THE SCRAN TON TRIBUNE MONDAY MORNING. JANUARY 1. 1894. 8 IN GREAT VARIETY. No Fake Sale in Ours We have better barcaln every flay 'JJ fie year than so-called "barpaia days," "clearing Eales," and such well-known, worn-cut, played-out schemes will afford. Fur real bargains in FIRST-CLASS NEW PIANOS AND ORGANS SE E US. EMERSON PIAN03 Popular, reliable and within your reach HALLET & DAVI3 PIANOS Have taken over 100 first premiums In tLe past fifty years. Oiber makes of Pianos. Fonr makes of Organs In beautiful new designs. See our ttotk before buying. We have the goods, tur prices are right. Everything in ihe BjUBIC llUS, STELLE k SEELEY IS4 WyomlnQ Ave., Scranton, P. fcEWARE OF COUNTERFEITS ! THE GENUINE POPULAR Punch Cigars HAVE THE INITIALS G- B. & Co., lmrirlnlrl nn Each Clflar Garney, Brown & Co. Mfr's. ( or 111 HOUK syl'AKK. DR. WARE will be in his office after Jan uary 3, 1894. 135 WYOMING AVE. WANTS HIS STREET GRADED. NEW TRIAL IS GRANTED Jury Compromises, Judge Smith Thinks, Are Not Always Beneficial. THE LARKIN VERDICT STANDS City's Request for a New Trial Re fused Non-Suit Stricken Off in the Case of Mrs. Clayton Against Hill & Connell A New Trial Granted in the Highfield Case. Property Owner ou North Rabecca Av Diia Voices a Complaint. Editor of The Tkmiune: Dear Sir Will you kindly grant space in your valuable- paper for a few lines concf riling a matter of public in terest? The property owners of North Rebecca avenue have demanded of til city councils the irrudinir of the street. as the same is impassably and in a bad sanitary condition. Although an ordi mince has passed the councils for the work to be done, they now reime to carry out the same, because it bus bean found that some people's property will not be benefited thereby and that such people may sua for damages. I bought a lot, some time ngo. on this street, with the idea of building my self a horn as soon as I could do bo. The location of my lot was just right in relation to the proposed street. Having everything ready to begin building I upplied to the city engineer i for the grade of the street, which grade compelled me to build a foundation 12 le'eUiigll. jn front and 20 feet high in the rear. Vain wus it for me to ask that the grade t e lowered, or to, Rsk our ward councilman to cause sucli to be lowered, I had to build my house according to the fixed grade. Now some of ns are in such a posi tion that if the city does not grade the treet we cannot make a decent home, either in appearance or convenience, 8ome of us are poor miners or laborers and ought certainly not to be deprived of the benefits of our hard earned anv ings. On a recent occasion we were told by the city solicitor, amongst other things, the following: "I do not know why the people of the central city should pay damages on streets which areou the outskirts." Wo ask "why do we pay taxes?'' Many of us have paid heavy taxes for over ten years, and not one penny has ever been ex pended ou our street, there not being even one light on the street. Wo do not own horses and carriagas. The roads are worn by those who do, tradesmen and others who dtrive their living partly from us, and why Bhould not the care of the street come from their taxes? If these things are as thoy seem, viz , the poor m ui deprived of his rights and the Bunrems law of the state slighted, it is useless to look for the enlargement of the city, or to be pa triotic and proud of our American citi zenship. Your obedient servant, Frank Nichter. In Mfmoriam--Crorgo W. Miller. For The Trim ns. Whereas, For the first time since the in corporaiiou of 18(54, of the Cemetery asso ciation of Uunmore, a vacancy has been caused In its board of trustees, by the re moval of one of the numbers, from time to eteraity. We. the trustees now .remaining, bow In humble submission to our Heavenly Father, who with inscrutable wisdom has taken from us our colleague and friend, George W. Miller, for wnom we mourn; he was ever faithful iu attendance, effic ient in service and devotol to the best in terests of the association. We deplore the seemingly nnfortunate condition that permitted oi(y t wo of our number to be present at the funeral; but we tender sympathy to the widow of our departed friend in her great affliction. Personally, we regret the ;loss to the community with which Ueorte W. Miller was more closely identified, onriug a per iod of more than forty years, aud lilline many elective positions of t rust, but noue of worldly pront; as one truiy m or mm, "He was a Christian citizen," mil the good that he done on oarth will be oa)y known to tnose wuo snail meet, uirn iu iieaveu. We hereby request the secretary to en gross the foregoing upon the m'nutes of the board, to Bend a copy thereof to the widow of the deceased and f urnlsV copies for publication in two of the Stanton daily papers. John B. Smith, William K. Stone. E. C. Fuller, Henry Deyea, Ambrose Mullty. Judge Smith was too ill to appear in court Saturday, and Judge Gnnster handed down a batch of opinions for him. The opinions disposed of all the cases before Judge Smith, whose term of office expires to.luy. During the months that Judge Smith has been on the bunch, be has proved himself a very cipable judge, und has won much warm admiration from members of the bar by his unfailing courtesy in the trial of cas38. One of the opinions handed down was written by Judge Smith in the case of Patrick Etran against the city of Scran ton. Mr. Bgan sued the city to recover damages for land taken from him in the widening of West Lackawanna avenue. Ttie case was tried in October and a verdict of $25 was ruturued for the plaintiff. A new trial was at once applied for aud Judge Smith in his opinion grants it. He scorches tho jury for bringing in a verdict for $25. "It cannot be said that the verdict is based on the evidence," he declares. "The finding of the jury cannot be said to I ear any reasonable relation to tho evidence, If the plaintiff was entitled to any damages at all (and the weight of evidence, in the opinion of the court, showed that ho was) the amount al lowed by the jury is, under tho evi dence, clearly insufficient. Tho ver dict is evidoutly the result of an effort to compromise, but while it is the duty of jurors to reconcile their differences and arrive at a satisfactory result, yet t'no tiudiug. even of a compromise, must be predicated on the facts as disclosed by the testimony. THE VERDICT UNSUSTAINED. "There is not a scintilla of evidence upon which the verdict iu this case can be sustained. It is rather in disregard of the evidence ou both sides, not even sustainnble on any intelligent theory of averaging the number of witnesses or the amounts mentioned by them, nor upon the testimony of one or more of the witnesses assuming that one or more was disbalieved. A verdict based on such a palpable disregard of tho evi dence should not be allowdd to stand. Rule for new trial is made absolute." On the day following tho trial of the Egan case the suit of Michael Larkin against the city, arising also from the taking ..f land for the widening of West Lackawanna avenue, was tried and a verdict of $l,li)0 returned. Tne city applied for a new trial, but in an opinion Judge Smith refused to grant one. A non-snit was strickan off and a new trial allowed in the case of Mrs. Stella Clayton against Hill & Connell. A change of venue was' refused in the ejectment suit of Daac B. Feltz against the Delaware, Lackawanna & Western company and a new trial was allowed in the case of S. B. Mott against Henry Meyers, In the case of Jones against the Erie and Wyoming Valley Railroad company ;i new trial was also refused. The case has been tried twice in this connty and was before the supreme court once. The injunction in the case of M. P. K'dly against the city of Scranton was continued. EXCEPTIONS OVERRULED. In the matter of exceptions to the re port of viewers with regard to tho grading of Delaware street Judge Smith overruled the following' Second The beuofits assessed oxceod the damages. Third That tho report mingles in inex tricable cimfusiou two separate procejd iugs and is effective for neither. Fourth That no assessment for costs and expenses can be made till tho contract for the work is made. Fifth That tho viewers acted undT mis apprehension of the property owners' right to the natural grade. The Hist exception is: That the assess ments were not made according to beuofits but by feot front. The judge says the re port is not as clear as it should be, and re fers it back to the viewers for amendment in this respect. A new trial was granted iu thequir ter sessions case of the commonwealth against G'orgeC. Hightbld, charged with embezzlement. ACTORS LOOKING FOR MONEY. Professional! Who Worked at the Ed in Mines Did not Gtt Any Salary. The actors,' actresses and all other attaches of the Eden Muses which has been running on Lackawanna avenue since the opening of the fall season held an indignation meeting In the theater at a late hour Saturday night. Some two mouths ago Zimmerman & Snyder took hold of the museum and began to run u burlesque show. Since then the house has made a great deal of money. Saturday night when the last show was over and the employes called at tho office, they found that Manager Snyder w s not around and that he had not been seen since the box office closed. It was announced last night that the effects will be levied upon on the first thing this morning and that the profes sionals will run a commonwealth show this week. Important to Business Men. The Thibune will soon publish a tare fully compiled and classified list of he leading wholesale, banking, manufacrV ing and professional interests of Scranton and vicinity. The edition will be boud in book form, beautifully illustrated wilt photogravure views of our public bulla, tugs, business blocks, streets, etc. The circa lation is on a plan that cannot fail of good results to those concerned as well as the citv' atlarire. Representatives of Tin: Tribune will call upon those whose names re desired In this edition and explain its nature more fully. We trust our live business men will give it their hearty support. ThoBi) desiring views of their reside; -,m ' in thl edition will please leave not! at the office. - New Bicyole. A new bicycle worth $75 will be sold for 186.- The machine is guaranteed and is a rare bargain. Machine may be seen at the Qriuune ofihe BOUT ASSESSMENT WAS ILLEGAL. Important Deolilon Handed Down by the Supreme Court, In disposing of the appeal of Mrs. Alexander Chambers from the decision of the common pleas court of Alls gheny county, . Justice Green, of the supreme court, handed down an im portant opinion on Satur lay in which he construes the act of 1891 relating to paving, grading, etc., of streets. The act applies to this elty as well as Alle gheny. The case arose ont of the report of a jury of view appointed to assiss for tne cost of; grading, paving and curb ing of a street in Allegheny county. Under this report the common pleas court of Allegheny county decided that not only properties abutting upon the street improved but others in ad joining streets should be charged with the costs of the improvement when such properties in adjoining streets are benefited by the improvements. The supreme court, in tho most vigor ous language, reverses this decision, holding it to be dangerous to the com munity, and also dismisses the petition of the city and all proceedings there under and sets them aside at the cost of the city, which sought to have the damages assessed upon adjoining properties. "In this case," Justice Green says, "the autnority for such an assessment is claimed to be found in the law of May 10, 18111. It is not at all clear that the legislature ever intended to confer such a power by the act in question." Then follows an exhaustive review of the act of assembly mentioned. In the phraseology of this act, which re fers to the assessing of costs for uinnt cipal Improvements, are certain clauses which counsel contended must be assessed upon property in the neighborhood of the streets. Ia this connection Justice Green says that the inteipretation that properties on ad joining streets to the improvement must be assesssd "would be so ex tremely onerous and oppressive, and so destructive to property values, that we would not adopt such a construction by eansof a mere implication. Noting ut a clearly expressed legislative in ent to the effect contended for woulif duce us to declare such a construction this statute." Justioe Green con ns tnat the act does not express li an intention on the part of the slature. Court made an'.order Saturday divid ing the Second district of the Ninth ward into two election districts. The new or Third district, ns it will be known, consists of the territory south east of Jefferson avenuj, and extend ing to Clay avenue and miming north from Olive street to a diagonal line running along and crossing Poplar street. Tho polllug place is at election house on the property of the Owens es tate on the northwest side of Adams avenue between Olive and Pine streets, adjoining the proo erty of Jonathan Cotdoaux, Charles R Fuller was appointed judge and Robert M. Evans and Arlhur II. Christy in spectors of elections. The new Second district is composed of that part of the old Second district west of Jefferson avenue. Elections shall be held at the booth already on Adams avenue, be tween Olive and Pine streets. Msjor John P. Albro will be judge, and Fred W. Fleitz and 1 homes 11. Buddy in spectors of election. A meeting of tho Democratic con ferees of Lackawanna township 'was held Saturday at which the onuses were apportioned among the districts as fol lows: South district Une supervisor, one school director, justice or the peace, one auditor, township treasurer, town clerk. Southwest district Une mnorvisor, one school director, one constable. Northeast district One school director, one auditor. West sistrict One school direotor, one audi lor ana tax collector. The caucuses will be held on next Friday afternoon between the hours of 4 and 7. At a caucus hsld by the Democrats of the Twentieth ward Saturday night, lhouuis AlcOrail was nominated for select council and Daniel Bittle for common council. The citiz 'iisof the Twenty-first ward held a caucus on Satnrdav night at which the following nominations were made: School controller, W. S. Lang staff; alderman, Thomas Kenny ;'ju lge of election, John Ward; inspector of election, Michael Roup; register of voters, El ward Leouard. It is the third nomination that Mr. Langstaff has roceived for school controller of the ward. Joseph Speicher will oppose Captain William Kellow for the Republican nomination for select council in the Sixteenth ward. The caucus will be held Tuesday night. Josoph Dristley wants to get back into the city councils. He is a candi date for select council In the Four teenth ward. Lieutenant Governor Watres is al ready enlisted earnestly in the advance manoeuvres of the Grow boom; and today Representative Scranton and a number of Scrantonians will head an invasion of the stately Loobiel for the purpose of lending a band to the goo.l cause. Although the situation has not as yet become well dshuod, there is reason to expect that northeastern Pennsylvania will fare better at Wed nesday's convention than has been its wont of recent years. COUNCILMAN ROBERTS RESIGNS Spsclal Meeting- "of Common Council Called for the Purpoee. S. W. Roberts, county commissioner resigned bis position as common conn cilman from the Eighth ward on Sat urday evening. A special meeting was called for the purpose. Members Browning, Duhigg and Moir made complimentary ad drosses, and Mr. Roberts thanked coun cil for its many com testes. DIfalD. COLEMAN In Scranton, December 31, at 4 a. in,, Mrs. Catherine II. Coleman, aged 71 years and t) mouths. Funeral at 2 p. m. tomorrow from residence of A H. Coleman, fii! Jefferson avenue. In terinent private. iiiiiimiiieiiiiiiiiiiiiiiiiiiiiiiiiiinu C UT 'f HISS OUT Hi IriciAi, bale of halt switches at E. M. lei's parlor, 8UU Lackawanna avenue. "TRIP AROUNO IHE WORLD " Portfolio of Photographs COUPON. January 1, 1894 SOUTH SIDE Happenings of a Day That Will Interest Many Tribune Readers. HTGRAIL AND BATTLE CHOSEN The Ex-Councilman and the Present Common Councilman Winners in a Caucus Held Saturday Evening. Patrick Campbell Injured While at Work Remodelled Polish Church. Shorter Paragraphs. YOU but it Thomas McGrail and Daniel P. Bat tle wore nominated as candidates for select aud common uouncilmen. re- p-ctivelv, at a caucus held in the First listrict of the Twentieth ward on Sat urday. Mr. McGrail was opposed by John F. O'Connor, of Pittston avenue. Tho latter did not make much of a showing against the ex councilman, owing to the fact, perhaps, that his candidacy was not very generally known. For the office of common council D P. Battle defeated Rob Mc- 'rea and James P. Lavelle. the coun cilman being credited with ISO votes. There were nearly 300 votes polled. which is about one-third of the regu lar vote of the ward Ir j irad While at Work. Patrick Campbell, residing on Stone avenue, in the Twentieth, ward, was seriousiy iniured yestordav while In the discharge of his duties. H- is em ployed us a trimmer by the Electric Light and Heat compauy and the lights in the South works are in his territory. While trimming tho last lieht ne fell a distance of twelve feet, striking on bis left side. He was badly injured about the hip and knee, but, notwithstanding his tnjurieB.he refused the use of a con veyauce to take him him lest his family might be alarmed. The New Polish Church. The remodelled church of the Sacred Heart of Jesus and Mary is rapidly nearing completion. It will be ready for occupancy soma time this month, but the dedication services will not take place till Washington's birthday, Feb. 91 This ia the data deniild nn hv Father Aust, although if not suited to the convenience of Right Reverend Bishop O'Harait will be changed. Shorter Paragraphs. If you have any leisure moments this afternoon, drop down to the rooms of the Young Women's Christian As sociation on Cedar avenue and attend the New Years reception. It will be nformal, you are cordially invited, aud a delightful time is guaranteed. There will be refreshments and music by an orchestra as well as vocal selec tions. C. J. Scheuer, of Pottsville.is spsnl- mg JNew Year s with his family on Cedar avenue. Mrs. George Penman, of Pittsbnrg.is spending the holidays with her sister, Mrs. Warren Dunning, of Brook street. The Union Dancing class is tho name of an organization that meets every Friday evening at Columbia hall on South Wyoming avenue. John Mul- larkey is instructor. Williams' City Directory, 1894. Tho canvassers for patronage for the ahuve work are meotlng With more than the usual success, iu spite of tho opposition thereatened this old reliable work by out side parties who have had no experience iu this difficult branch of book-making, either as employes or publishers. Williams' Scrantou Directory for the past seven years has given good satisfaction. In 1SS0. ut tho request of the Scranton board of trade, Mr. Williams came to Sctantou to publish the city directory. At that time it was a book of less than 50U pages, now it hos uoarly 'JUU pages, and the 18D4 work will contain over U0U pages. Provious to his ailveut the directory was printed iu New York; ever since it has been done in this city, aud all the money expended iu publishing the work has been paid out here. Among tho new features to bo added this year are a new colored map of the city, and an improved system of Street Directory, giving the numbers at which each street crosses thus making it more easy to locate any house or street in the city. We hope the enterprising publisher, Mr. Williams, will be encouraged by tho business men of our city iu his effort to furnish us with a directory ahead of any in the commoinvealih. PROBABLY don'tknow it, is a fact. We have the largest line of medium priced DINNER, TEA AND TOILET SETS in the city. We sell no goods but what we guarantee. SILVERWARE, COT GLASS, BRIC-A-BRAC. NOTICE. Lehigh Valley Railroad Co., Notice to the Public uommencing Monday. January 1st, 1S91, passenger trains of tins company to and from New York, Jersey City and Newark will run via west Newark, u-mg the Pennsylvania railroad trucks between that point and Jcrsoy City. Passougers will thorefore on and after the above date take the Pennsylvania railroad from tho foot of Courtlaud aud Desbrosses streets, New York citv, instead of tho Liberty Street ferry of the Central Kailroad of New Jersey. Passengers from Newark will take the Lehigh Valley traius at the Market Street station of tho Pennsylvania railroad. Slight change in time. - Reminoton Typewriters and Edison PhonogruptiB for sale aud rent. Copying work executed. Phonographs rented tor an evening's entertainment. Telephone 21H3. Edw. Uuuster, Jr., 435 Spruce street. Beadleston & Woera'e and Ballantlne's Ales are the best. E. J. Walsh, agent, 81 Lackawanna avenne. Anheuesr Busch Beer. Louis Louman'e, 8v!o Spruce at. A Bicyole for $35. A youth's bicycle will be sold at 135, worth (75. Call at Tribune offlce. SPECIAL SALE. Solid Silver Chatelain Watches, $3.98. Worth $5. Ladies' 10-k Gold Filled Watches, $10.00. Ladies' Solid Gold Watches, $ia Worth $23. Rogers' Knives and Forks, $3.90 per doz. Worth $5. CHINA 1 HALL WEICHEL & MILLAR 116 Wyoming Avenue. Send or bring iu '2 Coupons of different dates, together witli 5 cents, aud receive this Album of rare Photographs. THE TRIBUNE, Cor. Penn Ave. and Spruco St. CUT THIS OUT. iiieiiiHiiiiiiiugiiiiiiiiiiiiBiiNiiiiiiiif SCHIMPFP, B17 LACKAWANNA AVK FOR A NEW YEARS GIFT You could make no better present than to buy a nnvp momrn wehav them fro $3.50 to $10.00. Martin 6c Xelan Coal Exchange Building. 132 Wyoming Ave. THEY FILL THE BILL. W'o havo the most complete assortment of Men's Kurnishln il. tit ..v.,r to the cyu ur to the taste. Some of our new shades and oealgni iu Ties are especially at tractive. They are solltinf at flituios which give you no exeuso for boiuif without all sorts of -..:) und stylus, Christian, 205 Lackawanna THE HATTER Avenu3. MARK DOWN Men's Holiday Slippers, All those who are seeking useful and serviceable HOLIDAY PRES ENTS Bhould avail themselves im mediately of the bargains now on sale in MEN'S HOLIDAY SLIPPERS Men's Faust Slipper S8.O0; formerly $1.50 Men's Alligator Slipper. 8. formerly .1.00 Men's Russia Calf Men's Russet Oout 11 Men's Kangaroo " Hen's Velvet Op'ra " Men's 1.50; formerly 1.50; formorly 1.50; formerly l.OU; formerly ,50; formorly "LOO 2.00 140 1.00 Also, a variety of Fancy and Colored Slippers, in all shapes and styles, at figures far below market prices. SCHANK'S Arcade Shoe Store. WYOMING AVli ir YOU WANT A Photograph taken of your Wife or Children, Horses, bojfs, lioUBe, SWEKTHEAHT Or Yourself, you cannot do better than CALL AND SUE SI-KCIMUN.H At Vau Qorder's Uallory, 33) Spruce etreet. Special attention given to developing and flnishh.g- tor amateurs, Look at This for a New Year's Bargain. It Will Interest You. At These Prices You Cannot Help Buying Electric Seal Capes, 18 inelies, 4.4!); formerly $10. Astrakhan Capes, lb inches,$iJ.4!) formerly i:s. Mink Gapes, 18 inerly $15. Grimmer Capes, formerly $v.i. inches, $12; for 18 inches, $0.4(1; TIE I S II HE Is the most popular musical establishment in Northeastern Penn sylvania. The highest grade of Pianos and OrgansJ The lowest prices obtainable anywhere and the most liberal terms ever offered to purchasers are some of the leading inducements. Look at the list. THE CELEBRATED Sohmer Pianos, Everett Pianos, Vose & Sons' Pianos, Mehlin Pianos, Popular Pease Pianos. THE WORLD RENOWNED Estey Organs, Story & Clark Organs, Chicago Cottage Organs, Palace Organs, And all kinds of Musical Mcrchandlsi constantly ou hand. The Holidays are here, and this is the place to buy Pianos for a Christmas 1 resent. Trices are lower than imv other music Rtnra in Wcntilnn CtnAirit Attention Remember always when you start out to search for a Piano or Or aci gan that Christopher Columbus points with his ribt hand to the exact pi you want to go. Nowhere It Is: 205 WASHINGTON AVENUE opposite """uuiuiuii ATmiurj, COLUMBUS MONUMENT, J. W. Guernsey, Prop. SCRANTON, PA. Russian Mink Military Capes, ! inches, $5.98; formerly $12. Electric Seal Military Capes, ! inches, $!i.4j; formerly $18. Forty dozen Assorted Muffs at $1.45); formerly 8. 1 if teen dozen Assorted Children's Sets at BSe.'j formerly $2.50. A fine lot of Sleigh Kobes, plush lined, at $.1 each. Plush and Cloth Coats sold at your own price. Millinery almost given away. HIGHEST PRICES PUD 103 H FURS. JF. 138 Wyoming Ave. SMOKING JACKETS AIO HOUSE COATS Large Collins 6c Hackett 220 LACKAWANNA AVE, CHRISTMAS TREES, HOLLY WREATHS, BOXWOOD WREATHS, ROPING MISTLETOE, etc. Prices very reasonable Space wi 1 not porinit us to uiontion the roo4 tilings for a Christmas din ner. Stock is complete. Anything to be found in a first-class market. W. H. PIERCE, PENN AVE. Dr. Hill & Son ALBANY DENTISTS Pot tooth, U0 best sot, H; for MM caps and teeth without plates, called crown r.nd bridk'o work, call for prices and reforonO M. TONAUI1A, for extracting teotli without pain. No utuur. Xo gas. OTBB FIRST national hank. Scientific Eye Testing Free By Dr. Shimberg, Tho Specialist on tho Eye. llcadaohes and Nervousness rellovad. Latest ami Improved Stylo of Eye Glasses aud Hpoetaeloa at tho Lowest Prices. Best Artificial Eyas Inserted for $3. SOS SPRUCE ST., op. Poat Office. G.W. Owens & Co. Ladies' Tailors and Furriers, rny tfFRUOB ST.. COl : WT HOUSli SOUAHE) WOMEN BUY CHRIST MAS GIFTS, A For Cape Is a useful present that don't cost a large sura of money, $7.50,$9, $ 12 to $20. Jackets and Wrap: Your mother or sister would accept a gift of a Warm Cloak or Cape. We sell the kind that fits and wear well; the price will please you. $5.00 to $20,00. Neck Scarfs and Small Furs When you are shopping vist us. For $io, La dies' Watet iToof Mack intosh. This is the best double Texture Gar ment Grey, Navy, Tan and Black. See This Line. THE BEST? buy THE TRIBUNE
Significant historical Pennsylvania newspapers