13 El BLOOM SB UR G, PA., THURSDAY DFXEMBER 14, 905. NO. so. UMi M ACCOUNTS AT THE Farmers National Bank. CAPITAL AND SURPLUS $140,000. We are constantly adding new accounts and our business is increasing at a very satisfactory rate. If you have not al- ready opened an account with us, we invite you to do so now. In Point of Business Success and Financial Strength this Bank Occupies Front Rank. C. M. CBEVELING, Pres. M. MILLEISEN. Cashier. IN COURT Judge Staplo9 Presiding Again This Week. Many Cases Continued SOME INTERESTING TRIALS The second week of December court opened on Monday morning with Judge Staples and Associates Fox and Krickbanm on the bench The judgment docket was callec over by the Prothonotary. Alfred Shaffer vs. II. II. Grotz and Wesley Shaffer, executors of William Shaffer deceased, judg ment for $325.00. Baxter and Young vs. A. C Sickles was continued for the rea son that tlu principal witness was injured 1 1 railroad collision at IIuii lock's Creek, and is unable to atten 1. Adelaide Tones vs. Henrietta Agnew and Lyman K. Agnew, judgment by agreement for $600 for plaintiff, who is to pay record costs. Petition presented by J. II. and A. I Shaipless, executors ol their father lor permission to bid on real estate of the estate at public sale. Commonwealth vs. M. II. Ilun singer, arrest of judgment made permanent and a new trial granted This was the case where the Judge told the jury that the verdict should be for the defendant on the ground of lack of jurisdiction, the act hav ing be;n committed in another county, but the jury disregarded he court's instructions. The case was t:ol prossed. Kowe vs. Pennsylvania Copper Co. judgment for plaintiff by agreement. Petition for subpoena in divorce in case of frraneis M. Krebs vs. Charles Krebs. Subpoena awarded. Petition for sale of real estate of John Keller, order of sale grauted and bond approved. Bloomsburg Land Improvement Company vs, Town of Bloomsburg This suit was to recover the price of Oak Grove, sold to the town Judge Staples filed an opinion on a reservtd point, giving judgment for the defeudant. In case of Catawissa Fibre Com pany vs. Ex-Sheriff Knorr, Wm Chrisman, Dsn., stated that a small payment had been made and that counsel had agreed to a continuance. In case of Baxter and Young vs. Avery Clinton Sickles, petition to file additional athadavit of defense, was granted. Andrew Fredolie, Pasquale Pre copeo, Bruno Guarno, Louis Zeller. Joseph Maistella. Viiiilno Zener and Andrew Cossore were sworn and admitted as citizens of the Ur.ited States. A petition was presented for the appointing of viewers for a bridge over Little Fsliing creek near W. II. Hitler's. Boyd Trescott, Thonns Moran, and David Wil liams appointed as viewers. A subjioctia in divorce in action ol Kugeiie L. Leids vs. Iva J. Leids was granted. ADDITION TO TAUULTY- The Normal School has receutly secured the services of Mr. Rockey as a member of the faculty. He is a graduate of the Ohio State Uni versity, and during his teaching experience he has spent two years in the schools of Porto Rico. Theie are now about tweuty-five Spanish speaking pupils in the school and it became necessary to have a teacher who can understand their language. Prof. Rockey has special charge of these students, and is capable of teaching any branches where his assistance may be needed. WHITE VS- 0. & If. RY- CO- The trial of the suit of Geo. M. White and Family D. his wife against the Columbia & Montour Ry. Co. bega n in Court on Tuesday morning before Judge Staples. It is an action wherein each claims damages in the sum of $25,000 from the trolley company, for in juries alleged to have been received by Mrs. White by the starting of a car before she had time to take a seat, and she was thrown down in the car and seriously injured. Clinton Herring Iisq and T. W. Sherwood Iisq. of Wilkes-Barre, represent the plaintiff, and A. W. Duy Kq. and W. H. Sponsler Ivsq. of Philadelphia are the defendant's counsel. Mrs. White was carried into the court room on a couch on which she reclined all day. Mr. Sher wood opened the case and Mr. White was the first witness. On September 21st 1 004 she entered a car nt the corner of Fifth and Mar ket streets, and before she reached a seat the car started, throwing her down with great force. Her hand was injured, her hips and foot were bruised. Sh? suffered much pain at the base of tli2 spine, her body was swollen. At first she was un able to walk, but had become able to move about for a short time with assistance. Prior to the acci dent she was a healthy woman. She fully deseiibed her sufferings. On cross-examination she said thai for some time prior to the ac cident she Had made regular visits to Dr. John for F'digestion. Geo. M. White, the husband, was the next witness, and he testi fitd to her condition after the acci dent, and as to bills paid for medi cal attendance. Mrs. Flora Walter, a daughter, testified as to the nursing and care her mother had required, and Mrs J. K Roys, also a daughter who was with her mother when the ac cident occurred, gave an account of how it happened. The features of the case on Wed nesday were the continued teiti moiiy of Mrs. Roys, and that of C. II. Mahon, an insurance agent of Pittston, who explained by mortal ity tables that the average life of a person aged 55 years was 71 years. Dr. Butler oi Wilkes-Barre testi fied that he had twice examined Mrs. White and found her affected with paralysis of the spinal cord, and paralysis and wasting away of the lower limbs. He thought the trouble was caused by a clot ot blood 011 the spinal cord. He be lieved she would be totally paraly zed in a year or two. Her condi tion could be caused by such an ac cident as hers. This closed the plaintiff's testi mony, and Mr Sponsler asked the court to grant a compulsory non suit on the gro-.uid that no negli gence had b -en shown on the part of the defendant. After argument by both sides the motion was re fused. Dr. Joseph C. Reifsnyder was the first witness called by the de fense. He differed with the physi- .1 1 ... - 1 . ; . . : .-r i cian caueu y me oiaiiuiu. as in; thought she had a good chance for recovery. Dr. Bruner also testified as to Mrs. White s condition. Charles Cooper, inotortuan on the car, testihed as to me manner in which the cur was started. The jerk was about the same 111 all cars, j and not sufficient to turow an ordi narily healthy person. Mr. Sher wood confronted him with a writ ten statement which, he claimru was differeut from the witness' pres ent testimony. S. A. Lutz, conductor on the car A. BANK ACCOUNT Gives comfort, happiness and security from the woes and miseries tnat come from poverty. The case with which you can save money and "pile up the dollars" may be a revelation to you. Begin at once. We welcome small deposits. $t QBfoomBBurg (Uaftonaf QSanft A. Z. Sciiocit, President. Wm. II. IIidlay, Cashier. Improvement Com pany vs. Town Judge Staplos Decides Favor of the Defendant in Continued 011 S;h pmje, Jtll Culuun. J EXTRACTS FROM OPINION The long pending suit of the Bloomsburg Land Improvement Co. vs. the Town of Bloomsburg is at last settled, unless the plaintiff takes an appeal. Some years ago the town council bought Oak Grove from the Improvement Co. There was much opposition to it at the time. Subsequent councils refused to recognize the contract, and in 1898 the Company sued the town on the contract. At September court the case was tried, and a ver dict rendered in favor of the plan tiff for 52300.00 subject to a reserv- j eJ question law of as to whether the town had the power to buy a park. This point is now decided by Judge Staples in an opinion filed on Monday, in favor of the town. The following are some extracts from the opinion: "There was 110 such necessity of the town which required it should lease Oak Grove park. There wa-- 110 authority to lease it that could be inferred from Sec. 2, Article 4, wherein it had the authority to regulate, iuterspal ia, public squares; nor is there any tiling cuiitaiued in Sec. 2, Article 17, wherein it provides that the Borougii had t'-e right or power to make such other regulations as may be necessary for health and clean !i uess cf the Borough as would give it the power to make a contract to lease the said park, as has been urg ea, ana especially will this more clearly appear when the preceding articles, namely the 15U1 and 16th are read; article 17 being in line with the foregoiug two articles, and clearly intending to refer tc such measures as are ordinarily made or done towards a good, sanitary con d;tion of a town or borough. It would be establishing an exceeding ly bad precedent to hold that a con tract like that proven in the above case could be held to be proper and within the power of a town to make upon the ground that in the opinion of the town council the said park was necessary lor the health and cleanliness of the town. The park was not indispensable There is nothing in any ot the Acts of Assembly which could im ply a power to lease the same nor is there grant of such power in ex press words. The people of Blooms burg had no need of such a place for the purpose of good air, nor for recreation, and the town council exceeded its powers when it enter ed into a contract like that up on which the plaintiff seeks to re cover. It was beyond reason and unwarranted, and the attempt of a municipality to enter into the park business, based upon wrong princi ples and without a power that cu.iU be fairly implied trom its acts of incorporation or the General Bor ough Acts of April 3 1851, some of the sections oi which applied U il. If a town or borough could enter into contracts ol this nature, upon tlie theory, such as that contended for by the plaintiff, and therefore being within the discretion of the t nvu council, it would easily and quickly ruin the tax-payers by mak ing extravagant and unreasonable contracts with parties like the pic- seut plaintiff. The annual rental ; Suggestions AS TO XMAS GIFTS Pocket Knives Enamel Ware Food Choppers Carving Sets, Rogers Asbestos Sad Iron Sets Rochester Nickel Ware Silver Ware, Fancy China Watches, Mechanical Toys Sleds, Rocking Horses, Etc. ABSOLUTELY CUARANTED GOODS. For Sale by J.G. Wells. B LOO MSB URG. PA . rent as asked and paid and as after wards contracted tor could only be upon the basis of tne improvements and moneys expended by the plain tut tor the purpose of entertainmen of people, which the town itself would have no right to provide for It 4 per cent could be considered fair return for an investment, the rental as claimed could represent total investment, or value for the said real estate, and its improve inents of $12,500. Who would contend that the Town of Blooms burg would have been justified in entering into any arrangement o that kind, or of purchasing real es tate ana nuking improvements at the far tnd of the town to cost that amount? The opinion then proceeds to an swer the arguments advanced in the briefs. In closing the followiug order is made: 'December 11, 1905, for the reasous above stated, the Court is ot tne opinion tlie contract as made was ultra vires, and there was no evidence 111 the case which en titled the plaintiff to recover, and judgment is entered in favor of the defendant, nou obstante veredicto. HO FKEE CALENDARS For some time past the Colum biax has been giving its patrons : calauder each year, the custom has been discontinued, and we have no calandars for 1006 'or free dis tribution. There are several reasons why it is stopped. One is that it is too expensive. Lalanoars cost money, and we have have beeu giving away a thousand or fit tee 11 hundred. Though wages and all other ex penses in the office have increased, tne subscription price still remains it the very low sum ol one dollar, uid we must either cut off every Hung in the shape ot a premium or increase the suDsenpiion price. J We prefer to do the former. i .1. . . . ? . a I . . .1. . .. .. snowier reason is mat wuen we give a calandar to one patron we are besieged with requests from ten people who never were our patrons, and who never come inside of our office but once a year and then to ask for a calandar. Again, there is no other paper ,fn small tract of land like Oak I on this side of the river that has Grove park without any imorove-! bcei1 ivill away calandars and mU,,tc ,wi it in a tnvun tiw Hi there is no reason why we should of Bloomsburg, would be exceed- iiwilu umll u.ti rmnnMrnd with ill itut named iu the coutract and the 'give away no calandars for 1906. I monopolize the gift business. For these and other reasous we shall A MAN'S CHRISTMAS What most Men want lor Christ mas is something that they can wear. House Coats, Bath 1'obes, Bain (-oats, Neckwear. Gloves or any of the numerous articles that you can select so well from our Haber dashery Department. An Overcoat or Suit would make an Admirable Christmas Gift Bring in your measurements and, if the garments do not lit, we'll cheerfully make any ex changes or refund your money after Christmas. Come to a Man's store for a Man's Christmas. BEN GIDD1NG Corner Main and Center Sts. Come in and see us, we'll treat you right. That Present For XMas For years we have made a specialty of carrying a large line of useful gifts for the Holiday Trade. Articles of personal adornment arc all right in their way, but an article that can be used all the year around, and that brightens up ones' home is certainly a more desirable gift. Two Articles that are always accept able and always useful. Rockingchairs and Rugs. We carry large lines of both and at prices ranging from f)0 cents for a small velvet mat up to $2.".00 for a carpet sized rug, and from l..0 up to 20.00 for rockers; all prices in between, and in every grade. The best that can be bought for the money. Look Our Line Over Before Purchasing. ME LEADER STORE CO., LTD. 4TH AND MARKET STREETS. BLOOMSBURG, PA -- I 2X3. ft!
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