)) 1 r"l I III! I .. i-X I X 11 O VOL. VIII. MILFORD, PIKE COUNTY, PA., Fill I) AY, OCTQREIi !(), 1903. NO. 52. Ji li CHARTER NOT VALID SUPERIOR COURT REVERSED. JUDGE FURDY SUSTAINED Judge Dean Holds That Title of the Act is Misleading- Park not a Public But a Private Corpor ation May Reorganize In the Supreme Court of Pens. No. 2H3. January Common'lth Term, 1D02. In the Court of (Quarter Ses sions of Pike County. V8. Appeal by defendant from Judgment of Superior Court re versing snid Court of Quarter Sessions. Chas. Hazkn Argued Feb.. 24, 03. Filed Got 12,03. Draw, Justice. The appellant, Charles Hazen, was summarily convicted before Calvin O. Billings, a Justice of the Peace of Pike county, for the viola lion of the special Act of Assembly of March 23, 1871, In killing a deer belonging to The Blooming Grove Park Association and protected by the penal clauses of that Act. TUe Justice of the Peace imposed a fine of $50 and cost and in default of payment he was sentenced to the county jail. Hnzen appealed to the Court of Quarter Sessions, which court, in opinion filed, held the aot referred to, to be unconstitutional, in that ; 1. The subjoot of the act is not clearly expressed in its title. 2. The body of the act contains more than one subject. 3. It deprives the de fendant of the right of trial by jury in a case where at common law, be fore the adoption of either of the Constitutions of this Commonwealth such right existed. Whereupon, he quashed and set aside the proceed ings, further directed that defendant be discharged. From this judgment the Commonwealth took an appeal to the Superior Court, which court being of opinion that the special act was constitutional, directed that the order of the Quarter Sessions setting aside the proceedings and discharg ing the defendant be reversed, and that a procedendo be awarded to the lower court directing it to hear the case on its merits. A constitutional question being involved an appeal of course under the Superior Act lay to this court which was promptly taken by de fendant. Averment of the appellant is, that the Superior Court erred in declaring the special act consti tutional. The "Blooming Grove Park As sociation," from a mere perusal of the act is clearly a private copora tion. It is merely an association of individuals united for a special pri vate purpose, permitted to do busi ness under a particular name and bave succession without dissolution. The members could have bought or leased the land they claimed to own and could have enjoyed it in much the same way, under the protection of the general laws of the Common wealth, but the association would bave been subject to the disruption and all the inconvenience incident to the death of members or assignment of their interest by any of the mem bers. Its oharter conferred upon the association perpetuity and the privilege of suing and being sued by iU corporate name. Its purpose was not a public one, it mot no public want, as a turnpike company, rail road company, or stroot railway Corporation. And while the pur poses of such a corporation are those which in a restricted bouho, the sovereign who make the grant is desirous of promoting, for that desire is the very consideration of the grant, yet in the grant of a fran chlse to a public corporation, the consideration is much higher and broader ; in the last H is the desire to benefit and promote the interest of all the public an well as the in dividual iuterest of the corporators ; and the publics by the very fact of the grant have rights and privileges which they can enforce at law against the corporation. Therefore, considering the purpose of the Park Association as distinguished from a public corporation it is a private one and in determining tha legality of its creation and its corporate, exist anoe we muot view it as a private corporation whose members are the principal, and except to a very sMght extent, the only ones interested, iu its survival. The titU of the aft is, "An Act t Incorporate the Blooming Urove l'H'k Association. " The conMi t '"-I T.ul povi-i ;u m to tUd lllloi of acts in force at the legislative session of 1871 when the act pnpsod, was the amendment of 1804, which was copied almost ver batim iu the constitution of 1874 ItisBs follows: "No bill shall be passed containing more than one subject which shall bo clearly ox pressed in its title." We turn now to the act to discover its subject ; we And it is the purpose of the incor porators to establish a game and fish preserve on land in threo dif ferent townships in Pike county, Pennsylvania, their holdings not to exceed 30,000 acres with a capital not to exceed 1500,000. How is the object of the corporation to be ac complished? By preserving, import ing, breeding and propagating all kinds of game, nnlinals, birds and fishes adapted to the climate and affording facilities to the members and persons licensed by the copora tion to hunt and fish on the land of the corporation, and also privileg ing such person to sell surplus gsmo and fish; its stockholders further, have the right under the act to pro vide themselves and others with an agree iblo resort, a respectable hotel, cottage bouses, stables, exercising grounds for horses and any thing necessary or proper for their accom modation. Then to subserve tho purpose of the incorporators, follow the most draatio penal clauses Al! persons are forbidden to enter upon the 30,000 acres or to hunt or fish thereon unless authorized by the corporation ; any one found guilty of violating the prohibition shall be deemed guilty of a misdemeanor and fined before the magistrate hearing the complaint not less than 110 nor more than 150, in the dis cretion of the magistrate, for the first offence, and for the second offonoe, not less than $20, nor more than $100. The magistrate imposing the fine has authority to imprison the offender in the county jail in default of payment. The game keepers are to be deputized by the sheriffs of the counties of Monroe and Pike. The taxes imposed upon the corpor ation are not to exceed the taxes on other wild and unseated lands of the state. There are niueteen sep arate and elaborate sootions of the act, every one relating to the preser vation of game and fish ana the punishment of the violators of its penal provisions ; it is not neoossary to further enumerate them. Through out the entire body of the aot its intent is plainly express ed ; in no instance is thqre the least obscurity. It was the intention to provide an agreeable plaoe of .tern porary residence for its stockholders and effectually prohibit any out sider from trespassing upon the 30,000 acres. Is the subject of the aot clearly exprossed in the title as enjoined by the constitution? It is not necessary, as we have mora than once bold, that the title should be an index to the contents of the act ; but we wo In Re-Itoad in Fhoonixville, 109 Pa. 49. "While it has been re peatedly said that the title of a bill need not bo a complex index of its oontonts, it has tiever been doubted, that the subject of the proposod legislation must be so expressed in the title of tho bill as to give notioe of its purposo to members of the legislature and others specially in terested." The Chief, J. Sterrett, who delivered tho opinion cites a largo number of cases bearing directly on the question decided since the adoption of the amend ment of 18(51 Can it bo said, in any reasonable interpretation of our numerous decisions, that this title of a private bill gave notioe of its purpose to members of the legisla ture or to the oitizons and taxpayers of Pike county who were diroctly interested? For while all will oon oeda from tho very nature of their duties, that members of tho legisla ture were specially interested in the subjtsct of tho bill, very littlo con sideration will further convince us, that residents of Pike county were also specially interested. The act set aside from all other interests (Continued ou Third Page) Sivei Twa From De-iili "Ourlittlo daughter had an al most fatal attack of whooping coul'ii and bronchitis," writes ilis. V. K. Haviland of Armonk, N. Y., "but, when all other remedies failed, we saved tier lif.j with Dr. King's New Discovery. Our niece, who had consumption in an advanced stage, also used tins wonderful medicine and today she is perfectly well." Desperate threat and lung diseases yield to Dr King's New Discovery ns to IU) other medicine on earth. Infallible fur Coughs and colds. Joe and tl.W hi fv.i guaranteed by all drue-fists. 'jy.ul i-Ax'.vi fj-oi. mum iiiDEii COMMITTED AT THE BEVAN8 HOME IN SANDYSTON Two Persons Assassinated by Some Unknown Monster While Sitting by their Firside Early Last Friday Evening, Oct. 23. One of the most cowardly and coldblooded murders which has ever startled the citizens of this valley oconrred early last Friday evening in Sandyston township, New Jersey. Victor E. Bevans, who lives on the road from Bevans to the Ding man bridge about half-way between the t wo places, wassitting in his house shortly after seven o'clock convers ing with his wife when some one, so far unknown, fired two charges of buckshot, the first of whioh took effect on Mrs Bevans' head and neck and which caused her death the same night and the other on Mr. Bevans wounding him in the nose and arm. Mr. Bevans though badly injured was able to walk to the telephone and call up a neighbor, who lived near by, and announce to him that both himself and wife were shot. The news spread rapid ly, physicians were summoned and soon arrived and a large orowd from the snrrounding country was soon on the ground. Since then pursuit has been active and last Sunday two groat Danes from Mill place were taken to the Bevans house. Tracks which ap peared near the window where the assassin must have stood when he fired the shots, had been carefully guarded from being effaced and to those the Danes were taken. They oirclod around the house, took the scent and followed it across a meadow and through a swamp to a house some distance away and then back to the Bevans house. They oould be restrained only with great difficulty and were so eager that they broke the leash with which they were held. II this indicates anything it might implicate the party to whoso house they went, but so far there is nothing beyond this to establish any guilt on his part. Real Estate Transfers Jennie Rosenthal to E. T. Riviere, 141 acres, part of William Morris, No. 177. Diugman, $1 E. T. Riviere to Wilhohn Hilden. brand, same land, $375. The Edgemore Club to Conrad S. Grove, land near Silver Lake, Dela ware, $10. G. F. Rowland, Tress., to County Commissioners, 204 acres, Milford township, assessed to Mott. Bull and Doolittle, taxes. Commissioners to Leroy E. Kipp, Bfline land. Leroy E. Kipp to National Poultry Company, same land, $2150. William J. Shields and others to Joseph G. Shields, interest in 207 acres, Shohola, part of John Print nor, $2. . Last, Best and Cheapest Excursion to Buffalo and Niagara Falls The Erie Railroad now offer a golden opportunity to the people of Minora ana vicinity to visit the (treat Cataract of Niagara and the Queen City of the Lakes "Buffalo" at the low rate of $3 00 for the round trip, Special train leaving Port Jervis at 7.40 p. in., Saturday, Octobor 31t, arriving Niagara early Sunday morning, .November 1st. Returning tickets will be good on the special train leaving Niagara tails or Buffalo Sunday evening or ou regular trains Monday November Sua, allowing twp full days at the Falls or Buffalo. This will be the last cheap excur sion to these points and all who can get away should improve this grand opportunity to see the old reliable "Erie" and at the same time see the wonder of the world at the low rate of faro $11.00 for tho round trip. Halt tare tor children. Kouieuiber the train leaves Port Jervis at 7.40 p. m. Saturday, October 31st. Who Make the Rest It is said that if all the dress makers known to livo in America worked twenty-four hours of each day for a whole year, without stop ping for sleep or meals, they would be able to make only one dress a piece for less than seven-eighth of the women of the country. To Cure a Cold in One Day fako Ijixative Bromo Quiuino Tab lets. All druggists refund the money if it fails to cure. E. W. Grove's jjuature U ou ea-jh tox, 85y, ADDITIONAL COURT NOTES Sentences Imposed and a Brief Re sume of Cases Tried The following sentences were Im posed by the court: Charles Webster, who plead guilty to the larceny of a revolver and razor, $5 fine, costs, and ono month in the county Jail. William Brazier, who plead guilty to breaking Into an Erie car and taking two pairs of shoes, $5 fine, costs, and 1 year In the county jail. Mahlon I)e Croat, convicted of non-support of wife ami child. His wife requested the court to suspend sentence on his promise tlmt he would support herself and child. The court accordingly suspended sentence and required the defendant to enter ball in the sum of $100 for hia ap pearance at December term. George Titsworlh, convicted of rape on the person of JNlary Brady, was sentenced to pay $10 fine, costs, and undergo imprisonment in the Eastern penitentiary for two years and six months. A. W. Batch, Sr., and Erastus Baleh, respectively, convicted of re fusing to assist In fighting forest fires were each fined $1 and costs. John W. Frazier use, vs. John C. Titman and Sarah 8. Layton, Scl. Fa to revive Judgment. Defendant Mrs. Layton contended that she was only surety on the note and had given plaintiff written notice tocollect same as she desired to be relieved from liability. The notice was ad mitted but plaintiff claimed that she subsequently asked him to wait before Issuing execution. The jury found for plaintiff against both de fendants for the note and interest. A. Terwilliger vs. II. I. Cortrlght. After Bchultz was convicted of mur der, In 1897, Cortrlght, the then sheriff, defied It prudent, having been directed by the court to keep the prisoner safely, to hire a watch to prevent Bchultz from escaping or doing himself bodily Injury. The county commissioners gave notice that they would not be responsible for tht pay, but the sheriff directed the watch to remain, believing It necessary. The commissioners hav ing persisted in their refusal to pay, Terwilliger brought suit against Cort rlght, and the jury decided that there being no legal liability on the part of the county, and Terwilliger having been employed by the sheriff, he was liable and accordingly rendered a verdict for $G1. Coonrod and others against II. I. Cortrlght. Defendant owed plaintiffs a bill, some of the items of which were disputed, and they brought suft before a justice and recovered a judgment from which defendant appealed. The parties then got to gether and effected a settlement and defendant alleged plaintiffs were to pay the costs of the suit and dis continue It. This was denied by plaintiffs and the jury found in their favor for the costs. William Hosier vs. R. J. Hoffman Certiorari. The court took the papers for consideration. Court adjourned to Nov. 5, 12 M. Justices Summons Since the act of 1901 considerably more care is required in serving summons Issued by a Justice than previously. It has always been held that the summons must name the township In which the office of the justice is, and, where a borough Is divided into wards, the particular ward. Service by reading, formerly was sufficient, now a true and attest ed copy must be given defendant by the constable serving. The summons therefore should designate the town ship In which the office is, and a copy endorsed by the constable, "A true copy," attest, A. B. Con stable, hunded to the defendant. If this is not done at the time of making a iiersonal service the justice has no jurisdiction, and a judgment entered thereon without an appearance by defendant will be reversed. The Erie runs the last cheap ex cursion to Niagara Falls and Buffalo at $3.00 for the round trip, Stur day, October, 31st, sikicial truin leaving Port Jervis 7.40 p. m. Confessions of a Priest Rev. Jno. S. Cox, of Wake, Ark., writes, "For 12 years I suffered from yellow jaundice. I consulted a i umber of physicians and tried all sorts of inedicioes, but got no relief. Then I began the use of Electric Bitters and feel that I am now cured of a disease that bad me in its grasp for twelve years." If you want a reliable medicine for liver Rnd kid ney trouble, stomach disorder or general debility, get Electric bitters. It's guaranteed by all druggists. Ouly )Ug. IS' -INSTITUTE THE TEACHERS IN ANNUAL SESSION THIS WEEK Sixty-Six Teachers in Attendance. Dr. Geo. P. Bible, Prof. Frank S. Fox, and Prof. Frank Kohler Lectured to those Present Propitious weather aided In bring ing a largo attendance to the Pike County Annual Institute which con vened here Monday. Then, too, to look In the bright faces of the maid, dens who preside over the young ideas in the county would impress the beholder with the boliof that a desire for more Information on their part, a determination to better fit themselves for the important duties of the school room, and an aspira tion to rise higher in their vocation inspired their presence. The male element among the teachers is large ly iu the minority, but those present may properly be designated as yonng veterans. The teachers prosent are: BLOOMING OROVK Annie Madden, Minnie A. Thorn ton, Loretta Augenstein, Orra Hoflor. DELAWARE M. Louise Klaer, Blanche West brook, Carrie L. Hornbeck, Nora Counterman, W. H. Layton. I1INOMAK D. H. Hornbeck, Dora RoehoHo, Cora Struble, Viola Smith, Jennie MoAndrew. GREENE Arthur Kramer, Elizabeth Wolfe, Ida Marsch, Ethel Healy, Charlotte Gilpin, Annie M. Kipp, Marie Houck, Emma Kreiger. LEHMAN John L. Clark, Adelaide Heller, Anna C. Hartzbeim, Agnes F. Ryan, Carrie Garis, Ella Whittaker. LACKAWAXEH Media Hansen, Helen B. Rowland, Lena Basohon, Kate B. Kellam, Minnie Hansen, Grace Duske, Julia Compton, Ellen Roseoorans, Eliza beth Switzer, Mrs. J. H. Branning, Edith E Parker, Hannah Kipp. MILFORD J. C. Watson, Mabel Guinnip, Emma A. Hornbeck, Lizzie Rochotto, Jennie R. Struthers. PALMYRA Lizzie Crump, Agnes Hopps, Har riot M. Decker, Ruth Hoppe . SHOHOLA Phobe A. Wells, Loretta Langen, Nora Madden, Hattie Bradford, Margaret Howe, Nellie V. Norton. WESTFALL Chas. S. Houck, J. F. Molony, Minnie A. Van Akin, Sara Remey, Margaret Presoott, Tillie Zahnlacker, Mabel Walker, Angela Oroe, Howard Allen, Flora Heidenthal. After devotional exercises con ducted by Rev. E. M. Smead, the Institute organized by electing Miss Minnie Van Akin atd J. F. Molony vice presidents, C. B. Houck secre tary and John C. Watson assistant and Howard Allen treasurer. Miss Louise Klaer was chosen pianist and has very acceptably filled that position. Dr. Geo. P. Bible occupied most of the afternoon period. On Monday evening Prof. George P Bible, of tho National School of Oratorio, Philadelphia, Pa., gave humorous and dramatic recitals. Prof. Bible entertained his audienoe in his usual able manner. The musical part of the program was famished by Miss Myrtle Ryder who rendered several piano solos in an able manner. Mrs. Perot, with a sweetly modulated voice, sang two solos, and received generous applause. On Tuesday evening Prof Frank H. Fox dolivered a lecture on "The Mission of the Pedagogue." The discourse abounded with wit and wisdom. The professor assumes tho premise that tha school teacher is the real power behind the throne. That many reforms, if they be brought about, must be accomplish ed through tha school teacher. The home is the unit. Therefore, the home training of the child is very essential, when this is neglected there is danger to the community. (Continued ou Second Page) A Lou Letter Would not interest you If you're looking for a guaranteed salve for sores, burns or piles. Otto Dodd, of Ponder, Mo., writes: "I suffered with an ugly gore for a year, but a box of Bucklen's Arnica Sulve cured me. It's the best sulve on earth. 2?o at al! druggists, THE RAMBLER'S PICKINGS Notes Picked Up by a Rambler Dur ing the Past Week With the influx of ladioa into our town Monday also came a fortaste of winter. Is there a law on the statute books of this or any other state which compels a man to neglect his busi ness and work for another for nothing and board himself? Jerry Greening was in town Mon day with some game. It was a little black Pike county bear. The old saying "In the midst of life we are in death" is brought to our minds more forcibly than ever by the tragedy enacted over In Sandyston township one week ago. It Is only to be hoped that the guilty party will be apprehended. Jersey jtistioe will do the rest. By the decision of the Supreme court rendered in the Hazen case the Blooming Grove Park Associa tion gets a pretty good set back. Will Ilazen has been compelled to walk with a cane the past week. Lumbago, pleurisy or rheumatics are complaints no one likes to be afflicted with. As the road to Jersey is good now and moonlight nights are here the Milford orowd ia ready to go across the river after a ohioken pie supper. Our P. M. will be glad when election is over. Sheriff Goorgo Gregory has taken possession of his residenoe on Broad street. Mrs. A. 8. Dingman, Mrs Charles Lattimore, Mrs. Win, Mitohell, Mrs. H. Ludwig, Mrs. Anna M. Mottler, Miss Mary Mettler and Mrs. Thomas Armstrong attended the funeral of Mrs. Victor Bevans over In Sandy ston Wednesday morning. About all our summer visitors have returned to their oity homes. There use! to be quite an influx of oity gents who came here to spend their money trying to shoot some game, but the new laws requiring a license and prohibiting the removal of game Out of the state has stopped that. Before another Press is issued the elootion will have been decided, and as usual the fellow who gets the most votes will be eleoted. OBITUART FRANK FULLER Frank died at the hoina of his mother in the borough, Friday even ing, October 23, after a brief illness. He was a son of the late John and Catharine, Carhuff, Fuller and was born here July 23, 1872. His father was killed some years ago by being hit by a piece of Iron while at work on a mill at Shohola Falls, and later a brother, William, was whirled to his death by being caught with a belt at a sawmill in this place. Deceased followed the occupation of painting and during the past season was employed at Bach's in Lehman. He was an honorary member of Vandermark Hose, which company attended the funeral service. The family, especially the sorrow stricken mother, will have the deep est sympathy of the community in this bereavement. He is survived by his mother, three brothers, Ellsworth, of Becmcrville; Joseph, of Otisville, and John living with his mother. Also by three sisters, Nancy, widow of John Arm strong; Phebe, wife of George Smith, and Maggie, all of this place. The funeral, conducted by Rev. V. A. Wood, was held Monday afternoon and interment in Milford cemetery. MRS. VICTOR K. BEVANS Mrs. Bevans, who was shot last Friday evening, snrvived only a brief time after receiving the wound. She was a daughter of James and Ella Manners, and was born in Hampton township, N. J., about 46 years ago. When teu years of age she canie to reside in the family of James Bevans, father of her bus band, whom she married some eight years ago. The funeral, which was very largely attended, was held from her late home Wednesday morning. He Laarned ths Truth It ia said of John Wesley that he once said to Mistress Wesley: "Why do you tell that child the same thing over and over again?" "John Wes ley, because once telling is not enough." It is for this reason that you are told again and again that Chamberlain's Cough Remedy cures colds end grip; that it counteracts any tendency of these diseas to re sult in pneumonia, and that it is pleasant and safe to take. For sale by Bulch & Son, Matauioras, and all general stores ia Pike QOttoty, RAT SPEAKS AN ABLE AND CANDID VIEW OF THE JUDICIAL QUESTION Conduct of the Recent Primary in Monroe Discussed and Reasons Why the People Should Re sent Such Methods. To tho voters of Monroe County : Born In Monroe Countv. though absent for many yours, I have not lost Interest in her welfare and reputation. This letter is inspired by what I saw and heard during the late canvass in this County, for a nominee for the saored offloe of President Judge. We are told that "party fealtv" enjoins upon all true democrats to support the so-oalled nominee. Party fealty ordinarily is all right but there are conditions where it is not binding. What is party fealtv or adherenoe to the rules of the party when compared with principle with honor and honest methods I The basio prinoiple of our govern ment is the will of the people. Shall we preserve this dear heritage of our fathers or shall we tamely submit to the despotism of oorporate greed ? Republics have risen and fallen. We are a great people. Shall we Tiointain our position among tho nations of the world or shall we blindly follow the oourse of the republics that departed from the Lord I We never violate the laws of God without in some way getting into trouble. It is sure to oome sometime in some way or other. Spain once the mistress of the world now has fallen I We are moving at a rapid gait and whore we shall land it is not safe to predict. As to our national existence I have always been optimiBtio and I believe the oandid sober thought of the people will yet lead us to our high est destiny. Great political reforms are "np to as." Shall we show ourselves equal to the situation and prove that we are worthy sons of our ancestors? Mr. Stead the great editor of tho Review of Reviews, in an article on Turkish oruelty in Macedonia, de clares that "Hell has burst through the upper air," and because of the old worlds inability calls upon the new world to "preoipitate the effec tive intervention." He says that John Bull cannot interfere for the blood of the Boers would cry up against him. Can we interfere? Would not the blood of the Filipino cry up against ns I Hell has not only burnt through the upper air of Maoedonia, but it has also burnt the upper air of our political field. How degra'cd, how fallen from the pure standard of our fathers I What would the honest sturdy pioneers of Monroe County say today if they could hive witnessed the debasing scenes of the late primary election I I have beard it said that money was used freely throughout the oounty for the purpose of procuring votes, and that boys under age were led to tho polls and voted. In Middle Smithfleld the spectacle was debasing and degrading. Men on their arrival at the place of voting were assaulted by a species of "cathauling and bulldozing" and with ths liberal use of stimulants were made to vote against the candidate of their choice. A man said in my presence that he had been offered money for bis vote and another man said that his son under sge had been pursuaded into voting. Whither are we drifting? Voters of Monroe and Pike Coun ties, what are the requisite qualifica tions for a man to ait upon the Bench? Ponder this question well before you vote. The present occupant of the Bench has been tried and found faithful and competent and devoted to the interests of the County. Then why not retain him? Why change a certainty for an uncertainty? As a judge, Mr. Erdman baa shown himself impartial, non-parti san, treating all political parties with equal fairness and justice. The (Coiiliuucd od Second Pau) Broke Inia His Houts 8. Le Quinn of Cavendish, Vt., was robbed of his customary health by invasion of chronio constipation. When Dr. King's New Life Pills broke into his house, bis trouble was arrested and now he's entirely oured. They're guaranteed to cure. Sic at all druiats,
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