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
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