Newspaper Page Text
THB CITIZXM, FRIDAY, NOVEMBER 22, 1912.
Makes Sweeping Changes In
Procedure In Equity Gases,
SIMPLIFICATION THE AIM.
Reduction of the Cost of Litigation and
the Elimination of Delays Sought by
Chief Justice White and His Asso
ciates New Anti-injunction Rule.
Sweeping rhnuges in procedure In
iMIUit.v eases in federal courts through
out the United States are effected In
revised rules promulgated by the su
preme courts of (lie United States. The
object Is to reduce the cost of lltlpi
tton and to eliminate delays.
The rules were announced by Chief
Justice White, who, however, omitted
explanation of one which would pro
hibit Issue of preliminary injunctions
without iml lee to the opposite party
and ! restricting issues of tempo
rary restraining orders.
The new anti injunction rule iucor
porates Into practice several demands
of labor leaders which they sought to
have recognized by the enactment of
the so called Clayton anti-Injunction
bill The new rule follows in a gen
eral w.iy the rules of the federal court
In the ninth circuit, which comprises
the Pacific coast states.
Samuel (iompers, president of the
American Federation of Labor, had
this to say about the anti-injunction
"It Is a step in the right direction
and one of the things labor has long
been fighting for."
To Do Away With Delay,
Chief Justice White grouped the re
forms under four or five heads. One
was in regard to the exercise of power
by the federal courts In equitable mat
ters Another was described as being
designed primarily to remove all un
necessary steps In modes of pleading
nnd to bring the parties quickly to the
issue. A third was described as being
n restriction In the modes of taking
testimony, particularly in patent nnd
"The whole intention has been," said
the chief Justice, "to bring the taking
of testimony down to a more simplified
nnd inexpensive method."
Another reform was snid by the
chief justice to be illustrated by the
statement that the new rules In gen
eral provide for trial by the court in
stead of a reference of the suit to a
referee to take the testimony and re
port back to the court.
The chief justice said the new rules,
which go into effect Feb. 1, 1013, would
make it possible for the appellate court
not to reverse suits merely because of
errors not prejudicial.
The New Injunction Rule,
The new rule on injunctions provides:
No preliminary Injunction shall bo
Kranted without notice to the opposite
l.arty, nor shall any temporary restrain
ts order bo granted without notice to
the opposite party unless It shall clearly
appear from specific facts shown by affi
davit or by the verified bill that Immedi
ate and Irreparable loss or damah'e will
result to tho applicant before the matter
can be heard on notice.
In case a temporary restralnintf order
shall be granted without notice In the
contingency specified the matter shall be
made returnable at the earliest possible
time and In no event later than ten days
Irom tho date of the order, and shall take
precedence of all matters except older
matters of the samo character. When the
matter comes up for hcarlnu the party
who obtained the temporary restraining
order shall proceed with his application
for a preliminary Injunction, and If he
does not do so tho court shall dissolve his
temporary restraining order.
Upon two days' notlco to the party ob
taining such temporary restraining order
tho opposite party may appear and move
tho dissolution and modification of the or
der, and In that event tho court or Judge
shall proceed to hear and determine the
motion ax expeditiously ns the ends of
justice may require. Every Umporary re
straining order shall bo forthwith llltd In
tho clerk's olllce.
Work of Chief Justice White.
One of the tasks undertaken by Chief
Justice White when he was appointed
to succeed Melville W. Fuller was to
reform procedure In tho courts. He
first revised the rules of the supreme
court itself. For seventeen months the
cjilef justice und Justices Lurton and
Van Devanter have been working on
the equity rules as u subcommittee of
the court They asked every fedora)
judge throughout the country to got
expressions from bar associations on
the subject and wrote to many othert
asking for suggestions.
These suggestions were digested bj
the subcommittee, nsslsted by W. J
JIughes of the department of Justice
The present rules came down from tlu
courts of England, with only one 01
FROM NAPOLEON'S GRAVE.
Sprig of Holly Part of Widow's Inheri
tance From Lawyer,
One of the Items In the legacy of
Henry II. Heed, n San Francisco law
yer, going to his widow, Mary J. Itoed
of Chicago, who separated from her
husband twenty years ago, ! a sprig
of holly from the grave of Napoleon at
Kt. Helena. I teed died on Oct. 11, lenv
lug no will, and tho holly, with a bank
Account of f 2,300, goes to Mrs. Heed.
The holly sprig Is In the shapo of a
cross. Tho wood Is brittle but still
sound. It was found In Mr. Reed's safe
deposit box by tho public admlnlstrn
tor when going over the effects of the
APPRAISAL OF PULITZER
ESTATE IS NEAR $20,000,000
Publisher's Newspapers Form Ufia
Than One-third of It.
Tho ofllelal appraisal of the estate of
Joseph Pulitzer, who died on Oct. "(,
1011, will fix o total value of Mr,
Pulitzer's estnto between $18,000,000
and $20,000,000. This Is flO.000,000
less than the figures announced at the
time his will was made public.
Mr. Pulitzer's newspaper property,
the New York World, the livening
World and the St. Iouis Post-Dispatch,
represent somewhat less than one-third
of the total In the figures. The official
nppraUal has not yet been able to fix
the value of the properties and Is wnlt
Ing for further expert evidence liefnro
fixing a final figure. Some difficulty
has been experienced In getting news
paper owners and managers to qualify
as experts in this valuation.
Melville Vs. Stone, general manager
of the Associated Press, has been the
principal witness on the question of
determining a Just method of estimat
ing the good will of a newspaper, lie
is understood to have testified that
average earnings over a period of
years, capitalized nt 15 per cent,
furnish a fair basis for assessing the
good will of an established newspaper.
Mr. Pulitzer held In New York state
tho stock of the Pulitzer Publishing
company, which owns the Post-Dispatch,
and the value of that paper will
figure in the appraisal. Outside of the
Pulitzer building in .New York and his
home, he held little New York realty.
Ills country places at liar Harbor and
Jekyl Island are not taxable In New
Listed in the estate for appraisal are
a great number of stocks and bonds
hold by Mr. Pulitzer for investment
purposes. They aggregate an unex
pectedly lnrge part of his estate.
One of tho Interesting questions
which is known to be a cause for delay
In filing the appraisal is whether or
not Mr. Pulitzer's yacht, the Liberty,
aboard which ho died, is taxable In
New York state as a part of his estate.
Attorneys for the estate have contend
ed that the yacht is "tangible property
outside the state," and hence not tax
able. Other questions delaying the comple
tion of the appraisal are whether or
not the bequest of $75,000 for a statue
and memorial to Thomas Jefferson
and $50,000 for a fountain in Central
park are taxable. The official apprais
er is reported to be Inclined to allow
these items to be untaxed because of
their public nature, although repre
sentatives of the state tax department
Insist that they are not Included under
any head of exemption In tho Inherit
ance tax law.
GETS HISTORIC ALBUM.
Relative of General Grant Presents
Relic of Jefferson Davis.
Tho Confederate Memorial Literary
society of Hlchmond, Va., was present
ed by Mi's. Frederick Grant Gleason
of Clilcago, relative of General I'. S.
Grant, with an interesting old fashion
ed album filled with handsome wood
cuts and autographs of prominent men
going back as far as Daniel Webster.
The album was bought in Chicago by
Mrs. Gleason's father. Dr. J. A. Kennl
cott On the flyleaf Is written: "This
nlburu was taken from Jefferson Davis'
library in Mississippi on July 11, 1SG3,
by Ezra L. Mowers of Company I,
Fifteenth Illinois Hegiment."
It was announced that the society
has just elected to membership Wood
row Wilson nnd the five celebrated
Langhorne girls, one of whom, Mrs.
Waldorf Astor of Cliveden, England,
footed the fees, amounting to $50.
The chief object of the society is the
care of the Confederate museum In
Hlchmond. It also marks tho sites of
historic places in and about that city.
SEARCHER FOR HARDY PLANTS
Expert Who Spends Years In Remote
Dr. F. Jf. Meyer, one of the most ex
pert and fearless scientists of the de
partment of agriculture, is off for a
three yours' enforced exile In "darkest
China," during which time he will seek
plant life that might add to the agricul
tural riches of the United States. His
objective is the province of Kansu,
the most northwestern of the Chinese
provinces, which never yet has been ex
plored by scientists.
Dr. Meyer returned only two months
ngo from a scientific explorntlon of
Manchuria, central Siberia, eastern
Husshi and Chinese Turkestan. After
two years of privation he emerged
from that quarter of tho world with
many valuable plants and seeds which
tho department now is trying out.
THIRSTY UNCLE SAM.
19,800,000 Barrels of Deer Consumed In
Tho Amorlcan people nro drinking
more whisky and beer and smoking
inoro cigars and cigarettes than ever
beforo in their history. From July 1
to Oct. 1, 1012, more than 3,800,000,000
cigarettes were smoked, nn Increase of
1,000,000,000 over tho corresponding
period of the previous year.
The nation consumed 33,150,000 gal
Ions of whisky during July, August
and September, nn lncreaso of 450.000
gallons as compared with that quar
ter of 1011, while nearly 1,050,000,000
cigars were smoked. A total of 10,
800,000 barrels of beer were oonsuraod
during the three months, which was
820,000 barrels more than in tho same
period of 1011.
FOR HIS HIGHNESS
Presents fhe Mere Man
Find Attractive and Useful.
The man who travels will appreclato
a hnndmndo set for his satchel, includ
ing a shnrlng pad, tie holder, collar
bag nnd n handkerchief case. Make
them of linen art crash with nn orig
inal design stenciled on the covers.
For the shaving pad cut two pieces
of cardboard 4 by 7 Inches, mnlfo two
round holes In one side of each one
half Inch from the edgo. Cover the
cards with the linen and on one sldo
of each apply the stencil design. An
other cardboard seven inches long and
one Inch wide is covered with linen.
This is placed lengthwise of the edge
of tho two larger pieces and the edges
whipped over and over with strong lin
Now you have the covering for the
thin sheets of paper. White tissue or
manlla paper Is cut Into sheets to fit
Inside the covering. Hound holes are
made In them corresponding to those
In tho cover und narrow ribbon is
run through each hole, brought over
the back nnd tied In a flat bow.
The tic holder Is mndc much In tho
same way ns the shaving case. Two
pieces of cardboard are cut fourteen
inches long and six Inches wide, cov
ered with linen stenciled and Joined at
one edge, so it will open Iiko a book.
The ties are folded and laid flat In
side the cover.
Make the handkerchief case of linen
folded like an envelope. When finish
ed It Is six inches square. The linen is
padded with a layer of cotton wadding
nnd lined with pink or blue china silk.
It is put together perfectly flat, caught
together with embroidery silk after It
is folded over, and the flap is held in
place with a small glove clasp.
The set or any one of the articles
would make an appropriate holiday
gift, would cost little and will be very
The Luminous Clock.
When in doubt about purchasing a
really useful Christmas gift for a man
why not consider one of the ucw luinl-
nous clocks that are on the market
The clock pictured Is of this de
scription aud makes a most covetable
What the College Man Will Like.
Sofa pillows are gifts that always
touch tho heart of the college man,
but these samo cushions must be of
the right kind to mako a hit with his
majesty. The ideal pillow, If intended
to tnke any wear at all should be fill
ed with feathers, not with cotton
waste. Somebody may have to spend
the night sleeping on that pillow. It
should be of material that will neither
fray nor fade. Soft velveteen, leather
and n heavy silk In plain colors are
Ideal. If It bears any embroidery let
It be well toward the edges or in the
corners. Use no tinsel tinsel scratches.
If cords nro used It must bo seen that
they nro sowed nay, riveted on in
tho strongest possible fashion. There
after will tho giver bo In receipt of
A Musical Suggestion.
Steins are not ndw suggestions for
Christmas gifts, but n musical tankard
that plays tho good old convivial tune
of "For lie's a Jolly Good Fellow"
when liquid Is poured Into It capa
cious depths Is a novelty broufht out
for tho first time this year for the
mere man's Christmas present The
Bteln Illustrated la a musical affair of
gray green pottery mounted In silver.
7 Z inn
EXTRA SESSION OF
Tariff Revision Likely to Ds Taken Up
Soon After March 4.
Almost the first duty that Presldont
WlUoti will perform will be to tssua a ,
nil for an extraordinary hvmIod of
rongrMS to revise the tariff, according'
to tho prevailing opinion in Washing '
ton. Three tariff bills, pased by con
gross and vetoed by Presldont Tuft,
need only to be passed again to get tle
signature of the Democratic presldot
It is also held that the Democratic
platform pledges Governor Wilson to ,
Issue the call. j
Whnt the Democratic platform doe
doclare for Is the "Immediate down
ward revision" of the tariff, and this
expression since the campaign of HMS
has been held to mean revision at an
extra se-,iwi (Governor Wilson him
self made no direct statement on the
subject. I hough when President Ta' t
warned the eoi.ntry that the Demo, nit
Ic candid. tie was pledged to a rexislnn
of the tariff at an exra session Mr
Wilson smiled In a way that seeint-1
to Indicate his willingness to accepi tho
The Democratic leaders in congre:
confidently expect an extia sos-dmi.
and they look forward to it eagerlj s
an opportunity for at last passing luiv
which for the past two years have 1
lacked only the president's signatUie U i
become law. Undoubtedly with a Dem
wrath- senate thoso bills will bo modi
fled and the La Follette amendments
will probably be discarded. Hut It can
bo confidently stated that the bills tint
Mr. Wilson will bo naked to sign will
not be far different In principle from
the measures which Mr. Taft vetoed.
In the bills which passed one house
but not the other, changes of a more
sweeping character will be made at the
next congress. Some of thefe meas
ures were hurriedly drafted, and obvl
ously for political effect
The opinion is that the extra ses
slon will be called shortly after inaugu
ration day and that it will last well
Into tho summer. The measures al
ready passed can be adapted to present
couditions by Chairman Oscar W. Un
derwood in short order, and they will
pass with only perfunctory debate
Hut after them will come other meas
ures on which the ways und means
committee will begin work ns soon a
congress reconvenes In December.
TWO FOR SENATE CHANGE.
Thirty-four Other States Must Approve
Direct Election of Senators.
Only two states, Massachusetts and
Minnesota, have so far acted upon the
constitutional amendment submitted to
them by congress proposing tho elec
tion of United States senators by di
rect vote of tho people instead of by
tho state legislatures.
The falluro of more states' to net Is
due to the fact that very few legisla
tors have had sessions since the joint
resolution proposing this amendment
was passed last May by congress and
certified by Socrotary of State Knox W
the governors of the states. The day
after this proclamation wns received
in Massachusetts the lower branch of
its legislature ratified tho nmendment,
and It was at once unanimously adopt
ed by the senate.
Thirty-nine state legislntures will
meet in January, nnd this will afford
them n chance to act Most of them
nre expected to ratify the nmendment
Thirty-six states must assont to the
change to mnko it a valid part of the
constitution, so that if six of the states
whose legislatures meet next year fall
or refuse to ratify It Its adoption would
be thrown over until 1014.
WILL BUILD U. S. OIL SHIPS.
Navy Yards at New York and Marc
Island to Divide Work.
Indications are that the New York
and Mare Island' navy yards will di
vide between them two big contracts
for naval construction that will give
employment to several hundred men
for a year or two.
Tho substitution of crude petroleum
in large part for coal ns the fuel for
tho new battleships has mado neces
sary tho construction of n new typo of
naval auxiliary to supplement the pres
ent collier. Congress authorized tho
construction of two "oilers" not to ex
ceed $1,140,000 each to bo built at navy
yards, and while tho preliminary bids
show that tho Maro Island ynrd is pre
pared to do tho work at n lower figure
than the Now York yard It Is probablo
that the work will bo divided between
One of the "oilers" Is needed on tho
Atluntlc coast, nnd tho Mnro Island
yard Is now about to undertake tho
construction of the gunboats Mouocn
cy and Palos, which probably will tax
Short Season Expected to Have All It
Can Do Providing Appropriations,
Estimates of the cost of running the
government for the fiscal year begin
ning July 1, 1018, are ready for ap
proval by the cabinet beforo submis
sion to congress. Some of the larger
Treasury, ? 137,000,000; war depart
ment, $200,000,000; navy, ? 130,000,000;
agriculture $31,000,000; legislative,
$14,000,000, and poatofllee, $276,000,000.
Tho postofflce department will request
an emergency appropriation of $17,
000,000 to get the parcels poet in run
It U considered likely congress will
have all It can do In passing the appro
priation bllhj without taking up any
other Important legislation.
Don't Go Up
In the Air!
And Then You Will Be
Suited DOWN TO
SO WILL THE POOR, TIRED
Designer and Man- g
Office and Works;
1036 MAIN ST.
CHICHESTER S PILLS
!?rr-v THE 1IIAJ10.N1 BRAND. A
i ii-tun-ien uianond ilrand
I'llli In lied and I old metallic'
poies, sealed wita Blue Ribbon,
TaLe no olker. Ilur of roar
DIAMOND IIHAND IMLLR, for S3
vein known it fWt.Sifrct. Ala nnM
SOLD BVDRUGQISTS EVERYWHERE
The Honesdale Dime
CONDITION AT THE CLOSE OF BUSINESS
NOV. 2, 1912
Hon As 111,380.00
MortjiUfjcs n ii U
Judgments .. l!58,n 10.00
Cu.sli nnd Duo
From Hanks .. t)0,r08.13
lteal Kstute and
A WONDERFUL GROWTH
From the day of its opening, Jan. 2, 1906,
down to the present time the business of this
bank has steadily increased.
D. & H. CO. TIHE TABLE
. . . Lake todore
... . Waymart
Fort en I a
TN THE COUIlT OF COMMON PLEAS
1 OF WAYNE COUNTY.
Hobcrt Stewart v, Suslo Stewart.
To SUSIE STEWART: You are
heroby roqulred to appear In the
said Court on tho second Monday la
December next, to answer, tho coni
plnlnt exhibited to tho Judgo of saU
court by Robert Stewart, your hus
band, In tho cnuso abovo stated, or la
default thereof n decree of divorce
as prayed for In eald complaint may
bo mado against yon In your ab
sence. F. C. KIMBLE, Sheriff.
Honesdale, Pa., Nov. G, 1312.
would like to sec you If
I you are In the. marked
: JEWELRY, SILVER-
$ WARE, WATCHES,
i AND NOVELTIES
"Guaranteed articles only sold." j
"Stickicy's Furniture" is THE KIND
that serves ynu best.
For this macnlfieent Turkish Rocker
upholstered in Boston leither, a splendid
imitation of cenuine leather that wears
well and nearly as loneasthe bestsrenulne
leather. This comfortable Hocfcer is lame
size, well made and made for a lifetime of
service. Handsome in design, strictly
first-class in workmanship, and the equal
of Turkish Rockers retailing for (15.00.
Carefully packed and shipped,
freight charges prepaid, for $10.70.
Send today for our latest catalog
of furniture. Mailed free.
BINGHAMTON, N. Y.
Capital $ 7.-.000.00
Surplus and Undi
vided Trollis .. 71,312.21 g
Sept. 29, 1912.