THE EVENING HERALD V JLu VII1.--KO. 40. SHENANDOAH. PA.. TUESDAY. APRIL IS. LS.l)3. ONE OEInTT. ft ft. IS I Li wl HI he. LTE That is just what we are going to do. Open your eyes to a realization o the fact that you can buy more goods for 50 cents at the Shenandoah Ready Pay S Than anywhere else for $1.00. They are all fresh goods moving daily and as good as any in the market. Everything Not in prices. this list sold at extremely low Give us a call and be convinced. Beat family Hour, (quality guaruu. teed) per 100 lbs $2 10 10 caua marrow fat peas 1 00 12 cans good corn 1 00 10 caua btst corn 1 00 12 caua cold tucked tomatoes, (Standard) 1 00 10 cans cold packed tomatoes, (whole) 1 00 30-lb pail best jelly 90 7 II tl OJj 0 " " 70 30 preserves.. 00 3J " " " 25 1 toy pall apple butter, 5 lbs 25 10 3-lb bars yellow soap, 1 00 0 pieces yellow soap., 6 pieces Miners' soap 25 G pieces white soap., 7 Iba Carolina rice.. !o 25 4 qts soup beans. 6 lbs XXX soda crackers 25 4 lbs Muscatolle raisins, no stems 25 1 lb best Sultana prunes 10 3 lbs evaporated apples 4J lb j dried pears 25 4 lbs small pretzels 25 3-lb box silver gloss starch 15 0 lb a loose silver gloss starch 25 1 keg of best Holland herring 55 Maoierel, large, fat and white, per lb 13 All goods promptly delivered free of charge, will receive careful and prompt attention. 114 South. arpets and 0 pretzels or Pretzels -ITIGI1 FULL $4,50Zrer MT kesxtesr's i tore in the Grocery Line ! Mackerel, large, fat und white. per kit 1 00 4 U s best bonelesscod llsb 25 Parlor Pride polish, regular price 15c 10 3 battles flavoring extracts, large size 25 1 lb best ground pepper 15 3 doz large green pickles 25 Chow Cbow aud mixed pickles, per qt 10 1 lb Joker plug chewing tobacco 28 1 lb Gall & Ax smokiug 28 7 cans bent table peaches 1 00 No. 7 broom, 4 tie. 25 No. 0 broom, 3 tie 20 4 boxes Red Seal lye 25 4 bottles blue, large size 7 bottles blue, small size 25 Sealed herring, 60 In box, per box 15 1 lb baking powder, equal to any 1 7 boxes oil sardiucs 25 0 lbs pood tea, regular price 25c... 1 00 3 lbs best tea, retular price 4U'... 1 00 Pure cider vinegur, apple juice only, per gallou 14 Cigars, per box of 100, from $1 to 0 50 Gold Dust washing powder, 4 lb box 21 Cottoline, in 3 aud 5 lb pail, per lb 14 Mail orders 9 Main Street. Cloths. New SiipleA and TIandaomv JPatUnis 'Re ceived almost daily. It you want tlum sewed, ready for moving or house cleaning, OltJDEIt XHJSM NOW. Agency for thv Original MfDJtAYIAN BRETZJ2LS. SIw finest article oj , tJie kind nmd. GliADE- EOLLHR FLOUR, Barrel.- HAD 1 jpiCTIOl THE COURTS' OPINION IN THE WATER CASE. JODGK WEIDMAN'S VIEWS IN FULL The WtUor Company's Petition Was Thrown Out Bocauso tho Contest Kaisod Could Not be Considered. HE following Is a full roport of tho opinion banded down by tho court at Pottsvlllo yes terday in tho injunc tion suit of tho Shen andoah Water & Gas Co. vs. the Borough of Shenandoah. Tho re port is verbatim and gives all tho review as made by Judge Weid- mm. Judgo Bcchtcl's opinion was a verbal one. Opinion : On July 11, 1892, a petition was filed In this court by scveutyono citizens of Shenandoah asking thai their petition should bo filed of record, that a tlmo for hearing bo appointed, that a rulo bo granted upon respondents to answer their complaint, that an order bo granted to correct tho mistnko of tho election olllccrs of tho several wards of said borough and declaring that tho certifi cate issued for tho incmiso of indebtedness is null aud void ; that it be decreed that tho action of tho members of tho Town Council and others associated with them was wholly illegal and that tho petitioners bo not ro quircd to pay tlio tax proposed to bo lovied j and that tho Council of paid borough, its tax collectors, assessors and other olllccrs bo restrained from lovying a tax upon petitioners and tho people of Baid borough by virtue or by reason of tho special election held for Increasing tho Indebtedness of said borough and that said election was unauthorized, illegal and void and of no effect as concern ing any of the citizens of Baid borough ; and for such other action as to tbo court may seem meet. On tho same day, all tho Judges being present at tho making of the application, tho petition of M. I'. Fowler, et. al., contesting tho election for tho incrcaso of tho Indebted noss of the lioiough of Shenandoah, was deemed sufficient fur filing aud tho samo was directed to bo filed In tho Court of Quarter Sessions of tho Pence and it was directed that notice of tho filing of the said petition bo served on all tho officers of the Borough of Shonaudoali by copy of this order; that copy of said petition bo tened on such several officers, and that a hearing bo had on Monday, the 18th day of July, 1892, when a tlmo shall be fixed for the filing of an an swer. Tho court also granted a rulo upon said potltion to show cause why said election should not be set aside, returnable on tho same day. The substance of tho complaint of the peti tioners, as stated iu said petition, is that tho boiough authorities in their proclamation calling for the election published certain false and misleading statements of fact which deceived tho voters, viz: (1) as to tho amount of tho usscssed valuation of property in said borough; (2) as to the amount of tho avail able assets of said borough; (3; as to the rate of percentage which Baid indebtedness would represent of tho assessed valuation of said borough; (4) as to the cost of tho proposed new water works. They further complain that tho form of ballot used was illegal; that tho election was held In violation of aud without authority of law; that the result of the election will bo to require them to pay money in tbo form of taxes which is not legally due; that the filing of tho'return was illegal; aud that tho cor ti flout o setting out the number of votes oast was illegal. Ou December 19, 1698, respondents, tbo Chief Burgess aud Borough Council of Shen andoah, filed a motion to quash this petition setting outjtbo following reasons, viz: ir. That tho Court has no jurisdiction in the matter; that the laws allowing election coutests refer exclusively to the election of public officers. III. That it is not charged that tho ejection was illegally hold or conducted, orthat Illegal votes were received, or legal votes rejected, or that tho election officers were guilty of any error or misconduct whatover, or that their roturn of said election was in any respoct un. true or incorrect; and that there is nothing In said petition that in anywise impeaches the honesty aud Integrity of said election, or of tbej return thereof, iv. That the petition does not show where in it is claimed that the election was nndno or illegal. V. Tho affiants are bound by law to swear not only that the election contested was un due or illegal but also "that that tho return thereof Is not correct;" that In this caso the! domeauor, and that certified copies of. affidavit is fatally delectlvo In this respect in BUcU leCori, &c,, shall be competent evl merely stating "that tho return thereof being ,jonco jfco. illegal is incorrect." VI. That Charles V. Dengler, being a con testant aud party in interest, was not qual ified to administer the oath to his fellow con testants. VII. Nouo of the affiants aro named in tho body of the affidavit and the fact that they lr.ln,i tl,.lr fi,.,t An nm show that they wero sworn. viii. That tho petition of contest in this onee is iu iiibstauee and to all Intents and purposes a Bill in Equity and the Court of yuarier sessions nas no jurisdiction m tlie premises or authority to administer any of mo rcnei prayeu lor. At tho argument It seemed to be conceded tiunr jurisdiction were conferred upon this court by statute suoh authority was to be found only iu statutes enacted itinco 1873. The statutes rolled upon by the contestants uro tho Acts of 187-1 and of 1801 Socliun 17, Artiolc bib, of the Constitution of 1873 provides that "Tho trial and deter mination of ooutested elections of electors of President and Vice President, niemborsof tho General Assembly, and of all public officer), whether Blate, Judicial, municipal or local, shall bo by courts of law, or by ono or more ot tho law Judges thereof; tho General Assembly shall, by general law, designate tho courts and judges by whom the several classes of olection contests shall bo tried, and regulate tho manner of trial aud all matters incident thoreto." I Tho Legislature in pursuance of this mandato by n general law (P. L. 180 1, p. 203) j accepted this classification and enacted "that j tho sovcral classes of elections which may lit contested In tills Commonwealth aro hereby distinguished and designated as follows, to wit : "i. Tho Governor and Lieutenant-Governor of tho Commonwealth. li. Election of President and Vice Prod dent of tho United States and all olllccrs of this Commonwealth (oxcept (iovernur aud Lieutenant-Governor) who aro now or here after shall bo required to bo elected by tho qualified voters of tho state at largo. in. Tho Judges of the several courts of record, to bo learned in the law, other than Judges of tho Supremo Court. IV. All otmr officers (excepting members of tho General Assembly) whether elected by tho qualified voters of counties, cities, town ships, boroughs, wards, school districts, or any othor division of tho stnto." By this Act cases of tho first class are triablo beforo a coiundtteo selected Ironx both houses of tho Geneinl Assembly; cases of tho second class botoro the Judges of tho Common Pleas of Dauphin county; casos of tlio thiid class In tho Common Pleas of tho county whero tho penon returned or elected shall rosido ; aud by glGtli of said Act, "Casos of tho fourth class shall bo tried and determined by tho court of Quarter Sessions of tho Peace of tho county in which tho election contested shall bo held." So far as tl)is Act Epeaks there aro only four classes of elections "which may bo con tested iu this Commonwealth" sineo that Act. aud of these four classes there is onlv ono class, vjs : tho fourth, with which tho Court of Quarter Sessions is empowered to deal. Is thi'fcpccial election on tho question of tho incro&o of IndehtedtiPfiH in tlin linr ough of Sbcjnhdoab embraced iu that class? To quoto tho languago of the Act is to answer this question in tho negative It relates only to "officers" "elected by tho qualified voters" "of boroughs," &c. It is not pretended that tho title of atfy officer to an offico of this borough is in controversy. It may bo well to observo that tho petition and order of Court in this caso seem to have been framed In pursuance of tho directions stated iu tho .18 of this Act, It Is further argued by tho petitioners that tho Act of 1674 authorizing munlcipalties to Increase their indebtedness (P. L. 1871, p. Co) lequires(j) 3) the election to bo held (as amended by Act of 1691, p. 25i) at tho place, timo aud under tho samo regulations as pro vided by law for the holding of municipal elections; that tho judges and inspectors of such elections aro to receivo tho tickets, &c, and to deposit said tickets in a box provided for that purpose, as is provided by law in ro gard to other tickets received at said elec tion; that tho tickets so received shall bo counted and a rcturu thereof made to the Clerk of the Court of Quarter Sessions of tho rropcr county, duly certified, as is required 1, law, together with a certified copy of tho ordinance and tho advertisement, and that said clerk shall mako a record of tbo samo and furnish u certified copy thereof, under seal, showing tho result to tbo corporate au thorities of such municipality and the same shall be placed of record upon tho minutes thereof; that in receiving and counting and in making returns of the votes cast, the in .pectore, judges aud nlerks of said election shall be governed by the laws of the Com monwealth regulating municipal elections; and that the votes shall be counted by the court as is now provided by general laws governing municipal elections; and that all penalties of the election Uws are extended to the voters and officers at such elections; that before issuing any bonds or obligations it shall be the duty of tho principal officer or officers of sueh municipality to prep.re a statement, showing the actual indebtedness of such district, tho amount of tho lost pre ceding asfctfed valuation of tho taxable property therein; tho amount of debt to bo incurred, the form, number and date of maturity of the obligations to be issued there for, and tho (mount of tho annual tax levied and assessed to pay the said Indebtedness; that ho shall make and append thereto his oath or affirmation of tho truth of the facts therein stated and shall file the said state ment In tho uce of the Cterk of tho Court of Quarter Sessions of tho proper county and t,run fnllnrA kn in An slinll milltv tf a -nta. From the abovo statement It appears that the vote sbal be couuted by the court at is , how provided by general laws governing municipal elections. What Is this method ? Turning to tho Act of 1874 .13 (P. L p. 38; we find that "Nothing in this Aet shall require the r(turus of election on township . i..,.r. M- , . directed in this section, but all returns of the olection of township and borough officers shall be enclchd in a sealed cover, directed , to tho Prothonotary of the Court of Common l'leas or the proper county, and Bn.all, by some oue of them, be delivered Into his office wltliiu tlireo days alter such electiou and filed therein." This was changed in the! sameyoartP. L. 1874, p, 41) so "aj to re- quire tlie returns of the election of township and borough officers to bo directed to Me clerk of tho Court of Qunrter Sessions of tlio proper county, Instead of tho Prothonotary of the Court of Common Pleas as provided" In tho Act abovo cited. From this reference to tho Acts of Assembly it appears that by tho genoral laws then In forco the court was not required to count tbo voto In boroughs, or In fact It Ins never been dono In this county under those acts, and that in fact the legal requirements aro fulfilled, so far as borough elections aro concerned, by filing tlio returns with tho Clerk of Quarter Sessions of tho proper county. Tho languago used may be explained by tlio fact that in municipalities other than boroughs and townships the court was then required to count tho voto. Whether this requirement satisfactorily explnlns tho use of this expression or not, tlio use of it cannot reasonably bo given such force as to repeal tho law as declared in tbo two statutes abovo cited which wcro both passed for tho express purpose of establishing tbo practice on this subject as to borough and township elections. No expression is pointed out In these Acts as confoirlng upon the Court tho power to usaunio jurisdiction of a contest but tho claim is founded upon tbo theory that as tho returns are brought by tho d rection of tho law itself Into tho hands of tho Clerk of tho Quarter Sissious court for tho purposes of making a record in that court, tho court by the common law would have control of this record to determine its truth or falsity to tho extent of a determination of tho legality and regularity of tlio olection. For such an in fcienco no authority is oited. On tho other band In tho case of Auchenbnch vs. Soibert, 120 1'a., 170, tho Supremo Court have re cently said, iu speaking of the jurisdiction of tho Court of Quarter Sessions, "It is only iu coutostcd election cases that tho Court has jurisdiction, and as this juris diction is not ono of common law it cannot bo oxtended by implication beyond tho pro Bciiptious of tho Act iu which it originates." And by way of further illustration of the roluclanco of courts to transcend the limits of jurisdiction as defined by statuto wo refer to llulsemun ct. al., vs. Rcnnetnl, -11 Pa., 401 Collins' caso, 2 Gr., 211; Ito Election 19th ward, 1 W. N. C, 114; Skerrctt's case, 2 Parson's Lq. Casos, p. 509. Whether the omission to provido for a con test of such an election wirs intentional or siuiply overlooked wo do not know, but in this connection it is to bo observed that the municipality is not left entirely unprotected Tho Act provide "That whenever the debt of any county, city, borough, etc., shall bo equal to soven per centum upon tho assessed valuation of taxable property, us fixed by tho last preceding asos$ ed valuation therein, it shall be unlawful to increase tho same, and all such increase shall be void and any obligation isntrd for such increase, or any part thereof, shall be of no binding force won such muni civility: and each of tho officers thereof wilfully authorizing such increase, or oxe cuting any obligation therefor, shall bo guilty of a misdemeanor, and upon conviction thereof, shall bo fined notoxceoding $10,000 and undergo an imprisoumcnt not exceeding one year, or elthor, at the discretion of the Court trying tho samo." However that may bo this Court seems to bo without jurisdiction to determine the question raised by this petition. Some of tho other exceptions require notice The 4th exception claim that the petition is dofectivo In not stating wherein the election was undue and illegal, not stat ing tho facts showing that It was illegal. Judge King In Skorrott's case, 2 Parsons BOO, thought that this in itself was n fatal defect, Tho Act requires tho affidavit to state that "the return thereof" Is not correct! Tho affidavit in this case does not follow the act. It-states "that the roturn thereof being illegal is incorrect." The 6th and 7th exceptions seem to be mere Irregularities aud to practically conform to the Aet. The 8th is disposed of by the cooolusion stated above on the question of jurisdiction. As tho allegations mailo against the regu larity aud legality of the election are before the Court in another form of procedure iu view of our oouclusiou we refrain from any discussion of them in this connection. Aud now, April 17th, 1893, the above petition and all proceedings thereon are dUiniseed fur want bf jurisdiction. By the Couet. Aud now April 17th, 1893, D. C. Kenning, Attorney for petitioners, asks for an excep tion. Tlio court grant tho samo and seal a bill. Maso- Wbidman. Additional Law Judge. Every family should havo tho Genuine Imiorted Author Pain Kxpeller In tho bouse. It is the best known remedy for Influenza, Backache, Pains In the Side, Chest and Joluts. It is and. ever will be the best rem edy for all Rheumatic complaints. 96 prise medals awarded to tbo manufacturers of this valuable preparation. 35 aud GO cents a i . . bottle, at U. 11. llagenbueh, i: v. V. Klrltn, J, M. Illllan, aud other druggists. 3t "Admiral. Man wants but little aud ho gets It wbon he buys a cheap elgasajp In preference to the "Admiral." Thli cigarette Is not made by tho trust For further particulars oall ou or address B. Labowa A Co , Man&noy City, ' Pa. ! ,t . , . ' 7". , ' . whether with plenty of money or friends, often need a good Cough and Croup remedy. Dr. Coxe'a Wild Cherry and Seuetca fills the bill I Best work done at Breunan's Steam Laun- 1 jry. Everything white and spotless. Lace ' curtains a specialty. All work guaranteed. Fresh Morris River Cove Oysters received dally at Coslett's. 9 22-tf GRADUALLY INCREASING THE POLLING IN LAB TEACHERS' .thbi;;po?u- CONTBST. Alln Hleln Is Stmiillly Drawing Up to tlio no OOO Murk MUh Connelly In Alio Sinking I. one, Stnitly Strides Tlio Oram! Toliil, Agnes Stein "arm Macao 11. Waslcy :!.-,H.-, I Nolllo Halrd 35740 Mary A. Conuolly 1786T Mahnlu Palrohlld ,:117) Prank H. Williams 80HS Carrie Faust SeHO rYnna M.Denglcr SMS Mary A. LafTcrty SHft Bridget A. Burns .. 3SKM Onrrle M. Smith 51 Hattie Hess 1864 Lltlto 11. Phillips 17K Mary A. Staok.... 1061 Jamos K, Lewis 010 Ella Clauser SHS Ilnnnah Iteeso , BIS Magglo Cavanaugh..... 5AS Clara Cllno ECO Annfe Mansoll ., 500 Irono Shane SOT ' Hadlo Uanlell .00 Jennie llaraage......... SflS LtzzleLoho H Ltzzlo O'Connell 106 Votos polled Saturday 1915 Grand total 181-17 Tlio change of weather has no effect upon tho IIi:i:ai,d'b popular public school teachers' contest. Messengers continue to pay their visits to tho contost editor daily with packagos of votes in rain and sunshine and It is very seldom that the poll of votes for a day fall below 2,000. Tho averago is far abovo Unit figure. Tho grand total figuros are running to a high notch and within a week will probably bo up to 200,000. Rheumatism is quickly cured by ..mica uud Oil Liniment. using lm Slurried. John McGowan, tho East Centre slreot boot and shoo dealer, and Miss Ellen F. Fiunerty, formorly a teacher in tho public schools of this borough, wcro married nt the Annuncia tion church on West Cherry street this morning at 9 o'clock, Rev. Father Kano officiating. Miss Eliza J. Fiunerty, sister of tlio bride, was tho bridesmaid, and George Decker, tho groomsman. Only immediate frieuds of the contracting parties wero present. Mr. and Mrs. McGowan loft town immediately alter the ccremouy &'?"! FrloF" tour, which will include visits to Philadelphia and New York. Have m ISquill. Allcock's Porous Plasters have attained a world-wide reputation solely upon their su perlative merits. They havo many would-be rivals but have never been oquallod or even approached in curativo properties and rapidi ty and safety af action. Thoir value hasbeen attested by the highest medical authorities as well as by unimpeachable testimonials from those who have usod them, and they aro recommended as tho best external remedy for weak back, rheumatism, seiatioa, colds, coughs, sore throat, chest and stomach affections, kidney difficulties, weak muscles, strains, stitches, aud aches and pains of every description. Beware of imitators, and do not be deceived by misrepresentation. Ask forAlloook's, ami let no solicitation or explanation induce you to accopt a substitute. Tim G. A, 11. l-'nlr. Tho fair to be held in Robbius' opera house under tho auspices of Watkin Waters Post, No. 110, G. A. li., for tho benefit of the widows' and orphans' fund of the Post, will open to-morrow evening. It is hoped thn fair will be liberally patronised by the public, as it is for a very worthy cause. USE DANA'S SABSAPAEILLA ,IT "THE KIND THAT CURES." Additional lqulpment. The equipment of the 11 khali) offiee vra yesterday enlarged by the addition of fear large oomposiug stones, which will keep til office to the front with facilities to fill fctrg orders for all kind of printing at tfcwt notice. When you ore troubled with dinincM your appetite all gone, and you feel bad gen erally, take a few doses of Dr. Henry Hal ter's Mandrake Bitten, and you will be sur prised at the improvement iu your feelings. Every bottle warranted to give satit-aettea. lm Lehigh I'ay Day The employes of the Lehigh division of the Philadelphia and Reading Railroad system were made happy yesterday by a vifit of the pay oar. All the employes of the. Dolano, Mahanoy City, Shenando.h, Ashland and Mt. Carmyfl divisions were paid In the morning ami the Hazleton division em ployes received their pay in the afternoon. USE DANA'S SARSAPARILLA, rra "THE KIND THAT CURES," Wanted, To complete) files, two conies each o the Bveninq Uekali) of January 1st, 3d an 1th, and February 5th, lfe. A liberal pries rill bo paid for the same. Buy Keystone flour. Be Mire thai the name Lh-uq A Bask, Ashland, Pa it jruHl an every sack. 3-l4tow Sapwrtor goods at H per cent. lower the '(where at HcddMtBaH'a iawelry -tore. g QARPET BEATERS, All Kinds, ut Fnc fee's Curpei Store, S. JardinSt
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