pyagaiasag
WHAT WE MAT
DRINK
Pennsylvania Beverages that Should
be the Purest of all, Now Gct-
lins Decidedly Mixed.
COSFDSIXG JUDICIAL DECISION.
Mining, Manufacturing and Boring for
Oil and Gas May Leave Only
.Mineral Water to Drink.
A CO.N'DITIOS THAT IS CONFEOXTIXG.
A EichiJ IspcrUnt Ecggtstics in a Ruling oa Ripiriu
Eights.
Judge Eiriug, not long 350, suggested, in
a. ruling on the question of riparian rights,
or rather on the nshts of people whose wells
r.nd springs are suited by the operations of
people borinc for pas or oil. a tram 01
ihonght that is exciting much interest, not
only anions; people directly in brine, but
also amon; the lejal Iraternity. It sug
KeMS a possible modification of the doctrine
laid own bv thn Supreme Court in the case
of Sai.dersrm una -;re against the Penn
sylvania Coal Company of Lackawanna
couim.
It villi te recollected by some that the
Court .ud it would not undertake to say
that Juc rulinc would apply to a whole coin
aiuuity as it did to an individual. The old
interpretation of the law in general was that
mo one would be allowed to foul water
above the land ol another ihiough
which the water would flow, but
as circumstances alter cases, in law
as well st- in morals, and as Pennsylvania is
nearly all mining country, it would seem
that the application o. the luw as laid down
ia the ab-re oite.i case, will in time render
nearly ail the water in this State unfit for
culinary, drinking, and, in fact, lor "nearly
sJl ss&s, only the longer rivers escaping
complete contamination, and possibly drive
U to the use of water from artesian wells,
even for beer makin?.
A SilTVATIOX HABD TO CONTEMPLATE
It l a situation hard to contemplate, and
in time everybody may be forced to use wine
Jor a beverage, as some people in Paris say
1hey a-e forced to do, or resort entirely to
cisterns and deocud for supply on the
clouds.
Kvery farmer who has faith that there is
petroleum or gas under his land is willing
to take the risk or havinc his and his neisn
bar's supply of water contaminated by salt
water or other mineral properties.
People about Glenfield are kicking
against the infusion oi salt water, and the
neoplc of the Beaver Valley are also up in
arms against a boring corporation. A man
named Jordan some years ago forced the
imperial Coai Mining Company to buv his
farm because its coke works fouled Montour
ran, which flowed through his property, but
had he awaited the action of the Supreme
Court in the Lackawanna county case lie
irould have been left. A family named
Jtobb, living on the same run, have had a
spring talted this summer 011 account of the
liorincof an oil well, and have since been
forced to go a quarter of a mile up a hill for
water for drinking and cooking purposes.
3Ir. Uobb says the water in the salted
spring is just sufficiently salted for the sea
tonlug of potatoes, but it isn't good ior coffee
nr lemonade.
-James Scarborough, Jivizijr in the same
neighborhood, complains thathe has lost the
astarage of two fields lrom the same cause,
but both arp powerless, under the decision
mentioned, to secure a remedy.
ME.UIOW BKOOK'S CONTAMINATION.
Twenty yean, ago or more Jlrs. Eliz 1 51c
L'riar Sanderson bought a fine and an ex
tensive property above the city ot Scranton,
through which ran a stream named Meadow
.Brook. Sue built an elegant residence, and
by means ot bjdraulie rams supplied it
with water for all sorts or domestic pur
poses and ornament, as also the houses of
her tenants, bhe had fine fish ponds con
itrucied, fountains to play, etc, but when
lbs Ptnnsy.vauiaOoa! Company, some years
later, opened a shaft on its property, the
water became so contaminated with uduerjl
acids that the steam boilers, hydraulic rams
aud ati pi-j-s necessary not only became
orrtdeo juh ULfit tor ue, but the water be
came unit for any ot the usi-s intended, and
the fist. uicJ. Hie case came before the Su
preuit Court lour times on writs of error and
recuved :ts final quietus February 2, 1880,
and J. G. Sanderson and his wife, Eliza 31c
Uriar Sjuderon. in right of the latter, were
no: only uespotlcd thereby of all the
valuable i::i!!ovemcnts they Had made,
Initios: a irdict j;'ven them for several
tsousand lt-ila-s in the lower court. As
stated by Justice Clark, it appears to have
been the only case ever tried in this State,
up to that date, in which the precise ques
tion at issue was decideo.
Of OlttAT INTEEEbT TO LAWYERS.
That this case is of profound interest to
lawyers is evidenced by tht underscoring of
the salient portions of the opinion, and Li
brarian Diby has Deen asked ior the
Yohiiac so oltcn that his hand moves to it
automatically. The main points are as fol
lows: Before the fcupreme Court the company's
couutcl held that the true theory of negli
gence, as develojied in the law o torts, both
in Eusland and in this country, is: Bam
cges resulting to another lroni the natural
ami law ml use oi his land by the
owner thereof are, in the absence of malice,
Jamnuui absque injuria; and the corollary
of this mle is: AVhen tLc mjxnu sic utere
luo u; dlicnum 11011 loedus is
applied to landed property the plaintiff
uast ihow not only that he has sustained
damage, but that the defendant has caused
it by going bevond what is necessary in
order to enable him to have the natural use
of his own laud. Ii a defendant confines
liimseli to the necessary means of lawtul
ecjoymeut ot his land, the damage arises
not lrom his act, but ex necessitate, and the
iaintin'fc loss is as much the result of vis
Htajvi, me act 01 God, as though caused by
ligntulug or fluou.
Ihc compauv's attorneys claimed that:
"It, in our case, we cjnnot use our land lor
the natural purpose of mining coal, because
our neighbor cannot keep tuine fish in his
pond, the bame rule should apply to him.
ile should not be allowed to maintain a fish
pond so uear our mine that we cannot
w-e it." "
They cited numerous cases to show that
Eahsh law on the case had not been re
ai Jed as law in the United States. It was
also held that the right 01 mine owners to
drain into rivers has always been recognized,
or at least, has al rf-ays been acquiesced in
5a this State. In support, Judje Woodward
was quoted in IvauOmaa versus Griesemer,
and .lud.'e Stone, in Hughes versus Ander
ton, 08, Ala., 280: "Tne rough outline of
natural right or natural liberty must sub
mit to the chisel of tne mason, 'that it enter
symmetrically into the social structure."
Uuckestein's appeal was quoted to show
that smoke was 1 ot a nuisance in Pittsburg.
( Agnew J., in 10. P. Y. S., 102.)
THE LO'U nU COUKT REVERSED.
The Supreme Court reversed the lower
court. Justice Clark delivered the opinion,
but there were three dissenters Justices
Mcrcur, C. J., Gordon and Trnnkey. Justice
Clark reviewed the case at con
siderable length. At the first
trial, 5n 1878, the Common
Picas of Luzerne county entered a non-suit,
v.
on the crou'ud that the discharge of mine
water was a necessary incident to mining,
etc A writ of error was taken, and the
Supreme Court awarded a precedendo, and
on the next trial, in Lackawanna county,
a verdict was given for plaintiffs. Defend
ants took out a writ of error, but the Su
preme Court, adhering to the opinion con
tained in 5 Xorris, 401, judgment was
affirmed. Plaintiffs then sued out a second
writ to the same judgment, assigning error
in the ruling of the Court as to the measure
a, 4n.iA Ttlllifmanf w- MVftH.II ftTlfl A
venire facias de novo awarded. Plaintiffs
, got another judgment, which brought the
case to the Supreme i.ouri ior iisunai
quietus. Justice Clark observes, among
other things, that
Defendants had done nothing to chance the
character ot the water except what resulted
from the natural nse and enjoyment ot their
own property. A man Is entitled to the or
dinary and natural use of his property, may
cut down forest trees, etc although
in so doing ho may dry np the sources of his
neighbor's springs, or remove, natural barriers
against storms. If. in the excavation ot his
land, he uncovers a spring of water, salt or
fresh, acidnlated or sweet, he is certainly not
obliprcd to coverit ajiaiu, or to conduct it oat of
its course, lest the stream in its natural flow
may reach his neighbor's land. Defendants
being tbe owners of the land, had a right to
mine the coal whilo lawfully In use and im
provement of their property. An unavoidable
loss occurred to their neighbors without negli
gence, or malice on their part, it is damnum
absque injuria, for the rightful use of one's
own land may cause, damage to another with
out any legal wrong. We do
not say that a case may not arise in which a
stream lrom snch pollution may not become a
nuisance and that the public interests, as in
olved in the general health and well-being of
the community, may not requ iro the abatement
of, that nuisance.
ONLY A TEKSOSAL GRIEVANCE.
Justice Clark goes on to state that the
citizens nf Scranton did not make any com
plaiut, though they, too, used the water of
Meadow brook, the stream fouled, and adds:
The plaintiff's grievance is for a mere person
al inconvenience and weareof opinioD that a
mere private personal inconvenience, arismgin
this way and under such ciroanistances, must
jield to the necessities of a quiet nubile indus
try, which, althongh in the hands of a private
corporation, subserves a great public interest.
To encourage the development of the great
natural resources of a countrj, trifling incon
veniences to particular persons must give way
to tbe necessities of a great community.
The case of Fletcher vs Bylands is quoted
at length and pronounced inapplicable.
That case might have been urged in the
matter of the breaking of the dam above
Johnstown, had it not been overruled in En
gland and the English doctrine on t'je sub
ject left somewhat in doubt. The Court says,
in the case of the Pennsylvania Coal Com
pany vs Sanderson:
As a general rule, those who engage in an un
dertaking, attended with risks to their neigh
bors, are answerable lor the conduct of that
undertaking, with diligence proportioned to
tbe apparent risk, and this would seem
be tbe better rule. There is a well-known line
of cases in Philadelphia and elsewhere which
decide that a stream of water may not be
fouled by the introduction into it Qf any foreign
substance, to the damage and injury of the
lower riparian owners, but in this case defend
ants introduced nothing into the water to cor
rupt it; tbe water flowed into Meadow brook
just as it was found in the mine; its impurities
were from natural and not from artificial
causes.
It may be said that if the mines had not
been opened, the water which flowed into the
stream would have been pure, bnt as Chief
Justice Lewis said in Wheatly vs. Baugh,
1 Casey, 12, "tbe law has never gone so far as
to recognize in one man tbe right to convert
another's farm to his own use for the purpose
ot a niter." No case in Pennsylvania has been
brought to onr notice in which the precise
question appears to have b'ecn decided.
JUSTICE PAXSON COULDN'T AGREE.
Justice Paxson. now Chief Justice, de
livered a dissenting opinion on the first of
four writs of error in tbe case, in which he
took substantially the same ground as that
of Justice Clark, but he only occupied four
pages in the State reports, while Justice
Clark filled 14 pages. On the first trial, in
1878, in Luzerne county. Judge Stanton
granted a compulsory non-suit, on the
ground that there appearing to be no negli
gence or malice, and the discharge of the
mine water being necessary in mining, was
damnnm absque injuria. Justice Woodward
delivered the opinion of the Court, in which
the judgment was reversed, and in conclu
sion said:
Relaxation of legal liabilities and remission
of IepJ duties to meet rh current needd of
great business organizations, in one direction,
would logically be followed by the same relaxa
tion and remission ou the same grounds in all
other directions. One invasion of individual
right would follow anomer, and it might be
only a question of time when, under the opera
tions ot even a single colliery, a whole country
side would be depopulated.
Justice Woodward was a Democrat of the
old school and tenacious of individual
rights. His opinion can be found in 5
Morris, 401. Justice Paxson dissented.
In 13 Norris, 302, will be found the opin
ion ot the Court delivered by Justice Gor
don affirming a verdict for plaintiffs. Jus
tice Gordon agreed with Justice Woodward,
then deceased, and said in substance:
If. the pollution ot tbo brook resulted from
the necessity of coal mining and the right of
the plaintiffs must jield to it as an industry im
portant to the Commonwealth as argued, tbe
argument was fallacious, as the private inter
ests of the defendants and not tbe public wel
fare, were involved. No industry, howererlin
portant, can claim the right to take and use
the property of the citizen without compensa
tion. It is urged that mining cannot
be carried on without this flow of acidulous
water, hence, of necessity, the neighboring
streams must be polluted. This is true, and it
is also true that coal mining w ould come to
nothing without roads, but it does not follow
that for roads tbe land of an adjacent owner
may be taken or bis right of way encumbered
without compensation. In conclusion Justice
Gordon said:
RIGHTS OF MUNICIPALITIES.
If, indeed, tbe custom setup were to prevail,
then, at least so far as coaWmning companies
are concerned, there would be an abrogation of
the eighth section, article 14, of the Constitu
tion, which provides that ''municipal and other
corporations invested with the power of taking
private property for public use shall make just
compensation for property taken, injured, or
destroyed by the construction and enlargement
of their works, highways, or improvements."
Not only would we thus have a custom superior
to tbe supreme law of the land, but one reach
ing even beyond tbo possible sovereignty of the
fetats, 111 that it Mould empower private per
sons lor piivate purposes to injuru or destroy
private property, and that witbout compensa
tion. A custom such as this is radically bad
and cannot be sustained.
In this rase Justices Paxson and Sterrett
were dissenters.
Now as to the boring of oil and gas wells:
Nannie B. Collins and Mary L. Osborn
owned lots in the borough of Glenfield, this
county. On these lots were two wells.
Near them the Chartiers Valley Gas Com
pany had a well bored, and in it the salt
water arose and salted the wells of Mes
dames Collins and Osborn. Suit for dam
ages therefor was brought in Commou Pleas
No. 2, and tried before Judge Ewing, at the
April term of 3888. The argument by
olaiutifis' attorneys was that the rule in the
Pennsylvania CoAl Company versus San
derson does notexempt a landowner from all
obligation to pay regard to the effect of his
operations on subterranean waters; that it a
person boring for oil or gas have knowledge
that neighboring water wells are supplied
from a stratum of clear water underlying
his land, and that there is, a deeper stratum
of salt water likely to rise and mingle with
the fresh, and this can be prevented by a
reasonable outlay, tailure to make the out
lay is uegilence."
OPIONION OF JUDGE ETVING.
Judge Ewing, in his charge, leaned toward
the opinion that in equity the defendant
should be held responsible, bnt as he under
stood the decisions, while it might be a hard
ship yet as a general ruie it was held that
where a party drilled, mined, etc., on his
own property, he was not bound to pay any
attention to what the effect might be on
hidden streams beneath, and instructed the
jury to find for the defendant. The jury
accordingly found for defendant, and the
Judge granted a rule for a newtrial, and
filed an opinion in which he said he did not
consider the case of tbe Pennsylvania Coal
Company vs Sanderson, cued by de
fendant's counsel, as governing the case.
Discussing the question at length the Judge
said:
While in our opinion tbe equities are with
the plaintifls, the adjudicated law is de
cidedly against them.
He, however, farther held that as tbe coal
field was of nearly uniform geological for
mation, and that experience had shown that
salt water could easily be kept separate from
THE'
fresh, the plaintiffs were entitled to have
lull consideration of this point, it being un
derstood that the commingling might be pre
vented by an outlay of from $50 to $250.
New trials being reiused, the plaintifls
appealed.
A NEW TRIAI, GRANTED.
The Supreme Court reversed the judg
ment and granted a new trial, Justice
Mitchell delivering an opinion. He held
that the rule in the Pennsylvania Company
versus Sanderson did "not go beyond
proper use and unavoidable damage.
He agreed with Judge Ewing that
geology is a progressive and in
many respects a practical science, and that
probably more deep wells have been drilled
in Western Pennsylvania than had pre
viously been dug in the entire earth in .all
previous time, and much previously held to
be necessarily unknown and merely specu
lative reduced almost to a certainty regard
ing subterranean affairs. It would be a
violation of the living spirit of the law not
to recognize the change and adapt immu
table principles to altered conditions of fact,
etc
Theae are about ten of these Glenfield
suits, Young & Trent for plaintiffsand Ken
nedy & Doty for defendants, and on the de
cision probably depends the question as to
whether people outside of those cities where
there are water works shall drink
WATER OF HOME PRODUCTION
or depend on import In case of tbe latter
it is safe to assume that they will not favor
a protective tariff. If oil or gas well
drillers arc not held responsible for saline
results, only for negligence or malice, and
it the neglect to case off S3lt water is not
held to be negligence, then a large part of
Western Pennsylvania will be forced to
build pipe lines. A new industry or
several of them, such as raising eels, oysters,
lobsters and boiling salt may be the com
pensation, but adaptation to the new order
of things will be severe work, and may for
a time interrupt the present tide of pros
perity. -The Glenfield cases have already
been tried three times, and it is hoped that
the present sitting of the Supreme Court
will end the suspense.
CETJEXTY TO HIS STOCK.
I Agent Berryman Makes an Information
Against a Sterrett Township Farmer.
Agent Berryman, ol the Humane Society,
yesterday visited Wilkinsburg to investi
gate a number of complaints made to the so
ciety in regard to the cruel treatment of
some horses and cows owned by a German
named Charles Kroll, who resides in Ster
rett township.
After the investigation was made Agent
Berryman alleges that Kroll is charged with
having starved two cows and one horse to
death.and at another time to have beaten a
horse to death because he could not pull an
overloaded wagon out of a mudhole. It is
alleged that Kroll took a large, heavy chain
and wrapped it around the horse's body sev
eral times, and then got a heavy piece of
wood and struck the chain several blows, al
most killing the horse. An information
was made against Kroll by Agent Berry
man belore Justice of the Peace Creelman,
of Wilkinsburg.
Do You Eat.
Notwithstanding the cry of scarcity, by
the high priced grocer generally, our
stock is complete in every detail.
The quality and prices which have pleased
and satisfied "thousands of our patrons, will
also delight you if you get in the push and
follow the crowd to
"Weldons."
8 lb . white clover honey $1 00
3 lbs. new evaporated raspberries for... 1 00
10 cans(best salmon iu the world) for.
5 cans California apricots for.
15 lbs new Caliiornia dried grapes for..
7 lbs. dessicated cocoanut
4 lbs. Weyman's smoking tobacco
4 lbs. best chewing tobacco
48 lbs new dried peas
7 tt fresh roasted coffee (ground)
16 lbs standard A sugar
15 lbs granulated sugar
5 lbs tea (in all varieties).....
50 bars family soap
1 00
1 00
1 00
1 00
1 00
1 00
1 00
1 00
1 00
1 00
1 00
1 00
14 lbs cut loat sugar 100
Large family-scales...: ...... 1 95
lease, 2doz. cans tomatoes.. 1 90
1 case, 2 doz. cans peas 1 65
1 case, 2 doz. cans lima beans 1 90
1 case, 2 doz. cans string beans 1 70
1 case, 2 doz. cans solid packed corn... 1 95
1 doz. cans choice table peaches 2 50
1 doz. cans large yellow peaches. 2 75
1 doz. cans Prench peas 1 50
1 doz. cans Caliiornia black cherries... 2 95
1 doz. cans California apricots 2 40
Grandest flour in the city, per sack.... 1 45
Try it and be convinced. In barrel.. 6 05
10 lb. kit mackerel 1 00
Delivered to all parts of two cities. To
parties living out of the city will prepay
freight on all orders of $10 and upward.
Send for price list.
Jas J. Weldon,
No. 201 Market street, corner Second ave
nue, Pittsburg. Telephone 1864.
MONDAY'S OVEKCOAT BULLETIN,
Taken Direct From Headquarters In Pitts
burg (The P. C. C. C.)
Good Oxford mixed meltons $ 7 00
Fine chinchillas, some cloth-lined,
others farmer satin-lined 10 00
All shades of imported kerseys 12 00
Eight lots smooth cassimeres, silk
faced 10 00
One lot of twilled cheviot, in three
shades, vel vet collar, at 7 00
Call Monday and take your choice.
The money-savers for the public are the
P. C. C. C.
Pittsburg Combination Clothing
Company, corner Grant and Diamond
streets, opp. the Court House.
Jackets! Jackets!
An immense new line just opened. Ex
amine our vest front Eevere 26-inch wide
wale diagonal jackets at $6, worth $9; fine
astrakhan trimmed reefers onlyS" 45, selling
elsewhere at $10. Those fine stockinette
jackets at $3 58. $3 75, $4. So. S6: red seal
I plush jackets, $7 35; length seal plnsh
jacKeis, C3 ou, beat piusn sacques, 912,
14 20, $16 50, S19 75. Hundreds of misses'
jackets from $2 to $9 75. Gretchens, in
fants' cloaks, etc., in greatest variety ever
shown in the city. Come now while the as
sortment is large. Kosenbaum & Co.
More Pensions and Bounty.
A gentleman representing MiloB. Stevens
& Co., of Washington, D. C, can be seen at
the Central Hotel, Smithfield street and
Third avenue, Pittsbnrg. Saturday and
Monday, October 25 and 27; Allegheny Cen
tral Hotel, Allegheny, Tuesday, October 28,
and at the Commercial House, Sharpsburg,
Monday, November 3, day and evening, by
persons desiring information concerning
pensions, bounties, etc, or having' claims
which they desire to have prosecuted by said
attorneys. Business transacted in German
and English.,
S3 50 Until November 30, 1890 81.
Until November 30 we will make a life
size crayon portrait for $3 50, or 12 elegant
cabinets for $1, at Aufrecht's Elite Gallery,
516 Market St., Pittsburg. Bring children;
use elevator.
Something of Interest
To the business man is where to go for a
nice clean lunch. Since the Rustic Dairy
Lunch Boom has been started a large number
have found what they have long wished for,
and having found they show tbeir apprecia
tion by coming regularly. Delicious hot
coffee, milk, sandwiches, pies, etc 35
Diamond st, back of Weldin's.
New Wall Papers.
Have now in stock a full and complete as
sortment of tbe best wall papers in the dif
ferent grades manufactured in the TJ. S., to
gether Trith an excellent line of English,
Japanese and French wall pipers.
fsu "W. H. Barker, 503 Market st.
The criticism of Mr.Murphy or his plays
is entirely unnecessary, as they are the best
productions of the kind that bare ever been
played or written.
fmJWF
w . " T'V
. - -
DISPATCH,1"
PITTSBURG
WASH DAY IN COURT.
Family Linen Brought Out on Satur
day for a Little Cleaninsj.
MATRIMONIAL CHAINS THAT GALL.
Moody Men and Wrathful Women Who
Fight to a Finish Once a Week.
NEED OP A REFORM OR A LARGER JAIL
The old-time Greeks considered man the
proper study of mankind, and ethnology is
to-day about the most fascinating study,
though when the race Jets within the com
pass of history, its pursuit presents some
disagreeable features. Several phases of the
dark side are shown almost every Saturday
in the Criminal Co urt, and were it not that
.District Attorney Johnston has a soothing,
not to say fatherly, way of composing the
raffled plumage of hysterical women, and,
with the Judges, can send a. tough to the
cooler if he become too obstreperous, it
would be difficult to tell what Kind orcircus
might be developed.
The proceedings of yesterday showed that
marriage is "sometimes a failure in this
neighborhood. Occasionally a surety case
would come up in which the opposing
parties were not husband and wife, but the
majority of the contesting parties bore this
relation. In some cases it was not difficult
to discover where to place the blame, but oc
casionally the chances were so evenly bal
anced as to right or wrong that a Judge re
quired the acumen of Solomon to do the
proper thing.
HABD TO PLACE THE BLAME.
When a man shows in his appearance
that he is a brutal, low-browed tough, and
not overly scrupulous as to truth, and the
complainer's wife is a sharp-featured, red
nosed, thin-lipped, razor-backed, virago, it
is a difficult matter to properly apportion
the blame. The case is sifted as far as pos
sible and the decision rendered with many
misgivings.
The curtain was rung up yesterday with
two colored men and a mule in the first act
Tbe plaintiff deposed that not only did de
fendant carry a razor, but he, plaintiff, was
afraid defendant would do injury to his
mule, which constituted a material part
plaintiff's capital. Several colored men
gave testimony calculated to show that not
only was there danger to the mule in tbe
Continued freedom of the defendant, bnt also
that plaintiff stood in some danger himself.
He, however, said, he "wasn't afraid for
himself, but for that 'ere mule," and de
fendant was let go on his own recognizance,
after a severe lecture from Judge Magee.
Mrs. Joseph Beese had her husband up
some time ago, asking that he be made to
support her, and Judge White had fixed a
sum to be paid per week. Meantime, Mrs.
Beese had been informed tbat Joseph con
templated emigration, and as he was out ou
his own recognizance merely, she had him
rearrested.
Joseph's Attorney, Mr. Alcorn, contended
that it was a grave injustice, and asked for
the discharge of Beese. The latter said he
was willing to pay, but could not give se
curity. Thomas M. Marshall, Jr., insisted
that a man who had talked as Beese had
could not be trusted, and Joseph was finally
required to come before Judge White to
morrow and settle the matter again.
NOT IN A LUCRATIVE BUSINESS,
Frank K. Kelly, an almost beardless
youth of Wylie avenue, was arraigned on a
charge of non-support of his wife, and the
testimony of the wife and a number of
women, married and single, was that Frank
not only neglected to, properly feed Mrs.
Kelly, but on one occasion had blackened
her eye by a blow with his fist; also, tbat
sometimes he did not get up until 10 o'clock
A. M.. when he- might have been
out hustling "-for meat and potatoes
and that at' times' he played checkers''
in his store in the afternoon with divers.'
people ot leisure, when he should have
been hustling for grub. Frank offered evi
dence denying generally and specifically
all his wife's and neighbors' allegations,
showing that at times he had no milk to
sell, and then he took a rest in bed, but
when he had a supply on hand he got up
at 4 o'clock a. M." Frank informed tbe
Court that after living expenses were
dedncted he had but $10 profit per
month on the business, and that
he run it to its full capacity. He also de
posed that his trouble was fomented by
his wife's relatives,in which it seemed that
it might not only be too much mother-in-law,
but also too much father-in-law,
brother-in-law, sister-in-law, collateral rela
tives and officious neighbors. Judge Magee
directed him to pay $10 a month to his wife,
the profit on his business.
THE SAD STORY, OP A WIPE.
The last case of a baker's dozen that at
tracted particular attention was one brought
to the notice of the Court by Humane Agent
O'Brien. It was that of an iron worker who
is said to make about $28 a week, when at
work. The wife testified that she and her
four children were forced to maintain them
selves on what was lelt after her husband's
sweetheart had been provided for. The wife
was somewhat excited when she began her
address to the Court, and her fervor in
creased as she went on, until her
eves blazed and her form dilated.
Her gestures were scarcely up to the elocu
tionist's standard, but they were none the
less effective. She said she had borne her
husband four children, and that in her
hours of peril he had never either provided
her a doctor nor given her the money to pay
one Judge Magee decided that the hus
band must .either find $5 a week for his
wife, or lie in jail indennitely, appirently
taking the ground that if the mau did not
support his family they would not suffer on
account of his incarceration.
J. A. O'Donnell, Esq., suggests that
some punishment should be devised that
would catch wife beaters and persons
notorious for the neglect of their families.
It ii difficult to properly apportion punish
ment at all time, as, it is occasionally very
hard to determine who is the most to blame
in the squabbles between the sons and
daughters of sorrow and penury.
SHREWS AND THEIR TREATMENT.
Occasionally shrews "who would provoke
the patience of Socrates into an outburst,
come into the Criminal Court with tales
against husbands who, under happier en
vironment, would do the right thing, but as
a rule, a husband who beats even a shrew is
a brute. If all such are sent to jail, that
institntion must be enlarged. They cannot
give bond for tbe performance of what the
Court commands, and so are, to a large ex
tent, released on their own recognizince,
with a threat that they'll catch it if they do
not comply and support their families. The
majority of such cases come into court
again, and are a source of endless trouble.
The condition of Pittsburg streets might
suggest, a remedy to legislators. Wife
beaters might in repairing them and keep
ing them clean earn enough to support their1
families.
"Fall and Winter Opening.
Nobby suits and overcoating at Dickson
the Tailor's,corner Fifth ave. and Wood st,
second floor. Telephone 1558.
E. Schauer, Tailor,
407 Wood ft, makes fine clothes at low
prices.
Overcoats.
Fall and winter overcoats at Pitcaim's,
434 Wood street
Feather Trimmings One case of the
newest styles, ostrich and others, at Sein
ing &TrViIds, 710 Penn are.
Hosiery and Underwear
For men. A very attractive line. Special
values in merino and nat'l wool underwear.
A. G. Campbell & Sons, 27 Fifth ave.
SUNDAY,
'OCTOBER "26;
PACKED TO-THE DOORS.
HUNDBEDS BAD TO BE TURNED AWAY
THAT COULD NOT BE WATTED ON.
One of the Greatest "Fire Insurance Clothing
Sales That Has Ever Taken Place In
Pittsburg Now Going on at 540 Wood
Street
The crowds-of customers yesterday at this
great sale was something wondeiful; the
building was not large enough to hold all
the people. Mr. George Peyton, the ap
praiser, has engaged 25 extra salesmen to
wait upon tbe large throngs of customers that
will come to this great sale of fine clothing
this week. The like of it was never known
iu Pittsburg before where clothing was sold
so cheap. Just think, fine clothing being
sold at 35 cents on the dollar, meaning a
saving to you of 65 cents on every dollar's
worth purchased. All you could hear all
over the building yesterday was "Cash," "I
will take that suit," "Have these pants
wrapped up for me." People coming for
miles to attend this great sale which is now
going on at 546 Wood street If you value
money you will not miss this chance. We
mention a few of the many bargains yon can
obtain. In order to show what gigantic
bargains will be offered, a few prices are
mentioned, and remember this great sale
will last for a short time only.
A splendid suit of men's clothing for
$4 60, This suit is well made, all to match,
latest styles, and really worth $13. Men's
extra fine-.quallty suits, made and trimmed
in best possible manner, $7 89. guaranteed
to be worth $20. High grade goods, mean
ing equal to the finest quality tailor work in
all styles. Prince Alberts, cutaways, sacks
in wide wales. Clay worsteds and cheviots,
silk and satin lined, we will sell for
$10 25, worth $25. We offer an elegant
pair of men's pants for $1 55, made
of nice cloth, and thev are reallv
worth $4. Men's elegant fall suits, $5 45,
worth $15. Men's heavy ulsters $5 65,
valued at $15. Men's chinchilla over
coats $4 58, worth $14. Men's silk faced
fall overcoats $5 85, worth $18. Men's
roval standard kersey silk and satin
lined overcoats $8 75, worth $30. A tre
mendous variety of boys' clothing of the
finest quality all must go at a terrible
sacrifice. "Do not fail to call and examine
goods and prices at this great sale to be
sold at retail. A chance for such wonderful
bargains occurs only once in a lifetime. Be
member the address No. 546 Wood street,
opposite new Bank of Commerce building.
During this great fire insurance sale the
store will remain open nntil 9 at night and
Saturday -ffn til 11 p.m.
George Peyton, Appraiser.
ALWAYS CROWDED AT
Thompson's New York Grocery and This is
the Cause of It.
15 lbs. granulated sugar $1 00
7 lbs. rolled oats
7 lbs. large lump starch
5 packages cornstarch
2 lbs. prepared cocoanut
8 lbs. Delaware evaporated peaches
7 lbs. California evaporated peaches
25
25
1 00
1 00
,1 00
12 lbs. evaporated blackberries..
10 cans Columbia river salmon.
3 lbs. new Valencia raisins. . . .
4 lbs. new currants
7 lbs. new buckwheat
1 doz. oarlor matches (200s)....
1 00
25
25
25
10
1 doz. fat family mackerel o
1 kit extra No. 1 mackerel 1 50
7 bars best 5-cent wax soap 2J
17 bars best 5-cent floating soap 25
12 bars good scrubbing soap 25
, 4 bottles good ketchup 25
1 bbl. good Amber flour, (war
ranted) 5 40
1 sack good Amber Hour, (war
ranted) 1 bbl. XX. Amber flour, (war-
r&oicu
1 sack XX Amber flour, (war-
iuU leu J ,
1 bbl. best lamily flour
1 sack best family flour.
1 bbl. fancy winter wheat flour....
1 sack fancy winter wheat flour. . . .
5 lbs. good tea
130
5 75
1 40
6 00
1 50
6 75
1 65
1 00
Goods delivered free to all parts o' both
cities. To those living out of tbe city will
prppay freight on all orders of $10 and
upward to'an station or landing within 100
miles of Pittsburg. Send for price list
M. B. Thompson,
301 Market st and 69 Third ave.
Opposite Gusky's.
A Special Drive.
For Monday's sale we offer 450 men's
double-breasted sack suits at $8 each. They
are made from genuine Aurora cheviot in
six patterns, and sold at regular price tor
$15. We offer them for Monday at $8.
P. C C. C, Pittsburg Combination
Clothing Company cor, Grant and
Diamond streets, opp.the court House.
Lots. Walls. Lots.
Grand opening sale, Seeiy's plan, Walls
station, P. B. B., Saturday, November 1,
and Monday, November 3, 1890, from 1 to
530 p. m. 'For particulars see M. F. Hip
pie & Co., 96 Fourth ave., or C. B. Seely,
6017 Penn ave
The First Time In Pittsburg.
Beautiful embossed leather light screens,
jewel cabinets, handkerchief and glove
boxes, card cases and cigar cases from
Vienna; our exclusive importation.
Dubbin & McWatty,
Thssu Jewelers, 53 Fifth avenue.
Dabbs has tbe photographs and portraits
that were t the Exposition now at his
rooms, 602 Liberty st, and will be pleased
to have tbe public examine them and many
others at their leisure.
Now Is the Time.
To have your pictures taken and avoid the
holiday rush. Cabinet photos $1 00 per
dozen. Life size crayon portraits, with
handsome frames, $7 00.
Lies' Popular Gallery, 10, 12 Sixth st
TTSU
Fall and Winter Opening.
Nobby suits and overcoating at Dickson
the T.iilor's,corner Fifth ave. and Wood st,
second floor. Telephone 1558,
E. Schaner, Tailor,
407 Wood st, makes fine clothes at low
prices.
' Overcoats.
Fall and winter overcoats at Pitcairn's,
434 Wood street
Monday morning we shall show some
extra fine novelties in dress and wrap trim
mings. , Beining & Wilds,
710 Penn ave., Pittsburg.
Infants' Furnishings.
The most complete line to select
from.
Prices the lowest.
A. G. Campbell & Sons, 27 Fifth ave.
E. Schauer, Tailor,
407 Wood st, makes fine clothes at low
prices.
Fall Suitings.
For a good-fitting suit or overcoat, go to
Pitcairn, 434 Wood street
J. G. BENNETT & CO.,
Leading Hatters and Furriers.
Bennett & Co. 's Seal Jackets
Bennett & Co.'s Seal Jackets
Bennett & Co.'s Seal Jackets
Are the best fitting in the city.
Are the best fitting in the city.
Are tbe best fitting in the city.
All Alaska Seal.
All Alaska Seal.
All Alaska Seal.
Every Jscket guaranteed.
Every Jacket guaranteed.
Every Jacket guaranteed.
No advance in price.
No advance in price.
No advance in price.
J. G. Bennett & Co.,
Leading Hatters and Furriers,
Corner Wood street and Fifth ave.
1S903
CALEEDTOTHEWORK
Eight Tonng Divinity Students to
Sacrifice Self for the Lord.
MISSION WORKERS' CONVENTION.
Some Tf rj Scathing Remarks to Pastors hy
One of the Speakers.
QUESTIONS AND EYENIKG SESSION
It wonld be next to impossible for a per
son to sit through the sessions'of the Ameri
can Inter-Seminary Alliance Convention
without becoming interested in the heathen.
The earnestness and sincerity of the speak
ers have a telling effect on the auditors, and
conversely, the results of the convention
will be felt long after it has closed and in
many lands. .As a result of their convic
tions.eight young divinities yesterday volun
teered to join the missionary movement and
go where they may be sent.
There were in the church at the time, 56
other bright young men, who are only wait
ing to finish tbeir college course, to enter
upon their work as apostles to benighted
lands. Tbat tbe strong arguments and en
thusiasm evinced by tbe delegate speakers
will influence others to join the ranks, is
pretty sure. The effect on home missions
and general evangelization cannot but be
great
At the morning session yesterday, A. J.
McKelway, of the Hampdcn-Sidney Semin
ary, read an interesting paper on "The
Prospective and Actual Pastor in His Re
lation to Missions." He suggested tbat
frequent missionary sermons be preached by
pastors. He said that returned missionaries
should not attempt to follow the pastor's
line of thought, but should teli of their own
work and enthuse the pastors that can bet
ter present the matter to their congregations.
circulation op the bible.
The next paper was "The Circulation of
the Bible as an Evangelizing Agency,"
F. N. Marriam, Hartford. The circulation
of the Bible, he said was the best means of
spreading the gospel. In tbe early part of
the century there were but 4,000,000 copies
in circulation. Within the last 76 years
the American Bible Society has alone dis
tributed 52,000,000 volumes, in 300 lan
guages. His paper was given largely to
figure argument ot an effective nature.
B. P. Wilder's address at the afternoon
session was on "Leadership." The speaker
handled tbe subject in a fearless manner,
and in a general way made some
scathing remarks about the feelings
of ministers and laymen to do what
they should for the missionary cause. He
said that the influence of the pulpit in iu
fluencing volunteers for the missionary
field was a great and responsible charge.
Out of 200 missionary societies only 6,000
missionaries and only $1,000,000 ior the
work. "And yet," said the speaker, "only
two-thirds of the human race has heard of
Christ.
"People must wake up and the pastors
must wake up," said the speaker, "and en
thuse their congregations, or who will doit?
There is not enough money contributed.
Boston gives $19,000 to church choirs and
only $6,000 to missions. New York gives
$100,000 for flowers, and but a slight propor
tion ot that amount for missions. Fifty per
cent of the chnrch communicants do not
give anything. AVhatisthe trouble? The
influence of tbe pulpit is either insufficient
or not properly wielded.
MANY NOT DOING ENOUGH.
"Divinity students are not doing-enough.
Only filtyis'even-tenths of the graduates of
seminaries join the missionary work. The
inter-seminary missions must be strength
ened. It is helping greatly to break down
the denominational barriers, and tbe results
nave oeen most encouraging, out neip is
needed. The character of a minister's ad
dress on missions should be aggressive not
apologetic."
Tbe speaker urged the establishing of en
dowed mission chairs in universities. He
further urged the formation of five more
district alliances in Central New York,
OhiOj Western Pennsylvania, Tennessee,
Virginia. After a fervent prayer, Mr.
Wilder made a call for students to join
"The Student Volunteer Movement." The
young men who responded are: L. E.
Camfield, Chicago; E. C. McClure, Western
Theotogical Seminary, Allegheny; W. G.
Finney, Union Seminary, New Yors; J. P.
White. Arkansas City; D. S. Herrick,
New York; William Cabell Brown, Alex
andria, Va.; E. Astda, Evanston, III.; J.
W. Hoffman, Nobelstown, Pa.
Bev. Dr, Chamberlain, a missionary to
Brazil, gave a short extempore Speech." He
said that since the formation of the new Be
publicTthe doors are thrown open to mis
sionaries and a great work is needed. When
he first went to Brazil, the worst thing he
had to content with was the lack of knowl
edge in regard to the condition of the Bra
zilians by the people at home. The people
at home thonght tbat Brazil was a civilized
country in all respects.
CONTENTS OF THE QUESTION BOX.
The address was illustrated by a large
map, and at its close the question box was
opened and answered by the doctor. Some
of the questions and answers lollow:
Is it a hindrance to a missionary to 'be mar
ried? A married man in Brazil has more in
fluence in society circles and has the confidence
ot tbe people.
Is a classical education necessary? No.
Is a medical conrse ol much benefit to a mis
sionary? Advantageous, but not necessary.
Should a young n.an leave a father dependent
on him and enter missionary woru? If he Is
snre tbe Lord calls him he should go.
The remainder of the afternoou session was
given up to hearing the reports and trans
acting other business. It was found that
there were 143 delegates from outside the
city, 297 from the city and three visiting
delegates.
THE OPPORTUNITY TO HELP MISSIONS.
Last night Bev. J. L. Hurlbnt, D. D., of
New lork, delivered an address in the
Fint Presbyterian Church, bis subject be
ing "Bustling of the Leaves." After a
short introduction in which the speaker
referred to the Biblical incident ot David
and the rnstling of the mulberry leaves, he
said that the leaves were now rustling, and
that the time was at hand for a great master
stroke in the missionary field. Seventy
years ago there was scarcely a land where a
missionary could go and preach the gospel
in safety, while now the gates of every
country are wide open. ""
China, Japan, Spain and Mexico, coun
tries which were once inaccessible, now ex
tend invitations to the missionary to go and
teach the principles of religion. One man
can do more now than ten could do 100
years ago, and one can do more now than
ten can do 20 years hence. Everything was
working for the missionary cause, including
tbe railroads and tbe telegraphs. Mr. Hurl
but closed with an appeal for money to
help along the cause oi missions.
A Special Drive.
For Monday's sale we offer-450 men's
double-breasted sack suits at $8 each. They
are made from genuine Aurora cheviot in
six patterns, and sold at regular price for
$15. We offer them for Monday at $8.
P. C. C. C, Pittsbubo Combination
Clothing Company, cor. Grant and
Diamond sts., opp. the Court House.
Fall and Winter Opening.
Nobby suits and overcoating at Dickson
the Tailor's.corner Fifth ave. and Wood st,
second floor. Telephone 1558.
Dramatic art is made up of little things,
and it is in tbejudiclous manipulation of
them tbat shows Joseph Murphy to be an
artist
Black Silks A special offering for this
week in all black, striped and plaid surah
silks at $1 Trdj were $1 25 and $1 50.
TTSSU HUQUS &HACXX.
NEW ,. ADVERTISEMENTS.
Ttie Leading and Largest Millinery House
In Western Pennsylvania.
,'
jPJ
WRAPS AND JACKETS.
It is not usual to give extraordinary bargains fthus
early in the season,, but we are always doing something
U N USUAL, and thfi week offer
728 PLUSH GARMENTS,
.A.S FOLLOWS:
AT $10 PRICE ELSEWHERE, $15.
AT $15-PRICE ELSEWHERE, $20.
AT $17 PRICE ELSEWHERE, $24.
AT $20 PRICE ELSEWHERE, $28.
AT $25 PRICE ELSEWHERE, $32.
The above are all new, fresh goods, made in the most '
desirable styles, plain and trimmed. Seeing is believing -.
come and see them and see whether or not we are doing
what we claim. t
IN ADDITION TO THIS SALE
We shall place on sale to-morrow the largest purchase ever
made by any Pittsburg house, in Imported Berlin made
JACKETS. The lot is large, the individual styles numer
ous there being, in many cases only one of a kind, and these
are of the choicest and newest designs. This will be our In
augural Special Sale of the Season, and probably the only
one at which you can purchase a Fine Imported Jacket at a
mere nominal figure. Prices, $8, $io, $12, $15, $18 and ' 1
$20 each. j
MILLINERY! MILLINERY ! : ;
TRIMMED AND UNTRIMMED. -'
Go anywhere, everywhere, and price everything in the
Millinery line Hats, Bonnets, Velvets, Ribbons, Tips, Jets, j
Birds, Wings, Aigrettes, eta, then come to us. We will
save you dollars and cents on all purchase-.. WE are the ;
acknowledged leaders of Millinery in Western Pennsylvania. f
We have MANY, many imitators, BUT NO EQUALS.
House Furnishing Goods,
SEE THESE PRICES:
13c 75 dozen Lunch and Dinner Baskets, worth from 25c
to 35c. Our price, 13c each.
3C 5 Japanese Boats, for fruit, bread, cards, nuts, etc,
worth 2 7& Our price, 13c each.
34c 45 F001 Bath Tubs, nicely painted, worth 50c. Our
price, 34c each.
IO Bars for -25c Ives Family Soap for toilet and laundry
worth 5c bar. Our price, 10 bars for 25c.
HflLFPRICE-DOOR
We have AN IMMENSE STOCK OF FINE DOOR j
MATS, and purpose closing them out by selling them at just 1
half their regular value.
31c For a large, heavy Mat,
8ic each,
ggc For an elegant Fancy
To close out, 99c each.
1 13T"For an extra Mat,
$1 13 each.
31 "i3 Fr a very large,
To close out, $1 43 each.
SPECIAL.
Our Fall Catalogue now
FREE OF CHARGE.
DANZIGER'S,
The Money-Saving Stores for the People,
SIXTH STEEET AND PENN AVENUE;;
oc3B-a"
M ATS.-HALF PRICE,
worth $1 62. To close out, ';
Bordered Mat, worth $r 98V
worth $2 29. To close outy
,'
handsome Mat, worth $2 98. ;
ready mailed to any addresg;,.
- 'i
' m
?
'1