MM
VOL 38.
BLOOMSBURG, PA. THURSDAY, AUGUST G. 1903
NO. ;;2
II
Mi
ARGUMENT COURT.
An Unusually Largo Amount of
Business at Monday's Session-All
Judges Present.
NEW COURT RULES.
There was lots of business before
the Court on Monday, and the
whole day was taken up in dispos
ing of the various matters. All the
judges on the bench. The attend
ance however, as is nearly always
the case at argument court, was
scanty.
In line with other counties of the
state, the court ordered that the
new State Supreme Court rules for
admission to the bar be adopted.
Following are the rules:
"Now, August 3, 1903. it is or
dered that Section 3, of Rule VI,
of the Rules of Court of the Twenty
sixth Judicial District be amended
by the addition of a fourth para
graph to read as follows, to wit:
"A Fourth: The subjects pre
scribed for preliminary examination
of applicants for registration as
students at law, in Rule VI, and
the subjects prescribed for examina
tion of applicants for admission to
the bar of the Supreme Court of
Pennsylvania, as adopted by the
Supreme Court of Pennsylvania, to
take effect on the first Monday of
January, A. P., 1903, are hereby
adopted respectively as the subjects
for the preliminary examination of
applicants for registration as stu
dents at law, and as the subjects
for the examination of applicants
for admission to the bar of this
Court; and it is hereby provided
that the subjects herein adopted, as
the subjects respectively for prelim
inary examination and for examina
tion for admission to the bar, shall
be changed or modified from time
to time so as to conform to such
changes or amendments as the Sup
reme Court of Pennsylvania, may
from time to time adopt in respect
to the subjects for examination as
prescribed by it, without any fur
ther action by the Court.
11 "In all cases where a prelim
inary or final examination of" appli
cants for registration as students at
law, or for admission to the bar is
required, the Board of Examiners
appointed by this Court may, in lieu
of such examination, accept the
certificate of the Board of examiners
appointed by the Supreme Court
that the applicant has passed a sat
isfactory examination under the re
quirements of the said Supreme
Court Board of examiners appoint
ed bv this Court in respect to the
regularity of any registration or
clerkship and moral character of
the applicant.
"Further, that the clerk record
this order at length in the Quarter
Sessions Docket, and properly index
the same under the title: Rules of
Court. BY TUB COURT.
Estate of Alex. McCarty. De
cree of Court of April 3, 1902, con
firming report of auditor, and as
therein made, be reinstated as final
decree of the Court.
A. W. Hiney vs. Stephen Levan
and Rebecca Levan. In matter of
petition, filed June 1, 1903. Or
dered execution on judgment re
voked and set aside, and rule grant
ed to show cause why judgment
should not be opened and defendant
permitted to make defense.
Commonwealth vs.William Eves.
In re rule to show cause why judg
ment should not be arrested and
new trial granted. Rule absolute,
Defendant to pay costs within thirty
days, or rule discharged.
Petition of Cornelias Witmer for
review of the account of A. W.
Witmer, executor of Abraham Wit
mer, deceased. Petition dismissed.
Court declined to made order for
citation upon executor to file a sup
plemental account, as the fifth para
graph, and petition throughout, is
incomplete.
Petition of C. C. Evans, for Briar
creek township, for amending of
petition for new road in said town
ship. Amendment allowed.
Petition of John Tyson for parti
tion of real estate of Matthias Roath.
Inquest awarded as prayed for.
Petition of Annie M. Skeer, guardi
an, for permission to make invest
ment Prayer granted.
William Vauderslice et. al. vs. S.
B. & B. R. R. Rule granced to
show cause why the bond shall
not be approved . Returnable Aug
ust io, iyo3, at nine o'clock a. m.
Divorce in case of Crow vs. Crow,
Continued op8lh page 4th Col,
Litigation Over Will.
A Single Sentence In the Will
of Emma H. Neal Causes
Legal Battle.
$35,000lNY0LVED.
The Orphans' Court of Columbia
County has an interesting case on
its hands just now. The question
at issue is the proper interpretation
of a sentence in the last will and
testament of Emma II. Neal, late
of the Town of Bloomsburg, deceas
ed, and the facts, briefly stated are
these: Emma H. Neal died in 18S7.
She made a will leaving her estate
to her husband C. W. Neal, "for
his. sole and separate use at his dis
cretion, for the support and educa
tion of my children."
C. W. Neal was also the execut
or of the will, but in igoi he re
signed and his daughter, Grace Neal
Ilutton, became the trustee. Up to
the time that he resigned from the
executor-ship, C. W. Neal used the
income at his discretion, but the
trustee, Grace Neal Ilutton, devoted
the earnings or income exclusively
to the maiutainauce, education r.nd
support of the children.
C. W. Neal now petitions the
court to order this money, the rents,
issues and profits of the estate to be
paid to him, claiming that under
the will they are "for his sole and
separate use." The trustee answers
this petition on the grouud that the
testatrix placed her estate origin
ally in the hands of C. W. Neal, iu
trust for the support and education
of her children.
Upon this interpretation of the one
seutence the estate amounting to
$35, 000 hinges.
The case was argued at consider
able length before the court on
Monday by B. Frank Zarr for the
petitioner, and by Geo. W. Tustin
and Fred Ikeler representing Grace
Neal Ilutton the trustee.
In his remarks to the court Mr.
Zarr stated that Mrs. Neal had
created a life estate for her husband
C. W. Neal and that according to
the wording of the will he was given
full discretion as to the use of it.
The children he claimed had noth
ing to do with any part of the will
until after the death of the father.
He also spoke upon the charge of
mismanagement or misappropria
tion of the funds.
Geo. W. Tustin, Esq., followed
for the children of Emma II. Neal,
deceased, denying the right of C.
W. Neal as a beneficiary iu this
estate, claiming that he bas no
standing.
His argument was devoted to the
validity and construction of the will.
He argued that under the conten
tion of the other side, there was
either absolute disinheritance or
partial disinheritance, which it re
quires a clean statement of the tes
tator to do, and where the words
are of doubtful nature, they must
be construed in favor of the heir as
against the executor.
A man cannot hold property in
his own name absolute with the
profits in trust for another, for it is
repugnant to reason and law that a
title absolute should yet be limited.
Hon. Fred Ikeler followed for
the trustee, dwelling psincipally up
on the question of her removal from
the trustee-ship. Yet he did speak
long enough on the construction tc
analyze a part of the will as to
whether or not the testator meant
to leave the disputed property to C.
W. Neal. He forcefully argued that
the true construction was that C.
W. Neal should have the sole and
separate use, not to use for any pur
pose as might seem good to him,
but for the support and education
of the children, and that he might,
for this support and education,
use his own discretion. He further
offered the books to show that the
claim of C W. Neal, of mismanage
ment and misappropriation, was un
founded. Few cases there have been of late
that has created more general con
cern, and its conclusion is eagerly
awaited.
It isn't likely that the matter will
end with the Orphans' Court opin
ion. Whatever interpretation is
handed down here, the case it is
said will be carried to the Supreme
Court for final decision.
Frank Roys who for the last two
months has been at the home of his
parents in Lyons, N. Y., arrived in
Bloomsburg last evening. Judging
from his looks the vacation has
been agreeable to his health.
To The Rublic:
It Is no longor coiiHldercd a violation of banking ethics to auk for
what we would like to Imve, and acting on the theory that what Is
greatly worth having Is certainly worth unking for.
Zfy $foom06urg Qtaftonaf QSanft
Solicits the accounts of all responsible people, promlHiug all the court
esies that are usually extended by uu obliging and carefully conducted
banking house. We propose to continue to conduct our business 011
Mifeaud strictly business lines, believing that such a course will be to
the best advantage of the public generally.
A. Z. SCHOCH, President.
WM. H. HIDLAY, Cashier.
Trolley at Danville.
Riverside will be Connected by
Electric Railway. Charter
Already Granted.
Will Reach Shamokin Later.
A charter was issued by the
State Department yesterday says
Saturday's Danville Morning ATews,
to the Danville and Riverside Street
Railway Company, to build a line
from Danville to South Danville,
thence to Riverside, a distance of
three miles. The members of the
Company ure: W. F. Pascoc, W.
A. Heller and II. A. Pascoe of
Allentown; C. P. Hancock and F.
C. Angle of Danville.
"A trolley line for our city is now
assured. The company just organ
ized will build the road from Dan
ville to South Danville and River
side, expecting to extend the line
to Shamokin iu the very near fut
ure. This road with the very pro
bable extension of the Columbia
and Montour line from Bloomsburg
to Danville will make a continuous
thread of street car line from Scran
ton to Shamokin, a distance of near
ly one hundred miles and will be
an important link of girdling of the
state by the street car.
Work on the extension of the line
fiom Bewick to Nanticoke will be
commenced at once and it is hoped
that within a few months a portion
of the road will be in operation.
The Berwick and Nanticoke road
will connect with the Wilkebarre
and Wyoming Valley road at Ply
mouth giving a continuous trolley
system of nearly one hundred miles.
The Berwick and Nanticoke com
pany's tracks will start at the Ber
wick terminus of the Columbia and
Montour Electric Railroad and will
be the connecting link between that
Company's lines and the lines ot
the Wyoming Valley Traction
Company which gives a connection
into New York State.
Starting at Berwick, where it is
hoped to have a belt for the conven
ience of Berwickians, the line will
pass through Beach Haven, Bel
bend, Shickshinny, Hunlock's
Creek and West Nanticoke, extend
ing to Plymouth, where the tracks
will connect with those of the
Wyoming Valley Traction Com
pany.' The building of a trolley line in
Danville and vicinity is of the great
est importance as a connecting link.
And as a factor in the transportation
services in this section of the state
it has a prominence that cannot be
overestimated. The work of build
ing the road will be commenced as
soon as the necessary right of way
is obtained. It is now almost a
certainty that iu a very few mouths
the road will be iu operation and
the people of this section will be en
joying the privileges of a complete
trolley system covering a distance
of nearly one hundred miles."
The Friendship base ball team
took a fall out of the Berwick Rang
ers Saturday afternoon. The game
was a very pretty exhibition and
was entirely tree from any kicking
or wrangling. The score was 5 to
2. Catcher Stout, of the visitors
was painfully injured iu the sixth
inning by a batted ball, and it was
nearly fifteen minutes before he was
able to resume. Though defeated,
the Berwick boys made a good
fight, and it must be said to their
credit that they are among the most
gentlemanly lot of ball players that
visit our town.
Many a man celebrates his birth
day to such an extent that he
wishes the next day that he had
never been born.
A Full Line of New
HAMMOCKS
FROM
1.00 to 8.00.
All this Year's.
No Old Patterns
Carried Over.
o
FOR SALE BV
J.G.Wells,
Cenerfcl Hardware,
Bloomsburg, Pa.
DEATH OF fl- B- FOKTNER
End Camo Suddonly Whike Making a Call
Rev. Henry B. Fortner died sud
denly at the home of Isaac L. Art
man of Mt Pleasant township where
he had gone to make a call, Friday
night. For two Sundays preced
ing he had been filling the pulpit of
the M. E. Church at Millville, and
had been staying at that place.
He was in his usual health Friday,
and in the afternoon preached a
funeral sermon. Friday evening he
went to the Artman home to spend
the night. He retired about nine
o'clock and a half hour later he
called up a member of, the family
to give him some medicine. Seeing
that his condition was serious, word
was hurriedly sent to Millville for a
physician but before his arrival
death occurred.
Deceased was born in Nescopeck
something more than sixty years
ago, the son of Mr. and Mrs. Geo.
Fortner and is survived by two sis
ters Mrs. LeGrant Sponenberg,
living near Nescopeck, and Mrs.
Henry Fowler, who resides in
Schuylkill county.
He had been for many years a
member of the Central Pennsylva
nia Conference of the M. E. church
and was very active, earnest and
successful in the ministry, being
especially so in revival work, and
his efforts in this line were always
attended with the most satisfactory
results. With the exception of a
single charge Green Castle his
services had been entirely in the
Danville district, and among other
places he had been located at Beach
Haven, Selins Grove, Waller, Wap
wallopen, etc.
On account of failing health he
took the superannuated relation' at
the last session of the annual con
ference, held iu Altoona last March,
but was contemplating returning to
the active ministry in the spring.
Mr. Fortner was very generous
and often denied himself to help
young men through school prin
cipally Dickinson college and
many are in this way very largely
indebted to him for their education.
The remains were taken to the
home of his sister, Mrs. LeGrant
Sponenberg, at Nescopeck, wh ;re
services were held Monday after
noou. They were then taken to the
Methodist church, iu Berwick.
Rev. R. H. Gilbert officiated at both
services. Interment was made in
Pine Grave Cemetavy, Berwick
where all his relatives are b; ried.
The Rev. Erskine Wright, rector
of Christ Episcopal Church, Dan
ville, is enjoying his vacation in
Europe.
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39
Prices Reduced
Quality and Style
not reduced.
Shirt Waists
Reduced.
Prices Reduced
Quality and Style
not reduced.
White Shirt Waist
Suits, Graduated flounc
es, waist trimmed with
Hamburg insertion.
Were 3.90 now 2 75
o
o
o
White Shirt Waist
Suits, Tucked skirts
trimmed with lace in
sertion and tucks.
Were 4.25 now 3.00
O
O
o
White Striped Mad
ras Suits, Gored skirt,
shirred flounces, waist
trimmed witli lace ;md
tucks.
Were 5.90 now 4.75
Special Prices on
All Shirt Waists
and
SHIRT WAIST
SUITS.
T
H
E
L
E
A
D
E
R
D
E
P
A
R
T
M
E
N
T
S
T
O
R
E
White Lawn Skirts
Some with Tucked
circular flounces, others
with box plaits and
tucks.
From 3.00 t'; 2.00
O O
Shirt Waist Suus
Madras, Lawns a n d
Ginghams 2.00, 2.50,
and 3.00. From
3.00, 3.50 and 4.00
O
O
Shirt Waists, Striped
Madras and Lawns.
Were 75c and 1.00,
Xow 39 cents.
Special Prices on
all Summer Fabrics
and
SUMMER WASH
GOODS.