THE COLUMBIAN AND DEMOCRAT, BLOOMSBURG, COLUMBIA COUNTY, PA.
A 1 ...
POWDER
Absolutely Pure.
, This powder never vat Ics. A marvel of purity
sfrenirth and wholcsomencss. Moro mrnnmii
than ordinary klnd and cannot bo sold In compe
tition with the multitude of low test,short wetcht.
slum rvm ntinanhola twinulnra Iiaij 1 . '
muut u liuuapuu iwnuwi EMJIU UII y JQ CADS.
The Columbian
BLOOMSBURG, PA
FRIDAY, NOVEMBER 18, 1887.
COBBLIT B11LWUD Tl TABLK.
ULOOMSUUKtl & SULLIVAN RAILROAD.
SOUTIL NOIlTn.
Arrive. Arrive. Leave. Leave.
HTATION8. r. M. A. M.
A.M.
r. M
Bloomsburjr,.. IB 8 CO
Main street 1 41 . !H
Irondale 1 41 "60
l'apcrMUl 1 M 1 41)
LigUtstroct 1 S3 T 35
oranirevllle 1 13 7 S3
Forks, 12 67 J 11
Tubbs... -. IS 50 T on
Stillwater is 13 7 00
Denton, IS 30 0 Bo
Leave. Leave.
r. M. A. M.
B 43
8 49
9 00
V H
8 !i!
9 40
9 t8
lu 03
10 13
10 30
8 40
e 42
n 43
6 M
II 3s
7 10
7 i
7 5f
7 3.1
7 45
Arrive Arrive.
A. M. r. M
Trains on tho T.
follows :
NORTH.
7:14 a. m.
2:10 p. m.
it. U. It. leave Rupert as
south.
11K7 a. m.
6:30 p. m.
0
Trains on tho I). L. 4 W. 11. II. leave Bioomsburg
aaiouowsi
M0KIU. SOUTH.
7:11 a.m. 8:32 a.m.
11:07 a. m. 13:03 p. m.
i!.S4 p. in. 4:18 p. m.
6:38 p. in. 8:47 p. In.
Trains on th N.4W. 1). Hallway pass Bloom
Ferry as iouowb :
NORTH.
10:4S A. m.
. p. in.
SCNOAT,
NOKTTI.
;o:iea m
BOOTH.
11:34 a. m.
419 p. m.
SOUTH.
6:39 p m
NOTICE !
H
cent
V. White & Co. pay one
per pound lor goou ary
1 e 11
Buckwheat
Notice to Tax Collectors.
An act of the Legislature and approved
June 2od 1881, (Sco pamphlet laws, page
45) requires tax collectors, towuship and
borough officers to make return of seated
and Unseated lands upon which no proper
ty can be found from which to make taxes
to the County Commissioners on or before
the first day of January next, with a enlll
dent description by boundaries or other
wise, of each separate lot or tract and
about tho quantity of tho Bame. Those
who fail to make returns by said day will
bo held for such loss. Taxes so returned
become a lien against Iho property so re
turned. We have blanks on which these
returns aro to be mado and will furnish
them upon application of collectors.
Uct 28 tf John LI. Casey, Corn's Clerk.
Notice to Tax lncrtt.
The taxpayers of ISIoomsburg are here,
by notified that the dog, Stale and county
taxes must bo paid on or before tbo 23rd
day of Dec. 1887, as five per cent will be
.added after that date, and five per cent,
will be added to school tix alter January
:2nd, 1688. Tho poor tax Is also in my
,hands for collection and should be paid
without further delay. Otilce at my reti.
.dence, Iron street.
llloomsburg Nov Oth, 1887.
It. Stiles, Collector.
Far Sale.
1 pray mare, 4 years old.
1 brown mare, 4 years old, llonny Doon.
1 draft horse.
White, Conner & Sloan,
novlS. . Orangevlllc, Pa.
Buy Lester's Binghamton Kip
.Boots. Best made.
Personal.
Hov. Stuart Mitchell went to Pniladel
phia on Tuesday.
Mr. and Mrs. Geo. E. Elwell spent
fore part of tho weok in Philadelphia.
tho
J. C. Fitzpatrick, a former clerk at the
Exchange Hotel, was iu town during the
pastvcek.
Dr. Itoss, homeopathic physician nt
Scranton.vlsited at Mr. I. B. Kuhn's Thurs
day of last week,
Isaiah Rupert is now employed a tele
graph operator at the D. L. & W. depot in
this place.
Everything in tho grocery lino and under,
wear nt J. W, Ylngei's, Rupert. 3w
Trade dollars are now worth sixty cents.
Gum boots and felt boots at J. W. Vlng.
rr's, Rupert. 3w
Mr. M. P. Lutz is having a klate roof put
con his residence on Third street.
ilarman & llassert have tho finest coal
iln the market. Give them a call.
W.J. Correll and Company havo reshing
Ued tho roof of their store building.
B. F. Peacock is a buppy father. A
daughter was born Monday afternoon.
U. W. Sloan s building an addition to
tiie rear of his home oa Market street.
Dick Sands' Continentals at the Opera
House Saturday evening, November 19th.
TlwwioBt iXMcfortablo truss and support
wis the rubber clastic. Consult Dr. J.
Schuyler. ' aw
.Several of our young wen are taking
business courses at colleges In Wilkesbarre
and Bcranton.
Just received, a fine lino of oilcloths at
J. W. Ylngcr's, Rupert. Uy tho yard and
In patterns. Sw
Secure your tickets at Dentler's for tho
G. A. It. ontcrtalnmsnt at tho Opera House
Friday evening,
Paul E. Wirt, Esq., is making some ex.
tensive improvements upon his residence
.on Fifth street.
' Try E. Jacobv's "Peerless" extra select
TyUrs aid his Kalamazoo celery for your
Thanksgiving dinner,
Two young ladles were Immersed in the
baptistry ftt tho Dapust cuurcu ouuuay ove
'nlng, Rev, J. 1. Tustlu officiating,
W. B. Moycr hu broken ground for the
'erection of u new residence in tho lot on tho
corner of Market and Third streets.
Harman & llassert havo entire control
(Of tho Bale of tho celebrated Kingston Coal
iln Columbia county. Wholesale or retail,.
.v uuw nno or hats and caps at J. W.
iukct b. inmrrt. n
' Off
Next Thursday will i.n ti,.-i..-i.i. nav,
"ay. Only ono mnnili frnn n. ....7.
Christmas. Tim . I. .1 . .. .
. . - - ". lucu UUlll I
close. -.-".us
If thcrn Ift nnvit.1 i ..
need. callonJ.W.Ylngeratltupcrt, and
- .... uu ,uu wen. Hock hfltlom nrtr...
and don't you forget It." . 8w
Mr. McNall, student
VCr&ltV.nrenrlina fivnvt, a i .. I
., " , " wv. ouuuay m m0
uapusi church at this nlaro
Ho will 1
preach Sunday, November 27th.
Work on the new rcsldi-nm. n
n ' -' w. v. ij,
rrrlni V.n t I i. - . ...
- ...up, u3ii. 10 u.iviuz mil t nn iitir..
Malu street, U going on rapidly, h wl bo
a uanusomo unlldlng wheu completed.
As theio aro n number of Union churches
in me county, ihe oplulon of Judge Elwtll
in uiu iocusi township case will bo of In
icresi 10 many of our readers. It Is print
cu ci;cwnero
ii your uiuggist has not got Dr. ShaU
tuck's Rest Oiiro Speclllc, the new kldnev
and liver remtdy, or will not get It prompt,
ly for you, the Hest Cure Specific Co. will
forward It and prepay charges on receipt
01 mc priec, l or $5 for half dozen.
The Phllologlan Society has sent nut Una
Invitation cards announcing their Llterarv
re-union to taku place In Normal Uall I
Thursday November 2tth. Tho exercises
furnished by this society upon these occas-
Ions, have been highly commented upon,
inoso lavored with Invitations should not
fall to be present. Exercises commence
at 8 o'clock p. m,
Tho pupils of tho Model bchool and Music
Department of tho State Normal School
will gtyu an entertainment consisting of a
Cantata, "A Merry Company 01 the Cadets'
ncnlc," and other vocal and Instrumental
music, In Institute Hall, on Friday evening
Nov. 25lh, beginning nt 7.30. Admission
10, iw, una 00 cent", ueservccl seats may
be secured at Clark'u book store.
Dick Sands' Continentals will hold tho
boards at the Opera House next Saturday
evening, November 10th. Look out for tho
parade of the Continental lland at noon,
headed by liarnum's $10,000 drum major.
The troupe embraces a number of fine
specialty artists, and a first-class moral
entertainment is guaranteed by tho manage
ment. See largo bills for particulars.
Don't fall to attend the entertainment at
the Opera House Friday evening unaer tho
auspices of the G. A. It. The programme
will consist of select readings by Mrs.
Margaret Custer Calhoun, interspersed with
vocal and Instrumental music. Mrs. Cal
houn is a finished elocutionist; she is a
slater of Gen. Custir, and Is said to bo very
much like him In appearance. Let thcto
bo a large audience to hear her.
Do not let your prejudices against patent
medicines extend to Dr. Sbattucks Rest
Cure Specific, the new cure for llrlghts
Disease and all kidney, liver and blood dis
eases, for this Is not u patent medicine but
scieutiflc prescription of a skillful physl
clan who has tested it iu all complications
through yars of practlee, and has consent
ed to put it on the maikct only because It
cannot be properly compounded In small
quantities.
List of letters remaining in Post Office
at Benton for tho month ending Oct 31st
1887.
Thomas Eveiett, Mr. J. W. Cole, Joel
IJenlon Esq , Mr. William Kllngcr, Mr. O.
B. Melllck (3), Mr. Jacob Snyder, Mr. O.
O. Snangler, Mr. Daniel Roberts, M. C.
Sparran & Co.
Pcrsous calling for these letters will
please say "advertised."
Ella E. Aitlkman, P. M.
List of lcticrs remaining In the Post Of
fice nt Bioomsburg for week ending Nov.
15, 1887:
Mrs. A. Atbacost, Mrs. Mary Glassmeycr,
Miss Sadie A Gensel (2), Mr. George F,
Hufuaglc (3), L. B. Lundls, U. F. Relghart,
Mr. Phillip Rauble.
CAltDd.
Miss Alice Crawford, Charlotte Grauc,
Mrs. Maria Hess, Mrs II. A. Shollcnborg
er(2).
Persons calling for theso letters will
olease sav "advertised."
UEOHOK A. ULAF.K, I HI.
Mr. E. N. Pcrrlu of New York City and
Miss Martha l Drinker of this place were
united in marriago last Wednesday mflrn-
Ing at tho home of the bride's parents on
south Mbin street. The ceremony was
performed at ten o'clock by Rev. W. O.
Loverett In tho preseuco of about thirty
guests, after which a sumptuous wedding
breakfast was highly enjoyed by nil. Tho
happy couple left on the 12:07 train at
Rupert for Washington, from which place
they will go South, where they will spend
the Winter. The Columbian extends con.
gratulatlontL
Tho world's days for prayer by tho Wo
man's Christian Tcmncranea Union were
properly observed in Bioomsburg. Batur.
dav's o'aver and nrniso service held In
Lutheran church, couductcd by Vice Presl
dent of tho same church, was well attended
and great interest manifested. Tho three
o'clock service on Sabbath, held in Prcsby,
terian church, was conducted by County
Presldeut. She opened tho meeting with a
very appropriate address, urging and In
sisllng on every Christian woman to unite
her efforts with thoso who are already en
iraircd In Christian Temneranco work. Tho
productions by the ladles wero well render
ed and we feel that the meetings through
out wero fully appreciated, ana very en.
couraglng,
Teuiperuuco sermons wero preiutueu in
all tho churches in Bioomsburg, Sunday
mornliig and in somo In the evening.
Con. Bed.
There was a good sized audlcnco at tho
Opera Houso Wednesday evening of last
weiK IV ueariuo iucuuguwuu wu...
Club, but It was not as large as 11 .noum
have been. It Is seldom that Liioomsuurg
has such an opportunity to hear good music
vb men given un- wueu u
ganizatlon of such Indisputable merit visits
us , it should bo greeted by a lull uouse.
Tho club Is now in Its thirty-elgntu season,
but at no tlmo has it contained nner mu.
slclans fbjjn at present, all bolng artists of
unexceptloniuo aouuy. iuo """""
here, though not large was eim apprecmuv..
All tho sollBts were encored, and each ope
nlaved a second well-rendered selection.
The Mcndelnoha Quintette Club is ono of
tho finest compaulei that has ever ueen in
our town and If they appear hero again
they should be greeted by a packed bouse,
tN,...nf Pond's Extiuot
liibCUUUiK )
.i' m.,n1, nrPPAtltloil tO VTC.
mUUUV ...-v.. t. .
vent substitution. Home drugglsts.traumg
on tho popularity of tho great family rem.
cdv. attempt to palm off other preparations,
ouslv assertine them to bo ''the
. n. Mwimil to" Pond's EniucT.in-
n, , ipn.lt noticed unon and
tliKrebv caused to tho pur,
.m i,m,r a9 larser nroflu accrue to
themselves. Alwayi Insist on baying
Pond's Extiuot. Take r.o ether. Sold in
bottles only, ncyer by measure. Quality
uniform, Prepared only by Pond's Ex.
tbaot Co., Now York and London. Bee
our name on every wrapper and label.
Iu the Common ricnaof Columbia
County,
II. NKIMAN ET. AL. TS. HSV. O. H.
DECUANT ET. AL.
iiatr ana Uuckalow for Plaintiffs, Yocura
and Freeze fot Defendants
OriNlON OF THE COURT.
Tho bill of tUe plaintiffs a'lcgca lntcrfer.
enco by the defendants with tho right of
the Lutheran congregation at NumcdU, to
occupy Bt. Paul's church building thcro
-i. . . .
suuaio uy uoiuing Sunday school therein.
lie prayer Is for a decree, to tho effect.
that they bo allowed to occupy tho church
for that purposo on erery Sunday In tho
year. The answer of tho defendant denies
tho riuht of the plaintiff to hold n Sunday
school In said building at any time, and
specially on Sundays when tho German
Reformed congregation have the right, as
hereinafter mentioned, to hold Bcrvlce In
the church building.
The facts found by tho master from tho
evidence, condensed, aro substantially as
follows! During a period of sixty eight
years, from 1817 to tho tlmo of filing this
uui, mc ijumcran congregation 01 JNumeula
and vicinity, represented by tho plaintiffs,
and tho German Ueformcd congregation of
the samo placo represented hero by tho
defendants, have alternately held congre
gational meetings for worship In a build
'nR Jointly erected by them on land pur.
cuaseil and held by trustees for tbo use of
tuc9 congregations. Theso rhutches dur-
lu8 ' time havo been, and are now,
separate and distinct religious douomtn.
auons, naviug diuercnt cuurcu govern
mcnt aud owing allegiance to different
supremo ecclesiastical heads. Unwisely, as
all experience has shovn such unions to be,
they agreed by articles bearing date the Oth
day of July 1810 to unite In tho election of
a building for thilr joint uso to bo called
St. Paul's Church. The Instrument by
which the union was created Is entitled,
"Church Declarations, together with thoio
privileges and church regulations of tho
joint congregation of the Evangelical
Lutheran and Evangelical Reformed High
German St. Paul's church, Columbia
county, Roarlngcreek township, containing
the fundamental principles of their Union
in regard to their hours of divine tmrthip "
In the body of tho ngreeinent, sundry mat
ters in respect to church affairs arc con
tained, but the only declaration or regula
tion In regard to the use of the church, Is
contained In the 14th nnd 15lh at tides, in
these words: "It shall bo clearly under
stood in both congregnllous that where two
preachers shall stand connected with tho
church, they shall, when possible, hold
divine service fourteen days from each oth.
cr. Should it so happen that they shall
come together on tho same day to hold
divine service, lie shall hold first who first an
nounced." "Should there be in the church
two funerals at the samo time, the one
who died first shall bo burled first without
regard to persons."
Under this agreement lh. se congrcga
lions had equal lights to the use of the
church building for the purposes for which
it was erected. What these purposes wero
must be ascertained from the written com
pact, as construed and acted upon by the
foundeis and their successors during tho
great number of years preceding tho recent
unpleasant .and unfortunate controversy.
In the articles two purposes only are spec!-
ncu ior which inn uuuaing was 10 tic useu,
to-wlt: preaching and funerals. Accord.
ing to the rule of logic the naming of these
purposes precludes the Idea that other ser.
vices were.to be held in the building If,
however, nthcr services had been held at
Irreculur periods, and without regard to
alternation between the churches, or, even
if Sunday schools had been held for a long
period of years in tho church building it
might fairly be presumed that such use was
in accordance with the understanding as
being embraced hy tho term "divine ser.
vice." So, on the other hand, the build,
ings erected by the congregution for wor.
ship not havlny been used during a period
of more than three score years for any
other purpose than those specially men
tioned, there arises a strong, it not con
clusivt presumption, that by tho term divlno
worship, was meant congrtgational worship
and not the instruction of children.
Tho Master reports, nn'J in this is sus
tained by the evidence, that tho building
erected In 1817, and that erected in 1871
both under the agreement stated, wero
used by tho congregations on alternate
Sundays, down to 1870, each having preach
Ing every four weeks, nnd after that tlmo
each having preaching every two weeks
and that tho limes of each were established
by common consent,
From 1817 to 1883 no Sunday school
was held in St. Paul's church by either 0!
these congregations. In 1877 on two or three
Sundnys n mission school was held but by
whom held and why discontinued, does not
appear In the evldenco Tho finding then
is, that for slxty-slx years, no Sunday
school was held In the church by cither
congregation.
In case of long continued user, courts
will presume everything consistent with
the user. Continued acquiescence by a'
nartlos concerned for "time whereof the
memory of man runnetu pot to tho con
trarv." cannot be rationally accounte 1 for
otherwise than by presumption that tin
user was according to contract, under
standing or grant, proof of which cannot
be made otherwise, because of the antiquity
of tbo transaction, it U on this ground
that after a gnat lapse of time, grants from
tho state, surrender of charters, nnd the
like, aro presumed. In the case of Bar.
nett vs. Paine 7 Watts 334 to sustain a user
by protbonotary to make certain certificate
es, the Court held, tljaj becauso of tho long
continued practice, they would presume
that It beiran under a statute not to be
found,
In Goss' Appeal. 73 Bt. Rep. 3D It was
held, that the understanding of the partle
evldeuced by user and verbal testimony,
should control in a case like the present
,tU0UKU tuo Urm MJvIne service" in Us
. . . Ialeut iUclulio t d inujy
. . ,t wag tbcro lltliJ tbat the slgnltt
. . (b , . eh3U,d ,j0 c.jnfluuj l0
. ,Q wl)lcl) ll)e congregation under
,H ,, ,. ,illiv entered into the ocreo
ment and arterwariia practiced uudor it!
. . th . cU wcte tl)al thochurch
Brecteii i 1818 under articles of uulon
, .. , lhoao , thl8 case Tno Court
Movr hM ,,r)lTne, Service" Included
Sunday schools. Thero was testimony
Saaii&y schools wero embraced in the
term, and tbcro was testimony that they
wero not. Jt was held, that however that
might be that the understanding 01 tho par,
ties must control, and the user or rather
non user of the building for Sunday schools
was jtoneidercd as an Important element In
ascertaining what w,s the understanding,
I . ... . .
lU UlU C&SO 110 WHUb Wft UCloru
. ., l.A lfnal4 al tl.a limn tl.n 0fl
mo "'"
CUUrCU was eicvivu. Jt 19 UUI
(hat fl.ny person who in 1810 was old
enough to know pr understand tho terms
on which the church was U) be built s now
living. Under such sircumstances the.
uwr fl'sae must be considered as having
been In acflordanco with the compact
union. It Is suggested In argument that
tho reason why Buoday icliools were not
provided for in the article was, becauso
they wero not known at that time, If tbls
assumption is correct.then they wero clearly
not Intended to be embraced by any of the
terms or language used In tho contract. It
they wcro known us a constituent patt of
worship, tho fact that nono was held for
moro than ton generations after tho orcc- I
tlon of tho church, is eonefuiire evidence that '
it was understood they wero not to bo held
In tho church
The Master finds and tho evidence sup.
ports his report, that tho Lutheran congrc
gallon as before stated, has at all llmtA
hitherto enjoyed its privilege of worship
on Its allotted day, nnd that It has not been
prevented from holding Sunday schools
on nny day when by the arrangement the
building was to bo occupied by tho Luther
ans. Tho complaint upon tho injunction
part of the bill then Is that they havo been
prevented on somo three Sundnys from
holding a Sunday school on what wnB
known as tho German Reformed day.
The wero warned In writing on tho 10th
day of July 1883 not to have Sutiday schoot
on the German Reformed day unless it was
for a Union Sunday school. But tbo Luth
erans, very properly, desired to hold only a
distinctive Lutheran Sunday school. This
was their right, but It was equally tho
right of tho German Reformed congrcga.
lion to object to a Lutheran Sunday school
on the Gorman Reformed day. Wo there
fore confirm that part of the master's re
port in which ho holds that the defendants
deprived tho plaintiff of no right by ex.
eluding them from holding Sunday schools
on the days when they wero prevented
from doing so. H is suggested in argil.
menl that tho plaintiffs have acquired
rights by user. This claim has no support
In the fact?. Tho first Sunday school wa
held in tbo school houso In 1882. In 1833
notice was given as before stated. In 1885
the German Reformed officers for some
three Sundays prevented tho holding of
Sunday schools on their day. Tho claim
now set up has been protested ogalnst
from tho first, It was first mado within two
years preceding tho filing of thls;bill, and
has neither contrcct. length of tlmo nor
undisturbed enjoyment for its support.
A word moro on this subject. This is
question simply In regard to the rfoAl of
pi-rmerfw nnd thcrctorc. however desirable
to have Sunday school for the religious in
mictions of the youth of ,he congregation
tho rights of others cannot legally bo en
cioachcd upon for tho accomplishment of
such a purpose.
Evidence was given before tho master In
cgard to removing the portablo organ be
longing to tho congregations from before
the chancel to the gallery and from the vnl
lery to the chancel,but as this Is a mere mat.
tor of taste, and la the cause ct no serious
difficulty, I do not think that tho Court
should be called upon to decide whether
tho gallery or the chancel shall be tho place
of permanent location.
The master reports that tho counsel
for the plaintiffs withdrew nil questions
In regard to the removal of tho organ,
This Is denied in nn exception to tho
report. But, as there is nothing before
the Court to dispute the statement of the
master, wc must receive that as the fact.
In respect to the allegation that tho
church bulldlne Is out of repair and that
the defendant church refuses to contribute
to repairs, tho report of tho master is,to the
effect, that both congregations aro negligent
in this respect, wo are of tho opinion that
pon that ground neither congregation can
Invoke relief from a Court of Equity,
In respect to tho occupancy of tbo build
Ino bv the Lutherans for the purposo 01 a
Sunday school on the alternate Sunday al
lotted to that congregation, there Is some
inconsistency on the part of the German Re
formed side of the question. By the notice
0f July 1883 the Lutherans wero required
not to hold Sunday school on the Reformed
day. At a meeting in August 1884, intend.
ed a n joint meeting of the congregation
of which notice was not regularly given to
the Lutheran congregation, and at which
but few Lutherans attended, it wns resolved
that no sectarian Sunday school should bo
held in the church. In the third para.
graph of the answer of tho defendants they
deny the right of tho plaintiff congre
gation to establish and maintain Sunday
schools in the church building.
In the seventh piragraph of the answer
they say "thatneitlnron thelCth day of July
1885 nor at any other tlmo.or times did we
deny the privilege of tho Ev. Lutherans.
plaintiffs, to use the building on each alter
nate Sunday for public worship or tho use
of a Sunday school for their congregation.''
In tho concluslou of the answer the prayer
is "to be restored. to our rightful exclusive
use, possession and .occupancy of tho said
church building on every alternato Sunday
as before the Intrusion of tho plaintiffs."
The master reports that "an tbo argument
of this case before me the solicitor of the
defendant withdrew all opposition and ob.
jection to the uso of the .church by the
Lutheran Sunday school upon the Lutheran
Sunday. Therefore the qucstlou of their
right to use tho church upon that day I am
not called upon to dispose 01." I his con
clusion of tho master is excepted to, not
because It doos not state tho fuct correctly,
but because "all rlght.to maintain a Sunday
school at all were denied by tho third para
graph of tho answer, Ihe master ought un
der the evldenco to have reported In ac
cordance with said paingraph."
On referring to tho evldenco taken by the
stenographer and reported by tho master, I
find that Rev. J. II. Neiman being on the
stand as a witness ho was asked "Can the
plaintiff as pastor and officer of tho Evan
gcllcul Lutheran church conform to tho
regulations and discipline of the general
pouncil unless they establish and maintain a
Sunday school In which aro taught the
doctrines of that church, and me tho ko
son leaves and papers, as published and
recommended by chuich authority?"
To that question counsel for defendant
object. "2. Becauso tho establishment and
malntafnancu of a Sunday school especially
for the leaching of the doctrines of that
church on tho several Sundays when by the
custom of tho congregation, tho plaintiffs
occupied the church building for Dlylne
Services has never been and fs not now ob
jected to by the defendants."
I have quoted tho abovo at length to
elmw (haf (ho master committed no error
in repeating that before him. opposition to
tho holding of Sunday schools by the
Lutherans on their day for worship, was,
at least for all purposes of this case, aband
oned. In tbo face of all this, If bo said
anything In reference to the rights of tho
Lutherans on their day, bo could not find
otherwise than he did. But as the master
found that tho plaintiffs were not Inter
feted wtt) nn any day when they bad legal
right to bold a Bunday sohool. thorp was
no occasion for invoking tho strong; arm
of tho law to restrain tho defendants. They
closed tho doors of tho church agalust a
Bunday ectiool only on 'days when tho
Lutherans clearly had no right to enter for
tho purpose of a school. Ju looking over
the wholo case it appears that the whole
d)fnpu)ty lias arisen from what, no doubt,
was an honest though ruistakeu claim of
right, on the part of tho Lutherans. They
believed tbey bad a legal right to hold their
Bunday school In tho building, when as we
arc pompellcd to hold, they could only do
sy by ponsent expressed or Implied, As
no such cqnscnt has been given for any
other tlmo than Iho daya on which thoy
have prpaclimi;, and as on those days they
haye not been Interfered wlti, thoy lavo
no ground for an Injunction, and tho mas.
tcr properly recommended, that a decree be
mado dismissing the bill so far as regards
tho prayer for an injunction,
Hy the Act of 1830, Ilia courts pf com.
nion pleas liavo tho jurisdiction and power
of a court of chancery in tho "supervision
and control of unincorporated societies or
associations and partnerships.' The extent
to which tho court may go In the exercise
of this power is clearly sot forth In Henry
et al vs. Dcltrlch ct al 3 Norris 330 el iej.
Tho power tbo tupenUt and control does not
authorize to court to pice rights where nono
existed before. They may restrain a maj.
ority from depriving n minority of Its
rights, and may otherwise control in mat
ters of dtsputo In respect to tho rights and
privileges of members of religious associa
tions, consistently with tho lavs of the or.
ganizatlon nnd tho articles of association.
If under theso articles Sunday schools arc
by user or otherwlso excluded from being
held In tho church building, tho Court has
no power to decree against tbo consent of
ono branch of tho association that they
may bo so hell. Wo may prevent wroncs
out wo cannot comer iiguis.
Wo cannot decrco as recommended by
the maBtcr, that henceforth tho building
may bo used alternately for Sunday schools
for the reason before stated, that accord
ing to tho bond of union between theso
two churches, as construed by themselves
such uso Is not ono of tho privileges pro.
vlded for. By content It may bo so used,
but wo cannot decree that consent shall
be given. We think these churches would
do well to adopt by agreement what tho
master on this subject recommends. We
decl'nc, however, to so decree, on the
ground that wc have not jurisdiction to
grant privileges which did not before
legally exist.
In respect to the application for an order
of sale of tho church building and ground
upon which It stands, wo decline to make
tho order, not being satisfied that wo havo
power to do so. The tenancy by which
tho title to this property is held is peculiar;
It is not a tenancy In common. An action
of partition cannot be maintained by cither
party. Tho two bodies aro held together
by their own contract. They have agreed
that tho property shall be used in a panic
ular way, and neither body has tho power
to divert it from the purposo intended
Nevertheless I am of opinion that the title
of ono of theso congregations may be con
voyed to the other. In tho tltlo deed tlare
Is no condition upon which the property is
to bo held.
which the land is granted does not limit
the estate. There being no clause of entry
for misuse or condition broken, tho grantor
hn9 no further interest, present or contin
gent. The grantees then having full till
may, If they so agree, convey a perfect title
from ono to tho other, and to a stranger,
not diverting tbo proceeds to a different
purpose from that originally Intended, to.
wit; the procuring of a houso of worship
by these congregations jointly or severally,
This is not a proceeding to enforce
specific performance of any contract
sale heretofore alleged to havo been made
by offer and acceptance, and we decide
nothing In respect to that, but deem it not
improper to say, that in our opinion, object-
Ions to tho compromise proposed to
made, coming from a minority of elthe
congregation ought not to be allowed
to
defeat a measure which would end th
difficulties between these churches
secular matters affecting the property of
church the majority have a right to act,
and the minority must submit. Under the
facts in this case I have no doubt that
these 'cnurches can, if tbey will, compro
mise their difficulties and if need be, make
a salo of their properly, other than the
burial ground, to a stranger or from one to
the other making a perfect title.
In caso of failure to agree to make neces
sary repairs or otherwise to keep up the
property according to the letter and spirit
of the compact or to consent to a sale, there
should bo some remedy for tbo party de
slrous, and willing and offering to do its
part in that respect. It has never been held
that tho power of control and supervision
of unincorporated associations extend to,
or authorize the Courts to order a sale of
the property in respect to which a dispute has
arisen. There baye been many such cases
within a few years past, but in none of
them has a salo been ordered to end dis
putes.
l conclude that the reason wh; this has
not been done U, because of the doubt us
to tho jurisdiction of tho Court. That they
ought to have the power is illustrated by
this case ; both parlies neglect their duty
in regard to repairs, and in all respects
there appears to be such general disagree.
mcnt, as to make it very desirable that
their joint Interest in tho church building
suouia do sevcrcu.
A sale of tho property with a doubt as
to the power ot the Court to order It,
would undoubtedly be to sacrifice the
property as neither strangers nor one of
tho churches would be willing to bid much
for what might be deemed a doubtful title,
or at the least ono which would probably
ue the subject ot litigation
Jurisdiction to order u salo In such cases
sliould.be expressly given by the Legisla
ture. Iu the absence of statute to that effect,
and of any preocdent for S3 doing, I think
It would be a bold measure to be. inatigu.
rated by a subordinate Court.
In orJcr to givo to the plaintiffs an op
portunlty of review 1 placo my refusal to
make tho order as requested mlely on tho
ground of want of power,
Holding theso views we cannot consist
ently Impose cons on tho defendants.
If, as the master held, and tho Court has
concurred, the defendants were guilty of no
wring in closing tho doors of tho church
when tliey did. If tho plaintiffs havo
hitherto enjoyed all tho privileges they aro
entitled to, tho proceeding by injunction
was groundless. And If, as wo hold, tho
Court has no jurisdiction to decrco a Bale,
the defendants are not in fault In resisting
an order that a sale bo made. Not being In
Cither of theso respects in fault, we cannot
properly Impose costs upon the defendants,
nor can wo upon nny prlticlpln governing
Courts In such cases, qhargo them with
costs becauso they object tQ Sunday schools
being held on their day for preaching, nor
because they did not c arry out tho sale aB
offered and accepted, becauso in the pno
matter they violated nq law or cga right,
and the otljer ws apparently in conso
quenco ot objectiqns and tliroats by a large
uilnorlty of (lo plaintiff church. All ex.
ceptlons to tho finding of facts by tho mas-
tcr are ovorruicd. ills conclusions of law,
(.though not his reasoning on all points;aru
confirmed. Tho exceptions by tho defend
anis to iuo uecree recommended aro bus
taneili 0 far tts rcgar(i8 tho U80 0, tbe
church building fop Siinay octiqqls, and
mo cosis. I no consent heretofore Implied
ly" given for such usoon alternate Sundays,
docs not confer a perpetual right, nor does
It authorize the Court to make a decreo to
that effect,
Therefore, instead of that recommended
by tbo master, wo mako tho following do.
cree;
And now, November 11, 1887, this causo
having heretofore come pq for hearing and
having been argued by counsel, It is unon
duo consideration thereof, order, adjudged
and decreed, that tho bill of tho plaintiffs
be dismissed, and tbo prayer therein that a
salo of tho property therein described bo
and tho samo is hereby refused on tho
ground that thi Court has not jurisdiction
to decree such sale, and It Is ordered that
tho plalutlff pay the costs,
Wamsi Elwkll,
President Judge.
Warner1 Log Cabin Remedies old-
fashioned, simple compounds, used In tho
da)s of our hardy forefathers, aid "old
timers" but "old reliables." They com-
prise a ''SariapatUla," "Hops and Ilochu
Remedy," "Cough and Consumption Item-,
tdy," "Bcalplno, for tho Hair," 'Extract,
for external and Internal use, "Plasters,"
"Hoso Cream," for Catarrh, and "Liver
Pills." They nro put up by II. II. Warner
& Co., propilctors of Warner's Safe Rem
edies, and promise to equal the standard
valuo of thoso great preparations. All
druggists keep them.
BucceftBful operation.
Last Saturday Dr. .Shattuck, assisted by
Dr. Evans, pctformcd the operation for tho
removal of two carcinomatous tumors from
Mrs. Mary Furman with which sho has
been suflcrlog for tbo last thrco years. Ono
nvolvcd tbo entire right breast and tho
other filled tho axillary space Under tho
arm, tho removal ot which Is conitdcrcd
ono ot the most dangerous In surgery. Dr.
Shattuck spent nearly throe years In a can
cer hospital where he bad dally experience
in tbls class of operations. We aro glad to
learn that Mrs. Furman is doing well.
Death ol Mrn. Catharine Paxct'ou.
airs. Catharine fax ton aird at tho rest-
uenco or uer son x,ioyu at uuperi, Dunuay,
.November imb, at the advanced ago ol one
hundred years, ten months and eighteen
days. Mrs. Paxton bad enjoyed extremely
good health until about tho first ot July,
when her health began to fall and grad
ually alio waned away until be spirit de
parted. Few people attain the ago she did
and it was remarkablo that nono of her
faculties failed her until death. Her birth
day has been celebrated for a number of
years past on Christmas, but she was borne
December 20. 1780. In April, 1788, her
father moved to Rupert, where Catharlno
lived until 1819, when she married Col.
Joseph Paxton and moved to Catawlsia,
living thcro until tho death of her husband
in 1801. About two years after the death
of her husband sho moved to Rupert and
lived with her youngest son Lloyd until
the tituo ot her death. She was the mother
of nlno children; Franklin, who died when
but ten years old ; Bright It., now living
In Florida ; Harriet, who married Dr. Vas-
tine, who afterwards moved to Bt. Louis,
M.?..0h.ar,r.,UI;f laWl!lt.7
Geo. Scolt of Catawisso ; Sarah who mar-
ricd Charles Bull of Philadelphia ; Joseph
who died In Texas of Yellow Fever, and
Lloyd. Of these, Bright, Charles, Frank,
Mrs. Mary bcott nnd Lloyd survive her.
m... I . T.,l. I
by Rev. Dr. Leverett, after which the re-
uiuins were taken to Catawlssa for inter-
ment.
A sister, Miss Harriet ltupcrt, now ox,
and a brother Hon. L. B. Rupert, aged 77,
atlll fliirttlvn hpr. I
TliniiUHiclvliiK Dinner.
Tho ladles of tho Union Church in
TJrangcvlllc will have a public dinner on
Thanksgiving Day In the now store room of
Mr. G. 8. Flcckenstlnc. A number of tur
keys have been secured for tbo occasion
and will be served ln a manner agtecable
to the most fastidious- taste. The very
moderate price of 30 cents will place this
iiiaoKPgiving umner wuuin reuuu u. u...
Buy Lester's Binghamton Kip
Hoots, liest made.
Geo. Robblns has been wearing a smiling
countenance for the past week. It's all cn
accountof a little daughter that has arrived
at ids house.
1Tl.lt SwellltiE.
Mr. M.S. Hamlin, one of the best known
insurance men in borth Carolina, writes
from Winston, as follows: "Everulnce I
ni seven years of age I hive had what
the doctors call hip disease, and which 1
call white swelling. My hip was drawn
out of place. There was a swelling at the
knee-iomt. where tlier Is a prolnso run-
nlncr. which has been there for years. Of
course thit lias greatly depleted my sys
tem, together with surgical operation on
the leg bone. I tried every known blood
purifier to build up my system, but none
did me good until I took S. S. S. 1 use it
every spring. It always builds me up,
giving me nppotuo ana digestion, and ona
bin me to stand the long, trying, ener
vating, hot summer days. 10 me there is
no euch medicine for purifvinp; the blood
and building up the wanted system as
S. S. S. On using It I soon became strong
of bodr and easy of mind. My color
changed from a pale, worn look to
hoalthv. robust complexion "
Mr. O. N. Frlzzcl, of Farmersville,
Texas, writes : "About August 1st, 18C5,
an oruption appeared ou my arms uud
legs, which pained me much aud eeemed
to atfect my physical condition generally.
On tl.H ndviie of u physician at this place,
1 huallv commenced Ufiaa mvitt s sprcihe.
I am glad to say that after using three
lame bottles the sores havo an healed
Treatise on Blood and Skin Diseases
mailed free. TllK Swift Bl'KCinc Co.,
Drawer J, Atlanta, ua.
Erysipelas and obstinate ulcers, bolls,
carbuncles and running sores ot every
kind arc cleansed, the poison germs de.
stroyed and a speedy cure effected by using
Darbys Prophylactic Fluid.
'lhavo been afillcted with the erysipelas.
Nothing would heal the sore or stop tho
running. I used Darbys Prophylactic
Fluid and found a speedy cure. I aye also
tried it in several other cases and It proved
effectual." S. P. Greer.
wanamaker's.
rnii.ADXLrniA, Monday, Nov. 14, l7.
Dot? ( send for "Dress Goods
samples"; a bushel basket
wotddnH hold them. Sav as
near as may be what kind of
uress uooas you xvant.
We have all along had the
best Black Cashmeres wo knew
of. But so long as a better of
anything is possible we are on
the watch for it. We have been
hoping for a-Httle.botter-ln-some.
respects Black Cashmere. No
reason to hope for better weight,
or better color, or better touch,
bu,t pught it not be possible to
every time get all these bests
in one? It was not enough to
have the weight right if the
colors were even a suspicion
out of the way, or thq proper
polor ind, weight jf the touch
were a trille wrong. We think
we have got what we were
after-
fine twill
extra heavy weight
best dye
reliable maker
5 qualities of Cashmere with
the prices as right as the stuffs;
fine Paris and jet blacks
65c. 75c, 85c, 90c, $1,
i mat iui ui 15U pieces
here, Will you like these
Black Cashmeres as well as we
do? This is a trial 1 50 pieces.
Minutes count for nothing in
WANAMAKEKS
the new Dress Goods Plaids.
If we stop to look at one in ten
at a single counter an hour is
pone. A plance must do.
rlaitl loveliness to dream ot.
You know how some of the
sweetest, neatest stuffs of every
sort are criss-crossed and cut
ud bv color streaks and strines
and bands of every makable
tint.
More of them than you think
Plaid effects crop out in dress
stulls all around.
liverv winsome l'laiu new
ness we have come across on
either side the ocean is here.
How heads must have ached
to make up those tangles of
anplesl When you have seen
a hundred you think the last
possibility has been run out.
But there s another hundred,
and another, and the last one is
like the hrst onlv because It S a
I'lnjI
Let these stand tor what we
... a f ,
are dointr in medium-priced
riaius. une irom twenty
fieree Twill plaids. 75c.
Scrge Twill plaids, 830.
Blue or black ground platdpj
coDtraHlotr u In. strloea. tl.
bj sharplr
llroad and narrow plaldlDg stripes lighted
mj unKni una ana rpwKB, f i.
Bluo ana white, or black and white Rhep-
ueru i luiu, uiuu.uui ana i&nre, si
Cloth.nnlsll HaldiL ll.M.
Berge-weave cloth-nnlsh Plaids, all-wool and
BllK-and-wooL II. 0.
Satin-raced all-wool and sllk-and-wool
riaias, 11.73.
You can have no Plaid fancy
so peculiar that we can t hit it,
A dozen different proper and
uselul Dress btutts have lallen
from market value to three-
quarters, two-thirds, and lower,
ine pressure ol one kind on
another has done It. 1 ne push
cf tl,e roughs and the smooths
and the betweens has been such
auuicuuiij; uiusl yivu way,
1 He lroilt ranks must De tjrok.
en if you are to get at the rear
ranks. No choice as to which
, w . , ,
J . ' ' p...,.,.. vj.. my.
miuuie style, me Deuvixt rougll
ana smootll.
All-wool, every one ol them.
save ln sorne ol the sorts
nownd-then spattering of silk
. . i . 0
that only goes lor looks. You
buy them for the wool; the silk
is thrown in
One. Plaid and check; plaid
over check, so jumbled and col
or-mixed that only the inch
block outlines are distinct.
JspeCKS Ol llgnter Silk nelp the
mix UD. i en Stvle:
a cast of light
a cost ot dark
a cast or red
in each, but with added timings
that give novelty to every pat-
tern. Run them through your
fingers. Soft but solid. The
fXn nc,u U mloro in Cel,;.
aujiiiviiu wiirf vswaj lit
able stuffs. 37 c from ;oc.
Let this one do for the dozen.
Any one of the dozen is just as
good.
Robes $2.60 to $10.
You save time and the match
ing worry by letting us choose
the stuns lor you. Ulten save
money too; we can pick better
than you would be likely to.
Not better than you could, but
every woman hasn't the knack
ot putting just the wisest nov
elty with the plain; and every
woman won't take advice.
A $4 Robe: 6 yards of 50
m. berge : heavy, prominent
twill, and good for lots of wear.
A stuff that needs nothing ad
ded to make a likeable dress.
But we put with it 2 yards of
iancy stun bright colored plush
cubes on a matching Seme
ground and then a loveable
dress. 1 he plain colors of these
$4 Robes are
1 olive 3 blues .
2 browns 9 garnets
1 green 1 black
Almost as much variety in the
iNovelties. lake black
block and black
black and white
black and grey
black and red,
In a $5 Robe, 7 yards of fine
imported Serge, and 1 lA yards
of Novelty. A very pretty Nov
elty, too; inch plush block
CHRISTMAS CrOODS
A.X
I. W. HARTMAN & SON'S,
BLOOMSBURG, PA.
Stamping in black and white on all kinda of good.
Designs copied and drawn off from magazine illustrations, etc.
terns to select from
itu uiiurgu ior stumping on goous
Stamped Linen Goods of all kinds.
Starapod Tidien
bplaslters, 7o. to 1.25
Dibs.
Towels, 25o. up
Bureau Soarfs, 35o. to $1.7.
Tablo Soarfs.
Tray "Co vers.
Doylies.
Toilet Seta.
Pillow Shams, yard square 25c. pair
Apron".
Silk Scarfs.
Silk Tidies.
Gents' Hemstitohed Handkorchlefe, Stamped Initial 18o. and 2So.
Balsam Fir, to mako Pinoy Cushions,
Piooy Cushion Covers, Stamped, for
Pot-Pourri.
Vesuvium.
Paris Tint Colors, or Dye Paints.
Plushes,
Satins,
Plain Congress Canvas.
Striped Congress Canvas.
Pongee Silks,
Butchers' Linen.
Arrasone, Chenille, Crewel, D.
Silk, Felt, Gold Cord, Gold Beads,
IS hr;,...inu. n . r 1
Yarn. PerB an Yarn. etc. otr,.
Another lot Velvet Ribbons, In Colors and Black, from -1 to Wc. a yard.
Thousands of new plooes of Chintz coming in.
All goods cheerfully shewn.
What used for aud'how used.
I. Y. HAUTMAN fc SON will appreotate your calling to see these goo Js,
WANAMAKER s.
in one corner of a square form
ed by bright bourette cluster
stripes inclosed by heavy wick
stripes, forming a plaid.
brown bluo
green garnet
Higher class goods, $6, $6.50,
$7. $8. $8.50, $8.75, and $10 for
Robe.
A good share of the Books
of the year will be bought be
tween now and Christmas.
They should be thought of be
forehand or there will be money
wasted. Book News helps you
to think. It takes you on an
Asmodeus flight that no New-
Book mystery behind. Ihe
November number (48 pages)
has a portrait and a sketch of
Hon. George H. Boker. 5c,
50c a year.
We sent out two Dickens
Calendars (1886 and 1887). A
third (1888) is ready. The best
of the lot. You are sure not to
see a handsomer Calendar from
anywhere. The every-day-in-
the-year bits are as bright in
their way as the Dickens pict
ures around them. 50c! by mail,
56c.
John Wanamakeu,
Chestnut, Thirteenth and Market streets.
ana iiiy-nau square.
LOCAL NOTICES.
Handsome new Silk and Glo
ria Cloth Umbrellas at H. W.
Sloan's.
BLOOMSBURG.
Fine Cabinet portraits only
$3. doz. Life size Crayons only
$10.00. Viewing, copying and
enlarging. Instant process
used. tf.
Fine Braid Trimmings at II.
W. Sloan's.
Collectors' receipt books and notices for
salo at this olficO; tf.
New Table Linen just in at
H. W. Sloan's.
Received direct from importers first
class barber supplies at Louis Viereck's
Shaving and Hair Cutting baloon.Exchango
Hotel, under Clark's book Btore. Clean
towel to every customer. Particular atten
tion given to ladies' and children's hair
cutting. sepOtf.
Fine Dress Goods and Velvets
atH. W. Sloan's.
Shipping tags, with or without strings
at tho Columbian office.
Look at the 35-cent Red Flan
nel at H. W. Sloan's.
BUSINESS NOTICES.
Female !Iiu Servant slrls. and. ln
fact, most women, safUr from weak back
and side actio. Apply a Hop Plaster and
experience instant rolief. Strengthening
and paln-kllling.
Don't let that cold ol yours run on. You
think It Is a light tiling. But it may run
into catarrh. Or into pneumonia. Or
pneumonia. Or consumption.
Catarrh i disgusting. Pneumonia is
dangerous. Consumption is death itself.
The breathing apparatus must be kept
ncalthy and clear of all obstructions and
offensive matter. Otherwise thero is trou
ble ahead.
All the diseases of these parts, head,
nose, throat, bronchial tubes and lungs.
can be delightfully and entirely cured hy
ue use 01 uoscnec'S Herman syrup, it
you don't know this already, thousands
and thousands of people cau tell you.
They have been curtd by it, and "kuow
how It Is, themselves." Bottle only To cts.
Ask any druggist.
QUEEN VICTORIA'S CHOWN.
Tho ciown of Queen Victoria consists of
diamonds, pearls, rubies, sapphires and
emeralds, set In silver and gold. Its gross
weight is 39 ox. 5 dwt troy. Tho number
of diamonds are 3,332; pearls, 273:
rubies, 0; sapphires, 17; emeralds, 11. It
is an old saying Uneasy lies tho bead that
wears a crown, it is oeller to wear tho
crown of perfect health and peaco of
mind through tho curative effects of Per
rino's Pure Barley Mtlt Whlskev. For
sale by O. B. Robblns, Bloomsburg,Pa.
Drunkenness oh Liquor Haiht Positively
Cured nr Administering Diu Haines'
Golden Specifio It can be given in a cup
oi coiico or lea witnoui the knowledge ot
tho person taking it; is absolutely harmless
and will effect a permanent Hnd speedy
cure, whether the patleut is n moderato
drinker or nn alcoholic wreck. Thousands
of drunkards have been made temperate
men who have taken Golden Specific in
their coffco without their knowledge, and
to-day believe they quit diinklngof their
own freo will. IT NEVER FAILS. Tho
system onco impregnated with tho Specific
it becomes au utter impossibility for tho
liquor habit to exist. For lull particulars
address Golden Specillc Co., 185 Race Bt
Cincinnati, Ohio. dec 3 80 ly.
uougm al Btore, Willi good lino ot pal-
So. to Si. 00
Outlining.
,
, :.
' - ' f
M. 0. Cottcrc. Embroidery Silk, Ktching
Knittine Silk, Linen Floss in Colors, TinsoV,
"... n ,ir . b. " ,
1 1 ' 1