Slje jfttltcm County 3TCUH5. VOLUME 8 McCONNELLSBURG, PA., SEPTEMBER 12, 1007. NUMBER 5; JURORS GET $2.50 A DAY. Under Special Act of Assembly, Wit uesses ire Paid One Dollar Day. and Mileage More than mile from county seat. I In an elaborate opinion, Hon. D. Watson Howe, of Chambers burg, gives an interpretation of the Act of June 1, 1907, relating to the pay of jurors and witness es, and tinds that under the late act jurors in v ra-iKiiu county win ive $2.50 per day and mile die witnesses will contin- feceive but seventy hve per dav and mileage, un der a local law approved Febru ary 2, 1867. Judge Rowe cites the local laws passed for Fraakhn c.unty, regulating the pay of jurors and witnesses, and shows clearly that the local law in reference to the pay of witnesses is still in force, and is not affected by the act of 1907. After stating theob ject of local laws, and the law in reference to the interpretation of statutes as to their repeal, Judge liowe says: I shall lirst consider separately the of pay of Jukohs. The A.;t of 14 April, 1881, sec tion 1:17-138 (P. L. 30(5) Axes the fees of jurors attending court at one dolla per diem and six and a quarter cents a mile. (a) Act of 27 March I860, (P. L 344) This act fixes the fees of jurors and witnesses in Franklin, Schuyl uill and two other couuties. The act reads as follows: An Act increasing the fees of jurors and witnesses, in and f jr thecountiesof Armstrong, Frank lin, Schuylkill and Westmore land. Section 1. Be it enacted by the Senate and House of Representa tives of the Commonwealth of Pennsylvania in General Assem bly met, and it is hereby enacted by the authority of the same. That from and alter the passage of this act, the compensation of jurors in attendance upon the several courts of the counties of Franklin, Armstroug, West moreland and Schuylkill, shall be two dollars per diem; and the compensation of witnesses, in at tendance upou the several courts of said counties, shall be one dol lar and fifty cents per diem: Provided, that such witnesses who reside in, or within one mile of the boroughs of Chambers burg, (ireensburg, Pottsville and Kittanning, shall only be entitled to seventy live ceuts per diem, while in attendance upon the sev eral courts aforesaid. This was followed by t'.ie gen eral act of 28 Feb. 1878, (P. L. 37; Purdou 1641), as follows: "An act to increase the pay of jurors in this commonwealth. Section 1. Ba it enacted, Ac, that from and after the passage of this act, the jurors in this commonwealth shall be two dol lars a day, with mileage as now allowed by law: Provided, that the provisions ot this act shall not apply where the pay of jurors is now fixed by law at more than two dollars per day." When this act was passed near ly all the counties of the state had special acts of iheir own in creasing the pay ol jurors; some to one dollar and fifty cents, oth ers to two dollars as will be seen by reference to the note to Pur don's Lig. Jicitlon of 1872; four counties only paying two d liars and tifty cents. It is manifest, therefore, that tins act was intended to iepeal all local acts except in counties where the pay of jurors was then fixed at more than two dollars per day. Jn Franklin, County the pay of jurors was not more tiiau two dollars per day at that tit:e and therefore this general act repealed our local act of 1866, above quoted, (a). (c) The Act of 1st day of June 11107, is next in order, as follows An Act tn increase the pay of jurors arid witnesses in this com monwealth. Section 1. Be it enacted, &c, That from and after the first day of July, Anno Domini, one thous ands nir.e hundred and seven, the pay of jurors in this common wealth shall be two dollars and fifty cents and the pay of witness es shall be one dollar and fifty cents per diem, together with mileage as is now provided for by law. Section 2. All acts, or parts of acts inconsistent herewith, are hereby repealed. This act supplied and repealed the Act ot 28 Feb. 18751, above quoted, which repealed our local act, as wo have seen. But the re peal of the act of 1873 did not re vive the local law of 1860, above recited (a). It would not have dojesoatany time, but Article 111 Sec. 7 of the new constitution forbids the enactment of local or special legislation regulating the affairs of counties, &c and there fore our local act could not Have been revived by direct enactment since 1874; a fortiori, it could not be done indirectly. Durr v. Com. 8 Pa, C. C. 525. While the act of June 1, 1907, would not of itself repeal the lo cal act yet it having been repealed by the act of 1873, which this act of 1907 supplies, the latter act must regulate the fees of jurors n Franklin County. I am therefore of opinion, clear ly, that the pay of jurors, attend ing court in Franklin County, is that fixed by the act of 1907, uamely two dollars and fifty centi per diem, with mileage. WlTNKSSKS. The act of 22 Feb., 1821, Sec. 13 (7 Sin. L. 377.) This act gave witnesses sixty- two and one half cents per diem for those residing away from the county seat, and lifty cents for others, with mileage of three cents for each mile circular. The act of 27 March, 1800, (P. L. 344) above quoted (a), fixes the fees of witnesses in Franklin, Schuylkill, and two other coun ties, at one dollar and fifty ceuts per diem with seventy-five ceuts to those residing at the county seat. (b.) Act of 2 Feb., 1867. (P. L. 130), as follows : A Supplement to an act in creasing the fees of jurors and witnesses in and for the couuty of Armstrong, Franklin, Schuyl kill, and Westmoreland, chang ing the fees to be paid witnesses in Franklin County. Section 1. Be it enacted, &c, that the compensation for wit nesses, in attendance upon the several courts of the county of Frankhn, shall be seventy five cents per diem; provided, that such witnesses who reside in, or within one mile of, th borough of Chambarsburg, shall only be entitled to fi fty cents per diem, while in attendance upon the sev eral courts aforesaid. Section 2. All laws inconsist ent herewith are hereby repeal ed. Next comes the act of 23 Fen., 1889. Sec. 1 (P. L. 8; Purdon, 13 Ed. 1658). This act gave witnesses one dollar per diem with three cents circular for mileage. This act Is to amend the 13 Sec tion of the act of 23 Feb., 1821, above referred to "an act in creasing the compensation of witnesses attending court." It therefore applies only to those couutieB where the aot of 1821 was in foroe at the time of the amendment. We have seen that the act of 1821 was not in foroo at this time in Franklin County. It therefore did not ropeal our local aot of 1867, above quoted, Dellaveu v. Merath, 7 Pa. O. C. 888. McDonald v. Coal Co., 8 Pa, C. C. 460. Indeed, the last cited case is dirootly in point, peing a decis ion on the act of 1866, above quot ed (i) to which our act of 1867 Gomiuud oa iire (ivto EARTH'S POPULATION. .AN ITINERARY. soi.DIKKS- REUNION. LIFE SENTENCE Texan Could Accommodate All the Inhabi tants of the Globe. The Bible places the date ol creation at about 4H0 B. & Lat tcr day goologis.s figure any where from 10,000 years, to 100,000 years, and John Fiske, one of the most eminent authori ties, gives good reasons for sup posing human beings to have ex isted for half a million years, suys the New York World. To-day we estimate the earth's population at 1,500,000,000 very generous estimate. One half of this population is female. Experience tables show that there are three generations in every century. From these slen der data it is but a simple mathe matical calculation in progression toward the year in which the first pair of human beingsappear ed on earth. Upon this hypothe sis the vear 50,000 B. C. briugs us down to about 3,000,000 people. If we accept and from this point retrace our steps to the proseut day say 1900 A. D. we arrive at the conclusion that a total of 72,000,000 000 human beings have been born to date, of which num ber only about 1,500,000,000 are alive today. Had every individual body been preserved in a casket measuring on an average 0x2x2 feet, all could have been buried in Okla noma's area of 88,790 square miles, and a liberal allowance of space Tor paths and driveways been left. Or all the coffins could have been dropped into Lake Superior without endangering the inhabitants on its shores ou account of a possible tidal wave. The present living population of 1,500,000,000 persons can tind standing room ou Staten Island, in New York harbor. In the State of Texas you could place each man, woman and child, 70 teet apart, giving each 4900 square feet of land room suffi cient for house, cattle and vege table garden. Within the limits of these United States each hviug hum an being today could have 65,000 square feet, or they could be placed 355 linear feet apart. The next time, you bear any body talking "over population" you can shut him up by telling him that vou can pack the whole lot 1,500,000,000 people in a box measuring 2,000 feet each way. ATTEMPT TO ROB. Emery Snyder Held for Court for Attempt Int to Get into Hege & Myers' Store. From Vullev Spirit. Emory Snyder, a well known c'.ia.'acter of Mercersburg, was discovered Monday morning shortly after 3 o'clock, crawling over the tin roof of the Hege & Myers store, in Mercersburg. Though he had not made an at tempt to break into the build ing it is thought that he bad in tended to rob the store. Eckert Miller who lives in the adjoining building was awakened by his wife, who told him that she hoard some one on the roof. He got up quietly and opened the window. There he found Snyder bending over the roof. Mr Mil ler called to him to throw up his hands or he would shoot. Sny der held up both hands and Mil ler went outaud caught him. When he asked Snyder what lie was doing on the roof he re plied that he was fixing the spout. Miller, who did not have a revol ver about him, pointed a finger at the would-be burglar. Snyder thought it was a revolver and made no resistance, Later he was taken to the look up by a police man. He was given a hearing Monday afternoon in Mercers burg and held for oourt. Mrs. Elissabetn Clugston and Mr. MargaretKuableand daugh ter Nannie took dinner at the home of Mrs. Anua Cooper lust Sunday, nd Elijah Enable spent the day with hia brother Newton in the Meadogro mds. Rev. S. B. Houston, of the Cove, Tells of His Trip Home from Canada. Mk. Eihtou: Two months having been spent in Choaloy, On tario, the writer went to Toronto. This city, of 325,000, is beauti fully situated on lake Ontan . This p ace was reached on Labor Day, which was beii.g fittingly observed with public ceremonies. All business was suspended and the day was given up to sight seeing and pleasure. The annual, Provincial Exposition had been opened the weebjl before, and hence a large concourse of people was present A strange epidemic broke out on that day. Few women were attacked, and no children were seen to have becu seized by it; men, usually young and strong, were overcome by something like a sleepy sickness. Sometimes this was accompauied with great nausea and violent paroxysms of vomiting. No deaths, however, were known to havo occurred, it is supposed to have resulted eith or from something eaten or drank. Something of a similar nature has been observed at times in our American cities and towns. Toronto is noted for its manu facturing, its churches, colleges, and schools of various kinds. The University buildiugs are numerous and large, with fine lawns around them, and many of the lawns are beautified with ar tistically arranged tlower beds. The Parliament buildings pie sent a stately grandeur, but be ing closed, their interior could not be seen. The Exposition was visited in the evening. In the Art G illery one of the finest paintings, the writer ever saw, was on exhibi tion. It represented the English soldiers, just returned from the Boor war, passing in review be fore London's city ollicials. Ev ery figure stood out in bfeild re lief. A half day spent in the new Capitol of Pennsylvania, gave an opportunity to see something of the magnificence of architectural designaud finish secured through the munificent appropriation made by our liberal hearted but not extremely conscient'ous rep resentatives of the people. There are, persons, you know, who feel that they can afford to be liberal with what is not their own. No claim is made to superior judg ment in regard to architecture and richness of internal adorn ment and furnishings, but it is a question if the New York state capitol does not in some import ant particulars exceed that of Pennsylvania, although it did not cost more than half as much A day on Gettysburg haitle field, with Mr. Pitzer as guide, sent the pati iotie blood leaping through the veins. A night of sweet ropose on Pen Mar where the ozone atmosphere put renew ed energy into our weary frame, helped ub complete our home ward trip with joy. S. fl. Houston. BUS 1 ONTO WN. M"s. A. J. Lamberson left for Chambersburgon Monday, whore she will spend several dayB visit, ing friends. Theodore Stroup, who has been spending the past few weeks in this place, left for his home in Philadelphia iast Saturday. Win. Hanck has beeu looking pleasant since the axrival of a new boy at his home. Charles Robs and family of Tod township spent Saturday and Sunday at Mrs. Emaline Chest nuts. Mrs. Stroup and lady friend of Philadelphia are visiting in the home of the former's brother, Rev. Harry Daniels. Qnite a number of teachers at tended the Institute held at this place last Saturday. Samuel McEhaney, Dublin township's well known stockdeal er, was in town Monday ou business.. flay 1'k-usanl and Crowd Large, lo he Held t'p ut MallvalnS'a Next Year. Thai Weather Man always docs tlx; square thinir with the old sol dier, and the weather lust Friday wus all that the niot exacting could wish. At an curly hour the Reunion Grounds near J. Wesley Hoop's near llni risonville begau to show signs of activity, and by noon it was literally filled with peo ple and conveyance. The Reunion to Fulton county people, is an old homo week on u smaller scale, for to these annual gatherings people go from far and near to meet the friends that they seldom see at any other time. The order this year was unusu ally good, and everything passed off most pleasantly and successful ly. There was the usual speaking and recitations, but most people go lo a gathering of that kind to have B "good time," und while the au dience is one that is easily moved, the speakers find it laborious and rather unsatisfactory work to ad dress them. There is, perhaps, no one thing that everybody enters into with such genuine unanimity as the eat ing of the lunch. During the noon hour, scores of groups are seated here and there in the woods throughout the grounds, each member industriously devouring cold chicken, cold ham, light rolls, butter, and jelly, with abundance of black coffee, and sweet cake galore. It is to the. Reunion that the fa thers take the children, the young man f,akcs his girl, and everybody has a good time. At a business meeting -hold by the, managers on the grounds, last Friday, it was decided to hold the Reunion next year on top of Side ling Hill mountain or at .McIU vaine's so that the opportunity would bo afforded to the Bedford county people to unite more fully with us. This may have its ad vantages, but the people in the eastern and southern portion of the county are not much stuck on the change. MAY'S CHAPEL. Listen for Wedding Bells! There will be preaching at Mays Chapel Christian church Sept. 15th in the afternoon by Rev. Logue. It. L. Booth and son Nile Omet, of Cumberland, Md. were visiting Mr. Booth's parents Mr. and Mrs. James Bcoth last week. Miss Olive Bishop, of Cumber Ian 1, is spending her vacation with her pa. ents Mr. and Mrs. T. R. Bishop. Mrs. Dennis Hull bas been quite sick the past week. Mr. Wm. Hiles and family spent Sabbath afternoon with Mr. Crist's. Miss Augusta Dorrier has re turned to her home in WashiLg ton, D. C, a'ter haviug spent her vacation with her mother, Mrs. Matilda Dorrier. Miss Mollie Hendershot is vis iting relatives and friends in this vicinity. H. B. Hill, wife and daughter Ella May, spent last Sunday with S. Oi Deneen and family. Jacob Shultz and family spent Sunday with P.O. Crist and family. James Booth's house is almost ready for the plasterers. The Sabbath School at this place will h ld a basket picnic and festival at night on Saturday, September 28th. Gof'e and bring your baskets, an? enjjy a For Murderer of Van Goshen, the Han cock Telegraph Operator. The trial of Charles T. Jones, for the murder of Maurice Van iimhen, the young telegraph op erator at Hancock Station, was held in Berkeley Springs, Morgan county, Thursday, and the case was given to the jury in the even ing. The jury, after being out but a short time, returned a ver dict of guilty of murder in the first degree, and the senteuce of lite imprisonment was imposed. The trial was one of the short est ever known in that vicinity for murder. Prosecuting Attorney H. W. Payer was assisted by J. H. Siler, of Berkeley Springs, and S. V. Walker, of Martins burg, while Judge Faulkner had previously appointed A. C. Mcln tire, of Berkeley Springs, to de fend the prisoner. Barring a few who opposed capital punishment, the jury was sworn in less than an hour after court convened. Several witness os swore that after shooting Van Goshen, Jones admitted that he had killed him, but by mistake, he intending to kill Tilden Barnes, who was especially attentive to his 16 year old wife, and about whom Barnes and Jones had con siderable trouble in coming home from a picnic at Lovers' Leap. day out. SALUVIA. Our farmers are busy getting ready for seeding. The Soldiers' Reunion was well attended everything went off nicely with the exception of a few toughs who tried to make some disturbance. Mr. Garret Burns and Charles Eagan aud wife of Midland are staving a few da a at the home of Uuole John Hartu. Teachers' Meeting. The teachers' preliminary meeting for Thompson, Bethel and Union townships, was held at Warfordsburg, Wednasday, September 4th. The teachers were not all present on account of rainy weather. Supt. B. C. famberson was elected chairman, after which "Preliminary work prior to the opening of school and 'the first day of school," was taken up and discussed. The following points were emphasized : Study the term report. Have your work prepared. Have a program. Vis it the house before the opening of school. "The temporary and perma nent program" was taken up, and some of the important points were i "Do not over-crowd your program. Arrange branches where you can get the most good out of them. Study your pro gram each day, and make chang es where you can better your work." The teachers then adjourned until 1 o'ekek, when the subjects ot "When to begin teaching Alge bra, and how to toach Algebra," were taken up and discussed. Mr. Lamberson stated that he found a weakness in the teaching of Algebra, and urged the teach ers to qualify themselves better and teach it better. "How to teach grammar," was taken up and briefly discussed. Stick to the good plum Euglish. Composition work plenty of diagraming. A few minutes were spent on discussing the vaccination situa tion, when it was stated that a health inspector had already been appointed for each township, whose duty it is to see if the law was obeyed, and report. The different townships then arranged for the organization of Local Institutes, after which Mr. Lamberson made a few closing remarks in which he urged the teachers to study the Reading Course, attend the local imsti tutes, and do their duty in the school room, and that the success of the schools in the county de pends upou each aud every teach er. The meeting was then adjourn ed and the teachers returned home all feeling benefited -y be ing preseut GlLHKKT B. MKL.LOTT, Secretary. '.Miss Maye Sheela who had beeu spending the summer months in the home of her par ents Mr. aud Mrs. John Sheets has gone to Defiance Bedford County to teach during the com ing winter. ABOUT PEOPLE YOU KfW Snapshots at Their Coming and Goi. 'in? Here for Vacation, or Away for a Restful-Outing. NAMES OF VISITORS AND VISITED Mr. E. B. Morton, of Pittsburg, is visiting his parents Hon. and Mrs. Peter Morton. Mrs. W. E. Litton, of Webstar Mills, was a guest of Mr. and Mrs. G. B, Mellott, Tuesday. John T. Laley and Dr. J- B. Mellott of Belfast township, were in town Wednesday of last week Miss Nora Fisher, of this piece is spending this week visiting in Shippensburg and Hagerstown. John II. Rcisner is spending a short time at his name here pre paratory to going away to school. Samuel aud Calla Cooper re turned home last Sunday and Russell is also visiting friends in the Covo. Mr. Nat Wishart of Pittsburg, Pa., is visiting his parents, Dr. and Mrs. H. S. Wishart of this place. Mr. and Mrs. J. N. Mellott, of Indianapolis, Ind., is visiting the family of Hon. Peter Morton ot this place. Clarence L. Sipes, a popular druggist of Bellivue Pa., is visit ing his pirents Mr. and Mrs. J. Nelson Sipes of this place. N. H. Stevens, near Huston- town, was in McConnellsburg on Tuesday to meet his cousin Dr. J. C. Stevens, of Harrisburg. Miss Ada Rexroth left last Saturday morning for another year's work as teacher in the pub lic schools at Newtown, Buck., county. Miss Bessie I. win has gone to Holland, Pa., where she will be engaged during the current year teaching in the public schools of that town. Mrs. Henrietta Graves, of Ore gon, Illinois, is visiting her par ents, Mr. and Mrs. Samuel Ben der, and other friends in town and the Cove. Mr. . Emory N, Pittman, con ductor on one of the street car lines in Pittsburg, has been spending a week am mg his Ful ton coun y friends. Porter Hann, of Clearfield, Pa., is visiting among bis Fulton coun ty relatives and friends. He was in town Tuesday with his broth er Squire Bert Hann. Miss Jessie Wishart of the United States Pension Office Pittsburg, is spending part of her annual vacation with her par ents, Dr. aud Mrs. H. S. Wishart, East Water street. Miss Mary Hoke, after having spent six weeks visiting lriends in Lewistown, I .at robe. Pitts burg, Saxton, and other places, returned homo last Saturday evening. Mary says she "just had the lime cf her life." Mrs. T. W. Raisbeck and daughter Miss Zola, who had been speuding sometime with the former's parents Mr. and Mrs. Thos. B. Stevens and ntho' relatives in the county, returned to their home in Erie, Pa., last Saturday. Mr. C. M. Lodge spent a day or two duriug the past week in the home of his sister Mrs. S. W. Kirk in this placa ChaViie has just completed a three years' course at the Seminary in V'il liamsport, Pa., aud in a few days will enter Dickinson college at Carlisle for a course of four years more. Miss Frances Litton of Peabody Kansas, attar having visited the Jamestown Exposition, Wash ington, and Atlantic City, is spending a few weoks with friends and relatives in this coun ty. Her parents Richmond Litto aud wife, nee Mary Hess, were natives of Thompson township, and went to Kansas about 5?h years ago, whore the father since, died,
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