npM ' A
THE SCRANTON TUIUiNJi-TrESDAY, AUGUST "IS. 1899."
' . VVV
"They Call My
Darling Jane',
For sale just ouc week
and over 500 copies gone.
How do you like the
chorus :
Oh! they call my darling Juno.
Il'H n plain, old-fashioned name,
That perhaps don't quite suit
A m;i I ilon no cute.
It's a fairly Rood name, all the same,
Darling Janel
I call her Sweet Repose; 1
She's ns prutty ns n ro-,c. -
She's an old miner's girl.
Ah! my brain's In a whirl,
For I iove her, that every ono knows.
Perry Brothers
205 Wyoming Ave.
AMATEUR PHOTOGRAPHY
Depends largely upon the
supplies. The right kind
at
KEMP'S,
103
Wyoming Avenue
DR. H. B. WARE,
SPECIALIST.
Eye, Ear, Nose and Throat
Will return Sept. 1.
Williams Building, Opp. I'ostolllcc.
uni oUiWjlabe:l
--- -
CITY NOTES
MUKT8 TONICJIIT.-Membcrs of Com.
jmay D, Thlrtenth regiment, are request
ed to meet at tin armory at S p. m.
BANKItri'TCY l'KTITlON.-Thnraas
llnrbcr, florist, of Dunmorc, has boon de
clared u bankrupt. His liabilities are
Jl S50 and his assets $1.60.
VAN COTT COMIXU. Postinnster Van
t'ott, of New York, yesterday engaged
rooms at the Jermyn tor himself and son
during the letter carriers,' convention
week.
I.EOS cnrSHKD.-Thomas liarrett, of
l'rospeet avenue, had his legs badly
crushed while at wo'k at the South mill
Sunda. He was lemoved to Ills home
for treatment.
PAY-DAYS. Tho Delaware and Hud
ton company paid Its employes of tho
Hones-dule branch Saturday. Yesterday
the men at the I'arbondale yard and en
due crews north of this city were paid.
ri:li;askd prom tiik pk.v. Muziai
Vlllard and Fredeilck S. Rogan, Lacka
wanna county prisoners In the Eastern
penitentiary were released yesterday.
They served three years each. Rogan
was convicted of attempting to commit
a criminal assault and Vlllard of but fr
iary. TWO MKN IX.IlTIM.D.-Thomns Hat
field and Martin Mulderlek wero Injured
at ihe Delaware and Hudson freight sta.
lliiL yesterday by a steel rail falling on
their feet. The former sustained a com
pound fracture of the ankle and Mill
ilerlck's foot was badly bruised and
lacerated.
CHILD WAS STILL HORN.-Coroncr
Ttoberts was called to Plicebnrg yester
di afternoon to invchtlgate the cause
of a death, where the services of a physi
cian were not had and where a burial
1'irmlt had been refused. The coroner
found that a child, still born, had ar.
rived at the home of Mr. and Mrs. An
drew Muchs. The mother had not been
nil'-nded by a physician. A burial certlll-
ate was granted.
PROF. GENTRY'S CIRCUS.
It Pleased Two Large Audiences
That Saw It Yesterday.
Prof. Gentry's famous dog, pony anil
monkey show pitched their tents on
the Ash street ground yesterday an 1
gave two wonderful exhibitions.
The afternoon performance was at
tended by a very large crowd and thor
oughly enjoyed by all. The inarching
and military monopuvers of the ponies,
the Jumping and other feats by the
dogs and the stage performance by the
monkeys was entirely as represented
nnd pleased everybody.
A street parade will he given this
morning at 10 o'clock and the perform
ance will be repeated this afternoon
and evenlnar.
SLATE PICKERS ON STRIKE.
Forty slate pickers employed at
Johnson's colliery went on strike yes
terday. They want an Increase in
pay.
The pickers working in the stove
coal chutes -receive .1 cents a day.
They nsk for an Increase of 2," cents
more a day. The boys at the other
chutes want an Increase of 10 cents a
dav.
To the Members of the Republican
County Committee.
Notice Is hereby glvci. that a meeting
of the. Republican county committee of
Lackawanna county will bo held on Sat
urday, August 19. ISM, at 2 o'clock p. ni..
lit Republican headquarters In the Prlco
liulldlng, Scranton, Pa., for the purpose
of fixing a time for holding the primary
telctlon as provided for In rule 7. of the
rules of the Republican party of Lacka
wanna county, which rule reads as fol
lows: "Tho primary election shall l held
each year at the date fixed by the coun
ty committee. Notlco of the date of said
election shall bo given by the chairman
at least thirty ta Mays berore the time
fixed for holding same, by publication In
at leant two Republican papers, published
In Lackawanna county."
Kvery member of the said committee is
earnestly requested to ho present.
By order of
E. N. Wlllard, Chairman.
Attest: J. K. Watklns, Secretary.
ficrnnton, Pa., Aug. II, IS'Ji).
Mrs. Winslow's Soothing Syrup.
Has been used for over FIFTY YKARR
by MILLIONS of MOTHERS for their
CHILDREN WHILE Tl.KTHINO WITH
.PERFECT SUCCESS. 11 SOOTHES th
CHILD. SOFTENS the GUMS. ALLAYS
nil PAIN! CURES WIND COLIC, and
Is tho best remedy for DIARRHOEA.
Sold by Druggists In every part of the
world. Re sure and ask for "Mrs, Wins
low's Soothing Syrup," and take no other
kind, Twenty-live cent a bottle,
POOR DIRECTOR
AN ELECTIVE OFFICE
THAT IS THE DECISION OF
JUDOE H. M. EDWARDS,
Opinion in the Poor Board Case Was
Handed Down Yesterday Frank
J. Dickcrt Is Allowed to Continue
in Ofllce He Was Appointed to
Fill a Vacancy as Is Provided by
the Act of Assembly Act of 1800
Is Constitutional The Full Text
of Judge Edwards Opinion.
Judge II. M. Kd wards yesterday
hnnded down tho Ions expected opin
ion In tho poor board case.. Ho decides
that poor directors should be elected
but hat Frank J. Dlikert Is entitled
to continue as poor director for the
S?outh ward of this city, because he
was appointed to fill n vacancy. The
opinion in full Is as follows:
This proceeding Is Instituted for the
purpose of inqultlng Into the title of
K. J. Dlckert to tho olllce of director ot
the poor ot the Scranton Poor District.
The writ of quo warranto Issued In tho
beginning against F. L. Terppe, who
resigned while the action wus pending.
By proper procedure, under the net of
assembly, Mr. Dlckert was substituted
as respondent, ho having been appoint
ed to fill the vacancy caused by thfi
resignation ot Mr. Terppe. Hence the
parties to the record now before us arc
the Commonwealth, plaintiff, and F. J.
Dlckert, respondent.
It appears that Mr. Terppe was ap
pointed poor director by the President
Judge of our court of Common Pleas,
for the term ot three years from the
third Friday of March. 189G. The ap
pointment was made Mavch 23, 18.
Mr. Terppe, after serving sometime, re
signed his olllce on December II, ISDS,
nnd his resignation wns accepted on the
same day. Thus the territory formerly
known us the South Ward of the Bor
ough of Scranton was left without
representation on the Poor Hoard. In
other words, there- was a vacancy.
On March 2. 1899, F. J. Dlckert was
appointed to (111 this vacancy. An ex
amination of the legislation relating to
the Scranton Poor District leads us to
the conclusion that the regular term
of the representative from the South
"Ward ended Mnrch 17, 1S99, so that
there wns only llfteen days of the term
remaining when .Mr. Dlckert was ap
pointed. He Is now holding over until
his su.'essor Is duly appointed, or
elected, as the law might be determined
on this question. This brief statement
shows the status of the case and the
pleadings as they are now before us.
SEVEN' DIFFERENT ACTS.
The legislation creating the Scranton
Poor District, ns it Is now called, and
regulating Its affairs, is comprised In
seven different acts of assembly or sup
plements. We shall only refer to two.
The consideration of the others Is not
material In the discussion of this case.
The act creating the poor district was
passed April 9, 1SC2, (P. U :t52) under
the title of "An Act to authorize the
erection of a Poor House by the Bor
ough of Dnnmore, Borough of Scran
ton and Township of Providence, In
the County of Luzerne." The only part
ot this act requiring our attention Is to
be found in Section .1, providing for the
filling of vacancies. It Is In these
words: "And in case of a vacancy
occurring in the hoard of directors of
the poor of said boroughs and town
ship, by death, resignation or other
wise. It shall be the duty of the court
of Quarter Sessions of the county of
Luzerne to appoint a suitable person to
fill such ncancy for the unexpired term
of the director causing the same."
A supplement was passed March lfi,
ISCfi, (P. L. 230) having the following
title: "A further supplement to nil act
entitled 'An act to authorize the erec
tion of a poor house by the Borough of
Dunmore, borough of Scranton and
township of Providence, in the county
of Luzerne', approved the 9th day of
April. A. D 1SC2." Section 2 of this
supplemeritnry act provides: "That
hereafter wherever iinv vacancy shall
occur in the board of directors, created
in pursuance of the act to which this
is a supplement, whether such vacancy
occur by the expiration of the term of
otllee, or otherwise, the same shall be
filled bv the appointment of the presi
dent Judge of the Court of Common
Pleas In and for the county of Luzerne,
at a regular term of said court, upon
the petition of at least twenty free
holders from that portion of the district
comprised within said act. In which
the vacancy occurs; that all acts and
parts of acts, Inconsistent herewith,
be nnd the same Is hereby repealed."
TRANSFERS THE POWER.
It Is clear that the supplement trans
fers, the power to III! vacancies from
the Court of Quarter Sessions of Lu
zerne county to the president Judge
of the Court of Common Pleas, and
provides how the president Judge may
be moved to (111 a vacancy, to wit, by
petition. Does tile section quoted do
more than this .' hat Is meant by
the peculiar legislative expression of a
vacancy occurring "at the expiration
of the term," when the organic law of
the district provides for the election
of poor dllectors by the people at regu
lar periods'.' We shall endeavor' to ans
wer this question In the further dis
cussion of the case.
The llrst important question raised
by the relator refers lo the constitu
tionality of the supplement of I MM. It
is claimed that the supplement Is un
constitutional because It violates the
constitutional amendment of 1SP,4.
which provides that no bill shall be
passed by the legislators, containing
more than one subject, which shall be
clearly expressed In the title. Morn
than thirty years have elapsed since
this supplement wns placed upon the
statute book. It came before Hand,
J., for construction in 18SI. ruder It.
poor directors have been appointed
since lSfifJ. but during all these years
no attack has been made upon Us con
stitutionality. The question Is now raised for the
llrst time. A few general principles
must at all times be kept in view In
considering the constitutionality of a
statute. All statutes should be con
strued so as to sustain them, rather
than Ignore them. One suction of a
stntuto may stand the test of Judicial
scrutiny, while another section may
fall. Contemporaneous construction of
a statute and long acquiescence In
the operations of Rs provisions will
often save it from the destructive at
tack of the strict constructionist. But
we need not rely particularly upon
these general principles In this case,
because we are ot the opinion that the
supplement of ISCtl fairly meets the re
quirements of the constitutional
amendment of 18CI.
AUTHORITIES QUOTED
The authorities sustain us In this po
sition. In Allegheny county's Home
case, 77 Pa., 7". the following title
of nn Net of Assembly, passed In 1871.
wus considered sulllclent: "An Act
providing for an equitable division of
property between the county of Alle
gheny and the city of Pittsburg." We
enn do no better than repeat the lan
guage used bv the court in this case:
"The course of decision In this court
has been Intended to carry nut the true
Intent of the amendment of ISfil, as to
the title and subject of bills. Instead
of reporting to sharp criticism, which
must often bring legislation to nought.
The Amendment of 1SC1 was In rub
stance proposed In tho Constitutional
convention of 1837-S, and rejected, be
cause It was feared It would render
legislation too dlfHcult nnd uncertain
nnd lend to litigation. It will not do,
therefore, to Impale the legislation of
the stale upon tho sharp points of
criticism, but we must give each title,
as It comes before us, a reasonable In
terpretation, ut res nmgls velcat quam
percat.
If the title fairly gives notice of the
subject ot the net, so as reasonably to
lead to an Inquiry Into the body of the
bill, It Is all thnt Is necessary. It need
not ba an Index to the contents as has
often been said But on the other
hand It should not mislead or lend
to avert Inquiry Into the contents, ns
was held In the case of tho Union Pas
senger Railway company, decided at
Philadelphia In 1873. In view of tills
current of decision wo cannot ray that
this title Is too vague or Is mislead
ing. It substantially, tlvough without
partltulailty. described the subject of
the net and Its purpose."
The subject Is further discussed In
Slate Line and Juniata Railroad Com
pany's Appeal, 77 Pa.. 129. In 1870 the
legislature passed "An act to Incor
porate the State Line nnd Juniata
Railroad." Supplements wore passed
In 1R71 and 1K72. In this case the rule
li laid down that where the legisla
tion In tho supplement Is germane to
the sublect of the original bill, the
object of such tuppleiiienl Is sufficient
l.v expressed In the title. Paxon, .1..
found on Investigation that from 1RG4
to lf7f about fourteen hundred "sup
plements" nnd "further supplements"
were passed by the legislating
SHOWS THE CONSTRUCTION.
He says: "This Is Importnnt. not
only ns showing the extent of the In
terests to be affected by our decision,
but also as exhibiting the uniform con
struction placed upon this section
(amendment of ISfil) by the legisla
tive and executive departments of the
government. While we are not bound
by thvlr construetlrn. It Is neverthe
less entitled to weight, and should al
ways be treated with respect. In view
of this unbroken current of legislation.
(Continued on Pfge s.l
CONCERNING RIFLE PRACTICE.
Order That Has Been Issued by Col
onel L. A. Watres.
The following order has been Issued
by Colonel L. A. Watres, of the Thir
teenth ward:
Headquarters Thirteenth Regiment In
fantry. Third Brigade. N. G. P.
Scranton, Aug. It, 1S99.
Regimental Orders, No. 1.
I. Rees Watklns Is hereby temporar
ily assigned to duty us Inspector of
rllle practice. He w ill be respected and
obeyed accordingly.
II. The following matters pertaining
to rllle practice for the season of 1891
are hereby published for the guidance
of this regiment:
The season for practice on the sev
eral ranges controlled by the respect
ive companies will be opened August 14
and continue until October Si. All
qualifying scores must be shot under
the supervision of the Inspector of rllle
practice, the range master, or some one
authorized by the above-named per
sons to take the scores; and under no
circumstances will a qualifying score
be accepted unless certified to by either
of the above persons. a
Richard Barron Is hereby appointed
assistant range master of the Dickson
rllle range. He will be at the range
from 1.30 p. m. to B.riO p. m. dally, and
the following rules will be observed:
The range will be open for use after
noons only, but any member of the
regiment desirous of shooting In the
forenoon for the purpose of qualifying
will be allowed the privilege by giving
one day's notice to the range master
and defraying the expense of markers.
No one shall use the' range unless the
inspector of rllle practice, the range
master or some other authorized per
son Is In charge.
There being no days set apart as spe
cial qualifying days, members of the
regiment may quallfv at any time by
first notifying the range master or offi
cer In charge.
Men who have not previously quail
fled as marksmen will be taken to the
range for practice and must be accom
panied by a proficient Instructor, and
will not be allowed to lire over the
range unless so ncconipanled.
'Every man who has never before
qualified as a marksman will b? re
quired to shoot at three ranges 100.
200 and .100 yards, and will be allowed
live shots and no more la one entry at
each range, beginning always at the
100 yard. aidnecr tiring at a longer
range until he has shown reasonable
proficiency at the next shorter range.
Recruits who huve enlisted since Oc
tober 31, 1897. and who succeed In mak
ing a total score of thlity points at 100.
200 and r,00 yards, live consecutive shots
ut each range, shall be rated as a third
class marksman, and may re-enter the
same season for qualification In the
higher class.
It Is understood that the soldier may
practice from time to time during tho
season, but when he proposes to qualify
he must declare his Intention of so
doing to Uie olllcer In charge of the
range before he II res the llrst shot on
Ills score.
When u soldier declares his intention i
to qunllfy'as a marksman he will not
be permitted to lire more than seven
t-iiots at each range; the llrst two to
be warming or sighting shots and not
to be n part of the score; the last live
shots to be the score. Before shooting
at the range the soldier must stnte
whether or not he intends to fire warm
ing shots. If wanning shots are not
used, only five shots are to be llred.
Every member of this regiment must
qualify as a marksman this year. No
Infantry man Is fit to carry a illte
unless he is able to qualify as a' marks
man. The loading of any rllle on the range
Is strictly forbidden except by the
marksman at the firing uolnts whose
turn It Is to shoot jind by him only
when the danger signal Is down. Load
ing rllle and closing breech-block shall
be done with the rllle pointing down
ward and toward the target.
No one except the men actually tir
ing and the Instructors will be allowed
near the llrlng points, and all loud talk
ing and Interference lu any wny with
the person shooting Is forbidden.
Marksmen shooting on the wrong tar
gut may be debarred from the range
for the season, or lu proper cases may
be simply fined.
The commanding officers of Com
panies E. G, I nnd M will see that all
qualification scores are shot under the
Immediate supervision of the acting In
spector of their commands, to be ap
pointed, and that all scores made the
previous mouth are sent to these head
quarters promptly on the first of each
month, and their accuracy vouched for
by the company Inspector.
Tho commanding officers of Com
panies F, K nnd L are requested to
rIvb personal attention to the Immedi
ate qualification of the men while they
have free use of tho range.
By order of
L. A. Watres, Colonel.
Rooms Wanted for Firemen's Con
vention, with or without bourd. Kindly notify
secretary, city hall, as soon as possible.
Steam Heating and Plumbing.
P. F. & M. T. Howley,231 Wyoming ave.
Horsford's Acid Phosphate
promotes digestion and corrects
acidity of tho stomach.
Genuine bears name Horsford's on wrapper.
TROLLEY ROAD
CANN0TBE BUILT
JUDGE GUNSTER CONTINUES
THE INJUNCTION.
Is of the Oplnlotv That There Is Evi
dence of Brlbory in the Manner
in Which the Councllmcn of Old
Forge Wore Dealt With by the Of
ficials of tho Company Council
Passed the Franchise Ordinance
Over the Veto of the Durgess.
Testimony is Invalid.
In the equity case of Charles J.
Keogh and others, taxpayers of Old
Forge borough against the Plttston &
Scranton railway company an opinion
was handed down yesterday by Judge
F. W. Ounster continuing tho prollmln,
uty Injunction heretofore granted.
Judge Ounster Is of tho opinion that
the franchise to construct the road was
obtained by bribery. Ills opinion Is
ns follows:
The plnintlffs are residents and prop
erty owners ot the borough ot Old
Forge, lu this county. The defendant
Is a corporation purporting to hat'e
been Incorporated under the Act of 18S9.
Articles of association were submitted
to the governor of the commonwealth
on the 7th of November, 1898, and let
ters patent w.ro thereupon directed by
him to be issued nnd utiou the sain
date letters patent were Issued. The
articles of association were duly re
corded In this county on the ltith of
May. 1S99, In charter hook No. .", pag.
76, etc.
The streets and highways upon which
the railway proposed to be constructed
and the circuit of the route ore tie.
scribed lu the articles of association as
follows, viz.: Beginning on the main
road leading from Rendham to Pltts
ton In Old Forge township, Lacka
wanna county, running thence south
erly ulong said public road to n point
on said load within about COO feet from
the railroad tracks of the Lackawanna
anil Bloomsburg railroad; thence along
the street at this point to Its inter
section witli tile said road leading to
Plttston. and to a point "on said road
on the dividing Hue between the town
ship of Old Forge In Iacl(iiwanna
county and the township of Marry In
Luzerne county, together with a loop
or circuit from the point above men
tioned where the road branches off
from the main road running along said
public highway towards Plttston until
It again Intersects with the line nhove
set forth on said public highway.
RESOLUTION ADOPTRD.
In June. 1S99. the council of the bor
ough of Old Forge, by an ordinance en
titled "An ordinance authorizing the
construction and iteration of a street
railway In the borough of Old Forge
by the Plttston and Scranton Street
Railway company." undertook to grant
the consent of the borough of Old Forge
to said company to lay tracks with the
necessary switches and turnouts, and
to erect the necessary poles and wires,
and operate Its road by electric power.
The burgess, by veto dated June 12,
1S99. vetoed the ordinance, but the
council, by a vote of five in favor there
of, passed the ordinance over the veto.
Sometime after the passage of the or
dinance the defendant company con
ti acted with the Scranton Railway
company to construct the street rail
way over the line mentioned In the
resolution and ordinance, for the de
fendant comoany. and the Scranton
Railway company began to do the work
when the present bill was Hied and the
preliminary inlunctlon granted.
The plaintiffs pray not only for an
I Injunction against the construction oi
the said railroad, but they also prav
that the charter of the street railway
, company be declared Illegal and void,
and that the ordinance passed In their
i behalf be also declared illegal and void,
together with further relief.
I The bill not only seeks to attuck the
' Incorporation of the borough of Old
Forge, and In that way to destroy the
I effect of the ordinance mentioned, but
It further charges that the action of
I the counillmen In passing the ordi
nance over the veto of the burgess was
i Improvident and against the Interests
I of the municipality, and of great and
1 Irreparable damage and loss to the
plaintiffs: that the said ordinance was
fraudulently and corruptly procured to
li,- passed by said street railway corn-
.,.! I. .,.,...,. u n.,,1 ll.n, ..n. l.i
V. '"':..... .r :. 1. ; ,. ;; V.V i
couiuilmen. divers gifts and bribes
were offered, promised and given to
them, by said street railway company
and their agents, to procure the pass
age of said ordinance, and that said
ordinance was drawn up and prepared
by said company and Its agents: that
the said street railway company has
no lawful charter to build, operate,
maintain and contiol a street railway
along the above-named streets; and
,ll,lt ,l1", ordlnar.ee under which It Is
proposed to construct said street rail
way is Illegal and void in its provis
ions because a portion of the route bv
which It Is proposed to make a loop in
said Hue is not on a public highway,
but is across private property and
Ileitis for nearly one-quarter of a mile,
and aiso crosses a public highway.
VESTED IN AUTHORITIES.
1 do not consider It necessary at pres
ent to discuss In detail all the objec
tions made to the construction of the
road. 1 declined to heur evidence as to
the wisdom or Improvidence of the
councllmen In passing the ordinance In
question, as In my opinion that matter
Is entirely vested In the borough au
thorities and not In the court. The oh
' Jectlons made to the Incorporation of
j the defendant company do not appear
I to be well founded, and plaintiffs are
I lu no position to attack the validity of
1 their charter lu this case. As to. the
objection that a part of the route will
be over private property It is sulllclent
to say that "passenger railways under
the Act of 1889 may diverge for a short
distance where the conformation of the
surface or the position of streams make
It necessary In order to avoid discom
fort or danger to the traveling public,
and It may be added, to avoid grade
crossings, or for any other reason
amounting to necessity or what Is the
samo thing in such matters, great pub
lic convenience. The occasion of such
divergence and Its extent are ques
tions of location and the decision of
them primarily Is in the discretion of
tho railroad company, ir the variance
from the charter route is greater than
is necessary, or the charter route Itself
Is open to objection, the commonwealth
alone can be heard to make It In the
interest of the general public." Rulin
Township vs. Railway Co., 167 Pa S4
and 90; Pennsylvania Ralhoad Co. vs.
Street Railway Co.. 170 Pa. cr,9 and 577.'
As already stated, the divergence
over private property in the present
case Is for the purpose of avoiding a
dangerous grade crossing, and the de
fendant company have secured the
light to cross the private property from
the owner thereof.
The charge of bribery and corruption
presents a more serious question. The
testimony uncontradicted and unex
plained leaves 110 room for doubt that
an attempt was made on behalf of the
defendant company to bribe at least
some of the eouncUmen of tho borough
In order to secure the passage of the
ordinance In question.
AN INFERENCE WARRANTED.
Whether the attempt was successful
Is not so clear, but there Is evidence
enough to warrant that Inference, It
nniieiii-H from the testimony that one
1 P. W. Gallagher, representing the de
fondant company, made a proposition
to IP. F. Coyne, a member of the bor
ough council, to pay to each or the
councllmen one hundred dollars wht?.a
the ordinance passed, and this propo
sition appears to have been made
known by Mr. Coyne to Mr. Monroe,
Mr. Staff and Mr. Clallagher, who were
members of the borough council. It Is
perhaps proper to quote from the tes
timony of Mr. Coyne himself. He wus
called nnd examined as a witness on
the part of tho plaintiffs. Among other
things, he testllled as follows:
"Q. What did Mr. Gallagher say to
you In regard to yourself and other
members of the council receiving re
wards In this matter? A. Ho gave me
a book, it pass to ride on the street car
free, and he told me he would pay me,
each nnd every one of the councllmen,
ono hundred dollars when thnt ordi
nance would be passed, for election ex
penses. "Q. Have you that book here?' A.
Tes, sir. (Witness produces book.)
"Q. State whether that Is the book
that was given you by Mr. Oallagher
at the time you refer to? A. Yes.
"Q. What wns the value of that book
when he- gave It to you? A. Well, I
don't know what they charge for them;
there was a hundred passes In It.
"Q. Is the Mr. Gallagher you refer to
this gentleman sitting here? A. That
Is the man.
"Q. You have mentioned two conver
sations you had with Mr. Gallagher; at
which one did he give you this book?
A. This was the first conversation.
"Q. Where wns that? A. Down at
Father Jordan's house.
"Q. Wns It In the house or at the
house? A In the hfluse.
WHAT COYNF. SAID.
"Q. Tell us all you can .that was said
nt that conversation, relate the whole
conversation with reference to this
matter? A. Well, tlierf- was word at
the house for me when I came home,
he wanted to see me: I went down
there and went Into the sitting room
nnd sat down and he came In in a min
ute or two after, and he said, 'air.
Coyne, you was In town today,' and I
said. 'Yes,' and he said. 'Here, take
this with you. It might help you along,
nnd he liandeM me the book, and I told
him It wouldn't be any good to me that
day because 1 had my horse nnd wagon
with me. and then he read the ordi
nance over and asked me how that
would suit mo, and I said It was all
right as far as It was given, and lie
said. 'When this passes I will pay you
each and every man one hundred dol
lars and I won't pay any more, for
election expenses.' and I told him he
couldn't have my vote until he did
what was right with the people of Old
Forge If he put a barrel In my cellar,
and then I went home."
When nsked upon cross-examination
as to what he had said at the Rock
away hotel, where he met the other
councllmen mentioned, he answered.
"The understanding was first we would
get what the people wanted, nnd then
If they wanted to pay our expenses
they would pay more than a hundred
dollars: that was the understanding."
It appears that Mr. Staff had been
Informed by someone that Mr. Gal
lagher had been told that the council-
men were all poor men, ana mm n.
would be nothing but right for the com
pany to pay the expenses of their elec
tion, and Mr. Gallagher himself stated
to Mr. Staff that the company reckoned
to pay the council's election expenses.
It appears from the testimony that Mr.
Monroe. Mr. Staff and Mr. Gallagher
were rmionir the councllmen who voted
in favor of the ordinance; Mr. Coyne
voted against It.
WERE GIVEN BOOKS.
In addition to the circumstances men
tioned is the fact that at least live
members of the council, all except Mr.
Blancardi and Mr. Kllcoyne.were given
ticket books or pass-books containing
one hundred tickets, by Mr. Gallagher.
To Mr. Stevens he gave the pass wane
thev were at Babylon and where Mr.
Stevens was trying to explain to Mr.
Gallngher where one of the retaining
walls, a part of the railway construc
tion, wus to be built. Mr. Gallagher,
another councilman, was given a ticket
book while in conversation concerning
the ordinance with P. W. Gallagher In
the council room. Mr. Monroe testifies
that he received a pass-book from Mr.
Gallagher at the meeting at which the
burgess' veto was read and Immedi
ately after he had voted to pass the
ordinance over the veto. Mr. Coyne
also had received a pass-book, although
It appears that he voted against the
ordinance, whether for the reason sug
gested In his testimony does not ap
pear. It was argued by counsel for the de
fendant that It Is customary to furnish
councllmen with free passes. The cus-
,.. M-,.,l,nl....,l.,iA d,l nn-nlfilniltl
.IOI11 IS mill lluirniillir .1..1. ,.1 .......... .
: and the sooner It l broken U the m -
ter It will be for the community. It Is
In direct violation of Section S. Article
17. of the Constitution of 1S74. which
provides that "No railroad, railway or
other transportation company shall
grant free passes or passes at a dis
count to any person except olllcers or
emnloves of the company." And the
I Act of June 1.".. 1S74. P. L. 289. which
1 provides that "No railroad, railway or
1 other transportation company having
j accepted the provisions of the seven
I teenth article of the Constitution, or
hereafter organized, shall grant free
I passes or passes at a discount to any
person except to an olllcer or employe
or the company issuing me same,
under a penalty.
IT THROWS A CLOUD.
Without Intending to prejudice the
final disposition of the case, the evi
dence as It now stands throws such a
cloud upon the ordinance In question
Unit nt this preliminary stage of the
case It should be treated as if It had
been procured by bribery, and If that
nosltlon be correct then the present In-
' junction must be continued. "Where
! the consent of a supervisor to the use
' of a township road by an electric rail
way company was given In considera
tion of the promise of the rallwuv chm
1 pany to provide employment for the
! supervisor and his son nt an agreed
, price per day. it Is a plain case of
1 bribery and the consent Is Invalid."
1 Lehigh Coal and Navigation Co. vs.
! Inter-County Street Railway, 1fi7 Pa.
I 73. "A consent by a supervisor to the
use of the township road bv a street
railway company Is Invalid where It
appears It was extorted from him by
j the threat to have him arrested for
' fraudulently giving his consent to an
I other company for a private considera
tion followed by a promise to give him
' tiie same consideration." Tamaqua
1 Rallwuv vs. Inter-County Street Unll
! way. 1C7 P.i. 91.
The rule is made absolute and the
Injunction heretofore granted Is con
tinued until otherwise ordered.
St. Catherine's congregation ot Mos
cow will hold Its annual outing at Mt.
Poeonn, Wednesday. Aug. 16. Tickets
are $1.00 for adults and half price for
children and are good on the excursion
train which leaves D.. L. & W. station.
Scranton. at 9 a.m. Luncheon will be
served and there will be music, danc
ing and omusements of all kinds.
Friends from Hyde Park and other
parts of the city are Invited to spend
the day with us at the beautiful park
among tho lofty Pocono hills.
Smoke tho Hotel Jermyn Cigar, 10c
5EsasusnuzrancJs2saCTTCn5TiASZ5Uzsuvi
BEECH AM S
Curo Intflpaullon,
OonallpaV.Qn,
Sick Hosclacho.
10 cents and 25 ccnti, at all drug itores.
-
Copenhagen
All opportunity to buy such Roods at one-third bflow regular value. The
story which leads up to the opportunity to buy such ware doesn't Interest vou.
That's our affair. It's the price we sell theni at that is of importance to you. They
are of very line China, each stamped with trade mirk of factory, th decorations
exquisite. Individual Butters, toe. Manicure Trays. 50:. Comb and brush Trays
7c. Bisque Jars, St. 00. Salad or l-"rult Dishes. 51.25. Cake Plates, Si.oo. Jelly
Dishes, 7Sv.
Millar & Peck,
DIVORCE MILL DID
A BIG DAY'S WORK
SIXTEEN UNHAPPY COUPLES
WERE SET FREE.
Two Other Divorces Are as Good as
Granted, Rules for Divorces Hav
ing Been Made Absolute Proceed
ings Stayed in the Case of Duffy
Against Duffy Four Applications
for Divorce Were Filed Yesterday.
Those Who Ask to Have the
Chains of Matrimony Stricken Off.
Lackawanna county's divorce mill
did Us greatest day's work yesterday.
Sixteen absolute divorces were grant
ed and rules for divorces in two other
cases were made absolute. All that
now remains to be done Is to draw a
formal decree In these two cases. That
the divorce mill might not lack work
four new divorce cases were begun.
Susan K. Payne was granted a di
vorce from Alfred Payne to whom she
was married June 8, 1889. They lived
together until November 28, 1898, when
she left him because of cruel treat
ment. John I.. Benton wns divorced from
Cornelia T. Benton. Desertion wns the
ground on which the divorce was
grantell. They were married January
30. 1880, nnd Mrs. Benton left her hus
band August 31, 1890.
On the ground of unfaithfulness Eu
gene Evans secured a divorce from
Mary Evans to whom he was married
March 29, 1891. John Moron was the
corespondent In the proceedings.
Isaac W. Cowperthwalte was legally
separated from Augusta May Cow
perthwalte because she deserted him.
They were married February 24, 1S8",
and Mrs. Coperthwalte left her hus
band February It,. 1894.
Because her husband treated her In
a cruel and barbarous manner Ber
tha Palmer was granted a divorce from
William II. Palmer. They were mar
ried October 18. 1893. and she was
compelled to leave him In May, 1893.
A CRUEL HUSBAND.
Fva R. King, who was divorced
from Charles F. King, had a stormy
matrimonial career. They wete mar
ried March 2). 189.t, and in November,
1891. sho was compelled to leave him.
He frequently bcut her and was ar
rested and convicted In Dauphin coun
ty for nn alleged attempt to cut her
throat. Mrs King ays she believes
her husband Is now a fugitive from
Justice.
Mary A. Jenkins was deserted by
Charles E. Jenkins and she was gi ant
ed a divorce. They were married
August 3. 1881. in West Scranton
and Mrs. Jenkins says her husband de
serted her In February. 1812.
Mi'.rv Phillips was divorced from
John K. Phllllos to whom she was
married June 20, 1891. They lived to
gether until November 30, 1897, when
Mrs. Phillips says she was compelled
to leave her husband's house because
of the cruel manner In which he treat
ed her.
Sarah J. Moore and William A.
Moore were man led Mar ii 2". 1897.
but Mts. Moore alleges that nil" was
compelled to wlthdiaw from her hus
band's home on April 1". 189. because
of the cruel manner In which he treat
ed her. She was granted a divorce.
HE WAS UNFAITHFUL.
Cruel and lmrbaious treatment and
unfaithfulness with Annie Kuchtor.
wt's the ground on which Diana. Scho
lleld wus granted a dlvoice from Al
fred Sehoflekl. They were married
November 23, ISStf. and lived together
until Jtuiuarv 1. 18!4.
Grace B. Gcer was granted a di
vorce from Ttain-oin F. Geer. Cruelty
was the ground. They were mm Med
August 14. 1891, and lived together un
til Muy 13. 1893.
John Galella secured 11 divorce from
Marin because she deserted him. They
were married J'.nunry 10, 1891, and
Mrs. Galella left her husband Septem
ber 10. 1891.
Wesley Stanton wns divorced from
Louisa Stanton to whom he was mar-
lied in Carbondale November 23. 1S91.
On January 20. 1897, Mrs. Stanton left
her husband and has since persisted
lu her desertion.
Hannah Tlplady was divorced from
Joseph Tlplady because he abused her
and brutally beat her. On April 2.
1883. they were married and separated
March 30, 189'i.
Mary Reupert alleges that her hus
band. Charles Reupert. Is an habitual
drunkard, and nbus-es her shamefully.
She was granted a divorce. They we-,-nianied
Muy C. ISS;. and separated In
October. 1897.
Annie Andrakus was also granted a
divorce from Anthony Andrakus.
In the case of King against King a
rule for divorce was made absolute,
nnd In the case of Swartz against
Swnrtz a similar rule was made abso
lute. Proceedings were staved In the
case of Duffy ngalust Duffy.
DINORCKS APPLIED FOR.
David T. Brown asks a divorce from
Lottie Brown to whom ho was mar
ried January 28, 1896. They lived to
gether until Mav 10. 1899. Brown
charges his wife with unfaithfulness
with Henry Jones and others. He also
alleges that his wife Indicted personal
abuse upon him.
Pauline Scheuer wants her marriage
with Henry Schoue declared null and
void because of the cruel treatment
sho suffered nt his hands. They were
married May 11 of this year and rep
arated July 3), 1S99. She charges hhn
w
.III If UlUlIM
13A Wyoming Ave.
"Walk In and'look around."
with unfaithfulness. Sarah Smith U
named as corespondont.
John CI. Webster asks a divorce
from Clara Webster, the divorced
wife or ex-County Commissioner "Bill"
Frantz. They were married August
4. 1897, nnd lived together until No.
vember 19. 1S98. Cruel treatment il
the ground on which the divorce 1
asked.
Ida M. Haldemnn says that her hus
band. Jerome L. Hnldemnn, has desert
ed her without cause and she therefora
asks n divorce. They were married
March 3, 1S81. and lived together until
January 3. IS'lS.
in all our lines during
August Sale.
-- -t- -f 4- -f 4 -f 4-f - 4- -M-r-f 4-f tV
X Special Sale X
High Grade, Light
and riedium Weight
In
Polka-Dot Handker-
chief Scarfs XdC
Special line of Fan- M
-f
cy Hose IOC
2 (or 25c.
AT
I LOUIS IL ISAACS
Successor to
X Bronson & Tallman
4- 412 Spruce St.
M-4
Yu Ba Dam
The latest comic song, and
many other new records, in
cluding "Ragged William"
(two-step), just received at
our Phonograph Parlors. We
have the most complete stock
of Phonographs and Supplies
in the city.
You are invited to call and
hear them.
Chas. B. Scott
H9 Franklin Avenue.
SUMMER RESORTS.
PENNSYLVANIA.
Elmwood Hall
Elmhurst, Pa.
'Formerly Hotel I'.lnihnrit. I
Open All the Year.
Tills hotel hni beau remodeldl and refill 1,
throughout and will op:n It door Juno it,
Kor rate, etc, call on or ucMnm
DR. W. H.H. BULL
EIM HURST, PA,
THE WIIJOL-A,
An Ideal Health Resort, Hcauti
fully Situated with Full
Luke View.
Absolutely free from malaria and mes
qultoes, boatt'ig. tuning, dancing, tennis,
oichestra, etc ; pure Llthta water spring;
plenty of old shade, pine grove ot largo
trees surround hotel, excellent table;
rates reasonable; capacity ot lio.isa. 2W.
Illustrated booklet and referencas uii up
plication.
C. E FREAR LAKE WINOLA, PA
SPRING GROVE HOUSE,
Lake Carey. Wyomlnc County, Pa.
Beautifully located: good fishing: boat
ing and bathing. Table unexcelled. D
L. A W. II. II., Bloomsburg division, train
leaving Scrunton at 1I.5& p. m.. makes di
rect connections via LvhlBh Valley to
Lake. JOHN 11. JUNKS. Prop.
FERN HALL.,
Crystal LakeRefined Family Resort
Klase leave C'arbondalo for Kern Hall at
fl.lio p 111 Miuj louvei l''crn Hull for Ca.
bomlaloiit rt.llo a, 111. Telephone Connec
tion! "I'era Hall," pay station.
C. E. JOHNSON, Manager.
1'oiiofl.co AddreM UaudanVL'a - -
ill li
iMMR I