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This Papor and tho
NEW YORK WEEK
LY WORLD cna year
f;r $1.53,
VOL 29
THE PEASE CASE.
Judge Ikeler dissolved the injunc
tion in the case of the B. & S. Rail
road Company vs. II. C. Pease on the
5th inst. As the case has attracted
considerable attention the opinion of
the court is printed in full.
OPINION.
The Rail Road Company, Plaintiff,
has the right of way, thirty feet wide,
through the lands of the Defendants,
the Bloomsburg Iron Company, et al ,
at the point where this dispute arises,
on which to lay and operate a double
track rail road.
On this right of way, at Iron Dale,
the Plaintiff alleges the Defendants
are intruding, by promoting the loca
tion and erection of a new, permanent
building for manufacturing purposes,
which building is in the course of con
struction to the extent of about sixty
feet along the west side thereof, and
of about six feet at its northwestern
corner, and that if the said building
be completed and permitted to remain,
it will be impossible to construct and
operate the double track rail road on
said right of way, and therefore irre
parable injury will result to the Plain
tiff. The Defendants aver that said new
building does not intrude or encroach
upon the said light of way as appro
priated by said Plaintiff ; that at the
point of the alleged interference the
present track of the rail road as con
structed by the Plaintiff, is and was
located and constructed along the
eastern side of said right o( way, by
agreement and understanding between
the said Plaintiff and the then owners
of the land, and at that time it was
also agreed and understood between
the same parties, that in subsequently
changing track already laid, or in lay
ing another or double track, they
should be laid west of the present
track, or so placed that they would
not encroach upon or in anywise inter
fere with any of the old buildings then
standing, or the land on which they
stood. The Defendants further aver
that the said new building complained
of is outside of the eastern line or lim
it of the P.aintifTs right of way, and
enti'e'y within the line or limit of land
occupied by old buildings existing at
the time of the appropriation of the
right of way by said Plaintiff, nnd east
of the eastern line of said appropria
tion as fixed and established by all
parties then interested.
Therefore interesting and import
ant questions of fact as Jo the truth of
these allegations, upon the one side
and upon the other, must be carefully
considered and determined at the
proper stage of this case.
Declarations of a party, or of their
agents, officers, or employees, made
in the absence of the other party, can
only be received as evidence when it
is against the interest of the party
making them, or in corroboration of
the evidence of the other party. By
the identified and proved draft, or
map of survey, in the rail road compa
ny's office, the location of the original
centre line of the Plaintiffs right of
way, and the location and construction
of the rail road track on said right of
way in reference to said centre line,
through the land of the Defendants,
plainly appears ; and measuring east
from either, a portion of the new
building, at the northwest corner, is
witnin the limit of fifteen feet. In the
construction of the present rail road
track, along and at the point in con
troversy, it was located and built west
of the centre line of the right r( wav
as fixed and established 'Dy said office
map, tff PuWy, iy the Plaintiff Com
pany, in consideration of that fact
and of the location and condition of
the tail race and old buildings, and
the working of the furnace property of
Defendants, is it reasonable to believe,
in case the evidence should be other
wise evenly balanced, that in the con
struction of another or double track
it was to be built west of the present
track. This seems to be the position
attempted to be established by the
Defendants, and which it is necessary
for them to establish, in order to justi
fy the location and construction of
the new building complained of.
But it is better, perhaps, to refrain
from a further discussion of the merits
of the case at this time.
The affidavits and drafts of the
Plaintiffs disclose a prima facie right
of way in the Plaintiff, over the land
covered by a portion of the new build
ing, which right is denied by the affi
davits of the Defendants, and we
might continue the injunction until the
question can be determined by final
hearing, or further order of the Court.
But it is clear to our minds, howeve.
that there is no danger of immediate
injury or interference with the rights
ot the rlaintill in working and opera
ting their road, an.' with the disputed.
important facts involved in the case,
we feel obliged to dissolve the hjunc-
tion. In the end, and upon the report
of the Master in deciding this controv
ersy, we may be obliged to seek the
intervention of a jury, to inform the
conscience of the Court, as to the dis
puled facts. If, upon final hearing,
the Plaintiff fails to establish its right
of way as claimed, and it shall be de
termined that no portion of the new
building intrudes upon its right of way,
then no damages can accrue to the
Defendants, in the mean time, for the
delay in building, etc.
And upon the other hand, If the
Plaintifl succeed in establishing its
right as claimed, and the Defendants,
in the meanwhile, carry the building
to completion, the costs of erection
and removal may jnstly be attributed
to their own folly.
And now, January 5th, 1894, the
preliminary injunction, heretotore
awarded, is dissolved, until final hear
ing or further order.
By The Court.
COUNCIL PROCESSINGS.
The first regular meeting of Town
Council was held Thursday evening,
January 4th, with president and all
members present.
Nir. II. C. Pease appeared and pre
sented a petition or request that the
town grant him permission to erect
upon the Irondale property, buildings
and machinery fot producing electri
city, and also the construction, erect
ion and maintenance of voles, wjres
and other apparatus and machinery
upon the streets of Bloomsburg for
the purpose of conducting e'ertricity
through the said town and thereby
supply light, power and heat to the
citizens, corporation, public or private
of said town and places adjoining &c.
The request granted and an ordinance
to be drawn in accordance therewith.
On motion the police are directed
not to give shelter to the same tramp
more than one night.
Directed that the Chief of Police
demand and secure the keys to the
lock-up from G. B. Martin, a former
policeman
Permission asked by Fire Co. to
hold dance in Town Hall on Feb.
22nd. Inasmuch as resolution had
Already been passed refusing to allow
any dance to be held in Town Hall,
permission refused.
Wrn. Rabb granted building per
mit for house on edge of town north
side of First street.
Sewer ordered to be put in on West
street up from opposite Mr. Holmes'
house to upper side of First Street.
Sewer ordered to be put in on West
St. from opposite Mr. Neyhard's to
Ringrose and Creasy properties.
Parties on Jefferson St. ask to have
Solicitor withdraw the exceptions to
opening said street. On motion ex
ceptions on part of town are with
drawn. Street Commissioner is instructed
to haul ashes and make temporary
walk on Fifth street from P. & R.
Depot to West.
Street Commissioner is ordered to
notify the Hess M'f'g. Co. or succes
sors to remove within 20 days all that
portion of shed or building on Iron
street that is now out on said street.
President of Council was directed
to see about getting the proper kind
of coal for the steam fire engine.
The following bills were presented :
M. C. Woodward, for constable. $ 4.17
Steam Heat and Electric Light
Co . . , 28.40
A. V. Hower, watchman 6
months. . 6.00
Water Co., for hydrants, 86.67
John Whitenight 5650 lbs stone 2.30
Brooke & Co. blank books cite. 9.05
Policemen for month of Dec. 70.00
Secretary for December 30.00
CORPORATION ELECTIONS.
The following persons were elected
directors of the Bloomsburg Banking
Company on Tuesday : J. G. Freeze,
J. K. Grotz, B. F. Sharpless, H. J.
Conner, E. A. Sloan, J. G. Wells.
The board was organized by the elec
tion of Col. Freeze as President; II.
H. Grotz, cashier! F. M. Everett, as
sistant cashier; R. II. Ringler, book
keeper; Col. Freeze, solicitor and sec
retary. The e'ection of officers of the First
National Bank of Bloomsburg an
Tuesday resulted as follows : Direc
tors I. W. McKelvy, Dr. E. W. M.
Low, M. I. Low, C. R. Buckalew, E.
B. Tustin. The board organized by
e'ecting the following; I. W. McKelvy,
President. E B. Tustin, cashier; Mary
Tustin, Teller; W. H. Hidlay, book
keeper. The following were elected Tuesday
January 10th, as directors of the Farm
er's National Bank for the ensuing
year: N. U. Funk, C. M. Crcveling,
J. W. Eves, Wm. Gingles, C. W. Run
yan, C. A. Kleim, Wm. Kramer, P.
A. Evans, W. S. Moyer.
13LOOMSJJUUG, PA., FRIDAY, JANUARY 12.
LECTURE AT THE PARISH HOUSE.
Rev. P. A. L. Hubert I). I), willde
livcr a lecture in St. Paul's Parish
House on Wednesday evening, Janu
ary 17th, subject, "The Light turned
on." There will be full evening s-r-vice,
with the vested Ghoir. Rev. Hu
bert is the Financial Secretary of Liv
ingstone College of Salisbury, North
Carolina; and his mission in the north
is to raise funds for the institution.
He is a highly educated colored man
and has already spoken in the Luther
an and Reformed churches, and at the
Y. M. C. A.
This College began its work in 188 j
with three teachers and three students.
It now has 14 teachers, 250 students,
buildings and ground valued at one
hundred thousand dollars.
Livingstone College reurescnts a ne
gro self help endeavor. It gets no State
aiu; nas no wealthy organization be
hind it. Its chief support comes from
colored people. They contribute for
this purpose about twelve thousand
dollars annually. Buildings and Schol
arships have been donated by friends
of the cause.
A Scholarship costs $60. It will
help two persons to complete a year's
course of instruction.
Special Needs: additional outfit for
Printing office, Scholarships for young
men and women who have no means
of help, a new hall for recitation and
society rootm and an endowment
fund.
The lecture will be free, and the
public generally is invited. At the
close of the lecture a collection will
be taken up. Everybody come and
help along a good cause. Don't let
the collection keen you awav. Give
only what you can afford, be it much
or nttie. Kev. Hubert is a fine speak
er and his lecture is an entertaining
and instructive one.
NEW OFFICERS TOR THE G. A. R.
A public installation of officers by
Col. Ent Post. G. A. R. was held at
their rooms Friday evening of last
week.
After calling meeting to order and
prayer by the Chaplain, Commander
M. P. Lutz called to the chair
Past Post Commander, T. M. Daw
son, who installed the following newly
elected officers ;
Post Commander, Thos. E. Geddes,
Senior Vice Command. t, W. O.
Holmes; Junior Vice Commander, F.
M. Gilmore; Surgeon, C. Kunkle;
Officer of Day, Z, Thomas; Quarter
Master, W. R. Ringrose; Quarter Mas
ter Sergeant, Wm. Thomas; Chaplain,
N. B, Fowler; Officer of Guard, P. S.
Moyer; Adjutant, C. P. Sloan; Ser
geant Major, Wm. Shaw; Senior Sen
tinel, Jacob Hartzel; Outer Sentinel,
R. I. Morris. Representatives to en
campment, C P. Sloan and Thos. E.
Geddes, alternate, Wm. C. Shaw.
After the delivery of the charge, the
new officers took charge and Com
mander Geddes and retiring Com
mander Lutz each made a few re
marks. Mr. Lutz said that while
theirs was the oldest organization in
the town and none of its members are
under fifty years, they had not lost
one member by death during the pist
year.
A. grand social then took place at
which about three hundred guests
were served with bean soup and coffee.
The Bloomsburg Cornet Band were
present and rendered some choice se
lections of music.
k $5,000,000 MORTGAGE.
A $5,000,000 mortgage was filed
last week in the office of recorder of
deeds, at Wilkes-Barre. It is given
to the New York Security and Trust
Company as trustees by the Central
Pennsylvania and Western Railroad
Company.
The money will be Used to build a
line from Williamsport to Watson
town to connect there with the Wilkes-Barre
& Western, which runs
from Orangeville to Watsontown,
which connects with the Bloomsburg
& Sullivan Railroad running from
Orangeville to Bloomseurg and con
necting there with the 1). L. & W.
The Central Pennsylvania & Wes
tern included several roads and is
connected with the Wilkes Barre &
Western, the Orangeville and Lehigh
and the Turbotville and Williamsport.
The plan is to get a shorter line to
New York than either the Pennsylva
nia or Reading has.
Catharine Weaver died at her home
on Market street, Wednesday morning
aged about 70 years. In early life she
was one of the school teachers of
Bloomsburg, Three sisters survive.
twj of whom are married, the third
Margaret, a maiden lady, has been an
inmate of the Danville asylum for
some time.
Extracts of an Elomient Address Duhr
ered by E. J. Bowman Before the Ep
worth Leagues of Orangeville and
Asbury.
Epworth was the name of the home
of the Wesley's in England, not far
from the home of Shakespeare.
This was a talented family. John
end Charles were the authors of 1
great many hymns sung in the church
es.
The Epworth League is m institu
tion of comparatively recei . origin. It
has for its object the co ersion of
souls and the amelioration of hu
manity through the atonement of
Christ. It is confined to no church
especially. It is cosmopolitan and
belongs to no established faith, creed,
or class. The world is its parish,
wherever humanity exists from the ns
ing to the setting of the sun it desires
to perform us labors. Its achieve
ments have thus far been glorious.
It discusses no points of doctrine. It
goes hand in hand with Christian En
deavor, the missionary cause and other
auxiliaries for the redemption of man
kind.
It matters not our station, condi
tion, or nationality. It is sufficiently
comprehensive to embrace all human
ity. Christ upon the Cross of Calvary
died with arms outstretched embracing
the world. His bosom was laid bare
that all humanity could lean against
it and feel the pulsations of its love.
The Epworth League follows after
Christ. Love for God, love for Christ
and love for our fellow man is the liv
ing embodiment and the actuating
principle of the Epworth League. It
numbers its hundreds of thousands
within the short space of a few years.
Love is the inspiration of the Epworth
League, love for God, love for man.
Love dwelt in the bosom of God lone
before the morning stars sang together
and the sons of God shouted for joy.
Love had its habitations in all the
plans and purposes of God before he
proclaimed "let there be light", and
lit the stars with fire. Love permeates
the workmanship of God from the
smallest flower of the sequestered glen,
the glow worm, the tiniest blade of
grass to the brightest planet tlut burns
around the midnight Throne. The
mountains, the valleys, the seas, the
rivers, the stars, the trees and verdure
and man himself, fashioned in the
likeness and image of his Creator have
been brought forth through love.
Trees perish at their half growth.
seeds that never germinate, flowers
wither and die in a night, blossoms
that give no signs of fruit, and fruit
decays before its maturity all . of
which can not be compared with the
waste of human life, the waste of in
tellect and morals, and the neglect of
opportunities and the disregard of du
ties and of obligations. Our respon
sibilities rise before us as the Alps
covered with eternal snow or the pyr
amids along the sluggish Nile.
"Come over and help us" is the cry
of Macedonia and Macedonia is every
where, vv herever oxygen corrodes or
gives life help is wanted. Amidst the
desolation of intellect ami of morals
we hear a voice like the roar of ocean,
to be up and doing while it is called
to day. John Wesley said "the world
is my parish".
I he Epworth League takes up this
idea of Wesley. God accomplishes
through agencies ; we are the agents.
How otten we look far away for duty
when it lies at our feet, and we look
for something vast and difficult when
it is so easy.
God gives us life, faculties, powers
and opportunities to help our fellow
men. We are simply stewards of them ;
they do not belong to us, and we must
give an account of our stewardship.
friends may die or turn against us ;
hopes fail, property flee and health de
cay, but there are always two things
left us our opportunities fo glorify
God and love for him will never be
rejected.
Anything lovely and abiding always
calls forth our admiration. We may
look upon some great mountain, bath
ing in the b ue of heaven and that
seems to run from time into eternity.
We may look upon the ocean in calm
or storm and find sublimity there, and
so it is with Christ. He was "the One
altogether lovely and the One alto
gether strong for He is called the
Rock of Ages. He will abide till the
kingdoms of this world will become
the kingdoms of our God. A light
streams from the Cross of Calvary that
will dissipate the darkness of the
world. The nations will gather around
it, and it will lift them up to a bright
and glorious immortality.
The evangelization of the world is a
slow process, but it is far better to go
on a snail's gallop to Heaven than
railroad speed to Hell. We cannot
benefit others without benefiting our
selves. Kind words and kind deeds
have reflex action. Does it not en
noble us to do good ? The world
1894.
should be better for our having lived
in it. "Cast your bread upon the wat
era, and it wi'l appear after man
days." We cannot say "I do not help
neither do I hinder no neutral
ground, no standing aloof. We are
here for a purpobe, we must accom
plisli it or fail.
Nations still lie in superstition and
darkness. Chiist has promised to
come, and we have never known Ilim
to make a false promise. His word
is as steadfast as the mountains. It
will be when thrones have crumbled
and dynasties are forgotten. Earth
redeemed, Paradise restored, humanity
glorified. We can build monuments
that will stand in the sunlight of mem
ory when our voices are hushed in the
stillness of death good deeds, charit
aoie acts. .Mortality is written upon
everything around us, but the good
works we accomplish will live after us.
There is nothing brighter and better
than God's approbation, and we can
have it as well as God's sunshine,
ucip one another would bring in
vogue the golden rule. He that
achieves lustily here amidst the dark
ness, morta ity and beggary of this
poor blighted sphere will accordingly
iae a lomer, a more sublime position
111 tne world to come.
Moral heroism is the brightest eem
that crowns our humanity. Wav back
yonacr 1 see the names of martyrdom
nasning through the darkened ages.
Those martyrs followed in the hal
lowed footsteps of that Divine Beinr
who was crowned with thorns and
spiked to the Cross of Calvary. "Let
the lower lights be burning" till the
nations realize his second coming.
Every God's tree and flower are useful,
are we to be the exceptions ? Alex
ander asked Diogenes, what can I do
for you ? The reply was, "Get out of
my sunlight." We must stand in no
body's way, but be bright and shining
lights. In regard to duty we must say
as Pompey did when his friends tried
to dissuade him from entering upon
the boisterous sea, "It is necessary for
me to go, not necessary tor me to live."
everyone can plant a chapel within
himself; himself the priest, his heart
the sacrifice, and the earth upon
which he trods the altar.
Argument Court.
Court convened Friday morning
with Judge Ikeler on the bench.
Hiram 1 . Moyer vs. Emma R. Moy
er. Petition for divorce filed. Sub
poena awarded.
W. H.JUagill, Esq., sworn and ad
mitted to practice as an attorney in
the several courts of Columbia county.
estate ot David Stroup. deceased.
Petition of legatee for executors to
pay in specie or kind, &c, filed. Order
of Court filed.
Inquest in petition awarded estate
of Jacob O. Wilson, deceased.
Sale of real estate of Mary A.
Pur
com. scl by Jas. R. Montgomery.
orucred. Uecree tiled.
Hotel license of Reece Fairman
transferred to Susan Fairman.
Auditor's report estate of Abraham
Proxel, deceased, confirmed nisi.
Sale of real estate of Thomas Davis.
deceased, ordered. Petition of Exe
cutors to bid at sale filed.
Bloomsburg & Sullivan R. R. Co.
vs. Bloomsburg Iron Co., H. C. Pease
eL al. Equity. Opinion of Court
filed. Injunction dissolved.
Sale of real estate orded. Estate
of John Mericle, deceased.
H. W. Smith vs. H. O. Stine. Order
of Court filed. Rule discharged.
Sheriff to proceed with writ of Fi. Fa.
according to law. Costs to be paid by
petitioner for ru'e.
Petition of Hank Spontnberg for
discharge under insolvent laws.
Inquisition on body of George W.
Adams, deceased, approved.
Isaac Dyer, vs. Locust township.
Judgment of non suit stricken off.
The W. C. T. U. will hold a Silver
Medal contest at the "Zion church on
the evening of Saturday the 20th inst.
Should the evening be stormy it will
be held on the fo' lowing Monday even
ing. Admission 10 cts children un
der twelve years free. Owing to the
illness of three of the contestants the
date has been changed to the 20th in
stead of the 13th, as previously an
nounced. 2t.
It is probable that arrangements
will be effected for the delivery of a
lecture by E. J. Bowman in the Court
House during February court. The
subject of the lecture is "Our impres
sions make us what we are." It has
been delivered in Jefferson City, Mo.,
and in St. Louis, to large audiences.
Eighteen members of the Blooms
burg Jr. O. U. A. M., attended church
at Mausdale with Mausdale Council
last Sunday. They were handsomely
treated.
NO a
BRIEF MENTION.
About People Ton Enow.
Miss Agnes Fortune gave a pleasant
party to a number of her friends on
Monday evening.
Commissioner Utt is still sick and
unable to leave his home. Commis
sioners Swank and Ikeler drove over
to see him on Tuesday.
Columbia county was represented in
the Democratic State convention at
Harrisburg by a full delegation. G.
M. Qmck went as substitute for A. J.
Derr; J. W. Hendershott for J. C.
Rutter Jr, Senator Grant Herring for
C. F. Small, Robt. Bockingham for
L. Lowenberg, and J. H. Mercer for
C. A. Shaffer. Representative E. M.
Tcwksbury was also in attendance.
The Grip is Grasping up
However reluctant some of us may
be to admit it, there is no getting
away from the fact that this locality
like nearly every other section of the
country, has been severely attacked
with the grip and that more people
are suffering from it, in one form or
another, than the casual observer can
realize, is undoubtedly true. The
weather condition have been well
adapted to its developments of late
and those who have thus far escaped
an attack are indeed fortunate.
It is quite generally conceded now
that the disease is contagious that
it may be communicated from one
person to another and this makes it
still more dangerous. In conversa
tion with a well known physician he
informed the writer that there was no
doubt in his mind about it going from
one to another, and he said further
that it is in the air and that conse
quently there is no means of evading
it, although much depends upon the
condition of the individual, as in cer
tain other epidemics, and unless a
person's system is in a susceptible
condition he will not be effected by
the contagion. But there is really
little consolation even in this fact, for
the anxious ones, as they cannot tell
whether they are in a condition of
health to escape it or not. However,
it is well not to worry because doing
so will not keep it off while it may
have a tendency to bring it on. There
should be no needless exposure, a
slight cold should be attended to at
the earliest appearance and every at
tention should be given to taking care
of one's self in every way. This may
help the victim after he is attacked if
does not keep off the attack en
tirely.
m V
Rev. W. C. Leverett, Rector of St.
Paul's Episcopal church, will address
the Men's Meeting in the Young
Men's Christian Association next Sun
day afternoon, on the subject, "The
Young Man s Opportunity.
The male choir of the Episcopal
Church will furnish music for the oc
casion, l hese meetings are growing
in numbers and interest. The attend
ance last Sunday was 175. A series
of talks on the now popular subject,
The Young Man," has been arranged
for during the months of Jan. Feb.
and March, that is already attracting
the young men of Bloomsburg. Mr.
Leverett delivers the second lecture 111
this series. Young men don't miss
any of these addresses. The music
will be a special feature.
The fourth lecture of the Students'
Lecture Course will be given Monday
next, January 15th,
The lecturer Dr. Samud Phelps
Leland, Ph. D. cornes most highly
recommended.
The subject " World Jfiki-nq", is"
a scientific presentation of the Birth,
Growth, Death and Destruction of
worlds a translation of the wonder
gospel of the skies. It is scientific
but divested of all technical terms.
Diagram at Slate's store.
Mr. John C. Watts, representing a
Philadelphia firm who manufactures
cotten goods was in Danville last
week looking up the matter of moving
their plant to the latter place. The
factory would give employment to
about 200 operators, mostly girls.
They will be in Danville again in a
few weeks when they hope to con
clude negotiations for removing their
plant.
A railroad conductor passed nine
people on one ticket the other day.
They were a mother and eight chil
dren. The detachment consisted of
four sets of twins, th oldest pair be
ing a few days under 6 years of ae
The condudtor kicked at what seemed
a wholesale business, but the mother
had the bulgj on him and they a'l
passed. ILtrrislurg Call,