6 THE SCRANTON TRIBUNE-TUESDAY, OCTOBER 3, 1899. Special Inducements On all our Pianos and Organs LUDW1CBR1GCS.VQSE And Others. Ferry Brothers '20r Wyoming Ave, SCRANTON ce BEST IN TOWN. Per ic mi.ifK v i LACKAWANNA DAIRY CO 1 elcrlitno Orders Promptly Do.lvered 3iy321 Adun.a Avenua. DR. A. A. LINDABURY. f j cc allies Suigsi-y, Llsedii. 01 Women CfTrelloun 1 t I'ii. m J to ! p. m At l'rmdcrco " to H p. m Office 'Jin Council Itul'illn? Itoildoaca JKloouth Mam Avenue. Scranton Transfer Co., llUflll J. KAUNAS'. Manager. 'Iccki l'njiingc illiect from resldoiice to ntij iiariul Hie l'ulto.1 Statot. Ofllt'c 10!) LarKii. Ave. Phono 525 C S. SNYDER, The Only Dentist In tlu city Who Isn Graduate In Medlcluu 420-422 SPRUCE STREET. DR. 11. B. WARE, SPECIALIST. Eye, Ear, Nose and Throat Office Hours -3 n. m to 12.30 p. m ; 2 to 4. Williams Building. Opp. Postolllce. ---- CITY NOTES " HOAKIJ OF UKAI.TII Mi:i:TINU.-A tegular meeting of tlio boatd of health will take place tomorrow night. .mi:i:tinc; today.-tiio central vo- ninu'H Christian Tempt luuco union will meet this afternoon at 3 o'clock In Guern icy's hall. A full attendance Is required. ART SKCTION JIHHTS.-Tho first meeting of the art section of the CirCen JUdgo Women's club will liu held at tho Green Hldgo library Tuesday, October 3, nl I p. in. All membeiH are requested to bo present. NO cnnUITOltS APPEARED. Thoro veto no responses to the call for a meet ing of tho creditor of Joseph J. Klein, polltlciuT in bankruptcy, scheduled to take place In Referee C A. Vcn Wormer's olllco yesterday Ht'SINi:S3 SIKKTINU.-The Ladles' Aid of the 1'nlversullst church will have a business meeting and serial Friday af ternoon at the home of Mrs. A. It. Nlcol, 170S Sanderson avenue. The gentlemen am cordially Invited to tiiko tea with them. WHUK'S ILVCHXGKS. The following wtto the exchanges at tho Serantou clearing hotiru iJSt week: Monday $131, a,tr.3i Tuesday. $S3l.il 10; Wednesday, 4Sn.69l.2l: Thursday. 20l.r.fiS.3t: Friday. $ti.,.;iS0.C0; Saturday. 513J,GS',.75; total, ?!. 11J.STI.72. VJHATil HATJ:. Thirty-four deaths, two nboro tho average, were reported lust week to tho board of health. Tltreo of theso were from diphtheria and ono fiom Uphold fever. Twelvo new eases of diphtheria were reported; two of tjphold fever and one of scarlet fover. JUMPING ON CAItS.-Jumes Urown. of 1S00 Pittston nvenue. was arrested at tho Notch yesterday foi Jumping on tho cars. The boy was caught by Special Of Jlcer Durkln and brought to this city. Ho was given a hearing before Alderman John T. Ilowo and was fined 5 und costs. Brown wus remanded until the lino was paid. .HAPTIKT PASTORS. - Tho regular weekly conferences of the Uaptlst Pas tors' union were resumed yesterday In tho Penn Avenuo Uaptlst church, Rev. J. It. Klls. presided. Rev. D. J. Williams, of Pockvllle, who recently returned from n visit abroad, spoke on "ISchoes from thu Hills of Wale." Tho talk was thoroughly enjoyed by tho pastors present. KLMIirnST COUPLB MARRIKD Hcnry Welsol and Mrs. Frances Tooley, of Llmluirst. camo to tho city yesterday sml procured u murrlugo license from Clerk of the Courts Thomas I'. Daniels. They Immediately repultecl to Alderman Millar's ofllce where they were united. Vho ceremony was quietly performed, tho cuuplo being unattended. Mr. nnd Mrs. Welcl nftcrwurds roturned to Rlmhursn OVKUCOMi: BY GAS.-A tramp who gave Ilia nnma as William Tleruan, was found In nn unconscious condition at the South mill of tho Lackawanna Iron and Hteel company yesterday morning. Tho Lackawanna hospital ambulanco was sent for and he was removed io tho hospital An examination showed that he had been overcome by gas while- sleeping between tho large boilers, TIernan was In good fhapo last night. Journeymen Plumbers, 540 6pruoo street, telephone 1093, union(w:abeu LAST WEEK OF THE COMMON PLEAS TERM A LARGE NUMBER OF OASES WERE CONTINUED. Tho Only Caso Put on Trinl Yester day was Oharloa II. Lowory Against Aloxandor Morrison Fat rick II. Bergou Objects to Boing Ignored by tho Borough Council of Mayfleld and Appeals to tho Court. Application for tho Division of Old Forgo Into Wards. The third nnd last week of the pre.i out term of common pleas court opened yesterday morning, but owing to the numerous icn.uo.sttt for the continu ance of cases Hie court had only one case to try during the day. As the main court room Is being used by tho Ilremen, court was held In the Smierlor court room and In No. 2. Judge H. M. EdwnrdH presided In the former and Judge K. W. aunster In the latter. When the list was called In tho morn ing cases were disposed of as follows: Settled William Cook against M. T. Keller, wages: Thomas Sullivan ngulnst JClk Hill Coal and Iron com pany, wages; J. C. Miles against K. Kuth Stone, ejectment; George L. Tim lin ngalnst John Swallow, appeal; Winifred Teeple ngulnst the New York. Ontario and Western Ilallroad com pany, trespass. Continued J. W. Guernsey ngalnst W. C. Ford and others; J. S. Smith and others ugalr.st P. E. Loomls and other.", David Spttiks against Hlce. Levy & Co., lntt pleader; J. n. Cleveland aga-nst John T Jones, nppeal; John 11. Snyder against Austin Coal company, asinru sit, Mary Uarrett ugulnst .lolin Put nier and others, appeal; Keuin-v l.roth ers against James Dnvltt, nnn vl; Vlll lam F. Urady against Mln.i IloMnson trespass; Catharine Sulliwin against the City of Scrnnton, trespass; Charles Cavanaush against Mien Klnn.ul and others, ejectment, Lebeck & 'Torln against J. H. Woolsey & Co. and John Jermyn, trespass; J. O. lingers against M. Hollander, appeal; Iilchard 11. Will iams against Isaac I Hand aiyl others, executors, assumpsit: Milton Zerfnss against Scranton Traction company. In the ease of Andrew Diskln against tho Greenwood Coal company, limited, a non-suit under the Act of 1812 was granted, the plaintiff failing to put in an appearance. The only case tried was heard before Judge Gunster. Charles II. Lowery is the plaintiff and Alexander Morrison the defendant. Lowery owns a farm at Scott, which he leased to Morrison. lie is now sulns to recover $197.no lent, which he alleges Is due him. Moirison pioduced receipts signed with Lowery's name for rent amounting to $110 and he also alleges that he paid taxes for Lowery and furnished him with vege tables, so that In reality Lowery owes lilm $30. Tlie case was given to the Jury ht 4.30. Attorney W. S. Huls lander appeared for the plaintiff nnd Attorney C. W. Dawson for the de fendant. Tho Lanrratnr Contest. There will be no testimony taken this week In the Langstuff election con test. The respondents closed their side of the cuse Saturday nnd the con testant was expected to begin yester day to offer evidence In rebuttal, court having allowed thirty-live days for that purpose. Attorney II. H. Holgate. of counsel for the contestant, asked the court yesterday morning for permission to have their thlrty-llve days begin next Monday, as they were not ready at this time to begin to offer testimony. Court refused to grand the request , but said that at the expiration of the thirty-five days they will listen to a request for extension of time. If all o' the content's rebuttal testimony is not then in. The contestant will offer no testimony this week and take chances on an extension of tlmo !ute. Decree in Coray-Jenkins Case. In the matter of exceptions to (hid ings of fact and conclusions of law in the case of K. A. Corny nga!ii3t John S. Jenkins, Judge Gunster yester day handed down the following decree; "That an account be taken between the parties of and concerning tho mat ters complained of In the bill of com plaint; that the injunction heretofore granted in this case be In the mean time continued restalnlng the defen dant from making any transfer or dis position of any property held by him in trust for the plaintiff, or If nny property acquired by him by means of that placed In his hands by the plain tiff until said account is settled and the consideration of all other matters Is reserved until the settlement of said account." Evans Feol3 Aggrieved. Daniel J. Evans, of West Scrnnton, yesterday brought action against Davis nnd Herman Knglehart hecaus-' of slanderous words lie alless they uttered against him. In his declaration Evans charges Da vis and Hnglehart with having public ly charged with him stenllng potatoes and corn from Englehart's garden Lvans asks $2,000 damages from taeh of the defendants. He Is represented by Attorney John R. Kdwnrds. . Old Forgo Wants Wards. Court Is considering a petition to have a commission appointed r divide Ofil Forgo bo.-ough Into wa'ds It was presented yesterday by Attorney John II. Ronner, representing the coun cil and about a score of propct ' hold ers. At present the borough is dlidftd Into three election districts, the Flist. Second and Fourth, the Third halng been merged with Taylor borougn Yesterday's Marriage Licenses, William S. Prentiss, Minneapolis, Minn. Anna Rosengrant Carbondale. Frank Woodward Pcranton. Winifred D. Ruddy Scranton. Henry Wclsel Roaring Brook. Frances Tooley Roaring Brook. John Henry Stlrn Carbondale Anna . . Heckman Archibald. Court House News Notes. Court yesterday approved of tho charter ot tho Green Ridge Coal Com pany Accidental Fund. Civil Engineer Edward F. n'vlt. yesterday registered with W.l'ard, Warren & Knapp ns a student-ai-l.tw. Attorney M. J. McAndrew was ap pointed to take testimony in the dl vurco caso of Phoebe Mllllck against Frank J. Mulllek. in the caso of Sarah A. Old and others against John Gannon and oth ers, Sarah A. Ord was allowed the land In question at the valuation fixed by the commissioner, $2,100. In tho case of John J. Fnhey ngalnst the Lntcrprlse Insurance company a rule was grunted yesterday to show cause why a trial should not be award ed. Tho rule Is retumablo to argu ment court. A charter was granted yesterdt.' by tho court to tho Callender Mo-noil.tl association of Ulakoly. which has for lis object the maintenance of a hall and library In Hlnkely In mcnioo of the lato Samuel Callender. Martin Hutke, of this city, who was drawn ns a Juror for this week, failed to appear yesterday and was lined $20. 1. I). Munley, of Dunmore, was lined u similar amount, ljut he appeared lat er In the day and the fine was re mitted. An application was made yestrda' to tho court for a charter for the Pyne Accidental fund. Tho subscrib er to the articles of Incorrn-nt'on are Joseph Marsh, Frank Duns-on John Coombc, William J. Howclis and James Stone. The hearing of tho Injunction case of n. K. Hurley against the president nnd mnnngers of the Delaware and Hudson Canal company, which was be gun In 189.". wns set down for a hear ing yesterday, but wns continued un til the second Monday of January next. Judge Archibald yesterday fixed ths. afternoon at 1.30 o'clock us the time for a hearing in tho case of John Kotch, who wns committed by Just Ice of the Pence William Mason, if Hlnkely, on a charge of assault at d battery. Tho prosecutor Is S. Mi idle man nnd Kotch alleges that he was arrested for the purpose of trying o enforce the payment of a debt. FATHER LOUGHRAN'S WILL Gives His Entire Estate of Over $200,000 toCharitios-Full Text of Will. Register of Wills Koch yesterday ad mitted to probate the will of Rev. John Loughran, late pastor of St, Joseuh's Catholic church of Mlnooka. His en tire estate amounting to over $900,00o Is given to charity. The full text of the will Is as followffs; Know all lnrn by thebo presents: That I, John Loughran, pastor of St. Joseph's congregation of tho vlllago of Mlnooka, Lackawanna county, Pennsylvania, being of sound mind, neinoty and understand ing, do make, publish nnd declare this to be my last will and testament. I. 1 diiect that all my Just debts and funeral e.pu.fts bo paid by my execu- tois hereli'ufttr r.rmcd, as soon as con veniently may bo after my decease. II. I direct tliut my Interment be In MliKiolta Catholic cemetery, and that a blmple stone be elected oer my grave. III. I bequeath to the lit. Rev. Michael J. Holian, bishop of Serantou, the sum of $10,0) in tiust for St. Joseph's congre gation of the lilt go of Mlnooka; said sum to bo used and e.rended for tho building of a parochial school or tho im provement of the present church, or thi erection of a new ono as tho bishop of Scrnnton shall deem for the best inter ests of tho congregation. IV. I bequeath to the Sisters of the House of thu Good Shepherd, Scranlon, Pa., the sum of one thousand (fl.OOO) dol lars. V. I bequeath to the Sisters of St. Jo seph's Foundling home. Scrauton, Pn., the sum of one thousand ($1,000) dollars. VI. I bequeath to St. Patrick's Orphan asylum, Scrnnton, Pa., the sum of live hundred ($100) dollars. VII. I bequeath to the Lackawanna hospital the sum of live hundred ($500) dollars. VIII. I bequeath to lit. Rev. Michael J. Iloban, bishop of Serantou, tho sum of five thousand dollars to be distributed among the necessary charities in tho city of Scrnnton. IX. All the rest, residue and remainder of my estate, real, personal and mixed, i give, devise and bequeath to the lit. Rev. M. J. Hobnn, bishop of Scranton, In trust for poor, infirm nnd nged priests of the dioceso of Scranton nnd to bo used for their benefit. Lastly I do hereby nominate and ap point Rev. B. J. Melley, Scranton, Pa., to bo executor of this my last will and testa ment. In testimony whereof, I have hereunto set my hand and seal this twenty-fourth day of August. A. D., ono thou sand and eight hundred nnd ninety-nine. John Loughran. Signed, sealed, published and disclose 1 to be the above namrd, John Loughran, ns and for his last will and testament, In the presence of u?, who at his request, and In the presence of each other have heieunto subscribed our names as wit nesses thereto. John O'Malley. M. D. M. M. McGlnley. STOLE A DRESS SKIRT. Boarding House Thief Arrested on Serious Charge. A young woman giving tho name of May Davis was arrested In Mooslc yesterday charged with the larceny of a diess skirt valued at $10 from Mrs. Keech's boarding house at 515 Mul berrj street, belonging to Miss Mamie Cullen, unother boarder. When arraigned before Alderman Howe, the woman could offer no de fence, as the skirt was found In her trunk, which wns left on the premises, and she wns required to furnish $300 ball for her appearance at court. Uee Hive, of Wllkes-Barre, Pa., cor. Public Sq. nnd West Market street. Surpassing all and equalled only by tho largest New York Milliners. Tho Rrllllant Fall Opening of English, French nnd American Hats and Ron nets. Opening Days Tuesday, Wednes day, Thursday, Oct. 3, 4, 5. 1899. Miss Mury Bristol extends a cordial Invita tion to her many friends and patrons of Scranton and vicinity. Smoke the Popular Punch Cigar, 10c. jT"jTrFfi-' ,m t-.- -j V.? tUlilt Anfa If Al 14 h.U. 4I. L.t. 30ft and Bl083y, precisely as naturs t intended. It cleanses tho ecalp from dandruff and thus removes ono of the great causes of baldness. It makes a bettor circulation in the scalp and stops the hair from coming out. And it re stores color to gray or white hair. $1.00 a bottle Bold by all druggists. It Pravanls and it Gnrcs Baltinoss If you do not obtain all the litneflti jon eoiorted from the uia ot tlio Ylgor. wtlt the Doctor about H. Addren. Dr. J. o. AYElt. Lowell, Mui, anMOBCHBBnaaaaU INJUNCTION IS MADE PERMANENT JUDOE GUNSTEIVS OPINION IN PARK LOOP CASE. no Says City Stood by for Weeks and Months and Years and With out Objection Permitted tho Plain tiff Company to Continue Expend ing Money on tho Grading of Streets and Laying Tracks Bo llevcs Such Action Constituted a Waiver of Rights on tho Part of tho City. Judge F. W. aunster yesterday hand ed down his opinion In the equity case of the Scranton Railway com pany against the city of Scrnnton and Jnmes Molr, mayor, in which ho makes tho Injunction permanent. Tho injunction was asked to prevent the city from interfering with the con struction ot the Nay Aug park loop of the plaintiff company. Tho opinion In full Is as follows: From the pleading and evidence In thu case I find the following: FACTS. First Tho Scranton Railway company, tho plaintiff. Is a corporation duly In corporated under and by vlrtuo of tho laws of the state f Pennsylvania, having tho right to construct and operate street railways within tho city of Scranton, and has succeeded to all the rights ot tho Nay Aug Crosstown Hallway company, the Valley Passenger Railway company, and the Scrauton Traction company, in the matter hereinafter set forth. Second Mulberry street Is a public street In tho city of Scranton, nnd on tho 16th of August. 1MJ1, the easterly ter minus of said Mulbeiry street was Pros cott nvenue, another public street i tinning nt right nngles with Mulberry street, tho land tn the enst of Prcseott avenuo be ing owned by the Lackawanna Iron and Coal company, not laid out In blocks or lots, and without streets or other pub lic thoroughfares. On the ICth of Au gust, 1S!)3, tho Lackawanna lion nnd Coal company, having In contemplation tho opening up of the land to tho eastward of Prescott avenuo and the plotting oft, the same Into lots nnd blocks with streets nnd nlleys, made and entered Into nn agreement with the Scranton Traction company, whose rights thereunder have devolved upon tho plaintiffs In this bill. Said contract Is as follows: T1IC AGUEEMUXT. "This agreement entered Into this six teenth day of August, 1S93, between tho Lackawanna Iron nnd Coal oinpany, of tho first part, and tho Scranton Traction company, of the second part: "Wltnesseth, that the Lackawanna Iron and Coal company, In consideration of the covenants on tho part of the party ot tho second part, hereinafter contained, doth covenant and agree to and with the said Traction company, to grant tho rlgnt of way for a slnglo track railroad over the land of tho said party of tho ilrst part, ns follows, viz.: Along the center line of .a proposed extension of Mulberry street, from tho center of Harrison ave nue, southeasterly to the center of a pro- posed street called Arthur avenue; thenco northeast along center lino of said ave nue, to tho division lino of lands ot tho Lackawanna Iron and Coat company, and tho so-called 'Beckett estate' "And the said the Scranton Traction company, In consideration of the cove, mints on tho part of the party of tho first part, doth covenant nnd ngreo to and with the said the Lacknwanna Iron nnd Coal company that they will grade Mul berry street fiom Prcseott avenuo to Ar thur avenue, nnd Arthur nvenuo from Mulberry street to the said division land line, for a width of thirty feet on each side of tho center lines of said Mulberry street nnd Arthur nvenue, nnd In nccord nnce with grade lines to be furnished by the city engineer." Third Pursuant to tho terms of the said contract, during the years 1S93 and 1891, tho Scranton Traction company pro ceeded to carry out Its part of said con tract by grading Mulberry street east from V rescott avenuo to Arthur avenue, and later the Scranton Railway company, nctlng In pursuance of said contract, pro ceeded to grado Arthur avenue from Mul berry street to Olive street. It Is an un disputed fact that tho Scranton Traction company and tho Scranton Railway com pany, Its successor, have expended largo sums of money In carrying out tho con tract mentioned, In opening up said streets nnd grading same. Tho amount cxponded by them Is about seven thousand dollars. At the tlmo tho Scranton Traction com pany did tho work on Mulberry street, In the years 1593 and 1S9I, tho said street was entirely unopened nnd unimproved, nnd was simply a wild field, rocky, un even, and In somo places precipitous, GRADED THE STREET. The Scrnnton Traction company did a largo amount of work upon tho said streets In leveling It off, removing stones and rocks, nnd putting It In good con dition for public travel. Tho city of Scranton has never by nny formal act nceepted tho said Mulberry street from Prescott avenue to Arthur avenue, but the street was undoubtedly dedicated to public uso by tho Lackawanna Iron and Coal company, and Its existence repeat edly recognized by tho city authorities, and It has now como to be regarded as ono of the public streets of the city. In lEtfl, when tho Scranton Railway company opened nnd graded Arthur nve nue from Mulberry street to Olive street, thnt also was simply a Held; nothing had ever been dono by anybody to make It a street, nnd although tho Lackawanna Iron nnd Coal company undoubtedly ded icated It to tho public use, tho city of Scranton never, by any formal act, ac cepted It as such, although It recognized Its exlstenco in different ways. It is men tioned as one of tho boundaries of part of the Innd conveyed by tho Lackawanna Iron and Coal company to the city for public park purposes. Owing to the work done thereon by the Scrnnton Railway company It la now open nnd fit for public tiavcl. Fourth Tho plaintiff has for many yenrs operated Us road on Mulberry street us far east as Prcseott avenue, and dur ing tho present year, acting under und upon the authority and permission grant ed by tho agreement with tho Lacka wanna Iron and Coal company, already mentioned, and claiming to act with tho consent of tho city, extended Its street railway easterly on Mulberry street from Prescott avenuo to Arthur nvenuo afore said, and also constructed Its street tall- way on Arthur avenue northeasterly to Olive street. TRACKS WERE LAID. At tho tlmo the bill was filed the 'racks wcio all laid, tho poles were erected, mid tlio wires wero strung, and It required only live or six hours' wotlc to Join the ralln at tho corners so as to mako tho road ready for active operation. Un the 29th of August, 1899, while tho plaintiffs with their workmen and employ-23 were engaged In finishing this line, a police man of tho cltv of Scranton enmo iq on tho ground and represented thnt he wus directed by tho mayor of tho city, ono of tho defendants, to stop tho said wotk, und to entirely prevent tho plulntlffs or any of their workmen, agents or em ployes from proceeding any further to finish Its said lino of railway, and to put tho streets In proper condition so that the samo might be opciated; and the mayor, by vlrtuo of his olllce ns mayor aforesaid, and by vlrtuo of his hav ing control of tho policemen of tho city, prevented tho plaintiffs from proceeding with their work until they were restrained by Injunction In tho present case. Fifth Uy nn ordinance approved April 1, 18S7, tho city ot Scranton gavo to the I Nay Aug Crosstown Railway company,! ono of tho plnlntlffs' predecessors, per mission to construct and opcrato their road through certain streets of tho city of Scrnnton, Including, among others, n portion of Mulberry street. Tho second section ot this ordlnanco provided thnt "tho construction of this road shall bo commenced within one year from the pftRsngo of this ordlnanco." The ordlnanco Is set forth In the ap pendix to tho plaintiffs' bill; 1 do not con sider It necessary to quote It at length, Uy nn ordlnnnco approved tho ICth of January, 1S93, tho city of Scranton or dained that the Valley Passenger Railway company be permitted to extend their tracks nnd to erect all necessary appli ances to operate said extension with clef trlclty ns n motlvo power, to lay out tho necessary passing branches over ana along certain toutcs. Including Mulberry street from Prescott nvenuo to Arthur avenue, and Arthur avenuo from Mul berry street to Gibson street, covering the ground now In dispute. ORDINANCE CONSIDERED. Tho ordinance Is set out In tho appen dix to tho plaintiffs' bill of complaint; I do not consider It neussury to quote tho samo nt length. Tho sixth section of tho ordinance, however, proldes, "When ever said Passenger Railway company shnll not havo completed tho eonstruetlon of tho lines mentioned above or of tho lines mentioned In tho ordinance ap proved tho 18th day of January, 1SD3, to which this Is a supplement, within two years from the approval of this ordinance, tho franchise granted on tho portions of any street where such tracks havo not been completed, shall bo forfeited to the city." Neither of tho ordinances men tioned nppenr to havo been repealed by by the city In any way, nor has any action ever been tnken by tho city to declare any rights thereby grunted forfeited, nor has nny demand ever been made by tho city upon tho Crosstown Passenger Rnll way company or Valley Passenger Rail way company or upon their successors, tho plaintiffs to complete Its lines upon the ground now In dispute. Sixth While the railway company con tinued Its work of grading Mulberry street nnd Arthur nvenue. It did not con struct its railroad upon portions of Mul berry street nnd Arthur avenuo now In question within tho two years mentioned by tho ordlnanco, nnd I believe It wns not until early in tho summer of 1899 that they commenced laying their tracks there; and ns has already been said the work was within a few hours of comule tlon when the plaintiffs were stopped by thp mayor nnd the police of the city, the only work remaining to be dono being tho connecting of tho rails at tho corners. 7. Numerous requests for findings of fact nnd conclusions of lnw have been submitted by counsel for both parties. As thoro nro practically no facts In dispute In tho caso I do not think It Is necessary to quote or review them at length; they nro Inclosed herewith and are hereby mado a part of this opinion. I find ns re quested In the plaintiffs' thirteen requests for findings of fact. Of tho plaintiffs' requests for conclu sions of law, tho first, second and third nro affirmed with the qualification that after the streets in question becomo pub lic streets, before tho plaintiffs construct, ed their road thereon, It was necessary for the plaintiffs to obtain tho consent of tho city to such construction. The fourth, fifth, sixth, seventh, eighth and ninth requests nro affirmed. Eighth Tho defendants do not appear to have separated requests for findings of fact and conclusions of law. Without re viewing them nt length the first, second, third fourth and sixth aro affirmed. I decline to affirm tho fifth and seventh. GENERAL DISCISSION CI.USIONS. AND CON- It Is not intended by the brief disposi tion mado of the requests of the counsel for findings of fact end conclusion of law to dismiss them without consideration, but ns tho caso appears to mo the ques tions In dispute nro questions ot law and not of fact. Briefly sttted, tho plaintiffs contend that they havo tho right to con struct tho road on the streets mentioned on two grounds, first, because the right was granted to them by tho owner of tho property, tho Lackawanna Iron and Coal company, before any streets wero laid out, ond second, because the plain tiffs havo obtained from the city tho con sent to such construction. As to tho first contention, If the Trac tion company has constructed Its road be fore these proposed streets had becomo actual and public highways, 1 do not doubt nt nil but that tho plaintiffs would bo correct, but they did-not construct their railway beforo tho streets In ques tion became public highways, and tho rights of tho parties must bo determined by tho condition of affairs ns they exist now, when It Is proposed to construct tho road. It appears that on the ICth of August, U93, tho dnto of the contract between tho Lackawanna Iron nnd Coal company and tlio 'Traction company, Prescott nvenue was the easterly terminus of Mulberry street. Between Prcseott avenuo nnd tho Roaring brook the Iron company had not laid out any public roads nor sold any Determined to e!l4iiowii for Keeping the no M6b "K ? y We are showing a particularly fiue assortment of Tailor Suitings, Cheviols, Serges, Tweeds, Camel's Hair, Venetians, Zebalines. Etc., 50c to $2 per yard. Black Crepons, high lustre, mohair top, over fifty different designs, all new, 95c to $3.50 per yard. Double-Faced Plaid Black Shirtings, greys, Ox fords, browns, blues, etc. Compare line of styles and p. ices. Polka Spot French Flannels, very desirable. Golf Cloakings, heavy, double-faced, in exclusive new patterns. Taffeta Silks that will wear, plain aud changeable, very large range of new colors, violet, helio, plum, berry, cerese, russet, dahlia, poppy, pumpkin, etc. Black Taffeta Silks, Cheney Bros, aud Haskell's justly 'celebrated gpods, peau de sole, Duchess, satins, Mar- veliux, satin luxor, etc. MEARS&HAGEN 415417 Lackawanna Ave. s uvc JI- I Hiz. I MINGS We can talk about day in and day out and not be declareJ out of order, Is Our Open Stock Dinner Sets, We will sell such pieces as you want If vou need a few plates or cups and saucers selact irom such patterns as you like, replace broken pieces fr in tun to time and eventually you wilt have a nice Dinner vct. you uon't nave to pay patterns Is a Havlland & Co., I.tro roses around border, soft delicate col ors. It Is not a high cost as Prcnch China goes. IT'S MODERATE PRICED. i 0vx.arVfeW . Millar & Peck, 'wmmmmmmmmmmmmmmm trT THE POPULAR HOUSE Dou't gruutble at the Perhaps it's not her fault. Dockas stoves ;m(l k J about the Dockash. Dock.tsh Ranges are noted for. I their superior Hue constr m a lew minutes alter gladly tell you more abo Yes, we always keep FOOTE & FULLER CO., Hears Building, 140142 Washington Ave. JL o 11 40 AV TIIE' iceiiamse Furrier, Is showing the newest styles iu MW N'il".! Of All Handsome Tailored Gowns, Ladies', Misses' and Chil dren's Jackets, Silk Waists, Golf Capes, etc. Largest as sortment ever brought to this city. Prices the lowest. RELIABLE FUR REPAIRING DONE. 324 Lackawanna Ave. Raw Furs Bought. lots, though probably they had been plot ted. The err sent Itself contemplates tin extension of Mulberry street and the opening of Arthur avenue. Tho Iron com pany ginnted to tho Traction company thi right of way for a single track rallroiul over the land of tho Iron company, "along tho center line of a proposed extension Contlnvcd en Page 10.1 ftintein Reoutetion Largest Assortment of Onenf our new 13 WyomlnK Ave "Walk In and look orourid." J"rVviyiSil - ,tjVi.'T - 'T:, - "'':' - 'y"'" - :;Kg'y - FURNISHINO STORE. anges cook when breakfast is late. Very likely she don't know :ou, insuring a quick fire is are opened. We will hem if you will ask us. repairs in stock. Kinds, SSKHHHEKHIItl.lUEEEUKEIHUIintlTO u TliS NATIONAL DANK R OF SCRANTON. DEPOSITARY OF THE UNITED STATES. X Capital .$200,000 B SURPLUS 425.000 3 a a WM. CONNELL, Presldsat. K art H13NRY BELIN' Jr., Vlce-Pres. S WILLIAM II. PECK, Cashier o 3EmrUIIIlHEEUIIlEI!iEEHEEUlIE3EEUl SUMMER RESORTS. Elrnwood Hall Elmhurst, Pa. (formerly Hotel nimluir.it. Open All the Year. ThU hotel has bean remodeled and roflttel throughout aud will opsn Its doori Juua it, l-'or rutin, etc., call on or uddrait DR. W. H.H. BULL ELMHURST, PA, n?WOTT DETCUT nml lrfi U IHILIII uuuu iua.t,t may bo secured by our aid. Address, THE PATENT RECORD, Baltimore, Md. iADE WiE A MaN 2 AJAX TABLETS POSlTIVKliY CURE intlon if tiiUpi "in tiuin. Thalr n.o dnwa in. medtato lfaprova- Bion tad effects n ('U)tr. her all rtkar lllln. FIU J3Q UATinc ii.o c havo ciirea tliouwanda an! Mine tl.o r'nulim Aim TaMoti. The a. Iva i itlro nr'ltou h'unrante to bSsi t o euro CflOTO In i wiiicuroio'i. wacivB apes. M rtt"i OKhui.rr lalunj th taoner. I'ncswU M I Oipar "ucWoKOj or fix plfioa (full treatment! for t!X0. IV II, tn plain CTMPI .r, nnon recwli t of rrlco. rlrcufa! " A.IAX REMEDY CO., '".'X' For sale In Scrantcn, Pa., by Matthews Bros, and II. C, Banderecn, dru&gista. more uuyin this way. Ot Crane, JSl tmmk 111 0 mm raiwsi.ff wm i i -2i fcrjirapoiaacy, m'jepiegsneis.eio.. caaioa li I b Abuia or other 1'icwhj ond Jnu'i- tfintv cretloni, 'Jliru oulc.ly antl turtlu "J rwtore LoitViinllt la cMorroaii,na tlft lUamaufirttuilir, bu lnsa or marriage.
Significant historical Pennsylvania newspapers