C
VOI. LXXY.
AND ANNA BIBLE
VS.
Borovan or CENTRE HALL.
Lizzie Binns
in
The decision
} Inthe Court of Common Pleas
of Centre County,
J No. 278, August Term, 1900,
full and verbatim
entered into a written agreement with
the Borough of Centre Hall whereby
the said borough acquired “the right
to take all the water and to exclusive-
ly appropriate the same (save as here.
inafter excepted and reserved) upon all
that certain tract and piece of land sit-
uate in Potter township, Centre coun-
ty, Pa '" accurately described by ad-
Joiners containing seventy-six
sercs, more or less. For this right the
borough agreed to pay a rental of fifty
doliars per year for five aud
thereafter of seventy-five dollars per
year for the balance of a term of nine-
ty-nive years, Io addition to the pay-
ment of this sum the borough agreed
to build a reservoir for the use of the
plaintifls, and fo Iny certain pipes, ete
For two years the borough paid the
sum of fifty dollars in advance under
the agreement. It refused to pay the
third year, and refused to lay pipes
and make the o'her constructions
The plaintiffs now sue for the
for
down
and
years,
as
agreed
reut for the third year and
ges for the failure to put
pipes. The amount in dispute
agreed by the parties to be $149 25
dam-
the
Was
vg
i
At the trial the plaintiffs proved the
agreement; the failure to pay the rent
and to make the constructions
tracted for; and that the defendant had
con-
laid pipes on an adjoining farm, tak-
ing water therefrom, and by means of
ditches aud pipes had, without enter
ing upon the plaintiff's property, ab-
stracted water therefrom. The de-
fendant borough by indefinite
testimony challenged
that water was taken from the plain-
tifl’s farm. the
unimportant to its preseat determina-
tion.
SOne
the allegation
case is
This phase of
The defendant then offered to prove
that anterior to the lease or agre ment
a committee of the borough council in-
vestigated the amount and location of
the water on the plaintifi’s property;
that a spring, called by the defendant,
the Laurel Spring, was pointed out by
erty: that one, Riter (a member of the
council) ‘represented to the said com-
mittee that be knew that this particu-
lar spring was upon the Bible pre per-
ty, and that be had authorized
by the owners of tLe
show it to the that n
other water upon the farm was suffi-
been
ible farm to
committee" 0
cient in quantity and elevation to be of
value to the borough; that the plaio-
tiffs contended and represented “so far
as the borough kuew,”” that the said
spring belonged to their property; that
the first two annual payments of rent
were made upon the belief by the bor-
ough that the said spring belonged to
the plaintiil; that at the time of lay-
ing the pipes to the said spring one of
the plaiotifls gave that the
spring and the water therefron be-
longed to the plaiatiffs, and required
the borough to comply with the lease;
Lhat the Jease was executed by the bor-
cugh on the belief that the said water
and spring belonged to the plaintiffs
and that the borough was purchasivg
the said water from the plaintiils and
that the contract was not entered into
by the borough for any other reason
or upon any other conditi nn; that sub.
sequent to the payments of rent the
borough wus notified by one, Bruss,
that the water and the spring were up-
on the Druss furm, and that the bor-
notice
the borough by survey discovered that
the claim of Bruss was correct, and
that the borough is ‘‘not using any
water from the Bible furm, nor intend
to.” This offer was excluded. As no
further evidence was submitted, the
Court directed a verdict for the plain:
tifls.” The exclusion of the offer and
the directed verdict are the bases of
complaint hereof. If the off:r was
properly excluded there was no course
open to the Court but to direct a ver-
diet. The question is narrowed then
to the ruling upon the offer,
The first item of the offer is seen to
be to prove representations ou behall
of the plaintifls that a particular spring
was upon their tract and that these
represents « induced the contract
But the uiter include any
propositiou to prove the authority to
the alleged agent making such repre
sentations, save us they might appea:
by his own declarations. Enough ou
this point. The appellant construes
the the offer to be to
prove a mutual mistake of fact at the
exe ‘ution of the contract by reason
whereof the coutract should be rescind
that the
spring (called appellant the
Laurel Spring upon the Bible
farm, whereas it was upon the Brus
furs. The geperal rule is that an ac
dove or a coutract made under a mis
take of a material fact, is voidable aud
in equity. jut the fact
must be material to the act of contract,
“for though there may be an accident
al mistake, or
uout
aus
balance of
ed. The mistake alleged is,
by the
was
relievable
iguorance of the fact,
yet if the act or coutraet is not materi
ally aflected by it, relief will not be
granted.” Riegel va, Ins. Co., 153 Pa
147, Assuming that a mistake, reliev-
able in equity, is admissible as matter
of defence, iu 8 commen Jaw action,
the defendant does not explicitly off.r
to prove a mutual mistake, Further
plaigtifls
showed in eflect that the spring (called
by the defendant the laurel Spriog
kuew of no spring Ly that vame, ang
thal they never represented or assert
ed that the spring described by the de
fendant was upou their property. This
the oiler does not in terms propose to
contradict. Again, the coutract whict
the defendant executed and de
sires 10 rescind, itself does not purpon
10 be u lease of auy particular spring
The existence of the sprig describeo
by the defendant is not a fact upon
which the contract by its terms in any
way depends. The language is gener-
ul. The lease is of all the water upon
the laud of the plaiotifls, and, as ap-
pears by all of the testimony, there are
several sources of water supply upou
the land. As the mistake offered to
be proven is not of a fact which one of
hie purties asserted, believed or as-
sumed when the contract was made,
mutuality is absent, it is of a fac:
not matetial to, or of the essence of,
the contract executed, another defect,
equally fatal, appears in the offer. The
proposition iu this case is rather to
prove a mistake made by the borough
than a mistake common to both con-
tracting parties. Had the learned tri
al judge given some intimation of the
reasons which induced his action tak-
en in this case, we would have experi
enced less labor io its review. What.
ever his reasons, he reached a right re
sult. Tue judgment i+ affirmed.
now
As
H. E Harshbarger, of
Mills, was io‘town Saturday evening,
and ealled around to see the Reporter,
Mr. Harshibarger is in the thieshing
business, but stroked off the last
bushel of the 1901 erop some time agr,
makes weekly trips to
doing a regular huckster business,
Lewistown,
He
and that great preparations are (%ing
made for building operations next
summer,
during the sixties stood to the guns in
defence of Uncle Bam's striped
breeches, called at these quarters Batur-
day. Mr. Harper, it will bs remember-
ed, last summer by fire soflered the
loss of his home along the pike. The
fores. fires of 1001 will never be
forgotien Ly the old soldier,
Jacob 8B. Auman, of Potters Mills,
drove to Centre Hall Saturday to ate
tend to a bit of business of luterest to
both the Reporter and himself, Mr,
Auman is the all ’round man of the
Richtley Bros. —Luilds tram rosds, re
pair trucks and a host of like things
that look easy, yet mu 4 be understood
todo properly. The Riehtley Broth
ers, he says, are doing a big business,
M. L. Emer'ck is a juror this week,
representing the borough in that ca
pacity. :
George EE Heckman, farmer west of
town, was oue of the Saturday evening
callers.
Sheckler’s moving pictures Saturday
night were appreciated by those who
saw them,
The “ground hog" saw his shadow
Bunday, and now, it is said by tradi
tion, six weeks of stormy weather are
to follow,
Thomuss A. Bennage, of Centre
‘Hall, is looking for a home. He
would like to buy a property with
twenty or more acres of tillable land,
Sunday and Sanday night it was
unusually stormy, The snow Was
driven at a furious rate by the wind.
There was little travel; little church
going.
| Bpecial services will be held In the
Presbyterian church of Spring Mills
| during the week beginning February
9th, closing with the celebration of
| the Lord’s supper on Sunday, Febru-
| ary 16th, at 230 p. m. The Rev. John
| T. Beott, of Bellef inte, will 1 asist the
| pastor during st least prt of the week,
All are cordially invited,
i
TOWN AND COUNTY NEWS.
pointed state librarian for three years,
Dr. Reed is president of Dickinson
College,
granted a pension of $30 per month
and Charles F. vomick, of Abdern,
one of §8 per month.
Constable W. H. Runkle and James
C. Runk'e, of this place, Tuesday went
to Williamsport, where they will
visit their sister, Mrs, Shreffler,
Mr. and Mrs. Lycurgus C. Lingle,
south of Centre Hall, tonight, Thurs
day, will entertain a number of their
the valley.
at Btabenville, Ohio, which the
Brothers exp ‘et to occupy before long
John B. Hagen, contractor and
5
town Thursday of last week on the
of which will
he found, a notice
foundelsewhere,
Mrs. Miller, of Rev,
Miller, decesred, of Johnstown, arrived
in Millheim last week, and will spend
he remainder of the
laughters, Mrs. C.
Mrs. M. C. Gephart.
H. G. Strobmeier, marble cutter in
wife
H. Morris and
aear Balooa, to mark the last rest
ing place of Mr. and Mrs
line, who died in
Mrs. J. B.
Lenin 18G7
WMILOVO, $83,
Robenoit, liv on the
ing
with smallpox. She had gone to
ity hospital to have an operation per
the physicians discovered her to Ix
«fMicted with smallpox. At her home
one of the children also has smallpox
Friday afternoon B. D. Brisbio, of
this place, started for Hartford, Conn,
at which place he will
for a week. He will
ed home by his wife in
reman
be accompani-
a few
daughter, Mrs. H. J. for the
past two mouths,
J. M. Moyer, of Tusses
town Haturday.
smith and
hustler all
foon,
ville, was in
and
He
builder,
‘round,
wagon
the way un
flairs f a
to
to administer the s
state like Pennsylvania, according
honest
in the Bible va. Centre Hall Boro.,
volving claim for rental, handed
down by Justice Wm. W. Porter,
published in full in this issue. The
opinion given is the opinion of the
justice, in his words, ex-
in
as
is
and not an
ra Grossman, of Penns Cave, took
advantage of the good ‘sledding Satur.
day and made a trip to Centre Hall, »
point not often reached by him. Mr
tirossman lives on the Mingle-Arney
peach farm, on the North side of Blue
Jall, and is anxiously awaiting the
opening of the pink peach blossom.
For the past year the price of butter
has been higher than for years. The
advent of the modern creameries, such
a8 are conducted by the Howard
Creamery Co., has been largely respon.
sible for good prices for the produet of
the cow, at the same time immessure
ably improving the quality of butter
placed on the market,
W. C. Bunnell, the music dealer, of
Milroy, had an upset near Foster
Fraziet’sat Colyer, His sled was loaded
with an organ, aud io his endeav-
or to avoid passing over crushed stone,
his sled struck the edge of a small
bridge, which tilted. Little damage was
done, the team soon being crptured by
J. 8. Housman, E«q, who perform.
ed the same feat twice before for the
“organ man.”
George W. Spangler, of Tussey ville,
who like pure wine seems to improve
with age, graced the Reporter with
his presence.’ Mr. Bpangler gives good
council to Potter township Democrats,
by saying that the ticket in the field
should have their united support, be-
cause, if for no other reason, had other
candidates been successful, they would
have desired the same support. That
is pure Democratic reasoning, and will
undoubtedly prevail.
G. Howard Rishe!, who for some
year's has been located in New York
City, is back in Pennsylvania, having
settled in Athens, Bradford county,
with his wife, aud is doing busines
for the North Western Life Insu
Co., of Milwaukee. Mr. Rishel is well
will beglad to know that
pering in the josurance bus
which line of work he is
weil fitted,
is pros
’
| COUNTY COURT NEWS.
| aS REPORTED BY J. VICTOR ROY
ER, ESQ
| Court convened on Monday at 9. a
ing. The
| were of
i
following BSherifl’s
fered ;
[ Trust Co., continued until next W d-
nesday,
| Cyrus Brumgart to Clement Dale,
| acknowl! The
{was Robert Kiokead
edged. first case
I
{ Pierce, both parties from Philipsburg
After
vs. Rosa
the jury was sworn spd cus
{the record. The defendant
| the cost of the plaintiff,
{ Ib the
| Fleck
the case
A.
“nn
afternoon
ve. Valentine
up. This
|divorce, The suit wus bre
i
i taken Wis action fin
nght under
The
{ charge and
| ment, evidence sustained the
| plaintifl
Judge Met lure,
| district, who was
of the
called for
at 4:15 p. m
| took the bench in the case of Henry J
cases, arrived
| Rothrock vs. Thomas Rothrock.
| Tu 1878 a confessed
judgment was en-
{ tered
Rothrock.
was grauted to
5
against Thomas i
1901 & rule show
Cillne
{why the judgment
i}
pened, This is the trial of the issue.
ALUESDAY MORN]
Cotirt convened
g with Judge Me
It
Arbitration
$49
ure
Judge
oun and {
r
re
{ Court
Roth
F FTOCK was
Fhomas Hotline
It
| fense that th
4
in 187
gr
1s . t ¥
Higieral security for recognizane
cisimed that it
four
105
plaintifl
| RIVED as security
| Henry Rothrock to Thomas Bothro
i the expenses of trial.
{eo
Was given in the bar-room of
Wn
bear
| nots
| Clearfield House, in Lock H aven, dur
jing the first evesing
of the trial.
Judge Love presided in the case (
the B
Af
i
Gephart ve, «1 1
R. Co. Thuis
| pass brought f
by Mr. Gephart
is an action of tres
r
in
duinages
a Railroad
.
he Bellefonte Central, Februar:
eos IV
on t
i $
100 1 his left
ed.
iin
AriL Was
s by whic r
Mr.
ff
Bellefoute, f
ij
£s pusrt is deales
Milibeim
'n ta
record Was
the music
rmerly of
the Pp aintifl Aion
di
{ covered, snd the plaints moved
| Aller part of
i f
{was in, a defeel iu the
stnend., The denfeuse plead sITPTine
| and the case was continued at the
tiff
pi
of the i lain
Nearly the whole of Wednes lay was
taken Gp with the Rothrock case, Af -
er hard legal contests as to the admis
sibility of evidence, the case weat lo
the jury.
Another jury was called into the
box and the case of the Lehigh Valley
‘oul Co. va. Jacob F. Folmer, admin-
istrator of Patrick Ward, deceased, ot
al, was taken up. Court then adjourn.
ed until Thursday at 9 a. m.,
the case was resumed.
The jury in the Rothrock ease
brought in a verdict fur the defendant.
The Kulp-Hough cases were contin
ued on account of the sickness of sn
fuportast witness,
Se imsm— A —— fp co
LOCALS,
Prof. Crawford's music class opened
Tuesday eveniog in Grange Arcadis,
John Miller, of Dubois, former barber
in this place, arrived Tuesday
evening.
Mr. aud Mr. George Weber, of
Lock Haven, who had been visiting
Willis Weber, at Rebersburg, returned
to their home Thrsdav,
Mrs. Bamue' Gross fr tho past for r
weeks has been suffering greatly from
a bealing on ber face and neck, esuscd
first by a decayed tooth,
Edward Lucas, who isemployed in
a large clothing store in Puiladelphia,
after spending a week with his
parents at Centre Hill returned to his
past of duty,
Woodward's seals will be the next
big attraction tv be seen at Keith's
Theatre, Philadelphia, and the Eng.
lish Pouy Bait, whieh will be seen
for the first time in Philadelphia.
F. B. Mills, seedsman, Rose Hill,
N. Y., offers 110 varieties of vegetable
and flower seeds to every one that
sends twelve cents, together with the
names and addresses of three friends
who are likely to plant seeds,
On Tuesday evening Clark Carson
brought a sled load of little girls from
Bellefonte to the home of Mr, and
Mre, John W. Conley, east of Centre
Hall. They were, Misses Nellie Cou-
ley, Helon Moore, Margery Lyon, Sa-
rm Mi Clure, Louise Brachbill, Bettie
Orvis, Grace Dale, and May Brown,
They were chaperonsd by Mr. and
Mrs J. Will Cou'ey and Miss Pea:l.
when
NC). 6.
There are still quite a number of
[ Centre county people in Btephenson
{ county, Ilinois, of whom nothing has
{ been sald jo
| tions, who are prosperous acd deserve
Dr. C. P. Leitzell, of Cedarville, 111
§
{a
ifi=
He
8 one of the leading physicians of the
with his
her located at his present home.
prac.
Finapcially, Le is well fixed.
Harry B. Leitzell, of
was born
‘10e,
Freeport, I.
in Balona, Pa, and is a
brother of Dr. J. B. Leitzell. He is
tvother of our popular and successful
roung men; is quite nu expert mechan-
¢ in steel and iron and works for the
Haufer Bros. in their extensive nove ity
He is one of rererved
wen, who attends strictly to his
Usiness; owns a fine home in the city
Line
2CLOTY.
«CW
1
He is honest and industy ious,
Cieorge Smith, of Dakota, Ill, came
He
near
vest about fifteen years ago.
wy of Je wep h
ix
a
of Peon
‘or
Smith,
a
few yours after he came west he cop-
iucted a blackemith shop; be now
wos and conducts a hardware store,
model
far
ierinker’s establishment: is a
nau, a good citizen, and t} Lins
us
nade u success of all bis undertakis gs
1 Lusitess,
James B. Crawford, of Freeport, 111
in Hall, and
He
is engaged with
i
AUG is
is doing
here about
the Ha-
mn
has been
¢h Years;
er Bros a trustworthy in
i
i
i
i
!
i
i
strictly
to whatever
¥, a good eitizen, temperate
d attends well Le un-
iertakes to
Oscar D
west fron
do,
J y of Freeport, 11
n Centre Hall twelve
Al present he |
f the savings bank department in the
He
erin as town clerk, an office
DENCY
ie
Las
Years ago, charge
<iale Hank. is sIving
to which
we war elected with very large msjori-
ies each Lime,
George B, Craw ford came from Penn
f
Hall, 1s a farmer and located about fi
cen wiles west of Freeport. For some
ears he worked as a farm haod but at
| present is conducting a farm and is do-
jing we'll, His wife is a daughter of
| Elias Fetterolf, of near Spring Mills,
Iil.,, many
icted a store in the Gap
near Howard, came west forty years
for twenty or more fol-
prosperous and
covsiderable
HViIDg al ease,
re-
James Bock, of Dakota,
’
VEHES 80 C01 di
ago, and
lowe i
aller
VEeLrs
5
farming: was
accumuiating
weallh retired, and
$ in
He is a very five man and mu ks
spected io the community,
James Conley, son of John Conley,
Calle some
in
a Miss
.
tear the
aud are
of pear Cente Hall, west
VEAars spo,
He spent several Jears
port, 1il., then
i
miout, who owned a
Free arrived
farm
city, where they now reside
doing well,
samuel Lamb, of [Lidott,
Iii.
fal
came
least
ustry and
LConomy on his farm became wealthy.
He makes his home with Lis son Will-
on the uid
ii
fie
west from near Jacksons
f aud by
fia vps
HILLY YeRis apo
ing
lives
Mr. Lamb ji
Bul
iam, who homestead,
years of
cure aud com-
zen, with-
Mil « Iguty-six
wilh
#
age, nnuq gets nbout
fort; he isa {ine man and eit
out an ervey.
William A of Dakota, 11. came
west at an early day veleran
near
citi-
the
he is
hie fs a
school teacher, came here
Jacksonville
8 RNG is
rom
eoted
of
womiortably
Juries Askey ane WHE &
any Vears
He OWDsS 8
of Or-
{0 re-
Or-
resi.
$154
ti east
soni d
IAI ang in
we lo
s Where he owns line
nee,
Within the
{
years many of the id set
or twenly
who
have
Among
muel and Solomon Fish-
er, formerly of Millheim: Solomon
Hoy, David Zimmerman, Peter Emer-
ick, Levi Candy, of Hublerst urg, and
id n=, Lease, Sw auzey and As-
of Jacksonville. They
and greatly re-
{ ] who do
Pai
LIers
Came bere from Centre eounty
passed to the unknown future,
~
Were a
in
plies
were all prosperous
pected, and
i eRVe »
onor to their names.
The weather is fine,
il this
ary and roads goed.
but
very little
wittler; ground
SHOW Or rain {
f,
That fe we are in
leath” was most sorrowfully illustra-
ted on last Saturday night, Jan. 25th,
when iu the midst of a presentation of
“in the midst of li
the ¥. P. 8. C. E. in the University
fon. Mrs. Margaret McKee
stricken with an apoplectic stroke.
she was removed to her home,
of
Was
corner
Beaver Ave. and High St., where
«hie lingered in an anconscious condi.
tion until Thursday, Jan. 30th, at 6:30
Her
feath has cast a gloom over the whole
community, for she was a friend of
very one, bul it is especially among
he poor where she will be missed as
shie was always their friend and helper,
ever ready to do and give to them at
all times, Mra. Margaret Melee was
the wile of the late Prof. James GG.
McKee, later Vice President of the
Peun’a State College, and is survived
by a devoted daughter and three sons,
viz., Mary G., at home ; George and
Willie, at Youngstown, Ohio ; Arthur,
st Cleveland, Ohio. The funeral
service was conducted by the Revs
Denniston and Gill at the Presbyterian |
church on Saturday afliernoon.
gp. m, when she passed away.
Mrs. Hallie Schreck, aged widow of
he iate Peter Schreck, died at he
Lemont home aged seventy-nine years |
She was a member of the Evangelical
church and was buried Thursday morn-
ing at the Linden Hall burying |
ground. She was the oldest citizen of |
Lemont and was a genial, kind old |
lady,
dane i
Jobin C, Stitzer, of Miflinburg, died
suddenly, Jan, lst, and was buried on
the 4th. The deceased was over sev.
enty years of age and was a member of
the Methodist church, A wife and
four children survive him, namely,
Wm, Williamsport; Clyde, Charles
and Grace, at home, three children
baving preceded him to the eternal
world. The following brothers and
sisters survive him: H. Y. Stitzer, at.
toroey, Bellefonte; Mrs. Amelia CO.
Murray, Bellefonte; Wm. Stitzer, Re-
bersburg; Mrs, Sarah E. Zerby, Colyer.
On the evening of Dec. 81, Mr. Stitzer
attended a watch-night service in the
church and ou his return home com
plained of pain in his head which
grew worse until he became uncon.
scious, and died the day following at
11.30 o'clock. He was a saddicr \y
trade and highly respected by all who
knew him. dy
Hon. James
MANY Years was
fonte aud of
Milliken,
resident of
who for
Belle-
its most prominent
of resided
died Tuesday morn-
due infirmities
Inter
, Thursday,
a
ane
but who
in New York city,
ing. Death
incident
ment will be made 1 day
in Bellefonte.
James Milliken was the third son of
Foster Milliken and born in
Mifflin county, Pa, July 23, 1526, mak-
ing his age seventy-five years, six
months and nine His father
died when James was quite young
leaving the family in limited circum-
stances, #0 that at an early period. in
life be was placed with the Messrs.
Valentine, of Centre uty, as a
clerk. He acted as their agent for the
sale of their iron in New York state
and was for several years located for
that purpose in Elmira, N. Y. He
later engaged in business with his un-
‘les at Lewistown. In 1850 he entered
the grain business in Philadelphia, the
firm being Richardson & Milliken, bat
after a few years he engaged in busi-
ness more suited to his taste, the
manufacture of iron, becoming a
member of the Phoenix Iron Company
of Philadelphia,
Mr. Milliken was a prominent
Republican and nominated Gen.
Beaver for governor at the convention
in Harrisburg, in 1882. He trav jed
extensively and accumulated great
wealth,
citizens, late has
was
to his advanced age,
Was
days,
ne w—————
Death of Mr, Kennedy
D C. Kennedy, of Corry, Pa, died
cuddenly last week from the effect of
paralysis. Mr. Kennedy was an so-
tive member in the order of Patrons
of Husbandry, having given much of
his time and energy for the geod of
the order. In the early winter he
spent a week or more with Hon, L.
Rhone in canvassing Centre county in
the interest of the Grange. He was a
member of the executive commities of
the State Grange and solicitor for the
Patron Relief Association.
Crught he Petting,
James H. Rive, who is employed in
the planing mili of P. B. Crick p
& Bou., Bellefoute, sustained quite a
severe injury, says ihe Daily News.
He was puttiog on a 1 ew belt when in
some manner bis right arm became en-
tangled in the belting and before
could free himself bis arm was