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THE SCRANTON TItfBUNtt- WEDNESDAY, JANUAUV 2, 1901.
3 TO PERMIT OF LOCAL LAWS EASY SOLUTION OF THE SECOND CLASS CITY DIFFICULTY. Report of the Special Comirlittee of the State Bar Association on the Advisability of Repealing 'the Con stitutional Provision Against Lo cal Legislation Would Practically Permit of Cities Framing Their Own Chavters and Do Away with Classification Scheme Altogether. Apropos the second clasps city dis cussion, the nppended report la re printed from Tho Tribune of July 7, 1S3. It contains the findings of tho special committee of the Pennsylvania Bur as sociation on the advisability of repeal ing tho constitutional provision against local or special legislation. Tho report was ndopted at the annual meeting of the bar association, held in Wllkos Barre, July C anil 7, 1S9J, and It is like ly to bo laid beforo the coming legis lature. The committee which framed the report was composed of James II, Torroy, of this city, chrlrman: Clcorgo ,F. liner, nf Heading, am" M. W. Jacobs, 'of Ilarrlsburg. The report: To I lie I'cmviyliatila Bar Association. ' Iip iindcntlBiicd, appointed a committee at the la-t incctlnir cf the association, In pursuiriec of tho following resolution which was then adopted (hoc pairc !'-J of report for lkOS): "Hrtoltril. 'Jliat a special uiininlttro of tlircc he appointed tiy tho prcdiirnt to consider ami report at the next inectlnj t tho nsi-oclitloii tho advisability of adoptlre an amendment to the Mate i-otistltutlcn which thai! ctTcrt the re peal nf bd much of Artldo Ill, section 7, as prohibits tho passage of any local or tpeclil law reKiiUtliiff the affair of counties, cities, townships', watehi, liorougVi or school ilLslrlttn, together villi Mich ameudatory provisions for notice of pre-proed local or special acta n shall nafpgnnril tho communities) affected fiom hasty or ill-ronslilcicil legislation," lcspcttfuHy repoil: The Importance of I he subject committed I'll der tlib revolution ran hardly be exaeiferated. A Introductory to the statement of the action recommended by your committee, It nny he well to hrlrtly review the history of the e-on-tl-tutlonal and leslseiitlvc enactments of thus coin monvvcaltli on the subject of local und .pt'iial legislation. Prior tn the constitutional conent!oii of I17.I them was practically no constitutional limit,'.! tlon upon the power of the legislature to pj-w local and opccial laws. At the time of the imih.1 Inc of that convention it w.n generally rcc'ic nlzcd thrcmirhoul the state that the practice of patiinp local and special laws upon every aniety of subject had Brown to be an abuse so seflom .n to lie unbearable. It was stated In delutV In the comrntlun that duiltn; flown jcam pilcji- to U7!l thero had been paused 8,T5j private, 'aits. It was frequently uss-jrted during the prixif iIIiikh of the convention, ami never (lulled, 11 Jit the litritnlnatlon of the lieoplo to root up tht; prac tice um the ctiilrollliiff motive In the tr.illKrini; if the contention. As in all human a'tars the lutriislty of tho feeling upon this suhject: led to tile most isvvccpini:, far-reaching ami drastic meat nies. In no other country, and In no oilier state nt the union up to thii time has hjr been enactnl suc.li complete and comprehensive pro hibition of thl i character cf IchIsI itlotiL ni:.soNS ron tub actios- Mtliough the proceedings of the contention fill tight Initio oluiiie, the citlre dlciii.,lon upon Aillclu HI, Section 7, rcl.it hit' lojloeal and special legislation, ocuiplm lcsJ than foi'y iip-, limit of tli.it helm; nciupleil with thci ill.uiio.i .f amendments lo the committee's lc'pott, wlihh wrip rejected. Your ccmmlttcc in considering this matter, very naturally turned to the debates of the convention for the purpose jf obtaining nine Unit iiiji the reasons which led to the adoption'! the particular provisions which were Mihmittcd' lo ii.. The entire prucrdiiia upon that subject mliy be Incorporated in this reject without undul.4 cxtendine it. They are a-, fnl lows (2 t'onsl'Aution-il Pcbatc. Ml); The chalirr..7ii: The next paragraph will he irad. I The clerk Wind a-, follows: "Keguhtlng the airilrs of coul lie?, cities, townships, wauls, liot. cfjshs or scllxd districts. ' The ctiestlon bring taken the pailitrraph was agieed to." The tcmiicl of the convention was well e prcicd in tll-rcinuhs o:' Mr. Ilecbo CJ Coiistltu tlonal Pcbatln, .V.i), when Article III, Section 7, was under cmnideratlon, as follows: "J hope ijhis piingiapli and the section will be iidoplrili Among IIiomj thliiKS which it Is expected aie to assist in dctrojuu: this greil coinmnnAPsJlth is special legislation and the l'o dixit hn ioni' forth that shall be heieafter wiped out.) 'I hat subject is very fully handled lu this section. Lot us therefore put it thiougli '. a ti'ta forty pace, wont for wonl and line ter Hue, mil If an thing Is needed to make It emnpleln lict us add It iiuic.My and theeifully." JJhat pjoAisinns, so sweeping in character, and adopted do much under the Impulse of piejiidleo siiil reseitment, rhouM lot haic troen in all respects mtisfaelori, is haidlv to he wondeivd at. On Jthe contrary it is surprising that so little eifil has resulted. Manv of the piohlhl tlcns b.iio heen succcsafully evaded, as witness that prJililblting tho criatlr.g of corjioratlons or iiinciullitcr, tenewlng oi' c.leiiding the chaitcis thereofl Probably frnn two-thirds to time liurthsof all the srcclal laws under the old . tern ccfmo under this piohihitiou and the special pihilcun secured under such charters Wire tie principal cause of the dl-contei t then felt with the poVtr of the legislature. . - ' oim:ni:i) tiih uoon. Sin -e the adoption of the constitution, howetcr, general legislation upon the suh. Jcct of c-orporatlon has giadually opened tho doors so wide that, it It is not now time it U likely ery soon to lie, that poisons cm I crai corporsllciij for any purpose and writo Jhelr own chaiters without anj necessity for in xos.lt S the aid of the legUlatme to endow them with, ech special pilvllegcs as they elcslre to itijoy. Tho temper and action of the convention 1 1 173 are well stated by the present chief jui tire 'nf the supremo court in A.vrcs' appeal, 12J r.i.,,2li "The pernicious system of special leg islation, practiced for inanj jtais lufoie, had bcrJine so gc'ieral and deep looted, .and the evils iciu'ting therrfmm so alui.ilng that the pcoplo of ihe eoinmonvvealth determined to applv the only remedy that promised any hope u( rclbd. lloubtless It was n rroper appiedatlon ot the iiuuailtiidc of these evils a much as authliii else' that lalled into existence the conveiitun that framed tho piesent constitution ami in dued Its adoption by an overwhelm I nie ote. One of the manifest objects of that insmimciit was to (tadicats that species of lesislatlon and sub stitute In Hen of it general laws whenever it was povlhln to do so. This is so e Icily appai enl that no unbiased nilml can contemplate I he seventh section e.f aiticlcx thice and Mndml pi ivisions without rea'hbi'f tint coiiilu-lon. Hut Mellon contains a schedule of ncail.i nlty pio. lifli' suhjecU of pievloai special and' local legit. Lit 'on and oidalrs that the general ismmiLI shall not pa- any local or special law tclatln,' to cither of them. As an additional safeguard, III cuses where special legislation Is i.ot expriMs. ly prohibited, Ha next section ilc-dares no local or JUl hill shall lie p-sscil uidess tioth-e ol the intention to apply thuefor shall have Utn prblished, etu." Cnouzh, peihaps too nmiu, has heeu Mid with rvtrenco to the general luhjiet of local aim spMlal Ifgislallon as regulated by the eoiulltu liJn. Wo will turn to the pirtlcular duhject of heal s lies-special legislation leferrrd to In the alovo resolution, namely, that ligulatlng the afslis of municipalities. In confide rh.g the practical effect ot tho constlliillunal provisions It Is wvrthy of remark, as Indicating tho lm.m iiiltniM occasioned thciely, that the vvoih of Hm. John P. Sanderson upon the Validity ot btat-iil-s, reviewing the couiso cf judicial decisions fo the twenty five yean sitex-ce-elins the adoption ol the constitution of 167) contains ultogither if) pagca, of which ninety pages are devoted to sihjecli other than those with refclfnce to Isal or tpeclil legislation, alwnt tin page to tiV subject of local and swelal legislation In piirral and, all tho balance of the book or nearly i-inrus or k to inc sunjecl of local ai,J ipo 1 legislation with reference to municipalities, other vvoielt, of the fifty piohlhlled tubjeeU l-iiiu ... . .. referred to by dilef Justice Sterrcf, this Mif olont bu been the ebject of constant atlmk and has eomtsnlly Wen fought to be evaded. Iwth In the leglsUli.ro and the courts. This fact Is In Itself siifHflcnt evidence of the galling and burdcinotiio ibaracter of the restriction, HU.SDHKDS VKTOKU. Without seeking tn be exact, It Is rafn to say that since ISTt hundreds of acts of nuemlily have been xstccd mi the ground that they wero In xiuhtlon of this prohibition ol the constitu tion, and almost as many have been deelsied unconstitutional by the courts. It Is neither safa nor fair to set down the continual efforts lo escape the constitutional prohibition to tlie per x-erslty ol tho' people or tho wilfulness of th legislature. On the contrary they demonstrate the deep sealed and general illseoutent ttion the pait ot tlu municipalities of the state with the restrictions Impowd by the constitution. It Is urnec-esssry for your committee, address. In a body of lawjers, to present any extended ivvlcwr of the rulings of the supreme court upon this paitlcutar prohibition of the constitution. A short jcar after the constitution went Into effect the court was confronted with the problem arls. lug out of tho practical Impossibility that pre cisely uniform legislation could be adopted for all cities of tho commonwealth, largo mid small, and lu ouler that tho prohibition might not paralyze all legislation for the benefit or rel'.el of tho .cltle of the a'ate, the court vras forced to recognlro tho power of tho legislature to classify elites, a power which had been as pumed and exercised by the legislature In the act of May 23, 1874, providing for the Incorpoia. lion and government ot cities and dividing the cilics ot the state Into three classes, a most admirable piece ot constructive legislation, framed by the lato lamented Senator Wallace, and commonly known as "The Wallace Act" (Wheeler vs. Philadelphia, T7 V 3.19). The power ot the legislature to tlas'lly cities according to population having thus been recog tilled and conhiincd, the logical Inference which the legislature and tho municipalities affected were not slow to draw, was that clalfliatlon ot other municipalities and classification upon other bases than that of legislation and clarifi cation of cities more numerous than three would be equally permUsnhlc. The conC'iicncc was the opening of a 1'andora'n H"X of special act under the guise of general laws, which for jears ag. taUM the municipalities and Hooded the courts with litigation, until the supreme court, speaking by Mr. Justice l'axsun. In the case of Motrlson vs. llachert, 112 l'a., 3l'2, felt It necessary to use the following language referring to this piovlslon of Uie constitution: "It Is our purpoe to adhere rigidly to that Instrument, that the p-ople may not I elepilved of its benefits. It ought to be uincccssary for this court to make this Judicial declaration, but It ii proper to do so In view of the amount of legislation which is periodically placed upon the statute books in entire disre gard of the fundamental law-. Much of this legis lation may remain unchallenged for years, only to be overturned when it reaches this court. In the meantime pirtles may have acted upon It, rights may have grown up and the incon xcnlences and looses entailed there hy maj not bi Inconsiderable'. As we view It, this note of warning at this time is needed," ITS SINCKItnV. There can lie no doubt of the sincerity of the court In making this sweeping dc-claiatlon. In xiew of some of Its more recent decisions a doubt Is, however, suggested whether n more complete acquaintance with the 'inconveniences and osm-s entailed therebi" has not somewhat weakened the heroic resolution of the court. Tor exam ple, the coeit lu the case of t halfant vs, III ward, 17,1 pa., "tij, n du hiring unconstitutional certain acts e-onsolidating districts and legtilallng affairs In cities of Hie second (hiss nppe.iicd lo have determined most duislvi-ly that a iliwlnc.1. lion of school districts was not pennlssahle, jet when confinnteil with the serious eflects of this ruling to the schools in elths of the thlnl (1.K-, some of which had heen operated for twenlv Jears or more under the provisions ot the tic I of 171, Hie court has heen so much emharrasicd that the ease of the rominonweallh ex rel. i'ell vs (lllligan, Involving the organlrat Ion of the sihool district of tho citv of Pittstou, In vvhlih the lower court followed f halfant vs. I'lbvanK has liren argued and reargued and upon an equal ly divided court is now walling a thhd argu ment. It would he Instructive to review the cloits of cities of the thild diss hv i onfereiices, conven tions anil delegations to the legislature, to se. cure such legislation as their growth and ex perience demanded, hut the rioivssiiy limit i tinns upon such a report as this preclude It. It is MifUclcnt to say that the Indlvhhut i lies have Imcii eomiielhd in such joint cn'oiK I compromise hj giving up num- pinvisious whh-h seemed ioeally important; that the legislature has oftin leformed provisions which had heen lull agieed upon bj the icpin-cntillves of the cities, and th.it upon the last occasion. W17, when all the cities had agreed upon i el lain pin visions which they thought it import int should he grafted upon their charters, and hail suc ceeded lu passing (hem through the leglslituic, the whole effort was fiu-tr.ilrd by the Inteiposl tlon of the executive veto. It Is evident that In the i-ousiitullon of isT.'e the pendulum swung to Its utmost limit in the matter of special legislation, and while It Is not dcsir.ihh' that it should swing bark again to the other extreme, it seems clear to join ioni lulttci' that some lellcf should be given to the nialiifnld inconveniences mil limitations occa sioned thercbv-. somi: PAiiriort.Aiis To sieclfy a few of the paillculars In vvhh-h the result of these constitutional prohibitions nru unsallsfaciorj and Injurious, we nitn thy tollcwiug: Kirst While the puriHise of the constitulicn.il provisions was to piohihit local and special leg Watlon iihsolutelj In th.s majority of ease, and to rccpilre In excepted cases the publication of notice of any such legislation proposed to be adrpted, the effect of classification his been to leave the legislature fiec lo pis local and special legislation with icfeieiice to the city of Philadelphia, the only city of the fust clan, and for tho twin cities of l'ltubuig ami .P ghen.v, the only ones of the second elavs, without any notice whatever. Second Tlu cities of the third class, now numtierlng about tncntx-fivr, arc compelled to adipt themselves to a rigidly unlfrom sjstein, which Is not altogether agiecahle to any and extremely cumbersome to some of the num ber. Third -This results, as to cities ol the third class, in a condition which may well lie in scribed as that of auestcd development. The pioblenis Involved in the evolution of municipal government aro among the most weighty and serious which now engage the attention of pa. trlntio publicists. In order that the effoits, all more or less dlveise and experimental, to Im prove municipal conditions should be success ful, It Is neeessaiy that theie should be sonic degiee of limlom toi Independent jctlou. As to the cities of the Ihlid class In this state, such frtcdom is absolutel.v precluded. romtli 'I he principle of home rule for titles, which has come to he recognized as a valuahlo right and ale most jealously guarded, receives no recognition whatever I" the present sys. tun. rifth As at present Interpiete-d, the admin Islutlou of public schools In all of the titles, boiouglH and townships varjlng almost Infinitely in their population, urea and social and com mercial conditions, must be alisolutcly uni form. wOUI.li AFKOHU Ill.IlrX. The constitutional amendment which jour committee recommends is designed to afford liilrf from the evils and Inconveniences ot the pies ent llgld constitutional restrictions without again thtnvving thu door wile open to lusly, ill. considered and injudicious legislation. It pro vides that the municipalities shall he at llbtrt) to Initiate s'lcli changis In their charter pro. visions as iiieir experience ami necessities elle. tale. The principle of the initiative ami icier emhmi, hoiiowed from hvvitmland, vvluic It has been In successful operation for etiituurs, is lie. coming mole and more resorted to as the safest and talie.t method of seeming local Independ ence without the saciiflcp of centra! contiol, in the states of Mlsouil, California, Washington and South Dakota, this principle has hen adopted In its most complete form, and with most sallsfaetoij and be-nellteut leMills, the eity char teis of those states being formulated and luloptcd by the Inhabitants In their tutliely ami submit, ted to tho legislature for approval or disap proval, No case has jet occurred vvheie char ters so adopted by the people havo been re jected by the legislature. l)r. Oberholtzer, lu bis woik upon "Tho lleferenduiu In America," pago 103. sax; "this movement to separate our city and state Bovcrmnriits, which has rrached tho stage of practical experiment lu the three states men tioned is, In truth, only tho development ol all the best ol the later tendencies in thought regarding this sjsteui. Such a solution ol the problem has been looked upon by all recs'it competent students of munlcjuil liovcrnment ii the only true lilajjvtA-s.'to'fni." jj'ai-lfnrcipio ot me referendum is not novel tejbi in Ptnsjlvanla. The vole ot the people Ii re quired under the present constitution lor the In creaso of municipal Indebtedness isiyoi.il two per cent., the Incorporation of boroughs and titles, the location of county seats, the pur chase cf lands lor parks and the division ot wards In titles, tho building or purchase of water works and electric light plants in bor oughs, and In various other cases. It seemed to jour committee that lo make 1 repeal of the constitutional provision specifically mentioned in the resolution of the association effective, It was necessary to also repeal two other ot the constitutional limitations upon spe cial legislation. Our recommendation, therefore, involves the repeal of the following consltltu tlonal provisions, contained In Art. Ill, Scc tlon 7: TH12 I'ltOHlDiriOV. "The general asseinoiy shall not ps-s any local or special law rcgulsitng the affairs of counties, cities, townships, wards, bor. ougbs or school districts Incorporating cities, towns or villages, or changing their charters ci eating offices or prescribing tho powers or duties of officers of counties, cities, moroughs, townships, election 6r school districts." In compliance with the suggestion ol the reso lotion contained In the following language "to gether with such further anundstory provisions for notice of proposed local or special acts as shall safeguird the communities affected from hasty or Ill-considered legislation," vvc have pro vided for a method lu the nature ot an Initia tive, providing that no local or ape-clal law of the kinds permitted by the amendment shall he passed until they havo lieen ndopted at an elec tion of the voters of the locality affected. In slew ot the definite intimation by the supreme court In Chaltont vs. I.dwards, that the question whether the proper preliminary steivs had been taken lor the passage of any local or special law would be considered a legls latlve question which would be absolutely pre sumed to have determined affirmatively by tho legislature In the uhsenco of admission to the contrary, we nave aelded a provision giving the com Is dcllnlte power to determine tho question whether or not the submission ol the local or special laws authorized have been actually made, and whether or not they have been adopted In accordance with the leipilrements of the constitu tional amendment. Your committee, thcteforc, recommends that the assochtlon takes steps to procure the Intro duction and passage by the legisla lire of the following amendment to the 6tate constitution: "The general assembly maj pass any local or special law regulating the affairs of counties, cities, townships, hoioughs or school districts, changing the charters of cities or hoioughs ami creating oftlccs or prescribing the powers and duties of officers lu counties, cities, boroughs, townships, election or school districts. Hut no such local or special law shall be passed until at least thirty ilajs prior to the introduction Into the general assetnhlj' it shall have heeu submitted In sucu manner 11s Is, or may he, provided by law to the qualified electors of the rounty, clt.v, township, hoiough or school ills tritt affected by such local or special livv at a general or special election and a inajoritj of the xotes cast at such election slnll have been voted In Its tavor. "Tnerc shall bo no presumption cither of law or of fact that thero has been a proper sub mission to and consent of the electors to any such local or special law when tho question of the constitutionality of such law is at issue in nny legit proceedings, and. It the court be not s-ntisuVd that such submission and consent have been legally made and given, the law shall be declared unconstitutional and sold," Respee tfullv' submittiil, .lames II, Tones, (Jcorgc 1". Ilier, M. W. Jacobs., C'otmiiilli'c. THEATRICAL. ATTRACTIONS THIS WEEK. Lyceum. Tue-djj and i dnesdaj- "('Uo Vuill." Mit Ineo Tih'mIij. Sew Year's Haj, llimtciav llmke's V.iudc.lllo eompin.v. Mil hue. I'lhl.iJ "All on Vri ou-it of Kllra." Academy of Music. Tint ilnce lliys- "lleimnibcr the Milne." I nt 'lime lltjs "."pin of Life" The Gaiety. I'list Iluee liajs "Sew oil C;ir." List T'ne Dais S-ani T. .huh's Huile-quei'. "Quo Vadis" nt Lyceum. AiidicmcH that tested the e-apacity of the house saw the splendid production of "(Juo Yadl," given at the I.jceum jcnterdaj afteineon and evening. It is Iho stage version made hv- Manls laus Mange, the incidental music being by Julian l.dvvaiils. The idea of Iknrjk Me nklen lex's gr.-at Work is preserved in an admirable manner in the stage version, which is pir-entii! with lavish senile and lo-tunic effects, 'Iho play is pre seitisl lu the following tuts and so. Mies: Ait I Scene 1, l'ni-tvle in I'ctrontils' liiiwj scene '.', Hardens ot Auliiit li.iutlu. Act ll-Sirn's gaiilcns mid palate at Koine. Ace 111 IVtionlus" villi at Xntlum. it IV (tauten at Linus' hoiw. xet V -S-ene I, room In S'eio-s pilaee. Home; si i nt -, intciior of the Matuarlfuie piison. An- VI -The cxteiicu of the tiitiis, with a view of .11 en i. The coinpaiij' was eiellrnl. Mjron t ibce splcndldl) priinled ihc esmaidl.c, vain S'cro who topslgmtl thousands of Christians to the nanus to furnish him insplititloii foe n poem, f'.iillnc 1'. Itohr was much adiuiiid for her work as l'i ppoca, the empress, ami Alhe Chandler was the sweet and 1 1 n-.til.fr Christian maiden Ljgia. 1-1. n ll...A..lA..n .. I ....... If.... .. . A... ..!.... jilt- i inuiii'ju- i, (...in,- nun ris it Hill- iiiiu of woik and Wilfred Lucas it Midi us n ml Hal tor Law- as Tigtillnus greatly distinguished them selves. The plaj will be presented at the Ijtruni again tcnlght. More Delightful Vaudeville. Wlu that ever saw the original piuduetion of Hut, tolllckliig, sprightly mid laugh-piovokliig farce comedj-, "Later On," but does not in nil that happ)' comedian, Joe Halt, of the once fam ous leant of f unmake r, llalleu and Halt. Kevtral jcirs ago K went on the vaudeville singe In company with putty I'unle le Mm, und since then both have Iccn reaping new honois. itr. Ihitt, since his vaudeville engagements, bis writ ten nil the sketches In which be a'ld Miss He Mar appear, und It goes without pajhe,' that they ni o not only dean and witty but tveriellngly irterlalnlng, in nil of them ml t lit and iiiu-io have pail and the acting, singing and dancing of the finious team mo liieslstibly pleasing, tilth the foithtoinlug company comes these greit luad-llners: 'Iho (iieat Henri Trench, the mot noted comic juggler on tin stiuc; l)oinwi'y, Maik am! eompanj, in a highlj amusing touudj sketch; Coaklej' and llue-ttd, two of the mot nttiaetite singing and darning comedians ever brought to this eity; l.oele, an aerial aerohat v.liise work is as unique: as it is avtoundui,, Miss Lama Com.tock, a singer of ran- meilt, whose toon vvaiblllii; delights he-jnud lueatuie; the I'rcn.ly bii.thc-s, tievet singing and talkl'ii: ccniedlans, whose funny stotles will split jour sides with laughter, and lilnc Albino and Mat 1.1 llr.uit, .n as clever a si'ioud sight act us was ever wllncs.ed. All tliem. nillsU eouili'iiie to make n pi'i'oimanee whee aitlstle mirth cannot be Impeached, and whose amusing features can not he surpassed, Kvtiy act and skelcb is new .Hid up to date and Is tlean and clever. At the Ljieum theater tomoirow, alttmoon and eveni'ig "All on Account of Ellzn." 'theie is little 1'i.tsiion ot the warm nciptlou vvhlih v 111 gitet tlue popular plajei., Louis Miinu and tiara l.lpman, when they appear at the Ljteunt next I'llday evening, to present for tho Hist time lu this e Itj , their new and to. ir.arkahlj .iiecissfut icinidy, "All On Account of I lla " As to the audlrnie, a hcavj- advance sale Indliates its sice. Mr, Mann and Miss Llpnian will be surioundtd by admliers only, for Ihat Is what their audi fines uie iouiposc! of In this cltj. Ihiir new icliiedy is b Leo Dltilthstrln, author of it num. ber of iiites.se, He is slid to have supplied Hit, two pilnclpal parts, which lit tlelr linisrson. liters like thoitraditlou.il glove. Mi, Maun and 'MUs l.ipman will Ihtscfoiei Is) seen at their lust. Two Men Lost. By L'xcluslve Wire from The Associated Pie.s. Iltrlln, S", 1L, Jiu 1. A searching party has left heie for Mount Washington, lu an endeavor to find William II. Ilodwell, correspondent of the Ntvv York Herald, who was lost on the mountain yesterdaj-, while attempting to make the ascent with two other men. Ilodwell, with Che,(er fstlles, of Cambridge, and Hay P.vans, of tlorham, went up the mountain on foot for the numosn iif tAlrg views. I jxidLtf . jJii-Aa-Jf' ' ; FIRST DAY OF THE CENTURY IT WAS VERY PLEASANT AND OBEATLY ENJOYED. Nearly All the Stores, Shops, Facto ries, Etc., Were Shut Down and Thousands Flocked to the Theaters and Other Places of Amusements. Annual Tieceptlon nt the Y. W. C. A. Those Who Had Numbers on the Very Excellent Programme Hendered. Tho (list day of the twentieth cen tury was wonderfully pleasant for this season of the year, und as a conse quence the city's streets were thronged yesterday from early morn till late it nlfrht with thousands of pleasure scekets. Though the sun wasn't out vsry Ions, thero was only the suspicion of cold In tho air. The business places throuch out the city .villi, of course, tho shrines of Bacchus excepted, xvcre an usual closed nil day, ns were also al most iill tho large manufacturing es tablishments. Tho only Industry of any Importance which kept its men at work was tho Lackawanna Iron and Steel corajsany, tho South mill and the blast furnace bolnpr. operated nil day. The theatres were packed with the usual enthusias tic holiday crowds and In Iho evening hundreds attended soclnl events of various kinds. Y. W. C. A. Reception. The cozy rooms of the Younp Wo men's Christian association on North Wnshliifrtnn avenue were thronged last, nlfrht with hundreds of the friends ot the association, the occasion ibelnc; tho New Year's reception. The rooms wcru beautified with flow ers and potted plants and presented a delightful appearance. The Reneral secretary, Jllsa Savage, was assisted In receiving by the following ladles: Mrs. J. A. Lansing, airs. R. T. Fellmvs, Mrs. L. M. Gates, airs. W. D. Kennedy anil ailss Hannah Deacon. From 7 to S o'clock theie was n gym nastic exhibition In the gymnasium by a numberof the pupils under the direc tion of ailss Hall. There was also a brief but excitlne basket ball gamo" Ployed by teams picked from the mem bers of the class. The music accom panying the exhibition was furnished by Miss Ada Rone. Hetween the hours of S and S.30 o'clock n musical programme of ex ceptional merit was given In the con cert room by the pupils of Miss Jul'a flnpit Allen. rharrot's "Knergi'tlo Fiddlers" was splendidly rendered by a string einartette, consisting of Miss Kdnii. Caryl, atlss atarle Hill, ailss ina Wallers and Llda Houser, accompanied mi the piano by ailss Laura Mcldrum. The eiuartetle rendered several other selections during the evening, Includ ing' a mlmtetta by Daulie. I'.lslo Powell's beautiful contralto voice was heard to excellent ndvantngi! In Dudley Hock's "Sunset," while ailss llnberlson sang a lullaby, by Dinner. One of the best numbers on the m-o-Ri'.inime iuih a tenor solo by Tom nip i'l. of the Hct'om! Presbyteilau chut en, who sang most chuimltigly Denai'a "Your Voice." Tho second part of the evening's pro gramme was In I'ltnrge of ailss Athi I.niie, who kindly consented tn assume eliurj-'e In the absence of ailss 151 h inemd. Jllss (truce Duncan sang de llghtfullyu. coon song, "Don't You Oty, ain Honey." and air. Schwartz, u inrji player of rare skill, mulcted seve al dllllctilt selections on that Instrument. ailss Anna Strickland, of Buffalo, a ehnrmlny young woman who Is this holiday guest of air. und M'-s. Ar.'n Williams, und who Is possessed of ii lull, rich and lesouiint s'lp'nnn voice of unusual range, sang Bedall'.i "Tho Wrth of the Opal," und a select I m fiom "Mlgnon." airs.. Vernn Jlllcbell Lung gave several piano solos in her usual accomplished manner and ailsj aiatthews sang exitilsltely "For All Kternlty." The accompanists wew ailss Liturii aieblrttm, ailss Iron? Kmiii and airp. Arja Powell. During the evening the members of. the cooking school, undor ailss Smith, prepared anil served delicious cocoa ajid wafers to the guests. New Year's Praise Service. Tho new century was welcomed yes terday morning between tho hours of !i and It) o'clock, with a praise service In the lecture room of the First Pres byterian church, attended by n largo number of the pailshloncts of both this and the Second chinch. The two pastors, IJev. Dr. James aicLeoel and l.ev. Dr. C. K. Uoblusoti, Hindu bilef ndelresses dwelling1 upon the hopes and feats, and dnngets of the coming century. The hymns wero sung with n wonderful sent by those present and It Is considered to luve been the most successful New Year's service ever conducted in tho church. Twentieth Coutuiy Ball. Tho Twentieth Centuty ball con ducted bv ('amp t'io, Patriotic Order Sons of America Puglu rife and Drum corps, at aiuslc Hull yesterday after noon and evening, was largely at tended, aitislc for dancing was fur nished 1 y Prof. Johnson and Law tence's oichestra. The committee of arrangomenti weic "William J. aieisler, chulimun: A. L. llahr, V. Jones, '. AV. Snyder, r. W. Klie. J. Keith, 11. rhnse. H. . Samis, C. Sames, If. Wels-i, F. ( aill ler, r. Delslng, A. J, Hummcn, r. Kel lorman, II. Klefer, W. Finutz, F. AV. Herrmnn, J. AV, Smith, J. Kvuns nud James F. Ledger. Killed His Fathers Antagonist. n,l' i:.ehlhn Will' Iioiii 'Hie .HKlated I'li'.e, Laloudon, fij , dan. L Will 'furl., a ho ot 17, todiy shot und lulled Klinlull Alheu, Hour here, llionnii 'Auk, a priw.iniiu rounliy uitr cluut, v c iig.tgeel lu i dull I with .Mkcu, also a iiosH'iuus niei ill. Hit, whin he tnllid on hll jounjr urn Will to .hcHit Mhen. 'flio hov did not hesitate, hut III id nt onet' iiwni Ids futhei'A an tUMonl.t, "ho fell dcjd. Spanish Cabinet Crisis, lly Kmliulio Wlie fiom Hie Assoelatctl l'rin. AUdiid, Jan. l.-lt Is said that the resluii.it ton of Hear Adiulul llanioe, minister ot uutine, li imminent, ovvlns lo the reeent lejectlon by tho iluiiilier ot deputies! of the government's rthiino for Imi'iaslns the uvy. Tho cilsts is becoming CreurHl, hut no olthUl aiiuounreinent will he maihi bforo tomorrow, when tho cabinet v.Ill inlet. Saw Three Ships Founder, lly Lxchi-lvo Who lioin 'flic Associate) I'rcu, Iindon, Jan. t. The raplaln ot tho hark Idun, vhtch haj-irrlv ed at C'ardll. reirts that ilurliitf tho calc I'tiday he uw three vessel t founder In the Bristol channel and he believed that aa miny as tvtcnty-Pvo lives wric lost. INSURGENTS ON THE RUN (Concluded fioin Page 1.) was present during the entire proceed ings, but did not vote or answer to roll-coll, Senator Sproul, of Delaware, Is responsible for tho statement that Beaver will nbldo by the caucus. Previous to the tnklntj of tlie vote, Representative Ullss, of Delaware, ris ing to a question of personal privilege, said that there had been misrepresen tation regarding several votes In the house caucus of last night, and In view of this fact he would urge that sena tois and members In voting should rise In their place, that everybody present could see them and that .there would be no possible opportunity' for charges of Impersonation. Ah the names of certain men who had been counted In the anti-Quay column were called and they an nounced their vote for air. Quay there was demonstration of great approvul on tho part of the great crowd present. The caucus did not begin until 9:15, and speeches were so numerous thnt It was not until 11:20 that a result was reached. Thu Quay people arc jubilant over the result ot tho caucus, as tho number present exceeded their expect ations, and they claim thnt beforo tho vote Is taken on Joint ballot for sena tor they will have ninny mote thnn tho number necessary to elect, air. Quay hlmnelf Is quoted ns saying that he expects 121 votes In tho caucus, Tho news of the result of tlie gathering was taken to him by his friends nntt party leaders from nit over the state visited hhn nnd extended their con gratulations upon what they claim Is a certain victory for stalwart Repub licanism and party regularity. The Antls Meet. While tho caucus was In session In the house chamber a secret meeting of tho antl-Quny Republicans was held at their headquarters at the Common wealth hotel. At the close of the meet ing the pledge of the antl-Qunyltes binding themselves together to oppose air. Quay's re-election wns made pub lic. The pledge contains 6S names, among these being the name of the lato William F, Stewart, of Philadel phia, who died after he had signed the paper, and John P. aicTlghe, who attended the senatorial caucus and voted for air. Quay. This leaves G7 who havo signed the pledge, not counting Mr. aicPherson, who absent ed himself from tho house caucus and voted for General Koontz. Tho pledge wus nccompanled by the following statement: "Representatives Heaver, of Juuluta, and Hosklns, of Krle, did not attend the Quay senatorial caucus tonight, having called at the anti-Quay head quarters during the evening and an nounced that they would not vote for Quay for siepator. In addition Repto sentatlve Neeho, of Allegheny, too de clared that he will not vote for Mr. Quay. air. Neebe, who Is sick at his home, authorized Senator Fllnn to speak for him," Those Who Took the Fledge. The pledge, together with the list ot signers, follows: We, the undersigned members of the next riii cr.il assembly of IVim.vihciilj, hereby pliclc ourselves that v.v will nol, iimli r any eireiuu sluices, vote for the election of Jf. h. eju.iy foi I nlted Matis si tutor: nor will we enter nny ennuis- c.illul .eid controlled In his interest or his ti"hilf: William riinn, .1. Ilavard Henry, Sinuicl Wen, ltobert H. IMmlstm, .lohn S. Weller, C. L. Mjkiv. amucl M. lt.i), William P. Mevvait, James Clar ency, William M 'I turn r Mahlon L. Sivage iiiiv 1'. SltCundl.i, fieortie M. llosaek, Willlai.i . Msbet, ltoheit Mi Uhliine.i. Thniriit .1. Ford, lleniy M. Siolt, T. I'. Saiidrnon, I'rederiiK K Ta.vlor, William I'. Winner, Prank 0. Ktlward.', -Io'iiii K. Thoniiscn llenjamln K Welty, Sum el firoh, tJcoiBO .1. Ilirtin.in, William T. Jlalm.i, KiLtanI A. Ilovre, Credent I A. fiodtharles, Wil liam II. Koonlt, fieot-.-e It, Tiffan), Vinlieiv It. Illtihioek, .lohn I'. Ihoci), .1. II. McLlni, Liu lens I'. Tbom.H. Iiti Id Martin, lliinhlon W. Hire, William Unit v, Mevinder Rtiwait, .lohn rravvforel, Willi mi Heed I). Wuilv,orlb, l.l'ni Aluains, Chailen sluno. llobert , Union, .1. Claude PnlTonl. .Klin 1'. M.-Tishe, Hem) Hall, Chirleis l', lliMrlhailh, .lohn I'. Moore. .Villi im H. Klikir, duel Ciivvfoul. Joseph 11. Hamilton, Plank I-. Loinix. Hairy IMIkliison, WllKuni Jl. Alli.-on, Joseph A1eaiidii. AlniniK M. I lout I, Tlitnus J. llevnohU, K. Iteiiiaiiiin llleiuian.lllishi ,. Coray. I'hllll.o I.. Driitnm, Jame 1'ojter, John S. At hi, hi, .".lniiiel A Kendall, Ceunri' '. Hill, Albert W Jo!in-on. Jamen V. tlark, David M. Andm-on. A call was Issued tonight for a cau cus of the house and senate Democrats on the evening of January 14 for tho nomination of a candidate for United States senator. Colonel James ar. Guf fey, of Pittsburg, will probably bo chosen the caucus nominee. rUSION MOVEMENT IS ABANDONED. Senate Organized by the Election of William P. Snyder. II) Ltcluslvi' Wire trom The -ssotlatcd Pieiss. Hartlsburg. Jan. 1. The senate ir ga til zed by the election of William I'. Snyder, of Chester, for president p"o tern. He polled tho full Republican votu. The Democrats voted for Wil liam 13, ailller, of C'umLerland. Tho other ofliceis and employes of tho senato will be chosen at tomorrow'.: session. William T. Marshall, of Al legheny, was thostn speaker ot tho house dv a majority of one vote over Clenernl Wllllum If. Koontz, of Somer set. Flvo Democrats joined with Ti Republicans to elect .Mr. .Marshall. Ono other Democrat wus piesent. but did not vote. Tho rest of the Demo-e-rats und tho anti-Quay Republicans voted for flenetal Koonlz. The Re publican state) committee will report tomortow a list of ofilcers and em ployes of the house. A meeting of commlltet-s ricm tho Democrats and nutl-Quuy Republicans was held this evening, nt which the luilou movement for contiol of tho of llces of the house wns abandoned, (lovernor Stone's biennial niessugj will be dellveied to the senate and house at tomorrow's session It will be teHid and then a recess will bo taken by both bodies until thu evening of Jan. 14, to allow the ptesldlng olllcers to prepaio the lli.t of standing com. mlttees, WAS SKINNED WHILE ALIVE. Report of Horriole Treatment of an American Soldier by Filipinos. By Inclusive W'he fiom The Associated I'reu. West Superior, Wis., Jan. I. In a letter written from tho Philippines Just beforo tho recent election, to his folks In this city, Captain Horry AY. Newton says that at that time the encroachements of tho natives were worse than they had been at nny time during tho year previous. As one Instance of their ferocity he writes: "Just the other day they Jumped a detnehment of our 2ith, numbering twenty-two msn, capturing sixteen of them. One of them was found terribly - si- - - -f T " """ '"- t lifts' - It, A Trrrs Frances l.jfr5idersoi V !). I7iB. HISS FRANCES H. ANDERSON, daughter of HON. JUDGE ANDERSON, of Virginia, Is at present In Washington, D. C.,as Corresponding Secretary of the Higher Educational League, of that city. Cured of la grippe by Pcrunn. MISS FRANPI'.'s ai. AXDKRSON', Corresponding Secretary of the Higher Kducailoual Leagti' writes from the "Astoria," Washington, D. C the following: "About two months ago I wns taken very ill with la erPPe nna was obliged to go to bed. I took three bottles of Peruna with very beneficial results, nnd was able to leave my bed In a week and regained my usual strength very soon. "I have nothing but prpise for Pe runa, nnd recommend it to those sim ilarly afflicted whenever I can." Frances M. Anderson. La grippe Is, strictly freaking, epi demic! cjitarih that Is to say, a varie ty of acuta catarrh which Is so con tagious and runs a course more or less definite, the same us scarlet fevor, whooping cough, etc. During the acute stages of la grlppii it Is nol a very l'atul disease, but the condition In which it leaves the sys tem has caused the death of a count less number. Indeed neaily every petson who has had In ilppe within the lust thrra years finds himself more or less de ranged by the pernicious effects of this disease. The majotlty of thoe whs have escaped death Ilnds life scare'.'ly worth living. If this vast multitude of peep1' cnulil only know with what certainty and promptness Peruna would relieve tl.em of all the had effects which 1 1 grippe hns brought upon them, wh'jl an untold amount of suffering would bo averted' Thousands have already heard how c-ulckly this temecly will cure In thes- mutilated, showing signs of skinned while yet nllve." being HAS AN ENOCH ABDEN. Itich Miner Returns Home to Find His Wife Married to Another. By Inclusive Wire from The Issoiuted I'ici. Seattle. Wnsh.. Jan. 1. A tale of a real Enoch Aiden comes from the Klondike Fifteen years ago, James Chapman wns an employe of Whit man, Humes & Co., a big manufactur ing concern of Akron, O. He lose to be head bookkeeper, but finally the western fever took him and ho left for California, Ho wrote regularly to his wife atitl sent her money, but ho could not muko the fortune that he sought. Then he went to Alaska, und for sev eral years nothing was heard of him. When gold was found In the Klondike Chupman at last made a fortune. Ho found some of the richest claims on llonanza cteek, and he determined to go back, lo Ohio. After fifteen years liu found his wife married to another. Unlike Tennyson's hero, he did not go away without making himself known, but he inude no scene, as the woman could not be blamed. lie leturned to Dawson and has recently turned bis claims Into money. GOLF TOURNAMENT. fly r.ilnslvi Who imin The Assotialtd I'iim .UlJlillc i "lly, N". J.. Jan. 1, Tim I'oxlilll f.olf rlnli ol State n Wind today ilefejtcd the tlnntl t Ity (Tiuntiy t litis In it iinttili iinlf ttjni,' of tliiit.v-si-c lioles li.v tlie in rum- mamin of two M. In tlie flirt M tlu Alhnlli City ilu'i led h.v one, lut tit tin Mtnnd 1 i.i It. mainly tlie result of tlio p I idavlng of '.. t. Kniri, I lie visitor in in .IK eil to win out en tue last tuo IwU.. Sillier iMiUinnl tlie roOillN, ami Woik, the Atlaiiil; t'lty Count)) tlnli. Tlio linKi were In fine con. dltii'i: end the vveilher moderate without .my wind. .V law crowd vvHnci-sed the contest. Freight Trains Collide. lly Kxiliulvo Wire) fiom Tlio Associated I'reu. tvicKsliiinr, Mis,, Jiii. 1. A telephones iiicnaue to the Herald from I'ii)elte .ij thit to lieay frelht tialrw on th.i W.oo und Mlsklulppl Valley railroad collided near llayx station, titty mill's sunlit of here nt 0 o'clock tonight, and that wven men ot the tlerht In the cievvn wero hilled, An inpine has left for the fcene ol tho wreck, t'Jirylng doctors. McMillan Succeeds Himself. Ity Exclusive Wire from The Associated I'leta. liiimluir, Mich., Jan. 1, Senator Jsniej McMil lan, of Octtolt, was thli afternoon nominated hy the joint ItepuMlcan caucm of the legislature, which will convene tomorrow in the stale capll.il, to succeed himself, Senator McMillans' rc-clcc. tlon lo his third term In the Miute 'a afaurrd as the legislature ii overwhelmingly ilrp'iMlciii, V 3&2ffliXJ&tZ cases and have been sjnved: but tens of thousands have not yet hoard, und continue to suffer on, dropping Into the grave one by one. Peruna cures catarrh In all stages and varieties, whether acute or chron ic, and Is therefore tho most effective remedy ever devised for retnovlp all the derangements which follow la grippe. Samuel ai. York writes from Union Giove. Ala., tlie following letter: ' Dear Hlr: -Last week I was taken with la gtlppe and catarrhal deafness. 1 wrote you for advice and followed, your directions. After taking two bot tles of Peruna I found myself well of la grippe, and my bearing was fully tcstored. lly health Is better than U has been In live years. "lly wife Improved in health very much after taking Peruna. Samuel II. Yotk." Miss Caroline J. Knhl, Otlsco, Ind., wiltc-s as follows' "Three years I had la grippe and pulmonary trouble. I was very sick. I had hemorrhages of the lungs nearly every day for a year, and three bottles of your Peruna cured me. The doctor said I had consump tion. I am now in bettor health than I have been for many years. "I hlghle lecommend Peruna to nil my neighbors and friends. Peruna Is m'v favotlte medicine. I shall always have Peruna In the house." Miss Caroline J. Knhl. Address tho Peruna Medicine Co.. ot Colunihus, O.. for a free copy of "Win ter Catarrh." which treats ot tho dis cuses peculiar to winter. BICYCLE RACE AT BOSTON. Walthous Comes in Ahead on a Hur ricane Plnlsh. lly r..ulu!ve Wire fiom The Associated Press). Huston, Jan. 1. In a hurricane finish tonight Uobby Walthour again finished first In another day, tho second, in tho slx-duy bicycle race at Park Squaro garden. Flscher'r closing spurt was such a surprise that he caught the other riders napping. Ho had been plodding along behind the bunch when, at the pistol icport for the last mile, he pedalled out into a good lead, mak ing lhi others work hard to overtake him. The day was a quiet ono, with hut few spills. The forced retirement of (tougolts, the sturdy Frenchman, was the cause of much'regret, The men are all in fair shape and riding well. Ilyscr, Accoutilor and Fredericks were the others who quit. RECRUITS FOR THE FAR EAST. Second Provisional Battalion to Be Organzied nt San Francisco. fly Kuliulvs Wire from The Associated Pic.u. San Francisco, Jan. 1. Orders have been received at tlie headquarters of the Military department of California to organize a second provisional, bat talion at the Ptesldlo. The number of recruits In the newly organized camp has Increased to such nn extent that It will Hoon m necessary to organize u leglmeut. Portland, Ole., Jan. 1. Tho United States transport Thyra nulled for Ma nila with r.00 hoises and a carso for the army In Die Philippines. Colorado Fuslonlsts, I n,v i;iluIve Wiro fiom Tlie Associated 1'iccJ, Duivei, L'ol., Jan. 1, At tonight1 eaUiiH ef tlie fiulon mtniherH of the Iccrlslaturc, whlt'li will meet tomorrow, II. I'. Montiioiuiry, of Cripple Creek, wxi atrirrd upon for Sieil,ir h,v 4 vote o ii to '.'7, for Oolpnil ii li-ue, of PoukLw coun ty, Mr. Moiltnomiiy In the leader In, (he ljOii-e of lie fort cis firorlnit TI10111.W M. IMttcfMU lor I'nltiil r-taten senator to succeed Kdvvard O. Wul. tott, Tho lusloiil.ts havu S3 of the ti.1 uiiinlier ot thu lower house. Editor Killed, lly Kxcliiilvo Wlie from The Associated 1'renj. l'llUlniit', ,111, l.-.T. P. Sain, for the put rmveii jean iltj editor of tho Volkshlalt, lhl city, was almost instantly hilled lonlt;ht hy lulutr thrnwn.'tiy a street car, lie wu U viau of ui;o nnd has been connritcd with fjciiiian neutiuper In. this city many jcir. Mr. Piln wait toarilliiR a tar rear Ids home to K" to his. ofilie und In some tvuy was thrown biiknaof, briiklur hi back In the fill.