The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-01-12

Wilkes -Barre's famous Salvation Ar
my case was among those argued be-
fore the superior court yesterday. At
torney Agib Ricketts, appeared for the
army and City Solicitor Charles F.
McHugh for the city.
The army officers sought a permit
from the mayor to hold their meetings
on the square and play their drums
during the meetings. The mayor de-
clined to grant any permit, but 1t ap-
pears gave them to understand that rs
long as they did not violate the city
ordinance arainst nuisances they
would not be disturbed. The army
proceeded to hold their meetings and
beat their drums. Later the Volunteers
Of America appeareL upon the scene,
and, taking up position on the oppo-
site side of the square, proceeded to
also hold meetings with bass drum ac-
compartment.
Complaints poured in from the busl-
ness men and residents of the square,
and finally formal complaint was made
agains the army, which it appears was
the chief offender. The commander
Ensign Joseph >iarabel, was arrested
and at hearing before Mayor +. NJ.
Nichols, fined So and costs. The judg
ment Of the mayor was appealed from and
tie matter presented for adjudication
TO Judge Stanley j. Woodward in the
form of the case stated. The army peo-
pie contendcd that the city ordinance
was unconstitutional and 1t was in
violation of the Fourteenth amend
lnent and section 3, act /, of the con-
stitutiOn of Pennsylvania, which SUBJ
stantially, makes a similar guarantee
as the federal freedom of conscience"
clause. 1t was also held that the or
dinance was enforced against the army
while minstrel shows, organ grinders,
circuses, hockey pokey ice cream men,
base ball team and such like organiza-
tions We're not brought under It's oper-
ations.
WEIGHTY ARGUMENT.
Mr.. Ricketts, quoted no end of scrip
lure in support of his position before
Judge Woodward. The Judge in his
opinion takes occasion to also go into
the Book Of Books and after saying
that lit does not seem clear to us that
the beating of bass drum is a neces-
sary part of divine worship" goes on
to quote from Paul: Put them in
mind to be subject to principalities
and powers. to obey magistrates .
=" and from Peter: Submit yourself
to every ordinance Of man g."
also from Romans 10: I: "The powers
that be are ordained by God"
Judge Woodward decided that the
city ordinance was constitutional and
upheld the mayors action in every re-
spect. From this decision the appeal
to the superior court was taken.
In his argument yesterday, Mr.. Rick
etts reiterated his contention outlined
above and proceeded to make an elab-
crate defense of the armys action.
Christ, he said, told his disciples to
go forth and preach in the highways
and byways. Paul, Peter, James and
John did this and we cannonize them
The Salvation Army essays to do like
wise and we stracize them. Ancient
Rome and modern Wilkes Barre are
alike in this manner of treating Christs
disciples.
Judge Rice interrupted Mr.. Ricketts,
with the suggestion that he need not
defend the Salvation Army's work be-
fore the superior court.
Thanks. That's a relief" said Mr.
Ricketts,, Il am glad your honors ap-
preciate them. Wilkes-Barr doesn't"
In commenting upon Judge Wood
wards opinion that the drum is not an
instrument OF salvation, Mr.. Ricketts,
quoted extensively froI the scriptures
making his own translations of the
Hebrew or Greek as the occasion de-
manded. to show that the drum was
very much an instrun ent of worship
means drum or tambourine, and, that,
the Hebrews "tCph," which is trans
lated variously as cmybal and drum
means drum or tambourine. and, that,
very frequently, Where "c"mbal" an
pears in the ~lcdern translations is
should appear drum" or "tambour-
ine."
A DEVIL ALSO.
In answer to JudPe Woodward's 9
scriptural quotations. Mr.. Ricketts, con-
tended himself with Shakespeare's
"Hark you, Bassanlo; the devil can
quote scripture for his purpose.
In conclusion he said: I'VE SUBJ
NIT that the ordinance in question
hcie' 10 at Variance IN the federal
constitution, because instead of pro-
tecting the citizen y an equal law. II
places him in position wholly unpro-
tected against the mere arbitrary and
uncontrolled will of a single indlyidual
And that it is at variance with the
state constitution, because it places the
matters of liberty of conscience and
preferences as to modes Of worship
in the same unprotected situation"
City Solicitor McHugh contented him
self with brief argument against the
base drum being a fitting means Of
communion between worshipper and
his deity, and making the claim that
the drum In the case was analogous 20
a church bells or chimes, quoting a de-
clsion of the Pennsylvania supreme
court sustaining an Injunction against
the ringing of the chimes of St. Marks
church, Philadelphia. when the neigh
borhood complained of them as a nui-
sarce. He then entered into a defense
OF the city ordinance and q justifica-
tion of Mayor Nichols action, citing
the complaints that had been made
against the noise OF the drums of the
rival" armies, and especially the com
plaint of the members of the Law H.
brary association, which has it's head
quarters on the public square.
The case of Giles stanton against
the Scranton Traction company, an
pellant, was argued by Hannah and
Welles, representing the appeal and
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