Montrose – Mrs. John Snell has taken the agency for the Winner’s Vacuum Cleaner. Works like a carpet sweeper; no pumping.

Susquehanna – Upon orders from the court, District Attorney Ferguson has drawn up lists of men of known intemperate habits and these lists have been posted in every saloon and drug store in Susquehanna, Lanesboro and Oakland. There are 49 names on the list and liquor dealers are forbidden to sell to any of the men whose names have been posted. It is stated that similar proceedings will be taken in several other towns in the county. It is alleged that in the eastern part of the county, in some sections, speakeasies and wagons peddling liquor have been doing considerable business, and the strong arm of the law is to be invoked to put them out of business.

Elk Lake – Miss Claire Reynolds was returned to her home in Auburn after closing a very successful term of school last Friday. On Monday evening previous, Miss Reynolds, assisted by her pupils and Messrs. Taylor, gave a very pleasing entertainment.

Hopbottom – The men of the church served an oyster supper, Tuesday evening of last week, which was followed by an entertainment that exhibited the fine talent possessed by this village. Wednesday evening the ladies’ minstrel show was a splendid affair and was hugely enjoyed by an audience that crowded the hall. The Belles were delightful in their makeup and rendition of songs, monologues and jokes. Miss Helen Jeffers brought down the house with her stump speech on the political questions of the day. Mrs. Tiffany’s monologue was excruciatingly funny and the local hits were well appreciated. The door prize of the fine painting, donated by Mrs. May Ballou Tiffany, was won by Miss Hortman. Mrs. Janaushek received the prize of a piece of cut glass, donated by J. W. Bisbee, for the best chocolate cake; Mrs. Fred Brown, the sack of flour donated by Glen A. Roberts for the best loaf of bread; Miss Mella Brown, the three pounds of coffee, donated by Robert Bertholf, for the best coffee cake; Mrs. Dell Wright, the china cake plate, donated by E. M. Loomis, for the best nut cake. After the minstrel show the unsold goods were auctioned off and everything was entirely sold out. Also Mrs. Guy Penny, who has been a great sufferer for many weeks from neuralgia and rheumatism, was moved on a cot bed, carried by four men, a distance of nearly two miles. We hope for her speedy recovery.

Uniondale – The recent high water demonstrates, it is said, that the dams at Lewis Lake and Hathaway Pond, near Uniondale, endanger the towns and cities in the Lackawanna Valley. Both dams held back large bodies of water and as they are not especially strong in either instance, citizens whose lives and property are endangered are showing some concern regarding their insecurity.

Forest City – According to the “Forest City News” the borough treasurer has received $1,080 as its share of the liquor license money. Will that pay the fines, officers’ fees, transportation expenses of criminals, etc., who are arrested for crimes or nuisances committed while intoxicated, or care for the almshouse poor or those who are placed in the asylums as a direct or indirect cause of the drink evil?

Lanesboro – Arch Woodard, an aged farmer residing near here, was sand-bagged and robbed Monday afternoon while on his way home from Susquehanna. Several strange men saw him make a purchase at Lyons Hotel, where he exhibited about 20 dollars in bills. Later, two of these men left the hotel and it is believed they followed him. At a spot suited to their purpose, they laid in wait and unexpectedly, jumping into his wagon, rendered him unconscious by a blow upon the head. A Mrs. Johnson, living nearby, found Woodard unconscious and alarmed the neighborhood. Stephen VanHorn later took him to the Susquehanna hospital, where he was cared for. Woodard said he saw a man, apparently trying to get out of sight shortly before he was held up, but has no other clue to the robbery. In addition to his watch and chain, he was robbed of about $15.

Burnwood, Ararat Twp – Who was it that said summer was here because he saw wild geese? Were geese ever reputed to be very wise? Also Willie Silver had the good luck (?) to have someone come in his sugar woods and help themselves to about 70 of his sap spiles. They would probably have taken his sap pails if they could have carried them away without being seen. Never mind, he has a line on the thieves and if the spiles are not returned he is going to prosecute.

Lenox – The terrible windstorm of March 21 blew down the large cow barn of F. A. Jeffers, besides doing considerable other damage in the neighborhood.

New Milford – Gordon Howell, who is one of the heavy advertising men on the Lestershire Record, a sheet noted for its typographical beauty, was among our callers Saturday. Mr. Howell was, for years, editor of the New Milford Advertiser.

Springville – Homer Young, our enterprising Maxwell agent, is preparing to build a nice garage with living rooms above, and offers his house and lot for sale.

Bridgewater Twp./Scranton – George W. Bushnell, retired leather merchant and old resident, died recently at his home in Scranton. He was 86 years old and a native of Bridgewater, Susquehanna county. For many years the Bushnell leather store, on Spruce street, was one of Scranton’s most flourishing enterprises. Mr. Bushnell worked on his father’s farm in Susquehanna county, as a young man, and attended the district school. In 1850 he worked with an engineer corps in locating was known as Leggetts Creek railroad. The road was completed as far as Great Bend in 1851 and the rest of that year and the following year he taught school at Auburn Corners. Mr. Bushnell went to Scranton in 1853. He secured a position with the Lackawanna railroad at Mt. Pocono, but left there to engage in the leather business. Clayton Bushnell, now deceased, was associated with his father in the business for a time. The only near relative left by the deceased is his widow.

Hallstead – At present, the prospects are very encouraging for a base ball team in Hallstead and Great Bend for the coming year. Suitable grounds are to be secured and players engaged for the season. The manager of last year’s club, Philip Demer, states that there is considerable talk of forming a league, consisting of Dunn McCarthy, Lestershire, Endicott, Montrose, Deposit, Susquehanna and Great Bend, which would make an excellent circuit. Money will be raised to meet the various expenses to be encountered at the beginning and it is hoped that the response will be liberal.

Given that the United States Supreme Court heard arguments last week on the constitutionality of a ban on same-sex marriage – as well as the constitutionality of the federal Defense of Marriage Act – it was not surprising that someone asked me to comment upon the state of the law in Pennsylvania regarding same-sex marriage. In response to that inquiry, I noted that I had already written on this issue in one of the very first columns that I wrote when I became District Attorney. In reviewing my files, it turns out that I wrote the column in March 2004 – over nine years ago. For those interested in this issue, as well as giving myself a break over the Easter holiday, I am including a reprint of the column (with some minor edits) as it appeared in the papers back in March 2004, with some additional final thoughts at the end.

In 1996, Pennsylvania actually enacted a statute that defines marriage so as to exclude homosexual couples. The statute reads as follows: “It is hereby declared to be the strong and long standing public policy of this Commonwealth that marriage shall be between one man and one woman. A marriage between persons of the same sex which was entered into in another state of foreign jurisdiction, even if valid where entered into, shall be void in this Commonwealth.” 23 Pa. C.S. § 1704. Therefore, same sex marriages cannot be performed in the Commonwealth of Pennsylvania. Further, the Commonwealth of Pennsylvania does not recognize as lawful same sex marriages performed in other jurisdictions.

But what would happen if a marriage license was issued to a same sex couple and a marriage was performed in Pennsylvania? First, as noted above, the “marriage” would be void from its inception and confer no legal rights or standing whatsoever to the couple. Second, there could be potential criminal penalties arising from the actual issuance of the license and performance of the marriage ceremony. Back in 2004, I noted that Montgomery County District Attorney Bruce Castor had opined that the issuance of a marriage license to a same sex couple would constitute a violation of § 5101 of the Crimes Code, relating to the obstruction of the administration of law or other governmental function.

In particular, the relevant portion of that statute reads as follows: “A person commits a misdemeanor of the second degree if he intentionally obstructs, impairs or perverts the administration of law or other governmental function by . . . breach of official duty or any other unlawful act.” A public official has taken an oath to uphold and defend the laws of the Commonwealth of Pennsylvania, including § 1704 that declares that marriage shall only be between one man and one woman. Because same sex marriage is unlawful in the Commonwealth, any public official acting within the scope of his or her public duties who issues a marriage license to a same sex couple would arguably be perverting or impairing the administration of the law, i.e., the recognition that marriage may only be between one man and one woman. If a public official were to violate § 5101, the potential penalties include up to two (2) years in prison and/or a potential fine of up to $5,000.

The moral, religious, and ethical implications arising from same sex marriage have been and will continue to be debated – no matter what the United States Supreme Court decides in the pending cases before it. Obviously, the outcome of the United States Supreme Court decision could conceivably call into question the constitutionality of Pennsylvania’s statute and its definition of marriage. If the proponents of same sex marriage convince the Supreme Court that the equal protection clause provides same sex couples with the right to be married under state law in the same manner as a man and a woman, then the Pennsylvania statute will be in constitutional trouble. On the other hand, if the Court determines that the federal constitution does not provide any protection for same sex couples, then the issues will continue to be decided by each sovereign state – either by the voters or each state’s elected representatives. Please submit any questions, concerns, or comments to Susquehanna County District Attorney’s Office, P.O. Box 218, Montrose, Pennsylvania 18801 or at our website www.SusquehannaCounty-DA.org or discuss this and all articles at http://dadesk.blogspot.com/.