Potter County Journal

              Ctfuntn |0nriial
.^'
ISTABLISHED 1848.
COUDERSPORT, PA., WEDNESDAY, FEBRUARY 23, 1898.
VOLUME 49, NUMBER 33
iruiser Maine Destroyed.
A Disastrous Sequel   to the Visit of
the American  Iron-Clad to
Havanna Harbor.
WASHINGTON LETTER.
WAS   IT   SPANISH TREACHERY ?
FoUowin;^' close on the excitement Iciuised by the DcLome letter, in which a Spanish embassador took occasion to insult President McKin¬ ley. came the startling intelligence lust Wednesday that our big battle¬ ship, which lay in the harbor of Ha¬ vanna on a peaceful mission, had i)oen sunk by an explosion.
Wliile the strain was immense the Ainericaii people have exhibited the most extraordinary self-control, while the administration at Wash¬ ington has preserved most discreet silenec as to any assignment of cause for the awful disaster.
Siiceiilation has been rife on both (ontiiioiits as to tho probable cause (if lilt' ('X])losion, but in the absence of any proof, surmises and conjec¬ tures are of but little avail. The explosion took place at 9:45 Tuesday night and was followed by another in a few hours, leaving the big ship a pile of wrecked and twisted metal. Two hundred and sixty lives were lost, most of the crew and officers being asleep at the time. Twenty- four officers and sixty-eight men were rescued. Of these Captain Sigsbee was the last to leave the ship, and his conduct throughout has shown him a cool-headed, brave of¬ ficer.
The Spanish government at first proposed that the investigation should be jointly carried on by 'themselves and the Americans, but ^ that was not agreed to. and Captain Sigsbee will conduct the investiga¬ tion with his own divers.
As a curious complication of our relations with Spain, already sti'ained to the utmost tension, the Spanish cruiser, "Viscaya, " arrived off New York harbor on the 18th, and al¬ though the friendly visit had been arranged for and the authorities perfectly friendly in all intercour.se regarding the visit, no people but Americans could look with self-i'e- straint upon a foreign battle-ship with her frowning guns within fir¬ ing distance of our metropolis, while our own man-of-war lies at the bot¬ tom of Havanna harbor, where she had gone on as peaceful an errand. But the American people can abide the investigation that will prove the treachery, if any there was, and they are guided by an administra¬ tion wise and cool thlit will resort to war only to maintain national honor and high principle.
THAT B. n. L.   RESOLUTION.
It has been asserted by the Jour¬ nal and we believe on good author¬ ity, that at the oi-ganization of the Business Mcn"s Tjcague in Couders¬ port a year ago. a compact was signed and passed as a resolution that every man in that organization would devote his energies to oppos¬ ing every Quay man tliat came up for oflice in the future. Although a faint denial lias been attempted, no i-eal effort has been made to refute that accusation and the action of the leaders of that movement has dem¬ onstrated the truth of our assertion l)cy()nd vdvU. As if "'to make assu¬ rance doubly sure" as the most damning proof of the purpose formed in the B. M. L. organization, the Republican ticket in one ward of Coudej-sport Boro was defeated last week for no reason in the world except that a Quay man had been placed on that ticket. No wonder candidates are hastening to declare they have no connection with the B. M. L. and that honest men who were drawn into that fatal trap are "flee- from the wrath to come."" Yes, the resolution did pass and the B. M. \j.  is ])assing rapidly.
Xat C. Goodwin,  the   well   kuown
eonnnedian has taken a third wife. This time it is his leading lady, Miss Maxine Elliott. His first wife is dead and his second secured a di¬ vorce about two weeks ago.
FROM OUR REGULAR OORRKSPONDKNT.
Washington. Feb. 21, 1898.
Prudence, patience and patriotism have characerized every act of Pres- dent McKinley and every member of the Cabinet since the awful news was received of the blowing up and sinking of the battle ship Maine, in Havanna harbor, and the death of 250 of its crew. In the midst of the excitement consequent upon the sensational rumors of Spanish treachery, they have not for a min¬ ute lost their heads. A Naval Court of Inquiry was at once appointed to ascertain whether the loss of the Maine was caused dy accident or by design, and by the time this is read it will be at work. Until it suc¬ ceeds in getting at the truth, the administration joins with brave Captain Sigsbee, of the Maine, in asking for a suspension of public judgement. Not a scrap of news concerning the catastrophe received by the administration, or an order issued by it has been concealed, and nothing will be concealed. That the President is fully alive to our every interest is shown by his promptly refusing the request of the Spanish authorities at Havana to participate in the investigation, and that he is .calmly performing his usual duties was shown by his de¬ parture for Philadelphia, to deliver an address before the faculty and students of the University of Penn¬ sylvania, on the 22nd inst., in ac¬ cordance with an engagement made months ago. His example should be followed by good citizens every¬ where.
Senator Wolcott. of Colorado, has more than once shown himself to possess the faculty of calm judg¬ ment in times of public excitement, and to be a real not a buncomb pat¬ riot, but never more strikingly than in the short speech he made against the misguided attempt to publish to the world a distrvist of our Navy Department, by providing for a Congressional investigation of the wreck of the Maine. Mr. Wolcott said: "I desire to resent as utterly unfounded the suggestion that there is a patriotic citizen in the broad confines of this land who has not the fullest and most splendid and glorious confidence in every depart¬ ment of this government, and in the department of the Navy in particu¬ lar, and it has been true in every administration since the time of Washington. The people of the U. S. have never yet been called upon to distrust one of the co-ordinate branches of this government, and they never will while the flag floats.
The officers appointed to investi¬ gate this tragic disaster will do their duty. I do not underrate the importance of the legislative branch of the government; I believe in its dignity and in its wisdom, and in the openness of its discussion of public questions; but what we need now, in my opinion, is a decent and dignified silence iu the face of the appalling calamity which has fallen upon our people. There are times for speaking and there times for si¬ lence, and at this time, when we face the awful event that has over¬ taken us, we should restrain any ex¬ pression of opinion or expression of our belief as to the causes of this terrible disaster until in a proper, regular, and formal way. an inves¬ tigation may be  had    by   the   Navy
department, which we know will be conducted with the utmost upright¬ ness and the utmost integrity." Senator Lodge of Mass., said on the same subject: "Does any one sup¬ pose that the Captain of that ship, who, wounded and stunned by the explosion remained the last upon the sinking vessel, and who, in the midst of that awful excitement, sent a dispatch showing a coolness which is an honor to the American name, is going to iie about his ship? 1 The Secretary of the Navy is a man jof distinguished ability, of honor j and patriotism. If anyone immag- ines that Secretary Long will not tell the truth   and   insist   upon   the
whole of it, he little knows the char- ! acter of the man. I think those who i know Theodore Roosevelt would be j slow to believe he would seek to ! conceal the truth in regard to this
disaster. We want to know the truth. If it was an accident which destroyed the Maine, then let us provide, so far as human foresight can against a recurrence. If it was treachery, then the righteous wrath of the American people will take a signal vengence for the treachery which sent that ship to the bottom. And let no one think to stay it.'' Congress showed its good sense by confining its action on this subject to making an appropriation of $200,- 000 to be used in trying to save as much of the costly equipments of the Maine as possible.
The house, by a vote of 159 to 124, passed the Bankruptcy Bill which was reported from the Committee as a substitute for the Nelson bill, which was passed by the Senate at the extra session.
The Southern cotton mill owners have been protesting against the proposed constitutional amendment giving Congress authority to regu¬ late the hours of labor in all the states. A resolution providing therefor is now being considered by the House Judiciary Committee.
ARE THEY REPUBLICANS?
Do they Pretend to Belong to a Party Whose Men and Principles they Refuse to Support.
A true Republican will always as¬ sert his right of choice of men to represent his party in office when nominations are to be made. He also recognizes the right of the majority to decide.
When men who have acted with the Republican party feel it to be their duty or interest to refuse to abide by the decision of the majority properl}'^ expressed in primaries and conventions, they cease to be of the party and have no right to the uame of Republicans. If honest they will cease to call themselves as such. A man has a perfect right to change his opinions or party, but he has no right to lay claim to a false name.
As, for instance, there was noth¬ ing illegitimate or wrong in the contest for the United States Senate between Mr. Wanamaker and Mr. Penrose. Each had his warm friends and supporters; but when a majority had decided that Mr. Penrose should go to  the Senate, that  should   have
been an end to the strife.
In the choice for Governor and other state officers, as well as county officers to be elected this fall, there is abundant room and opportunity for every Republican in Pennyslva- nia to express his choice. To work for the nomination of such choice in the regular convention is the duty of every true Republican, as well as to support the nomination when made.
• In this connection the query arises: What right have the disgruntled politicians, who recently met in Philadelphia and put in nomination Mr. Wanamaker for Governor, and adopted a platform expressive of their views and intentions, to longer .style themselves Republicans? They had no authority from the Republi¬ cans of the state for their action; they represented nobody but them¬ selves, and their candidate and plat¬ form represents them only. These gentlemen put themselves outside the party, and what right have they to longer  pose as  belonging to the
party?
For   the   Republicans   of   Potter
county to recognize the gentlemen attending the Philadelphia confer¬ ence as Republicans representing their views and sentiments is to in¬ vite party disintegration and a sur¬ render of their political rights to a coterie of self-constituted bosses. This would be reform with a ven¬ geance !
By the way, in view of the intend¬ ed independent action of the party nominating Mr. Wanamaker, would it not be well for every Republican in this county to learn of the candi¬ dates seeking nomination, their in¬ tentions in respect to loyally sup¬ porting the candidates nominated at the regular Republican conventions for state and county officers? If sat¬ isfactory answers are not given, the candidates should be told to seek nomination somewhere else than in aRepublican convention. This is no time for deception.
February Term Special Court.
ikluch interest ilanifested in riany of
the Cases, Especially in those
of Toles and Harrison.
OTHER inPORTANT CASES TRIED.
On Monday, February 14th, 1897, the several Courts of Potter county Pa., convened at two o'clock p. m. Present a full bench, Hon. A. G. Olmsted presiding, and Associate Judges Larrabee and Stevens being present.
Fox Executors vs Thos. A. Hurd, et al. Jury called and sworn. Same day jury return verdict, "We find for plaintiff the land described in their writ."
W. W. Benson vs Maydell Hol¬ comb. Jury called and sworn; jury return verdict, "We find^in favor of defendant.''
D. K. Marsh vs Wm. J. Brown. On motion of plaintiff" a judgment of •1270 against defendant was granted.
Emma Parks vs Charles C. Parks; motion for an alias subpoena in di¬ vorce to issue in this case; granted.
H. B. Packer vs A. H. Cobb and G. H. Cobb. Report of auditor filed and confirmed ni si.
In re assigned estate of F. JW- Conable. Report of auditor filed and confirmed ni si.
Edward Stewart & Co. vs C. J. McClure. Transcript of proceed¬ ings before justice; affidavit filed; rule to show cause why appeal should not be taken;   granted.
Calvin Haynes vs G. W. Pierce and wife; affidavit and petition to show cause why mortgage should not be satisfied; rule granted; returna¬ ble to March term, argument Court.
In the matter of viewing and as¬ sessing damage in Galeton Boro tor streets, etc. Petition and affidavit of burgess and town council tiled and the Court appoints H. H. Tice, R. L. Clark, Eugene Josclyn, O. D. Hammond, T. Corwin, Robert Kelly, J. L. Van Kirk to assess the dam¬ ages and report.
Pietro Sizanna, a native of Italy, admitted to citizenship.
H. F. Marsh, an attorney trom Tioga county, admitted to practice in the courts of Potter county.
Overseers of Allegany Poor Dis¬ trict vs C. L. Campbell, H. F. Weav¬ er, W. W. Guernsey, terre tenants. Jury called and sworn; jury return verdict, "We find in favor of the de¬ fendants the land described in Plain¬ tiff's writ, subject to be released and conveyed by defendants to plain¬ tiff upon payment to defendants by plaintiff the sum of $300 within six months, with interest from date.''
H. C. Crawford vs W. N. Y. & P. Railway Co. Motion of plaintiff to amend writ of summons to read "W. N. Y. & P. Railway Co.," instead of "W. N.Y. & P. Railroad Co." Grant¬ ed. Defendants plead surprise. Case continued on application of defendants, and amended returns of the Sheriff filed by leave of the Court and objections taken.
J. H. Harrison vs The County of Potter. Jury called and sworn; jury return verdict, "We find for plaintiff the sum of $253.12."
Fox & Ross vs RillaStevens. et al. Jury called and sworn; jury return verdict, "We find in favor of plain¬ tiff the lands described in their writ subject to be released on the pay¬ ment of $1417 in 30 days."
Bertha Zaner vs Wm. Palmatier. Jury called and sworn; jury return verdict, ' 'We find in favor of plain¬ tiff the sum of $10 and costs. "
W. H. H. Ireland vs August Vopil. Jury called and sworn; jury return verdict, "We find in favor of plain¬ tiff the sum of $66.56.
F. F. Cutler, administrator, vs R. L. Nelson. Motion on part of plain¬ tiff for leave to perfect an appeal in this case by filing affidauit of appel¬ lant; granted.
Luther Toles vs F. E. Horton. Jury called and sworn. Motion on part of defendant for a compulsory non-suit in this case; granted. By the Court. Motion on part of plain¬ tiff to show cause why the non-suit in this case should not be taken off; granted and rule returnable to argu¬ ment Court March term.
W. P. Kibbe vsWm. Tauscher and A. H. Morey. Jury called and sworn; jury return verdict, "We find for plaintiff the sum of $90.
W. W. Benson vs Maydell Hol¬ comb. Motion for a new trial on part of plaintiff; Court granted rule to show cause why new trial shall not be granted. Returnable to Ar¬ gument Court, March term.
JOHN ABSON.
Died, February 20, 1898, John Ab¬ son in the 46th year of his age.
A particularly sad death is the one of which the above is a brief re¬ cord. Deceased had been suffering more or less for three years and confined to the house for the past few months has suffered a great deal. He was at Buflalo receiving hospital treatment but no medical skill seemed effective to stay the ravages of the -disease, which was a a form of paralysis. Deceased was a son of Edward and Anna (Pember- ton) Abson, natives ofGermany, and was born July 31,1852. Two broth¬ ers, George and William, and a sister Mrs. Elizabeth Benson are left of this family. John's thii*d wife Rose (Griesel) survives him and one daughter Josephine, now in New York city. Deceased was a good citizen, quiet, industriousjand kind. Cut down in the prime of life the loss to the community is great as well as a sad blow to the be- reived family. The funeral was held at the residence on Oak street on Tuesday afternoon, Rev. Reese officiating.
No Bounty
On Foxes.
Judge Olmsted Decides that the Pay¬ ing of Bounty on Certain Animals is Illegal.
|a political HOLD-UP.
Not only in the State but in Pot- tes county the faction heretofore marching under the banner of the Business Men's League occupies the position of "holding up" the party. They propose to control the Repub¬ lican party or defeat it at the polls No better proof of this determina¬ tion is needed than the action of that faction in the election in the second ward of Coudersport Boro. The leaders of the B. M. L. declared they would defeat the Quay man if it defeated the whole ticket. Thej' accomplished their purpose and the Republicans of Potter county will brook no more such meth¬ ods from men who claim to be Re¬ publicans. A full B. M. L. ticket has been put in the field and threats are already heard that if these can¬ didates are defeated at the caucuses the Quay men will be fought at the polls.    Do the Republicans of Potter
county purpose to throw up their hands at the demand of such a "rule or ruin" faction?
Ah, But he is a Quay Man!
Coleman Smith of Shingle House, who has declared himself a candi¬ date for the office of sheriff, subject to the Republican County Conven¬ tion, is a thorough going, up to date business man. Notwithstanding the fact that he has found time to visit many homes in the county, his business interests have not been allowed to suffer and he reports that his outlook for the nomination are very encouraging. Mr. Smith will make a popular officer if elected.— Enterprise.
A Peculiar Comcidence.
At the Republican caucus in the Second Ward of this Boro. Collins, the B. M. L. candidate for school Director had 20 votes. At the elec¬ tion, where the B. M. L. attempted to "rebuke" the Quay people, the Republican candidate for School Di¬ rector luul just 20 votes less than the Republican candidate for Inspector of Election. This is notmerely a coinci¬ dence.
Treasury figures are assuming a brighter and more satisfactory con¬ dition. Receipts this month for thus far have averaged over a mil¬ lion dollars a day and prospects are that next month will be even better. As the total expenditures of the Government average but a million dollars a day, it will be seen that the new law has already practically reached the point promised by its framers—an income equal to the ex- I penditures.
THE ACT IS UNCONSTITUTIONAL.
In the  Court of Common  Pleas  of Potter County,
No. 22, March Term, 1898. Ira Easton,
vs. The County of Potter.
case  stated. Opinion op the Court.
This case involves the question of the constitutionality of the Act of July 9th, 1897, P. L. 233. The title of the Act is as follows: "An Act for the destruction of wild cats, foxes and minks in this Commonwealth, and providing for the payment of bounties on the same, officers' fees, and fixing a penalty for violation of same.'"
The Act itself thus provides for the bounties, fees of officers, and provides that the said bounties shall be paid by the Common wealth of the county within which the animal was slain. The simple question is whether this Act is unconstitution¬ al for the reason that the title does not disclose to the Commissioners of the several counties of the Com¬ monwealth, the fact that the burden of the payment of these bounties is, by the Act itself, to be placed upon the several counties.
This Act certainly puts a burden upon the several counties of the Commonwealth without any notice in its title of a purpose so to do. The title, to be sure, gives notice that somebody, or some municipal corporation in the Commonwealth, is to be called upon to pay these boun¬ ties, buf. we have to look beyond the title to find where this burden is cast.
The constitution provides "That no bill shall be passed by the Legis¬ lature containing more than one sub¬ ject, which shall be clearly ex¬ pressed in its title, except appro¬ priation bills.'' The act under con¬ sideration is not obnoxious to the constitution as containing more than one subject; but is the subject clearly expi'essed in its title? I think not.
The title of an Act of As.sembly must not only embrace the subject of the legislation, but must also ex¬ press the same so clearly as to give notice of the legislation proposed to those who may be specially interest¬ ed therin.
How can it be said that the pur¬ pose to require the several counties to pay these bounties, is " 'clearly expi'es.sed" in the title, while the language of the title gives no hint of any such purpose?
Pierie vs. Philadelphia, 139 Pa. St. 573.
Quinn vs. Cumberland county, 162 Pa. St., 55.
The object of Sec. 3, Article 3, of the constitution of 1874, relating to titles of acts, is that legislators, and others interested, shall receive di¬ rect notice in immediate connection with the Act itself, of its subject, so that they may know, or be put upon inquiry as to its provisions and their effect. Suggestions or infer¬ ence which may be drawn from knowledge dehors the language used, are not enough. The consti¬ tution requires that the notice shall be contained in the title itself.
Com., ex rel vs. Samules, 163 Pa. St., 283.
The case just cited, covers the one bar, and cannot be disregarded by me.
I am of the opinion that the bounty Act of 1897 is unconstitu¬ tional, for the reason that the title to the Act does not set forth that the several counties are required to pay the bounties provided by the act. A. G.  Olmsted,
President Judge.
Curs Yelpins at a Mastiff.
The Potter County Journal seems to be catching it on all sides; and, considering the inequality of num¬ bers, Colcord's putting up a gamy tight.—Port Allegany Reporter.