mm
VOL '30
BLOOMS13UKG. PA.. FHIDAY. NOVEMBER 8. 1895.
NO 45
mm
long litigation ended.
A Liw-tult Begun In 1881 Overt Sullivan
County Coal Mine, Terminated on October
6th 1895, by a Decision of the Supremo
Court.
A Sullivan county law suit, started
fourteen years ago, has recently been
brought to a close. As it involved
some nice points of law as well as
some interesting Tacts, a brief history
of the case is given below.
Ex state senator Geo. D. Jackson
of Dushore, died some years ago,
claiming to be the legal owner of 103
acres of coal land in Cherry township,
Sullivan County. He was a member
of the firm of J. Jackson & Sons, he
being one of the sons, and B. Rush
Jackson the other. Josiah Jackson,
the father died, and James Thomson
was his executor. James Thomson
and Rush Jackson claimed that Geo.
D. Jackson held this land in trust, one
third for himself, one third for Josiah
Jackson's estate, and one third for
Rush Jackson, A bill in equity was
filed in 1 88 1 to compel the executors
of Geo. D. Jackson to convey the
two thirds as above stated. This was
contested, and it was not determined
until 1887 that Geo. D. Jackson was
only a trustee, and the Supreme Court
compelled his excutors to make the
deeds as prayed fur. In September
1880, before, this bill was filed, Rush
Jackson and wife sold his third inter
est in the land to Mrs. Emily L.
Patrick, a sister of Rush Jackson.
About that time the firm of Jackson
Bros., consisting of Geo. D. and Rush,
became involved, and in November
1881, Mrs. Bernice V. Jackson,
widow cf Geo. I), caused the third
interest of Rush, which he had sold
to his sister a year before, to be levied
on and sold by the sheriff of Sullivan
county, she buying it in for $50. The
executors of Geo. D. Jackson leased
their third interest, to M. C. Mercur
one eighteenth, and to the Staie Line
& Sullivan R. R. Co. five eighteenths,
the consideration to be ten cents on
every ton of clean coal mined. But
as there were several other co tenants
who would not agree to sell the coal
at so low a price, the railroad Com
pany desired to get the price fixed by
the court before they began operations,
and so in December 1881, the bill in
equity was filed which started the
litigation of which we now write. The
company mined a few tons, and then
by this bill asked tho court to fix the
price of royalty on the coaL Judge
Ingham, after hearing affidavits ranging
from ten to fifty cents a ton, fixed the
price at ten cents, and the company
began to take out the coal in large
quantities. In 1886 a motion was
made before Judge Sittser, who had
succeeded Ingham, to rescind the order
fixing the price; at ten cents, and this
was done, whereupon the company
ceased mining, tore up the rails in the
mine, and abandoned the workings.
From that time to this, nine years,
the Jackson portion of the Bernice
mines have been idle, awaiting the
result of this law-suit. Over 160,000
tons of coal had been mined, and the
money paid into the hands of James
Macfarlane, receiver appointed by the
court, amounting to over $10,000, the
railroad company retaining their five
eighteenth of the royalty. Mr. Mac
farlane died, and N. N. Betts of
Towanda was appointed his successor,
and the fund grew to over $14,000.
From 1886 to 1889 no steps were
taken to distribute this fund. It was
locked up in the receiver's hands, and
some of the attorneys concerned in
the case wanted it to remain there
for various reasons, while others did
not seem to know what legal steps
to take in order to solve the problem.
In April 1889 the papers were sub
mitted to Judge Elwell, and after a
careful examination, he outlined the
course to be pursued by his son Geo.
E. Elwell, and this was followed,
resulting in a complete victory for his
side. Answers were filed to the bill,
a. master and examiner appointed,
and after numerous rules and motions
the taking of testimony was com
menced before II. N. Williams Esq.,
of Towanda, master. Before the
conclusion of the case, he died, and
. C O. Dersheimer Esq., of Tunk
hannock was appointed in his place.
The taking of testimony extended
through three years. The chief quebtion
. was to ascertain to whom the money
in thf receiver's hands belonged, and
thi invnlvl the Question of title to
one third between Emily L. Patrick
who bought the third interest of Rush
Tackson in 1880. and Bernice W.
Jackson wh,o bought the same interest
at sheriff's sale a year laier.
Mrs. Patiick and Mr. Thomson
contended that the court had no
imujr tn fiv th nrice of coal at the
nntset. an (1 claimed that the company
should pay more for it. A large
.. number of experts wercexamined on
both sides, as to value.
The master in a voluminous report
found that the disputed third interest
in the land belonged to W. L, Wood
ruff, assignee of Mrs. Patrick; that
the coal was worth 12 cents a ton in
place, thus increasing the sum in con
troversy to nearly $18,000. Judge
Sittser affirmed this finding, and the
State Line & Sullivan Railroad Com
pany and Bernice W. Jackson each
appealed to the Supreme Court, when
the cases were argued last March by
R. A. Mercur and L'oL E. Overton
Esq. of Towanda for the appellants 5
Geo. E. Elwell, and D. C. DeWitt
Esqs., the latter of Towanda, for Mrs.
Patrick, and Rush J. Thomson Esq.
of Dushore, for Josiah Jackson's estate.
The court held the cases until October
5th last, and then dismissed the ap
peals and affirmed the court below in
every particular.
Judge Sittser had been succeeded
by Judge Dunham on the bench, and
the latter was applied to for a final
order, but he having been consulted
at some stage of the matter, certified
it to Judge Peck of Bradford county
who on October 26th made a final
order directing the receiver to pay out
the money in his hands in accordance
with the decree of the Court, and that
has been done. And so ends a long,
tedious and expensive law suit.
The principal legal questions de
termined by this case are, first, in
equity proceedings the title to land
arising as a collateral matter, may be
determined without submission to a
jury ; and, second, that where several
parties are the owners of mineral
lands, and one of them takes out the
mineral, the court cannot fix the
price of the royalty at the commence
ment of - operations. The value of
the mineral so taken must be 'de
termined after it has been mined,
where the parties cannot agree on a
price.
DANGEROUS PRACTICE.
The danger of emptying ashes in
barrels was fully demonstrated last
week, when had it not been for the
presence of mind of some of the
neighbors, instead of recording a small
fire, in all probability we would have
been obliged to give an account of a
large conflagration. The barrels in
which the ashes which come from the
stoves of J. L. Moyer are thrown,
stand against the side of the storage
building of J. Saltzer. Hot ashes
having been thrown into the said
barrels, it was not long ere flames
were noticed shooting above the build
ing. The alarm was given, and with
the aid of the bucket brigade the fire
was soon subdued. It Happened in
the morning, and hence was noticed
at once. The barrels were entirely
consumed, and the siding burned from
the building. Let this be a warning
to our people.
-.
PASTORS UNION.
The Pastor's Union met Monday
after an intenm of several weeks,
Pastors Patterson, Brandt, Heilman,
Conner and Weeks were present. The
following resolutions were adopted :
That the time for aunclay evening
services be changed to 7 o'clock after
this date; that the pastors will co
operate with the National Reform As
sociation in holding union services
in this town Nov. 25th, 26th and 27th
that Rev. B. C. Conner be appointed
to preach the Thanksgiving sermon
in the Methodist church; that the
Pastors Union extends cordial greet
ing to the Young Woman's Christian
Association in its coming meeting
here, that we will co operate so far as
is practicable, and that Rev. P. A
Heilman be appointed to give the
address of welcome on behalf of the
churches: that we extend an mvita-
tion to Mr. James McConkey to teach
the International S. S. Lessons in
Bloomsbure on alternate Monday af
ternoons; that we heartily commend
the action of the town authorities in
endeavoring to clear the streets on
Sunday evenings of persons acting or
talking improuerly, that we hope the
endeavor .will be vigorously pushed,
and that we as pastors will assist in
any way possible. It was a busy
morning for the five pastors.
G. E. Weeks, Sec. pro tern
GIDDINO 4; 00'B GEE AT NOVEM
BER salt, or clothing
is attracting wide spread attention
and customers from every nook and
corner of the valley are taking advan
tage of the many interesting induce
ments which thev offer. Good cloth
ing has not been offered at such low
Drices in many a day and that the
people appreciate, bargains is plainly
evident by the crowds who go to their
establishment daily.
Some miscreant scattered broken
plass and pins on the road near Low'
Store at Lime Rulee. As a conse
nuence several of our bicycle riders
had their tires punctured last Sunday,
UN PAR AO.
in the history of clothing selling in
is what is said
Clothing with' a
of the slimmest purse. Bought from S. & J. Werner, retiring
clothing manufacturers of New York, for spot cash at prices
below the cost ot. manufacture, and retailed by ns from our
mammoth establishment at a small profit. No wage cant
or or economical parent can afford to miss this
NOVEMBER SALE OF SALES.
Men's all wool (Sweet, Orr & Co) never rip pants, $3.03 kind,
Men's corduroy, never rip pants,
Men's heavy working pants, regular $1.00 kind,
Men's excellent all wool suits, extra well made, $10 kind,
Men's fine Kersy overcoats, blue and black, $10 kind
Boy's (15 to iq) black, gray and mixed cheviot suits,
Boy's and men's good warm serviceable overcoats,
Young men's black and blue mixed cheviot and cassimere suits,
Children's detachable cape overcoats,
Men's fine black cutaway suits, $12.00 kind,
Men's buff leather fleece lined gloves, 25c. Knee pants, 9c. Corduroy knee pants, 25c. Camel s hair and natural wool
underwear, 49c, Colored percale shirts, 2 collars and cuffs, 4c, &c. We want every parent in Bloomsburg to attend this
J
M
OVERCOATS.
-Another big
ROGHESTBR
at away below the
Finest oils
Bought for a
M for a Low Price
Elegant overcoats, beautifully lined and trimmed, fit like a
glove Rochester wholesale price, $18 and $15. ,
Our Price, $10 and $12.
No wonder the people come, here when they can get fine
Rochester Overcoats
at $5.00 and $6.50.
STORM OVERCOATS
$5-00, $7-5 $3.5o, $10.00 and $12.00. .
4 Cost Almost that Much to Ms Up Sou o! lb,
You can always save a dollar or two at
The D. Lowenkrg'
CLOTHING
EULEO
of our
GREAT
National reputation, at prices within the reach
GIBMMG
purchase of-
regular price.
Mai.
Low Price.
o a a a a a
OVERCOATS
STORE
S
NOVEMBER
THE BO-A.HD'W.A.'g'-
Long handled fire shovels, 5 c. each.
Bread toasters, 2C each.
Shelf brackets, 2 and 4c each.
Wire soap dishes, 3c each.
Basting spoons, 3c. each.
Tack hammers, 4c. each.
Tin cups, sc. each.
Washbasins, 2 and 4c. each.
Bread pans, 7c. each.
Dust pans, 7c each. Tea strainers, 2c. each.
Coffee pots, 7, 8, 10 and 12c. each. Funnels, 3c. each.
1 and 2 quart buckets, 5c. each. Fruit graters, 4c. each.
Nutmeg graters, ic. each.
Wire clothes lines, 60 ft. long, 19c.
each.
Rope clothes line, 60 ft. long. 12c each
Claw hammers, 9c. each.
Coffee pot stands, 3c each.
Table knives and forks, 35c. set.
Table knives, only 4c. each.
Butcher knives, 8c. each.
Tea spoons, 3, 8 and 16c. i doz.
Table knives, 5c. to 32c. J doz.
New Idea paper patterns are fast superseding all others. We sell them for
ioc each.
BROADWAY CASH STORE,
MOVER'S NEW BUILDING,
Main St.,
C-fT Telephone Connection.
I. W. HARTMAN & SON.
.!:
MARKET SQUARE DRY COODS HOUSE. L
OVER SIXTY NEW COATS AND CAI'ES CAME INTO V
OUR STORE LAST WEEK. f;
We are sending them to Northumberland, Danville, Catawissa, Her- jj
wick, Jamison City, lienton, Orangeville, 3Iillville, and all over the
county. The wonder is how such coats and capes as ours can be produced t
for the prices $3.95 to $42.50 and the FIT made perfect or no sale. i
Then the dress goods from go. yd. to 13.50 pattern. Special line of y
serges at 25c. yd.
I. W. HARTMAN & SON.
A Big Treat for ths Lovers of Candy. ,
SATURDAY, NOV. 9,
Dietrick, the Confectioner,
Will have a grand fall end winter candy opening.
this vicinity,
$2.00
$1.98
59C
$6.50
$6.50
$3-50
$3.98
$5.00
$1.25
$8.98
CO.
Bloomsburg, Fa.
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