The Scranton tribune. (Scranton, Pa.) 1891-1910, September 12, 1896, Page 3, Image 3
r 1 THE SCBANTOX TRIBUNE-RATU11DAT MORNING, SEPTEMBER 12, 1896. X 4 ' SCHOOL BOOKS AND SCHOOL STATIONERY All Sorts, For All the Select Schools and Academies In Scranton and Vicinity, At Wholesale Prices, AT NORTON'S, 3J3 Lackawanna Ave. HARD TO GET Good Oats on this crop. We have as good as any body. BUT We still have OLD GLEAN OATS Higher in price but really cheaper. I SCRANTON, OLYPHANT, CARBONDALE. 611 OF COUNTERFEITS. THE GENUINE Hare the initials a., B. CO. imprint ed In web cigar. CARNEY, BROWN & CO., MANUFACTURERS, COURT HOUSE SQ. DR. C. D. SHUMWAY. Diseases of the Lower Bowel a Specialty. .108 Washington Ave.. Opp. Tribune Building. OFFICE HOURS 9 TO 12, 2 TO 5. A PROFITABLE ROAD. t'iiinnrinl Conditio!! of the Sornnton and I'iltKton Traction C'ompniiy. Tilt Philadelphia Storkhold.T e:n luins the following: "V are Indebted to Mi-mux. A. N. Chandler Co.. In vestment brokers, The Hours?, for a statement of the operations ot thu Scranton 4 ritteton Trai'll m company for the first two months of thi current lineal year, to wit: Items. July. AupiiAt. OroMH eurniiiKH Ji'..73ii.lO Ki'U.TO Operating expenses: 3,413.5:! XsaMfi NVt piirninKS a,31ti.."hS Inn-rest on tlrst nut;, 'is. ),4SLMo 3.Ji7.r,2 1.42. mi Surplus earnings II.KU.Sli ?1,7.'7.:.2 'It will be noted that the ratio of operating cost to pross earnings Is less thun fil per rent. very low. This, aside from Rood management, is owing to the territory traversed an well as to l he substantial condition of the prop erty from a physical standpoint. There are now about 12 miles of track; gauge. 4 ft. 8 In. 55 lb. T rail, with equipment of the best. "The funded debt is as follows: First mortgage 6 peTVcent. bonds (authorized) tiiu.OOO; dated October 1. 18S3, due 1923: Interest payable (free of tax) April and October: of these bonds $226,500 are Ktiaranteed. principal and Interest, by the Scranton Traction company, which operates the Scranton and Plttston under contract. The unissued treasury bonds may be Issued for extensions at a rate not exceeding $25,000 per mile, the mortgage deed also providing for a sinking fund to which $5,000 per annum Bhull be passed after October 1, 1S96." School of the Lite kuwannn. Hooks and supplies. Wholesale and Introductory prices. Heldleman, the bookman, 437 Spruce street. SHAPELY $3.00 THE PAIR. In all the best styles for fall wear. 11 HE WESTON MILL CO POPULAR PUNCH CIGARS mm SHOES SChl 410 Spruce St QUICK WORK OF THE TRACTION COMPANY Encased In Laying a Single Track on W pington Avenue. AN INJUNCTION IS ASKED FOR C. 1). Jones the Petitioucr--IIe Is the Owner of Property iu Front ol Which the Truck Is Being Laid. Court Will llcnr Argument on the Subject Monday .MorningArgU' inent He lore Judge Archbald. The Traction company yesterday seized upon Washington avenue and begun the laying of a single track In the center or the roadway, to extend fiom Spruce to Cibson street No previous announcement had been made of the company's Intention anil when the business men and residents of the block bounding the west side of the court house found u gang of lii'ty nu n cm ting up the usphnlt us the sun was rising, there was great surprise and no little Indignation. This latter emotion resulted later In the day in a prayer for a preliminary Injunction. Thursday afternoon P. W. Gallagher, special agent of the company, applied at the street commissioner's ofllce for a number of permits, the one for the lay ing of a track on Washington avenue between Spruce and Glhson streets be ing among them. Street Commissioner Kinsley being out of town on n two weeks' vacation which cuds today, his clerk, H. C. Mat ton. hesitated ubout exercising his chief's authority in such an important mult")', preferring that the reiiuesls should be delayed until Mr. Kinsley's return. Hut undaunted by this .Mr. Gallagher went to Mayor Kailcy and made an apeul for the l"ir- inlts. The mayor siuumueu me maim to t'lty Solicitor Torrey and upon the latter's (statement that as far as he knew the Traction company held the light of way on the streets In question, the mayor advised Clerk Hatton to make out the permits. The mayor af terwards approved of them. At the tlrst break of day a gang of fifty men were at work on the court house block. They started in at Linden street and worked towards Spruce. Ile fore t! o'clock in the evening when work for the day was knocked off rails had been laid on half the block and the ex cavation for ties vvus completed al most the whole distance. WHAT SILLIMAN SAYS. General Manager Frank Silliman says that the track will be laid all the way to Gibson street without any cessation and that the road will be operated as soon as the work is completed. The fear of the Citizen's company securing the tight or way, ho contends, has nothing to do with the present operations. The service on the Suburhnn lines to Ilunmoro and Green Uldge is not satisfactory, because of the delays at the turnouts on Adams avenue. When the line Is completed out Washington avenue It is proposal to run ull the Suburban cars out Adams avenue and back by the new route. The Nay Aug and Petersburg cars will also reach Spruce street by way of Wash ington avenue, which wil be topped at Linden street. Mr. Silliman eaid he knew there was objection to having Washington ave nue occupied by street cars, but since the business .character of the street Is now beyond dispute the objections brought forth when It was a residence street, do not hold good. The court house, government building and post otlice, the newspaper offices, the board nf trade building, the city hail, library, high school, Krie and Wyoming Valley depot and the numerous business places now or closely adjacent to the avenue make a car service on thut thoroughfare a public necessity. Mr Silliman further added that the road would be completed with all possible haste and that only a short stretch of roadway .would be disturbed at a time. THE RIGHT OF WAY. The Traction company's occupation of Washington avenue is by virtue ot the Valley Passenger Hallway com pany's franchises, which they now possess. The Citizens Kallway com pany was granted charter rights for Washington avenue and Is now seek ing to secure a franchise for the same, claiming that the Valley Passenger franchise expired January Mi, 1S!5, be cause the privileges granted were not taken advantage of within the two years prescribed. The Traction people say the Valley franchises were revived by a supplementary ordinance ap proved on the day they would have expired. This question Is now under consideration in the executive depart ment In Ilarrisburg, a quo warranto having recently been granted upon pe tition of the People's Street Kallway company to compel the Citizens com pany to show cause why their char ter rights should not be revoked, the contention of the Peoples' company being that the Citizens' company has secured charter rights for streets now controlled by the People's company. The famed Valley Passenger railway ordinance was sprung upon councils in the fall of 1RH2 by a company composed of W. F. Hallstead. Martin Maloney, August Koblnson, John J. Faliey, Jo seph O'Hrien anil a few others. It oc casioned a big fight and nroused no small amount of public discussion. The citizens protested In communications to the papers and In personal interviews with the councilmen against the grant ing of the sweeping lights asked for, unless the city should receive something In teturn. A party of capitalists head ed by John W. Aitken, of Carbondale. which party, later developments led many to believe was the People's Street Hallway company In disguise, offered tio.uon for the franchise which the Val ley people were about to get for noth ing, councils about this time having given unmistakable evidence of its In tention to pass the ordinance. WAS GRRAT OPPOSITION'. At first there was a great deal of op position In councils to the passage of the ordinance, but this opposition rap Idly melted away and on the 2d of Jan uary, 1893. the ordinance duly concurred In by both branches of councils went before Mayor John H. Fellows for las approval. Mayor Fellows was not dis posed to give such valuable rights for nothing, he said, and allowed the Ait ken people until 1 o'clock p. m., Janu ary 18. to give a bond that they meant what they said when they offered $10, 000 for the franchise. The mayor wait ed until that hour and as the good-faith bond of the Aitken people was not forth coming he signed the ordinance, Iu at taching his signature, Mayor Fellows made the following memorandum: Now, 1 o'clock. January Ifilh. 1893. John W. Aitken, ft. si., failing to give bonds to mnko their offer good, and on advice of my private counsel, I approve of the above ordinance, so that it may not become a law by default, , The day on which Mayor Fellows signed it was the last one of the fifteen allowed hltn to approve or veto a meas ure. The Aitken people not having shewn the required evidence of good faith, there was no call for his vetoing the ordinance. The ordinance had no sooner become operative than the franchise it contain ed was In the hands of the People's Street Railway company. The two years' time granted the com pany to take advantage oi the privi leges of the franchise was drawing to an end and no move had been made to lay any tracks. Some thought that the company would let the franchise go by default, having killed off the opposition by buying up their rights. But this conjecture was anything but a close one. On January 16, 1895, the franchise would become null and void, for the reason noted above. On December , 1S94, an ordinance was Introduced ask ing for a few additional streets and con taining a clause of which the following Is a copy: Section 6. Whenever said Valley Passsen. ger Hallway company shall not have com pleted the construction of the lines men tinned above, or the lines mentioned In the ordinance, upproved the lisih of Jan i.urv, 1S93, to which this Is a supplement, within two years from the approval of this ordinance, the franchises granted on the portions of any streets, where such tracks have not been completed, shall be for feited to the city. The clause "of the lines mentioned In the ordlnace approved the lfith day of January, 1893, to which this Is a sup plement," Is what the fight between the Traction company and the new Citizens' Street Railway company will come to blows over. The Traction peo ple claim that this clause reviewed the original Valley Tassenger ordin ance and gave It a two years' addi tional lease of life. The Citizens' com pany say that it did nothing of the kind anil that at all events it is illegal to rev Ive ni ordinance with a supple mentary ordinance. SOMES QI'ICK WORK. As an evidence of the importance the Traction company attached to the supplementary ordinance und as an indication of the exceptional ability of its lobbyists It might be noticed that the reviving ordinance was introduced in common council December 13, 1894; passed first and second readings Jan uary 2, 1895; passed third reading Jan uary 3: went over to select council on the same night and was referred to com mittee; passed lirst and second readings in select council, January 8 , passed third reading In select council Jnunury 15 and was approved by Mayor Con nell, the next day, January IB. 1S95, just two years to the date from the time when the franchise commenced to run. Another day's delay anil they would have been null and void. In this revived ordinance, the life of which depend on the debatable clause, has continued the franchise for Washington avenue. "Thence on Ash street to Washington avenue, thence on Washington avenue to Cherry street," Is the. way the line reads. There was a hot fight at the time against In cluding Washington avenue In the grant, but like all the rest of the op position it was duly overcome. The injunction proceedings were brought by C. D. Jones. In his affidavit and bill of equity Mr. Jones sets forth that he is the owner of property abutting on Washington ave nue, between Spruce and Linden streets, said lot being 40 feet front and extending back to an alley running be tween Washington and Wyoming ave nues; thnt Washington avenue has been paved with sheet asphalt at the expense ot the property owners. ACQUIRED NO RIGHT. That the Valley Passenger Railway company by its articles of Incorpora tion aii ml charter acquired no right to build or operate a street railway on Washington avenue between Spruce street and Linden. That by ordinance of the city of Scrarton duly approved on January IB, 1S93, the Valley Pas senger company was authorized to build a street railway over certain streets, which included Washington avenue from Ash street to Cherry street, and includes the block between Spruce and Linden, but that said per mission was invalid In that at the time of passing said ordinance the Valley Passenger company had not franchise to build or construct the same if such was given by the ordinance without the franchise, has been wholly lost by ren son of the nnnbulliling of the same within two years of the date of the passage of said ordinance. The time fur building the said street railway on said street, has never been extended by the illy. .Mr. .limes avers further that the Val ley Passenger company never obtained consent to build the line of railway In their articles of association and have never built u continuous line of rail way, but have built only disjoined and disconnected parts thereof, impossible to be opera toil under their charters. That the Scranton Traction company, the other defendant. Is a corporation Incorporated on October 20, 1892. for the purpose of the. construction anil opera tion of motors and cables and other machinery for supplying motive power for passenger railways and the neces sary apparatus fur supplying the same; and that on May 4. 1893, the Valley Passenger company leased all Its rail ways to the Scranton Traction com pany for the term and period of 99 years; the said lessor agreeing with the lessee to construct thirleen and one-bulf miles of its railway ut once, and a remaining portion when the les see should request, the. thirteen and one-half miles of railway to be Inimeil lately constructed Including that por tion on Washington avenue from Lack awanna avenue to Ash street, and In cluding the block on Washington ave nue between Spruce and Linden. That the defendants are now engaged St.Thomas College SCRANTON. CLASSICAL 1K0 C0!?IIOCiL SCHOOLS THE CLASSICAL SCHOOL nfTords a lull rlamtrul ronraa for pupils d.Ntir-ed for the pruO'Mioim. suit iri-uuii's L,tin, (trees. I nuli-h. Mnthi'inntira, Sciences, oleutal Pli-liw.p!'v nnrt BthW THE COMMERCIAL SCHOOL affords a fnll htiKineix conrsw fur boys preparing for rommercl d life, 'i ll- brunches taught in. clndn Entrliah. Modern LaDKUatfes, Arilli. itietic, Kfinkkcetiiinr, Shorthand, Type writing. Drawing, soienni?. . For Particulars Apity to REY. D. J. MacGOLDKICK, Pres. or Brother Ange'ua, Director of Studies, the sen of i mm SCRANTON, PA., . Opens Its !3d year. Soptemter J4tn, nndor eight experienced tenrhers. Fits for any College or Technical School. English, BnaU nem and Classical Departments. Bend for Catalogue to REV, THOS, M. CANNr LL. D., Or WALTER H. BUELU A. M, In constructing .and laying down a street railway on Washington avenue and in front of the plaintiff's property, and have dug up and removed the pave ment and foundation thereunder and are about to lay down rails, ties and other obstructions to trul, and in the opinion of the plaintiff, and he is ad vised as a matter of law, the defend ants are doing the work without any authority, and that the construction of the said street railway will be an ob struction to the means of access to the property of the plaintiff. Mr. Jones says also in his affidavit and bill that he believes the defend ants have no intention of building any other road on Washington avenue, ex cept between Linden and Spruce street and that It cannot be operated or used In connection with any other part of the line of the Valley Passenger com pany, and therefore prays the court for an Injunction. The argument for an injunction was made before Judge Archibald In cham bers at 3.30. Hon. John P. Kelley and J. Alton Davis, esq., represented the plaintiff, and fur the . defendant ap peared Major Everett Warren, ex-Judge W, H. Jessup, Horace E. Hand, esq.. and I. H. Hums. General Manager Frank Silliman, Jr., of the Traction company, was present also. After Judge Archbuld examined the papers, Mr. Kelley presented the plain tiff's case, reviewing briefly the allega tions contained In the bill, and then he moved for a preliminary Injunction. He was followed by Judge Jessup, who said that the charter of the defendants au thorizes the tracks to be laid, a city ordinance also authorizes the work to be done, and a permit has been obtain ed from the municipal authorities. He said, therefore, according to the law and the ordinance the plaintiff has no standing. A private citizen, he said, has no reason t complain of a public nuisance, if the building of the street railway is such, unless he can show special damages. COPY OF THE CHARTER. Judge Archbald said It was not a question of public nuisance, and did not care to hear argument on that point. The plaintiff alleged In his bill of complaint that the defendants had no right on the portion of the street now occupied. Mr. Kelley went down stairs to the recorder of deeds' office and brought up the docket in which was entered the articles of association and the charter of the Valley Passenger company. The docket showed that the Valley Passenger company by its charter has the light to occupy Washington avenue between Olive street and Fig street. That disposed of one branch of the plaintiff's case, and then the defend ants' right to lay the tracks was at tacked on the ground that the ordi- nonce granting the franchise has ex pired. In answer to thnt. Major War ren produced a permit signed by the street commissioner giving the com pany leave to tear up the street and lay the tracks. Major Warren, Mr. Hand, and Mr. Ruins argued to the court that the per mit was sufficient to show that the municipal authorities, or rather the city of Scranton, sanctioned the work, which would not be the case If the ordinance hnd expired. Mr. Hand explained thnt tlie ordinance granting the franchise to the Valley Passenger company passed council and was approved by the mayor on Jan. 16, 1893. The company was chartered on Oct. 2.", 1892. The com pany was bound to lay Its tracks with in two years, but on Jan. 16, 1895, coun cil passed another ordinance which w as signed by Hon. W. L. Connell, then mayor, extending the time two years, which gives the defendants until Jan. 16, 1897, to lay their tracks. Judge Archbald said that he did not think tho plaintiff was entitled to a preliminary injunction, but he granted a rule to show cause why one should not Issue and designated Monday morn ing next at 10 o'clock before him In the arbitration room of the court house as the time and place for the hearing. THE OTHER PERMITS. The other permits secured by the Traction company Thursday are as follows: Under the People's Street railway franchise they propose to occu py a portion of Wyoming avenue be tween Linden and Mulberry streets with a single track, or In other words remove the double tracks and lay a single track in the center of the street. Ity virtue of the Suburban Street rail wny franchise they intend to relay the track between Jefferson anil Present t avenues on Mulberry street, and to place turnouts between Jefferson and Madison, Clay and Webster, and Irving and Prescott. And with the Valley franchise they propose to lay a single trai k on Hem lock street from Prospect avenue con necting with Pillston avenue and then on Pittston avenue from Hemlock street to Front street and then on Front street to the track on Roaring Krnok bridge, with a turnout between Hem lock and Front streets You will LVIuslin?. Table Linen, Sheetings. Napkins, Ginghams, Towels, Piints, Crash, In Perfect Condition. EARS A HANDSOME SOUVENIR, Will Be Issued by Press Committee oft'. E. State CoavrntioN. The press committee of the Christ ian Endeavor State convention to be held In this city October 6, 7 and 8, are arranging a handsome souvenir pro gramme for that occasion. It will con tain a history of the city with a de scription of its Industries, etc., cuts of the various and prominent churches, public buildings and prominent men. It will also contain the complete pro gramme of the convention. It la to be printed on heavy plate paper and decorated with a handsome embossed cover. A limited amount of space mill be devoted to the announcements of busi ness and professional men. Make the Most of Yonrself. It Is the duty of every man to make the most of himself. Whatever his capacities nay be, he is sure to Hnd some place where the tun be useful to himself nnd to others. Hut he cannot reach his highest usefulness without good health ami he cannot have good health without pure blood. Te olood circulates to excry organ and tissue and when it Is pur;, rich and healthy It curries health to the entire sys tem, but if It Is Impure It scatters disease avherevrr It flows. Hood's Sursuparill.v is thu one true, blood puriller, dyspepsia and rheiunal'sm because these diseases have their origin In the blood. To Cure n Cold in (Ine Day. Take laxative P.romo Quinine Tablets. All druggists refund the money if it falls to cure. 25 cents. Rexford's. Alarm Clocks Tho Ansonla alarm Is as good as the best. A sure waker. We've much to answer for in proilt spoiling on alarm clocks. Here's one of the days when prullt Is out of the question. We've Just, opened a hundred new alarm clocks ami to shirt them going llv-iy we will sell them for two days only fir Wc, fully warranted. Work Baskets A limited lot of Japanese work bas kets thut are yours for from 5c. to 15 '. tucii. None worth less than a quarter. Jardinieres Every jardlnier in the elore at cost to close out. We've no room for them so we're going to stop handling them. Umbrellas A lot of fine umbrellas thnt repre sent ull that's left of our once tine line of these desirable goods. We.'ve decid ed to sell every one on hand before re plenishing the stock if we ever put in another lot, which Is doubtful. So today we're, going to try to sell every one of them, there's not many and they may not last nil day. There's no low-priced umbrellas In the lot, only line ones, all the cheap ones closed out long ago. Here's the inducement for today: A sleul rod umbrella, tight roller, natural wood handles, decorated with slerllng silver, they sold for $2.75, but today shall see them sell at $1.I9. Your choice for JI.W. Spectacles And Eye Glasses Perhaps you didn't know we had a first-class optician. We have and we are tltting glasse at prices thut don't muke you fuel thut ull opticians are robbers. Our prices are about one- third or what the oculists churge you und for the examination we make no churge at all. Every pair guaranteed to fit or money refunded. This is un offer thnt is made by no other optical house hi the lily. And it means just what It says. You run no risk In let ting us try to lit you. Come here first and If we don't succeed we give you your money back nnd you cun go to fin oculist If you think you'll get a bet ter lit. 7 Rexford's. 30 Lack's, Ave. THIELE School of Music, 520 Spruce St. Mrs. Katharine Thiele, Voice Training, Solo Singing. Ernest Thiele, Violin, Piano, 'Cello ensemble. Doth teachers at celebrated Schurwenka Conservator)', Xew York. Alsn other competent teachers engaged. Mr. Thiele is the successor to the late HERR KOPFF. you worn be disappointed We have a store full of New Clean Goods and offer them at such remarkably low prices that it does not pay you to buy damaged goods. If you visit our stores for not be disappointed in the quality or price. Hosiery, Ribbons, Underwear, Stamped Linens, Corsets, Neckwear, Gloves, Notions, That Give Pleasure to the Buyer. COME AND SEE. Mm, II ft li Never before were you able to buy such dainty gifts for so little money. Our store is teeming with new goods of our own importation. Flowsr Vases, Jar J Umbrella Stands, Lamps, What Beautiful Effects You Can Oct in Lamps. Ooyx Top Tables, Siivarware, Cut Glass. Vc arc agents for LIBBETS, which speaks volumes, ROCK WOOD and other Famous (.oodls. Don't lose sight of our open stock DINNER PATTERNS. V got two new ones in last week. CHINA HALL, MILLAR & PECK, 134 Wyoming Ave. "Walk in and look around." We Have On Hand THE BEST STOCK IN THE CITY Also the Newe.it AUo the Cheapest. AIM the Largest. fil Percelala, Onyx, Rto SUver Novelties la Infinite Variety Latest Importation. Jewelry, Watches, Diamonds. fl. E. ROGERS, Jeweler and Watchmaker, 215 Lackawanna Iri Welsbach t LIGHT 5? V makes an Inonnilescent electric JJL light cast a shadow. Will really 5 give more light than three of them together, and do It with A tf half the gus you now consume. Vk Q THE GAS APPLIANCE CO., 9 120 N. Washington Ave AYLESWORTH'S MEAT MARKET The Finest In Ihc City. 1 The latest improved furnish' tugs and apparatus for keepiug meat, butter and ejjr;s. 223 Wyoming Avenue. THE KEELEY CURE Why let your borne and business be destroy, ed through strong drink or morphine when ou can be cared in four weeks at the Soeley Institute, 728 Madison avenue HcraatoavPa.. Ine Cur WW Bear lavestlgatkm. Siiks, Dress Goods, Linings and Trimmings, Perfectly Stylish. A1S and Lackawanna Ave. Scranton, Pa. n FOR BOYS. All Sizes, All Styles, Afl Prices Bring us your boy and let us fit him out iu one of our nice, strong, durable and stylish suits. Look Them Over, However, critically. Try them on, whatever your size or shape. Put thctn to any test, however exacting, and you will conclude, as hundreds of others have, that wc handle the popu lar clothing of the city and every body buys at the same price. 416 LACKAWANNA AVENUE. MIDSUMMER Sterling Silver Shirt Waist Sets, worth (JSc to $1; choice for 50c Worth $1.25 to $1.75; choice for 1.H. Sterling Silver Belt Buckles, worth 3.SO, at $2.50. Worth $2.50, at $1.75. Closing Out all our Fin China at about llulf Price. Genuine Rogers' Triple Piute Spoons, Forks and Knives at reduced prices. Ln graved free. Tea Sets, lee Pitchers, Cake llaskets, etc., finest plate, new styles, very low prices. At our New Store, 130 WYOMING AVENUE. li I CLOSING W MERCEREAU fi CONNELL