THE SCRANTON TRIBUNE-IT RID AY MORNING-, OCTOBER 21), 1897.
8
DECISION IN AN
IMPORTANT CASE
Opinion of Justice Williams In the
Famous Hughes Squatter Case.
AS TO UPPER AND LOWER ESTATES
Opinion Decides n Now Question of
liiiw Tlint Is or Vast Importniico to
Th I n UcKlon--iiuntter Title to the
Siirtnco Docs Not Nucossnrlly Carry
Willi It Tltlo to tho Jllnernl V.s-tntc--ltlRlits
ol a Conl Com puny
Discussed nt Homo Length.
The full text of tho opinion of Jus
tice Willlnnw in tho rase of the Dcla
rvme nnil Hudson company nKnlnst
David Hughes und others, handed
down during this week's sesion of tho
Suptenio court In l'lttsburi,', i Blvun
below
In It Is decided a ery Important
question, n regards this reRlnn. The
Delawaio and Hudson company pur
chased tho surface and coal of a 200
acre plot known as the Poiter tinct,
vvny hack In 1S2.". It began the opera
tions of mining a few jnus later and
has continued It eer since. One of
their employes, Alexander McDonald,
cqtmtted on fd notes of tiact and
holding It as lenulreil l. law for over
twcnty-uno jcnis, hecured possession.
Ills six ncres fell Into the hands of tho
defendants, IJuvlil Hughes nnd others,
and they pioceuled to lay claim to the
conl undeil lag it.
Judge Ounstei, on tho trial or tho
cno, here, decided In faor of the
claimant-), holding that they had ac
fiulred title to tlie nilneinl estate nt
the panic time and In the same manner
as tlif y acquired the suiface title.
Justice Williams decides differently,
sajing that It was not necessaiy that
the company should have actually con
ducted mining operations on or under
the fcqu.utcr's claim In order to give
notice of their possession of It.
IT CONSTITUTED NOTICE.
The fact that they were operating
the tiact and that the plot In question
vas aecestlble fiom their wm kings
was notice that they weie holding it
nnd nil othei coal which could be
le.uhed fiom their workings on the
tiact.
Tin company was lepiesented by
ex-Judge Jesnup nnd James II. Tor
ley The claimant.1 weie repiesented
here by J. Alton Dals, Ward & Horn
and T P. Duffy nnd before the Su
preme couit by Strauss & Lanahan, of
Wllkes-Unrte. Appended Is tho opin
ion In full:
This cao presents a question of consul
cr.ihii impoitnncu to the owners ot min
eral binds, which :res not eom to hao
been decided by the courts or to h.ie been
ili.st u-itil by text writers so fur as wo
have bitn able to tllcoui It will be
rca hly undeistcod from a biief statement
of tlu facts out or which It arises. The
plaintiff conip..ii is inirigcel In mining
end Hilling utitlnuclte coil. As i irly as
IS.'j It was the owner of a considerable
boil of continue us linos which had been
pimehn-cd bj It because of the coal un
der! iui; It. A tract known as the "Pol
ler Uuict," containing two hundicd acres,
wafa part or this body of coal. The coal
upon It was op'-ned by the comii.in at
some time between !S3i and 1SJ5 ami min
ing ope unions begun under It Prom th it
time to the piescnt the company has been
In tho possession of Its mineral deposit
under the surface of the Porter tiact
bj itetual mining nnd by the- Use ot tho
openings nnd gangw'as tor purposes con
nectcd with th" icmnvnl of coal from ad
poining lands belonging to it.
Di:ri:xiANTs titlt:.
The dcfinda'it del Ives his title from one
AUjiiJii .McDoioId who w is an unpin u
of tlK plilii'Iir and who cr.teied upon the
burfuce of the Poller trait in 1830 or 1S37
.i'il liinn a loMilmoe upon It, and tho
cultivation of a small ponlon of it. It
m s nut teim to uumll of seiinus doubt
that fiom liu and pi i haps somewhat
ciillu, down for a pulod of moio thn.n
twentj-one euis the possession of Mc
Donald and lis cndccs of the land Jn
mntrovetby has been open, notorious,
hostile, and exclusive. As to the surfa-o
therefore tho defendant has iieqiuiel a
title under the statute of limitations. Tho
question lalsed bj this lecoid is whether
he has also, under the circumstances Just
stated, acquired a titlt to tie under) lug
loal? Tho general pilrciplts regulating
the titles to upper nnd lower estates In
the earth's crust are pretty well sdtlc-d
by oui own eases. The ownership of the
surface carries with it, if thcio be no
obstaelo to tho application of tlie general
rule, tltlo downwards to the center of
the earth and upwards indcflnltel. So
long as mineral deposits remain in place
they are part of tho fieehold and pass
with It by deed, girt or other foim of eon
cancc. but when the nihieials ate le
moved from their position ot lied b min
ing they become personal pioperty and
are bold llko other pcibon.il chattels. If
the owner grants to another the ilsnt or
privilege or tuking coal rrom bis lands
this grant, lr not an exclusive one, is not
the- grant or an Intel est In land but of an
easement or licorpoiuil right which
b ives tho tlt'o to tho coal in place re
maining in tho giantor. But a giant of
ill! the coal, or of the exclusive light to
mine tho coal, Is a pnlo or the coal In
I la e Tho conv e ancc or the co il creates
Id tho enilie nn Interest In land. The
need or othei conveyance Is subject to all
tho rules and icgulatlons governing con
v ounces of tho ttirfnee.
MA CONVDY AN EJsTATIJ.
It may convey an estate In fee simple in
teo coal ot other mineral, or nn lesser cs
tnu in tho sumo mannei and by the samo
woids of giant mado use or In tho con
V i ane es or the sin race When such a ton
caiiio has been made or the coal or
other mineral It woiks a seveiance ot the
estate so coneed riom tho suiface and
U tho deed lie locolded It is coiistl uctlve
notice to all the woild or tho Tact or sev
ei an e. Them efin ward tho owner of the
uu'l nny cultivate, oncloso ami icside upon
his cita e lor an lenglh of ilmu but his
pesseaslon will not extend below It. It
will not grasp or nffect In the slightest
elegreo thu estate below him which has
been soveicd by tho deed. In like man.
licr tho owner of the mineral estate may
enter upon and operate It while tho owner
of tho surface) Is leaving his cstato unoc
cupied und wllil, but tho possesion or tho
lower estato will not reach upwaul and
attach to tho surface i:aih estatu'miy
be occupied, convened, encumbured. Bold
by the sheriff, or ullntcd In partition,
without any effect upon tho other If a
trespasser enter either estate and main
tains possession he can acquire tltlo by
tho statute of limitations after twenty,
ono ears, to so much as ho has actually
held for that length of time; but his tltlo
will not extend above or below the estato
on which ho enters, ir ho would acquire
any nart of tho mlneril he roust make
his entry upon, und maintain his posi
tion within the limits or the mineral es
tate Tor tho requisite period of tune In an
open, notorious, exclusive and continuous
ir .tuner. (Caldwell vs. Copeland, 37 itt
417; Armstiong vs. Caldwell, r.3 Pa '81
Klngsloy et al. vs. Hillside Coal nnd Iron
company, 111 Pa. 618).
A covert or clandestine entry will not
do. Sdoh an entry will confor no right on
the wrong door until his ontiy U, or by
tto exerclso of due diligence might bo
discovered by the owner. Until then tho
owner cannot know that his possession
had boen Invaded. Until ho has, or oimht
to have, such knovvltslgo lie is not oallod
upon to aot ror ho does not know that ae.
tlon In the premises Is necessary, and tho
law doorf not require absurd or Impos!
ble things of any one. (Lewey vs. Pi ink
Coal company, IK Pa, 6Ki Scrnnton Oas
nnd Water company vs.- Lackawanna Iron
and Coal company, 1W Pit. 13). Posses
sion to bondverso must bo open ns well as
continuous, Tho Intruder must keep his
ling Hying In a visible nnd hostile man
ner. (Plummet- vs. Illll'ldo Coal und Iron
company, 10J Pa, 483),
WnU. IWATllN PATH.
So far In our Inquiry wo liavo a well
beaten path to travel, but from this point
forward wo aro without any dellnltn land,
mark to guldo us. The real question is.
may there bo a severance of tho mineral
estato from the surfneo by tho acts of the
owners of the original trochoid? And if
so,, may there be notice In fact of such
severance to otl.ei persons that will af
fect them In the same manner nB tho con
structive notice arising fiom tho record
lng of a deed? It Is very clear, ns wo
havo seen, that If tho deed to the plain
tiff had been for tho coal under the 'Por
ter tract" only, tho entry of McDomlJ
upon tho surface nnd his enclosure of a,
part or It would havo no effect upon fao
lower estate. The rule Is well rcttled by
tho cases cited above Tho renson of the
Mile Is that tho sale of the coal revered It
from tho surfaco and the rccoidlng of tho
deed gavo constructive notice to Mc
Donald of such severance whether he had
know lodge of It or not. Hut the plain
tiff's tlccd wns for ho whole of the land
Including tho soil nnd the minerals Tho
company had the right, however, to tie
velop und operate the mineral estato
nlone, If that was to its Interest, and
leave the surraco unfilled and uncleared.
It eleo'cel to do so. It erected Its break
ei, opened Its mines, extended Us giflg
was, arranged Its tracks and sidings,
nnd began tho production of coal for thu
market from beneath the surface ot tho
"Porter tract" and Its adjoining lands.
In this manner It entered upon the uciunl
possession of Its mlnual estate Tor
more than sixty eais it hns continued
Its possession without Interruption in a
manner that lias bien obvious to all per
sons In tho neighborhood. No prison
could piss, or enter upon the land, with
out being confionted with the unmlstnk-
ablo proofs of thu postskm nnd uctlvo
operations of the plaintiff In this Its sub
tcri.inenn estate". These proofs, Includ
ing the Miuctuiex, the culm pile, the pre
pared coil, the movements of men nnd
cars about the pit's mouth, brought the
knowledge of plaintiff's operations to even
tho most ctftial observer In a much more
effective and satisfactory manner than 11
could have been done by the mere exist
ence of a recorded ileesi. Why should It
not have the same Kgal effect?
ANOTllIMi ULLMPNT.
In this cao there Is still another rle
ment of notice; for the defendant not only
mnde his entry tpen the suitncc with full
know ledge from the nets of the ovv nor, of
his sovcinneo nnd the occupancy ot tho
lower estate by It, but he was lrt its em
ploy assisting In its mining opetatlons.
Ho wns 0110 of the persons by whose la
bor the plaintiff picscrved Its possession
and kept Its Hag 11 lng. Surely notice
could go no farthet than this. Tho le
cordlng of a deeel Is notice notwithstand
ing the party to be affected by It may
never have known of its existence or of
the severance wrought by It, because ho
might have krovvu if he had exercised
the vigilance the law requires of him and
examined the record. So, it is well set
tled, possession Is notice altnough the per
son affected did not know of It. It was
his duty to take notice of the possession
ns well as of the record, and If he failed
to do It, it was his foil. He Is held to
know, because he might have known. If
he had made the examination which It
was his Out, to make. Heio the posses
sion or tho owi.cr was known. The estate
in which it was nt work was known; and
the defendant was In Its service, contrib
uting by his own labor to the development
of tho mineral estate and to the main
tenance of his en.p'.o er's possession This
was notice b, and because of, the clear
est knowledge of oil the facts Mc Donald
hud this knowleelge when he lirst entered
upon tho surface, end he was affected I.y
It. He knew of the actual severance of
the estates In the Porter tract. He knew
the- ovv in rs were In the exclusive posses
sion of the lower one, nnd himseir assist
ed as an emploe In the work that pos
session was made visible and notorious
He never did an thing to challenge their
possession of the mineral estate On tho
contrary, all he did, aside from the erec
tion or a shelter on the surrace, was ns
servant or tho owner, under Its direction
nnil In the clearest iccognltlon ot, and
subserviency to. Us title.
COULD NOT CLUTCH MINRP.ALS
Under such circumstances it Is plain
that K he aeiiulied a title to the surtaro
or tho six acies ho elalms, ho could not
clutch also the mlneial estate, or any
pan or It, that I.i iclow tho suiface. It
would be inequitable and unjust to hold
othervvlso In this case. He- had stolon
In upon the suriacs while at work Tor the
company that owned both It and the coal
He knew or the severance In Tact or theso
estates, and aided In the general wot It
that mado tho seveiance evident to the
woild. If entering upon such clicum
stances ho could acquire the surlace, he
I limited to It. Knowing all tho ructs ho
was bound It he desired to acquire tltlo
to his emploei's mine or any p.ut of it
to enter upon the mineral estate at somo
point, take possession, hold it openl) and
adversely for twent-one eais, so that
his position and claim could have been
known to tho owner
Any diffcicnt holding would lead to very
absurd results. It would icqulie us to
hold that constructive notice Is better
than actual notice. Dven this Is short of
a full stntement ot the result or the con
tiary doctrine, for In leility it would re
qulro us to hold that notice In fact had ro
significance nnd bound to no ono If Mc
Donald wasnot bound Dy the completo
knowledge Ho possessed and by the op
poitunlty for Inquiry which his relations
to the owner affordeel him, It would fol
low that actual knowledge did not so
much ns put him upon Inquiry
It would bo moro reasonable to striko
down tho constructive notice which tho
law raises fiom the recording or a deed
than thus to put It out of the power of nn
owner to piotect himself by the clearest
disclosure of his possession or his estate,
and Its purpose, to one or his own em
ployes. Hut It is said that tho company
wns not engaged In mining Immediately
under tho six ncres or surface by Mc
Donald, and that thero was conslderaDle
unmlneil coal In place directly below his
enclosure McDonail entered upon the
surfaco of tho Porter tract knowing of tho
severance of tho coal under It from the
surface. Tho plaintiff's mineral est no
was piotccted as fully by this actual
knowledge ns It would have been by con
structlvo notice; and no tltlo by the stat
ute of limitations could bo acquired with
in the limits of that estate without an on
tiy upon It.
CAN 1IAVR NO LFKDCT.
An entiy upon another estate, that
upon tho suiface, can havo no ef
fect outsldo tho estato entered. It
there Is no soveranco an entry upon the
surface will extend downward and draw
to It n tltlo to the undei:lng minerals; so
that ho who possesses another and ac
quires tltlo by the statute of limita
tions, will succeed to the estato of him
upon whoso possession he has enteud.
Hut If a soveranco Is made befoic his en
tr. and he has notlco of that severance,
either by the record, or by tho stato er
tho possession acquired both by observa
tion ami by years or servlco In the em
ployment or the owner, his entry upon
elthor or tho estates will not nfteet tho
other. Possibly the question of the extent
of tho possession of u trespassing mlnci
acquired by reison of his entry upon tho
mineral estate, may somotlmes be present
ed. If so. It will be time to consider it
when it comes beforo us. It la not In '.his
case.
As applicable to tho facts now befoio
us, wo hold that the Porter tiact. or so
much of It as was accessible from tho
pit's mouth In 11 tu so that tho coal coull
be mined and removed by tho oinluary
methods of mining, was In the ucluil pos
session of the plaintiff, and that no Id
closure upon the surface of that tract by
ono who YaA notlco of the severance
would draw to It any part of tho mlnonl
estato within its lines. This disposes of
the sugjtostlon that the unmlncel ;cal un
der the six acres ha been, or could t
acquired by McDonald by virtue or his
possession of the surface. Ha acquired
tho surfaev because he put his actual pos
session ngalnst the constructive posses
sion of the owner. Ho did net ncqulro tho
conl becauso ho had actual notlco of Its
severance from tho surface by tho owner.
This limited his possession to tho estato
nn which ho entered, Theso views requlro
u to roverso tho decree ot tho court bo
low, to restore the preliminary injunc
tion, nnd upon tho facts that nro undis
puted to mnko 'tho Injunction pcrpctunl.
The costs or this appeal to bo paid by tho
nipellei-.
MISCHIEVOUS PINE iiROOK BOYS.
They Started to IMnv Pranks on
The Hill" Lnst Night.
A gang of thlity Pino Brook urchins
visited- "tho hill" last night nnd two
of tho number wero nnbbcd by Pn
trolmnn Tom Jones, who was watch
ing, In citizens' nttlro, nbout tho neigh
borhood of Chief Holding's house on
Gibson street, for clothes lino thieves.
The two captured aro James Dough
erty nnd Anibiosc rinnognn, both un
der 13 years of age. They spent Inst
night In the" police stntlon
The gang, In ages, ranged nbout tho
lfi-yent matk; last night thoy started
for tho hill In a body. Upon reaching
Jefferson avnuo thoy went north nnd
began business. A tree was uprooted,
gates slammed and stones wero thrown
at several houses. At tho corner of
Gibson street nnd Jefferson nvenuo the
boys hurled stones nt the glass front of
the door of tho house on tlie south
westoily corner. Tho glass was
smashed In.
Then lifting tho Iron gnto from Us
hinges th-y cnrrled it to a lamp post
on tho corner, nnd after a severe ef
fort succeeded In "tinging" tho post
with the gate.
About this time residents were In a
state of great excitement. Patrolman
Tom Jones came on the scene nnd ns
tho boys were having their fun with
the gnto tho police officer strolled up
and grabbed Flnnegnn nnd Dougherty.
Tho lest escaped by scampering for
ilear llfo In nil dliectlons. No less than
thieo glass doors were smashed In tho
COO block on Gibson street. Tho boys
nncsted will bo given a hearing this
morning.
A POLITICAL POINTER-
U you Indorso the fre trade nnd frcc
sllvcr Chlcngo platform as tho Lncka
wanna Democincy does, "fully and
without reserve," then work and volo
for Schadt, Horn, et. al. If you be
lieve In McKlnley.proteetlon and pros
perity, turn theso ngents of Hiyan
down.
TWO CHURCH SUPPERS.
The committees of tho Ladles Aid
society at Him Park church are evi
dently engaged In a contest to outvie
each other In the way of fortnightly
suppers. Last night's affair was a
wonderful success. An elaborate
menue. Including filed oysters, chicken
salad, cake. Ice eieam and many other
dnlntles werescuved. Mrs C. II. Scott
was chairman of tho committee. Oth
ers who composed It were Mrs. II M.
Prendoigast, Mrs. C. M Glftln, Mrs. J.
L Crnwford, Mis. N. H. IUce. Mis L.
C. Hessler, Mrs. G K Hill, Mis r L
Peck, Mis. Laubach, Mrs. Chailes Hill,
Mi S. P. Fenner, Mrs Underwood,
Mrs, Muasei, Mrs Shupp, Mis. Sciagg,
Mrs. Quick. Among the pleasing fea
tures of the occasion was the piesenco
of the Lawrence orchestra, which,
located behind screens In a corner of
the dining 100m, gave forth sweet
music during tho supper.
A very hit go number of people wore
piesent, nnd It l.s piobnble that mote
than SOO weio served.
Tho ladles of the Ponn Avenue Bap
tist church served a bountiful supper
Inst night. The rooms were handsome
ly decorated. The menu was elaborate
and consisted of cold ham, fried oys
teis, Parker house tolls, bread, pickles,
coleiy, cabbage salad, cake, coffee,
fiult, Ice cieam. The committee of
atrangements was composed of the fol
lowing: Mrs. A. Blttenbender, chair
man; Mrs. D. A Capwoll, Mrs. H. K.
Crothamel, Mrs. H A. Browning, Mis.
N. A. Baker. Those In charge of tho
tables were- Mrs Alfred Atkinson,
Mrs. D. Atkinson, Mis. I. Cooper, Mrs.
W. M. Browning, Mis. J. Colvin, Mrs
J. K. Dixon, Mrs II. Croasdnle, Mrs. C.
BIrcher, Mrs. K. Hvans, Mrs. K Brown
ing. Mrs I, Caipenter, Mis. M Keller.
Tho assistants were: Misses Ida
Blttenbender, H Durlc. G Duile, D.
Courtrlght, A. Atkinson. F. Doud, C.
Browning, M. L'stelle, M. Clifford, M.
Bates, M. Case, F Adam, E. Bennett,
L Hvans and D. Sexton.
JOHN 0. STANTON RESIGNS.
I'orciunn for .Mnny Venrs ol tho South
Steel .Mill.
John O. Stanton last Monday re
signed the position of general superin
tendent of tho South ste-el mill ot the
Lackawanna Iron and Steil company,
which position he has held since the
plant was ili.st put In operation. Mr.
Stanton Is bucceeded by i:dward
Ljnde, who has been night supeiln
tendont at the mill.
Foreman Harvey Swartz was pro
moted to Mr. Lyndc's position, ami T.
S McGnnnon, one of the inciters, was
made foreman Mr. Stanton l un
ctraln ns to w int l.'s future woik will
be. lie will remain In this city.
THROWN FROAt HIS WAGON.
James Cusli ol Phelps Street Injured
on Washington Avenue.
James Cush, the drlvci of a baggage
vvngon, was seveiel Injuted on Wash
ington avenue yesterday afternoon
He was tinning Ins wagon mound nt
tho Kile and WomliiB Valley fi eight
depot, when tho wagon tilted on ono
side and Cush was thrown out, his
head striking ngalnst tho cuib stone
and rendering him unconscious. Ho
was taken to his homo on Phelps street,
where his wounds wero dressed. His
injuries uic not serious.
BOY WAS WAYLAID.
Antliony .llniiKiiii Pound in a Semi
conscious htute.
A 14-ycar-oId Bellevue hoy, Anthony
Mnngnn, was held up and brutally
beraten Wednesday evening near the
Jersey Central round house. Mangan
Is employed In Goldsmith's Bazaar, and
was on his wny to his home on Third
street when the assault took place.
He was only partly conscious when
picked up and assisted home. Drs.
Walker and Kearney attended him.
Warranta havo been Issued for tho as
saulters, IMII rnmo.
10 cents a vial for Dr. Agnew's Liver
Pills would not maku them the famo
they enjoy today If the curative qual
ities were not in thorn. Worth will get
to tho top and that accounts for tho
wonderful demand for those llttlo
gems. They positively cure Constipa
tion, Biliousness, Sick Headache. Sold
by Matthews Bios. 32.
GOOD RACES AT
DRIVING PARK
First Day of the Oenllcmen's Driving
Club Meeting.
WEATHER IDEAL AND TRACK FAST
Cheltenham Prlnco Won tho U.30
Class; llonlla nnil Jo-Jo Captured
tho Team Knee, nnd Mngglo Davis
Won the Two llcnts of tlio 2.U8
Knco--I our llnccs on llio Curd To
day Knvcu ("J. 10) Will Go Against
Kiln T's Truck ltccord ofa.l.-,.
Three well contested races wore de
cided yesterday at tho Scrantun Driv
ing park, tho llrst of 11 two-dnv meet
ing under the mnnngemont of tho own
ers and diiveis whose Jiotsos nto
quartered nt the- Hack.
Of the several conditions which al
ways go tow at el making n successful
meeting, onlv ono wns lacking yester
day and that was a good attendance.
Less tliun 400 poisons saw tho sport.
Thu track was firm nnd fast, the weath
er Ideal for, autumn speed nnd tho
tlmo wns good for tho class of entries.
Cheltcnlntn Prlnco won tho two fin
al heats In the .J.oO class nnd made
a hall second better th'.tn standard
tlmo which puts his dam, Pet Hand,
nmnng the st.indatd mates. Bonlta
and Jo-Jo weio first In three straight
hnlf-mllo he.ils in th team ince, and
Magglo Davis cantuied tho two heats
in tho 2.2S c-Itss In fust time. James
Kelly, of Dunmoro, made an accep
table startei. The Judgi-a were Di. J.
W. Housor, of Taylor, nnd C. H. Sea
mnns. Kaeh rate wns trot and pace. Tho
conditions wero one mile nnd three
heatn win or lose, excepting tho team
ruce which was at a half-mile. On nc
count of dutknes tho third heat In
tho 2.2S diss wns donlninil off after
Mtigglo Davis had won tho first nnd
second hctts.
roUK WKNT TO TIIK TOST.
For tho 2,''i cl.is's Mario, b. in, was
withdiawn 1v David James nnd tho
following four were sonl to tho post:
Silver Pilnco, g. g.; Doras, r. in.;
Dick C b g, and Cheltenham Pilnce.
Tho third eiuatter In tho llrst lnsit
wns covered neck and neck. At tho
wire a blanket would have covered
tho Hist thieo, Dick C winning bv a
scant nose nnd Dot-is getting the place
by onlv a half length.
Cheltenham bioke badly on tho fiist
turn of the second heat nnd lost 20
lengths. Ho causht the Held on the
last quarter and blushed It out to tho
who with Silver Pi lice, the former
w Inning by a length, Silver Prince tho
Fame distance before Doras. The fin
ishing order was the same In the 11ml
hent. Cheltenham won easily. The
Hist quarter wns made In .17, the half
In 1 11, the throe-quarters In l-fil nnd
the dlst-inre In 2 29'i.
Cheltenham's dam. Pot Hand, Is
owned by F. M. Sp3nccrvh'o puichased
her of F. L. Ciane. The latter made
n standing offer sometime ago of a silk
hat to the fltct driver to secure a
standard mnrk for one of the Chelten
ham .Uoek. Summary:
2 30 clas, trot or jneo
Cheltenham Prince, k g 1 1 1
H. K. Westlake.
Dick C, b. g 1 1 4
M. Y. Morris.
Silver Prince, g. g 3 2 2
A J. Snell.
Doras, r. m 2 J 3
P. V. Cook.
Time, 2.10, 2 33'4, 2.202.
TIIK TEAM HACK.
Bonltn and Jo Jo outclassed tho field
In the team nice and had no dllllculty
to win after the first heat. In that
heat ono of Mr. Ciawford's pair, Wel
ter, bioke on the llrst turn and lan to
the who. Ills mate, Dick Blown, paced
In line stile, but the pair weie justly
placed last and first position given the
Cook team. They did the tilek In the
second heat with ease. Whatever
chance tho Ciawfordand Schadt teams,
the latter driven by Westlake, had In
the final heat was ruined by the lun
nlng of both teams. Summary:
Team race (half mile) trot and pace
Bonlta and Jo Jo 1 1 1
P. V. Cook.
Kansas Ch!ef nnd Monrevo 2 2 3
C. 11 Schadt (Westlake).
Welter and Dick Brown 1 I 2
J. L Craw toid.
Kit Cloud and Nelly B 3 3 1
L. A. Patterson.
Time, l.i;., 1.11, 1.14.
Tor the 2.2S class Myrtle S., 1. m
owned by W. A. St. John, and West
lake's Beauty, s. in., weie scratched,
but a good Held of four remained. Mag
gie Davis was In splendid fettle nnd
had no dllllcultv In winning tho two
heats. In the llrst heat Miss Malon
beat Blew by a half length nnd u simi
lar llnlsh wns icversed by Blew in tho
second heat. Summary:
2.2S class, trot or pace
Magglo Davis, b. m 1 1
J. I J. Davis.
Blew, s. g. 3 2
J. H. Ladwlg.
Miss Malon, bl, m .' 2 1
B. T. Laccy.
Cedc'.la, br. m 1 3
P. W. Cook.
Time, 2 291J, 2.30K,
TODAY'S CAHD.
An attractive card Is nnnounced for
today. Theie will be a 2.15 pacing race
with five good ones entered, a 2.35 class,
a team lace, a gentlemen's road lace
and Haven (2.10), owned by Dr. J. L.
Wentz, will tiy nnd reduce tho track
iccord of 2.15 made by KHa T In com
petition last summer. Haven had ptc
vlously held tho iccoid and mailo It In
n match race w Ith Hal Pointer. To
day's entries are:
2 33 class:
Mario, 1). James.
Oiaugo Leaf, J, D, Sales,
Walter J, L. J. Smith.
Beauty, H. K Westlake.
Cheltenham Prince, Frank Crane.
Doras. P W. Cook.
Dick C. M. V. Morris,
Jim Dole, L. A. Patterson,
Team race:
Schadt, Scranton.
Craw foid, Scrnnton.
Cook, Scianton.
Patterson, Carbordale.
Hlmpsun, Carbondale.
Haven (210) to beat tho track record, 2.1s.
Gentlemen's road race:
Fannlo C J. W. Houser.
Tippo C. P W. Godfrey.
George, Scrantoul.in
Nero, Anib. Plersou,
Coma, J. W. Crawford,
Jim Mears, Dr. ill.
Bonlta, II K Westlake,
21S puce.
Syra. C. W Cool
Molly Barton, M. L. Perrln
Harry Weal. F. W Cook.
Maud L. It. K. Westlake.
Kit Cloud, L. A. Pattorson.
WONDERS WILL NEVER CRASE.
A Now Collection to bo Kxposcd to
Public Kinio Next Sundny,
Henry Savage Landor, tho artist-explorer,
who was terribly tortuied as a
result of his nttempt to mount tho
"Throno of tho Gods" in mysterious
Thibet, has written n remnrkablo nc
count. of his adventures, which will bo
published exclusively, with graphic
illustrations In next Sunday's Phila
delphia Press (Oct. 31), Prof. Thomas
H. Fraser, F. H. S., has discovered an
nntldote for snake bites, nnd gives the
secret In noxt Sunday's Press, Another
famous writer will explain exactly how
to cook with electiiclty. And thero will
bo wonders on every other page, In
cluding more general nows; more sport
ing news (the foot ball reports are es
pecially lino): more news for women!
moro society news; moro G. A. It. news
more of ovorythlng.than can he found
in nny other Sunday pnper.
Tho Philadelphia Sunday Press Is the
grentest homo Sunday paper. You had
better order It today.
ON TO VICTORY.
Kvery Indication points to n rousing
Itepubllcan victory for tho cntlro
ticket next Tuesday. Tho party's
lighting blood Is up at last nnd that
portends a Wntcrloo for tho enemy.
But no individual Itepubllcan should
relax his efforts. This la tho chanco
of a llfo tlmo to rivet nnd clinch Ite
publlcan supremacy In onco Demo
cratic Lackawanna.
N0THS OF" THE TURF.
Light Showers Destroy the I'mi nt
Louisville! -- Wonderful Perfor
in unco of tho "Guidclcss I'nccr."
Knees Klsovv here.
Louisville, Ky., Oct 2S. It had been
proposed to give a double bill at the
Driving and Fair association today nnd
so conclude the meeting on the day
scheduled. Light showers, however,
kept the people away and caused a
postponement until tomorrow, when
two days' races will be given und tho
meet ended. Only two heats were given
today.
Nlcol B won tho first heat of the 2.10
pace, while Kmlly won the llrst heat of
the 2.15 trot ftotn Cald. Lemonee, the
only other starter, was distanced.
Summniy:
Plrst race, 2 10 clas, pacing; purse, $1,000
(ill st he.it)
Nlcol 11, b. b, by Alcalus (McLaughlin. 1
W II G, b. g. (McCarth) 2
Lady Nottingham, b m (Miller) 3
Captain Crouch, b. h. (Kwlng) 4
Colonel Thornton, b. h (C. Vanmetei) .. C
Gazette, b s. (SeMchcrc) 0
Miss Maigarct, blk. f. (Walker) 7
Ndlo Wilkes, b m (Lapham) 8
Miss Williams, b. m. (Hush)
Josephine, b m. (DIckerson 10
Prlnco H.il, b h. (Lawrence) 11
Time. 2.13'i.
Second ract, 2 15 class, trotting; stake,
$l,0uo (llrst heat)
Kind, eh. m , by Prlnco Regent (Gccrs) 1
Culd, bt. c. ('l!e)
Lemonee, b. m. (Thomas) dis.
Time, 2.20.
Philadelphia, Oct. 2S. Mai Ian Mills,
"the guldeless pacer," was the feature
at Belmont track today In connection
with tho meeting of the North Penn
Tiottlng association. The wondeiful
little bay mnie made an effort to break
her iccord for one mile of 2.04'4, but
could do not better than 2.07V... She
made tho llrst quarter In 30t4 seconds
and the second In 2'J'b, or the half In
1.00. To the three-quarters she had to
mount a slight hill and the tlmo was
1.3". A short distance from thu wire
she slowed up and finished Just three
and one-quarter seconds behind her
record. She will make another trial on
Saturday, after which she will be taken
to Chicago.
New York, Oct. 2S. The weather was
lino nt Moirl.s park today, tho attend
ance excellent and the races good.
Summaiy:
First race, 7 furlongs Woidsworth won,
Donltor second, Albert S third; time, I..W4.
Second race, C furlongs Oxmrd won,
Saratoga secord, OrtolauU third; time,
112',.
Third 1 ace, hunlcane, 5 furlongs Hand
sel won. Dccantei seconil. Miss Tenny
third, time, 59.
Fourth ia-", rairview, ono mile and
onc'-sitcenth Kstnca won, Bannock sec
onil, Manassas third; time, 1. Ii.
Fifth race, one mile Don Do Oro won,
Thomas Cat second, Dr. Catlett third;
time, 1.1P,.
Sl.xth race, mile and threo-slxteents-Slr
Walter won, Hastings second, Ben
Ballada, third; time, 2.01 '1.
Cincinnati, O., Oct. 2S. Dnikness set
In while tho horses were at the post for
tho last event on tho caul at Lntonla
today and the Judges ordered the- nice
postponed until tomorrow. Weather
thieatenlng, tutck fast.
Plrst race, 0 furlongs Mldllght won, Cy
clono second, Mattlo Leo thliel; time, 1 10,
Second lace, 5 fin longs Plop won, Ilen
nevlllo second; Tusculum third; time,
1.02'i.
Tlilnl nice, handicap, mile J II C, won,
Tho Klector becond, Hello Ilramblo thirl;
time, 1 tl.
Fourth race, handicap, 0 furlongs Cad
dlo C won, Frank Thompson second, As
pasia third; time, 1.15
Fifth nice, mile Mth won, Lula Pry
second, Hockvvall third; time, 1 IV t.
I OfAL FOOT DALL NOTES.
Tho Juveniles will play tho Comets on
tho Stlllwntci grounds If they wish to
Oct. 31, und will give them a return game
whenever they want It. Answer If sat
isfactory. James Luvelle, manager.
Tho Comet, Jis , and the Dunmoio eleven
will play a Bma of font ball Oct. 31 on
No 5 grounds. All members of tho Com
ets nio requested to respond for practice.
J. Holme's, captain.
SIIKKLOCK IIOL.UKS, JU.
Ily Wonderful ItVaiouing Ho Kllccls
tlio Cnpturo oi'u liicvcli) Thief.
Fiom the Clevclpnd Li adc 1
"Hull!" exclaimed Sherlock Holmes,
Jr. the great Mcyelo thief-catcher,
"yonder noes our man. You say tho
wheel that wns stoUn from you was
a seventy-two gear, with ram' horn
liundlo-liats?"
"Yes," replied the man who had been
lobbed.
"Good," said Holmes. "That Is tho
kind yonder fellow rides. I tan bei at
a glace, too, that he uses a stolen
wheel."
"Wonderful!" his companion ejacu
lated. "How Is it possible for you to
tell all this by merely glancing at
him?"
"Kasy onou-jh, my denr sir, if you
know how." th great detective an
swered. "Look at Ids hands. You sett
they are sunburned only upon thu
bony surface Just above tlio thumbs. If
he used the old stle handle-lars his
hands would bo sunburned all over th
bucks."
"Most extraordinary deduction I over
heaid of," said tho citizen.
"Now," continued Sheilock Holmes,
Jr., "notice his walk. You see It Is Just
nn oidlnary gnlt. If ho rodo a low
genrtd machine he would movo with
quick, norvous stops. On tho other
hand, If his wheel was high-gem ed, his
Bteps would bo slow and firm. But ho
walks nlonir in Just a common way,
hence the bicycle that lie rides Is a
medium gar."
"This 13 simply astonishing," de
clared the man nt the detective's side.
"Now, tell mo how you know that tho
fellow rides a stolen wheel."
The great thlaf-cntcher drew a long
puft from his cigarette, permitted tho
smoko to circulate freely through his
lungs for about a minute und u half,
and then replied:
"look at hl9 nose."
"His nose!" exclaimed thii other.
"Surely you can't tell whether a man
is a thief or not by simply looking at
his nosol''
"Not In nil cases," Holmes responded,
"but in such ones as this it Is the sim
plest thing In the world. You boo th
end ot his nose has been vpoHed to
the sun. It hns Just begun to peel off.
Well, what does that signify? Merely
this, my dear sir; Una fellow has not
dared to buy a cap, for fear of arous
ing suspicion, so he has been getting
along with a common hat, with tho re
sult that I havo pointed out.
Tho wonderful man then walked up
to the thief, clapped a pair of hand
cuffs upon him, and when tin? oldi-nce,
ns set forth here, wns in court, there
was nothing left for the culprit but to
confess und receive his sentence of Im
prisonment at hard labor for life.
GOODWIN'S JOKK WITH SULLI
VAN. From tho Chicago ltccord.
When Sullivan was In his prime and was
supposed to be tho Invincible champion
of tho universe, ho camo to Chicago to
play air engagement. Nat Goodwin was
playing hero at the same time. Goodwin,
llko every other man with a drop of sport
lng blood In his veins, admired Sullivan
He know him very well, ns the great actor
and tho great pugilist both camo from
Boston
Sullivan was ntandlng near a fancy bar
at ono or tho hotels when Goodwin en.
tered. The usual circle of admirers were
at a safe distance from tho mighty, war
rior, admiring him In nwe-strlckcn silence.
He strolled over to tho bar and asked In a
loud volco: "Who Is that big dulfer?"
"Sh-h-hl That's John L Sullivan," said
the bartcrdcr.
"Weil, what do I care?" demanded tho
nctor, and with rh.-r ho walked over and
brushed against the lighter.
Sullivan glared down nt Goodwin nnd
ro-ired: "Say, who nro you pushln'V"
"Oh, keep still, you big bluff," replied
Goodwin,
Two or three or thj,srectntors fainted,
and others pushed forward to save tlio
nctor's life. Before they could Interfere
Goodwin was driving right and left at tho
"big fellow," who was backing away, ap
parently frightened out of his wits. Most
or tho people who had been looking on
ran ror their lives, and never camo back
to find out that It wns all .1 Joke.
It Is said that Goodwin maelo It a prac
tice to assault Sullivan whenever he saw
l?m, nnd tho big fighter thought It was
the funniest thing the comedian ever did.
Make it clear as sunlight that, when
you demand some article advertised In
this paper, jou want precisely that ar
ticle, and nothing else.
A GREAT SURPRISE IS IN STORE
for those w bo will go todnv nn get 11 pack
11 SCO of UHAIX-O. It takes tliepluce orcolfco
lit about I4 the cost. His a food drink, full
of hciiltb. nnil can he glv en to tho children as
well as the ndult with great benetlt. It Is
made or pure grntnH und look and InsteH
like the finest grades or viocha of Jnvncolleis.
It satisfies ever ono. A cup or Gmln-O Is
better for tho kj stein than n tonic, because
Use hncrtt Is permiinent. Whnt collee breaks
down (lrttln-0 builds up. Ask our grocer
for (lit AIN-O. inc. and 25c.
AMUSEMENTS.
Academy of flusic
Rels & Durgunder. Lessees.
II. K, Long, Local JMsnazer.
O.NG WHOLE WEEK,
Commencing Monday, Oct. 35. Matinees
Tuesday, Wednesday, Trlday and Satur
day The Popular Young Actor,
MR. N. S. WOOD
Presenting 3 Great Plnys,
The Orphans of New York,
The Boy Scout.
Monday, Tuesday and Wednesday, Nov. 1, 3
and 3, Matinees Tuesday and
Wednesday. .
Washburn-Burns Company
Inn Mngulflcent Pro luctlon of tho Great
PngllNb Melodiuma,
I
A htory of Intense Heart Interest, In a
rrmncwork ofWcenlo Mngnllli'oiii c, llellned
Comedy, llrlght Speclnltle", Producod by 11
Capable Company, Headed by Lillian Wash
burn. KVP.NING PRICKS
JIATI.NKK litlCUS....
l.-ic, 2."ic, 35c, 50c.
l.-ic, 25c.
Lyceum Theater.
Trlday and Saturday and Popula. Saturday
Matinee, Oct 39-30.
Iteturn of the I'avorltos,
Mr, and Mrs, Russ Whytal
In the romantic drama,
For Fair Virginia
Special bceueiy, brilliant cast,
Itegulur prices.
KfiF11T TUESDAY, Nov. 2d.
Pare-well Engagement Last Tlmo.
HOYT'S ffi
A Black Sheep
hame Great Cast, Including
MR. OXIS HARLAN.
llvcrj thins bright, now nnd up-to-date.
Pull of color, uctlon and melody.
ULUUI.All PIIICIX
DAVIS' THEATER
Thursday, Friday, Saturday,
Oct. 28, 29, 30.
merrythmaidens
burlesquers.
A Ni3V COMPANV TO BCIIANTON, HUT
ONU Ol' TIIK 11UST.
Regular Pficos, 10, 20 or 30 Cents
All opera chairs old icsorvcd for evening
performances. Hecuro them afternoon ut
the box office or by 'phone, 3872, or uflor
houaeopeuk at ulght ut box olllco.
HELANDOFTHELIVIHC
GtSLitti
Borden
Condensed Milk
HAS NO EQUAMSiii
,An Infant foodm
, "INFANT HEALTH'SentJ
t-KtE, .OM.APPLICATIONJtW-
HtWTORtt COHOtHStD MllK COjKYV
T
It!
Now get a hustle on and win a
prize. We will present the Foot
Ball Team winning the largest per
centage of games played this sea
son with a Spaulding J foot ball and
inflator. The only conditions are
the teams must purchase their uni
forms and goods of us, and play
not less than six games. Teams
will please leave their names with
us and report all games played
with the score. This will include
the games already played.
C.M.FLOREY
,222 Wyoming Ave.
SPORTSH, ATTENTION,
OUR PRICKS AND (100DS nre Just right.
Save tlmo nnd money by dealing with
u. Mpeeltil Drives in cverytblUB a nport
mun needs. Guns, Pishing Tnclele, Cnnviui
(loo(l, llnso Hall, Poottinll unit Atblctlo
eJooda, ut prices that defy compctlon.
A. W. JUKII, AGU
324
ruccSt
Stetsonj Hats
Have Brains in Them
Yes, there are brains in Stetson
Hats brains in making them and
brains in wearing them.
New Fall Styles in Stiff and Soft
Hats on sale. It's' a wise head
that wears a Stetson Hat.
These nnd Oilier Good Styles Sold by
CONRAD, 305 Lackawanna Avenin
National Supply and Metal Go,,
Dealers In New und Second-Hand
iiY, BOILERS iD ENGINES
TELEPHONE NUMBER 3954.
coNTiiACToitv sriTi.ii:-', pui.i.uvh
AND HUAKTINU, SC'ICAP IKON"
AM)MKTAUSAhl'i:C'IAI.TY.
OITICK, 7011 WU.ST
I.ACKA. AVIi
M.E. KEELEY, Manager, Scranton, Pa.
PUT YOURSELF IN OUR PLACE
Ami you will realize how easy it In to fur.
nlnh our home luxurlomly with i trifling
outlit. u llttlo at a time, and you don't
11118 it.
fiTTENTION
V'iUb vWX
wp i '"mi 'j ii ww im '. '!.( ""EfJlJ"1!
Tr vs r PTsr"
BARBOUR'S HOME CREDITHOUSE
. 425 LACKAWANNA AV&