davidaulloa/AmericanStories huggingface dataset:
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-03-15
Amended Answer.

The amended answer bears practical
~ the same relation 10 the original au-
swer as the amended suggest tlOn does
tc the original suggestions, 1t is as
fellows;
Commonwealth o' PHun,y,y.ni,, ry rl. Juun
. y. .Elhiu, attorney general, ~. James Moir
IN th" tourt o Common Pleas oi LJchIwsuui
County No. ;l0, March Term, lrol
Now Mach T., 1901, the respondent james
Nor, for answer TO the amended Suggestion this
day filed on the part of the Commonwealth by
leave of Court, SAVING and excepting all ohic,.
lions to errors and uncertainties in the said
amendment, answers thereto lS follows:
first-Ihc act referred To, 10 wit: the at
approved March :, 1901, entitled "An Act Tor
the Government OF Cities Of the Second Clas.,"
Is not local or special LEG Station
Socond-'lhe said act hls not more than one
subject, but one single subject, 10 wit, the gov.
eminent Of cities of the second class,
Ilird-Iy the express provisions Of the act
the governor is given power 10 appoint a 20.
corder for each Of thc cities OF the second clas.
who shah serve until the ilst Monday in April
1908, and the governor has 50 appointed tho re.
sPondent recorder lor the city Of Scranton. aud
iae respondent has qualicd as such recorder in
the manner prescribed by the said act.
FoWth-ny the terms OF the SId act :ln
power ot the governor To appoint recorders iur
cities OF the second class was not coupled with
any necessity that suci appointment should be
h. him reported % the senate or confirmed by
the senate. In the abscucc o; such restriction
upon his appointing power with reference 70
a municipal office mt recognized ny the con.
stituton and created solely by Act OF Assembly,
no such restriction and confirmation are re-.
ouired.
fitll-The legislature had full power 10, and
did by said Act Of Assembly, abolish thA Of
flee OF mayor in cities ot the second class. and
the inference contained in ;he paragraph Of the
amended suggestion that the object 4 such
abolition of the Office was 10 create aao.har Of.
nee 20 perform tho slnc duties is denied
Mr.. Burns for ,he relator was the
tirst to De heard. Has contention in
substance was as follows:
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-03-15

The act also violates the constitution
in that it prohibits the removal of an
nppOintcc by the power that appointed
hnl, unless by consent of the an
puintco.' Tho constitution says an an.
pointec shall hold office at the pleasure
of the power thar appointed him.
Judge Kelly How does this affect
the question before us"
Mr. BurnS-if the act is defective in
its essentials or any considerable num-
Der of them, the whole act fails.
In the ordinary hill the rrpealius-
clause simply declares the effect of the
ILL, and does not becOm, n Sdbject. In
this ac, there is Il special repcaIirg
clause, repeating all of the Act of 1897
except the first and second sections.
and at It's end, Is Il general repcalin.
clause, repeating all acts or parts OF
acts inconsistent herewith, Thls
means that there are three subjects i'm
the bill. There have been eiXty-nina
acts for second class cities passed since
1874 HAN of them, We viii say. are
repealed by his clause. suppose so1n
person had a valuable ypStcd right
conferred upon him 10y one of these re-
Tealed acts. woulG he have notice or
the effect IL has on him by The title
OF the act"
The act IL m-Amegican. Il takes
from Scranton the right of government
by its people. We arc 10 be COW
erned by long distance telephone. The
recorder is the creature Of the cover
nor and win do his bidding. II some
one wants Paddy O'Flanerty's place
OF tho street cleaning gang, ana that
some one las = friend who can reach
the governor, the recorder must bounce
pflaberty. The appointed recorder is
not subject TO the win Of the people.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-03-15
About Local Results.

If local results are or may be pro-
duced legislation is void. If James
Moir isn't recorder this suit falls.
Scranton is governed by "a recorder.
PittsburG and Allegheny arc governed
by mayors. Here is a local result,
most palpable one. For tina, matter
who can say the governor will ever
appoint recorders for Pittsburg and
Allegheny?
As soon as We get down to govern-
ing ourselves again. the appointments
by heads of department must be con-
tirmed. During the reign of the ap-
pointed recorder. this confirmation Is
not required. This exemption applies
only To certain persons, chosen in a
certain way. 1t does not apply To the
office. The act is special. in that it
conrers powers and duties ON the ap-
pointed recorder when are not con-
ierred ON the elected recorder. IL is
special in this respect and dcSignedly
So Why should the choice of the gov
olnor be preferred in power and ex-
emptonS to the choice of the people
who pay the taxes?
Article IL of tn" Muchlbronncr bill.
relating tn impeachments. attempts to
confer on courts with a second class
city in their jurisdiction, certain pow
ers not given to courts in districts not
embracing II second class city. This
oifends against the constitutional pro-
| vision regarding uniformity of the
powers of courts. II gives the I.acka-
| wanna court a power not held by the
| neiehboring LuZcrne court. The article
in question says if in the judgment OF
! the court" such and such is the ease.
| this or that shall occur. Is this not a
| judicial function which II attempts
| 10 confer on thc Lackuwanna and Al
| leGhcny courts to the exclusion of all
| others? You can not classify courts by
| an act for the government Of second
| class cities.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-03-15
fractional Politics.

Nr Burns was launching forth into
4 TRADE against the fractional politics
which he saw behind the measure, but
Judge Edwards interrupted him with
request to confne himself to the quo
Warranto question. Mr.. Burns replied
that 1t all had a bearing ON the neces-
sity feature Of his contention. but he
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-03-15
New Term Here.

1t was predicted by the opposition
that we would be as dumb as oysters
on the proposition that there was no
necessity for this change in the form
of government OF second class cities
Ripper" is a new term here but It
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-03-15
MI. Burns Argument,

The Muehlbronner act only purpOrts
10 cover three cities. This violates the
constitution unless the classification
ac; Is made 10 intervene IN its saliva
Nnn. some have the idea that IL you
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-11-03
JOY IN SOUTH MAIN STREET.

IN event happened iii Wichita last
Monday morning that must be taken as
an extraordinary symptom Of the spread
of Wichitas building fever. No evidence
outside of if could be so strikingly in
dicative Of the mania for improvement
The people Of South Main street were
equally pleased and astonishcd TO see q
Few carpenters lay down their tools be-
fore the sway-back old building on the
northwest corner cf Main and Waterman
streets and actually began making i'm
provements on IT, BY Wednesday the
house was newly shiagled. and the
neighbors have some hopes Of seeing q
nainter in the vicinity within a week or
two. For ten years or more that build
ing has been an eye-sore Ia The First
ward. Ii has never had . complete win
dow in il during all that time. IL the
early nineties enc end Of an old porch
fell half way to the ground and remained
that way till this week 4 few sickly trees
have stra gsled desperately for existence
in the front yard. and while they are
still alive they are in a pVecaTious conoi-
lion and may not survive the winter.
People Stunned that side Of the street
l7te at ni-i.t. Tor while the house has
never been absolutely known 20 nave
ghosts in II. yet it bad a haunted and IN
carny appearance. Strange people have
lived IN it-v-auderers. Eypsies and Ar
kausaw psonla- nobody ever knew them
The women always vent barefooted and
never combed their hair. Nobody has
ever seen "A woman living IN The house
that 5sdnt have q young baby IN her
arms. The house never had grown child
rer Sd e, they ali died with pneumonia
or sonething before they became large
enough ID play outdoors More lean and
meas,y h-rsss coulf have been seen IN the
back Promises shan In any other house
in GOWN, mere r.ckety WAGONS and for-
ioTn-iocking dogs Nobody ever thought
the house coc.a De rebuilt and nobody
ever dreamed that * would Next Il f. Is
golGs up orc az che finest and oest-con-
sgructe1 residences ir the CITY All the
E.Ist aa.d N.I r,1ice tha, something
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-11-03
STORM IN The EARLY DAYS.

Wichita had a big storm in the spring
of 1870 1t was a cyclone. but in those
days IT never amounted to anything more
than storm on the prairie, because there
was nothing which could. by resisting it,
demonstrate its appalling force. Not so
with the country east OF here. Eldorado
was quite a settlement then, and the
storm caused great ruin there, wrecking
many houses and killing some people in
the neighborhood. At Peabody there was
a cloudburst, and several persons were
drowned More would have been were
it not for the engineers who were then
building the Santa Fe. They made a
boom out of telegraph poles fastened by
wire, foated it down with the current
Of a creek until ore end Of it was caught
and fastened TO an island made by the
water over this a great many people
walked to safety. on the Little Arkan-
sas bottoms, a mile above where Wichita
now stands. big trees were pulled out
by the roots and carried a distance Of
several hundred yards. There are but few
old-ti.ners in Wichita who Will remember
it.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-11-03
LOCAL CRIMINAL INCIDENTS.

Yesterday reporter for the Eagle
called 10 see and chat with a well known
Wichita man, who remarked that he was
glad TO see his caller. and being in a
talkative humor. said:
"WeH. 1 see that Lombroso has writ
ten an article about Cz0lgosz. so I sup
pose there viii be a revival Of GRIMM
ology By the periodicals, which ex-
hausted the subject a year or two ago.
There has been 50 much said by states
men relative 10 the enactment Of stat
rtes and the amendment Of the constitu-
ton ADEQUATE to meet attempts 10 as
sassinate the president and other high
officials, that il is useless To say more
and we should leave the matter 70 con-
gross TO determine. for the most az as
would be fl favor Of extreme measures;
We would allow our hearts 70 rule our
heads. For instance, know lynching
is wrong. yet under certain circumstance
] fear / should forget that law should be
supreme But 7 was not thinking OF
this. but Of something suggested by il.
its direct opposite. the contrast The
criminoiogist IS IL this country az least.
a theorist. ard people DC not have con
fdence in men who deal purely IN theor-
les. but there IS no doubt rhat criminal
codes could De amended for Jhe bstte-.
as there are assuredIy classes of cri-n-
inals. Nov. there IS in this town q family
o. criminals know every member q
Il TIE father. who is dead was as f-e a
man as you would wish O. meet; i there
was one dishonest hair in bis head no
mar ever discovered IL. the mother is
q eood. conscientious woman. But their
sons are bad Tor The oldest boy Is
q liar. Vii lie without cause. He told
me once thar ~ couldn't help e. TIE
other tzo boys are thieves. and VIII steal
at arg opportunity. some might sag they
have 10 conception 90 morality 5gt that
is not true: they not only know the dif-
ference between right and wrong. but
what Is strange is that they regret thei-
bad acts. Is evsdanced hv confessions
Their case j. pltlahla- Blt what can yoa
doe Nothing: eoudne chem 70 protect So
clety.
You remember that bow who killed
thar httls SRI iu Harper county by beat
ing her head against t-ee7 when he
was 81 saI here he told re thas be was
not sorry for what sc had done. that the
ouiy thing chat worried hlra vas hss irr,-
pris0ameat- What snall We g with such
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-11-03
SNAKE AT WICHITA DEPOT.

Down at the Rock Island depot the
other day occurred a little incident that
afforded quite a good deal OF amusement
for a few people and TO small amount OF
terror for others. A small spotted snake
came out onto the platform and a crowd
Immediately gathered and began tanta-
liking It until one Of Wichita's druggists
happened to see il and then the fun
began. he remarked that ne had never
had EN- and proceeded % put the reptile
IN his pocket. The crowd passed several
uncanny remarks about the fellow who
handled snakes 50 Familiarity. Presently
he came out of the depot and drawing
the snake out Of its resting place in his
pocket he slipped it into an envelope
that had been torn open he remarked
l am going TO give this fellow 10 a
conductor and have some fun Presently
a train came in and conductor recog-
nizing the druggist stepped up TO him
and began talking 20 him when a snake
suddenly showed itself on the arm Of
the conductor. The crowd laughed and
tried TO convince him that he had snakes
in his boots
Judge Tucker is not a hero worship
ping old soldier. He was telling Vermil
Hon Harris Wednesday about all the
great men who we've not great when a
reporter for the Eagle dropped in Tate
General Blunt for instance" said Judge
Tucker. "he ought 10 have been court
martialed and cashiered instead Of being
made a Major General His manage
ment Of the army in Arkansas would
disgrace "A corporal.
John Foreman. the man who started
the town Of FL Reno. told me once that
there were three kinds Of great men.
and only three. The first he said were
men who were born great and you and
I konw that Blunt wasn't that kind The
second are men who achieve greatness
and you and I know that Blunt didn't
ever achieve anything. The third are
men who have greatness thrust upon
them. Blunt was Of that kind. Con-
timing Judge Tucker observed that what
made Blunt great was the fact that he
had good newspaper correspondent in
his stan.
Judge Tucker and General Blunt were
sleeping together at Paola. when a brig
adler generals commission was handed
10 Blunt
1t is a joke said Judge Tucker.
No it isn't" said Blunt. Il know it
isn't mistake, for the appointment was
promised TO me by Jim Lane.
Blunt was a doctor at Paola when he
was appointed a brigadier general
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-11-03
JACK KNEW HIS BUSINESS.

The recent return of Mr.. Harvey Rice
70 this city calls TO mind many Ger true
tales of the olden times-the early days
Of the country. one illustrative of horse
sense versus man knowledge was en-
acted in the late seventies. During that
winter several SHOWS Of unusual depth
and severity occurred. There were not
then many houses between this place
and AIR Rice's home In Union township
and a major part Of the road angled
across level prairies. It so CHANGED that
the Aesdames Anderson. who lived two
miles west Of Harve. together with Mrs
Rice. came 10 Wichita 10 do some winters
shopping. 1t Was finally decided in eau
Gus by the Andorsons and Rices that the
former should furnish one horse and the
vehicle. while the latter was 10 r0ake
out the span and Rice would drive. SO
it fen out that on a bright November
day these four arrived early and three OF
them put in the lay al Richards and Rog-
ers' and at Maurice rohn's. Nothing
is said how air. Rice wbiled away the
Ieaden hours but al last. "as the shades
OF night were falling fast" the snow was
seized with a Ike impulse and down IL
came. at first soft as eiderdown. Then
as the home-bound party neared the big
slough faster and faster fell the beautiful
The aforementioned shades had -feli."
The travellers reached the open prairies
where no longer landmarks guided the
drivers wiidered eye He complained
frequently that "old Jack. one Of the
teah. kept tr9iug 10 pun away from what
should be. Hnrve thought. the proper.
course. After much driving. seeing no
light. no hre. he gave up ne was lost.
hopeIessiy. irretrievably lost. council
u WAYS and means was held and upon the
suggestion Of Mrs G. ". Anderson "old
Jack was given his head. which privi-
leee re used 10 50 good an advantage
that within Tire hour The tired. cold party
found themselves on the Ice eide q the
Anderson home where the sensible horse
belonged Needless 70 narrate that Jack
was heid in high esteem ever sfterward
~ an concerned.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-11-03
HEA DTHAT NEVER WAS PRINTED

Along in the eighties the newspaper
art of flash headline writing was in its
glory in Wichita. All newspaper men
were ambitious to write something strik-
ing in the headline business. a hanging
was soon TO take place. and for a month
before the day fixed for HE event the
newspaper boys were churning their
brains for something that would attract
attention. The man who was sentenced
to be hanged was named David Lemon.
He killed a man named Peter Webster at
FL Reno. Finally one newspaper man
hit on the words Lemon Drops" and
had it set up in type al ready to run it
when the execution took place. He kept
the matter silent from his friends. de-
string that it should be considered not
made-to-order. a few hours before the
time set for the execution. President
Cleveland commuted the sentence Of the
court to imprisonment for life. The man
with the Lemon Drops head went al
most crazy with disappointment, and up
till this day he regrets that Lemon was
not hanged; not because OF any feeling
ing in the matter. but because he last
the headline.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-11-03
AN ARAB NAMED DENNIS FLYNN.

A we'll known old soldier was talking
about war times the other day and told
some things illustrative of the methods
of regimentai organization in New York.
One day an Arab landed there, and
while in his cups was induced to enlist
He was assigned TO Mr.. Devines regi-
ment, which was largely composed of
Irishmen. The Arab joined the regiment
in the field and when the Irishmen saw
him they were amazed His skin was
so dark that they thought he was q negro
and they wondered why he was assigned
to regiment in which sons of the
Emerald Isle predominated. They sought
explanations and were Informed that he
was an Arab. There was some anxiety
to ascertain whether he was a Christian,
and when they found he was not there
was another kick. He was a genuine
Mohamedan, and how to reconcile the
Irish to him was a problem. a COM
promise was made by giving him a name
that was both Irish and Christian instead
OF the name that he had, which was
both horrible and unpronounceable.
Many names were suggested. and when
the final selection was made the Arab
was enrolled as Dennis Flynn, a name
now not without fame in the ron Of the
nation Dennis was made the mascot Of
the regiment. and in the grand review
at Washington. after AppOmattox, he
was dressed up gaily and marched at the
head of the regiment, and provoked
much comment.
John Roach was also Iured into the
army from New York after arriving from
ireland. He was hired in Castle Car
den 70 work on General Grants farm
near Petersburg He found himself in
General Grant army in a few days, and
when he found out where he was at
he accepted his situation philosophically
and made a good soldier.
German immigrant was employed as
a brass dnisher and when he found him
self in General Hamlins brigade he
wanted TO know where he was to do
brass finishing. Somebody pointed to
string of rebel brass gun batteries ana
said: In a few days we expect to at
tack those batteries and finish them"
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-11-03
DAN wHELAN A VETERAN.

Dan F. Whelan. the Oldest travelling
man coming TO Wichita, was here dur
ing the week He is les sthan 60 but he
has been coming to Wichita for twenty
nine years. making his first trip here
in a stage-coach. Mr.. Whelan began his
dry goods career when eight years Of
age and was a travelling man at 1s He
is now with the Hargadine-MoK ittrick
dry goods company and FOR years with
Samuel c. Davis. He and Jack Muihan
OF Oklahoma were boys together and used
TO play baseball on the st. Louis com
mons before big commercial houses were
bunded upon them. He takes care Of the
Kansas trade for his company.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-11-03
AN IwPERIoUs CUSTOMER

Inc other day Mis- TifH AZ Goldsmith 3
was busy r. the rear - The ztore. zhen
she heard a loud raDpirg from an iupat-
icnt customer iu fronf she Went forzars
and found large woman there who SAID
lmpercesiF
do you sefi POSTAGE stsrnrrT~
1--WE have than card Hfss FTfff wezrfIr
'Tu take tao ceat one. SAID me
woman
Nlss Han hau9ed ruf the postage STAMP
VIII George Warhinrtpn head on r.
r. this the ONLY KIDD yea s9ssT
sTer
~Wsil 7 vant ,hs late ssitioa. with
picture On IT, I'll - elseshcre
Ard Miss Hiu vas - rfunnes ,hat -
eidrt th,uk q ths near thlaEs are
wanted q say untn the caston,sr va
gene
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-11-03

sources think they have a hard time.
bat their troubles are light compared
with The ambitious youth OF a quarter
Of q century ago. one OF Wichita's best
known professional men paid Tor his
college training IN an unique manner.
He studied hard all week and put in Sat
urday catching buIlfrogs for the St Louis
market Upon the builfrogs depended his
education and he was conscious OF the
fact that he had TO hustle. He determin-
ed catch s. worth Of buIIfross every
Saturday and he never missed the
amount until ne secured his diploma He
had 10 keep hunting them far into many
Sundays before MS s was IN sight.
He operated in the Missouri river bot
toms where there were many stumps OF
trees. and he says that from that day,
even on Douglas avenue he steps high
from force Of habit
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-11-03

gether and both women are never separ-
ated. Wilbur Sites never made a dol
lar that J. F. didn't make dollar too
and vice versa. They are probably IS
years Of age and if each counted Up his
earthly possession it would be safe to
bet that one of them would not ind him
self ten cents better of than the other.
They live in the same house. worship at
the same church and their interests are
Joined in every way. They cut the.
hair simultaneously and wear boards
just alike. Their suits, shirts, neckties.
and hats are all the same size and color.
Their shoes wear out the same day and
it is calculated by their friends that they
take the same number of stems each
day. Certain it is that when Wilbur rose
one morning he saw a gray hair in his
brothers beard. The brother saw the
gray hair in precisely the same place in
Wilhur's beard. Tell them q joke and
they see the point with one ear and
with one mind, and they VIII laugh at
it simultaneously. They were witnesses
in a case once and they both gave che
same testimony, word for word, which
proves that impressions made in she
mind of one is duplicated in the mind
OF the other. They do not always set
sick together, however. Fourteen OF IL
teen years ago Wilbur was on the regular
jury panel Of the district court and
attended regularly until one day was
indisposed. He didn't feel ike attend
ing that day and it IS related that his
brother volunteered to take his place
lie was never questioned because there
was nobody in the district court-judge
suspected for moment the change. When
the sick brother got well he resumed his
brothers place on the panel and nobody
was the wiser for several years there
after. One Of the Mrs. Sites was a
teacher in the little school house out
near Robert Cooks. She was attacked
by a fever once and was confined to her
room for several days. Her sister took
her place and not a pupil in the school
knew of the substitution. The intfmates
of the twin family tell some interesting
stories about them. Both men and both
women are most excellent people and
everybody who knows them collectively,
for no one knows them individually, are
their friends.