USA > Pennsylvania > Book of biographies; This volume contains biographical sketches of leading citizens of the Seventeenth congressional district, Pennsylvania > Part 38
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not give the relief for which it was intended. It is a bill, which if it becomes a law will give a few men of this Commonwealth fat positions, which with the expenses of putting in operation the new court will take annually from the pockets of the people about one hundred thousand dollars. 1 have been in- formed that the present judges of the Su- preme Court are not in favor of a law of this kind. Some of the greatest legal minds which this state has produced have been op- posed to an intermediate court. They be- lieved and advocated the principles of our present system, one of original jurisdiction, such as we have in every county in the state at the present time, and one of last resort whose decisions are final-known as the Su- preme Court. Chief . Justice . Gibson, than whom there has been none more distin- guished, declared that our system of courts in Pennsylvania are the best in the world. and that the principles which it contains can be used and carried forward for centuries as thie most simple and easy method of establishing justice and protecting the rights of the peo- ple. Some of the greatest and best legal lights of the state are opposed to the provis- ions of this bill. A large number of able law- yers of this state are now candidates for a seat upon the bench of this superior court. They with their friends have created a strong sentiment among the legislators in favor of this bill. But the people of this state are not asking for it, and they are, as far as can be learned, very much opposed to it. This court would be expensive and useless and would not relieve the Supreme Court, for which it is intended. It would be injurious to the best interests of the people of this Commonwealth. and, as a distinguished jurist once said, would be a 'court of delay.' It would be against a prompt administration of justice. It has
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been said that this intermediate court is nec- essary for the relief of the judges of the Su- preme Court. This was the talk twenty years ago when the Constitution of this state was adopted,-when the able men of that conven- tion decided against an intermediate court. It was spoken of fifty, seventy and one hun- dred years ago. It was tried under the name of a circuit court and failed. It was estab- lished in the early history of this state and abolished, and again was re-established and abolished. Other states look upon Pennsyl- vania as having a good judicial system. A system which stands entrenched in the public confidence. It has been handed down to us by our forefathers, as the best judicial sys- tem which has yet been devised by man. It has stood the test of a century. Shall we now begin to tear it to pieces and try some new method which will be unpopular with the people, dilatory, and very expensive? It has been the experience where systems simi- lar to the one proposed by this bill prevails, that after the cases have been tried by a court of original jurisdiction and have gone to an intermediate court, that very few cases stop there. The parties interested are not sat- isfied until the court of last resort, or the Supreme Court, has pronounced the final de- cree. This new court is intended to be final for all cases of less value than one-thousand dollars, yet under its provisions any good law- yer could carry any case to the Supreme Court, no difference what the sum may be which is involved. Thus you will see that it is a bad law for the poor man who is determined that the Supreme Court should decide his case. He must first have the case decided by the intermediate court and after the long delay and expense he is compelled to carry it up to the Supreme Court. Is it right that we should pass a law which will discriminate
against the interests of the poor classes of people of this Commonwealth? All the classes should be on an equal footing. The small case should be properly decided and carefully considered as well as the large. The five hun- dred dollar case of the poor man may involve principles which if properly decided will do more good than the five thousand dollar case of the millionaire. It is not just and right that we should limit the cases by a money stand- ard. The most important principles may be involved in the case in which the money value is small. Any amount the Legislature may fix in the bill is bad.
"Poverty has disadvantages enough without marking it in the laws of the state. Under the provisions of this bill a poor man with a small case would be unworthy to go to the Supreme Court. No difference how impor- tant the principles to be decided, the court of final resort is prevented from giving its opinion, because the money standard, as pro- vided in this bill, declares it to be beneath its dignity and not worthy of a hearing. I be- lieve, sir, that some small cases have as good right to go to the Supreme Court as a case involving fifty thousand or more. I do not believe it is just or right for the Legislature to pass a law which will discriminate between the rich and poor. The poor man's case may be more precious and valuable to him than the five million dollar case may be to the mil- lionaire.
"Every man who wants to take a case from the court of original jurisdiction to the high- est judicial tribunal of the state should have the right, and if we pass a law to deprive him of this right we are taking away from him that personal privilege which the found- ers of this great government intended that all should enjoy. The high and low. the rich and poor, should all be treated alike.
SEVENTEENTH CONGRESSIONAL DISTRICT.
"Although it is intended by the projectors of this new court that it shall be final, yet every case which may be taken from the lower courts to the intermediate court can be car- ried from the intermediate court to the Su- preme Court, no difference how small the case or what amount may be involved. This can be brought around if so desired by the parties, by any lawyer who handles his case carefully. I am well satisfied that the people of this great Commonwealth do not want this new court. They are opposed to it. I be- lieve that if a vote was taken to-day upon this question by the people of this state that nine- tenths would be found to be against it. One of the great objections to this law will be the delay which it will cause to suitors. A poor man may have everything he owns involved in a law suit. The case is tried in the common pleas and one of the parties is not satisfied with the decision and an appeal is taken to the intermediate court and it is there delayed a year, or perhaps two, and the case is de- cided, but the party who loses is determined to have his case tried by the highest judicial tribunal and it is carried up, and after the delay of a year or more a final opinion is given and the poor suitor, whether he gains or loses, has paid out by way of lawyer fees and ex- penses as much or more than is involved in the case. This bill also provides that when an appeal is taken to an intermediate court a bond must be given, conditioned to pay the costs of the appeal, not only to the interme- diate court but to the Supreme Court. The suitor must prepare himself at once to go through two courts, above the court of orig- inal jurisdiction, doubling the expense and doubling the delay. This great expense and delay will generally have to be borne by a class of citizens of this Commonwealth who are the least able to bear the burden. It will
be a discrimination against the humble, law abiding citizen, the laborer, the farmer, the mechanic and others who have small incomes and limited means, and who have been forced into court in order to secure certain rights to which they believe they are justly entitled.
"Under our present system any lawyer can draw up his precipe for a writ of error in the Supreme Court, and there is not much delay. unless one of the parties has taken and al- lowed the case to go into court for the pur- pose of delay. The only reason which has been given or which can be given in favor of this bill is that the Supreme Court is be- hind, and that it has a vast amount of work on hand. This has always been the case and always will be so long as cases are taken and held in court for the purpose of delay. Every lawyer of this House knows that a list of cases that is behind, whether in the Supreme Court or in the lower courts, has a tendency to in- crease its length. It is said that our judges of the courts of common pleas, as well as the judges of the Supreme Court, are over- worked, but there is no evidence of this ex- cept that there is a long list of untried cases. What is the present cause of this long list and of this delay? Why, sir, I know it to be a fact that to-day there are thousands of cases in the lower courts in this state which are intentionally delayed by the parties. It is the same in the Supreme Court. Cases are taken into all courts for the purpose of delay. Either one party or the other has some ex- cuse which, under the present rules of the court, entitle them to a continuance, and in this manner the cases are sometimes delayed for years. It is the fault of the parties and the attorneys which cause this great delay and long list of cases now before the Supreme Court, as well as the common pleas, and then we hear the cry of 'overburdened courts' and
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'worn-out judges.' Let all of our courts adopt more strict rules, which will stop the intentional delay, and the lists will become small. The courts will then not be over- burdened with business, because a large number of cases which now are taken into court for delay would be settled by the par- ties. Our courts would then not be over- burdened and no one would think of estab- lishing a new court."
MAUSER & BRO. This well known firm of carriage-makers at McEwens- ville, Northumberland County, Pa., is the successor to the old-established business conducted by William Hood, whose reputa- tion for handiwork was known throughout this state.
Nicholas Mauser, the paternal great-grand- father, was born, as nearly as can be ascer- tained, about the middle of the last century, and was a native of Germany; immigrating to this country in 1779, he settled in what is now known as Montour County, but was then known as Northumberland County. Nicholas Mauser settled the farm where Aaron Mauser now lives, clearing it from the forest, and building a log-house, which is still kept as a relic of past pioneer days. He served in the Revolutionary War, and when he died he was buried in the Ridgeville churchyard, Cooper township. He had one son, Christian; and two daughters, Mrs. Deaffenbaucher, and Mrs. Kocher.
The old records give Christian Mauser's birth as occurring March 8. 1779, and he died May 27, 1866. He married Catherine Sickler, who was born April 21, 1786, and died De- cember 20, 1862. They lived on the old home- stead, where Mr. Mauser followed farming.
Their children were as follows: Joseph, who married Lydia Frey; Betsey, the wife of John Krumm; Barbara, the wife of Michael Work- man; John, who married Lydia Workman; Michael, who married Catherine Workman; Jacob, who married Catherine Krumm; Wil- liam, who married Maria Frey; Maria, who married Michael Workman; Fanny, who married Thomas Cole; Molly, the wife of Edmund White; Catherine, the wife of Thom- as Cole.
Our subject's father, Michael Mauser, was born October 15, 1817, and died October 15, 1854. He learned the carpenter's trade, but followed farming on part of the old home- stead, until his life ended at the early age of thirty-seven years. His wife was a daughter of Henry and Annie (Krumm) Workman. Mr. Workman was born April 2, 1783, and died December 6, 1867. His wife was born December II, 1785, and died November 16, 1859. Their children were: Gideon; Jacob; Joseph; Esther; Lydia; Reuben; Catherine; Eliza; Mary; and Henry.
Our subject's father was the parent of five children : Mary, who married Lewis Bayler; Alem and Cain, our subjects; Emanuel, who married Addie Wolf; Michael, who married Sarah E. Wesner. Mrs. Mauser was married a second time to Anthony Faust of Washing- tonville, Pa., and they have one child, Peter, who married Annie Patterson, and they reside in Derry township.
Alem Mauser, our subject, and senior mem- ber of the firm, was born July 20, 1846, on the old homestead in Montour County. His early life was devoted to education and farm- ing, and as his father died at an early age, our subject started at seventeen years as an apprentice in McEwensville, learning the wood-work of carriage building under the excellent instruction of William Hood and
WILLIAM KASE WEST.
SEVENTEENTH CONGRESSIONAL DISTRICT.
becoming very proficient. After a few years he took charge of the business, and in 1870 succeeded Mr. Hood, and with the exception of a few months spent in the West, he has carried on the business ever since. In 1875 he took in his brother, Cain, as partner, and the firm name has since been A. Mauser & Bro. Alem Mauser married Hannah M. Hood, a niece of William Hood, and they have been blessed with two children : Sarah H., the wife of P. Detrich, a teacher in the schools at Danville, Pa .; and Harry S., a student. Mr. Mauser is a stanch Democrat, and has been school director for the past twenty-four years. He is a member of the borough coun- cil; also a member of the Reformed Church.
When Mr. Hood first started the business in 1836, it occupied a small building, which now stands back of the present one; but as the business increased he built the store which the successors, A. Mauser & Bro., now occu- py. He also built a large blacksmith-shop, having four forges and employing upwards of thirty men. He had orders from the East, South, and West, for fine carriages, and the present firm now makes top-buggies, Pitts- burg Rockaways, and some heavy work- spring wagons and busses; altogether, having an output of about one thousand five hun- dred vehicles a .year.
Cain Mauser, the junior member of the firm, was born on the old homestead August 14, 1849, and attended the public schools and the Orangeville Academy. While a young man, he learned the harness-making trade in Bloomsburg, but wishing to see a little of the world, he accordingly set out, and spent sev- cral years in the West. Returning, he clerked in a general store for a short time, next learn- ing to paint and trim carriages. In 1875 he became a member of the firm with his brother. He married Emma C. Wesner, a daughter of
Henry Wesner of McEwensville, Pa. Mr. Mauser is a member of the Lutheran Church and a member of the I. O. O. F., He also has been a member of the school council for sev- enteen years.
This reliable firm has made a reputation which is known throughout the state, and too much cannot be said in praise of these broth- ers, for, in all of their dealings, honesty and uprightness stand out prominently, as their large patronage goes to prove.
ILLIAM KASE WEST, whose portrait we present on the preced- ing page, has won distinction in the legal profession and is one of the leading attorneys of Danville, Montour County, Pa. He was born in Danville March 8. 1860. and is a son of George Wileston West, and grand- son of William West.
The paternal great-grandfather of our sub- ject was Thomas West, who was of English- German descent and was born in Schoharie County, N. Y. He built a log house near his father's homestead and there engaged in tilling the soil for many years. Upon the outbreak of the Revolutionary War he left a happy home and family to battle for in- dependence. He had the misfortune to be taken prisoner by the English forces. but af- ter a short term of imprisonment effected his escape and organized a company, of which he was captain, and rendered valuable aid to the American cause. In 1808. or soon after. he and his children removed to Ararat, Sus- quehanna County, Pa., where he took up land and lived the remainder of his life. He died at the age of sixty years, and his wife at- tained the advanced age of eighty years. The following issue resulted from their union :
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BOOK OF BIOGRAPHIES.
Thomas; Hannah; Jones; Benjamin; William; Nathaniel: Permelia; and Eunice.
William West, grandfather of our subject, was born near Schenectady, Schoharie Coun- ty, N. Y., and learned the trade of a black- smith. After moving to Susquehanna Coun- ty with his parents he cleared a farm and en- gaged in farming. He later settled at Mason- ville Delaware County, N. Y., where he con- tinued at his trade as blacksmith until his death at the age of seventy-five years. He married Eliza Rogers, a daughter of Hobert Rogers, who was for many years a sea cap- tain, but, tiring of that life and wishing to establish an inland home, bought a farm in Delaware County, N. Y .; he became an agri- culturist, but later built a large boat and with his family sailed down the river to Chesa- peake Bay where he lived the remainder of his life. Mr. West and his wife became the parents of the following children: George Wileston and Hobert Rogers. Mrs. Eliza Rogers West died at the early age of twenty- seven years, and William West was united in marriage to Hannah Demenshaw, and they reared three children, Milo, Philo, and Jabez.
George Wileston West the father of our subject, began life on his own account at the age of thirteen years with a farmer of Mount Ararat, Pa., and by the practice of strict econ- omy saved enough from his scanty wages to enable him to attend school at the age of nineteen years, entering Birch Academy. He remained there for one term after which he took a course in the Wyoming Academy, being one of the first students of that insti- tution, and there studied surveying. He then taught school for six terms in what was then Columbia County, now Montour. In 1845 he was appointed county surveyor and each successive year since he has been elected to that office. He is considered as an authority
on lines and boundaries in this section of the state, his work not being confined to Mon- tour County, as he is often called to different counties in Northern and Central Pennsyl- vania. He also served for twenty-four years as county commissioner's clerk. He is now past eighty years of age, walks straight as an arrow, and, being large of stature, is of commanding appearance. Mr. West is a prominent figure throughout his section and is held in high esteem by a large circle of friends. He owns a fine modern home at No. 212 Pine street where he has resided for a number of years and enjoys the best of health. In 1854 he was united in matrimonial bonds with Catherine A. Kase a daughter of John Kase of Elysburg, Pa., and they reared eight children, namely: Charles W., a carpenter and painter of Danville; Eleanore Eliza, the wife of Oliver Diehl of Marionville, Pa .; Will- iam Kase, the subject of this review; George M., the manager of the gas and electric light plant of Danville; Louise M., who is at home with her parents; Isaac Dewitt, whose bio- graphical sketch appears elsewhere in this book; and Catherine, who died in childhood.
William Kase West obtained his education in the public schools of Danville and at the Bloomsburg State Normal School, after which he assisted his father in surveying for some time, devoting his spare moments to study and the completion of his education. He then engaged in surveying in the West for two years, and upon returning home read law with Grier & Hinckley, being admitted to the bar in 1886. He has since practiced in Dan- ville, and has been successful, as the large number of cases won testify. He has a very large clientage and is very popular. Few men of his age hold so prominent a position in the public estimation, and from present indications it is safe to predict a brilliant fu-
SEVENTEENTH CONGRESSIONAL DISTRICT.
ture for him and class him among the lead- ing men of the county. From 1887 to 1892 he served as district attorney and proved that he was the right man in the right place.
In 1891 Mr. West was united in the holy bonds of wedlock with Ella Patterson, a daughter of John C. Patterson of Danville, and they are the proud parents of three child- ren, as follows: John Patterson, who was born March 16, 1892; Mary Louise, born October 12, 1893; and William K., whose birth occurred October 16, 1895. Our sub- ject is a member and past master of Dan- ville Lodge, No. 224, F. & A. M .; past high priest of Danville Chapter, No. 239, H. R. A .; eminent commander Calvary Commandery, No. 37, K. T .; and an officer in Bloomsburg Lodge No. 436, B. P. O. E.
R. ANSON A. LAY, a rising young dentist of Shamokin, with abundant promise of a brilliant future in his profession and also in the literary field, is a son of Smith W. and Martha ( Earl) Lay, and was born near Seneca Falls, N. Y., in 1869.
The ancestors of our subject were of Eng- lish origin and may easily be traced back over a hundred years, and have all been na- tives of New York State. Nathaniel Lay, great-grandfather of our subject, was united in marriage with a Miss Minta, who was a native of Denmark.
Both he and his son, David Lay, our sub- ject's grandfather, rendered distinguished service in the Revolutionary War and fought bravely throughout that struggle.
Smith W. Lay, father of our subject, was a talented man and a machinist by trade. Our subject received his primary education in the common school of his native place, after which he graduated with honors at the Se-
neca Falls, N. Y., High School. He then began the study of medicine under a pre- ceptor, which study he pursued diligently for about two years, after which he took a course of lectures at the Jefferson Medical College of Philadelphia. In 1890 he entered the Penn- sylvania College of Dental Surgery, and af- ter completing his studies there he imme- diately began the practice of his profession, which he continued to follow with much suc- cess in the following cities: Waterloo, N. Y .; Baltimore, Md .; Wilkesbarre, Pa .; and Cleveland, Ohio; after which, in 1895, he located at Shamokin, where he has splendid facilities and a large field for dental work.
He at once proceeded to build up and ex- tend his practice, and during the short time he has been located in Shamokin he has de- veloped a practice second to none in the town.
Aside from the dental parlors in Shamokin. of which he is sole proprietor. Dr. Lay is in- terested in offices at Reading. Pa .. Wilkes- barre, Pa., Cleveland, Ohio, and Baltimore. Md.
Dr. Lay was united in the holy bonds of wedlock with Inez Haley, a most charming and accomplished lady, and is the father of one son, Victor. Our subject is well versed in all the intricacies and details of the art of dentistry and enjoys the confidence and good will of a very desirable class of patrons. He is a thorough gentleman, with pleasant. agreeable manners, and bids fair to become a very prominent citizen of Shamokin.
EORGE W. SEIBERT enjoys the distinction of being a skilled me- chanic, but is now, practically, a retired farmer of Delaware township. Northumber- land County, Pa. He was born at Milton.
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Pa., April 14, 1828, and is the son of John and Maggie (Truckermiller) Seibert.
Our subject boasts of being the descendant of good, old Pennsylvania Germans, who were noted for their industrious qualities and upright dealings with all men. His grand- father settled at Buffalo Valley, where he lived the quiet, unostentatious life of a farmer. Both he and his good wife lived to old age, he being eighty years old at the time of his death. They reared a most remarkable family of children, of whom seven lived to be over sixty years of age; four over ninety, and three nearly reached the century mark; below are their respective names and ages: Andrew, ninety-one years; John, our subject's father, sixty-six years; Joseph, who was ushered into life with the present century, was born Janu- ary 1, 1800, and remained single all of his ninety-six years; Rebecca, also single, sixty- one years; Catherine (Rothroth), who died at the age of ninety-six; Sarah, who married Mr. Hammer and lived to the extreme old age of ninety-nine; and lastly, Susan, whose hus- band's name was Rothroth, and who died at seventy-seven. Our subject has many good reasons why he should be extremely proud of having such a record of long life among his ancestry.
John Seibert, our subject's father, was born in Montgomery County, Pa., and early in life settled at Milton, where he assisted in build- ing many of the mills in that vicinity, being a millwright by trade. He had the reputation of being the most skilled man to dress min- stones in that part of the state. So proficient was he that his services were sought far and near. Working at his trade so unceasingly, and inhaling so much dust, settled a throat trouble on him which in time became a serious affliction and increased with age, finally caus- ing his death at the age of sixty-six years.
He was a strong believer in the Lutheran Church. In his political opinions he was a sup- porter of the Whig party. From Milton he removed to Delaware township to the farm where J. Lusher now resides. He cleared about fifty acres of the land and built the sub- stantial house and barns now there. His wife was Maggie, daughter of Solomon Trucker- miller. She died at the age of seventy-six years, leaving eleven children, all grown, to mourn her demise, namely: Jacob, John, David, Joseph. George W., our subject, Charles, Poily, Julia, Sarah, and Matilda.
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