Democrat and Chronicle from Rochester, New York • Page 10

ROCHESTER DEMOCRAT ATSTD CimONICLE: WEDNESDAY. 31 ARCH 7, 1894. 1() when the constitution was adortPi nrdinarr 1n.ll. lni 1 be POWER OF ELECTRICITY. NEW ADVEimSEMEXTS.

SIDE JUSTICES' POWERS TEW APVERTIHE3IENTS, aii'i wh ph Kiucf irs adoption ha been courts. Is a valid exercise IimI' th under the constitution. It in any just sense executive ns they have been he practiced from the earliest tim to suspend fliudginer.t during K' hehMvw" understood as litlon SIBLEY, LINDSAY BLACK SILK TRIMMING LUCES, SPECIAL This morning upwards of six Trimming- Laces eo on counters This may seem strange just at at thousand yards of Black Silk iust about half price. laces are to be the greatest demand. It would be impossible to make such offers on laces purchased through ordinary channels.

These are a lot which we closed out from a New York importer. It's a wonderful chance for the nublic. This is the sum total Black widths of from one to eighteen inches, at from 3c to 75c a yard. Some particulars: Narrow black silk trimming 4 and 5-inch black silk and 19c. 7-inch black silk trimming laces, which would be cheap at the opening of a season when Silk Trimming Laces, in laces, from 3c to 10c a yard.

trimming laces, 12 l-2c, 17c Bourdon laces, much of which 39c and 50c a yard. laces, such as we have sold at Showing Spring Styles in and Capes. Maco yarn, with high spliced heels, A good every day stocking for 37c, but as we only nave one size, No. 9, the pop ular number, they will be sold at 25c a pair. ENGRAVING.

Is it a calling card, a business card, or anything else in the engraving line which is want ed, call at the Stationery Department and inspect samples. We will leave you to be the judge as to the grade of work and the reasonableness of prices, WORLD'S FAIR PORTFOLIOS. No coupons and 5c secures the first number of "The Great White City at the Book Department. 1 ine series is to be completed in ten numbers. The portfolio speaks for itself.

Each part contains 16 beauti ful photo engravings with a lull description oi every picture. Orders for the first number must be given at once. INTERNATIONAL ATLAS. $1.33 secures the International Family and Office Atlas of the World. This work contains over 250 maps, engraved irom new plates; gives complete and and latest census reports and much valuable statistical mat- ter.

It is the best atlas for the money on the market to-day. 65c, for 25c a yard. 14-inch black silk net top would be good value at $1.25, for 14-inch black silk chantilly $1.10, for 50c a yard. In the Cloak Room We are Ladies', Jackets LADIES' SILK VESTS. Seldom has the knit underwear counter contained so many lines of the finer grades cf ladies' garments as at present.

They are selling too at remarkably low prices. Catch the idea of the way silk vests are going from these two items. Ladies' swiss ribbed silk vests in sky-blue and pink, 37 l-2c. Ladies' imported Kichelieu ribbed pure silk vests, in black, cream, canary, sky-blue and other shades, vests which are sold in New York to-day at SI, for 75c. HOSIERY.

Genuine values every one, quite beyond the ordinary Hosiery list. One case of children's black cotton hose, sizes 6 to 8 1-2, three pairs for 25c. One case of children's one and one ribbed, seamless, fast black cotton hese, extra fine quality, 10c a pair. Children's extra quality, two thread, seamless, black cotton hose, 16c a pair, three pairs for 45c. Boys' strong, fancy ribbed, seamless, black, cotton hose, with double knees, 20c a pair, three pairs for 50c.

Ladies' fancy striped, full regular made, imported cotton hose, 10c a pair. One case of ladies' genuine two-thread, fast black, seam- less, cotton hose, made of pure 1 Court of Appeals Decision in the Famous Attridge Case. AN OPINION BY O'BRIEN Legislative Amendment Conferring Powers of Suspending Sentence UpheldInherent in the Courts Under Common Law. The decision of the court of appeals In the case of the I'eople against John Attridge, ia which the power of the court to suspend sen tence was called into ipiestiou, as it will be remembered, reversed the decision of the In mediate courts. The opinion In the case was written by Judge O'Brien, all the judges concurring.

The opinion follows: The question presented by this appeal Is novel and important, 'i lie supreme court has by mandamus commanded tne court of ses sions to proceed to judgment in a criminal case and Vr pass sentence upon the defendant nuer conviction. The power of the court to Kraut the writ under the circumstances disclosed by the record is denied. Ou the 4th of March. John Attridge was convicted in the court of sessions of Mon roe county, composed of the county Judge and two justices of sessions, upon his own lea of guilty of the crime of grand larceny the second decree. The defend-int was a clerk in a mercantile firm and the offense con- I sistcd of the appropriation to his own use a snin of money which belonged to his em ployers, and which came to his possession or uirder his charge by virtue of his employment, 'ibere was supposed to be certain mitigating circumstances connected with the transaction growiug out of his youtn, previous good character and otherwise, that were presented to the court through a petition signed by numerous respectable citizens, who prayed that his sentence be suspended.

Three days after the conviction he was brought before the court, and the county judge presiding sentenced him imprisonment. The two justices of sessions dissented and announced as the judgment of court that sentence he suspended. The defendant was remanded to the custody the slieriiY, but discharged soon after from the commitment upon habeas corpus, granted by a justice of the supreme court holding a court of oyer and terminer, on the ground tnat the sentence pronounced by the county judge, not having been concurred iu bv a rna of the court, was illegal. He was, however, remanded to the custody of the to end that the court of sessions might pronounce a legal sentence in the case. He again brought before that court on 14tU of March, and the judgment thereupon given that the sentence be suspended di ling good behavior.

The county judge dissented, and the defendant was thereupon discharged from custody. On the 27th of Julie following, the supreme court, at special term, upon the application of the district attorney, granted a peremptory writ of mandamus commanding the court of sessions to proceed to judgment and to sentence the defendant to the punishment prescribed by law. The order granting the writ has been affirmed at the giieral term. ine precise question involved, therefore. Is the power of a court of record, possessing jurisdiction iu criminal cckcs, to suspend jedgmeut after -onviction.

The court of sessions is a court possessing superior criminal jurisdiction and common-law powers. (I'eople vs. Rradner, 197 X. 1.) It possesses all the powers formerly exercised by superior courts of criminal jurisdiction iu England, except so far as these powers have been changed or abrogated by statute. There can, 1 think, be no doubt that the power to suspend sentence after conviction was inherent to all such courts at common law.

The practice had its origin in the hardships resulting from peculiar rules of criminal procedure, when the court had no power to grant a new trial, either upon the same or additional evidence, and the verdict was not reviewable upon the facts by any higher courts. The power as thus exercised is de scribed In this language by Lord Hale: "Some times the judge reprieves before judgment, as where he is not satisfied with the verdict, or the evidence is uncertain, or the indictment is insufficient, or doubtful whether within clergy. Also when favorable or extenuating circumstances appear, and when youths are convicted of their first offense. And these arbitrary reprieves may be granted or taken off by the justices of gaol delivery, although their sessions be adjourned or finished, and this by reason of common usage. (2 Hale P.

C. ch. DS, p. 412.) This power belonged of common right to every tribunal Invested with authority to award execution in a criminal case. (1 Chltty Cr.

L. 1st ed. 017. 7oS.) Without attempting to collate all the authorities on the subject, it is sufficient to say that the pow er to suspend sentence at law is asserted by writers of acknowledged authority on criminal jurisprudence, by the uniform practice of the courts and numerous adjudged cases. 12 Hawk, P.

O. ch. 51, section 1 Bishop's Cr. section 1,124: 4 Rl. Com.

ch. 31; People vs. Graves, 31 3S2; People vs. Whipple, 0 Carnal vs. I'eople.

1 Park Crim. 202, Commonwealth s. Dowdiean. 115 130: State vs. Addy, 14 Vroom.

114; Weaver vs. People, 33 2U7: I'eople vs. Riley, 53 2(i; Sylvester vs. State, 65 N. R3.) The courts below were of the opinion that section twelve of the penal code deprives the court of all cases of any discretion with respect to the imposition of punishment prescribed by law.

The language of that sec- tiou is as follows: The several sections of this code which declare certain crimes to be punishable as therein mentioned, devolve a duty upon the court authorized to pass sen tence to impose the punishment prescribed." This provision is declaratory of 'the law as it always existed, for it was always the duty of the court to impose the punishment upon conviction; but tins duty was never supposed to be inconsistent with tne power to suspend the judgment till the next term of the court or indefinitely. Since the granting of the writ in this case the above section of the penal code has been amended by chapter 279 of the laws of by adding to it these words: Hut such court mat, in its discre tion, suspend sentence during the good be havior of the person convicted, where the maximum term of imprisonment prescribed by law does not exceed ten years, and such person has never before been convicted of a felony." It is admitted by the learned dis trict attorney that this amendment, though passed since the writ in this case was directed by the order, is applicable to this case, as the defendant in the indictment hns not vet been sentenced, aud. if brought before the court for that purpose, pursuant to the command of the writ, sentence mav be suspended if the enactment is valid. He meets this Qiniculty however, by strenuously insisting that the amendment encroaches upon the power of the governor to grant reprieves and pardons, which is exclusively vested in him under the state constitution. (Con.

art. 4. section 5.) There can be no doubt that if the amendment distributes any part of the pardoning power conferred upon the executive to some other department of the government, the legislation is in conflict with the constitution "and invalid. The power to suspend sentence and the power to grant reprieves and pardons, as understood wlut the constitution was f.dojut d. was tot Illy distinct and different in their origin and nature.

The former was al ways a part of the judicial power. The latter was always a part of the executive power. The suspension of the sentence simply postpones the judgment of the court temporarily or indefinitely, but the conviction and liability following it and all civil disabilities remain and become operative when judgment is rendered. pardon readies both the punishment prescribed for the offense, ami the guilt of the offender. It releases the punishment and Idots out of existence the guilt, Si that in the eye of the law the offender is as innocent as if he had never committed the offense.

It removes the penalties and dis abilities nnd restores bin. To all ids civil rights. It makes him. as it were, a new man, and gives Mini a new Tedlt fin 1 capacity. Illx parte Garland, 4 Wall, 331; V.

S. vs. Klein. 13 id, 12S; Knate vs. U.

93 U. 119.) a 1894. I BICYCLES ROCHESTER MODEL WEluriT 20 POUNDS. PRICE $125. LADIES' ROCHESTER, Weight 30 lbs PRICE $125.

First-class repairing at reasonable prices. Bargains in second-hand wheels. SWAN RACERS, $49. Some cheap wheels not our own make. Rochester Cycle Mfg.

Co. 75 South St. Paul St. DISCOVERY that new Ross-Lewin's wall papers cost no more than back numbers is an every day experience. So, also, the fact that the designs are unique and the variety unlimited.

ROSSLEWIN, 40 State Street. USTo. 1104. REPORT OF THE CONDITION OF THE TRADERS NATIONAL BANK, 4 ROCHESTER IN THE STATE OF NEW York, at the close of business Fehrnnrv! 1894 RESOURCES. Loans nnd Discounts Overdrafts Pn mium on United States Honda U.

S. Honda to secure circulation. 88 12.200 Ou 2:1 OH) On 250,000 00 I Real estate 1U8.115 00 Due from approved Reserve Agents til Due from other National Ranks 35,014 25 Due from State Ranks and Bankers. Checks and other cash items Exchanges for Clearing- House S21.756 60 Bills of other banks 5,750 00 Nickels and cents I.tiHd 07 Specie 100,070 00 Legal Tender Notes 31.551 00 19.023 05 3,2 iM 163,815 67 Redemption fund with IT. S.

Treasurer, (5 per cent, of circulation) 11,250 00 Total 3,301,336 12 LIABILITIES. Capital Stock paid in 250,000 00 Surplus fmu' 650,000 00 Undivided Profits net National llank Notes Deposits subject to check 15 64 Certificates of deposit 361. S38 89 Certified Cheek3 4,451 63 Cashier's Checks 182 72 46,573 84 00 2,000,918 88 122,248 5'.) 70,004 71 Due to other National Ranks Due to State Ranks and Total 23,364,830 12 State ok New York, County of Monkoe, ss: Hour j- C. Rrewster, Cashier of the above named bank, do solemnly swear that the 11 hove statement is true to tho best of my knowledge and belief. HENRY C.

BREWSTER. Cashier. Subscribed and sworn to before me this 6th day of March. C. E.

Rowes, Notary Tublic. Correct Attest: SIMON L. BREWSTER, U. D. McALPINE, GEO.

C. RL'ELL. L. HIGINBOTHAM, ENGRAVER. Removed to F.

To line 15v a I ol 130. a Professor Forbes Talks About the Motor and Storage Battery. Trofessor Forbes lectured last evening In Free Academy Hall on the transmission of electrical energy to the motor and its reappearance as mechanical energy. The speaker said In lutrodjelng his subject that the greatest engineering problem of to-day w.s, "I5y what means may the energy found In nature be expended In the most economical nianuei lie said that there Is two kinds of energy In nature, potential and kinetic. Potential energy was stored, as In coal mines, while kinetic energy was in action as found in waterfalls.

Kinetic energy was transmitted, over wires lu electricity. The speaker said that' for long distances the electrical transmission of energy was the most economical. Currents of high potential were most easily transmitted and the expense of conducting materials depended upon the potential. If the voltage is increased, altnongn the power Is the same, less weight of wire is needed for conducting purposes. Ur.

Forbes next talked about electrical motors and made practical experiments showing their operation. The speaker said that the electrical motor was a dynamo reversed in its operation. This statement was illustrated by the proper appliances. The lecturer next explained and illustrated the mechanisms employed in such electrical devices as the electric bell, appliances for lighting gas by an electric spark, etc. The lecture concluded with a demonstration of the fundamental principles underlying the propulsion of electric cars illustrated by ciagram.

The general arrangement of the plant systems now in use was shown. A new course of ten lectures on electricity will be given by Dr. Forbes on Tuesday evenings, beginning March 20lh, if enough persons desire. Names should be sent in at once to J. E.

Whitney, secretary, Iirackett house building. CUTTING DOWN THE POLES. The Work is Going Forward Slowly, But the Giants Come Down. The telegraph and electric light wire poles on the principal streets of the city are being removed on the installment plan. Yesterday- afterroon the top of one of the tall poles in East Main street near the Four Corners was sawed off.

About half of the pole will be allowed to remain standing for some time as a street railway span wire is fastened to it. When the railway company gets time to move the fastening of the span wire the remainder of the pole will be removed. The Western Union company now has only a few poles standing in Main street. The work of removing several from Exchange street has just been finished. Several more electric light poles will be removed from Main street within a few weeks.

Connections in the underground conduits are being made as rapidly as pos sible, and when the work is completed more of the big sticks can be pulled down Tho work of taking down poles near the Four Corners has progressed so slowly that people hardly realize how much has been done. If all of the old poles and wires were to be replaced some night they would notice a big difference in the morn ing. Want to Sell. Applications for licenses have been made to the excise board as follows: F. llil-dahm, Hudson and Ilennting streets; Louis J.

Kiserman, No. t05 Plymouth avenue; Adam No. 97 Sherman street; "Wend el Kramer, No. 1,047 South Clinton street; Albert Kyle. No.

232 Lyell avenue; Bunap Brown, No. 15l West avenue; W. II. Carrington, No. 42 Mumford street; John O'Connor, No.

34 Anderson avenue; Caney Thomas, No. 17 West Main street; L. J. Eiserrnan, No. COG Tlymouth avenue; James Dun, Orchard and "Lime streets; J.

F. Boyd. Lake and Driving Park avenues; J. TV. Wieder, No.

43 Grand street; Ernrt Gruenemey, No. 179 Seio street; McCarthy Block, No. 3G Exchange street; W. Kaiter. No.

201 Mill street; Ellis Itathburn, No. 40 South St. Paul street; Schaefer Brothers, No. 7G South St. Paul street.

Another Unhappy Marriage. "When about seven years aso Henry Miller settled a case in the municipal court brought against him for the support of a child born out of wedlock, of which it was alleged ho was the father, he settled the matter by marrying the girl. The couple almost immediately separated, however, and Mrs. Miller went to live with a man in the country as his housekeeper. A few days ago she commenced an action against her husband for non-support, and now ho retaliates by suing for a divorce, alleging unfaithfulness on the part of his wife, and naming as co-respondents two men in this city.

He also alleges that her relations with the man with whom she was living were of an improper nature. Miller is in the employ of the American brewery of this city. His attorney is L. II. Jack.

The Wife Defendant Now. Joseph Rngan proposes to turn the tables on his wife, who. a short time since, commenced an action against him for divorce on the usual grounds. Through his attorneys, Messrs. Chamberlain Page, he has put In an answer to tho complaint of his wife, Cora Itagan.

iu which he denies the allegation of undue intimacy with Maud Ward, as charged, and sets up the counter charge of unfaithfulness ou his wife's part, naming as co-respondents Freeman Danford aud Walter Green, of this city. He asks that his wife's M'tnion be denied, and that he lie given an absolute divorce. The parties lived on Par-sells avenue. L. II.

Jack is Mrs. Ragans attorney. Glass Sam and His Delicacies. Sam Harrison, the human ostrich," of glass-eating fame is going to give another exhibition in this city for the benefit of the physicians. The members of the Pathological Society have become interested in the feats which he claims ho can perform, and they have arranged for him to dine off his dainties in their presence at the meeting of their society Thursday evening, March l.ith.

Hie meeting will be held nt the Chamber of Commerce rooms. Sam's menu will include glass, nails, screws, tacks and knife-blades. The latter will bj served as a relish. Dr. Pattison on Lincoln.

Rev. Dr. T. Harwood Pattison last evening delivered his lecture on Abraham Lin coin lx-fore- a large audience at the Lake Avenue ltaptist Church. Dr.

l'aitison pni 1 a glowing tribute to the martyred president. Previous to the lecture the pupils of Professor Leach, appeared in a musical programme. "The best sugar-cured ham" in the United Spates is jnade in Cleveland by The Cleveland Provision and called tln Hose 1 1 a 111. All their hogs am in-spcoted by the United States government. Uvtry ham is branded on the with the cut of a rose ami tin rds Il'we Inspector" in a circle.

Harry Chapman's for picture frames. No. SiOSoutli St. I 'a ul street. Law cases, briefs, blanks, quickly and accurately printed nt the Deuaoerat and Chronicle job department.

tel I in of to of made in city or country at the lowest prices liy H. CRAFTS, Civil Engineer, 21 Reynolds Arcade, City. I WISH TOANNOUNCE my friends that the 1 a-tncrstiip heretofore existing- between in sou and self has been mutually disolve.l. ithd that I hsive opened the store at 07 I.vell avi nuo, with a t'uil and select of Confectionery. Oflfan.

Fruits. Notions, ere, nnd s.iall alto serve Ice Cream in its season. courteous treatment, square deal.ng and the light go. ids at to suit all, 1 hope to merit share of the people's patronage. VM.

HAKMON. HORSES. HORSES. fi Now is the tl-ne to buy them, i arioaa extra Ohio horses arrived February 2H, makirg ttecai suit you whether it le a roaastei driver, sandier, draft or farm team. Come and wns.

AYo open our Spring Auction Pales to-dav, Wednesday, March 7th. at 1 o'clock sharp. "'S3 Lave avenue. (iEO. UAXTKL'S SONS.

WHEELER WILSON, PAWNBROKERS. 89 EAST MAIN ST. SECURITY PAWN OFFICE. 27 FRONT ST. WHEELER WILSON, Proprietors.

UNCLE GEORGE'S PAWN SHOP 15-17 East Main St. DRS. BEEBE SMITH (THE NEW YORK SPECIALISTS,) Treat chronic disease of both sex. It matters not what your disease may be, fro and be examined free. If your dis-ase is curable they will treat vou.

it inciiiabie tney win an vise you. Office 107 State Street, Rochester, N. Y. OUR SUITS Are not as expensive ns LAW St'ITS, but they last just as long-. Leave your measure now for stylish Faster outfit.

W9 liO WEoT (ViAiN tT. FURNITURE MOVERS Furniture Hoved, Packed and Stored by Orders taken at Erie office, 12 Exchange street, or House, 8 Thompson street. Telephone 367 or 643. FOR SALE At a Bargain. Small payment.

Balance on time. Four houses on East Side, Three houses on West Side, Three cottages at Charlotte, Two farms, one lot. TO RENT Two Houses on East Side, Three cottages at Charlotte. Yerkes Burgess, 134-135 Powers BTk. -SALES OF BIG FLOUR Constantly Increasing.

No better evidence of the pop ularity of this celebrated Hour id wanted. All the lead'n Flour Dealers and Grocers sell it. FLOUR TELEPHONE na. lOOT OF BUOVfN SX. 2 Cans, 52c.

Havina: sold this same brand for several year3 we do not offer it to the public as an experiment, but we say that there is nothing better packed at any price. $2.80 per Case of 2 dozen cans. BOLLARD BROS. 157 E. MAIN ST.

BUSBY'S GLOVES. The In st, cheapest, most durable. assort ment and everybody satisfied with Huly's Gloves nt Front Nivct Store and Glove Factory. Driving- Glove and Guwtitlctsa specialty. Roi-irijf Gloves, etc.

Send for catalogue. EYES EXAMINED PEEE Take care of them, they are priceless. Lenses ground to remedy nil defects of tho eyes while you 1 it. L. L.

MINCER, Mfg. Optician Over o7 Luat Main su I BIG I Sandy River Sweet Corn, j. tv the compliance with would he absolutely relieved from ishment and freed from the power LPT court to pass sentence. i 1 11 I I tl ,1... doubt.

The legislature cannot author vl court to abdicate their own power, LI or to bind their own hands in sn.h a the according to the discretion of the eon made dependent upon compliance with In condition that would re.pnre the cmirt question of fact before It 1 JP the judgment which the law prescribe, "it statute miiHt not he un.lersf a conf. i any new power. The court ruav s.nr,,., fence as before, but it can do noM.i, elude itself or Its successor from passing th" proper sentence whenever such a cminJ. pears to be proper. This, we think.

that the statute intends, and that wa. only effect of the judgment. It is a Which the court and it Is perhaps creditable to the adrnlnlstra tion of justice in such cases that while existed no complaint been heard of its abuse. The order of tl general and special terms should be reverb th and the mandamus denied. reversed ah concur Order reversed.

COURT CALENDARS. SPECIAL TERM. Rochester, N. March ifi4 Present-IIon. John M.

Davy Justice the supreme court. of Ccurt adjourned to Wednesday, March 7th. CIRCUIT COURT. Rochester, N. March 6, lSru.

Present Hon. William II. Adams, justice oi the supreme toun. No. 8 Charles Newman against William Jones and others: ou trial.

Court adjourned to Wednesday, March 7tlL at 10 o'clock A. M. The calendar for Wednesdav, March 7, is as follows: Nos. VI, 13, 14, 17 and 35. SURROGATE'S COURT.

Rochester, X. March 6, 1S01 Present Hon. J. A. Adliugtou.

surrogate ef Jtouroo county. In re James Lamont, probate of will; will admitted. In re Riley Clark, judicial settlement; cree granted. In re Mary nogan, judicial settlement; le-cree granted. POLICE COURT.

Rochester, X. March 8, Present Charles R. Erust, police justice. Thomas Martin, assault; to be examined March tth. James Schiller, drunk; patoled.

Michael Goldstein, George Lrooks and David Dalirski. vagrancy; case not disposed of. William Shannon, petit larceny; to be examined March 7rh. Joseph Finklenieyer, drunk and disorderly; paroled. PURELY PERSONAL.

Miss Lillian Avery and James N. El-wood have joined the Player's Club. Charles A. Kawlings and Miss Annie S. Tarrant were married on "Wednesday, February 21st, at the residence of the bride's father, James L.

Tarrant, Xo. 39 Genesee street, by Rev. C. B. Gardner, D.

D. Dr. William A. Griffith, of Brooklyn, is spending a few days with his brother, J. P.

Griffith, of Xo. 2fJ9 Monroe avenue. Dr. Griffith is the president of the Brooklyn Tennis Club, and holds the championship of the Y. M.

C. A. of Kings county. A. B.

Dodge, formerly superintendent of the Rochester Knitting Works, Vu leaye the city this week to assnm' position of manager of the L.eighton chine Company of Manchester, N. II. Mr. Dodge is a prominent member of the Rochester and Genesee Canoe Clubs, and also of the First Separate Division of the Naval Reserve. Bargains All This Week at J.

W. Maser'a Bargains in men's shoes, bargains in ladies' shoes, bargains in. misses' shoes, bargains in children's shoes. You can save 25 ier cent, on shoe leather this week at our store. J.

Maser, 196 East Main street. The One Price Beck Store. The latest green jugs -fne sizes. Glenny Co. Ladies, This is For You in Particular.

All goods purchased this week at J. Fahy will be discounted 10 per cent, and the amount returned to the customer. No matter how low goods are ia any other store we will meet them and return you on top of that 10 per cent, ia cash. If ladies knew this generally Fahy's would sell all the dry goods purchased in Rochester this week. Mrs.

Montgomery's next lecture in the Grecian history series which she is giving at Mr. TYradstreet's school will be on Thursday afternoon at 3:45 o'clock, instead of Friday, as announced last wfc The subject will be "The Grecian Gaws." Chenille Curtains. Our assortment of this popular cnrta.S is now complete for this season, and tu latest novelties and leading designs from the principal manufacturers are represented in the stock. Our north window contains a few samples. When you esnni-ina the goods and the exceedingly low prices named, you will not hesitate 10 iimm selections.

Howe Rogers Co. J. W. Maser Elected To sell shoes for the next year cheaper and better than any other shoe man la-ester. J.

W. Maser I'M East Mam street. The One Price Heck Store. Harrv Chapman's for good paper hanging. No.

l0 South St. Paul stn-ct. A Great Book. The only store in the city where it be had. Novly History of the 1 ment of Religion and Religious ton gresses at the Columbian Kxsinoi.

third edition. volumes in Five hundred of them in to-day a book dciKiruneut. We haeiglTy-'tWe Crowell's red line, gold edge poets, all fresh cos 4,,. We win row EiTtv-tvo of those Shakespeare pages, finely bound, lor the last we will have u-t .1. $1.

Boston We Store, Rowers in- if U1.1 114 for low prices 01 1 pair. No. South ft. 1 am add Nil.ely Printed half-tone engnu to the attractiveness 01 a mudo by amateurs are not apt ltf class. The Democrat am U- printing depart meut secures from Che best house in the country.

nv. nas neon cannot, when deemed proper, and in ti.i VT terest of justice. Inflict Va-inent in the exercise of a Bo.md tt" Nor can the free and of this power or the -rcis Iliad. Hood's. IMgar P-S Mu.on, i Wadsworth, Dryden, lVto.

Pilgrim's Progress. have i SIBLEY. LINDSAY CTRR JUST ARRIVED WAISTS in SILK and WASH MATERIAL, SKIRTS in SILK AND ALL FABRICS. Announcement of in JACKETS and PARISIAN CLOAK 74-76 East 3VEaJxx Sb. SPRING OPENING CAPES soon.

1 manufacture 1 i.imilors oi Huov fur riayres. Il.iv 5 to snow. 1 upholster to oid also re-puitit and re-upliolster oid train. i.iciriMit Pamsois, i-aee Covers, etc. Mv icpnir shop lii yclcs and Haby Cnrrinjro1 Is I put l'licumatic tiies on old li'vi-, a ui 00 u't re pairing'.

1 cm ry lurc line oi 'j very ia, Velocjpf-tws Ki'presb Trjcyi Irs, Zuvuliu Chairs, rtu. The trainers or the federal and state constitutions were perfectly familiar with the principles governing the power to grant pardons, and it was conferred by these Instruments upon the executive with full knowledge of the law upon the subject, ami the words of the constitution were used to express the authority formerly exercised by the Knglish crown, or by its representatives in the colonies. (Kx parte Wells. IS How. 307.) As this power was understood it did not comprehend any part of the judicial functions to suspend sentence, and it was never intended that the authority to grant reprieves and pardons should abrogate or in any decree restrict the exercise of that power in regard to Its own judgment that criminal courts had so long maintained.

The two powers, so distinct and different iu their nature and character, were still left separate nnd distinct, the one to be exercised by the executive and the other by the judicial department. We. therefore, conclude that a statute which in terms authorizes courts of criminal jurisdiction to suspend sentence in certain cases, after conviction, power Inherent In such courts at common law, which was understood SCO necond hand Bicycles from 10 upwards. Great bargains in these machines. I am Bhowint- the new lb.

Columbia Road Racer, the 20 lb. Globe, the Crescent, S75.0J tho Eclipse. Central, Hartford, the Swan Racer ut etc, etc. The sc-uisatioa of tie season is the Leaeuo C'iiaiaiess. This machine runs with bevel gears, inclosed aluminum dust caps.

What a blessing- for ladies, no soiling or catching of drcs-a in the ciiUin gear. C7, fc9, 71 Exchange Street. CATALOGUES HEADY FCR PEALEt CASH OR INSTALLMENTS. 1 24 State Street, Corner Exchange Placa;.