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TJL1W SUKANTON TRIBUNE-TUESDAY, AUGUST 1G, 3898.
3
RUSH OF BUSINESS
IN THE COURTS
BUSHELS Or OPINIONS OON
TKIBUTED BY JUDGES.
Judge Edwmds l'oes Hot Refrain
JFrora Sarcasm In ft Wluton Bor
ough School Board Cnsn Mid Con
tinues tho Injunction Judge
Aicbbald Discussed at Length the
Cost9 ol the Olyphant Boiough
Case and Sets Aside Jttost of the
Hoport of the Auditov Other Cases
Disposed of.
Midsummer di In couit had it")
UbuuI big laft of buMnrs"", tlv indues
contributing a bushel of oplniona and
the attorney unloadliif senies of mo
tions on matters tl.at lmp been ac
cumulating during the dog das' re
cess. TIip exceptions to tho report of W.
W. Latlirope. the eudltor appointed to
pass uoon the appeal of the borough
of Olyphant from the report of the
borough auditors, was discussed at
length by Judge Archbald. Thr hear
ing before thp auditor wai confined to
the single matter in dispute, the ac
counts of M. W. Cummlngs, secretary
of the borough council, us collector
under the borough ordinance of elec
tric light rates.
The auditor ruled the borough audi
tors hud no authority to fettle the ac
counts of the Fecietary of the coun
cils, as they attempted to do, or of
anyone appointed to collect the
charges made for the use of electric
lights furnished ty the borough. In
this court concurs, saing that tho
borough secretary Is not included In
the llt of officers who must account to
tho municipal auditors. The setretarj
ns a creature of councils, Is answer
able to that body alone.
The whole report, Judge Archbald
rules, xcept the part of It in v hlch
the auditor diaws the aboe romlu
s.lon. must bo sot aside as pinhrnclng
that which it was beyond hl power to
go into.
nnOAUDIXG COSTS.
In dealing with the matter of costs,
Judpe Archbald sajs' "The net of
April 15, 1831 (sec. 10!, V. U 53.,) au
thorises the township as - ell as the
ni counting ofllcer to appe.i' fiom the
report of tho township auditors, and
by this must bo Intruded borout-h au
ditors ns well, the word tn'wihlp be
ing used in its gmeilc sense. .
In the case of nn nppeal, tho costs ate
to abide the event of tho suit as In
other caf.es, which means, of course,
tint the losing partv Is to pi them.
"At flrt blush in the piesent In
stance this would seem to put the
costs upon the tapjeis by whom tho
appeal has been taken, but upon fur
ther consldeintlon it will be found that
this Is not coiroct While they aie the
parties who by leave of law hae set
the pioteedings In motion, the teal ap
pellant is the borough or township on
whos-e behalf and for whoe benefit tho
appeal is made. This Is shown by
dlieet jeferonco to the leims of the
statutes quoted which gie to a tax
payer the light to 'make In bthalf of
the borodgr, township, wnrd or dls
tri"t the appeal allowed" by law.
"It Is true a lecognlzanee must bo
entered Into by the persons so appeal
ing, with on or more nuirichnt sure
ties. but this is for tne pio
tectlon of the township or borough in
vhose name the appeal stands and
which 's thereby In danger, as a party,
of halng the costs put upon it Tho
municipality, howeei. brought Into
tho Mtlgatlon Is a ieii party to it and
not merely a nomlnil one. and its ies
ponilblllty for the costs fol'ows ac
cordingly. The llabllltj of tho ta
pajcrs and their sureties, if they fall
to lelmbtuse the borough, may come
later. The appeal Is dismissed, thtie
fore at tho cost of tl e borough of
Olyphant "
One of the Intt resting ".Vinton mun
icipal muddlps wa dlcii'sed at length
bj Judgo i:d.nid It was that em
bracod in the ei(t Ity case of Uugnne
Taj lor and othurs against the school
tlisti let of the borough of Winton and
ottiei. The bill of complaint alleges
that the Winton school bond accepted
the hid of Iwrinnr. & Collins for the
erection of a school house at the price
of tlO.SlS, which wab 12,065 in excess
of the bid of the Peck Lumber com
pany and that this acceptance was tho
lestdt of improper and tiaduleit prac
tices. PltnLIMINAItY INJUNCTION.
A preliminary injunction was grant
ed and nt the hoaring to continue tho
rule permanently the school boaid
tame into court and exhibiting a tet,o
lutlon declaring that they had rocon
xideied their action and "resolved"
that It was on second thought Impioper
to accept an excessive bid ana so on,
asked that the nile against themsehes
b mnde permanent.
'It Is bomewlml refreshing," Judgo
Hdwnids letuarks, "to fin J defendants
coming Into court, evon at a late hour.
In a repentant mood, confessing tho
wrong nnd asking the court to make
the Injunction against thtm perman
ent. If thoie is anything Inconceiv
able In a borough goernment It ought
to be Inconceivable that a board of
school dliectms, the custodians of tho
public funds and trustees for the pub
lic, should accept a bid from one party
J2 000 in exct?3 of the bid of another
party equally responsible, the whole
co-itiact being from eight to ten thous
and dollars. Dot It Is unnecessary to
discuss this phase of the case at the
present time. The allegations of tho
bill are substantially confesed by tho
defendants and unless other rights aio
Imperiled, the Injunction must be con
tinued." The claim of Urennan & Collins that
the conttact had been executed to
them before the injunction issued can
be established at law if it is a valid
claim, the court udes and discharges
th'i lain allowing them to Intervene as
defendants. The preliminary Injunc
tion Is continued until further order of
com t
In the case of Anthony Mahon and
wife against the Life Insurance Clear
ing company of St. Paul, Judge Ed
wardsTlffed the affidavits of defense
were sufficient to prevent judgment on
nil tho plaintiffs' clnlm except that
part of It which Involves tho pi -mlums
on Policies Nos. 3176 and 347s. On
tliPse two policies the plaintiffs are en
titled to judgment
FIIU3 INSUltANCI" CASK
In tho ccfo of Henry IUSin, Jr.,
against the St. Paul Flro and Mailne
Irsuiance company, of Minnesota, the
rule to set aside service of summons is
made absolute by Judgo Edwards. Ho
rules that Inasmuch as tho property
Insured and the company are both out
sJJo the state the court neie lias no
Jurisdiction.
In the ctse of J, n. Jodrey against
tho borough of Olyphant, the rule for
u new trial bought by the plaintiff Is
denied by Judge Archbald. Jodtey
sued foi work done for tho borough on
Its elc( trio dght plant, Tho borough
resisted payment on tho gtound that
tlip woik wnr not properly authorlred.
Two of tho liotough council, It appeals,
set him to not!- when It required tho
action of th light and water commit
tee to do this Consequently Jodiey
did the wotk for nothing.
In the case of Gorton S. Chase and
otheis ngnlnst M. O. Webster, the rule
to open Judgment was discharged In a
lenrthy opinion by Judge Archbald.
T'ac defendant bought a 140-ncre farm
In La Plume In U94 from the heirs of
Nathan K. Chase, paying one-half of
tho $9,000 purchase money down and
giving n bond and mortgage to pay tho
other half In nine equal anntinl install
ments. Ho resisted payment of tne
veiy llrst of tho paitlal payments on
the gioutid that ho had not been given
a clear titl? to all the land, alleging
that the helts of Georgo Clymer were
claimants of half tho land and were
liable to come upon him for their share
at any time.
It Is not shown for certain, or even
to the extent of probability that the
Clymer heir0 have a claim or If they
hao that they will prosecute It, and
court In consequerce declines to Inter
fere with the opeiatlon of the Judg
ment upon which the plaintiffs seel: to
enfoico the payment of the balance
due.
BILL WAS NOT QUASHED.
Judges Edwaids and Gunster Ovar-
lule Motion to Kill Mr. Kel-
ley's Bill of Particulars.
The lespondent's bill of particulars
in the Langstaff-Kelley rontest stands.
A motion to hae It quashed was ar
gued at length befom court jestcrdny
morning and from the ppresslons from
tho bench It was expected that the
motion would prevail. Mucli to the
surprise of Mr. Holgate and Mr. Ham
ilton, however, Judge Edwards at the
opening of the afternoon session, hand
ed down an order doming the motion
to quash. Judge Gunstei concutiod but
Judge Archbald dissented.
When the matter was called up Mr.
Holgate.representlng Contestant Lang
staff, moved to quash the bill on tho
ground that It was not tiled within the
time prescribed bj court and becauo
It was a farcical bill of gencrnlltlob In
stead of bill of particulars.
It alleged, Mr. Holgate pointed out,
that 12,000 oters of tnls county voted
under age, among those so nccused be
ing the president judge of tho county,
the congiessman of this district, tho
general manager of the Dolawaie,
Lackawanna and Western Halhoad
company, the pi evident of select coun
cil, nnd hundieds like them, whom,
Mr. Kelley, from his business experi
ences, must have known weie twenty
one jeais of age. "He ceit.alnly knew,
as a counti oflklal, that the piesldent
judge of this county was over twent
one," Mr Holgate lemaiked, amid
much laushter, "and when ho bwoio
that. In ills belief, the opposite was
the case, he did not make allldavlt in
good faith and his bill consequently is
defective."
JUDGE ARCHHALD AGREED
Judgo Aichbald agieed with Mr.
Holgate that the bill vas nothing moie
or les than a big farce: being full of
the defects for which the contestant's
fit st bill was quashed.
Mi. McDonald couldn't see It that
way. As he understood It the Lang
staff bill was quashed solelv on the
giound that it alleged more defective
votes in some districts than tho whole
number of votes cast for the icspond
ent. Referi ing to Tho Tribune's dissec
tion of the bill nt tho time It was filed.
Judge Edwaids lemaiked that from u
glance at the hundred or moie names
of the qitj's best men who weie
charged with having voted Illegally, by
voting under age or voting without
naturalization papery, there was no
question In his mind that theio was
gross negligence In the compiling of
the bill
Mr. New comb nt this juncture took
a hand In the discussion, arguing that
these very exceptions had been taken to
the contestant's bill, but the only one
sustained was that alleging that more
voteis were attacked than votes weie
cast. That was tho only limitation put
upon the contestant's bill and that was
the only limitation tho icspondents be
lieved they had to observe.
Judge Gunster did not enter Into tho
discussion.
CITY NOTES.
i ciirim ui uifim-, rubuiuuons or conuo.
lence, obituary poetr and tho like will
I Vtn fnenrtrtri In T1w Trllimw ai. . -....
paid for 111 i. chance, at the latu of 10
cents per line.
The Stone Cutters win moot for loor
ganizatlon this evening at liulliirt s hall,
117 VVvomlns avenue.
Tho Delaware end Hudson company
paid jPhterday at the Pouderlj and c'ai
bondalc No. 1 mines,
There will be a meeting of tho Central
Women's Clulstlan Temperance union
this afternoon at 3 o'clock.
A regular meeting of the board of m in
ugers if t'ie 1'lorence Crlttenton Homo
will bo held this morning nt !) TO o clock
Dr. J J, Roberts, of tho West Sld,
vosterdnj announced himself as n can
didate for countj coroner before tho Re
publican convention
Tho eighth annual reunion of Compan
K, Eleventh Pennsylvania cavalrj, wll.
be held Saturdaj of next week In Nlch
ol's Grove, Clink's Summit
Charles 8 Weston Ins been elected a
director of the Lackawanna Tiust and
Safe Deposit eompnn to lilt the vacancy
caused by the de-th of William T Snilt'i
Hie first of a scries of three games of
baso ball between tho Eurckas, of Piovl
dence, and the Iloresdalo team lor J100
will be plajed at Athletic park tomorrow
John Powell, of Olj pliant, was received
at tho Lackawanna hospital cnterda
suffering from a dislocated shouldci, tho
lesult of a fall of roof at Johnson a mine
The meeting of tho Knickerbocker
Athletic club which was to bo held this
evening at tho Westminster hotel, lus
been postponed till tomoriovv evening at S
o'clock
Tho Equal Suffrage society of L.icka
wumia county met last evcnlnu at the
home of Sirs. lone Walter, GOc, Wastilu,-.
ton nvenue, to consider tho twenf. -thud
political study, second lesson, on the
topic, "The Pederal Executive."
Llewellvn M. Evars, of this city has
been piomotcd to tho position nf Inslic
foreman of the Pettebone mine of th
Delivvnre, I.ackawurna nnd Wufrn
Railroad company at Dorranccton jjr
Evans U the second son of van J Ev
an. Hupeilntondent of tho Avoudilo
Woodward, Pettebcn nd Hallsteud col
Ikrlee. V-L
Trans-Mlsslssippl arivjlntemational
Exposition, Omaha, Nebraska.
Reduced late tickets on salo June 10th
to October 11th, via Lehigh Valley rail
toad, to Omaha or Kansas City. In
qulie of ticket agents for particular!.
PAVE ASSESSMENT
IS DECLARED NULL
INEQUITABLE COST OF THE
MULBERRY ASPHALT.
Judge Archbald Rendeis a Decision
Which Knocks Out tho Assessment
for Paving Mulberry Street and
Incidentally Halts tho Improve
ment of Provldenco Road Foot
Pi ont Rule Whero It Wotks In
equalities Will Not Stand Prob
able Substitute Plan.
The most Important decision ester
day In court, and, In fact, one of the
most Important decisions that has
been handed down recently, was that
in which Judge Archbald annuls the
Mulberry street paving assessment and
Incidentally the Piovldence rond lni
ptovjinonts. The finding was made In the case
stated between the city of Scranton
nnd Henry T, Koehler, better known
ns the Mulberry stieet assessment
case.
The special facts of tho case as suc
cinctly set forth by Judge Aichbald in
his review n'e these: The assessment
was mude by tho city engineer accord
ing to the foot-fiont lule. Through
.seveinl of the blocks n double stioot
car track is laid. Tho abutting pio
petty owneis on such blocks having to
put up with the annoyance of the dou
ble tracks and passing cars deemed It
proper that there should benefit fiom
the rebate which comes by leason of
tho stieet cai company paving between
its tiacks. The city engineer, how
ever, figured up tho total square yarcl
oge of the pavement for tho entlio
length of the street and divided the
cost theieof nccordlng to the total foot
frontage. Thus muklng property hold
eis who had no car tracks In front of
tholi piopeitIs liable for less puve-
menl than fronted their plnces and
compelling those who lad car tiacki
paslng theli proi cities pav for moie
pavement than was actually laid be
foie their piemlses.
JUDGE'S CONCLUSION.
After quoting and discussing about
flfcy decisions that nrpcnr In one wav
or another to the matter in hand,
Judce Aichbald diaws this conclusion:
"On tho fout blocks on which the de
fendant's pti'poity Is situated, theio Is
leis pavement laid, and less pavement
In consequence for the- piopeity own
eis to pav foi. Pavement of n pail of
the stieet has been liiipicd upon the
stieet lallvvay, and the adjoining own
eis would seem entitled to the advant
age of it, or. in other woids, the spec
ial benefit to tho piopcitlcs in these
blocks may bo regarded us measured
bj tho extent of the pavement in tiont
of ihein. Tho same is tiue of tho block
betwee'i Wyoming and Penn avenues,
whole the stieet railway company has
b-p'i required to pave tho space occu
pied by its single track, together with
a foot of the street on each side of It,
as well as that between Penn and
riiiuklln avenues, where it also has a
single track, but has paved simply the
space Letween Its inl!i.
"As the matter now stands, how
over, the ndvantngo derived fiom the
paving done by the street lallvvay Is
distributed among nil the propeitlos
upon the whole line of tho Impiovo
ment, of them seveial blocks away, In
stead of being confined to those pro
pel ties Immcdl.itelv adjacent to it. If
this Wire can led to Its logical conclu
sion piopertles on tho portion of the
stieet vvholl occupied by street i all
way tracks might bo made to pay ns
muel as these whoio tho street was
entirely cleai of them, a position which
wo do not see our way to sustain. It
follows that the assessment made by
the city engineer Is Incoircct, all that
the defendant can Justly be called
upon to pa foi tho Improvement, In
fiont of his property, Is his piopoi
tlonate shaio of it, at the same late as
others fimllorly situated, which prac
tically amounts In n case of paving,
such as this is, whatever It might In
othei "lasses of Improvements, to the
cost of the pavement in fiont of his
piopeity with a pro lata part of tho
street intersections ndeled. According
to the assessment made by the citv
engineei the defendant If called upon
to pay $280, while, In our juigment, on
tho basis suggested, he should be as
sessed with but $lf5.
'Judgment Is therefore ontorod in
accordance with the stipulation of tho
case stated hi favor of tho plaintiff for
$1S5, without costs."
ITS CONSEQUENCES.
All the consequences of this decis
ion could not be definitely ai rived at
jesterday owing to the absence from
the city of Cit Solicitor McGinley,
who, more than anyone else, has at his
llngeis' ends the run of the matters
that nre likely to be nffected. It is
known, though, that the Piovldence
road paving will be held up, ns the as
sessment for this Improvement was
made by the same rule that governed
the assessing of the cost of the Mul
berry street pave.
City Engineer Phillips was com
pelled to follow the foot front rule In
making these assessments, as the or
dinance in each case specifically pio
v Ided this. The new assessment
'vhlch will be necessitated If Judge
Arehbald's ruling stands will most
likely be mnde after the manner In
which the cost of tho Pino street pave
was assessed. Each block from the
center-point of one cross street to tho
center-point of the next will be desig
nated a tax-district nnd the cost of
paving within each district will then
be divided pro rata according to the
foot front lule. This manner of mak
ing an assessment, according to Judge
Arehbald's opinion, was followed In
many cities and stood the test of law
It Is quite likely that the Archbald
decision will meet with llgnrous oppo
sition and that the Supremo court will
once more be called upon to adjudi
cate a complication of the present be
muddled municipal improvement stat
utes Even If tho city was disposed to
accept Judge Aichbnld's ruling with
out a struggle, it Is not likely that
there would be acquiescence on tho
putt of the Mulbeiry street propeity
holdeis, vvhobe assessments by reason
of the decision aio enlarged propor
tionately as much as Mr. Koehler's v.a.
decreased.
SOUTH ABINGTON DIVIDED.
It Now Comprises Thiee Election
Districts.
Th potitl'in to have South Ahlnnrton
township divided Into three election
dlsti'ctr was yesterday approved by
couit.
Clark's Green is made tho rirst dls
tilct; Clark's Summit, the second, and
Chinchilla tho third.
Frice's hall is designated as tho poll
ing place In the First district; I2ugon
White ! named as Judge of election;
John W. Tlhodcs, majority ltpeojor,
nnd Judson E. Cullender, minority in
spector. In the Second district Schilling's hall
In fixed ns tho. polling place; II M.
Hufford ts appointed Judge of election;
Gllbort S. Grlllln, majority inspector,
and E. It. Dunlnp, minority Inspector.
The ui hool hous nt Chinchilla Is
made tho polling place In tho Third
dlstilcl and the i lection officers nr
I) mied ns follows: J. W. Leach, Judga
of election; James Holgnte, mnjority
Inspector, and J. C. Dulley, minority
Inspector.
'1 he costs of the piocecdlngs aie
placed on the1 county.
NEW SUITS INSTITUTED.
Ycstei day's Contilbutlon to Lacka
wanna's Legal Mill.
E J. Wolfgang, baker of 427 Penn
nvenue, Instituted piocecdlngs thiough
Attorney E. C. New comb yesterday to
recover $200 for a wagon which one of
the Scrnnton Railway conipunles cars
is ulleged to hnve demolished on Penn
avenue, Febiunry 13 last.
Habeaus corpus proceedings through
tho same nttorney were brought by
Jemima Maule to secure the release of
her hi other, JoFOph Jones, who, she
alleges Is Illegally detained In the In
sane departement of tho Hillside home.
Wednesday, August 17. at 2 o'clock, p.
m was fixed as the time for the heal
ing. More Scoplous Name,
Hon. L. A. Watros made foimnl ap
plication to court yesterday for author
ity to change the corporation title of
the Sciunton Savings Rank and Trust
Company to tho County Savings Dink
nnd Trust company. The application
was directed to be published.
The Tnurot Will Contest.
An appeal was jesterday taken fiom
Register Koch's decision In the Tnurot
will contest and the case transfened
to Orphans' Coupt.
COURT HOUSE NEWS NOTES.
Surbard S Welt was uppolnted deputy
consiablo of the Third ward of Dunmoi
Couit approved the charter of the Will
lam Council Hoe eonipaio, No. 9, of
Sci niton.
Judge Gunster dismission the exceptions
to the request In the matter ot the lunacy
ot A. W. Itrovvn.
Prcd D Stsvcns was appointed iudge of
election In th- First dlstiict of the blth
ward of Dumnorc.
The rule for attachment In the case of
Grosvenor against llelmo was discharged
b Judze Archbald
The rule for a new trial in the case of
C L Rice against A II. Allen was ells
chaiged bv Judi,u Gunster.
Judge Edwards refused a new trial In
the case ot H R A ciod naginst E Me
Urlnr S mde rson and others.
'1 he rule foi Judtmont was mnde nbsn.
lute b Judge Archb ild in the case of the
North End Lumber company vs. J'red.
Hewitt
Tho rule to strike off the Hen In the
case of the Cltj of Scrnnton agaln-t
IIimUi was made absolutely by Judge
Gunster
Court corllrmed ccndllionallv- the ic
pi:t of viewers in Ihe tuit of James I'ut
lcr .mahist the Spiing Ilrook Water Sup
plv ciuni rrj
The exceptions to the report of viewers
in tho muttei of the construction of the
Ninth sewer district vvcro dismissed bv
Judge Edwards.
In the estate of Peter Dilev, deceased.
Judge Archb ild tiled an exhaustive opin
ion dismissing the excel tlons to the re
port of tho auditor.
Judge Gunster discharged the rule for
ludgment ngulnst the garnishee In the
ease of Thomas llenij against Thomas
Thomas nnd others.
In the c.iso of A D Dean, trustee nnd
others against the Freeman Wilson Coal
comptny the bill In equltv was dismissed
b Judgo Archb ild.
in the case of L M Wilson, executiix,
against Mary A. Lewis nnd others the
rule to set asido execution was made ab
solute b Judge Gunster.
In tho ease of Ptic II ilnjdcn nnd
olhe rs against Adam Thompson, the ex
ceptions to the report ot the refeiee weie
overruled bv Judge Gunstei.
In the case of tho Stiong State Hank
against C. M Hutts, the rule for Judg
ment was cllschnsgcel by Judge Aichbald,
except as to a note of $2id IS
Judgo Edwards discharged tho rule for
a new trial sought bj the defendants In
tho case of E J Williams against Emily
J. Moore executrix, and others
On petition of citlzenj of Madison town
ship court appointed John Gonzales ovr
seer of the poor to fill tho vaeanc caused
by tho death of Ercstus Edwaids
Tho rule for a new trial in the case of
the New Vork Ontario and estcin
Railroad compimv ngnlnst II. S. Pit ice,
was discharged by judge Archbald.
Court appointed Fied W. Stevens Judgo
of election In tho Fiist district of the
Sixth ward, of Dunmore to succeed U. .
H Allen, who moved to another district.
In the case of F. E Nettlolon against
J. D Caijl, a ic argument was directed
by Judge Archbald. couit being F.atlstlcd
that tho lormcr adjudication may have
been eriatlc
In the case of A. P. I'ttcr ngilnst Alary
E Lewis, tho mlo for Judgment for vvint
of propei nllldavlt of detense Is mule al
soluto bj Judge Gunster unless propei ly
amended within ten davs
Judge Edwards made nboIuto tho rule
to qu ish the appeal of p A Vv'nlkei in
tho mnttei of widening of Ninth avenue,
Carbondale, iuIIhb, simply, that the ap
peal was not well taken
In two cases brought by the Southern
Ruildlng nnd Loan association and others
Judge Edwards sutalncd the dtmurrcr to
tho plnlntlfts' declaration and directed
Judgment to enter for tho defendants
John F. Cummlngs, i5 D Edwards and
John J. Caiabluo were appointed viewers
on the 1'iist district ecwci of Olv pliant
with Insti actions to meet on the ground
Thursdav, September i, at 10 o'clock a n
In the coe of tho Hillside Coal and Iron
eoiupaio ucalust F T Okcll nnd others
a lule- vves cianted to show cause why
tho case should not bo nol prosed or
nb.ited us to F T Okell, E A Hermans,
F I'leltz and George Watrous, jr.
Court directed that Judgment heretofore
entered In tho case of Ihe countj of Lack
u wanna against Stephen Fltjpatrlek la
stricken oft upon compliance b defend
ant with tho decree In the ease af com
monwealth against Patrick Fltrpatrlck
Attorney John F Serai g Oeorgo E.
Sto.enson, of Waverlj. and L Si I'ran t
11 ti, of Benton, wero appointed a boird of
view to assess the valuo of land taken
by the LuPlumo bniouyh school dlstrle t
for tho enlargement of tho plot upon
which Its school Is located.
In the case of the Chemung Canal Bunk
ngalnst Porter liros., In which Judgment
was asked on three notes for want of a
bilflielcnt udldavit of delelisc, Jiulio Ed
wards luled tint the atlldavlt of defense
was sufllclent In the cuae ot ono of the
note;i, but In the other two It It entiielj
Insufficient
The attachment was dissolved b .In l,o
Edwards In tho cuso of Jeimjn & Duff
against T. 1) llrjden He sujs that
while there may bo a slight circumstance
of suspicion connected with the sale of
tho defendants goods, there Is an entire
absence of fraud or coluslon us fur ah tho
ovldenco shows '
In tho case ("tnteil betwen tho Iletald
Publishing company and Uaibondnlo
township Judgo Archb ild decides that
there Is no expressed .etatutorj uuthcwlty
for n township to order Its financial re
port printed In u newspaper and holds
that It must eonteht Itself with tho pub
Ih atlon of tho report by means of hand
bills posted In conspicuous pluces.
Half Rates to Indianapolis,
Via Lehigh Valley Knights of Pyth
ias, August JOth-Sept. 10th.
THIS AND THAT.
One of the old-time Luzerne lawyers,
David C. Ilatrlngton, now a urnttlMon-
n In Philadelphia, was yeifrdny ad
mitted to practice nt tho Lackawanna
bar on motion of Attorney W. v.
Luthrope, Ho Is well known to nil tlm
older memboiB of the local bar who
did business before tho county vvas
divided and besides Is widely acquaint
ed In Scrnnton where ho has many In
timate friends and relatives. He In
the father ot Mis. T. J. Foster and tho
luto Mrs. W. I.. Connell.
J. K. Cohen Isn't much of a traveler
nccoidlng to the following fiom the
Wllkes-Dnirc Record: J. R. Cohen was
In town jesterday on a. visit, the llrst
time In twenty jeais. In 1870 ho was
well known hete, being a prosperous
nioichant In the shoo business. Ho Is
now located In Srtnnton. where he Is
In tho wholesale liquor business. Mis.
Cohen Is nt Harvej's Lake, the guest
of Mrs. Leon Levy."
A sign of the times Is tho number of
communications lecolved bv the sec
retary of the Scianton bonid of trade
since peace negotiations began, fiom
persons who wish to organise manu
facturing con panics or find sites. Fiom
the time wai was declaied until peace
talk bgan onlj' ono letter of such kind
was received.
Pilvnle John D. Stanton, of Company
D. Thlitecntn regiment, Is homo on a
thl'ty days' sick leave. He was laid
up for over a month with tvphold fevor
nt lort JIjvi hospital and for many
days his life was dlspalred of. Before
going with the leglment Private Stan
ton .vas steward at the Lackawanna
club.
FIREWORKS POSTPONED.
Rain Makes n Change of Dates Here
Necessary.
Thousands of disappointed people
were contnlned In Scranton and vicin
ity last night when It became known
that It was necensniy to postpone tho
gieat Pain fireworks spectacle, "The
Sinking of the MeiUmac," at Laurel
Hill Paik. Great preparations had
been made for the event bj the man
agement, but they suffered such sell
ous setbacks during all of lost week,
owing to tho tain, that It vvas Impos
sible to cany out their original sched
ule and were forced to make new elates
at nearly all the cities In which they
were announced to appear.
The management had nrranged to
give the exhibition In Lancastei, Hai
risburg and Wllllamspoit last week,
but, owing to the rnlny weather, weie
only able to All theli date in the flist
nnmed place Even theie tliough
billed for Monday night they were
unable to show until Thursday on ac
count of tho rain. Tho enthusiasm was
so gieat that they weie persuaded to
give anothei night theie, but lain on
Frldny compelled them to postpone It
until Saturdaj. This left four unfilled
dates for last week and readily ex
plains the necessltj or postponing the
spectnle here.
When Pain gave tho 'Tall of Pom
pell' here, seveial j ears ago, there was
onlj- two oi three cltar nights out of
two weeks. H is veiy evident that
Pain, great creator of fireworks that
he Is, has not jet been able to mnnu
fnctuie waterproof mateilals so thut
ho can defj- the weathei.
The management announces that
they will Inform tho public definitely
within tho next few days just when
the dlsplajs will take place here. Pui
chasers of seats In advance can either
retain tho tickets purchased, vvhlcn will
bo honored when the exhibition takes
place, or they can call at Powell's
music store nnd have their money ic
turned. DEPARTMENT IMPROVEMENTS.
Fire Committee Decides on Many
Recommendations.
At n meeting of the joint fire de
partment committee last night It vvns
dee'ded to locommend to councils that
a tani and double drop harness be
put chased for the Cumberland Hoso
crm,iiny. a double chop harness and
anothei hoise for the Nay Augs; n
three-lioise-hltch appliance and an ad-
ummer Furnishings
Hero Are a Few Special Values:
Ingrains.
Ever thing to be had worth the having.
New designs. Unique color effects. Spe
cial values at
50c, 65c, 75c.
Straw Hatting.
All this season's Importations. The
coolest, most sanitary covering to bo
found. Here are sample values:
China Matting.
4.50 roll, 10 ynrdi, value $n OO.
S6.00 roll, 10 jarrts, value $8 OO
$8.00 roll, to ;ard. value mo.oo
WILLIAMS & McANULTY
127 Wyoming Avenue.
$
! HOUSE GLEANING SALE:
AT THE STANDARD.
.wKoo' T.n !,,! o..
i l.uvuwa Idll IVIU, tpj.l.U Ljl.lUC, IIIC LftlMlllC ui nuusi, iji.tir. I
v These are beautilul goods, on all the up-to-date lasts. We
shall close them out now at the above price, as we must have
A room for Fall Stock,
! HIGH GRADE SHOES AT A PRICE X
Men's Elegant Tan, summer weight Shoes, $3.50, $7 m
4.00 and 85.00 goods, at the low price of pZ.Z
We specially call vour attention to these High Grade Bar-
0 gains which August offers you at the ,
I STANDARD SHOE STORE, t
HANDIEST STORE IN THE CITY. 217 LACKA, AVE. L
dltlonal horse for the Hook and Lad
der company and a new steamer for
tho Franklin Engine company.
It was nlso decided to recommend
that tho Columbia's combination wag
on bo transfened to tho Nuy Augs
Tho amended specifications suggested
t ir tho new nppniatus for tho Relief
and Columblu companies wero adopted,
.. - .
HONESDALE LIEDERKRANZ.
Will Come to Scianton on nn Excur
sion Today.
A large numbei of Honcsdalc Gel
mans will come to Scrnnton tomorrow
on the excursion of tho Llederkran of
the former city. Tln-y will have theli
outing dining the day ut Central Park
on the South Side.
The visitors will be met by the Ijiw
rence bnnd at tho depot. In the even
ing the Scianton Lledcrkrnnz will
p ii in tic to the patk and paitlclpate In
the outing.
it8Cv.eiff.ti.Vei,;
Kookuood
Most artis
tic Pottery
nude in this
or any other
country. Sole
agents.
Handsomest
de
signs, most
aPwr-iv, riirrrerShrtl-
I ' ' lllllt
glass; none other compares
with it. Sole agents.
Laigest
line of
Choice
No
two
pieces
alike,
MILLAR &PECK
Canteloupes
Egg Plant, Cauliflow
e r , Watermelons,
Blackberries, Peaches,
Plums. Pears, Home
Grown Green Corn,
Tomatoes, Cucumbers
Peas, Green and Wax
Beans.
Pierce'sMarket
Health and Pleasure
for the summer months can be had at
moderato cost at tho
Spring House
Heart Luke, Pa.,
Thoroughlj renovated and lefurnlshcd,
has hot and cold water baths Heart
Lake Is on the lino ot the D , L. & W. it.
It , three miles from Montrose; high ele
vation pure air, puro water, pure milk,
row boats and nsMng tucklo free to
guests. Good blcjclc roads, fine shady
grounds, largo plaz: is dinclng hall. For
prices and particulars write
U. E. CROFUT, Proprietor
Japanese Hatting.
see our lino nt 15c, 20c, 25c, 35o and
40c per yard. Discount by lbs roll.
Tokio Rugs.
Highest quality hand-made same as
Turkish goods. New line Just opened,
specially adapted for tho cottage or the
veranda. All the sizes.
0 VI nt $12.00
10 (I x 7 0 at - 9 OO
H x O at - 6 OO
4x7nt - 5.00
UxOnt - 1.50
Somo special hall rugs, 3x9, 3x12, 3x15.
LINOLEUMS. OILCLOTHS,
WINDOW SHADES.
Everything to bo found in a flrst-class
stock at right prices.
,i .K t.t r A..... oi n F
V
!5P
I i&fifahj;
wm J If
VfrfV a M M
Y Er'Ji
5 134 Wyomini Ava.
t5 "Walk in nnd Look Aiound." aie
2
Great
Midsummer Sale
Immense bargains every
day in the week. Call
early.
8-Qimrt Milk Cans, was
to cents. Sale price . . . 4
jg nutmeg orators, was j
jjjji. 4c. Sale price . , 1 C
S hn.uueled Drinking
... 1 line tie i - AntK
M Sale price .... t-U
?A Enameled Basting
Spoons, was 10 cents, a
Sale pi ice . . . t-L
Galvanized oap Dish, was a
10 cents, Sale price . , t'C
Enameled Pie Plates, o-inch a
size, was 10c. Sale price... nrC
Ladies' and Misses' Gauze
Undeiwcar, worth 10 cents.
Sale price
4c
Bone Hair Pins, weie 10c a
dozen. Sale price, dozen . ,
4c
Fine Engraved Table Tum
blers, worth 5c each. Sale
price, pel hall dozen . . 20 C
Ladies' Leather Belts, nick
el buckles, was 19 cents.
Sale price . . . . IOC
1 adies' Shiit Waist Sets,
gilt or silver, was 10c. Sale s
price, a set . , OC
Chain Pin Sets. 3 pins con
nected with chain, only . . IOC
Balance of our Gilt Belts,
worth 3, to 75c. Sale price 24C
Wire Tea or Coffee Strain
er, black wood handle, was
4 cents. Sale price ... I C
Then you can get a vote on the
Ben Hur Bicycle.
IHE CHEAT 4c. STORE
310 Lacka. Ave.
JOHN II. LADWIG.
iiltsi an
Peaches,
Fancy Melons,
Sweet Potatoes
At Lowest Market Trices.
A. F. KIZER, Prop.
Telephone Connection.
Steam and
Hot Water
HEATING t
Gas, Electric
And Combination
FIXTURES
Electric
Light . . .
WIRING
Charles B. Scott,
119 Franklin Ave.
The Standard
ElectricClocks
No Winding. No Springs.
No Weights. No Repairs.
No Trouble of Any Kind.
At Small Cost.
m.
, UII1UUV)
0NU.V0W UUNNINQ IN hOHAN
TON 8A.VIM1S HANK SINCU DK
CKJiriKU LAbTi VARlhS ONI.V
AllOU r ON i: hKCOND A WEKIC
Merceread 5 Connell,
sole Agents for tUla Territory.
T1IK IjMIQKST AND l'INEST fTOOK
OK CLOUKs, WATCHES, JEWEMIY AND
MI.VEnWAHE IN NOUrHEAHTEIlN
PENNSYLVANIA.
130 Wyoming Avenue.
i com
At Retail.
Coal of tho best quality for domestic uso
nnd ot all tlzes, Including Uuckvrheat and
HlrJteje. delivered In uny part of tlm
city at the lowest price.
Oiders received at the ofllco. first floor.
Commonwealth building, room No. 6;
telephone No 2621 or at the mine, tele
phone No. 272. will be promptly attended
to. Dealers supplied at the mine.
M
VV. T. SMITH.
il