THE PITTSBURG DISPATCH. SUNDAY. SEPTEMBER 21. 1S90. 5 was affirmatively recommended by the Fi nance Committee of Councils yesterday. A CLEAR TITLE TO THE POOR FARM MAY BE GIVEN TO BLACK & BAIRD. Judce Eninc Hold That the Lnw Wai Complied itli in tho bale of the Property Dcfininsthe Poorer Vetted in Council. Judge Ewing's opinion on the sale of the Poor Farm is as follows: The parties by writing filed hare agreed that the Court shall pa-s upon the hole case made by the pleadings and affidavits without a mas ter's intervention and enter a final decree. There are really no facts in dispute. The allegations ot tact contained in the bill are ad mitted by the answers, except that ot collusion between the parties proposing to purchase, and that is squarely denied by the answers, and complainant's counsel abandon that allega tion. The proceedings in relation to the opening of the proposals, as set forth in the complaint, were in strict accordance with the previous or dinance of Counc.ls directing the advertise ment for proposals to purchase. The mtsburg Citv Poor Farm, situate in Ml til m township, Allegheny count-, with all the improvements thereon, was wholly paid for by the sale of property belonging to the city and by taxes levied on the entire city therefor. At the 14th of June, 1SS7, the legal title to this property was in the Hoard of Guardians of the ".)or of the City ot Pittsburg. This board was elected bytbe City Councils, and performed the municipal functions of caring for the poor of the city. The board was but a trustee of the title, with no interest otherwise in the properly. It was in no sense a private corpora tion. By act of JIarch 22, 1S77. it was declared to be a department of the city government. POWERS TEASSrEKKED. " By act 'of May 2a, 1SS7, this board was au thorized to sell the Toor Farm, with consent of Councils, and from the proceeds purchase other lands m Allegheny county and elect buildings thereon, and pay the balance into tho Citv Ireasury. By virtue of the act of June 11. 1SS7, relating to cities of the second clas (i. e. Pittsburg), the powers and duties ol the Board of Guard ians of the Toor weic taken away and trans ferred to City Councils and the Department of Public Chanties. Assuming xor the present the acts to be con Mitu.ioual and as we interpret them, upon the j eorganizition of the city government tinder the act or JuneH. 1SS7. all the powers and duties of the Board of Guardians w ere ended, unless it was the duty of executing a formal conveyance of the properly la question to the city. Ihey wcie tnen mere naked trustees, and while it may have been their duty to cou veytbc legal title, such conveyance' was not necessary to the ownership of the city. After the term of office of all the members of the board who were in office June 14. 1SS7. bad ex pired, and when the ordinance took effect, February 1, lbSS, the said board did execute and deliver to the city of Pittsburg a deed con- eying to the city all the interest ana title of said board to the rroperty in auestion, to wit: Jul 21, 1S9G. So other members ot s ud board bad been elected after Juue 14, lsST. In our opinion the city had the title to said property Tith the right to convey it in accordance with the law, and no such power exists in the late or any future Board of Guardians. The twelfth section of the. act of June 11, 15s, provides that tLe Councils of large cities shall have full power and authority to provide by ordinance for the relief and employment of the poor of said cities, and for that purpose 6Lau uat e po a er anu AtTTHOniTY TO SELL and purchase leal estate and improvements, and erect such impro ements ?s may be deemed necessary for the proper care and maintenance of said poor. This power is, of course, to be exercised in accordance with the law in rela tion thereto, whatever that maybe. In this case an ordinance of Councils, dulv passed, is necessary, fetich an ordinance, directing the sale of the Miftlin township Poor Farm, belong ing to tnccitj. was duly passed and formally appro cil b ueMator, as se: forth in the an swerer the nty of Pmsburg. It enacted that the vroncrty known as the "City Farm," th land in que-tion. stiould be sold and conveyed, and presci ibed tne terms and conditions of the sale, and prescribed the duties of the city rffi. cers in the premises, providing finally for the approval and acceptance of the bid by tho Citv Council, which lias been given by the joint resolution. This joint resolution has not been laid before the Mayor for bis approval. We are of the opinion that this joint resolu tion was not such legislative action as under the statutes required the approval of the Mayor. He had already approved the ordi nance directing the sale of this specific propertj and tne terms and conditions of the tale, everything except the mere price was fixed. It differs essentially from the case in relation to the purchase of a poor farm argued with this case. If then the various acts of as sembly cited m relation to cities of the second Be constitutional and valid we see no good ob jection to the validity of the proceeding, un less a decree of court was necessary. By act of Assembly of Annl 2 1SS7, it is enacted that the Courts of Common Pleas of the several counties shall have jurisdiction and are hereby authorized to decree a public or piivate sale of any poor house property or real estate held for tne lclicfaud employment of the poor in any count, cit, borougc, township or poor distnrt at such times and lu an.cn parts or parcels and upon such terms as in the opinion of an such court mav be. CONSIDERED MOST ADVANTAGEOUS. The second section provides for the petition ot the overseers, directors or managers, and that the sale shall only be ordered after a full and careful investigation bv the Court, and provides for the investment of the proceeds by direction of the Court. The third section of llio aot contains a general repealing clause of all acts inconsistent therewith. Does this act become a part ot the law governing the sale and purchase of property for poor purposes be longing to the city of Pittsburg (i. e., cities of the second class)? This and the questions of the constitutional ity of the acts of May 25, 1SST, and June 11, 1&S7. in our opiuion, raise the only doubttul ques tion in the case. Counsel for the defenuants have argued very forcibly and ingeniously that special and local legislation in regard to poor districts is l.ot forbidden in the Constitution of the state, and in this they are supported by a suggestion of the Supreme Court in the recent case of the Ov-rseers of Jer.Ks township vs the Commissioner of Sheffield township. With gre.it respect for the learned Judge mak ing tliu suggestion (who was a distinguished member of the Constitutional Convention) we cannot agree with this view until it shall be so decided by him or by the Supremo Court. It is true that the seventh section of the third article oT the Constitution does not is the pre cise word prohibit local legislation for poor dis tricts as it does for school districts, and for this very good reason tne care of the poor had alwajs been considered a municipal function and affair? of countie-, cities, townships and borough, for which local laws are prohibited in the second paragraph of section 7. While the unilorai rule has ben to ti eat school and school districts as something separate and iu dcpeuden.of the ordinary municipal govern ments, the same reasons will apply to other articles of the Constitution where school dis tricts aie mentioned and poor districts are not named. THE LAW IS GENERAL. It seems to us that the act of April 2S. 18S7, is acnerallaw providing for the sale ana pur chase of property, and for the care of the poor. These acts lu relation to the care of the poor and the property held for the care of the poor in cities of the second class can only be sus tained, and as independent of the general law. on the ground of the legislative power to classify cities. That this power exists is an open question. To what extent is a difficult aud doubtful question. Continuing Judge Ewing said that in the case of Howard versus the city o Pittsburg, ' tnty gave reasons lor sustaining as valid, the act of June 14, 1887, as against the title and to the main provision of the act. the main objections raised being substantially the same as in this case, it was not necessarv to report but simply re er to them as reasons for holding the acts in relation to the poor affairs of cities of the second class to be con stitutional, nor until reversed by the Su preme Court did they feel inclined to change their views. In conclusion the decree was refused and the bill dismissed. IT WENT TOO FAR. THE CITY CANNOT PURCHASE OUTSIDE THE COUNTY. Special I.fcl"lallon Siccunrjr Before the Mrtrml Farm Can be ISansht The Conn' i" Power In tin- 1'iemipcs No sus picion of Fraud or Cullu.ion. In the suit to prevent the purchase of the Stewart farm in Westmoreland county, Juage Ewing says: This bill is filed by the citizens and taxpay ers of the city of Pittsburg against the city and its officers to restrain them from entering into contract with H. 8. A. Stewart, one of the defendants, to purchase at the price of S700 an acre a tract of land containing 267 acres in Westmoreland county for the location of a building lor the care nd maintenance of the poor of Pittsburg, which is alleged and ad mitted that the city officers are about to pur chase unless restrained therefrom by the in junction of the Court. Tho bill sets forth and the answer admits the various steps taken in relation to this incboate purchase. There are no disputed facts in rela tion thereto, except the allegation that the price proposed is $300 to $400 per acre beyond the market value. The Chief of the Depart ment of Public Chanties followed out instruc tions directing him to advertise for ten davs for proposals for a Poor Farm. He was not bound to receive additional proposals after that time. There is no evidence of bad faith on the part of any officers, and the Court wonld not, if it had the power, interfere with the exercise of their discretion in accordance with law. Though we might, under the circumstances, have thought it advisable to reject all the proposals as either being largely beyond the mirkot value, or that a sudaen aud enormous advance had come in regard to country properties in this region, which might soon subside. The ordinance of July 11, 1S90, authorizing an advertisement for proposals for the sale of a farm to the city, con tains no offer or authority to purchase any par ticular property at any price, much less to re move the place for caring for the poor to a distant county. NECESSITATES AN APPROPRIATION. The acceptance of bids and purchase of property is, in our opinion, a legislative act of the Councils, and if valid, necessanlj involv ing the appropriation of money so as to re quire for its validity before it takes effect to be presented, duly engrossed and certified, to the Mayor for his approval. It is conceded that the joint resolution has not been presented to the Mayor for his ap proval, and that it was not Intended so to be. This defect might he cured if there were no incurable error in the proposed purchase. The citv of Pittsburg is one of the municipal cor porations of the countv of Allegheny. The care and maintenance of the poor of the city is and has long been treated as a municipal function and duty. The act of June 14, 1SS7. in relation to cities of the second class, P. L-, page 395, vests the power within the Depart ment of Public Charities. They have power within the proper limits and iu the legal man ner to purchase real estate for this purpose. Municipal functions must usually be per formed within the territory of the munici pality, unless the power to go beyond the ter ritorial limits is given by statute, or unless it may be implied because essential to carrv into effect those powers which are expressly granted. They cannot purchase or make im provements or hold real estate beyond their limits without such authority. "A power therefore given to a municipal corporation to purchase real estate without money does not authorize it to purchase or improve outside its territorial litni's," 101 Pennswvania Supra. There is no pretense of any express grant to the city ot Pittshurg to go outside the county of Allegheny to purchase a Poor Farm. There is clearly no necessity to go out of the county, as is shown by the affidavits tiled in the case, and as is well known to everyone reasonably acquainted with the territory of this county. THEY WENT TOO FAR. If the city can go to Westmoreland county to exercise this function of caring for the poor, it might with equal power and authority pur chase land for the purpose in West Virginia or Ohio. But the statutes are not merely silent on the subject. So far as we have been able to examine, the uniform rule In Pennsylvania where it has been deemed advisable for a municipal corporation to purchase or acquire land outside its territorial limits, has been to procure an express legislative grant ot the power so to do, or to ratify or confirm it after it has been done The city of Pittsourg and the city of Allegheny have several acts of as sembly authorizing tne poor authorities of the respective cities to purchase land for that pur nose in Allegheny county. In March ,1843, the "Oveiseers ot the city of Pittsburg," were authorized to sell a property and purchase "another within the county." In 1816 a considerable part of the land now held as a Poor Farm was purchased by Coun cils, and by the act of March, 1847, their action was confirmed. The act of Assembly, ap proved May 23, 18S7. entitled "An act relating to the acquisition, purchase and sale of real estate by the Boards of Guardians for relief and employ of the poor in cities of the second class," Pittsburg, was undoubtedly passed with a view to the sale of the Poor Farm and build ings in Mifflin township and the purchase of other property for the same purposes. The first section authorized the sale of the whole or any part of the farm occupied for poor pur poses. The third section authorized tne Board of Guardians to purchase, take and hold in like manner any lauds and tenements for Poor Farm or Poorhouse purposes within the county in which such cities may be. The third section provides that the money realized from the sale of property as authorized in the first section shall be appropriated to the pur chase and payment of a new farm or site and the erection of buildings thereon. POWER OF COUNCILS LIMITED. By the act of March 22, 1S77, the Poor Board was declaredto be a part of the city government. It did not require legislation to make it such. So stood the law, when by an act approved June 14, 18S7, entitled "An act in relation to the government of cities of the second ciass," the duties of the Board of Guardians was transferred to Councils and the Department of Charities. Section 12 enacts, "the Councils of said cities shall have full power and authority to provide by ordinance for the relief and employment of the poor of said city and for that purpose shall have power and authority to sell and purchase real estate and improve and erect such im provements as may be deemed necessary lor their care and maintenance." Counsel for defendants contend that this sec tion gives Councils unlimited power to purchase real estate without regard to locality. We are of the opinion that, standing alone, It wonld not confer any power on Councils to purchase land for such purposes outside the city limits. Also that the preceding acts cited conferring power on poor authorities to purchase lands for such purposes within the county of Allegheny is an extension and not a limitation on their general powers to purchase and hold real estate, and that the act of June 14, 1S87, is not con sistent with the other acs except in so far as it substitutes the City Councils and Department of Chanties for the Bqaid of Guardians. The City Councils have made an agreement to sell the Poor Farm in Mifflin township, and very properly intend to apply the proceeds to the purchase ot another tarin. But no appropria tion of this or any of this fund has been made for the purpose. We are of opinion that the act authorizing the Board of Guardians to sell and apply the proceeds to the purchase of land, eta. iu the county, is to be read in with and be comes a part of the law transferring the duties of tho Board of Guardians to City Councils, This view of the law renders it unnecessary for us to discuss the other grounds of complaint set forth in the bill and argued by counsel. 2JO SUSPICION OF FRAUD. If the provisions of the general act of April 2S. 1SS7, in force at the passage of the act of May 23. 1ES7 and June 14, 1SS7, are applicable, and the powers of salo and purchase are sub ject to the general law and therefore to be ex ercised under direction ot tbe Court of Com mon Pleas, it would alone be conclusive in favor of the complainant. Since the argument of this case and sinco the preparation of the foregoing opinion, the parties have very wiselv, by their agreement in writing duly fileil. put the case in shape for final aecree. There is really no important question in dispute, tbe evidence fails to raise any suspicion ot fraud or collusion witlLthe vender on part ot auy city officer or want of good faith, aud the market value of the land is as usual a question on which tho witnesses easily differ. There is tnerefore nothing in the case but a questioner law. Let a final decree for injunction be prepared as prayed for. A HEW CATHOLIC CHUSCH To be Dedlcnted ou the Southside Id Octobet. The beautiful new Polish church of St. Adelbert, at the head of Ft.teenth street, Southside, will be dedicated on October 5. The ceremonies attendant upon the dedica tion of a Catholic church are always grand and impressive. The societies from the different churches of the Southside, and also those ol Pittsburg nrrd Allegheny, will take part in the ceremonies. The new church is built in Romanesque style, and ho large pillars lo obstruct the view. It will seat 1,700 people. The gal leries alone will accommodate about 500 people. The rector, Rev. L. Iliskiewicz, is very anxious to have the dedication oyer before bad weather begins. Reached HI Parents. James Eisenberg waj sent to Beaver Falls ytsterday over the Lake Erie road. He is a 4-year-old boy who came from Germany. His parents live in the former town. The little fellow was labeled, and the kind hearted ship and trainmen watched over his progress. Dr. B. M. Hanna. Eye, ear, nose and throat diseases exclusively.' Office, 720 Fenn street, Pittsburg, Pa. s&sa BROKE ITS PK0MISE. The Failure of the City to Keep Its Pledge Will Spoil the BEAUTY OF THE NEW P0ST0FFICE. Architect Malone Saya a Great Improve ment is Retarded. CHIEF BIGELOW BLAMES COUNCILS Supervising Architect Malone, of the Government building, made a call at City Hall yesterday on an important mission. He desired to see some members of the Board of Awards in regard to the grading of Fourth avenue by the city to conform with the foundation of the building. The board was to have held a meeting yesterday, but the members failed to get together and Mr. Malone was unsuccessful in finding any ol them. During the afternoon a representative of The Dispatch accompanied the Superin tendent to the building and had the situa tion explained. Mr. Malone said: "When the Govern ment decided to erect this building the city agreed to make the grade of Fourth avenue, from Smithfield to Grant street, conform with the grade of Third avenue between the same limits. Though a number of years have elapsed no move of any sort has yet been made. That the work should be done is manifest from many standpoints. A NECESSARY IMPROVEMENT. "It certainly is one ot the important im provements needed in the lower part of the city. So far as the building is concerned it will be greatly disfigured on that avenue for all time. Relying on the promise of the city to keep its contract, the foundations of the structure were laid in accordance with the promised grade line. The proposed grade to reduce the hump would cut the street down about six feet at the highest point, Cherry alley and Fourth avenue, and would not be a very expensive work. On the other hand it would be of immense ad vantage to the thoroughfare, and all the property owners favor it, so that no objec tions would arise from this source. If it is not done, however, as I stated, the building will be disfigured permanently." On examination it was found that the en tire front of the building on Fourth avenue, with perhaps the exception of a lew feet on the Smithfield street corner, is below tbe present street grade Irom one to six feet, ac cording to the increase of the hump up the thoroughfare. At the avenue entrance a broad flight of eight stem have been laid. It the city does not make the grade, four of these trill HAVE TO BE BUEIED TP in making the building yard level with tbe street- A wall 50 feet long from Cherry alley down will have to be built, and this will leave the corner rooms, one ot which is to be used by the superintendent of mails, about five feet below the surface. Another well will have to be built along Cherry alley between the avenues, which will to an extent obstruct that part of the building considerably. The urgent necessity of the case will be seen when it is stated that the Government is preparing contracts for the completion of the work at once, which will leave it in con formity with the present grade unless the city acts promptly. Should the cut be made at any time after "this is done, then the city would be liable for damages to Uncle Sam for removing the fences and pavements and uudoing the work mentioned above, which would be quite heavy. Continuing his talk, Mr. Malone said: "The progress of Fourth avenue has been retarded lor years owing to this bump. Below Smithfield street a nnmber ot mag nificent buildings are now in course of. con struction, and several have been completed since the Government work began. Between Smithfield and Grant streets not a single improvement has been made during that time. SHOULD KEEP ITS PROMISE, "I fail to see why the city cannot carry out that promise. I notice that whenever auy street railroad companies require grad ing done it is attended to promptly. I am not in a complaining mood, but this it a matter that interests everyone who takes pride in the new building, and it should re ceive attention." Chief Bigelow, of the Department of Pub lic Works, and also a member of the Board of Awards, was seen last night. He said that the board could not get Councils to act in the matter, and he was about certain that it would have to go over for another year. He was aware of the fact that this would knock the improvement out, as he knew the Government intended to act at once. He ex pressed regrets and said it was a shame to mar the beauty and usefulness of such a splendid building, and he was sorry to see it done. It Mr. Bigelow is right in his surmise the promise of the city will come too late to avert what Mr. Malone considers a very se rious mistake on the part of the municipal ity. LOVE, BTJNSHIKE & CO. A Combination of Nauiei That Amused nn Observant Man. "Did you ever notice the names of busi ness firms on their signs as you walk along the street?" remarked a man yesterday with an observant turn of mind. "On the prin ciple that present company is always ex cepted, I won't refer to the names of busi ness firms in Pittsburg. But what do vou think of this for a combination. "A lew davs ago 1 was in a neighboring town, when I was attracted by this sign, 'Love, Sunshine & Co. The two should go together, but whether in this case the part ners loved each other, and in consequence there was much sunshine, I didn't stop to inquire. It struck me as peculiar, and I couldn't help stopping and looking at it. Such names, combined as they are, ought to make men famous in spite o. the saw that there is nothing in a name, anyhow. 'Irish & English' was another sign that caught me. Just at this time, when these two classes have no particular love for each other, the association of the names resem bles the lying down of the lion and the lamb. Here.titer look at the names that compose partnerships, and you will fre quently be amused." MB. H0LB E00K APPOINTED. Ho Sneered Mr. Pnlton no nperlntendant of the H. & O. Elliott Holbrook has been appointed Superintendent of the Pittsburg division of the Baltimore and Ohio road, to succeed Mr. Patton, who resigned to accept the posi tiou of General Manager of the Pittsburg and Western road. Mr. Holbrook will commence his new duties to-morrow. Last spring he resigned a similar position on the Lake Erie, and since then he has been the engineer tor the Staten Island division of tbe Baltimore and Ohio. (Few changes, if any, will be made by the new Superintendent. He is capable and popular with the men. THE BUBVIYOBS TO MEET. A Petition lor a Pennlon for lbs Arsenal Explosion (Survivor. A general meeting of the survivors of the arsenal explosion will be held to-day at 2:30. The meeting will be addressed by Rev. McGuire and others. A petition will be presented to the friends of the survivors for signatures to be placed before tbe next Congress lor their consideration. The petition asks Congress to pension the survivors of the arsenal explosion. There are about 30 cow living. Some are in mod erate circumstances, while others are in a very poor financial condition. VERY QUICK WORK. THE LAWRENCE BANK STATEMENT FILED AHEAD OF TIME.- A Bnlnnco of $199,249 38 In the Hand, of the Anlcnee to Distribnto Among 3,000 Creditor WIioib Claim Aggregate 81,010.993 16. The Fidelity Title and Trust Company, assignee of the Lawrence Bank, filed a first and partial account yesterday, three months ahead of the time allowed by the court The first charge to itsclt is the money re ceived from the former assignee, amounting to $27,790 06. From notes, proceeds of the sale of Long & Co.'s mill and material, and from various other sources, $211,241 36 has been received. Of this amount 811,991 98 has been paid out for various expenses, the assignee receiving 89,172 57 of it on 5 per cent commission for the handling, leaving a balance on hand for distribution of 199, 249 38. A schedule of liabilities was also filed, which shows a total of 81,010,995 16. All the creditors of the bank are shown, a total of about 3,000, who will not receive more than 20 per cent. Some of the creditors have large amounts due them, notablv A. H. Ahlborn. S14.189 03; Carnegie, Ph'ipps & Co., 810,000: Michael Flannagan, $16, 611 22; George T.Jacobv, 830,200; William Mackev, 815.225; the 'Pittsburg Bridge Company, $32,369 63; Z.Wainwright & Co., 511,925; J. Z. Wainwright, 811,859, and others. The smaller creditors, however, are in great number, many of their amounts being for but a few dollars, and some of them being below the dollar mark. One is lor but 36 cents, and another for 62 cents. There was no statement filed to show that the assets would be increased. HT H0H0B OF GABD3AIDL Locnl Italians Bnve n Bnnqcet and Do liver Patriotic Speeches. The annual banquet of tbe Garibaldi Club was held at the Duquesne last even ing. It was the twentieth anniversary of the unification of Italy, and a number of local aDd loyal Italians were present. Dr. Kardi is President of the club, and acted as toast master. Among tbe invited guests were Mayor Gourley and Coroner Mc Dowell. District Attorney Johnston and Sheriff McCandless also had invitations, but were unable to attend. The American and Italian flags were used to decorate tbe room. At one end of the table was the flag of the Italian people, which Dr. Nardi had secured in one of the battles. In his address he stated that he had fought at Antietam and Gettysburg for the American Kepublic. Garibaldi used to write to him every month inquiring after his health and welfare. Patriotic speeches were made by the Mayor and Coroner Mc Dowell. The menu was all that could be wished for, and the member' had a most delightlul time. Frequent illusions were made to the patriotism ot Garibaldi. A BHOHT LINE TO BTTFFALO. How tbe B. & O. Intend to Tap Buffalo anil Surrounding Territory. It is now stated in railroad circles that the Baltimore and Ohio road has secured control of the Allegheny and Snenango, and, with the assistance of other lines, will form a route to Buffalo shorter than the Allegheny "Valley by 30 miles. The Pitts burg and Western will be used to Butler, the Allegheny and Shenango to Mercer, from thence the road will be extended to Franklin, whers it will connect with the Western New York and Pennsylvania, making the route to Buffalo 239 miles long. It is claimed that all tbe mysterious dick ering of late between the Baltimore & Ohio and Pittsburg and Western is now made clear. The B. & O. has been anxious to get into Buffalo and the oil regions. Through the Valley and the P. & W. it has a good line to the lakes. The new combination will give Pittsburg another outlet to the North, and will be of great assistance to local industries, particu larly the coal trade. TO EXPLAIN THEIB OBJECTS. American mechanics Will Hold nn Open Mag meeting. The public meeting in Lafayette Hall next Saturday evening, in the interest of the principles and objects of the Junior Order of United American Mechanics, will be conducted under the auspices of the Past Conncelors' Association, an organization of the Past Councilors of the various councils in Western Pennsylvania. A general invitation has been extended to all the mempers of patriotic organizations and the public to attend. Ho admission fee will be charged and an interesting and entertaining programme of musical and lit erary taste will be presented. Among those who will take part in the programme are: Addresses by Mayor Gourley, Superinten dent ot Mails Stephen Collins, S. T. Trent, Esq., W. T. Kerr, E. LinJsay Grier and Bev. M. D. Lichliter. Eastern Ohio and West Virginia will send delegates to the meeting. KICKED ON THE CHAEGES. Tbs Chief Mourner Refused to Par the Ex prctsnge on a Corpse. Usually when a man has lost a near rela tive, his heart is heavy and sad, and he thinks little of financial matters and kindred subjects, but is inclined rather to discuss the virtues of the deceased. In the days of the Pittsburg and Western express, before it was merged with another company, a body was shipped to some point on the road. The decks were surprised the next day to receive a sharp note from the chief mourner demanding the excess paid, which he put down as "over charges on a corpse." The incident ha been regarded by the employes as a standing joke, and has been carelully banded down Irom the musty past. They still tell about it with a chuckle on the other side of the river. WRECKED ON THE PANHANDLE; An Engineer SUct tlr Hurt by an Exploding Stnp Cock. The third section of an east-bound freipht train ran into the second section at Skelley's station, on the Panhandle road, yesterday afternoon. The second section was pulling off the main line on to a side track when the stop cock of the engine ou the third section blew off and knocked EngineerFaight back into the tank. For a moment he was blinded by the escaping steam, and before he could stop his engine it crashed into the section ahead of it. The locomotive and the caboose were badly wrecked. The tracks were blocked, and the passenger trains were held for several hours. Engineer Faight was slightly bruised by the accident. WHERE THEY HAVE GONE. Movement of the Theatrical Companies for This Week. The special theatrical express to Cincin nati on the B. & O. road was run as usual last evening. "One of the Finest" company went to Columbus aud Cincinnati, the Creole Burlesque company will go to Balti more this morning, aud the Seven Sisters at the World's Museum are scheduled lor New York. The Marie Wainwright company goes to Cleveland. 1200 Galllnger's 1106 Prnn Ave. Guns, guns, guns, guns, guns, guns, at Galllnger's, 1200 and 1106 Penn ave. wsu If your complaint is want of appetite, try Ango'stura Bitters before meals. ttssu Dickson, the tailor, is turning out nobby jiui suits at rcKiouauic psivza. CAN'T GET CITIZENS. Chief Bigelow Unable to Find Enough American Laborers. THE CITY CHARTER IS AMENDED. Delegates Will Not be Sent to Harrjs biirj: by the Trades Council. DOINGS OF A DAT IN LABOR CIRCLES The question of the employment of foreign labor by the city departments came up in the meeting of the Finance Committee yesterday afternoon. As the city charter now stands all heads of departments, clerks and employes must be citizens of the United States and residents of Pittsburg for at least six months. The question has re cently been raised that the charter was be ing violated in the employment of foreign laborers, and Controller Morrow relused to pay those who did not come within the re quirements. An amendment was offered by Mr. Keat ing providing that the employes should simply be citizens. Mr. Robertson said it was unnecessary to make any change in the ordinance as there are plentv of Americans willing to work, and they should be given it in preference to others. Mr. Keating thought American laborers scarce, and said that in going over his own payroll, after he gets past the pud dlers, the list was principally made up of foreigners. Chief Bigelow stated he had never had any trouble before in securing labor, but the time has come, not only here, but in other cities as well, where American laborers are hard to find. He has been trying for a month to get 60 laborers tor Forbes avenue, and could not secure tbem. Mr. Bigelow stated that with in the past week 500 Italian laborers came to this city. Mr. Bobertson still objected and stated that the ordinance as it stood allowed the employment of foreign labor in case no other could be secured. Controller Morrow stated that under the present ordinance he would refuse to pay any foreign laborer employed. Messrs. Keating, Bobertson and Chief Bigelow finally nut their heads together and the following amendment was prepared: That all heads of department', clerks and employes shall be citizens of the United States: provided, however, that if the several chiefs of departments shall And it impossible to obtain sufficient of the ordinary day laborers, that in such case tbey shall have the right to employ laborers with requirements and qualifications other than as prescribed in this section. The amendment was carried and the ordi dinance was affirmatively recommended. LIVELY TIMES AT BBADD0CK. Starting the Fight Betiveen the K. of I. and A. A, of I. nnd S. W. Great interest is being taken in the efforts to organize the men at the Edgar Thomson works at Braddock. Last night a meeting was held in Hibernia Hall, and early in the evening some 200 men gathered there. H. F. Dempsey and Thomas Clark, organizers of District Assembly 3, Knights of Labor, were pres ent. The result was that the men were or ganized into a local assembly. This is merely intended as a starter, as there will be another meeting held in tbe same hall next Friday night. A special from Braddock last night said:' The men who were taken Into Knights of Labor last night were chiefly blast furnace men, as tbe rules of the Amalgamated Associa tion do not permit their joining that organiza tion. The talk of rivalry between tho two as sociations here for the honor of organizing tbe men is not borne out on the face of everyday events, as there is nothing on the surface to indicate other than the usual personal and fac tional feeling incident to tho apparent clash ing of two strong organization. Nevertheless it is said that President Weihe, of the Amalgamated Association, was also in Braddock last night for the pur poseof watching the proceedings at Hibernia Hall and to organize a lodge to be composed of the employes of the converting and blooming mills, the finishers in the rail mill and the heaters, rollers and straighteners. A NEW UNION STAMP To be Fnt on the Bottom of AH the Union Made Flint Glnssvrare. All goods manufactured in union glass houses hereafter will be stamped. About a dozen stamps to be used for that purpose ar rived at the office of the American Flint Glass Workers' Union yesterday. They are of steel made in the form of a stencil. The stamp is in the shape of a shield with the letters "A. F. G. W. U." inclosed. Tbe stamp is not more than three-quarters of an inch in size and will be placed on tbe bot tom of all patterns, made by union work men. The stamp will make a very slight indenture in the molds and will be hard to detect on the goods. G. M. Murphy, a mold maker, who de signed the stamp, said yesterday afternoon the association had heretofore been given considerable trouble with people selling non-union goods as uqion made. The stamp to be used has been patented and will be used under a rule of the association, and of course, any using it will do so by means of a counterfeit and will be guilty of a misde meanor. OBJECTED TO THE SCHEDULE. Street Car Drivers l'i ct.'ttcd Agninst Work lug Over Time. A strike was threatened on the West End line yesterday morning. The management put up a new schedule to be in force during the Exposition season, and providing for two extra cars at night, which would have required the men running them to work two hours and ten minutes extra time. The men objected to the schedule and so notified Superintendent Burns. Mr. Burns notified the men that they would be paid extra for all the extra time put in, but the men still protested against the schedule going into effect, and the old schedule was replaced. SELF-HEATINa FURNACE. A New Appnrntus Ilolng Introduced Into the Homestead Milis. A new self-heating apparatus is being experimented upon in the Homestead mills. It is an extension to the furnace in which ingots are placed after being taken from the molds. The initial heat is retained, and the ingots heat themselves. The same kind of a furnace is in success ful operation in many of the European mills, and it is thought it will be a success here. Reviving Their Locnl. Local Assembly No. 7247, K. of L., com posed ofbaters, held a largely attended meeting last uight. It was the first meeting the local has held forseveral months.but the members intend to revive the organization and hold regular meetings during the winter. The next meeting will be held October 4. Fighting the Knight. At the meeting of the Building Trades Council last night, a resolution was adopted declaring that members of organizations be longing to this council could not work with members of Painters' Assembly 1397, K. of L., after Monday, September 22. Hpreidlng Their Union. The marble cutters' next national conven tion willbe a decided success. New unions are beingVormed all over the country, and they will 'be represented in the convention. J National Organizer A. B. Smyth is receiv ing congratulations from all sides for his efficient work in organizing. THE FARCE CONTINUED, H. L. M'GAW SCORES THE TRADES COUN. CIL COMMITTEE. A State Conncll to be Formed In UnrrUburg Will bo Affiliated With the Federation of Labor Althoagn tbe K. of L. Origi nated the Scheme. If H. L. McGatv attended the meeting of the Central Trades' Council last night in the hope that something definite would be done with his case. Tbe committee simply re ported progress and Mr. McGaw was ac corded the floor. He wanted to know why the matter could not be settled aud how long the farce is to be continued. The committee was not all present, and be is getting tired of the delay in the case. He said he did uot be lieve the committee ever intended to make a report. F. Carroll was admitted as a delegate from L. A. 10,604, Theatrical Assembly. W. S. James resigned from the Executive Board, assigning as bis reason that he was unable no attend the board meetings. William F. Davenport was elected to fill the vacancy. A communication was received from the German Typographical Union No. 9, in closing 84 60 for the relief of the Dunbar sufferers. A communication was also received from tbe Central Labor Union of Erie, with ref erence to sending delegates to a convention to form a State trades council to be affiliated with the American Federation of Labor. The convention is to be held at Harrisburg, October 20. It was decided, however, that owing to the conditions under which the Central Tirades Council here is formed, being com posed of delegates irom a mixture of unions and assemblies, some being under the Federation of Labor, some of the K. of L., and others connected with neither or ganization, it would be inadvisable to send delegates to tbe convention. This announcement of the Erie Central Labor Union, it is asserted, is but stealing the thunder ot the Pittsburg Central Trades Council. Sometime agocirculars were sent opt by the Pittsburg Trades Coun cil to the Trades Councils of the various cities in tbe State relative to the formation of a State trades, council. The State council was to be composed of delegates from the local councils, irrespective of the general organizations. The Philadelphia council, though, did not respond, and Beading was not quite ready. Alter a lapse of a few months, however, the Erie union started a similar movement, but with the intention of making it a Federation of Labor organization. WILL ENTEETAIN THE VISIT0BS. Drlegntes to the British Institute Will See All tho Sights. A programme has been arranged for the entertainment of the delegates to the Brit ish Iron and Steel Institute on Thursday, October 9. It includes excursions by both rail and water, to the mills and glass houses, to Davis Island Dam or up the Monongabela. Before the visitors leave New York they will be shown a programme Irom which they can choose whatever ex cursion they desire to take and then the local committee will be advised before the arrival ot the guests where each delegate desires to go. The Monongabela House will be made the headqu trterf of the local committee, where it will have representatives all day to look after the visitors. Mnrbl- Cotter' OOlcers. The new local Union No. 1 of the West ern Pennsylvania branch of the Marble Cut ters' National Union held a meeting last evening aud elected the following ofBcers: President, Samuel Swan; Vice President. J. M.Huddeli; Becordiug Secretary.Arthur G. Smyth; Treasurer, Paul Freuzell; Guar dian, Charles Myler. Industrial Note". The National Tube Works Company, at Mo Keesport, has arranged two puddle depart ments for the use of coal. The machinists of Bobinson, Kea & Co., who went out on a strike over a shop grievance a couple of weeks ago, returned to work yes terday. District Master Workman Evans, who has been paying his quarterly visit to the as semblies at Butler, Pa., is expected home to morrow. President Smith, of the A. F. G. W. IT., returned yesterday from a tour among tbe Eastern factories. He reports association matters to be in good shape. The last of the employes of the Westing house shops, in Allegheny, left for Wilmerdmg yesterday, and the Pennsylvania Fuel Gas Company will occupy the old building imme diately. The employes of the TJniontown Construc tion Company, who struck last week for nine hours, will go back to work to-morrow, the Arm having agreed to grant the demands after April L VISITORS TO PITT-BURG EXPOSITION Cnn Ulnkc $50 Clenr. Last year it cost us upward of $2,000 to exhibit at the opening Exposition. We have been kept so terribly bnsy this sum mer, however, in selling our pianos and organs, and banjos and mandolins, and guitars and brass horns and sheet music, that we actually found no time to get up an exhibit for this year's show. However, we propose to give our customers the benefit of this great saving, so that anyone who will buy a piano or organ, or any other instru ment, during the continuance of the fair, will get the benefit ot an extra reduction in price ot goods ol 5 aud 10 per cent. Visitors to the show can therefo-e make some S30 by calling on H. Kleber & Bro.'s Music Store, 506 Wood street, and buying one of their instruments. They are tbe sole agents for the fatuons Steinway, Conover, Gabler, Opera and Emerson pianos; also for the wonderful Vocalion church organs, and tbe mouse and dust-proof Earhuff parlor organs. Anything in the mnsic line which you can not get at Kleber's is not worth having. Don't fail to call at Kleber's, then, 506 Wood street, three doors above Fitth ave nue, Pittsburg, Pa. A Boom Never before at this season has there been such a heavy trade in the drygoods business as at present. All stores are busy. In Allegheny, at Thornton Bros., it has been almost impossible to get near the counters. This firm. ' es a cash business, and as Expo sition visrs are cash buyers, they crowd o the ay re store. Pittsburg & Lnko Erie R. li. September 26, Niagara Falls and return 54 75. September 26, Toronto and return, ?5 75. Stiecial train with sleeping cars leave at 6:15 P. m. Mr. F. G. Blackford will go through with the party. wfsu Inf.mts' Furnishings. Infants' long and short cloaks, white and colors. Largest and best line we have ever shown. Many special values. A. G. Campbell & Sons. 27 Fifth ave. Silk Department. We are showing black and colored silks at values that are creating the largest sales ever known. ttssu Htjgus & Hacks. We pride ourselves on making perfect fitting clothes. Our stock of woolens is not excelled in size, quality or variety by any one. E. Schaueb, 407 Wood st. DICKSON, the tailor, is turning out nobby fall suits at reasonable prices. Fall Saltings. Leave your order now for suit or overcoat at Pitcairn's, 434 Wood street. ELEVENTH WARD MUD Citizens Protest Against the Condi tion of California Avenue. COUNCILS ARE ROUGHLY TREATED. They Want Police and Fire Protection When They Pay Taxes. ED PAIST SCATTERED LIBERALLY The citizens of the Eleventh ward, Alle gheny, are stuck in the mud, and last night 85 of the voters held an indignation meet ing in the Eleventh ward school house. The audience represented two-thirds of tbe voters of the ward. The principal cause of com plaint was the condition of California ave nue at Superior street, where a fill of 12 feet is being made. The mud there is so bad that (he streets are impassable, and the citi zens in that locality have to make a detour of about a quarter of a mile in order to reach their homes. Of course they were mad. John D. Bailey was called to the chair, and in taking it he made a few remarks in which he ruffled up the feathers of the city government for not having the work finished. Then Gilbert Follansbee took the cue and the Councilmanic robes of the citv fathers were torn in twain. He said the city charged them the highest rate of taxation and yet left them in a condition where they were practically out of the world. It was impossible to reach their homes. Patrol wagons could not get into that locality and in case of fire the department would be useless with the present condition of the streets. Besides this, sewers and drains are torn up and left open, causing much sick ness, which threatens to result in an epi demic. BOASTING THE CONTRACTORS. When Mr. Follansbee retired the fight was taken up by Thomas Keenan, Sr., and when he finished only the shreds of tbe Councilmanic robes were left. He denounced the methods pursued by the city in the grading of Calilornia avenue as "dilatory and improper. He said the contractor had not even made an at tempt to maintain a roadway. Mr. Keenan was followed by a number ot others and each address was roundly cheered. Then a set of resolutions were drawn up to be presented to Councils. D. B. Oliver objected, and said Councils ought to be notified before such action was taken. Rob ert McAfee and Dr. Joseph Langfitt took a similar stand, while John B. Henricks favored tbe resolution. When the votes were counted Messrs. Oliver, McAiee and Langfitt were alone in their glory. The resolutions state that while the citi zens recognize tbe improvements in the grading ol California and Superior avenues, they are suffering at present from serious inconveniences irom which they demand immediate relie. The contractors have made no effort to maintain a roadway, and the recent rains have made the streets im passable, thereby making, impossible tbe delivery of household goods and endanger ing property in case of fire. LADIES UNABLE TO MAKE CALLS. No effort has been made even to maintain a footway, and the lady residents are unable to reach trains or electric cars. Former sewer connections have been disturbed, and present condition of these streets prevents new connections being made, so that many drains are uncovered and empty into the open streets, thus already resulting in sick ness, which threatens to develop into an epi demic. The contract calls for tbe completion of the work by October 1, but as this has been rendered impossible by the delay, tbe citizens ask "That these streets be covered with broken stone so as to allow a free pass age way lor not only individuals and or dinary vehicles, but also for the fire depart ment and police patrol, for which protection we are paying the highest rate of municipal taxation." The resolutions close as follows: Resolved, That the copies of these tesolu tions be bent to both branches of Councils, to the Road Committee, to the City Engineer, to the Board of Health and the Association of Fire Underwriters of Allegheny county. Furniture upholstered and repaired. Haugh & Keenan, 33-34 Water st. FoRstrictlv first-class fitting trousers go to E. Schauer's, 407 Wood st. Dickson, the tailor, is turning out nobby fall suits at reasonable prices. MARBHELL, i THE CASH GROCER, WILL SAYE YOU MOHEY. JELLIES AND PRESERVES. Here we have a subject dear to the hearts of all good housekeepers. This year Itis dear not onlv to the hearts but to their pockctbooks. With peaches and pears at 5c each, and other fruits in proportion, home-made jellies are out of the question. Freights on perishable fruits are very high, almost prohibitory. But frieghts on fruits concentrated into jellies and pre serves are more reasonable. So we are able to help you out of your dilemma. Give you your jellies at about the usual oust of jour home made ones, and save you all bother In making them. FINE NEW JELLIES, Four (4) pounds, 25c. A ten (10) pound pail ot jelly, 70c. A 30-pound pail, ?1 80. No charge for pails. ELEGANT NEW PRESERVES, Eleven (11) cents per pound. A ten (10) pound pail of preserves, fl 05. A 30-pound pail, 53 15. No charge for pails. HOME-MADE APPLE BUTTER. 'Twill make you think of the days when you swung on the low, spreading branches of the orchard in boyhood's time, or the Idle moments when you lay on your back and gazed through the thick leaves at tbe fleecy clouds, chasing each other bv. Or more tender yet that big Conner kpttln and the davs when vou almost broke your back stirring apple butter under the old shed in the yard. HOW THE WORDS THRILL YOU. HOME-MADE APPLE BUTTER. Three (3) pounds, 25c. A ten-pound pail, 80c A 30-pound pail, $2 40. You are wondering what you will eat this winterT Try these goods and you will cease to worry. Send for weekly price list and order by mail. Orders amounting to $10, without count ing sugar, packed and shipped free of charge to all points within 200 miles. On fifth page of our price list see our special discount to out-of-town trade. MARSHELL, 79, 8 1, 83, 85 and 95 Ohio street, Cor. Sandusky street, ALLEGHENY. se21 EUROPE TICKETS TO AND FROM Europe by leading lines; good berths se cured: drafts, letters of credit, money orders, foreign coin, passport, etc.; we sell at Hew York rates. MAX SCHAMBERG & CO., 627 Smithfield St., Pittsburg, Pa. Established 1868. u24-wstt NEW ADVERTISEMENTS. Hugus & Hacke Offer this week 8PECfAL VALUES IN HOUSEKEEPING GOODS. The greatest variety at popular prices ever shown in one department. As representative we mention BARGAINS IN TOWELS. 300 doz. Pure Linen Hncfc Towel at 6c each. Usual price 81 25 a doz. 300 doz. Pure Linen Hock Towels at lOo each. Usual price tl SO a doz. 500 doz. Pure Linen Hnck Towels at 2ia each. Usual price ?2 a doz. Equallvas great bargains throughout the finer grades and In our immense assortments of Bleached and Unbleached TaDle Damasks, it and Nankins, P'Oylies. Trav Cloth-. Scarls. Hemstitched Linen Sheets, Pillow Cases and Sheeting, Linens. Embroidery, Crashes, eta. etc Also a complete line of the celebrated makes of Brown & Liddle's Table Cloths and Napkins to match, at the very lowest prices. BLANKETS. White Blankets, Gray Blankets. Blue Blankets, Pink Blankets. Red Blankets. Plaid Blankets all sizes and all grades, at prices that cannot be approached. COMFORTABLES. Over 1.000 from which to select, from 1 59 each upward. AN EXTRA BARGAIN IN Eiderdown, Sateen-Covered Comfortables AT $5 EACH. These we control absolutely for this market, and are positively the greatest values ever offered. Cor. Fifth Ave. & Market St SC2I-3IWTSU THE LARGEST, THE CHEAPEST, THE BEST PLACE TO BUY CARPETS AHD CURTAINS IS AT GROETZINGER'S. - ,-,(-,-. Yards moquette carpets; all tho U.tJtJtJ very latest patterns, (many of them confined exclusively to our house) at SI 25 to 51 50 per yard. Borders to match. rn ,-,--. Yards Wilton velvet carpets, with 1(J,UUU borders to match, from SI 00 per yard up. ?r ivwi Yards body brussels carpet, of tho jU,KHJ celebrated Lowell. Bigelow and Hartford makes, from SI 00 per yard up. . rsn Yards tapestrv brussels carpets. 4U,UUU Smith's and Roxbury makes, 50 cents per yard up. ffi-. Yards ingrain carpets, all grades 5-,(JUU manufactured, from 25 cents per yard up. t n nrw-i Fairs lace curtains, imported direct 1U,UUU by ns, 75 cents per pair up. r nnn Pairs chenille and turcoman curtains ),t-XXJ from S4 a pair up. THOUSANDS OF RUGS. ALL SIZES AND GRADES. LINOLEUMS. CORTICINE. OIL CLOTHS Parties contemplating furnishing theirhouses this fail, are notified that we have every grade of floor and window furnishings of tbe latest paterns made. EDWARD GROETZINGER, 627 and 629 Penn Avenue. Largest exclusive carpet house West of New York All goods jobbed at the lowest Eastern prices. se7-Trssu BIBER I EASTDN. CAN YOU USE THEM? A lot of Ladies' Print Wrappers, nicely made, reduced from $2 to . A lot or French Flannel Shirt "Waists marked down to close out from 52 to $L A Few of Many Fresi Bargains : Chevron Jacket at J8. A very nobhy gar. ment. Astrakhan collar, cuffs, etc., with handsome front loops. Flush Jacket, . A perfect fitting gaiw ment of excellent material and finish. This wonld be good value at $10, but we offer it as a leader at $8. Scotch Cheviot Jacket at $8. A very dressy garment with vest front, two row smoked pearl buttons, shawl collar, etc. Medium-weight, extra grade Cloth Jacket, in tans, brown and stone color, vest front, shawl collar, bound on edge and. cuffs, with elaborate braided fronts. This very stylish jaccet we offer at $10, Jaunty Shoulder Capes in Seal Plush at 57. Ladies' Blazers in navy and black at 53. These have cord and tassel and makes wonderfully stylish garment for a low price. Ladies' Blazers edged with gold'and sil ver cord, handsome cord and tassel. "Wa pronounce these extra value for $5. HoMeiws. Tale Notice! Our Linen Department offers not only immense variety in fresh goods, but we call' your attention to some excellent bargains is Towels at 1 50, 52 SO and 3 per dozen. In finer Towels we offer no end of pretty things in dainty borders, hemstitched, etc Em broidery Crashes, in all widths, at lowest prices. Conntry Blanieis, In superior qualities, both whi te and scar let, at 54, $4 50 and 55. BIBER I EASTDN, 505 and 507 MARKET STREET. se20-TTSSU MKEESPORT CITY BONDS. A new issue of JS5.000, running thirty years; Interest, 4 per cent; denomination, 51,000. For an absolutely safe and permanent in vestment these bonds are peculiarly desira ble. For sale In such amounts as desired. "WM. M. BELL, Bank of McEccsport Building. se21-CS McKeeaport. Pa. $100 Per foot, worth S150. Lot 36x125, adjoining Schenley Park entrance, 1 min. from Duquesne Electric road. This Is a decided bargain. M. F. HIPPLE & CO., 90 Fourth T. Mll89-xzsa 1 1 f'rte8SlBBSfii6feffi f' -a
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