The Fulton County news. (McConnellsburg, Pa.) 1899-current, February 17, 1904, Image 1

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

    VOLUME 5.
McCONNELLSBURG, PA., FEBRUARY 17, 1904.
NUMBER 22
HERE IS THE REASON.
Why the County Commissioner! do not
Pay a Bounty on Pox Scalps. ' '
A CASE OF BUNGLING
LEGISLATION.
i .1
Legislature made two fcfforti to Enact a Law
that would Secure a Bounty for Killing; '
Foxes, and Didn't get it Worded Right. :
Because of the presentation at
intervals of certificates to the
County Commissioners for boun
ties on foxes killed,1 and demand
made for payment of tbesame,and
notwithstanding the decision of
Judge Swope a few years ago
that the county is not liable for
any bounty on foxes, we publish
below for the information of ev
erybody, the opinion of the court
in the case of Daniel Hamil, use
of Theo. Sipes, treasurer of Ful
ton county, verses The County of
Fulton, in No. 6 June term 1900.
The facts of the case submitted to
Ihe court were briefly that Daniel
Ham il killed agray fox inTod town
ship, Fulton county, and produced
t ie pelt before Daniel Fore, a jus
t ce of the peace, made oath that
he had killed theanimal and receiv
ed from the justice a certificate
which was presented to the coun
ty commissioners properly en
dorsed and a draft demanded in
payment thereof which the com
missioners refused. The certifi
cate was then lifted by the coun
ty treasurer and the case pres
ented to the court.
The opinion was filed June 12,
1900, and is as follows: 1
"This case stated involves the
constitutionality of the Act of July
9, 1897, P. L. 233 with its amend
mentof April 11, 1899, P. L. 43,
allowing premiums for the de
struction of wild cats, foxes, and
minks in this commonwealth.
The act of July 9, 1897, is en
titled "Au act for th destruction
of wild cats, foxes and minks in
this commonwealth, and provid
ing for the payment of bounties
on the same, officers fees and fix
ing a penalty for violation o the
same. '
The most important feature of
this proposed legislation is that
liability for the bounty and fees.
Who is to pay the same r The
state, county, or district of the
county in which the animals are
killed ? The title of the act gives
no notice of this in any way.
The body of the act provides
for their payment by the county
treasurer on an order given by the
county commissioners, upon pro
duction of a certificate of a magis
trate, showing a compliance with
the provisions of the act
We are of opinion that this aot
offends against Article 8. Sec. 8.
of bur state constitution, because
its subject is not clearly express
ed in its title, and that it is there
fore unconstitutional.
This defect in the title of the
act of 1897, was sought to be rem
edied by the act of April 11, 1899,
P. L 43, by merely amending the
title.
But the act of 1897 was void
and dead, by reason of its infringe
rnent on the constitution, and
could not be resurrected in that
way.
The effort so to do but resulted
in an additional constitutional in
fringement by offending against
Article 8. bee. 6, of our state con
stitutiou which provides, "No law
Bhall be revived, amended, or the
provisions thereof extended or
conferred by reference to its
title oaly, but so much thereof as
is revived, amended, extended
or conferred, shall be reenacted
and published at length." This
same view was held by Judge
Purdy in Tuple vs. Wayne coun
ty, 23 C. C. It. 361.
We discover no legal authori
ty for the payment of the bounty
and fees in question, aud judg
merit is directed to be entered in
favpr if the defendant, costs to
be paid by the county of Fulton
it Will thus be seen that owing
to the bungling legislation on this
. subject there is no bounty or
premium on foxes, nor on nuv
tiling except wolves or wild cat.
The decision of Judge Swope Is
Thaddeui Stevens Memorial Association.
The Thaddeus Stevens Memor
ial Association has been formed
for the purpose of erecting at
Lancaster Pa., a memorial indus
trial school for the education of
poor orphan boys,' in honor of
Thaddeus Stevens, the defender
of the common school system in
our State. It is proposed to raise
the necessary amount for the en
terprise by popular contribu
tions. Dr. Scheaffer, Superin
tendent of Public Instruction, is
President of the Association, and
it is expected that a considerable
portion of the fund will be raised
through our public schools. The
Association has had prepared a
handsome photo-lithograph of
Mr. Stevens, on heavy card board
paper, 22x28 inches, suitable for
framing, and any school raising
one dollar or more will be sup
plied with one of these engrav
ings which will be an ornament
to any school room. Three of the
schools in this place have already
secured the engravings, and it is
thought that the moat of the
schools in the county will follow
their example. The Treasurer of
the Association has sent a supply
of these engravings to Senator
Alexander, of this place, who will
furnish them to those schools
raising the required amount.
Thirty-fifth Anniversary.
The thirty-fifth anniversary of
the marriage of Mr. and Mrs,
Wm. Reed of Spring House Val
ley was celebrated at the home of
their daughter Mrs. Leonard Biv
ens at Webster Mills last Wednes
day.
Mr. and Mrs. Reed arrived at
an early hour, and later in the
forenoon manyotherguestscame.
During the noon hour all assem
bled iu the large dining room,
where they all did ample justice
to a sumptuous dinner that had
been prepared by Mrs. Bivens
and her assistant Lula Woodal.
The dinner consisted of turkey
chicken, ham, rolls, pies, cakes,
ice cream, and many other tnings
too numerous to mention, such
as only Mrs. Bivens knew would
suit the appetite of her guests;
for the writer thinks some of
them were getting pretty hungry
alter their trip to and from Mc
Connellsburg, on such a cold
morning. Of cour.se the dinner
rapidly disappeared.
Among those present were Mr.
James Rummel and wife, and
Mrs. Ralph Reed and son of Mc
Connellsbnrg; Mr. Abner McLu-
cas, wife and two daughters, Mr.
John Hendershot and wife, Mr.
Geo. Unger and wife, Mr. John
Seiders, Mrs. Samuel Mellott,
Mrs! William Paylor all of the
Cove; Mr. James Bivens and wife
of Big Cove Tannery; Mrs. Berte
Souders and son; Charley Reed,
and Daniel Comerer of Webster
Mills.
It was a delightful social event
and may Mr. and Mrs. Reed live
to enjoy many more such occas
ions.
ROCK HILL
Mr. Wm. P. Unger is very 111 at
this writing.
(juite a number or our young
folks spent an evening very pleas
ant at Mr. and Mrs. James Fry
man's.
Mrs. Scott Tritle is able to be
out after a siege of measles.
William Woodal is very sick
with grip.
Elmer Cooper, after spending
some time in Altoona, is spend
ing a week at home.
Miss Lula Woodal spent Sun
day at her home.
just as binding on the county com
missioners, until reversed, as the
judgment of the Supreme Court
would be. It they, in defiance of
the decision paid the bounty on
foxes, the county auditors would
throw out the item, or if they did
not, some taxpayer would appeal
and the ' commissioners would
have to make good the wrongful
payment. ;
Before bounties on foxes can be
recovered, the legislature will
have to euact a law authorising it
iiud place upon counties the duty
ol paying.
Mrs. Woollet Surprised. ,t
Last Wednesday was an anni
versary of the day on which Mrs.
S. B. Woollet adopted this planet
as a place of temporary resi
dence. It occurred to Miss Ma
ry Wilds that it would be a good
thing to celebrate the occasion
by giving her Aunt Lib a small
sized surprise; hence the good
offices of Mrs. Cook were invok
ed, and that lady made it conven
ient to take Mrs. Woollet down to
spend the afternoon with Mr.and
Mrs. Tobie Glazier. When they
returned rather late in the even
ing Mrs. Woollet was informed
that she had some callers that
were waiting for ber in the par
lor, and when she entered and
found the room full of her friends
ready to extend congratulations,
it dawned on her what it all
meant.
Among the guests present
were Mrs. H. S. Wishart, Mrs.A.
L. Erb, Mrs. S. A. Nesbit, Mrs.
L. E. Harris, Mrs. S. 13. Stevens
and daughter Grace, Mrs. D. C.
Fleck, Mrs. John P. Sipes, Mrs.
Matilda Trout, Mrs. W.S.Alex
ander, Mrs. A. S toner, Mrs. W.
A. Sloan, Mrs. S. M. Rcbmson,
Mrs. T. F. Sloan, Mrs. J. B.Run-
yan, Mrs. A. U. Nace, Mrs. S. M.
Cook, Miss Annie Dickson, and
Miss Maggie Oakes.
Ten years ago Miss Mary gave
her aunt a similar surprise, and
it was noted that just ten of the
guests then present are now
dead.
Officers Installed.
District President, N. H. Alio-
way, assisted bv John Houck, in
stalled the following officers in
Burnt Cabins Camp, No. 609 :
Past Pres., A. V. Kelly; Pres.,
H. H. Hertzler; V. P., P. J. Wa
ters; M. of F., J. H. Snyder; R.
S., J. G. Waters; Treas., J. L. Wa
ters; F. S., J. B. Miller; Con., G.
W. Reihart; G., D. B. Galagher;
Ins., Chas. Snyder; Chap., D. A.
Robison; R. S., J.M. Bowman; L.
S., Jos. Matthias; Trustees: H.H.
tlertzler, A. V. Kellv, J. H. Sny
der.
The Camp is in a prosperous
condition.
NEEDM0RE.
We are still here.
The ice gorges along our
streams are something wonder
ful. T. W. Peck and family spent
Sunday at the home of Lemuel
Garland.
That cold wave still waves"o'er
the land of the free and the home
of the brave."
Mr. and Mrs. H. L. Garland
were guests of W. F. Hart and
family last Sunday.
Mrs. A. Runyau, who had been
very unwell for some time, is
slowly convalescing.
The Growlers divide the re
sponsibility for this severe weath
er between Hicks and the hog.
Wm. Truax of Pleasant Ridge
was here last Friday and helped
to varnish the seats in the
church.
John D. Mellott completed his
work at the church last Satur
day. The work is very creditable
to the mechanic.
Rev. and Mrs. Baugher cams
home last Saturday after about a
month's absence. Mr. Baugher
was holding mooting in Whips
Cove and in Bedford eounty.
Educational Meetlnf.
The third educational meeting
of Tod township mot at McGov
em's school last Friday evening,
and was called to odor by the
teacher C. C. Rotz, who acted as
chairman and Miss Olive Grls
siuger was elected secretary.-
The following questions were
discussed : 1. Makiug Pupils
Think. 2. Don't Forget. 8. What
is good Discipline?
Owing to the bad weather only
five teachers were present; but
there were very Instructive dia
cussions by Prof. Hershey, C. p.
Rotz, a. D. Peightel and Supt.
O. E. Barton, on each topic.
The crowd, was orderly and
respectful which made it very
pleasant (or the teacher,
SPENT SUNDAY IN BOMBAY.
Miss Alice Wishart Attends a Hindu
Christian Endeavor Society.
FAVORABLY IMPRESSED WITH COUNTRY
We drove back to the Abbott's
by way of the sea, and through
aristocratic Bomoay. Oh! the
houses, the foliage, the sea and
the sunset, the most marvelous
colors I ever saw in the sky, as a
background for temples, palaces
and palms. And then no clang
ing bells, or rumbling over cob
blestones. I haven't been able to
rub up one tiny bit of excitement
strange to say, but I am enjoying
the strange, beautiful, new things
without one bit of glamour. I
prefer Bombay with India, so tar
to anything I saw in England or
on the continent.
Monday, 7 A.M. I was too tir
ed and sleepy on Saturday night
to finish my letter, so 1 got up
early this morning, ate my chotti
hazan (tea and toast) and am at it
again. The air is to sweet and
cool with a whiff of something
floating in now and then to where
1 am writing by the window.
After we got back from tea at
Miss Abbott's we dressed for
dinner, to which Miss Bisselland
her brother wi.n his little daugh
ter, and Dr. Rose and Miss Mary
Fairbank were invited. After
dinner we had coffee in the draw
ing room. We had a delightful
evening together, and afte pray
ers, the guests departed, and
Mrs. Clark and my host and host
ess and I had a cozy little talk to
gether until bed time. Mrs. Ab-'
bott brought me to my room
which is bed room and sitting
room combined, with a oath at
tached, has five windows and
looks out on the front lawn, a vista
of palms, banana trees, vines and
tropical plants. She told me when
my chotti hazari would be brought
in, explained about the strange
sounds I was likely to hear in the
night, explained, too, about the
locks and bolts, and bade me good
night; aud so thus ended my first
day in Bombay. After a vain at
tempt at writing I went to bed
and slept like a top only getting
up in time for my bath and to get
ready for Sunday school in the
Home Missiou. Dear old Mrs.
Clarke took me in the Abbott's
conveyence, and I will simply
mention the places I visited re
serving a desci iption of them for
the Christian Eudeavor letter, I
will write as soon as I can. It was
intensely interesting to me, and
being so strange and new 1 think
I shall never forget it. I attend
ed five differant services with the
others who remained in Bombay
over Sunday. The Humes people
are exceedingly nice, and they
and the Abbott famdies showed
off the American Board work to
a fine advantage. They can well
be proud of it, and yet they are
very modest. I am invited to
lunch at one of their homes to-day
and all the new people are invited
here for 9 o'clock breakfast this
morning. Tboy leave at nine to
night as I do. From the Sunday
school I went with the Hume clan
on a general mission tour to see
the little bhud famine orphans; I
could have wept quarts ! Then to
C. E. at the Boys' Orphanage
where we saw 200 boys from the
age of live to eighteen take entire
charge of the meeting. I came
back to the Abbott's for 3 o'clock
tiffin, and started off with them
to Marathl Christian service at
their mission church. We attend
ed English service at 6 o'clock,
designed for Hindu young meu
who can speak English. After
dinner Mrs. Clarke and I weut
out on the balcony to look jit the
stars and have a little chat. This
morning aftor breakfast, Mrs.
Abbott is going to take me shop
ping, then to lunch aud some
sight seeing later in the after
noon. I feel so well and so rejoiced at
Godjs goodness in bringing me
here among such kind frionds, in
safety and health. My first .Im
pressions of India are so good, I
could not wish them better. I
David Abraham Kline.
A telegram last Thursday morn
ing brought the sad intelligence !
of the death of David A. Kline at !
his home near Shady Grove, j
i" ranmin county, on tne nignt be
fore. Fuueral at noon on Satur
day. Thedeceatd was born where
the family of David Harr now
reside, near Gem, ou tho 20th of
March 1806, aud was, therefore,
aged 27 years, 10 months, and 18
days. Two or three years after
the death of his father, the late
John B. Kline, whose death oc
curred May 25, 1891, David with
his family moved to Franklin
county, where he spent the re
mainder of his life.
He was the last member of the
J hn B. Kliuij family his mother
dying September 11, 1878; his
twin-sister Jennie (Mrs. Dr.
Sharpe, died ut McConnellsburg,
February 24, 1892), and Elijau, on
the 34th of March 1902.
David was married to Miss
Maggie Mellott of Belfast town
ship, this county, who, with two
children, survives.
PHILIPS (JKOVE.
Weather, very cold.
G. Rolland has purchased a
horse.
Dr. S. S. Hoop had a pine chop
ping Saturday. There were 25
present.
Weduesday eveniug quite a
large number of young folks gath
ered at tho home of Nevm Strait,
and spent the evening in music.
George O. Sipe spent Saturday
withG. C. Strait.
Elias Deshong is on the sick
list.
Arlio Deshouf,' and Nevin Strait
spent last Thursday with J. V.
Schooley.
T. I. Sipe wears a smilo on ac
count of the arrival of a little dish
washer.
George Strait is able to be out
again.
Nevin S. Strait has purchased
a new organ. Now for the music.
Friday night the young people
made a surprise party at the
home of J. R. Sipes. Amongthose
that were there were Geo. Doru
barger and Will Myers of Cham
bersburg; Aaron Palmer, J. E.,
Geo. O., and H. P. Sipes, Arlie
Deshong, A. K. Deshong, G. C,
and N. S. Strait, James Strait,
Maude Deshong of Knobsville;
Irene Sipes, Levina and Anna
Schooley, Tena Sipes and Gertie
Strait. The evening was spent in
several fine games. After all was
over, ice-cream, cakes, candy and
tea were served, when all went
home rejoicing over having had
such a good time.
Emmaville.
Our good sledding is gone; now
we must try tho mud.
N. B. Hanks captured a large
raccoon during our zero weath
er. C. W. and F. B. Spade are em
ployed cutting logs for L. C.
Mann.
Charley Spade of Franklin
Willis, and George Spade accom
panied by his mother, were busi
ness visitors aj the County Seat
last week.
Anthony Spade, the famous
skunk hunter, caught five skunks
in one hole; and he said had he
dug a little deeper he might have
caught five more.
Among the guests at Mr. and
Mrs. Frank Spade's on the 3d
were Mr.and Mrs. M. E. H.Bard,
Mr. and and Mrs. John Bard of
Potter county, and Oliver Bard
and Miss Jessie Bard. Call
again.
The host of friends at Benson
Hanks' were Miss Biddy Mills
and Claud Smith of Emmaville,
Charles Hart man of Everett,
Blaine Smith of Black Valley, Ja
cob Garlick aiul C. W. Soade of
Emmaville, Mr. George Spade
and wife of Nebraska.
shall not have to try to like it.
Every hour has been full of love
ly interesting things, and if all
the rest should be hard and un
comfortable, I can glory In my
precious first impressions. Iam
ao anxious to get to Allahabad,.
REAL ESTATE CHANGES.
As Indicated by the Deeds Placed id the
Hands ol the Register and Recorder.
William Kline to Harvey Kline
for tract of land in Belfast town
ship. Daniel Spitzer, executor, to
Reuben R. Sipes for tract of land
in Belfast township.
John D. Mellott and wife to
Joseph E. Mellott for tract of land
in Belfast township.
D. H. Patterson et. al. to Walter
M. Comerer for tract of land in
Dublin township.
Martin Bishop to Mary Bishop
for tract of laud in Thompson
township.
Mrs. Kate L. Shoemaker et. al.
to Homer Shoemaker for lot in
Huston town.
John Stahle and wife to Joseph
Brady for tract of land in Union
township.
Grant Shoemaker et. al. to Geo.
Magsam for tract of land in Ayr
township.
Eli M. Peck and wife to Jacob
Spade for tract of land in Brush
Creek township.
David V. Sipes and wife to W.
H. Hoop for tract of land in Lick
ing Creek township.
David E. Little and wife to Har
vey Cooper for lot in Ayr town
ship. Harvey Cooper and wife to Cy
rus Mentzer for lot in Ayr town
ship. Harrison G. Wagner and wife
to Taylor Ramsey for tract of land
iu Taylor township.
Harris .in G. Wagner and wife
to Bruce Ramsey for tract of land
in Taylor township.
Samuel Reese and wife to Wm.
McGowan lor tract of land in
Dublin township.
William McGowan, Sr., to Sam
uel Widney for tract of land in
Dublin township.
David A. Nelson and wife to
Trustees of Cito A. M. E. church
for lot of ground in Ayr town
ship. Isaac Barney and wife to L. A.
Barney for tract of land in Union
township.
Mrs. Leah Jackson et al. to
Pamelia Ott for tract of land in
Brush Creek township.
Daniel Spitzer.executor, to Wil
ham B. Stiger for tract of land in
Bethel towhship. ,
Catharine Miller et. al. to Har
vey Cooper for tract of land in
Tod township.
H. S. Daniels, administrator, to
Mahulda Mellott for tract of land
in Tod township.
Harry E. Deshoug and wife to
Mary E. Deshong for tract of ltnd
iu Belfast township.
Reuben R. Sipes and wife to
Walker Mellott for tract of land
in Belfast township.
James S. Akers and wife to El
len Boor for tract of land in Br ush
Creek township.
JohnG. Ewlng to Mary B. Desh
ong for tract of land in Licking
Creek township.
Nellie Little and husband to
Henry White for tract of land in
Dublin township.
Annie E. Hess and husband to
George W. Myers for tract of land
in Bethel township.
S. Ella and S. Davis Richards
to Fulton county for tract of land
in Bethel township.
Reuben Sipes and wife toThos.
R. Truax and wife for tract of
land in Belfast township.
B. A. Lyon to Setb 11. Camp
hell for tract of land in Taylor
township.
Seth R. Campbell to A. J. Uor-
ton for tract of land in lay lor
township.
L. C. Kelly and wife to Henry
1C Boyor et al. for tract of land
iu Dublin township.
James Henry et. al. executor,
to Mahulda Mellott for tract of
laud in Ayr township.
Geo. R. Martin to G. W. Hilea
for tract of land in Bethel town
ship. Widow and heira of J. L. Jack
son to S. Marshall Jackson for
tract of land in Brush Creek
township,
Mrs.PameliaOtttoS. Marshall
Jackson for tract of land to Brash
Creek township.
ABOUT PEOPLE YOU KNOW
Snapshots at Their Movements, as Tbey
Come and Go.
NAMES OF VISITORS AND VISITED.
Home for a Vacation, Away for an Outing, a
Trip for Business or Pleasure, Yoo'U
Find It Kiibt Here.
Rev. Shull will preach next Sun
day morning at 10:30 at Siloam;
2:30 in the afternoon at Asbury,
and at 7:30 in the evening at Ebe-
nezer.
Elmer Cooper, an employee of
the P. R. R. at Altoona, is spend
ing a week's vacation with his pa
rents, Mr. and Mrs. Geo. Cooper
of the Cove.
Master Reod Kay, of the Scot
land S. O. I. S. is spending a few
days at the home of his parents,
Mr. and Mrs. Elliott Ray of this
place.
Mrs. S. M. Cook and Mrs. S.
B. Woollet of town, spent last
Wednesday afternoon the guests
of Mr. and Mrs. Tobias Glazier
of Webster Mills.
Albert B. Hanks, of Chambers
burg was called to Everett Sun
day, because of the critical illness
of his mother, Mrs. Charlotte
Hanks.
R. R. Hann and son Edgar, of
Saluvia, were among the McCon
nellsburg visitors Saturday. Mr.
Hann was compelled to walk by
the aid of a crutch, the result of
an injury sustained while engag
ed in getting out logs iu the moun
tain last week.
Ehsha Smith aged 24 years and
his brother aged 27, died at Ever
ett, a few days ago from the ef
fects of vaccination. Several
weeks ago a Miss Dickson of Ty
rone, a cousin of the deceased
came on a visit to the Smith's,
and soon thereafter took tho small
pox. The young men named were
at once vaccinated, aud died from
the effects.
It seems to be a siugular thing
that so many of the great disas
ters occur on Sunday, and this is
true especially of all our great
fires in the United States. The
Philadelphia Press epitomizes
them as follows: October 8, 1871,
(Sunday) the great tire in Chica
go; November 9, 1872, (Sunday)
the big Boston fire; February 9,
1902, (Sunday) the Patterson, N.
J., fire; February 7, 8, 1904, the
great Baltimore fire, which is the
greatest of them all.
.ELLS TANNERY.
Rev. Kennedy, who was recent
ly elected pastor of the Everett,
Shermans Valley and Wells Tan
nery Prosbyteriau churches, has
moved to tho first named place,
and will preach here next Sun
day evening at 7 o'clock.
The Epworth Social last Satur
day evening was well patronized,
many strangors from a distance
being in attendance.
Mrs. A. S. Greenland is visit
ing friends in Everett.
Will Moore and daughter of
Saluvia, spent Sunday with Mr.
and Mrs. W. L. Moseby.
Margaret Goldon of Everett, is
visiting among friends here.
J. U. Allen of Chambersburg,
spent last Sunday in town.
Mr. and Mrs. William Stine
made sale of their personal prop
erty last Saturday, and havegoue
to Harrisburg.
Mr. and Mrs. V. D. Schenck
visited the former's mother at
Enid last Weduesday.
Margaret Stuukard of Enid,
visited Gertrude Young Saturday
night.
Nannie, daughter of Mr. and
Mrs. W. B. Stunkard has been
very sick for several weeks, but
is now slowly recovering.
J. W. T. Wettleson to the Roal
Estate Title aud Trust Co., for
tract of land In Wells township.
George Regl and wife to Mar
garet Johnston for tract of land
in Tod township.
1 Mary B. Deshong and husband
to Benjamin F. Deshong for tract
of land la Licking Crwk towu