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The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, October 02, 1900, Image 6

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THE SCRANTON TRIBUNE-TUESDAY, OQTOBER 2, 1900.
' V
J
Ice Cream.
BEST IN TOWN.
2,0 Quart
LACKAWANNA DAIRY CO
aeleplioneorderil'rompltr Deliver!
Utriil Aditnt Avenue.
Scranfon Transfer Co.
Baggage Checked Direct to Hotels
and Private Residences.
Office S)., It. & W. Passenger
Station. Phono 625.
DR. H. B. WARE,
SPECIALIST.
Eye, Ear, Nose and Throat
Offlce Hours-! a. m. to 12.30 p. .: ! to .
Williams Building. Opp. Pastofflee.
ftgg&
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4
-f
CITY NOTES
4
!--f-f-f-f-f -f44 4-f"----f--t'f
MKiuXAR DIIILI. lime will lc a regular
trill of Company C tlila evening.
KHGUIiAR MlXTIMi. 'lucre will be J logu
ar meeting of the hoaul of lienltli, .it their
rooms in the city lull, Widnesilai, at 8 p. in.
QUARTEHI.Y DfVIDIJM). On Snturtliy the
County SjM'nj;a Hank ami' Tnit cmupiny de
clared a quarterly dividend of 2'j. per cent, pay
able Oct. j.
l'ELti FROM HIS WACO.V. Michael MtXamara,
a contial city expressman, jestcrdiy fell fiom
his delivery wagon and, blriking in the rot J. cut
his head badly. His injuries were dressed at the
Lackawanna hospital.
CHURCH SUt'l'nn.-Supper will bo served by
the ladies of the Unhcrculist church fiom 0 to
8 o'clock Frichy evening. A cordl.il Imitation
is extended to jou to come and bring Jour
friends. Wo expect jnu to tpend the evening
with m.
W1:i:TS AT MOSCOW IODAY. The county
convention of the Woman;' Chri-.li.in Temper,
ance union meets todjy .il Moscow, nt '.' a. in.
Anangemenlx are made for the lite train to
take on passengers after adjournment. 'Die
morning train leaves Scranton at S a. m.
NHWMAN CI.UD MI'XTIMl. The Catholic His
torical bocicty and Ncvvrmu Maguinu club will
meet this evening. The litcraiy pingranuno villi
be the reading of papeis by Dr. W. 1'. Conner
and Miss Hiland. JIrs Joseph O'llrlen and ilis
Rurko will lender .solos. 1 lie governesses will
have a meeting alter the icgular .session.
PAY DA'i.'v The Delaware, Lackawanna and
Western company paid jcslcrday at the Diamond
and Stons hhnft, and will piy today at the Ox
ford, Dodge, Hcllevuo, l'etteliouo and Woodward
mines. The Delaware and Hudson company paid
jesterday nt the Manvlll;, Green Itidge, ami the
superintendents' clerks nt Carbondalo and Scran
ton. rUNKRAIi AXXOUXCEMIINTS The funeral of
Jdm Kllpatrick, of 'Iheodoie street, will take
place this morning, with services at Holy Ito-ary
ch'irch at 9.30 o'clock and intcrnicnt in the
Cathedral cemetery. The funeial of Mrs. Ann
Moran, of Price street, will be held ut 2 o'clock
this afternoon, with seniles ut bt. Patrick's
church and interment in the Catlicdr.il cemetery.
DEMOCRATS JIKCT. 'Hie regular monthly
meeting of the Democratic cluh was held last
night in the Democratic headquarters in Liberty
hall. Over one hundred members attended and
the meeting was a very cnthiislistic one. Eveiy
man present pledged his support at the polls
on election day and scvei.il speeches v.cie niido
by numbers. About Iwrnty-flv e new- niemheis
were admitted to the club nnil a large number
of applications wcic leccived.
AT THE BECRTJITING STATION.
Several of Capt. Wolfe's Aids Trans
ferred from the City.
Preparations nre now dally belnij
made by Captain Wolfe, who is In
charce of the local recruiting station,
towurds moving the station from the
city. The captain and his staff of aides
are busily working on their enlistment
Ibooks and expect to leave the city to
morrow for Philadelphia, Several of
the present btaff will accompany the
lieutenant and otheis will be assigned
to other-departments.
Corporal Elliott H. OrleslnK. of the
station, has been transferred to Port
Meyer, Va where ho will join the
Klfth cavalry, and Corpor.U will D,
Duly has been transferred to Fort
"WashinKton, Md., anil will leave this
city today, lie will Joiu the Fourth
artillery. Corporal Itobert Clarlc Is to
join an Infantry regiment and see ser-
vice in the Philippines.
, MEETING OF UNDERTAKERS.
It -'Will Be Held at the Lackawanna
Valley House.
The semi-annual meeting of tlio Trl
County Funeral Directors' association
Will be held In the parlors of the Lack
awanna Valley house on Tuesday, Oc
tober 9. Two sessions will be held, tho
tlrst being from 10 to 12 o'clock In tho
mornlnK. and the second front 2 to 4
o'clock p, m.
Tho preparations for this meeting
. have been more extenslvo than of for
mer years. An attempt Is being made
lo get all directors of funerals to meet,
.To further this object, Albert C. Mll
"Vler, of Kingston, will read a paper on
'""Embalming," which la expected to he
' f vital Interest to funeral dlrectois,
The olllcers of the association are;
A, E, "Williams, president; T, P, Letch
' worth, secretary.
' -
"ELEPHANT ON THEIR HANDS."
Police Do Not Know What to Do with
. , , -Thomas' Jenings,
V Thomas Jennings, of Peckvllle, is
proving "an elephant on their hands''
to the police. Mr. Jennings wag urreut
ed last Thursday, while (n a drunken
condition, and after spending the night
In the station, was discharged In police
court. Saturday ho was picked up
again. BUfferlng'ffrorn. delirium demons,
anfltfhep.thenhas been a guest at tho
oentrlJ8tatlon. 'Ho raves constantly,
find Is a source of constant anxiety,
The police arc awaiting the arrival of
some of Mr. Jennings' relatives to take
charge of him.
mimM
8$&r
AN IMMENBE SEWER.
Bids for Its Construction Considered
Imst Night.
Tho sowers and drains committee of
select council met Inst night In the city
clerk's office, and considered the bids
for the construction of a sewer system
In tho Fifth, Sixth, Fifteenth and
Eighteenth wards In the Nineteenth
Bower district, probably the largest
system for which n contract hns been
let In this city.
The sewer ns provided for in tho
plans and specifications Is to bo 62,536
feet long with 24,000 feet of house con
nections and tho total estimated cost
of City Engineer Phillips Is $148,938.62.
There nre thico bids, two of which
ate entirely too far above the engi
neer's estimate to be considered nt all.
These are tho bids of Homer & Qtilnn,
uf Philadelphia, and Petfr Hclley, of
Wllkos.Uarte, which nre $17S,5I0.8l und
$11)7,7113.50, respectively.
Tho only bid which comes below tho
engineer's ilgurc Is that of It. A. Mil
lone, of Lancaster, whose bid Is $146,
636.72, leaving a balance of $2,301.00 for
tho payment of Inspectors. The com
mittee didn't decide last night to rec
ommend tho awarding of the contract
lo anybody In particular deferring this
action until Just before council meeting
on Thursday night. It Is safe to as
sume, however, that the contract will
be awarded to Mr. Malono.
CAPTURED BY FILIPINOS.
John Jordan, of Wilkes-Barre, Is in
the Hands of Enemies.
"According to a dispatch received
from General lMncArthur, the crew of
tho gunboat Vlllalobos, on which was
John Jordan, of this city, has been
captured by the Filipinos," says the
Wllkos-Biirro Times.
"Mr. Jordan has been In the service
for nearly six years. He was for near
ly three years attached to the New
York, Adinltal Sampson's llagtihip, and
was present with the licet at the battle
of Santiago. After the war with Spain
he was given a three mouths' furlough,
which ho spent In this city with his
parents, and at the close of his vaca
tion reported for duty ut the Brooklyn
navy yard and was assigned to service
in the Philippines, serving for ti time
on board the Olympla, Admiral Dewey's
flagship, and when that vessel left tho
Orient Mr. Jordan was transferred to
tho Iinltlmote and was later assigned
to the Bennington, and was assigned
to the Vlllalobos March 8.
"The Vlllalobos, -which is a wooden
vessel, was built in Hong Kong In 1800.
She is 200 feet long, draws nine feet of
water and Is of 360 tons displacement.
Her armament consists of a batteiy of
two slx-poundeis, two thrce-poundets,
two one-poundor.s, and two Colts auto
matic guns. Her crew consists of
forty-eight in all, thiity-four white
men, six Filipinos, four Chinese and
four olllcers."
-
LACKAWANNA SCHOOL NEWS.
First Issue of New Journal Makes
Its Appearance.
The Lackawanna School News is the
title of a publication which has just
made its appeal ance and is edited and
published by J. C. Taylor, county su
perintendent of schools; W. W. Cum
mlngs, principal of Olyphant schools;
T. G. Osborne, principal of Moosic
schools, and M. J. Lloyd, principal of
Dickson schools.
The journal will bo a school paper,
giving nn account of the changes and
improvements in tho schools through
out Lackawanna county.
It will also contain the official no
tices of the county superintendent, re
lating to examinations. Institutes,
teachers' meetings and other educa
tional matters.
Accounts of changes made in school
buildings will bo sent in by seeretailes
of school boards every month. The
first issue of tho Journal contains sev
eral Interesting articles and will prove
of Interest not only to teachers, but
to all those interested in school mat
ters. STATE FIREMEN'S CONVENTION.
Only Six Delegates from This City
in Attendance.
The Scranton firemen this year nre
not taking much Interest In th'e Stats
Firemen's convention, being held this
week In Newcastle. Although every
company Is entitled to a delegate, only
six out of the sixteen companies sent
delegates.
These six delegates left yesterday
shortly after 10 o'clock, via tho Lacka
wanna, and as far as could be learned
they will be the only Scinntonians
present at tho convention, with the ex
ception of Chief Klzlemnnn. These dele
gates are as follows: Centurys, John
Hartman; Nuptunes, John Demuth;
William Connells, Ed. SImrell; Frank
lin, Joseph Hall; Eagles, John Whits,
and Genornl Phlnneys, F. W. Long.
Chief Zlzclmnn will leave for tho
convention this morning,
SYSTEMATIC THIEVING.
Largo Amount of Wire Taken from
Scranton Railway Company,
About tluce hundred feet of copper
bound wire was stolen from the Scran
ton Railway company early Sunday
morning. The wire was pilfered from
the Peckvllle lino, nnd the thieves are
known to bo a gang of Italians, who
wore acting In conjunction with a local
junk denier,
Tho company hns beep, a gront suf
ferer during tho year fiom this man
ner of thieving, nnd an enormous
amount of wire has been stolen. It Is
worth anywhero from ten cents to
eighteen cents a pound to tho thieves
and a great deal more to tho com
pany. It Is tho wlro used in connect
ing the rails, nnd Is expensive nnd
entails a great deal of trouble in, put
ting it Into place.
PARK VANDALS ARRESTED.
Two Men Taken Into Custody at Nay
Aug Park,
Park Policeman McMannman yes
terday nnested two Italians who were
damaging Nny Aug park property, Tho
men wero endeavoring to shako tho
nuts from a chestnut tree, and In
doing this battered tho trunk and
branches with stones and sticks, In a
way which was doing considerable
damage,
Tho pak officer took tho men into
custody and they will be given a
heating this morning.
Heller's Testimony.
Albert Heller, living at 1114 Farnham
st., Omaha, says: "I have tried most
every thing that Is used as a pre
ventive or cure for headache, but noth
ing did me bo much good as Kruuse's
Headacho Capsules. Others who havo
used them say the same thing." Pi ice
23c. Sold by Matthew Dros.
LIST DWINDLED
VERY MATERIALLY
LAST WEEK OF THE TERM OF
COMMON PLEAS COURT.
On Various Grounds a Number of
Cases Wero Continued Several
Verdicts by Agreement Two Non
Suits Granted Because the Plain
tiffs Did Not Put In an Appear
anceCases on Trial When Court
Adjourned Other Matters In Court.
Yesterday's Marriage Licenses.
The third nnd last week of tho Sep
tember toim of common pleas' court
opened in tho main court room yes
terday. Judge It. W, Archbald Is on
tho bench In No. 1 and Judge II. M.
Edwards is presiding In No, 2. After
tho list was read, when tho motions
were disposed of, tho following cuses
wore marked continued:
Allen W. Williams and others,
against James F. Green and others,
trespass; Arthur Frothlngham against
Charles II. Welles, ejectment; Contln
tal Trust company against William H.
Wlnton, administrator, eel. fa.; W. C.
Smith against Hannah Lewis, wages;
B. M. Wlnton, administrator, against
Delaware, Lackawanna and Western
Kallroad company, trespass; R. E.
Dean and others against J. G. Sander
son and others, assumpsit; D. C.
Glbbs against Williams L. Knapp and
others, appeal for settlement; James
Kelly against city of Scranton, tres
pass, for settlement; Peter Ferrettl
against Vito GcrardI, trespass; Will
man, Ernsteln & Company against
Mary Donnelly and otheis, assumpsit;
M. L. Ginsberg & Son against Scran
ton Railway company, assumpsit;
John R. Summers against Briar Creek
Farmers' Mutual Insurance company,
assumpsit; Thomas W. Davlcs against
Susan Spencer and otheis, -trespass;
Electric City Land company against
West Iildgo Coal company and others,
ejectment.
NON SUIT GRANTED.
In tho case of John Bitten against
John Mernok, there was no appear
aneo on the part or the plaintiff and a
non suit was granted. In the ap
peal of Mary Swift and others against
Michael Walsh and others, the plain
tiffs were not present when the case
was called and a compulsory non suit
was granted. The plaintiffs put In an
appearance a half hour after this ac
tion was taken.
By agreement, a verdict for $350 was
taken in favor of the plaintiff in the
tiespa.ss case of B. Mullady against
tho city of Carbondalo. By agree
ment, a verdict was also taken for
tho plaintiff In the ejectment suit of
F. D. Reber against Peter Bedell, ad
ministrator. The ownoiohlp of a piece
of land In Ransom town&hlp wits the
matter In dispute.
After the noon i-ccpss a jury was
sworn In the trespass ease of Reese
Hughes against the city of Carbon
dale, and was sent to Carbondalo to
view tho property which, It Is alleged,
was damaged by the action of the
city. The ease will be put on trial
this morning before Judge Archbald..
In tho case of Patrick Lunney
against the city of Scranton, a tres
pass case on last week's list, a jury
was sworn and returned a verdict of
$425 for Lunney, with out leaving the
box.
When court adjourned foi- tho day,
the replevin suit of H. Dinner against
Mary A. Andrews "was on trial in No,
1. Dinner was a tenant of the defend
ant and moved out before the expira
tion of his lease. He alleges that he
was warranted in doing this by her
failure to make certain repairs speci
fied In the lease. The defendant
could not see the force of his argu
ments and levied on Dinner's furni
ture. This replevin suit is the result.
The plaintiff is represented by City
Solicitor A. A. Vosburg and the de
fendant by Attorney W. S. Hulslander.
DISPUTE ABOUT TIME.
Before Judge Edwards in No. 2 the
case of Charles Llebr.sleln, of Chl
cngo, against Jonas Long's Sons is
on trial. Sir. Llebensteln Is repre
sented by Attorneys J. H. Torrcy and
E. C. Newcomb and the defendants by
Major Everett Warren and Attorney
Joseph O'Prlen.
Prior to the opening of tho store of
Jonas Long's Sons in this city. In
December, 1S97, Mr. Liebensteln was
engaged as manager for It at a salary
of $5,000 per year. He alleges he was
hired for six months. The dun con
tends ho was hired as everyone elso
In their employ Is, by the week and
that he could not havo been engaged
In any other way, because It Is the
settled policy of the firm to hire people
by tho week, and not to enter Into
long-term contracts.
At the end of less than three months
Mr, Lelbensteln was allowed to go, his
services not proving satisfactory. Ho
is suing to recover salary for the re
minder of the six months. The; case
was on trial when court adjourned
and will be resumed this morning.
Two Divorce Cases,
Judge Kelly In chambers yesterday
hoard testimony in two divorce cases,
The first was that of Mrs. Louisa Har
ker agnlnst Clifford Harker.
Mrs. Harker livs In South Scranton
and sho says that she was married
to Harker In Honesdalo two and a half
years ago and that she lived with
him until August 2S, 1809, She claims
that on midnight of that date ho sud
denly left tho house. Sho says she
has never seen him since then.
Prior to his leaving her, she claims
ho beat her cruelly1 on several occa
sions, called her vile names and other
wise ill-treated her. Her testimony
was corroborated by neighbors.
The second enso was that of Bessie
M. SwnrtK against Stephen W. Swartz.
Mrs. Swartss said that sho was mnr
rled In Mndlsonvlllo on September 10,
1897, and that sho and her husband
moved to Dunmore, whevro they lived
together until August 27, 1900, when
sho was forced to leavo him, on ac
count of his brutal and cruel treat
ment of her.
Clinton O, Stevens, who boarded with
tho Swartzs In Dunmore, testified that
he frequently heard Swartz abuse his
wife, and that on cno occasion he
heard him threaten to kill her.
First Appeal Taken.
Tho flrst appeal from a summary
conviction since the speakeasy ordi
nance was passed by councils, was
yesterday taken. The appellant was
M. J, Horan, of Putnam street, who
was convicted by Mayor Molr yes
terday morning for selling liquor
without a license, and who paid the
fine of $50 imposed for that offense,
Ho run contends that the warrant
for his arrest was Issued on Septem
ber 25 ant) that he was arrested on
September 29. Ho claims that at tho
hearing two men testified to having
sent a boy to buy ale from him on
September 27, or two days after tho
wnrrant was Issued. Ho n further
claims that no evidence wasadduced
to bIiow that ho sold the ale. For
these reasons ho asks tho court of
quarter sessions to set nsldo tho may
or's ruling, '
Now Trial Asked For.
Major Everett Warren, representing
the Scranton Railway company, yes
terday filed reasons for a now trial
in the case of Emll J. Wolfgang versus
tho Scranton Railway company. Wolf
gang secured a verdict of $100.70 Inst
week for the loss of a bakery wagon,
demolished in a collision with one of
tho company's cars, on Pcnn avenue.
One of these reasons Is that tho
members of tho jury visited tho scene
of the accident without the permis
sion of the court and unbeknown lo
counsel for the defense.
Yesterday's Maniago Licenses.
Thomas P. Regan Dunmore
Helen Cunnlnghnm Dunmore
Horace K. Althousc Heading
Martha l'arton Scranton
Court House News Noto3.
Court granted a charter yesterday
to tho St. Lawrence Total Abstinence
and Benevolent society, of Old Forgo.
Benjamin E. Watson was yesterday
admitted to practice at the Lacka
wanna bar, on motion of Attorney C.
R. Bedford.
Henry C. Hubber, of Northumber
land, was yesterday admitted to prac
tice at tho Lackawanna bar, on mo
tion of Attorney IT. M. Hannah.
In tho matter of the estate of Frank
Pettlgrcw, Alexander Frew was ap
pointed a committee to take charge of
the person und the estate. Ho gave a
bond In the sum of $S0O.
Thomas J. Hayden yesterday tiled
exceptions lo the report of the Hon.
John Qulnnnu, who recently mar
shalled the accounts of Lackawanna
township. IU contends that his claims
were in tho form of judgments and
that they wore Ignored by the marshal.
He claims that judgments constitute
an indebtedness which the marshal
cannot ignore.
NO GENERAL PARADE.
Catholic T. A. B. Societies to Aban
don Idea This Year.
The board of government of tho
Catholic Total Abstinence societies in
the diocese of Scranton has decided to
havo no general parade this year, on
account of the stilkc. Tho parade was
to have been held ut Hazteton.
Tho societies of the various districts
will probably havo local parades In
lieu of a general parade, and a meet
ing to make arrangements for tho
holding of a parade in this city was
held last night at the homo of Presi
dent Daniels, of the First district.
MUTUAL DISAGREEMENT.
Mr. and Mrs. George Scheimer Ar
rest Each Other.
Mr. and Mrs. George Scheimer, of
Pfnn aviiue, had each other arrested
yesterday and arraigned before Alder
man Mil'ar charsed with assault and
battery. Mrs. Scheimer claims that
for some time her husband has been
beating and abusing her, and yesterday
afternoon the climax came, when he
struck her in the face.
Mr. Scheimer alleges that he merely
gav.- his spouse a love tap, and says
that she threw a bottle at him. Both
husband and wife wero held In $300
bail.
MAY BE CURE FOR
CONSUMPTION
Dr. George Benton Massey, of Phila
delphia, Tells of Successful Treat
ment of Tuberculosis.
By Exclusive Wire from Tho Associated Press.
Philadelphia, Oct. 1. Dr. George
Benton Massey, of, 1831 Chestnut street,
claims the discovery of a new method
of treating tuberculosis, and ho says
he has effected two absolute cures. In
speaking of the new method today, the
doctor said:
"My process Includes nn enforced
sterilization of the nlfected part. This
is accomplished by tho production of
the electrolytic salts of mercury In tho
midst of the geim colony. The salts
are then radiated through the sur
rounding diseased tissue from a gold
electrode by a mild current of elec
tricity. This operation must bo repeated at
least twice a week. A small puncture
Is made In the skin of the nock, under
a cooling spray, which deprives that
portion of the body of all sensation.
The opening is made with a sharp
needle directly over the enlarged gland.
"Through this opening a tiny gold
tube Is inserted, and through the tube,
which Is in reullty a hollow needle, a
drop of quicksilver Is Injected. This
quicksilver Is Immediately changed inti
electrolytic salts of mercury by the
application of a very slight electric
curient, which is passed through tho
needle. Tho salts are an antiseptic and
by the action of tho electric curient
are radiated through tho diseased area.
"This treatment will usually effect a
cure within six weeks. A deslrublo
feature of this method of treatment Is
the fnct that patients are not obliged
to desist from their ordinary duties."
Dr. Mnssoy recently explained his
method to tho electro-therapeutic so
ciety in Now York.
.
MAN'S HEAD IN A PAPER SACK.
Grewsomo Find Neav Hetzler's Pier
at Cedar Lake, Ind.
tly Exclusive Who from Tho Associated Press.
Crown Point, Ind., Oct, 1. A telo
phone message from Cedar Lake to
Sheriff Lawrence to-night tells of tho
grewsome find of a man's head tied in
a paper sack, lying in several feet of
water near Hetzler's Pier on the north
side of the lake, No particulars were
given,
Tho sheriff left for there at once to
Investigate,
THEATER CENSOR VERY STRICT,
i
Few of tho New German Plays Have
Escaped the Blue Pencil.
By Exclusive Wire from Tim Associated Press.
Herll, Oct. l.-OwIng to Emperor
William's special wl3hes, tho theatre
censorship throughout Prussia Is now
much more stringent than formerly.
All the new plays submitted for cen
sorship In Berlin for tho coming sea
son have been either forbidden outright
or gleatly modified. The .objections
were largely of a political or social
THE CITY HAS NOT
PROCEEDED LEGALLY
OPINION OF JUDGE ARCHBALD
IN POPLAR STREET CASE.
Says That Until tho City Takes tho
Proper Stops to Havo tho Street
Opened tho CoPipany's Rights
Must Bo Protected Construction
of Sewor Did Not Open tho Street.
City Given Thirty Days In Which
to Provide Tor Opening of Strcot
as Provided by Law.
Judge It. AV. Archbald, In an opin
ion handed down yesterday, on tho
existing differences between the Dela
ware und Hudson company und tho
city of Scranton, ttnent the Poplar
street crossing, decided that that
thoroughfare docs not extend across
the tracks of the company. Ho gives
tho city thirty days In which to take
the proper steps to open the street,
and says that If those steps are not
taken within that time, the restrain
ing injunction granted the company
will bo made permanent.
Tho facts In tho case are well known.
Tho city took steps to open Poplar
street across the Delaware and Hud
son tracks In order to afford means of
Ingress to the Scranton Bolt nnd Nut
works. Tho railroad company Imme
diately erected a fence Just tho other
side of the tracks, barring all en
trance to the Bolt and Nut company's
plant. This was torn down by order
of the mayor and was ugaln erected
by the company.
It was torn down a second time by
tho city and Is dovn at present. Both
the city and the company secured In
junctions restraining each from both
ering with the other. Both of these
wero disposed of and then court took
a hand, granting an Injunction, lo the
company, pending a decision to bo
given' after the submission of both
sides cif tho ease.
CITY'S CONTENTION.
The city's contention is that Poplar
sliuut already extends across the
tracks, inasmuch as on the maps of
the Lackawanna Coal and Iron com
pany ceding the land to the city, the
street crosses the Delaware and Hud
son right of way and also by reason
of tho fact that a sower has been con
structed, crossing this right of way,
and emptying into tho Lackawanna.
An ordinance has alieady passed both
councils and has been signed by the
mayor formally accepting the street
from the Lackawanna Coal and Iron
company, It having been thought that
this action alone would bo sulllcient to
establish at light of way across the
tracks.
Judge Archbald, in ills opinion, after
citing the facts In the case, contends
that the map referred to was for the
puiposo of description only and that
it Is not intended to limit the grant,
but merely to locate it and show the
surroundings.
The ordinance laying out the sower,
he says, accepts tno street as far as the
city is concerned, but the recognition
of this sewer by the company was not
necessarily an acceptance by It of tho
street on which it was laid. The per
mission to construct this sower was for
that purpose only and was not for tho
opening of a sixty-foot stteet across
the tracks.
"The city hns the right to repair
this sewer," says tho judge, "but no
larger privilege than this Is to be im
plied." The judge afTirms that the city has
a perfect right to open a street across
the right of way of the company, pro
viding the proper steps are taken.
These proper steps havo not been
taken, ho says, and therefore tho com
pany is entitled to havo Its rights pro
tected by Injunction. Continuing the
opinion says:
ACTION NOT SUFFICIENT.
It was suggested at the healing tint an ordi
nance would be put tlunugli councils lemedj
ing this, and the linal dh position of the cise
was defencd to allow- of its being done. 'Ihc
result, however, is a di-.ippolntment. The ordi
nance which was passed Aug. :il last amounts to
nothing in tint illicction. It consists inciely
of a rccitnl ut borne of the facts which bear
upon tho Mtuition, and a dcclaiatioii in opposi
tion lo the contention of the railroad company,
that tho klieet had been opened by virtue of
them. It would bo convenient, no doubt, to
dispose in this-.way of the controversy by which
the city is confronted, but it is not to bo done
by any such councilmanlc say-so. Nothing short
of that which Ins been pointed out above will
do. To penult the pioper bleps to bo taken
in case the city autlioilties, after filling of this
opinion, arc so inclined, the final decree will ba
defened a reasonable time; but unless they avail
themselves of this privilege' the Use of the
crossing in opposition to the lights of the rall
io.nl company must be restrained.
The following order is then append
ed: Let this ease stand ocr for thirty dijs, within
which time, if due action be taken by the city
of bcrantcm to open the htrcrt in contioveisy ae
coiding to the btitutcs In such iaso made and
provided, the bill will be dismissed on pijmcnt
of cost; but if not, let u decice be cnliiid
aunidlug an injunction as piajcd for in tho bill,
with costs lo bo paid by said city,
lly the Court. It. W. Aichlnld, P. J.
The necessary legal stops referted to
by the judge are tint passage of ordin
ances declaring tho street open and
providing for the appointment of view
ers to assess any damage which might
bo caused by the opening of the street.
The ordinance declaring the street
open has already been passed, as men
tioned nbovo, and It only lemalns for
councils to provide for the appoint
ment of viewers In caso they wish tho
street opened,
"Best Milk for Family Use."
"Babies Thrive on It."
Ilullds up tho Drain, NcrviJ and Tissue.
Enriches tho Dlood. Is equally Unellclal
to both children and adults. ,
Tai(o not eluded.
I'scd for all purposes.
Tor Balo by
DRUGGISTS AND GROCERS,
fVWVVW'WVi(.
When You
find that wo can soil China, Glass, Bric-a-brac, etc. nt tht
same prices or loss than out-of-town stores, are we requesting too
muoh when wo ask you to spend your monoy in Soranton P Can
you dotormlno what valuos we can give you unless you come and
see P For quality you will find no hotter anywhero. We buy di
rect from European manufactors which gives us new goods at the
earliest possible moment and oftentimes boforo others. If you
want to buy a gift, a pioco of bric-a-brac or china, all wo ask is to
look tho stock ovor, get the prices and we will leave it to your
bottor judgment to do tho rest.
CWvxvaTYfaW.
Geo. V. Millar & Co. R-SLSS'
iMrMIWKrWrWrWrWWrTOrmWrWMW
A G9M
CASEY BROS
We make teeth to suit jou and your friends.
W'u guarantee to please jou or no piy.
Wo keep work in repair free of charge.
Wo evimluo and extract teeth free of charge.
Our 'Crown and
$3
Per
Tooth
Bridge Work...
All work truarantced for 10 yens. Call
and have your teeth examined. Satisfaction
or no ps.y.
4055S29t.
JJMJ
Now Is the Time 6 Buy
Kitchen Tinware.
Our Tinware Sale is a 'great
astounding number of tin
days. During this sale the
more not mentioned here,
5 Pails
Best Lunch
Wash Basins
Bread Tins
Funnels
Id the City
0 Oil Cans
I
J. D. WILLIAMS & BRO.
312 and 314 Lackawanna Avenue.
ZmM&
(Trade Mark Registered.)
Cleans you so clean
that nothing else
seems to clean you
clean.
dainty housewife may use costly toilet soap
and lemon juice to
fingers, butZENOLA would serve eacli better,
and leave the hands soft.
At urocersand DruBKlsts, gc- and ioc. (Zenola Toilette as Cent,)
THE ZENOLA COHPANY, Philadelphia
CUSHMAN BH05. CO., Distributor.
New York Philadelphia Uujton
If
A f fc j' gh
n m 1 bJJL.
WWIMD
The J. A. Banister Cos Shoes for Men
Best in the World. Always in the Lead.
AWARDED FIRST PRIZE
At Vienna in 1873. At Philadelphia in 1S76,
At New Qrlenns in 1884.5, At Chicago in 1893,
AT PARIS IN 1900 GOLD A1EDAL.
EXCLUSIVE
D nCWuffSOtoSy
No Use Talking
You cannot miss satisfac
tion here because quality
and economy are certain
ties. Our s
Green Valley Rye
will convince you of tills
fact.
216 Lackawanna Avenue,1
Scranton, Pa.
PHONE S1GS.
TEETH
$5 SET 5$
Better come in ind talk to nt
about your teeth. Wo believe you
will appreciate) the work nnd our
low prices. Wo will save you
nearly one-halt on all dcnttl
work.
Wo make a specialty of Crown and Bridge
work and if you have any old or decayed
teeth, come to us and wo will make new
ones out of them tonyou.
Dr. Reyer, Dentist
514 Spruce St., Opp. Court House.
Fresh
Baked Stuffs
Daily.
2-
success. We have sold an
things during the last few
lollowing articles, and many
can be bought lor Ten Cents ;
Graters Lunch Boxes
Coffee and Tea Pots Dish Fans
Cake Tins Fie Tins
Cullenders Toasters
Egg Beaters Strainers, etc.
The swarthy engi
neer may use strong and
harmful soap to clean
his oil-grimed hands ;
the busy servant may
use alkaline flesh-eating
soap powders to wash
her kitchen floor: the
A
remove the stains irom ner
ntiv
wi
AQENTS.
4
VJ&bHh:
jtS.sftifcittr
.- jfa O-.-hbMatftrtWSifM-st, -,,.- -'
i tJS&tiu.

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