FREELAND TRIBUNE. VOL. VIII. NO. 49. CONTROLLER LLOYD OUT JUDGE I.YNCH DECIDES THAT THE ACT IS UNCONSTITUTIONAL. President Jml go Woodward Concur* In the Opinion Rendered—County Auditor* to Serve Until Tluir Term* Expire—An Appeal Taken to the Supreme Court. Judge Lynch on Friday handed down an opinion in the controller case, in which lie declares the act unconstitu tional as applied to the present case and refuses the injunction asked for by Con troller Lloyd to restrain the county com missioners from preventing him taking -office. His Honor quotes Justice Mitchell on tiio construction of the act, and, con tinuing, says: "The county auditors now in ollico were elected in 1893 and went iuto*office on the first Monday of January, 1894. Their term of office will not regularly expire until the first Mon day of January, 1807. It is thus seen that the act of 1895 abolishes the office of county auditor during term of the officers, ousts them from office and takes from them the salary fixed by law. If the legislature is invested with the au thority claimed for it in this particular, and the act been passed directly aftyr the election and commission of the audi tors, they could, arbitrarily, and without fault or charge preferred, have boon removed from office, the office by name abolished and another person not elected by the people installed in practically the same office by the governor. "Tho lirst section of article fourteen of the constitution ordains that 'county offieors shall consist of sheriffs, auditors or controllers, and such others as may, from time to time, bo established by law.' Again, section two of article four teen provides that county officers shall be elected at tho general elections and shall hold their offices for the term of three years, beginning on the first Mon day of January next after their election, and tho seventh section of the same article directs that 'three county audi tors shall bo elected in each county where such officers are chosen in the year 1875 and every third year thereaf ter.' By the provisions of tho act of March 31, 1870, the salary of county auditors in Luzerne county is fixed at SSOO, and section thirteen of article three of the constitution commands that no law shall extend tho term of any public officer, or increase or diminish his salary or emoluments after ltis elec tion or appointment.' "If it be true then that county audi tors are constitutional officers, that tho present incumbents were, elected by the people at tho general election in 1803, entered upon the duties of their offico on the first Monday of January, 1804, and that their term of offico will not end until 1807, how can the legislature, with out charges preferred or a hearing, ar bitrarily remove them from office and authorize the governor to place a con troller in their stead? "When a qualified citizen Is lawfully elected to ami accepts such an office for ! the term designated by the organic law, j it would seem that the legislature has j not the power to take from the officer, ] before the expiration of the terra and without charge preferred, the office and j his salary. If suMi power exists it is at least in otmoent upon the person who so asserts to point to the express war rant of law. I may be pardoned for saying that in my humble opinion any such authority would be extraordinary if not dangerous in times of great excito ment or under party zeal." His Honor quotes some authorities, and concluding, says: "It follows that if the above is a correct interpretation of the constitution and the law as laid down by tho suspreme court, at least sections one and sixteen of tho act of 181)5, which authorize an election in 1895, and the governor to immediately after the passage of tho act appoint a person to act as controller in Luzerne county, is inoperative and in conlliet with tho constitution. "The plaintiff not being entitled to the relief prayed for the motion for an injunction is denied." Judge Woodward concurs in the opin ion. Mr. Lloyd will go to tho supreme court. Severn's FrleiiUs Anxious. The declaring of the county controller act unconstitutional by Judge Lynch lias caused consternation in Pottsville among the supporters of Benjamin XL Severn, who was recently re-elected con troller after having been once deposed | from office on the ground of unconsti tutionality. In view of the decision of the Luzerne court the Schuylkill county commissioners have stopped further pro ceedings against Mr. Severn. Further action in the matter will bo deferred un til It is ascertained how Controller Lloyd, of Luzerne county, who will tako his case to the supreme court, succeeds in his suit. For Sale. A grocery and liquor storo, city of liazleton; doing a good business; fine location. For further Information apply at this office. If you own a horse buy a good warm blanket for it. Geo. Wise has hundreds for sale at his Freeiand and. Joddo stores. Prices will be found right. Viewers' Report Coiu'Jrineil. The report of T. W. Mcilugh, T. T). Jones and T. N. MeNair, who wore ap pointed viewers to divide Freeland into wards, which was presented to the court nearly a year ago, has been confirmed, and hereafter the town will have two wards, the North and South. Main street will be the dividing line, and this places the first and fourth districts in the North ward and the second and third districts in the South ward. Tin polling places will remain as at present. At the time the viewers made the re port there was much opposition mani fested, by both Democrats and Republi cans, but nothing has been heard of,the scheme for some months. With a few exceptions, the voters preferred that the borough be left as it was, having voting districts only, or that four or live wards be made. • Deceived the liuyor. A very peculiar txasc was ended In court on Saturday. It was that of Martachowsky against Orawitz, both Hungarians. Martachowsky went into Orawitz's saloon in Huzloton and exhi bited a large sum of money. Orawitz sold Martachowsky what he represented to be a saloon business a short distance away. Martachowsky entered into the saloon business and conducted the same for about six months, when he was ar rested for selling without a license, con victed and spent six months in the county jail for Ids crime. Martachow sky then brought suit against Orawitz in trespass for deceit,- claiming to recover the money paid and damages for his imprisonment. The jury returned a verdict for $#77.50 for the plaintiff. Deserted Ills It ride. B. F. Shugard, of Wilkesbarro, was wedded on December ;"> to Miss Mary Lock, a prominent young woman of Norristown. They began housekeeping at the county seat, and were apparently very happy. Last Thursday Shugard did not appear at his placo of business and that evening his wife called to j know why he had not conn- home to i dinner. She was overcome when told that he had not been at work. Sin- said : he had left homo early in the morning, j There is no clue to Ids whereabouts. \ His wife is prostrated by the shock, and left for her home in Norristown on Sat- j unlay accompanied by her brother. ForMook liitr II unhand. Several months ago a Nanticoke J resident named Polska gave his wife a steamship ticket for Europe in order . that she might visit relatives there. 1 She was expected home last July, but ! did not return and recently the husband j received a letter from an official in a j Western town informing Idm that Ids j wife had been married at that place last, August to another resident of Nanti- j cok3. The woman had not been in | Europe at all. The steadier ticket } given by the husband was returned in j the same letter. The forsaken Ims- j band is left with several children. Paid for Hi* Fun. Mike Zipay, a Sandy Run Hungarian. 1 raised a disturbance at the corner of Centre and Main streets on Saturday j night, and was threatening to demolish the windows of William Moskaita*' sa- i loon when lie was arrested by Burgess McLaughlin. After being locked up Mikostartcd in to cleanunit his coll. lie ! smashed the water bucket and tried to ' tear up the cot and was quieted only | witli a groat deal of trouble. Next ] morning lie was given a hearing and I fined 82.50, the costs and the amount of the damage done in the lockup. He paiii. Drawn an Jurors. - January 13.—Rudolph Ludwig, Free land; John Trimble, Foster. January 20.—Reuben Fllckinger, But- : lor; Arthur I*. Gocdecko, Jeddo; James ! Timony, Hugh McManus K. A. Obor- I render, Ilazie; James Lussenberg, Fos ter. January 27. —William Lnib, Hugh , Boyle, llazlc; Andrew Boyd, Foster. February 3. —Walter Richards, Foster; j Conrad Crouse, T. Millnor Morris, Joseph Batt, Frank Gallagher, Ilnzle. Patents Granted. Reported by C. A. £>nu\v & Co., Wash ington, D. C. ,!. Loe, Plymouth, tap-scow plug. C. S. Rhodes. East, Stroudsburg ap paratus for generating and applying va pors. P. Towey, Silver Brook, valve. W. E.Villingcr, Williaiusport, machine for manufacture of check-loops. Dow'M Thl* I We offer One Hundred Dollare Re ward for any case of Catarrh that can not be cured nv Hall's Catarrh Cure. I F. J. CHENEY & CO., Props., Toledo, Ohio. We the undersigned have known F.J. Cheney for the last fifteen years, and believe- him perfectly honoraldo in ail business transactions and financially able to carry out any obligation made by their firm. WEST A TRUAX, Wholesale Druggists, i Toledo, O. | WALDINO, KIN-NAN A MARVIN, Whole sale Druggists, Toledo, O. I Hall's Catarrh Cure is taken inter | nally, acting directlyTm the blood and i mucous surfaces of the system. Price, I 75c. per bottle. Sold by all druggists. I Testimonials free. FREE LAND, PA., MONDAY, DECEMBER 16, 1595. DRIFTON ITEMS. The workings known as the "low coal," in No. 1 colliery, which are now leased by the Cross Creek Coal Company, will after January 1 be leased by G. B. Markle & Co., of Jeddo. As stated last week, the Drifton not re new the lease, then tract adjoins that of the Jeddo; firmr.the latter think they can work it with some profit. It is reported that Markle & Co.'will reach i lie coal by means of a tunnel that is to be driven from No. 4 Oakdalo, and take the ('eal out- on the Jeddo side of the hill. The. miners here arc thankful that the land will soon pass from the control of the Cross Creek Company, for the "low coal" has caused many a man's hair to grow gray before Its time. The miners employed in that section will be given work in No. 2 colliery and In the "big vein." Henry Ilarlig attempted to commit suicide at his home on Wednesday. lit tried hanging, but was cut down before the rope had time to do its work. Family troubles were the cause. Cross Creek hall will he opened on Monday evening, when the Coxo ladles will make their annual Christmas pres ents to the children of the employes. PERSONALITIES. Miss Fannie A. Ferry, a daughter of Morris Ferry, of Washington street, will leave tomorrow for Washington, D. C.. where she will enter the art academy In that city. Miss Ferry lias already shown remarkable talent as an artist, and her work has Been admired by competent judges of painting. William C. Watson, editor of the Lchighton l*re#B, called upon newspaper friends in town on Friday. Charles Boyle, of Scranton, visited his parents at their home on Ridge street last week. New Official* File Iloitd*. The bond of James Martin, sheriff elect of Luzerne county, was approved by Judges Woodward and Lynch on Thursday and filed in the recorder's office. The bond is in the sum of $OO,OOO, and the sureties are John Martin, Christian Kcll, P. M. Gilligan, Charles Stcgmaier, Patrick Kelly and Henry Morrett. Philip Richards, of Nanticoke, the re corder-elect- who will assume the duties of the officii January 0, has also filed his bond in the sum of $23,<>00. George J. Llewellyn, of Pittston, and John Zukos ky, of Plymouth, are his bondsmen. Track* Agnin in Danger. The Lehigh Valley Railroad tracks between llazleton and Stockton are in a dangerous condition again, due to be ing undermined. Passengers have fears that a train-load of people will be drop ped into, the mines at that point some day. Many people in llazleton who have occasion to,travel to places beyond Freeland, such as White Haven and Wilkesbarro. take the trolley road to this town and the Lehigh Valley train from hero, thereby avoiding the danger ous spot on the line. I*liy*lciau Sued for $lO,OOO. Suit, has been brought in court against Dr. Barton, of Plains, by Michael Bo han. of Parsons, for $lO,OOO damages, iu April last a son of Mr. Bohan had his leg broken in Laurel Run mines. Dr. Barton reduced the fracture, and, putting the limb in plaster, did not see the boy for eight days. Doctors O'Ma - ley and Lathrop were then called, and amputated the leg. Blood poisoning set in, and the boy died on April 20. The parent now sues to recover damages. Four More Sent Down. Luzerne's colony in Cherry Hill was increased by four on Friday, when Sher , iff Walters and Deputies Harry Llem, John Shea, C. Bart Sutton and William | Raiser luft for Philadelphia, having in | custody the following prisoners consign !od to' the eastern penitentiary: George i Metzgar, IS years 0 months; John King, : 2 years G months; Mlko Kilopera, 3 years U months; John Work, 2 years I) months. : There arc more to follow. Baptl/.ed on u Collin. An unusual scene was witnessed at the burial of Mrs. John B. Miller, of Laurel Run. The body was taken to Wilkesbarro for interment and after the coffin had been placed at the side of tho grave the four-days-old babe of the dead woman was taken from a carriage, plac ed on tho coffin and baptized by Rev. John W. Nyval, pastor of tho Swedish Lutheran church. A Creditable Record. Rev. J. J. Kuntz, pastor of St. Luke's 1 Lutheran church for the past two years, has a creditable record since taking I charge of tho church. During his sor | vice as pastor lie has preached 207 I sermons, baptized 70 persons, confirmed 7-, solemnized 7 marriages and officiated at 45 funerals. PLEASURE CALENDAR. December 10. —Fair in the basement of I St. John's Slavanion church. Open j every evening. j December 21.—Entertainment of the I Travelers' Athletic Association at i Freeland opera house. Admission, 25c. | December 31. —Seventh annual ball of tho Tigers Athletic Clul) at Freeland I opera house. Admission, 50 cents. Schuylkill'!* A1 nuthouse Troubles. W. J. Whitehousc, solicitor for the Schuylkill county poor directors, at a dinuor hold on Saturday in celebration of Steward W. 11. Hartman's birthday, and in the presence of the employes of the employes of the institution assem bled to honor Ilartman, sprang a sen sation, which served to revive the scan dals partially exposed by a citizens' in vestigating committee last year. He launched- forth into an arraignment of the almshouse management, which lie handled without gloves, declaring thai 110 would not accept another appoint ment as solicitor for the reason that certain reforms he and Steward Hart man and the hitter's wife wanted to b instituted were ignored. Neither of them will be candidates next January. Mr. Whitohouso further asserted that lie, in conjunction with Mr. Ilartman. backed by a number tf reputable tax payers of the county, are about to begin one of the most swopping movements foi reform ever made at the almshouse aim will thoroughly cleanse the morals of that institution. Cadwailadcr Riddle, secretary of tin state board of charities and correction, and George \V. Ryon. oj Shatnokin, an also interested in the reform movement and visited the almshouse and made a full investigation. Thoy took the names of all the employes related to the pooi directors and the number of children and families of employes being support ed at the expense of the county. This now reform movement is the talk of the county. May Reduce the Capital Stock. The next meeting of the Nescopci Coal Company will be held at the oilier of the Upper Lehigh Coal Company in Mauch Chunk on January 20. and it will bo one of importance to the stockholders. The directors, Hon. John Lelscnring. Samuel Thomas, Robert 11. Sayre, Geo. I). McCreary and John Thomas, have recommended that the capital stock of the company be reduced to §2O per share and a vote will be taken on the proposition on the abovo date. The capital stock is now §600,000, and if. the directors 1 recommendation is followed ii will be reduced to §240,000. This will probably be dono. as the mining opera tions of the company have been cur tailed considerably of late, and there is no necessity for the present heavy capi talization. A Taxpayers' AKKucialion. A number of the heaviest taxpayers of the county seat have organized what is to bo known as the Wilkcsbarro Tax payers' Protective Association, and a charter will be applied for. Almost 200 names are on the petition, which is being circulated. The association will commence work about January 1, and thereafter will demand that an itemized statement of the expenditures of money be published every month. Thoy will also take an active part in the spring election. The chief object of the asso ciation is to protect citizens from* the abuses of poor municipal management, and, if the association is successful, similar ones may he organized in other boroughs where there is work for them. Palmer May Re a Candidate. There is some possibility of ex-State Attorney General Hon. 11. W. Palini r. of Wilkesbarre, becoming a candidate for United States sonatorship. In speak ing to a reporter, Mr. l'almer said tliat he was not as vet prepared to forma'ly anuounce himself as a candidate for the sonatorship. Reforo doing so lie would have to consider the matter ami canvass the situation thoroughly. If the contest is to be a free and open one with a fair field for all who wish to en ter, he expressed the opinion what Lu zerne ought to stand as good a show of gaining the prize as any other section of the state. , A I'h Madclphiun Allege* Conspiracy. Aaron and Morris Wormser, of Nauti eoko, havo been arrested on charges of embezzlement and conspiracy to defraud preferred by Morris Levy, a clothing manufacturer, of Philadelphia. The prosecutor claims the defendants bought goods of him worth §5,000 and opened a store in l'itlston, but that they were later sold out by the sheriff on executions amouting to over §4,000. The sale realized §3,557. The manufacturer claims tliero was a conspiracy to defraud him. Rail was given in the sum of §l,OOO each for the appearance of the defen dants at Philadelphia. UnuMial Weather for December. Not in many years havo the pcoplo here boon favored with pleasant weather until the middle of December. Winter so far has been froo from blustering storms, and, while some days are cold, the month is warmer by far than is usually the case hereabouts. Business men, especially clothiers and footwear dealers, are of the opinion that business would be materially increased if the month was coldor and more stormy. So far there has not been a decent snow storm in this vicinity. Notice to Taxpayers. All taxpayers of Freeland borough who havo net paid their taxes for 1895 will please do so during this month, as property taxes must lie returned before January 1. Hugh Malloy, collector. BRIEF ITEMS OFL NEWS. PARAGRAPHS GATHERED FROM ALL PARTS OF THE REGION. Synopsis of I.ooil RIKI Mlscolluneou* Oc currences That Can llc| Read Quickly. What the Folk* of Tills and Other Town* are Doing. Oliver Burke's 'hotelsat Pittston was partly gutted by fire on Friday morning. Loss, $9,000; covered by insurance. The next Republican state covcntion has been decided upon by the state com mittee. It willobe held on April 23 at llarrisburg. Rev. J. T. Griffith, pastor of the Eng lish Baptist church, has received a call from the congregation of the Baptist church at Cape May Court House, N J. Ladies, don't forget to see the dress goods at A. Oswald's. A delegation of the Citizens' Hose Company attended the ball of the Weath- orly firemen on Friday evening. De- Pierro's orchestra supplied the dancing music. Miss Margaret, the daughter of Rev. E. M. Chileoat, formerly pastor of the M. E. church hero, was married last week at Rohrsburg, Columbia county, to Eugene 11. Baird. Thomas Gill, a miner, employed in the Laurel Run colliery at Parsons, was crushed to death on Saturday by a fall of top coal, and his laborer, [Andrew May eh, was fatally hurt, Owing to the Inability to procure cer tain witness, Joe Stracho, who shot Mrs. Greggo in the leg last Monday, was not given a hearing last week. The case will be hoard this afternoon. James McOroarty, of town, employed on the D. S. & S._, hud the second and third fingers of his right hand bruised severely on Friday by having them caught between cars at Roan. The very latest in New York and Philadelphia dress goods can be seen at A. Oswald's. Can and inspect them. Soloman Ilittnor, of Joddo, a veteran of the late war, lias been granted a pen sion by the government for disabilities incurred in the service, lie will receive $0 per month, and arrearages to the amount of §:t80. The Philadelphia Record is the first newspaper to distribute 1890 almanacs. The book is as interesting as ever, and the statistical and other information contained within the covers make it valu able in every oflice and home. A number of the Lehigh Valley coal train conductors on the llazlcton and Leaver Meadow divisions were agreeably surprised last week when upon receiving their checks they discovered that they had been granted an increase of 10 per cent in wages. It is found from the returns of all the railroads in this state during the year that to every 433 employes there is one kill ed ami to every twenty-three there is one injured. Among passengers there is one killed out of 4,325,718 carried, and one injured out of 204,977. We are sole agents for the "Fashion 1 shoo. No other dealer in town has this line. Our price $3. guaranteed to be worth S3. At the Wear Well. The Lehigh Valley Coal Company and A. Pardee & Co. have given orders that no coal must be left in the chutes or pockets of their breakers at night during the winter months. The reason for this is that the coal freezes and work cannot be commenced at the regular hour morn ings. Calvin Waldron, of South Heberton, has resigned his position as engineer at No. 5 Jeddo. Mr. Waldron and a few friends are negotiating for a piece of valuable coal land in the Indian terri tory, where they intend to locate in the near future and commence mining operations for themselves. $7 to $25. FOUR PIECES: Sugar Bowl, Cream Pitcher, Spoon Holder, Tea Pot. WM. GLOVER, Jr., The Jeweler. I £ST"EnBy payments $1 per week. AY. -Came to the premises of the un- LJ del-signed, December 3, a dark brown cow, white soot on forehead, hiiul logs white and white tall: accompanied by a young calf one week old. Owner can have same by pay ing expenses. August Huuisen, Butler vulley, "jDo unto others as you would be done by." This, our motto, has proven to work like a charm. We htrVi treated you well and you have shown your appreciation by your generous patronage during the year 1895. Before it closes we intend to cap the climax]. by selling all Win ter Goods regardless of cost. We have a complete line of Overcoats, Suits, Furnishings, Hats, Caps, Gloves, Mufflers, etc., all of which must go. We'll not mention any prices this time. The bargains we are now offering must be seen to be appreciated. We wish you all success for the year 1896. OLSHO'S Clothing and Hat Store, 57 Centre street. GREAT BARGAINS IN Dry Goods, Groceries and Provisions. * Notions, Carpet. Boots and Shoe*, Flour and Feed, Tobacco, Cigars, Tin and Queenmcare, IPood amf Willow ware, Table and Floor Oil Cloth, Etc. A celebrated brand of XX Hour uhvays iu stock. Roll Buiter and Eggs a Specially. My motto Is small profits and quick sales. I always have fresh goods U nd am turning my stock every month. Every urticlo is guaranteed. AMANDUS OSWALD, N. TV. Cor. Centre and Front Sts., Freeland. Old Reliable House South uud Washington streets, Freeland. MORRIS FERRY, Prop. Rebuilt and fitted throughout with electric light., steam heat and large sitting rooms for the accommodation of patroiis. The choicest wines, whiskies, brandies, gins, cigars, etc. Ilcer, porter and ale. CONDY 0. BOYLE. dealer in Liquors, Wine, Beer, Etc. The finest brands of domestic and imported whiskey on sale at his new & and handsome saloon. Fresh Roches- ter and Rallentine beer and Yeung- ling's porter on tap. Centre - Street, - Five - Points. COTTAGE HOTEL Washington and Main Streets. FR ED, IIA AS, Prop. The best accommodation for permanent and transient guests. Good table. Fair rates. Hat finely stocked. Stable attached. Have you seen the fine Corkscrew Suits we are making to order for M which are worth fully $22. A nobby fit and good trimmings guaranteed. MUTCH two doors above Wear Well ! Shoe House, Freeland. $1.50 PER YEAR £HAS. ORION STKOII, Attorney and Counselor at Law and Notary Public. Office: Rooms 3 and 4, Birkbeck Brick, Frceland. JOUN M. CAUR, Attornsy-at-Law. Ad legal business promptly attended. Poet office Building, 9 „ % Freoland. ]Vi. nALriN - Kan n ufacturer at Carriages, Buggies, Wagons, &c. Walnut and Pin© Streets, FreelanA S. E. lIAYES, Fire Insurance Agent. Washington Street. None but, Reliable Companies Represented, Q BONOMO, TAILOR. Centre Street, Near South. A Ini'Hp Stock Of tirst-olnss matorlnl to setcct I nun. ..I workmanship und fair prices. A good lit guaranteed. Dr. N. MALEY, Second Floor, Birkbeck Brick. OVER BIKKBECK'S STORE. G. HOBACK, Baker & Confectioner. Wholesale and Retail. CENTRE STREET, FREELAND. CENTRAL : HOTEL LEADING HOTEL IN FREELAND. M. 11. UUNSICKER, Prop. Hates, per day. Bar stocKid with fine whiskey, wine, beer and cigurs. .Sale and ex change stable attached. LIBOR WINTER, OYSTER SALOON. No. 15$ Front Street, Freeland. The finest liuuors and citiars served at the counter. Cool beer and porter on tap. GEO. SIPPEL, MERCHANT - TAILOR. Centre Street, Freeland. A large variety of cloths always on hand. Perfect Jit guaranteed and style up-to-date. Prices equally as low as any house in town. FRANCIS BRENHAITS RESTAURANT 151 Centre street. EXCKLI/ENT LIQUORS, BEER, PORTER, ALE, CIGARS, Etc. All kinds of TEMPERANCE DRINKS. VIENNA: BAKERY. J. B. LAUBACH, Prop. Centre Street, Freeland. CHOICE DREAD OF ALL KINDS, CAKES, AND PASTRY, DAILY. FANCY AND NOVELTY CAKES DAKED TO ORDER, Confectionery % Ice Cream supplied to Galls, parties or picnics, with _ all necessary adjuncts, at shortest notice and fairest prices. Deliverya ml supply wagons to all parts of i town and surroundings enry day. DePIEB.RO - BEOS. CAFE.- Covnor of Centre ami Front Streets, Freeland, Pa. Finest Whiskies in Stock. Oilwon, Doiißhcrty, Knufcr Club, ttoseubiuth's \elvet, ill wlilch wo havo EXCLUSIVE SALE IN TOWN. Mumm's Extra Dry Chumpauno, Honne sy Urtindy, H luck berry, t*iiiy. Wines, Olureta, Cordials, Etc. Imported and Domestic Cigars. OYSTERS IN EVERY STYLE. I /Til in