The Scranton tribune. (Scranton, Pa.) 1891-1910, January 01, 1894, Page 3, Image 3

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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
Popular, reliable and within your reach
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
IS4 WyomlnQ Ave., Scranton, P.
Punch Cigars
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.
Jury Compromises, Judge Smith Thinks, Are
Not Always Beneficial.
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.
"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
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.
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
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.
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
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
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
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
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
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.
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.
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.
IriciAi, bale of halt switches at E. M.
lei's parlor, 8UU Lackawanna avenue.
Portfolio of Photographs
January 1, 1894
Happenings of a Day That Will Interest Many
Tribune Readers.
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.
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
C. J. Scheuer, of spsnl-
mg JNew Year s with his family on
Cedar avenue.
Mrs. George Penman, of
spending the holidays with her sister,
Mrs. Warren Dunning, of Brook
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.
don'tknow it,
is a fact. We
have the largest line
of medium priced
in the city. We sell
no goods but what
we guarantee.
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
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.
Solid Silver Chatelain Watches,
$3.98. Worth $5.
Ladies' 10-k Gold Filled Watches,
Ladies' Solid Gold Watches,
$ia Worth $23.
Rogers' Knives and Forks,
$3.90 per doz. Worth $5.
116 Wyoming Avenue.
Send or bring iu '2 Coupons
of different dates, together
witli 5 cents, aud receive this
Album of rare Photographs.
Cor. Penn Ave. and Spruco St.
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.
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,
205 Lackawanna
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 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 "
1.50; formerly
1.50; formorly
1.50; formerly
l.OU; formerly
,50; formorly
Also, a variety of Fancy and
Colored Slippers, in all shapes and
styles, at figures far below market
Arcade Shoe Store.
Photograph taken of your Wife or Children,
Horses, bojfs, lioUBe,
Or Yourself, you cannot do better than
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
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;
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.
Sohmer Pianos,
Everett Pianos,
Vose & Sons' Pianos,
Mehlin Pianos,
Popular Pease Pianos.
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
gan that Christopher Columbus points with his ribt hand to the exact pi
you want to go. Nowhere It Is:
"""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.
138 Wyoming Ave.
Collins 6c Hackett
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.
Dr. Hill & Son
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..
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.