The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-07-02
PITTSTON.

DOwoll whose tenure tOr the ensuing
three years ia thereby judicially con
6rmed The opinion is II most import
ant one as 1t disposea of a question con
cernipg the constitutionality of the act
Of 1898 extending the terms of tax col
lectors to three years. and the repeal
ing of the act of 1871. under which the
president judge has since that time ap-
pointed tax receivers for Pittston bo'
rough, another question WAS raised by
McDonnells counsel Involving the con-
stitutionality of the act of 1871. The
commonwealth also contended that the
act of 1898 is local and special legisla-
tion, IN that 1t applies to
townships and boroughs and there
fore violates the constitution.
Considering the latter question, the
court decides that the act of 1888 hav-
ing been declared constitutional by the
supreme court the act Of 1893, which
il practically transcript OF the first
ssction of the act of 1888, except 10
the term of tax collectors, cannot he
thereby made unconstitutional. Uaon
the question whether the act OF 1875
rel calls that part of the fourth section
OF the act of 1861 which empowers the
president judge to appoint n receiver
of taxes, the court says "lt it does
not it certainly should do So \
The act of 1898 provides that the
qualified voters of every borough
and township in the common
wealth shall on the third Tuesday OF
February after the passage OF this act,
and triennially thereafter, vote for and
elect one properly qualified person for
tax collector in eacn of said districts,
who shall serve for tho term of three
years; and that all acts and parts OF
acts inconsistent herewith are hereby
repealed" Tue court adds; II deem
it necessary 10 refer, in this cOnnec-
tion, to but one authority. which ap-
pears to me to be apt and conclusive on
both the constitutiouality Of the
fourth section of the act Of 1871, and
as to whether it is in conflict or incOG-
sistent with the act of 1893. l refer
10 Quinn v. Count, Of Cumberland,
opinion of the court by Green, D.,
May 90, 1894. We are of
opinion, therefore, that the act of 1893,
being general law to make uniform
the election and term of Office of tax
collectors in all the borOughs and town.
ehips of the common wealth, Is actually
Inconsistent with that part of the fourth
section of the act of 1871, which au-
thorizss the president judge of the
courts of Luzerne county to appoint a
person to be denominated receiver OF
taxes, to serve for one year, and was
to repeal that part Of said section. 1t
is not deemed necessary to consider
the other question raised by the plead
ings to wit: whether the fourth sec
tion of the act of 1871 otfends against
Article 8. section s, of the consti
ton of 1888 az amended in 1861" Sew
eral references, however. are given on
this point the opinion concluding by
entering judgment for the defendant
on the demurrer and ordering payment
of costs by the county. G. Il. Bohar
was attorney for Mr.. Donu'll, Ae1
Farnham for Mr.. Young, District At
torney Garman for the commonwealth
and Joseph Moore for the county. TC
Mr.. Bohan much credit is being giver
for the able manner in which ht
handled, and finally accomplished wha
has been for the last twenty three
years a question of doubt concerning
the constltutionality of the act of 1871
it is quiet probable that there will
be no observance Of the Fourth of July
in this place other than the picnic o
St. Johns church congregation at Or
egop grove. 1t 10 be deplored tina
Pittston's patriotism does not effervesct
to greater extent. There is no gooC
reason why, as town, her peopl
should have to 90 out Of town for VIVA
could, with little effort, be provide,
for their amusement at home, But i
was with few exception ever thus.
The town council will meet in spec
ial session in the town hall this even
ing 10 consider postponed business.
The Leek Cornet band will give Al
open air concert this evening, on Ell
trich's veranda.
William Johns. aged i6 years and
months, son OF Mr.. and Mrs. JON
Johns, of William street, VINO was in
iured at No. 10 shaft about ten day
ago by being burned, died Mt the hos
pital Friday afternoon. The funera
took place yesterday afternoon. Ser
vices were held in the Methodist Epis
copal church at 8 30 o'clock. Intermen
in Pittston cemetery.
John Gillen. aged 2S years, employe
as q laborsr in No Barnum shaft, wa
instantly killed Saturday about moo
by a fall of rock. His wife died abor
year ago. 1t was to be his last day
work in the mines. AZ no intended
leave for Chicago this week to join hi
two orphan children.
Saturday ended the first quarter o
three months cares as postmaster of I,
II. Mullin, and considering the Con
stantly growing business of the oiiic
he is feeling extremely happy.
Thomas Judge. Lehigh Valley COZ
ductor, was struck on the heal with
coupling pin Ivy john Jennings, CO
ored lad. at Coxton, Friday afternoon
and WAS rendered unconscious by tn
blow, He is convalescent and hope
now entertained for his speedy recol
cry.
Two rigs, one driven hy Harl
Schooley the other by Jules Watterso
going in opposite directions, collide
on North Main street yesterday afte,
noon. The wheel OF Ne. Watterson
rig was torn off. The wagon In while
was Mr. Watterson and his two chi
dren were precipitated to the groun
Blanche. the eldest. was thrown und
the wheels of MIR. Schooley's carriaI
and run over, but fortunately she e
capped injury, The damage was nmici
, bly, settled between both parties
In the twelfth annual meet Of t
League OF American Wheelmen of 81
, Pennsylvania division, which TAX
place today and tomorrow at W.
, Side park. WilKes-Barre, the followir
, persons from this place have enter
: Ia the one mile Luzsrne couI
, ty championship. prize solid go
watch, j. o, Smith and George
, Stroh. In the one.hslf mile sla
r championship race, prize a dismol
| medal, Il L. Van Valkenburg Al
+; George H. StIoh In the two m
n | haudirsD class A nrize "A Sb0 ailv