RS’
NCE
8.
ondent,
dersign-
1e above
and re-
Master.
Acts of
Police
1S, COWS
hin the
1e shall
ners or
,warn-
e prop-
remove
eper of
id nor
ter re-
ble, or
lic sale
e same
Levent
I fines,
‘efund-
if any
Poli e
er head
f ordi-
nd the
April,
T,
ouncil.
D. 1905.
y
1rgess.
roving
d so as
>» shall
April,
yuncil.
D. 1905.
)D,
Irgess.
'TON-
AN
A
OAD.
Ohio
Va.
, Va.
plus
nd 5,
aly 5,
1gust
icket
\gent
Oak-
v
i
8
i
i
I
i mp a
The Somerset
SALISBURY. ELK
J.IC0 KK
POSTOFFICE, PA.,, THURSDAY, APRIL 20. 1905.
ROPER)
caps for spring and
Children’s, boys’
25, 50 and 75c.
a8
EB)
APRA eS 28
: BEB BBS 55 BBSITBES
sprees RRR &
®
We have just received a very fine
assortment of men’s and boys’ hats and
The latest shapes in Derbys at $1.- &
: ) 25 to 3.00. . Also the newest shapes
& and colors in soft hats at $1.00 to 2.00.
9
aie HERE
oe 25 ic) So ASR
HR =
HR
summer wear.
0 0
SN
and men’s caps at §
' ve 88
° “wy
oo
ESS
&
. gS
on
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0 2)
ow
N
CREB OEE EXOD)
IGG GN GN GS GN YUN
J. L. BarcHus, President.
ALBERT REI
DIRECTORS :—J. L. Barchus,
A. M. Lichty, F. A. Maust, A.
TE
IATIONAL BANK
OF SALISBURY. |
:
|
Capital paid in, $50,000. Surplus & undiyided profits, $9,000.
§ PIR CENT. INTEREST
On Time
Deposits.
H. H. Maus, Vice President.
Tz, Cashier.
H. H. Maust, Norman D. ‘Hay,
E. Tiveugsed, L. L. Beachy.
Pianos trom $125.00 up.
Sewing Machines
The asking for a catalogue, getting prices and looking over
mean the saving of a good many dollars.
PIANOS.
WM. KNABE & CO.
BUSH & GERTS,
SCHOMACHER,
VICTOR,
HOBERT M. CABLE,
KIMBALL,
SHUBERT,
OXFORD.
LOOK -:- HEREI=
Organs from $15.00 up.
from $10.00 up.
our stock
Agents for the following makes:
ORGANS.
FARRAND,
ESTEY.
KIMBALL.
SEWING MACHINES.
DAVIS,
WHITE,
STANDARD,
NEW HOME,
DAYTONIO.
GOLDEN STAR.
may
We have engaged the services of C. E. LIVENGOOD, Piano and Organ
Tuner and Repairer, and orders for work in that line left at the music store
will receive prompt attention.
Somerset County Agents
for Estey ipe Organs.
REICH & PLOCH, CENTRE STREET, MEYERSDALE, PENNA.
)
:
]
:
|
immense st
partments.
Call 4nd see if we can’t save
ces are very low and our goods
Elk Lic
&
reatly Pleased
are all people who call to inspect our
We have just added to our store
A Nice Line of Dry Goods.
REE RRERE EERE
ock of new goods in all de-
you some money.
the very best.
k Variety Store.
BR
ERR EERRERER
Our pri-
EE —
Important
Announcement!
To the people of Salisbury and
vicinity I wish to announce that I
have purchased the undertaking
business of Rutter & Will. in Mey-
ersdale, and have moved to that
town.
However, I have not sold out in
that line in Salisbury, and I have a
representive to look after my inter-
ests in Salisbury, where I shall
keep constantly on hand a fine
stock of
Undertaking Goods,
Coffins, Caskets, Ete;
L. C. Boyer is my Salisbury sales-
man, and can sell yoa anything you
may need in my line. I will con-
tinue to do embalming and funeral
directing, both in Salisbury and
Meyersdale.
Thanking the public for a gener-
ous patronage in the past, and so-
liciting a liberal future patronage,
I remain your servant,
H. MCGULLOR, Meersaul, Pu.
E. E. CODER,
Watches, CIOKS and Jewelry,
SALISBURY, PA
Repairing neatly. promptly and substan-
tially done. I'rices very reasonable.
strong, old bank to every
post office in the world.
Write for Banking by
Mall booklet
Founded, 1862
Assets, $14,000.000.00
4 per cent. Interest paid
PITTSBURGH
BANK FOR SAVINGS
a | of Pittsburgh, Pa.
STARCH
Send
for
Catalogue
of
Premiums.
Stronger and whiter than any other starch.
t is made by a new process, whereby, more
of the ren of the corn is retained than
by the old process.
In the Sh of each oh Pong e there i
a piece of iis. Fg ‘ax and
four balls Hi Pent Fr rench Laundry Blue.
Price Ten Cents.
in using Shirt Waist Starch the linen will
never blister; the iron will never stick; re-
sults in a snowy, white satin finish. It is
the best and cheapest starch on the market.
We ask you to give it a trial. For sale by all
grocers. Prepared only by
SHIRT WAIST STARCH COMPANY,
Norwalk, Conn.
TWENTY-SECOND INTERNA
AL CONVENTION, CHRI
ENDEAVOR,
JULY 5-10, via
OHIO RAILROAD.
From all ols rr. tof 3 Ohio
River, West of Martinsburg. W. Va,
and South of Point, W, Va,
tickets will be sold at One Fare plus
$1.00 for the round trip.
Tickets good going July 3, 4 and 5,
valid for return not earlier than July 5,
nor later than July 15, 1905.
Extension of return limit to August
31 may be obtained on deposit of ticket
and payment of $1.00 to Joint Agent
at Baltimore, Md.
Stop-overs will be allowed at Oak-
TION-
STIAN
BALTIMORE,
BALTIMORE &
MD,
Sammit
THE STAR, Elk Lick, Pa- tf
land, Mt. Lake Park, Deer Park and
Washington, in either direction.
For detailed information apply to
nearest B. & 0 Ticket Agent or C W
Bassett, G. P. / 3.& O. BR. R.,, Bali-
more, Md. 6-29
H& The Pittsburg Daily Times and
THE STAR, both one year for only $3.76
cash in advance. Send all orders to|
REPUBLICAN TICKET.
For SReriff.
WiLrLiaM BEGHLEY,
of Somerset Borough.
For Prothonotary.
CHas. C. SHAFER,
of Somerset Borough.
For Recorder of Deeds,
Jonx R. BoosE,
of Somerset Borough.
-For Clerk of Courts,
Mivrox H. FIKE,
of Meyersdale Borough.
For Clerk of Orphans’ Court and Regis
ter of Wills,
Cuas. F. Cook,
of Berlin Borough.
For Commissioners,
JosIAH SPECHT,
of Quemahoning Township.
ROBERT AUGUSTINE,
of Somerfield Borough.
For Treasurer,
PETER HOFFMAN,
of Paint Township.
For Auditor,
W. H. H. BAKER,
of Rockwood Borough.
J. 8S. MILLER,
of Somerset Township.
For Poor Director,
WiLLiAM BrAaNT,
of Brothersvalley Township.
JoHN MOSHOLDER,
of Somerset Borough.
For County Surveyor,
ALBERT E. RAYMAN,
of Stonycreek Township.
NEW TURN IN LICENSE CASES.
Late Superior Court Decision at
Variance With Hair-Splitting
Decision of Judge Kooser.
It now looks as though the fifteen
Somerset county hotel men, who were
recently refused license on account of
a trifling omission in their petetions,
would yet be granted that which was
denied them by the recent far-fetched,
Inbored and hair-splitting decision
handed down by Judge Kooser, who
took the ludicrous position that he had
no jurisdiction to allow an innocent
error to be amended. The Superior
Court, however, and every judge com-
posing it, too, takes a far different and
more common sense view of the matter.
In Lycoming county, at the last
license court, Frederick Oberfell ap-
plied for license to sell liquor. His pe-
tition had the'same omission that fif-
teen good hotels in Somerset county
were turned down for, but the Lycom-
ing judge allowed the petitioner to
amend his application by supplying the
necessary correction, and then he
granted the license. The temperance
people of Lycoming county took the
position that the court had no right to
allow the amendment to be made, and
they carried the matter to the Superior
Court. The Superior Court promptly
concurred with the opinion of the lower
court, and following is the complete
text of it’s sensible opinion and de-
cision:
IN THE SUPERIOR COURT OF PENNSYL-
VANIA, SITTING AT WILLIAMSPORT.
No. 3 March
Term, 1905.
Appeal from order
of Court of Quarter
Sessions of Lycom-
ing County.
In Re Petition of
Frederick Oberfell
for
Retail Liquor License
Rice, P. J.
The appellee’s application for a re-
tail liquor license was in the exact
form prescribed by the statutes, and
was complete in every particular, ex-
cept that the spaces left for the names
of his proposed sureties in the ninth
paragraph of the printed blank were
not filled. Was this a fatal defect?
The statute does not require that the
bond be filed with the petition but it
does prescribe that the applicant set
forth the names of his proposed sure-
ties, and that this be done a certain
length of time before the day of hear-
ing. This statutory pre-requisite was
intended for the information of the
public, and cannot be regarded as
merely directory. But in determining
whether there was substantial com-
pliance with the statute in the pro-
ceedings under review, we must look at
the whole record. On the same sheet
with the petition, the affidavit of the
applicant and the certificate of the free
holders was a bond duly executed by
the applicant and his sureties. True,
their names did not appear in the pe-
tition proper, but the applicant having
thus filed and tendered with his pe-
tition a bond executed by them, the
| averment of his petition that his pro-
| posed sureties were worth the amount
required by the act giying it a reason-
| able intendment, must be deemed to
| refer to the sureties who executed the
| bond. No member of the public,
| amining the paper as
ex-
a whole, would
have any room for doubt that this was
what the applicant meant. No infor-
mation which the public was entitled
to was withheld, and we do not see how |
any one could be misled. It is to be
noticed further that the motion to
piace of the names of the sureties was
supported by an affidavit of the appli-
cant that they were omitted by mis-
take, that the affidavit to the truth of
the matters set forth in the petition
was made after their names had been
inserted in the bond. and that at the
time he made it he supposed they had
been actually inserted in the petition.
In view of this affidavit and his une-
quiyocal act in presenting and filing
the bond with the petition, we cannot
give our assent to the proposition that
an indictment charging him with mak-
ing a willful and false statement nas to
the financial responsibility of his sure-
ties would be demurrable. The dis-
tinction between this case and the
cases cited by appellant’= counsel: —
Miller’s License, 13 Pa. Superior Court,
272; Kramer’s License 23 Pa. Superior
Court 596 ; Forst’s License 23 Superior
Court 600; 208 Pa. 578, is well stated by
the learned judge below as follows:
“An examination of all these cases will
show that there was nothing upon the
record or in any way connected with
the petition, from which an amend-
ment could be made or that would give
notice or information to any one who
might examine the petition, of the
facts omitted from the petition, and in
that respect they differ from the case
in band. Here the record itself shows
who the bondsmen are, and the evi-
dence before us shows that the omis-
sion of the names from the petition
was but a clerical omission and could
mislead no one, as all the essential
facts were contained in the record,
from which the omission can be sup-
plied and an amendment made.”
We adhere strictly to the doctrine of
Forst’s License supra ; but in that very
case the power of the court to permit
amendments in matter of form merely
was impliably recognized, and it has
been exercised in numerous analogous
cases. We are all of opinion that the
defect complained of in this case was
one of form only, and not of substance,
and therefore was curable by amend-
ment in the discretion of the court,
under the common law power which
every court of record has. See Pa.and
N. Y. R. R. Co. vs. Bunnell 81 Pa. 414.
The other objection made in the
court below to the granting of the
license, and reviewed here, will be
considered and disposed of in Fourney’s
License in which we file an opinion
herewith. The order is affirmed.
It is now up to Judge Kooser to do
justice to the hotel men he refused
license on a mere technicality, and it
is also time for Cal Lowry, Bill Ruppel
and a few dirty political schemers to
crawl into their holes. J. A. Berkey
isn’t a political corpse yet, by a blamed
sight.
DECIDED IN POETRY.
From The Green Bag.
In the case of Harvey Steel Com-
pany versus United States, the court of
claims recently rendered a judgment,
by a majority of four of the five judges,
the majority opinion being written by
Nott, chief justice, and a dissenting
opinion by Wright, justice. The fol-
lowing lines are dedicated to Mr. Jus-
tice Wright.
That Wright is Wright and Nott is Nott,
Logicians must concede.
That Mott is right and Wright is not,
Four judges have decreed.
That Nott is right and Wright is not,
We all must now agree;
Then Nott is right and Wright is Nott—
The same thing, to a t.
If Nott is Nott and Wright is Nott,
It comes without a wrench
That we have not, if not two Notts,
Five judges on the bench.
If only four, as shown before,
And three agree with Nott,
The judgment is unanimous,
And Wright's dissent is naught.
The knot is not, is Nott not Nott?
But is Wright right or not?
Is Nott not right? What right has
Wright
To write that Nott is not?
Do I do right to write to Wright
This most unrighteous rot?
tee
RHEUMATIC PAINS QUICKLY
RELIEVED.
The excruciating pains characteristic
of rheumatism and sciatica are quickly
relieved by applying Chamberlain’s
Pain Balm. The great pain relieving
power of the liniment has been the
surprise and delight of thousands of
sufferers. The quick relief from pain
which it affords is alone worth many
times its cost. For sale by E. H. Mil-
amend by the insertion in the proper |
NO. 14.
| STRIKE 1
IS OFF.
| Just as we go to press a report
| renches us from Meyersdale, and it
seems to be thoroughly confirmed, that
the miners’ strike in this region has
this day been declared off. The useless
struggle lasted 16 months and 4 days,
and so far as the coal companies were
concerned, the strike was a thing of
the past long ago. No other strike in
this region ever made such a large
number of fools as the last one, and the
time has at last arrived when many
short-sighted miners must admit that
they have been ruined by the advice of
their pretending fool friends, such as
the Meyersdale Commercial and others,
who held out false hope to them in-
stead of printing the honest, naked
truth, as Tre Star has done. The re-
lief suckers can now shed their coats
and go to work, if they can get the
work, but many of them will not find it
in this region. and many of them are
not worthy of it.
—
CHAMBERLAIN’S COUGH REMEDY
THE BEST AND MOST POPULAR.
“Mothers buy it for croupy children,
railroad men buy it for severe coughs
and elderly people buy it for la grippe,”
say Moore Bros., Eldon, Iowa. “We
sell more of Chamberlain’s Cough
Remedy than any other kind. It seems
to have taken the lead over several
other good brands.” There is no ques-
tion but this medicine is the best that
can be procured for coughs and colds,
whether it be a child or an adult that
is afflicted. It always cures and cures
quickly. Sold by E. H. Miller. 5-1
MARK TWAIN'S DEFENSE OF
STANDARD OIL.
The following letter apropos of Mr.
Rockefeller’s contribution to the
American Board of Foreign Missions,
signed by Satan, was received by Harp-
er’'s Weekly, recently. The editor of
the publication asserts that he has
reason to believe that the name of
Satan is forged, and the name of Mark
Twain is mentioned in connection with
the crime:
To the Editor of Harper’s Weekly.
Dear Bir and Kinsman—Let us have
done with this frivolous talk. The
American board accepts contributions
from me every year; then why
shouldn’t it from Mr. Rockefeller? In
all the ages, three-fourths of the sup-
port of the great charities has been
conscience money, as my books will
show ; then what becomes of the sting
when that term is applied to Mr.
Rockefeller’s gift? The Americar
board’s trade is financed mainly from
the graveyards. Bequests, you under-
stand. Conscience money. Confession
of an old crime and deliberate perpe-
tration of a new one; for deceased’s
contribution is a robbery of his heirs.
Shall the board decline bequests be-
cause they stand for one of those of
fenses every time and generally for
both?
Allow me to continue. The charge
most persistently and resentfully and
remorselessly dwelt upon is, that Mr.
Rockefeller’s contribution is incurably
tainted by perjury--perjury proved
against him in the courts. It makes us
smile—down in my place! Because
there isn’t a rich man in your vast city
before the tax board. They are all
caked with perjury, many layers thick.
Iron-clad, so to speak. If there is one
that isn’t I desire to acquire him for
my museum, and will pay Dinosaur
rates. Will you say it isn’t infraction
of law, but only annual evasion of it?
Comfort yourselves with that nice dis-
tinction if you like—for the present.
But by and by, when you arrive, I will
show you something interesting; a
whole hellful of evaders! Sometimes
a frank lawbreaker turns up elsewhere,
but I get those others every time.
To return to my muttons. I wish
you to remember that my rich perjur-
ers are contributing to the American
board with frequency; it is money
filched from the sworn-off personal
tax; therefore, it is the wages of sin:
therefore, it is my money ; therefore, it
is I that contribute it; and, finally, it
is therefore as I have said; since the
board daily accepts contributions from
me, why should it decline them from
Mr. Rockefeller, who is as good as I am,
let the courts say what they may?
SATAN.
A DAREDEVIL RIDE
often ends in a sad accident. To
accidental injuries, use Bucklen’s
nica Salve. “A deep wound in my foot,
from an accident,” writes Theodore
Schuele, of Colmbus, O., “caused me
great pain. Physicians were helpless,
heal
Ar-
ler. 5-1
but RBucklen’s Arnica Salve quickly
healed it.” Soothes and heals burns
like magie. 25c. at E. H. Miller’s drug
store. 5-1
who doesn’t perjure himself every year.
»