-V 12 THE PITTSBURG DISPATCH, WEDNESDAY, MAT 11, 1892. SUSTAINED THE BILL. A NEW MERCANTILE PALACE. NEW ADVERTISEMENTS. NEW ADVERTISEMENTS. HEW ADVERTISEMENTS. w ECT YOU Judije Stowe Dismisses the Demurrer of the East Liberty SEGEDERS FE01I THE E. P. CHURCH. lie Decides That an Equity Proper Remedy. Suit Is the TIIE SEWS OP 1IIE COUNTY COURTS Judcje Stowe yesterday haudeJ down an interesting opinion dismissing the demurrer in the cas of the East End Keformed Presbyterian Congregation against the Rev. O. B. Milligan aud others, the seceders to the United Presbyterian Church. The suit is a contest for the church property, and the demurrer was argued a few days ago. The opinion is as follows: The first reason assigned for demurrer Is tluit the plaintiff's bill does not state such a case as entitles them to the relief sousht and prayed Tor aqjaint said dclendants. Tho s-ccoud and third aro substantially to tho samo pffect, and all raise tho Question of tho equitable Jurisdiction ot tho court. This question is disposed ot by the decision of the Supicme Court in Henry ts Disthurt, where it is said by Justice Woodward: "The Courts of Common rieas by statutory enactment have the jurisdiction and powers of a Court of Chancery in the supervision and control of all corporations other than those of a municipal character." Damages which misht be recovered in such cases as this in nn action of ticspass would atTord not only no adequate lemedy, but no lemedy at all. A resort to the ci iminal process would pro duce scandalous aud unseemly conflicts. The Protection of llpljglou Societies. Religious t-ocieties aro entitled to a more appro)! late legal protection of their secular and spiritual inteiests than would consist in the power to appeal to a Criminal Court. By reason of numbers and of tho character of the rights of the parties, damages are on buitableas a means of lcdie-sand theca6e admits uf no adequate relief at law: equity ulono can apply the requited remedy while the malcontent can be restrained only by the pon cis of a chancellor. In Kerr vs Trega it was said that a bill in equity is the remedy usually adopted 'when chuichcs divide, into parties. In Itoclic's appeal Justice Mntranood said: "tquity is the very lemedy usually adopted and we applied it in three such cases in tho last year. Therein we decided directly on the lights of property becauso that became the aim. Indeed a religious society, incor porated orunlncorporatcd, is but tho trnsteo of a charity and it has always been peculiar ly within tho provisions of equity to pre vent tho diversion of property, held in trust lor such purposes, from the object and de sign ot the oi iginal endowment." An action at law could not settle tho dif lerence between the parties to this suit, and it follows that aiesort to equity is neces sary, no less for the public interest, than for the welfare and propriety of the congiega tions represented by the parties to this suit. The Corporate Seal Not Necessary. Tho fourth, firth, sixth, seventh, eighth ninth and twelfth reasons aro in sub stance that the parties using the name of the East End Reformed Presbyterian Con gregation acted withontauthoiity: that they ore mere volunteers, and the bill is defective in not being under the seal of the corpora tion. But we do not think these objections, orany of them, are well loundert. The bill is signed by parties who allege that thoj- are, one the President, tho other the Secretary and the third a trusteo of the plaintiff con gregation. This cannot bo gainsaid on a demurrer. If it were necessary to have the 1)111 verified by tho seal or the corporation, no suit could be biomrht because the bill allows that the defendants have themselves lire seal w hich the- refuse to deliver to tho plaintiff-, and if under such circumstances n corporation could not sue, there would be no protection against violent and illegal in trusion and usurpation of corporate lights whenever the usurpers obtained posesion or the corporate seal. Equity willnot recog nize sncli doctrine. Tho tenth and eleventh reasons aro mat ters not to be considered bv wav of de murrer as there is nothing in'the bill which alleges that the corporation by any authority contuined in plaintiffs charter vested in de fendants the control and management of the corporation or its propeitj-. It, in fart, alleges ju-t the contrary. The thlitccnth reaon that the prayer lor relier is broader than tho complaint in the bill and not relevant or suitable does not seem well founded. The relief praved for poems proper and tho bill is sustained. This decision allows the case to go to a nal argument 'ii!iii''fpr fiTtf1 jfo'1 j Vttft MM Iff A '"MJHj (Sfflftiti'lfrtTH P IP 1 f If F fry P PI pig IP ' "J j u .j fl S . IJ iT Hill!!! I tiMj.'r'IIIIrToV -v't.- i v -v -- fW$?i Mm0ft ?Vii fflMwl fflW wa All JP in The above is a cut of the magnificent building to be erected by Joseph Home & Co. for their retail stores. It will be loca ted on the corner of Fifth street, Penn avenue, and will have a frontage of 120 feet on Penn avenue, and a depth on Filth street of 200 feet. The building will not only be an orna ment to the city, and one wortliy of the firm for whose accommodation it is being built, but will mark an epoch in the history of the drygoods trade in this bustling city. Heretofore Pittsburg merchants nave been content with the patched up affairs which result from their taking in, as busi ness increased, adjoining rooms or build ing. The present establishment of this firm is a most notable instance. In 1870 Jos. Home & Co. moved from their store on Market street and occupied two rooms in Librarv Hall building- This store was then the largest in the city, though having only BO feet frontage. Oue after another the storerooms of the building were taken in, until at last the entire building was thrown into one. The last move was the occupancy of the three-story 50-foot building next to Library Hall, which is now occupied by their cloak and suit departments. With this move further extension in the old quar ters became impossible, and at bi3t tlu place was poorly adapted to a large and rapidly growing trade. But here Pittsburg's peculiar construction threw nn obstacle in the way which it has taken years of effort to surmount. Prop erty in the limited business district was al most wholly owned bv individuals or es tates and in small portions. It seemed al most as if property large enough or suitable could not be found. But the problem has been happily solved in the selection of the excellent location named above. It !a rn1aKltr tlio linct ennt. if. I would be possible to secure for" the purpose, taking its locality and general adaptability. The firm consider it a most fortunate purchase. The building to be put up, of which the above cut is fairly representative, will be six stories and of the most modern steel, fire-proof construction. Architecturally, it will be beautiful, and altogether a monu ment to the city. The main floor will be 22 feet high, giving perfect light and venti lation. A great skylight in the center and windows on every floor will flood the entire interior with light A luxurious reception and toilet room and six large elevators will be features heartily appreciated by their lady patrons. No pains or means will be spared to secure perfect comfort and con venience to the buying public. This young lady examines the young scholar. "Johnnie, where is Carlsbad?" "Part of it in every drugstore the United States." "How do you make that out?" "The Carlsbad Sprudel Sails and the Waters are." i "What have they done for you, that you know so much about them?" "Why, they have cured papa of his dyspepsia, and in the place of a cross father they have given me a kind and loving parent." Dyspepsia will spoil the most an gelic temperament. Too much bile inactivity of the liver will start it. Try the Carlsbad Sprudel Salts or use the imported Carlsbad Waters. A standard, a never-failing remedy. The genuine have the signature of "Eisner & Mendelson " Co., Sole Agents, New York," on every bot tle, w P (Trade-Mark) "f"" .&P. KID GLOVES PERFECT FITTING THE NEWEST SHADES THE LATEST STYLES THE HOST DURABLE THE BEST WORKHANSHIP. THEREFORE ALWAYS SATISFACTORY None genuine unless stamped 'P. &p. For sale by ROSENBAUM & CO., 510-518 Market st. apC-w TO THE RIGHT ROAD TO ECONOMY. No person can become prosperous that will indulge in fool ish extravagance. Take the advice and be guided to the orig inators of the SMALL PROFIT SYSTEM. These cuts represent suits that we are offering for $2.75, $3, $4- $5 Laird's Shoes are the best and the most popular in Pittsburg. (LOVES ? DIDN'T KNOW WHAT IT WAS. Tredcrick G. M tiller's Reason for Cancel ing a Mortgage. A bill in equity was filed yesterday by Fredii ick G. Muller against Jacob Dietrich. Muller states that In February, 1691, he and Ills wife agreed to sell a lot In Slialcr town ship to Dietrich for $34G 25. In addition Mnller was to erect n house on it for $J75, Dietrich to piy for tho materials. Muller performed nts share of the contract but IMetiicli has never paid him any money. Instead, in last Mai ch. when the met pre bumably to have a settlement, Dietrich cot JIuller. who Is CI vears of age and cannot lead or write Enjilish, to sfen a bond and mortsajje for 900 on the place. -Muller did not at the time know what he was slgntns. He now asfcs the court to cancel the bond mid mortRase and Kraut such other relief as 1 necessary. A DEFECTIVE PATENT. The Purchasers Claim It Is Valueless and Want Their Money Back. In the United States Court yesterday, the case or the Eureka Mower Company, of Xew York, vs the Eureka Mower Company, of Towanda, Pa., was continued until the next term owitiR to the withdrawal ofa juror. The case of the Eureka Mower Company, of Utica, X. Y , azainst the executors of tho late E. T. Fox, was then taken up and is still on trial. Mr. Fox, it appears, was at the time of his death Fresident of the Eu reka Mower Company, of Towanda, Fa., and sold the property and franchises, including n number 01 valuable patents, to the Sew Yoik corporation. Amons the ascts were certain patents, which, it is alleced, after a tiial proved delectivennd valueless. They sne the executors of Fox, he bavins con ducted the nezotiations. yesterday in the case of C. F. Todd against the Second Avenue Passenger Railway Com pany, an action for damages for the loss ot a horse, struck and killed by a car. A VEimiCT of $300 for the plaintiff was given in the case of Christian Stoub against Will iam F. Morris, William Daniels and T. P. Collins, nn action for damages for injury to Jroperty, caused oy excavating in tuo aa oininglot. Delia Caik was to have been placed on trial yesterday on the charge of murder for the killing of her child. The case, however, was allow ed to go over until to-day, in order to conclude the cases on trial and sccnio a full panel of jurors from which to make a selection. Ik Judge Collier's branch of the Criminal Court, the cae of Frank Mankodlck, charged with maintaining a nuisance in obstructing a public road, is still on trial. Mankcdick. it is alleged, has built an outhouse on tho road near 'Willow Grove, North Fayette township. A verdict of $560 for tho plaintiffs was given yesterday in the case of Mary J. and Kate Hanlgan against the Duqncsne Trac tion Company aud tho city of Plttsbuig. The case was an action for damages lor in jury to property caused by changing tho grade of Forbes street when the Suquesnc line was built. A New Engine House. The old Fulton foundry is to be remodeled and used for a fire-engine house. It will cost $20,000 to make the change. Engine companies 18 and 19 will occupy the build-injr. DUFFY'S PURE maltwhskey To-Day's Trial Lists. Criminal Court Commonwealth vs Delia Cain. I. I. Kichards. August Dauner (2), W. II. Walker etal. (2), Charles Strain, (i). George R. West (2), a II. West (2), George A. Nye (2), A. L. Nyo (2), Julia Uoyer, Joseph Ryan, J. D. I.uplier (4), C. J. t'asity, John Luuzhlin, H. F. Biggam, Matthew Stewart, F. E. Johnston, Matthew Best, J. Geib, George Dark. Fiank Gross, J. K. Woodlock, V. K. How ley, Alice Plant, James lilair. Common Pleas, So. 1 McNeil vs McNeil: McLean vs Getty, Jr.; Osmond vs Brady: Malarkey et al vs Sevfang; Tiuby vs Clem ents: Weiss vs Sobeyda et al; McDonald vs P. A W. By.: Bi citing & Co. vs Hughes; Shan non et al vs Thomas; Moonev v Barne. Common Pleas o. 2 Ifarrlson vs Mc-Kce-poit; Woods vs Bevnicr: Giahani vs Dean: Ekendoivcr vs I'hiiadelphia Com pany etal; Caldwell vs Grav & Co.: Boston vs Kiess; Barber vs I'iccaidl: Leechhurg Foundry and Mnchine Company vs Jennings Bros. & Co.; Williamson vs Croft; Elwood vs Hamilton et al: Miller vs Newman. Common Pleas No. 3 Urlas vs Pennsyl vania Itailtoad Company: Ilemmerle Vs Hennlcke; Wuitehnuse vs Whitehouse; Hill, administrator, vs United Lire and Accident Insurance Association; Kroue vs White man; Mackenzie vs Blaine Land Impiovi--ment Company; Glas vs Philadelphia Com pany ct al; McCoy vs Pnihidelphia Comp.iu v vt al; Conomos vs Mclncrm: Kcniiuy jt Ilcnningvs Wolfe, Jr.; Jones s Bracken; Guudlach vs Wolcnskl. After the grip a gentle and safe strengthening medicine is needed. None so eflectual, none so invigorating and, when mixed with a little cold water and sweet' ened, none so pleasant as Dr. D. Jayne's Tonic Vermifuge. Dose for grown persons one to two teaspoontuls, and ior children, smaller in proportion to age. As a worm medicine ior children, it is of the greatest efficacy. Small bottles 3.1 cents, double size 50 cents each. Buy of your Druggist. ap23myll,27 The Tenna. K. R. Co.'g Experience. The experience of the Penna. Railroad Co. in cit-anlng their cars and offices is a curious example of the benefits of chem istry when applied to the small things of life. Tliorailtoad company had great ttouble with the paint scuffing and weailngout on their cars. The matter reached a climax when a new car. built lor the directors and finished in the finest manner, was returned to the Altoona shops after one trip with the paint looking scuffed and dingy. The cause of this rapid deterioration of the paint was refencd to the chemist of the company, Mr. C B. Dudley, of Altoona. By caieful in vestigation and analysis he discoveied that the whole trouble was caused by the soap used in wakhlng the cars containing a large amount of free and carbonate alkali, which, of course, was fatal to the varnish and paint. After many experiments and tests, Mr. Dudley advised, and the company adopted, specifications and chemical tests, to which all soap purchased by them would have to comply. Since the adoption of these rules the railroad company have had no trouble from having their paints destroyed, and in this one item alone save many thousands of dollars annually. Messrs. W. & IL Walker, of Pittsburg, have been supplying this soap to the Penna. Railroad Co., and they have now concluded to offer this saino soap under the name of oaieer's family boap, lor general house hold uses. If a gi eat corporation like tho Penna. Rail road Co. finds that it pays them well to use an absolutely pure noap, of how much more relative importance is it for every house keeper to do so. Ask your grocer for Walker's Family Soap and try it. It costs no more than ordinary soap. 21WF CrKIGHT PIANO, S20O. Upright Piano, S150. Square Fiano, 8195. A fine upright piano, used about four months, at $20J. A 7K octave upright, in good condition, at $150., Also a flist-class square pinno in perfect order at $105. A Bplendid oppoitunity to purchase a piano at a low flguie. J. M. Hofpjianh & Co.. S37 Suilthfleld street. The unrivaled Sohmer pianos, Colby pianos and Schubert pianos at the most rea sonable prices. A&H ASK mm HOW THEY LIKE '5 SHOES THEN AGAIN: IF THEY'RE COMFORTABLE! IF THEY'RE FASHIONABLE! IF THEY'RE RELIABLE! Just now your stock of Summer Hosiery needs replenishing the ques tion is where to buy. Some induce ment must be offered. Well, we're not giving a chromo with every pair of stockings, but we DO OFFER in this line than any the city. Investigate Read and think for T THE PRICE FOR MEDICINAL USE NO FUSEL OIL There are many so-called whiskies In the market, but it lias hern proven bevond all doubt that DUFrY'S Is THK ONLY I'UEC MEDICINAL ONE. As R Remedy for Pnen mnnla, Malaila or DYSPEPSI It U nd mtrablr. It tones up the system and puri fies the blood. WOMEN will rind thW grand preparation of the greatest benefit, while to MEN it brings new Hfo and imparts fresh vigor to the whole system. It can he obtained at all druggists anil Grocers. Send for oar book. THE UUFFY MALT TTUISKKT CO., Kochestor, N. Y. mlilG-ws Teacher "Who discovered America? Boy Don't know; but my mother dis covered that the Camellia" and Bayard Amber flours, of the Marshall-Kennedy Milling Company, make the best bread in the world. TnE Iron City Biewlng Company uses nothing but tho choicest qualities or malt and hops in the manufacture of its favorite brands of lager and Pilsner beer. This beer Is guaranteed to be four months old, un adulterated and a most delicious beverage. Fifty thousand barrels or it on hand In the vaults of the Iron City Brewing Company. I'm it, aie and quality combined. Hie Hum of the Conrtx. A os-surr was taken by the platntlfiSin the case of Annie Price against John A. Adams, a suit for damages for slander. A veedict for the defendant was given in the case or Spence & Glosser against A. B. Stevenson, a suit to lecover a commission on a sale ot real estate. In thecaso ofUndercaffe & Conrad against "Win. Weigand and Theo. Lofink, a suit on a mechanic's lien, a verdict was given yester day for $24 for the plaintiffs. A verdict for the defendant wasgiven in the case of Isabella Bothwell agaiiistMary E. Bowman, and action for damages for alleged injury to property causedjby drain age, otc. J A verdict of $125 for the plaintiff was given Mallrd Free. Oit new 5"-pagc cataloine nntl price list of fine git ccriPH sent to any address. MiLLtu Bi:o8 , IS2 Federal St., AUegheny. WALL PAPER. Closing Oat Sale, ' Entire stock to bo closed out within GO days regardless or cost. Greatest bargains in the city. Pittsburg Wall Pai-eh Co., 821 Penn avenue. Three Special Bargains, Two cases 44 serge suiting at 8Ua peryard. former price 12)c; 100 pieces E andlSo eatlues 1 educed to 7c per yard, to close: 60 pieces new homespun suiting, lOo per yard, worth 15c II. J. Iriccu's, "k-tsu 138410 Market street. mSmLM A THE NEXT MORNING I FEEL BRIGHT AND NEW AND MY COMPLEXION IS BETTER. Hy doctor fays It nets gently on the stomach, liver and kidneys, and Is a pleasant laxative. This drink is made from herbs, and is prepared for use as easily as tea. It Is called ULMI'S MIDIGIHE All drnwrlsts sell It at 50c and 81.00 ver nactaze. Buy one to-day. Lane's Family Medicine moves the bowels each day. is necessary. In order to be healthy, this de23 -iS-TWThs SPECIAL THIS WEEK. 2,000 pairs Ladies' fine Dongola Kid Oxford Ties at 75c, 98c, 1.18 and 1.24. 2,400 pairs Ladies' fine Dongola Kid Button Boots at $1. 25, 1.50, $1.75 and $2. 1,500 pairs Ladies' finest Dongola Button Boots at $2.50, 2.90, 3. SPECIAL FOR MEN: 1, 200 pairs Gents' fine Calf Seam less Bals and Congress at 1.98, $2.18, $2.50 and 2.90. ' 1,050 pairs Gents' finest Calf, Kangaroo and fine Patent Leather Bals and Congress at $2. 90 and $3.90. better values other house in for yourself, yourself: Genuine Hermsdorf fast black Ladles' Fine Hose. 12Kc. Full Hegular Striped or Balbrigsan, 12Kc Fine Tan Ladles' Hose, 12c. Tan and Gi ay real Lisle Hose, 15c. Fast Iilack Hermsdorf Hose, 18c, 22c, 24c. Finest qualities Hermsdorf Hose, 29c, 35c, 37c. French Lisle, fast black, 33c, 45e, t8e. Fi ench Lisle Fancy Mose, 35c, 44c, 43c Misses' Ribbed Fast Black Hose, 12UC, 15c, ISe, 25c. SILK HOSE FOR LADIES, GENTLKMEN AND CHILDREN, AT EXCEEDINGLY LOW PRICES. Gents' Fast Black or Balbriggan Socks, 12c and 15c. Uents' Striped Full Resular, 12Kc and 15c; extra fine qualities, 18c to 25c. Of course space forbids an enu meration of all the special offerings in the Hosiery Department. All we ask is that you come and see. THE ART DIME. Many music lovers will attend the Mozart Concerts this week, and we wish to call special attention to our line of ' Gloves for evening wear. There's nothing to compare with it hereabouts. No fancy prices, but quality guaranteed the best. Black Silk Mitts for Ladies, Misses and umiuien, -uc, c, aac, up to 70c a pair. Black and Coloieil tibow and Full Arm Length Mitts of all kinds. $k Jj 17 Why will you pay double the price for inferior suits when this famous firm is dividing their recent LUCKY PURCHASE with you? You all know our method of distributing FOOT BALLS GRATUITOUS. It is given to purchasers as a mark of ap preciation for your trade. No scheming device used in 8S c 2- t- S?"S &3 fea I3e3 yes t-5 fe SS fcss tega a EH. Jglm e H N g ss b I&BWaS-I III Ilfll 1 1 IffpMil 111 Wa Ei ;- ij i i - --; r-sa. es --- : " a--r s. r - - - . - -m ZW fe5 SILK GLOVES. We only keep the best makes in black from 38c, 50c, 75c to $1; also Cardinal, Tan and Gray new style Silk Gloves at 50c a pair excellent quality. Wl LAIRD. WHOLESALE AfiD HETAIL, 433 and 435 WOOD STREET. 406,408,410 . MARKET STREET. ml-jrwryl PITTSBURG'S WHY PAY GASH When it may not be quite convenient, for the same articles we give you on time at cash prices ? FURNITURE, CARPETS, REFRIGER ATORS, BABY CARRIAGES, ICE CHESTS, And every article necessary to completely furnish the home. An immense assortment at PRICES THAT PLEASE. x. xmn 510-518 Market St. BiTll-D hIlp Methods. When in need of anything in Men's Suits, Youths' Suits, Boys' Suits, Children's Suits, Gents' ' Furnishing Goods, Hats or Merchant Tailoring remember that you will do no better than to extend your patronage to the above firm, COR. FIFTH AVE. AND WOOD ST. If you are in need of a pair of Trousers see E. & P. Pants for $3, worth $5, and $4 Pants, worth $6. mvll-iTT Eholish linen collars at James B. Aiken & Co.'s, 100 Filth avenue. c H E A P E SKEECH HOUSE. 923,92927 PENN ME, C R E D I T nyll'itW? To iahe the place of a corset-if you won't wear one-try the Ball waist. That's, just what you can do, You can try it, and even wear it for two or three weeks, if you wish. Then, if you're not satisfied, you can return it, and get your money. J Hi FIFTH AVE. AND SMITHFIELD ST. mj-1151 mcrriL ARTIST AND rHOTOGRAFHEB, 16 SIX1U STREET. Cabinets, 82 to 84 per dozen; petite', 81 perdoien. Telephone 1751, apS-61-MWP8a GRAY or FADED HAIR REST02ED to youthful color and beauty by DR. HITS' HAIR HEALTH. 1U. nores dandruff and tealn humors. Does not stain afcln or itntn Beet, rarest, most cleanly dressing- Brnpslrts son. UIS,IIU,tOR8lIIl.r.r.Hn.rKli..pal WarrsatW aoldby JU4, M'hmHHM avna, ana an. gitu, my5-fc!.w WALLPAPER We bought a carload of FINE GOLD WALL PAPER this week that should cost 25c a bolt WHOLESALE. They have Borders and Ceilings to match, and we have marked them all 10c. This is the Greatest Bargain ever offered in Pittsburg. On account of the season getting late we have reduced the price of many others. Do You Need Wall Paper? Do You Care What It Costs? Our Patterns Are All New! 1 Our Prices Can't be Approached! We have the largest number and the most skilled Paper Hangers ever brought to Pittsburg. We have had a hard time keeping engagements in this line, but can now promise prompt attention. SEND FOR SAMPLES. Sent FREE to any address. G.G. O'BRIEN, PIT 1ID ILL PAPER STDRE, NO. 292 FIFTH AVE., THKEE HQTTAKES FBOM COURT HOUSE. nyll-81 'WELL BRED, SOON WED." GIRLS WHO USE SAPOLIO ARE QUICKLY MARRIED. TRY IT IN YOUR NEXT HOUSE-CLEANING. , ftp8-SS-ir"r J 1