Aga-
d it
10re
con-
"by
ens,
lite,
ome
1805
1904
E’S,
1!
Loom,
1g, alse
can be
irantee
Nv
33
re
Tn
or and
n to a
urious
on, Vi,
ARS’
ENCE
MARKS
GNS
its &cC.
ption may
Rether an
Can,
argest cir-
'erms, $3 a
wsdealers.
w York
on, D. C.
U it does
mply ade
r a busi-
rtising, a
unfit to
s which
tf
[HE STAR
thing for
per and
rs. Five
n. tf
-
I
} 3
p 1
4
&
y
=
2
[ (4
;
|
%
®
Hi
I
|
2
VOL. XI.
NO. 19.
GS US UGS UGS I US GID
Qn
0 C05 C5 EPI OTT (OTE EP 3
Y
/
BRDDBBBBRBRRBBBRBRD
The store that carries the biggest stock,
the finest assortment, freshest goods
at lowest living prices.
A)
9G
OY
27
SPD,
NN
28 PIC
Y
A
9)
NY)
Honest dealing, prompt service and
courteous treatment to all.
J. L. Barcnuus, President.
8
5
NATIONAL Bi
OF SALISBURY.
Capital paid in, $50,000. Surplus & undiyided profiits, $9,000.
PER GENT. INTEREST
H. H. Maus, Vice President.
ALBERT REITZ, Cashier.
DIRECTORS :—J. L. Barchus, H. H. Maust, Norman D. Hay,
A.M. Lichty, F. A. Maust, A. E. Livengood, L. L. Beachy.
ro eS
On Time
Deposits.
=
2
:
:
&
:
:
»
g
&
®
:
5
:
2
ww)
QAI XS
PUY YI
~
4
ADR
ND
x
NEA
OPE)
DIP UGGS
@ (SY 5
SIA
2)
e
<
@
YG
Pianos rrom $125.00 up.
mean the saving of a good many dollars.
PIANOS.
—1,00K -- HERE]
Organs from $15.00 up.
Sewing Machines from $10.00 up.
The asking for a catalogue, getting pricez and looking over our stock may
bgt) : Agents for the following makes:
ORGANS.
ro FARRAND
M. KNABE & CO. / ,
w. e ESTEY.
BUSH & GERTS, KIMBALL.
SCHOMACHER, SEWING MACHINES.
VICTOR, DAVIS,
HOBERT M. CABLE, WHITE.
STANDARD,
KIMBALL, NEW HOME,
SHUBERT, DAYTONIO,
OXFORD. GOLDEN STAR,
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 Pipe Organs.
REICH & PLOCH, CENTRE STREET, MEYERSDALE, PENNA.
)
|
|
partments.
Elk Lic
kV
Call and see if we can’t save you some money.
ces are very low and our goods the very best.
breatly Pleased
are all people who call to inspect our
immense stock of new, goods in all de-
We have just added to our store
A Nice Line ot Dry Goods.
Our pri- #
BRR
oy
2
8
WEA present duty: Subscribe for THE
STAR.
HERE
| Bassett, G. P. A,
more, Md.
|
| Tug STAR, Elk Lick, Pa:
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.
Hawever, 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, Ee.
L. C. Boyer is my Salisbury sales-
man, and can sell you 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. MCGULLOH, Meersaale, Pu.
E. E. CODER,
Walches, GIOcks and Jewelry,
SALISBURY, PA
Repairing neatly, promptly and substan-
tially done. Prices very reasonable.
AA wet
MER ws
iii
TTY sere ss
This 20th Century bank-
ing method brings this
strong, old bank to every
post office in the world.
Write for Banking by
Mail booklet
Founded, 1362
Assets, $14,000.000.00
4 per cent. Interest paid
PITTSBURGH
BANK FOR SAVINGS
of Pittsburgh, Pa.
SHIRT WAIST
STARCH
Send
for
Catalogue
of
Premiums.
Stronger and whiter than any other starch.
It is made by a new process, whereby, more
of the strength of the corn is retained than
by the old process.
In the top of each pound package there is
a piece of White Polishing Wax and
four balls of best French 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 INTERNATION-
AL CONVENTION, CHRISTIAN
ENDEAVOR,
BALTIMORE, MD., JULY 5-10, via
BALTIMORE & OHIO RAILROAD.
From all points East of the Ohio
River, West of Martinsburg, W. Va.
and South of Summit 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-
land, Mt. Lake Park, Deer Park and
Washington, in either direction.
For detailed information apply to
nearest B. & O. Ticket Agent or C W.
3:& O. B. B., Balti-
6-29
H&™ The Pittsburg Daily Times and
THE STAR, both one year for only $3.75 |
Send all orders to|
cash in advance.
tf
REPUBLICAN TICKET.
For Sheriff.
WirLiaMm BEGHLEY,
of Somerset Borough.
For Prothonotary,
Cuas. C. SHAFER,
of Somerset Borough.
For Recorder of Deeds,
JonN R. Boosk,
of Somerset Borough.
For Clerk of Courts,
MirroN 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. S. MILLER,
of Somerset Township.
For Poor Director,
WirriaM BraNT,
of Brothersvalley Township.
JouN MOSHOLDER,
of Somerset Borough,
For County Surveyor,
ALBERT E. RAYMAN,
of Stonycreek Township.
THE LICENSE CASES.
Superior Court Reverses Judge
Kooser’s Absurd Decision—Will
Now go to Supreme Court,
Says a Newspaper Dis-
patch.
Last week the Superior Court of
Pennsylvania reversed the recent ab-
surd and hair-splitting license decision
of Judge Kooser, with which all our
readers are familiar. When Judge
Kooser handed down his long-drawn,
illogical opinion, it contained a par-
agraph reading as follows:
“As we have said, we would permit
this amendment and grant the licenses.
if we believed we had the power to do
so.”
In view of Judge Kooser’s own dec-
laration, as quoted above, people nat-
urally presume that he will be as good
as his word, since the Superior Court
has reversed his decision and declared
that he hhd the power to permit the
amendment the license applicants,
through their attorney, asked for. The
objecting attorneys, Ruppel and Lowry,
have asked for an appeal to the Su-
preme Court, but whether the case will
go there, remains to be seen. If it
does, it will add another chapter to the
detriment of a set of men who have
already suffered too much injustice on
account of an objection that should
have been completely ignored in the
first place. If Judge Kooser had not
on former occasions granted licenses
on petitions containing the same de-
fects objected to by Ruppel and Lowry,
and the fact that he did so in at least
one case at the last license court, mat-
ters would not look so infernally rot-
ten as they do. But enough has been
said, and “sufficient unto the day is the
evil thereof.”
Following is the full opinion and de-
cision handed down in the matter by
the Superior Court:
IN THE SUPERIOR COURT OF PENNSYL-
VANIA.
In the matter of the | No. 262 April Term,
Application of Ben-|1905. Appeal from
jamin H. Matthews | Court of Quarter
for License to Sell | Sessionsof Somerset
Liquors at Retail. | 5% Filed May 17th,
Porter, J.:
The application of the appellant for
a retail liquor license was in the exact
forn prescribed by the statute, and was
complete in every particular, except
that the space left for the names of his
proposed sureties in the ninth para-
graph of the printed form used for the
petition, the affidavit of the applicant
and the certificate of the freeholders,
was a bond in proper form duly exe-
cuted by the applicant and its sureties.
The petition, affidavit, certificate and
bond were together filed of record.
Objection having been made to the
sufficiency of the application upon the
ground that the names of the bonds-
| men had not been written in the pe-
tition proper, the appellant presented
a petition, verified by affidavit, setting
| forth that the bond was attached to and
| formed part of the petition, that all
persons were thus informed as to who
were the sureties and that the omission
of the names of the sureties from the
| ninth paragraph of the petition was a | price 50c.
mere oversight of the petitioner and
his attorney, and praying the court for
leave to amend the petition by insert-
ing in paragraph nine the names of the
sureties, as they appeared upon the
bond attached to the petition. The
court below declined to permit the
amendment and refused to grant the
license, whereupon the petitioner ap-
pealed.
The learned Judge of the Court be-
low, recognizing the fact that only the
record proper could be considered upon
appeal, and desiring to present the
question in a manner which would per-
mit of his judgment being reviewed,
incorporated in the order dismissing
the petition the grounds upon which
his judgment was based. The order
from which we have this appeal is in
the following language. viz: “As we
have said, we would permit this amend-
ment and grant the license, if we be-
lieved we had the power so to do. But
upon careful examination of the au-
thorities and of the papers in the case,
we are of opinion that we are without
jurisdiction of the case, and conse-
quently without the power to allow
the amendment, and, for the reasons
given, refuse to permit the amendment
and refuse to grant the license.”
“By THE Court.”
The recard proper thus clearly shows
that the court below declined to per-
mit the amendment and dismissed the
petition for a license because, it was,
in the language of the order, “without
jurisdiction of the case.” The learned
judge interpreted Miller's license, 13
Pa. Superior Ct. 272; Cramer’s license,
23 Pa. Superior Ct. 596 ; Sauer’s license,
23 Pa. Superior Ct. 464, and Forst’s
license, 23 Pa. Superior Cf. 600 and 208
Pa. 578, to mean that the Court was
without authority to permit any
amendment of the record in a license
proceeding. There is a distinction be-
tween amendments which cure defects
purely formal and those which go to
matter of substance. We have held
in the case of Oberfell’s license, decid-
ed at the present term, that where a
bond in proper form is attached to and
filed with a petition for a license, which
is regular in all respects, except that
the space left for the names of the pro-
posed sureties in the ninth paragraph
were not filled, the defect was one of
form, and curable by amendment.
That decision was announced after the
learned judge of the court below had
made the order here appealed from,
but the cases are in all respects the
same, and tke opinion .of President
Judge Rice, in Oberfell’s license, covers
the question here presented. The
court below had jurisdiction of the
case, and was vested with a discretion
to allow the amendment prayed for
and to grant the license, if, upon the
hearing, satisfied of the public neces-
sity and the fitness of the applicant.
We do not decide that the license must
be granted; upon that question the
court below must exercise its discre-
tion. The order of the court below is
reversed and the record is remitted for
further proceedings accordidg to law.
eS
As Viewed by the Confluence News.
The decision of the Superior Court of
the state on the Somerset county li-
cense case was rendered yesterday,
and reverses the decree of the lower
court in all the cases but one. This
exception is a Salisbury applicant, and
in his case the validity of the bond on
his application is te be re-argued, but
he will doubtless get his license also.
The hotel-keepers of Somerset county
who have had their application for li-
cense held up and thrown out by Judge
Kooser over a quibbling technicality,
are about to get the licenses that
should have been granted in the first
place. The ruling of the Superior
Court must be considered as a great
victory for Attorney Berkey, against
whom the whole fight in these liquor
cases has been really directed by his
political enemies.
Turvey Acquitted.
Samuel Turvey, who was on trial at
the present term of court,charged with
the murder of Wm. Sutton, the partic-
ulars of which case are well known to
all our readers, has been acquitted, the
evidence against him not being strong
enough to conviet him on.
TERRIFIC RACE WITH DEATH.
“Death was fast approaching,” writes
Ralph F. Fernandez, of Tampa, Fla.
describing his fearful race with death,
“as a result of liver trouble and heart
disease, which had robbed me of sleep
LICENSE COURT'S uISCRETION.
The Altoona Tribune is very em-
phatic in the opinion that Judge Koos-
er’s refusal of certain applications for
license in Somerset county was not re-
viewable in the Superior Court, for the
reason that the license court is clothed
by the statute with discretionary
powers.
Our esteemed contemporary has
stated the law correctly, but the facts
seem to have escaped its observation.
The Somerset licenses were refused
for the reason, set forth at length in
an opinion filed, that the papers were
defective in form ; that this defect was
fatal, and that the court had no choice
but to refuse the application. The
court in this case distinctly disclaimed
its diccretionary power. The appeal
was taken on a purely legal question,
entirely proper to review. The higher
courts recognized this fact, and if the
logical mind of the lay brother of the
Tribune will pause a moment and think,
we are quite sure it will revise its
opinion.
While the license courts have dis-
cretionary powers in granting of
licenses, they must follow the statutes,
and if the record shows that they have
departed from the law, the higher
courts will intervene to correct the
error.
If Judge Kooser had simply announc-
ed from the bench that certain appli-
cations were refused, this would have
been an exercise of his discretionary
powers that would not have been re-
viewable, the higher courts having held
that in the absence of any reasons
given the court must be presumed to
have acted with sound discretion, and
its decision must be accepted as final.
—Connellsville Courier.
The Courier takes a logical and sen-
sible view of the Somerset county
license muddle. Its position is abso-
lutely correct, and the longer the ap-
plicants who were’ refused license on
account of Judge Kooser’s hair-splitting
and far-fetched decision are kept out of
their license, the more people will ac-
cuse Judge Kooser of partiality and un-
fairness. We may take a wrong view
of the court’s motives, but the whole
thing looks like an effort to kill J. A.
Berkey’s political prospects in order to
benefit a relative of the Judge, even
though it means financial ruin to some
of Mr. Berkey’s clients. Of course, we
are not saying that the court had any-
thing of that kind in view, but people
will nevertheless take that view of it,
and they can’t be blamed for it, either.
But, no matter what the motive was,
we,as well as many others, regard
Judge Kooser’s decision as one of the
thinnest things we have ever seen in
print, and that it has greatly lowered
the court in the estimation of all fair-
minded people, there is not a particle
of doubt, if we are to judge by what
we hear people say.
ree
TIME TRIED AND MERIT PROVEN.
One Minute Cough Cure is right on
time when it comes to curing Coughs,
Croup, Whooping Cough, ete. It is
perfectly harmless, pleasant to take
and is the children’s favorite Cough
Syrup. Sold by E. H Miller. 6-1
FIRE AT JENNINGS. .
Babe Three Weeks Old Perishes in
Flames.
Jennings, Md., May 23, 1905.—Fire
destroyed a dwelling house owned by
Jennings Bros. and occupied by Clar-
ence Broadwater, at 6 o'clock, Monday
morning last.
Mrs. Broadwater had arisen and
built a fire in the kitchen stove, then
left the house for a few minutes. When
she returned the house was all ablaze.
She aroused the rest of the family at
once, and Miss Pearl Robinson, a sister
of Mrs. Rroadwater, threw their 3-year-
old boy out of the second-story window
and jumped out herself, no one was
able to reach their 3-weeks-old babe,
which was consumed in the flames.
Miss Robinson was hurt some by the
jump, but the boy was unharmed.
Nothing was saved at all, and Mr. and
Mrs. Broadwater have the deepest
sympathy of the community in their
double loss.
SAVED BY DYNAMITE.
Sometimes, a flaming city is saved by
dynamiting a space that the fire can’t
cross. Sometimes, a cough hangs on so
long, you feel as if nothing but dyna-
mite would cure it. Z.T. Gray, of Cal-
houn, Ga., writes: “My wife had a very
aggravated cough, which kept her
and of all interest in life. I had tried
many different doctors and several |
medicines, but got no benefit, until T |
began to use Electric Bitters. So won- |
derful was their effect, that in three |
days I felt like a new man, and today I |
am cured of all my troubles.” Guar-
anteed at E. H. Miller's drug store; |
6-1
| guaranteed.
awake nights. Two physicians could
not help her; so she took Dr. King’s
New Discovery for Consumption,
Coughs and Colds, which eased her
cough, gave her sleep, and finally cured
Strictly scientific cure for bron=
chitis and La Grippe. At E. H. Mil-
ler’s drug store, price 50c. and $1.00;
Trial bottle free.
her.”
6-1