interfere
with dailv work and are a perfect
"I have hail Dyspepsia, with Constipa
tion, two years, anil Lave tried ten different
kinds of pills, and TL'TT'S an; the first
that lmve done inu any good. They have
cleaned me out. nicely. Mv appetite 1s
splendid, fond digests "readily, and I now
have natural pannages. 1 loci Ilk-- a new
man." W. I). EDWARDS, Palmyra, O.
f»uldsv»rywliere,aßc. Office,44 M»rraySt.,N.T.
stantly to a CiLossr ULAI K by a single ap
plication of this DTE. Sold bv Druggists,
or sent by exjiress on receipt of 91.
Office, 44 Murray Street, New York.
The undersigned intends to remove to Rutler on
the Ist of April next, and hereby informs all per
sons, that he win be prompt in executing any
work that tnsy be entrusted to his eare.
Work executed in the best and most satisfactory
manner. (Jive me a call.
jan.'MMt. JOSEPH 15. PIZER.
Bricklayer and Contractor.
Estimates given on contract work. Resi
dence, Washington stroet, north end, Butler.
a. jan2.ly.
"VWst Chester, Pa.,
Fruii, and Ornnii'cni'il Tin», t*hrabl>ery.
KI.M- , ~ en-
J \ VI ADA vi-s.A rent
in" 'I 3 llinl r. II
Union VV'<>«>ten >lill,
11 I I I,k.t'.Kl'O.V, I'rop'r.
Hanufaetarei oi Buinn, fusmu,T<wt,
A Also IjntODl worh llotlt tl' orilrl, sill '1 llr
c:<'diii>. Kolle, waking Blankets, Flanoela, Snit
in,, ami W Yarns, Ac., it very low
prices Wool worked on the shares, it de
strej. 7-ly
A Thesis on the License Laws of
No truth is more clearly visible, to
the mind ot the student of jurisprudence,
than that mutability is written upon
every hutnau statute book. It may be
assumablv said, that from the inception
of manv acts, passed by the General
Assembly of this Commonwealth, no
system or class of laws has undergone
greater variableness ; caused more un
told disturbances, and formed a multi
plicity of judicial and extra-judicial
opinions, th»n the acts of assembly,
relative to the license system, in the
licensing of hotels, taverns, inns, eat'ng
houses, for the accommodation and en
tertainment of guests, boarders, lodgers,
strangers, visitors and the travelling
The license question, in the State,
lor a series of years, has been a subject
of transcendent importance. The great
public and private interests, pro and
con, have been fraught with vexatious
and replete with difficulties. Even
judges and advocates have been har
rassed and hectorcised, ad infinitum, in
their efforts to construe and determine
the intentions, cherished in the Drea»t
of legislators, in the discretionary
power of granting or relusing a liceuse.
And most truly, may it be observed,
that Senators and Assemblymen in
this eouiu)ou«yeaiih, for the past de
cades, have been censured aud adulated
and ostracised, by one class of the pop
ulace, in failing to pass statutory acts
favoring a liceuse system, then by the
other class for acceding to the behests
! of antagonists.
The changes and fluctations, indeed,
have been grievous, marvelous and per
plexing. The fair-minded and impar
tial student, upon a full and caustic in
quiry, ia lead to the irresistable con
clusion, that as partv tendencies have
prevailed, as reform movements have
ascended, then was shaped with abso
lute inevitability the legislation of the
State, relative to license or its abroga
tion. When the temperance move
ment rose to its flood-tide, and the
] liquor interests receded, then license
i acts were repealed in almost prohibi
tory terms, aud vice versa, when the in
terests of liquor leagues, and license
acts were brought into activity, when
successful with the electoral franchise.
Tbe fact can ndt be controverted, that
these interests have, with unappeased
hatred, dimetrjcally opposed each other
They have grappled most desperately;
i one contending for absolute prohibitory
j acts of legislation and the other with a
; burning zeal that nothing could lessen
or abate lor their enactment and pass
age. And herein consists the marvel
-1 ous peculiarities, the pro and con, of
the prohibitory and the license systems
A perusal of the pamphlet laws will
I inform the student that the act of 1834
; remained a stable and almost an undi
visive law for a period of twenty-one
; years, and its supplemental changes
were slight aud immaterial. It may
be affirmed tbat during the continuity
of tbis act of assembly, harmony and
tranquility prevailed, while courts and
ye> uj iury were allowed to pursue "the
even tenor of their way." In 1855,
upon Ibe htels of tue great temperance
reform movement, that swept like a
besom of destruction, from the
statute book, followed the repeal of the
act of 1834. in terms nearly prohibitory.
The Senate and House of Representa
tives were compelled, unconditionally,
to obey tbe mandates of an ardent con
stituency in almost restraining tbe
passage of liquor acts, gr«ntiug a
license. The new act went into effect,
with great eclat and glitteriug promis
es, and it seemed that a new dawn of
civilization and refinement was shower
ed npon the commonwealth, but dole
fully was it to be recorded, that 'ere a
fortnight elapsed, the law tbat was
looked upon with brilliancy of success, 1
was obnoxious and must vigorously
derided and saterized contemptously,
as the "templars'-little-brown-jug law:" :
And it was demonstrated that the man
ufactures of liquors, etc., were reaping
their harvest and gathering in the ;
skekels, aud entailing greater misery, I
distress and humiliation, than under a
lawfully authorized license system.
The cotisenuences followed, that the
"little-browu-jug-law" was of brief l
duration and waß over-thrown most re
morselessly, by the act of March, 1850, i
passed through the indefatigable activi- ;
ty at the polls, over the entire State, by !
an organization known as the "Liquor ]
League." Tbe license act of '56 was i
subjected, however, to many changes
and modifications, and not until 1872
waß the State again stirred "from centre
to circumference," from pit to dome and
pillar to corner-stone, with the fury and
agitation of the people, pro and con,
over the license question. The Senate j
and House trembling like aspens, fear
ing an infuriated constituency gave
partial relief in the passage of an act,
styled tbe "Local Option." Tbe all-im
portant question for license or against
license was then submitted trienniallv
to a popular vote. Yet the "Local
Option" act contained a proviso, that
could not be construed to repeal or
affect any special law prohibiting the
sale of intoxicating liquors or to restrain
the granting of license. The act tri
umphed with small majorities in some
counties, indeed, very few, if any cities,
and remained in force for three years.
This Act sprung upon the judiciary
the question of constitutionality. In
many judicial districts in the State,
eminent jurists, distinguished in tbe
the profession, seriously questioned the
constitutionality and the unconstitu
tionality of the act Here and there
were found Judges, who held inexora
bly tbat "local option" was a flagrant
violation of organic rights, and of an
unconstitutional character, inasmuch,
as it delegated tbe legislative power of
tbe common wealth to a popular vote.
While on tbe other Laud, Judges
equally celebrate', with parity of rea
son, maintained tbat "local option"
wa>just, meritorious and constitutional.
In 1x75, three years subsequently, the
S» naie and House at Hirrsburg, by
an 'inlinitismally small vote, repeated a
portion of the "local option"act, >nd in
corporated certain prerequisites and pro
visions of the acts and supplements of
1858 and 1867, enacting that all ap
plications for liceuse be predicated on
the same footing with a right to file
objections, in the nature and character
of a remonstrance against the granting
of license, by the Court of Quarter
Sessious, upon good cause shown "BV
As we proceed, it may not be amiss
to transcend to a few details and par
ticulars. If the petitioner or applicant,
who applies for a license complies with
the prerequisites cf the acts of assem
bly aud showing to the satisfaction ot
the court his fitness, and sustains a
good moral character and of temperate
tiabits, and is provided with the neces
sary hnuse room, the hotel, inn, tavern
or eating-house is absolutely necessary
for the entertainment of guest.-, board
ers, strangers and the travelling public;
where facts and evidence of a pre
pondenting character is adduced, it is
discretionary in the breast, miud aud
conscience of the court to grant or refuse
such applicant a license under the acts
of assembly.
It mav be parenthetically alluded to,
that it is well established in a republi
can foroi of government, lilfe ours,
where the power is derived from H)ts
will of the people, by virtue of an or
ganic la>v, the constitution, formed by
the soverigus of the land, in their wis
dom ordained three distinctive func
tions, VIA; the legislative power, vested
in the General Assembly ,t:onsi«ting iu
a Senate and House of Representatives,
with inherent power, from the people,
to pass good, wise aud wholesome laws,
regulatiug and governing the affairs of
society, protecting the weak, shielding
the wayward, checking the violator,
punishing the wrong doer, sustaining
the rights of personal security; ail
these requisites are vested in the ser
vants of the people the functionaries
of the legislative power.
The supreme executive power is
vested in a Governor, who shall take
care that the laws be faithfully ex
The third, yet not diminutive power,
is the judicial. Their province is to
call to aid and requisition all wisdon,
discernment and well-seasoned knowl
edge, acquired by dint of application
and legal industry, in order to construe,
interpret and to give the signification
of the laws, the intention iu the breast
of the legislator at the time of making
the laws, whereby the people,
whole people, are to be governed, se
cured and protected Judges are sim
ply tbe mouthpiece of all the acts of
General Assembly, and they are bound
morally aud legally by an oath and
good conscience, to preserve all sacred
human rights, and keep laws intact, as
placed upon tbe statute book. And
the judges are strictly, to all intents
and purposes, the servants of the Sen
ate and House of Representatives, aud
behind the General Assembly, over
and above the legislative power, we
find the supreme, irresistable, absolute
and the uucontroieduble authority, the
jura summit imj>e>ii, the rights, the
transcendent power of sovereignty,
where the will of the whole people re
side. Hence, it is the people, "the
majority of the people" for ages, in all
republican institutions who govern,
and it is the great bed rock upon which
rests the pillars ol this grand aud
glorious Common wealth, and must
control tbe destinies of all human re
publics. It is the "majority rule,"
like a nwnumentum acre perenniu *,
of the electoral franchise, who choose
and elect their powers, legislative, ex
ecutive and judicial. And this great
and sacred American republican theory
will never iu the State or the country
suffer the sceptre, "majority rule," to
pass out of their hands.
The servants of the people are chosen
by their free out-spoken ballot, and
for the people statutes are ligislated,
enforced and construed If a i Act of
assembly be bad, injudicious and ob
noxious, then let tbe people and tbeir
servants vigorously enforce it, and tbe
same power that gave it birth and ex
istence, can equally abrogate aud re- ;
peal it.
The Senate and House, comprising
tbe legislative power, have seen fit aud
proper to enact a system of laws.
These acts of assembly require certaia !
specific prerequisites to be pursued by j
tha applicant for license. The law re- I
quires of him a prima facie case. And '
wherein docs this really consist? Let j
it be observed in detail, because gener- i
alities are apt to mislead and distract. ;
Some minds, apparently, may be fam- ]
iliar with these prerequisites contained \
in the forms and acts of assembly, yet i
the minas of many are biased, chimer
ical aud fastidious and press for speci
fications. |
The applicant or petitioner who
craves for a license, under the acts of
assembly, Ist must be a citizen of the
United Stateß; 2d, a person of good
moral character; 3d, a person of tem
perate habits; 4th, must have sufficient
bouse room aud dormitory accommoda
tions,exclusively,for the entertainment
of guests, boarders, lodgers and the ac
commodation of the travelling public;
sth, the general body of the petition
must be printed, with the blanks fiiled
in, and must be verified by an oath;
♦itb, it must contain a certificate of
twelue good, reputable citizens, in the
vicinage or neighborhood where the
hotel or eating-house is proposed to be
kept; 71b, the certificate of tbo twelve
citizeus must clearly show and certify
that the applicant is a person of fitness,
the bouso is necessary for the enter
tainment and accommodation of guests,
lodgers, strangers and tbe travelling
public; Bth, must also be accompanied
with a bond in two thousand dollars,
with good freehold sureties, for the
faithful performance of the trust and
preservation of the law; fHh.lhe petition
must lie presented lothe clerk of the court
ol (Quarter Sessions for filing and placed
amoug the recorls of the county. It
is the business ol the petitioner to see
to it personally or by his counsel for
him, that his application is in due
form aud tills all prerequisites of the
acts of assembly. VVnen once on
file its character, legally, is prima facie,
and is a public record, and as such is
subject to open attacks and th»- aggres
sion of HIIV person, upon a leg-il tech
nicality as well as upon a stinging de
merit Many who oppose the grant
ing of license by the Court of Quarter
Session, flippantly have said: why
can't a petition be granted by the court
to keep a hotel or eating-house, and
exclude the sale ot liquors, etc Any
p rson in the State may throw open
his house to entertain aud accommo
date guests, boarders, strangers, travel-
and descriminate who the inmates
may or tnav not be. for entertainment
aud accommodation, and the law has
no power to interfere directly or indi
rectly. But the acts of assembly
passed by a Senate and House, incor
porated the power to vend liquors,
wines, ale, beer, etc, spiritous and
malt, as an incident thereto; and no
court of any judicial district in the
Slate, can exercise a power that would
be arbritary and extra judicial A de
cisive measure or opinion, by a court
of judication suppressing an act, would
uever be tolerated aud would be a
malfeasance of office
Now it rests imperatively upon the
people to see to It that the spirit and
the reason of the acts of assembly, rela
tive to the granting or refusal of license,
is taken care of and faithfully perform
ed. The great object, the sole purpose
aud the ultimate result of all law.
nestles iu the rea.-on and spirit of it.
Go back to the misty regions of the
past and you *\ ill lie taught by poiuts re
no wued ineradition and legal lore as well
as the poets and tin n of profound learn
ing, that "law is the perfection ot rei
son," and in this day aud age of intel
ligence, refinement aud christian civili
zation the DICTA is just ad inexorably
true; thai where reason fails to exist,
then law is abandoned, suuk, gone for
It is the spirit and reason of the acts
of assembly that must be carefully
weighed and vigorously pursued The
perso'i in the possession of a license,who
vends and sells liquors, wine, or beer,
indiscriminately to his neighbor, or a
minor, or a man of known intemperate
habits, or a lunatic, or one who has
been declared judicially an habitual
drunkard—the frail bull grinding on
the bottom, moving and crawling like
a loathsome creature, uoue on the earth
or beneath its sur.ace, so repulsive or
more pitiable; such a creature—a
drunkard, was never born ( but is the
Greutiqn of man—or if a person of a low
vile depraved nature, neglects to pro
vide wife and cbildreu with the com
forts and necessaries of life, and pays
over the last dime to satiate a morbid
appetite and quicken a habitated brain,
with drink, then common justice, the
rights of humanity seasoned with the rea
son and spirit of the law,steps in,revokes
the license, inflicts tt>e penalty and
reuders the violator powerless to do
evil in the community. Courts have
always construed the acts strictly, and
when the facts and evidence were ad
duced showing just cause, licenses were
immediately revoked and the penalty
imposed upon the offending violator by
the court.
The arts of assembly have also pro
j vided and prescribed certain additional
I prerequsites controlling the license
j system in this conjmonwealth. That
i after the applicant has fil«-d his petition
j praying for a license under the acts of
: assembly, a prerogative is granted to
| any person, an invitation as broad and
boundless as the waters of nature her
self, to any pt'ruon, to pieparea petition
in the nature and character of c. remon
strance, supported by facts and evi
dence to the satisfaction of the court, to
reject the applications, petition and per
emptorily refuse a license The law
requires a clear and indisputable proof
to overcome the prima facie cas«> of the
petition and the twelve persons who
hove certified to the due forms and pre
requisites of the arts of assembly. If
the evidence tends substantially to
show what has already been descanted
upon and predicated, then no court,
with a sound discretion, would violate
the interests of the law-making power.
The discretionary power vest, d in the
court, is truly a serious, as well as a
delicate one. No branch of legul
science <>r jurisprudence has been so
elaborately and eloquently discussed for
years, as the or refusing of
license under Pennsylvania arts of as
sembly The abilities of jurists, divines,
temperance advocates, platform lectur
ers and an honest and conscientious
yeomanry, have been baffled, pro and
con, with the all-prevailing question,
the license system in the State And
it is an incontrovertible fact that in
some judicial districts in this common- '
wealth, certain judges who are honest
in their convictions, hold the law to be
obligatory upon their conscience, and
in the exercise of their discretion to
grant a license to e/ery applicant, who ;
brings an application within the due
l'orms of the nets of assembly. Then
in other districts, equally honest and
sincere judges learned in the profession,
hold most inexorably with an iron
hand that under the same acts, they
are not bound to grant any license
whatever. C'learlv neither of the posi- j
tions are, judicially, well taken, or just
and reasonable autl within the spirit of
the acts as found in the breast of the
legislator, "by signs the most natural
and probable," at the time of making
the law
The province of the judges of the
Court of Quarter Sessions is to exercise
a sound, broad discretion upon the
merits of each particular case Tbey
are to patiently bear, investigate and
with discrimination all the facts and
evidence and weigh them judiciously
in the scales of justice with the golden
wand of discretion.
As the liquor acts to-dav exist in the
pamphlet laws of Pennsylvania courts
with a sound discretion must determine
upon the fitness of the applicant, the
necessity of the house, for the accom
modation and entertainment of strang
ers. guests and the travelling public.
No court in the State can say arbitrarily
or even arrogate to itself the propriety
or the improprietv of who shall or who
shall not have a license. The question
to all intents and purposes is of a leg
islative character purely and not a judi
cial riebt in the mind, breast or con
science of the wisest or the sternest
judije. Courts sit to hear, to interpret
and to administer the law as prescribe»4
bv the acts of general assembly, aud
huve no power, immediate or remote,
to add to or repeal it. "Judicesest
jusdicere non dare."
The pamphlet laws of the State say
that licenses shall exist and that the
Court of Quarter Sessions must ascer
tain, with sound discretion, who shall
and who shall not, frou the proof and
evidence adduced, be entrusted with
the power of a license. This discretion,
the law in its wisdom prescribes is to
be exercised, primarily for the good of
the public and secondarily for the me
diate or immediate private interest
Judsfes must perlorm a duty under
the oath they have taken. The Senate
acd House at Harrisburg have enacted
and, by law, caused to be promulgated,
the acts of general assembly, relative
to the present license system. Hence,
iu the nature ol things, it is binding on
the good conscience and unskaken in
tegrity of every Judge in the state, to
preserve, to vindicate and keep intact
the laws, until repealed by the general
In line, Judges who fill ihe bench,
of the sevtral courts in the t ommou
wealth, are simply the expositors of
our laws, while we, tbe people, are the
ouly true conservators.
Butler, Pa , Feb 27, 1882.
Unwritten History of the War.
I i tbe lest volume of Thurlow
Weed's reminisceuces there is much of
hi herto unwritten hutory Among
Mr Weed's papers was found the fol
lowing :
It will beremembertd that early in
the rebellion a Russian fleet lay for
several mouths in our harbor, and that
other Russian men-of-war were station
ed at San Francisco Admiral Farra
gut lived ut the A«tor House, where he
was frequently visited by the Russian
Admiral, between whom when they
were young officers serving in the
Mediterranean, a warm friendship bad
grown up Sitting in my room one
day after dinner Admiral Farragut said
to his Russian friend : "Why are you
spending the winter here in idleness ?"
'I am here," replied the Russian Ad
miral, "under aeuled orders, to be brok
en only In a contingency that has not
yet occurred " He added that other
Russian war vessels were lying off San
Francisco with similar orders. During
this conversation the Russian Admiral
admitted that he had received orders
to break the seals, if during the rebel
lio.j we became involved in a war with
foreign nations. Strict confidence was
then enjoined.
"When in Washington a few davs
Inter, Secretary Seward informed me
that he had asked the Russian Minister
why his Government kept their ships
of war so long in our harbors, who,
while in answering he disclaimed any
knowledge of the nature of their visit,
felt at liberty to say that it had no un
friendly purpose
"Louis Napoleon had invited Russia,
as he did England, to unite with him
in demanding the breaking of our block
aJe. The Russian Ambassador at
London informed his government that
England was preparing for war with
America on account of the seizure of
Mason and Slidell. Hence the two
fleets were immediately sent across the
Atlant'C under sealed orders, so that if
their services were not needed, the in
tentlo s of the Emperor would remain,
as they have to this day, secret. It is
c rtaiu, however, that when our Gov
ernment and Union were imperilled by
a formidable rebellion, we should have
found a powerful ally in Russia had an
emergency occurred "
The latter revelation is said to be
corroborated by a well known New
York gentlemen, who was iu St.
Petersburg when the rebellion began
aud who, during an unofficial call upon
Prince Gortschakoff, was shown by the
Chancellor an order written in Alex
ander's own hand, directing his Admi
ral to report to President Lincoln for
orders iu case England or France sided
with the Confederates
Man Always the Same Animal.
George Ticknor Curtis says iu the
Manhuttati Magazine: The most
splendid specimen of the Caucasian
race that the civilized world can show
to-day has no more organs, boues,
muscles, arteries, veins or nerves thau
those wnich are found in the lowest
savage. He makes a d'ffereut use of
them, and that use has changed their
development, and to some exient has
modified stature, physical, intelectual
and moral, and many other attributes;
as climate and habitj ot life have modi
fied complexion, the diseases to which
the humau frtme is liable, and many
oth u r peculiarities. But if we take his
toric men, we find that in all the phys
ical teatures of his animal construction
that constitute him a species he has
been esseu'.iallv the same auimal in
all states of civilization or barbarism.
And unless we boldly assume that the
prehistoric man was an auimal born
with a coat of hair all over bis body,
aud that clothing was resorted to as
the hair in successive generations dis
appeared, we can have no very stroug
reasou for believing that the human
body has been at any time an essen
tially different structure from what it
is now. Even iu regard to longevity
or power of continued life, if we set
aside the exceptional eases of what is
related of the patriarchs iu the biblical
records, we do not find that the aver
erage duration of human life has been
much greater or much less than three
score and ten or tLe fourscore years
that, are said to have been the divinely
appointed term. As to what may
have been the average duration of life
among prehistoric men, we are alto
gether in the dark.
Mr. John C. Keisioger, Wrighta
ville, l'a., pays: "I hud heartburn that
nothing relieved uotil I tried Biowu'a
Iron Bitters."
The Hand of Lincoln.
Look on this cast, auil know the hand
That boe a nation in its hold;
From this mute witness understand
What Lincoln was—how large of mold.
The man who sped the woodman's team,
And deepest sank the plowman's share,
And oushed the laden raft astr. an),
Ot fate before him unaware.
This was the hand that knew to swing
Thr axe—since thus would Freedom train
Her son —and uiade the fjrest ring,
And drove the wedge, aud toiVd amain.
Firm hand, that loftier office took,
A conscious leader's will obeyed,
And, when men sought his word and look,
\\ itli steadtast might the swayed-
Xo courtier's toying with a sword,
Xor minstrel's, lay across a late;
A chief's uplifted to the Lord
\\ hen all the kings ot earth were mute!
The hand of Auak, sinewed strong,
The fiugers that on greatness clutch,
Of one who strove and sufficed much.
For here is knotted cord and vtia
I trace the varying chart of years;
1 know the troubled heart, the strain,
The weight of Atlas—aud the tears.
Again I see the patient brow
That palm erewhile was wont to pres!*;
And now 'tis furrowed deep, aud now
Made smooth with hope aud tenderaesi.
For something of a formless grace
This moulded outline plays about;
A airying dame, beyond ourtrace,
lireathes like a spirit, iu and out—
The love that casts an aureole
Hound one who, longer to endure,
Called mirth to ease his ceaseless dole,
Yet kept his nobler purpose sure.
Lo, as I gaze, the srtatured man,
Built up troin TOU large hand appears;
A type that Nature wills to plan
But ouce iu all a people's years.
What better than this voiceless cast
To tell of such a one as he,
Since through its living semblance passed
The thought that hade a race be free!
The IriUependfHt.
My Neighbor and I.
M. Quad in Drake's Traveler.]
I am mad at the man on the south
west corner of the block, and he is mad
at me, and it's all on accouut of noth
ing at all. We bought a mantel and
grate just alike and costing the same
price. We had tiling just of the same
pattern, laid dowu by the same tnan.
For five years we were like brothers.
If I had a sick horse, I consulted him.
We went over to his house to play old
sledge, and his family came over to my
house to play croquet. I'd have turn
ed out of bed at midnight of the darkest
uight you ever saw and walked twenty
miles through mud thirty feet deep to
bring a doctor iu the case of SickQess
and I'm certain he'd have done fuliy aa
much for me.
Iu an uufortunate hour my brother
in-law from Chicago paid me a visit.
He said the mantel was verv handsome
and the grate a perfect beauty, and
added :
"But vou want a brass fender."
"Certainly you do. It will be an
immense improvement."
A day or two after he returned home
he sent me a brass fender from Chicago.
He not only sent it as a present but
paid the express charges. Some one
told the man on the southwest corner
that I had a brass fender.
"It can't be!"
"But he has."
'•I'll never believe it "
"But I've seen it."
"Then be is a scoundrel of the deop
est dye. Some folks would mortgage
their souls for ihe sake of showing off a
When this remark was hrought to
me I turned red, clear back to the col
lar-button. I called the southwest
corner man a liar and a horse thief I
said that his grandfather was hanged
for murder and that his oldest brother
was in State Prison. I advised him to
sell out and goto the Cannibal Islauds,
and offered to buy his bouse and turn
it iuto a soap factory.
The usual result followed. He kill
ed my cat and I shot his dog. He
complained of my ally aud I .made him
put down a new sidewalk He calltd
mv horse an old plug, and I lied about
his cow and spoilt a sale. Ho got my
church pew away by paying a higher
price, and I destoved his credit at the
grocery He is now maneuvering to
have the city compel me to move my
barn back nine feet, and I have all the
arrangements made to buy the house
next4.o him and reut it to an under
taker as a coffin ware-rooiu
"Mary has a little lamb -its fleece is
white as snow," but it wants Day s
Horse and Cattle Powder to make it
strong, you kuow. I hat it does.
Price 25 cents per package of one
pound, full weight.
The duke of Athol plants from
600,000 to 1,000,000 trees every vear^
Notwithstanding the unfriendly
action of France and Gernany with ie
spect to our "swiue product," the price
has advanced at Chicago.
Knives with ivory handles, which
become loosened or have fallen out en
tirelv, can be cemented at home, and
with small expense, by using this ce
ment : Take four parts ol rosin, one
part of beeswax, one part ol' plaster of
Paris; till the ho e in the handle with
the cement, then heat the si eel of 'ho
handle, and press it firmly in the ce
Fashion is Queen. Fast, brill
iaut and fashionable are the Dianioud
I>ye colors. One package colors Ito 4
lbs. goods 100. for ntirl color. Get at
druggists. Wells ,Richardson C 0.,.
liurlingtou, Yt.
NO. 10