THE SCRANTON TRIBUNE- FRIDAY, DECEMBER 22, 1890.
ii i
ARGUMENT HEARD
IN THE SAUL CASE
CONTENTIONS OF CITY SOLICI
TOR AND MR. TORREY.
Largo Numbor of Cases Disposod of
In Argument Court Judge Ed
wards Decides In Favor of the Oly
phant Sewago Drainage Company.
Two More Divorces Granted Dis
charged Crematory Employes Suo
for Overtime Under the Eight-Hour
Law West Lackawanna Avenue
Paving Liens Other Court Noteo.
LeiiKthy arguments were made, yes
terday, in argument court, before
Judge Archbald and Edwards, In the
cnoe-Htuted of ex-Patrolman James
Saul ugnlnat the city of Scranton. City
Solicitor A. A. Vosburg was heard for
the city, and ex-City Solicitor James
II, Torrey, of Welles & Torrey, repre
sented Mr, Saul.
The cx-patrolman's claim for sal
ary for the time elapsing between the
day he was laid off by the mayor and
the day the select council approved hli
dismissal and confirmed the appoint
ment of his successor is the founda
tion of the case.
Mr. Vosburg contended, in line with
the opinion he rendered to the. mayor
and council that Saul's dismissal upon
being made complete by the concur
rence of select council, took date from
the time the mayor sent to council the
communication containing notice of the
dismissal.
The principal Involved was the same,
Mr. Vosburg held, as in the case of an
agent and principal, where the act of
the agent upon being ratified by the
principal takes date from the time of
the agent's act, or where commission
ers make a treaty that is later ratified
by tho senate, the treaty takes date
fiom the time of.the act of the commis
sioners. Mr Torrey insisted that as the law
provides that appointments and dis
missals of police officers shall be made
by the mayor and select council a joint
action la required and until such join
action occurs there is no appointment
or dismissal.
ALLEGED DEFECTIVE LIENS.
The seven cases in which the John
A Collins estate, Mary A. Scanlon ad
ministratrix, Mary Moore, Roger Mc
Gowan, Mary Pritchard, David Wil
liams and Mary Williams are seeking
to escape paying for the West Lacka
wanna pave on the ground that tho
liens are defective, were argued for
the city by City Solicitor Vosburg,
and for the property holders by Attor
ney T. P. Duffy.
The defect lies in the failure of the
city to file the Hens within six months
of the date of making of the final as
sessment. The Mens were filed June 7,
1S93. The final estimate, as made by
City Engineer Phillips, was dated Dec.
4, entered on the journal of the en
gineer's department of Dec. 7, and
nied in City Clerk Lavelle's olllce, Dec.
10.
City Engineer Phillips explained
these apparent contradictions with the
statement that the work of making
the estimate was commenced on the
fourth and continued up to the day it
was filed. Mr. Duffy held that as the
law says "six months after the date
of the making of the final assessment"
the liens must be filed, they were three
days late.
Other cases were disposed of as fol
lows: SOME OTHER CASES.
Continued In re: appointment of view
era of damages on Itobinfcon street; in it
adoption of Annie Graeme by James Will
iams. Submitted Charlotte Seaman against
Arthur Seaman, Anne E. Morgan against
Reese J. Morgan, Gilbert Colborn against
Elizabeth Colborn, rules for decrees In
divorce: In re adoption of Wilfred
Price.
Argued-Davld T. Williams i.galnst Ag
nes J. Carev and others, rule for new
trial; John L, Hull, at-slgnee, against H.
A. Hill and others, rule for new trial; M.
D, Brcwn & Co. against Theonhllus Ko
neczny rule for new trial; Ca&cy & Kel
ly Hrcwlng company against JJry 1M-
rounds and others, lulo to pay money to
plaintiff; Scranton Urewlng company
against Mary Edmunds and others, rulo
to pay money to plnlntlff; A. D. Hettcrly
against tho city of Scranton, exception
to report of referee; In rci satlsfncton of
mortgage In the estato of Mary Murphy
Rule absolute-Heading Hot Water com
pany against Alex Dunn, sr., exceptions
to nflldavlt of dtfetipo and rule for Judg
ment. In the case of L. D. Vlckery against
Everett Warren and Theodore Wolfe,
executors, tho demurrer was sustained,
with leave to fllo a new declaration.
Tho rulo to set aside tho sale of real
estate In tho case of the City of Scran
ton against Mary Alice Scnnlon, ad
ministratrix, was discharged.
The matter of tho county auditors
surcharges against tho rounty com
missioners, which was to have been
argued this week, has been postponed
indefinitely. Judge Albright, who was
to hear the case, sent word that he
cannot come this week. No Intimation
was given as to when he would come.
after they were married they had n
dispute as to whether cucumbers
should be served with or without vin
egar and from that time on he abuse 1
her shamefully and refused to contrib
ute to her suppoit. She kept twelve
boarders, ran n candy store and took
In sewing to support herself. She left
him four times, and on March 29, 1899,
quit him for good.
Mrs, Hunter's grounds for a divorce
were vory simple. She and her wit
nesses stated that her husband, D.
Clinton Hunter, was in the habit of
knocking her down, blacking her eye,
cutting her lip and the llko when ho
would come homo drunk, which was
very frequently. They were married
May 21, 1SSS, and lived together until
January, 1890. They resided' for a timo
on Robinson street In this city.
"t-f-
Store Open Evenings Until Christmas. t
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Olyphant Sewer Company Wins,.
The preliminary Injunction restrain
ing the Olyphant borough authorities
from Interfering with the operations
of the Olyphant Sewnge-Dralnage
company was made permanent yester
day by Judge Edwards.
The company was chartered Feb. 27.
1S94, and the same day secured a
franchise from the council to occupy
the borough streets. A suivey was
made shortly afterward, but no fur
ther action was taken under the char
ter and franchise for four years. In
September, 189."., the company's rights
were sold to Myron Kasson for $101,
and later in the same month wers
transfened to a new company organ
ized tinder the same name as the old.
In October, 1898, the capital stock
was increased from $10,000 to $100,000
and the $335 in fees exacted by the
state were paid to and accepted by
the state treasurer and secretary.
Elaborate surveys were then made and
In April, 1899, excavations were com
menced. About this time the borough under
took on Its own account the construc
tion of a sewer in the First district,
Flanaghan & O'Hara being the eon
tractors. When the Drainage com
pany undertook to also dig up the
streets, the borough authorities Inter
fered and with tho aid of the police
force prevented the company from
doing any work. Then the Drainage
company went Into court to have the
borough enjoined and has succeeded.
In his opinion, Judge Edwards says:
The defendants offered no evidence on
their side. Their contention Is purely
legal. They claim that taking the evi
dence of the plaintiff alone and giving it
the fulest credit, the bill should be dis
missed. They rely on the application of
the act of May 10, 1S9 (P. L. 242) to the
facts established by the plaintiff Tho
seventh section of this act provides as
follows: "If any company Incorpnmled
under this act, or any of Its supplements,
shall not proceed In good faith to enrry
on its work and construct or acquire its
necessary buildings, structures,, property
or Improvements within the space of two
years from the date of its letters patent,
and shall not wllliln tl.o spare of lHo
years thereafter, complete the s-ame, the
lights and privileges thereby granted to
said corporation shall retort to the com
monwealth." According to the view we take of the
law we cannot decide in the present pio
eeedlngs the question of the forfeiture ot
the plaintiff's corporate rights by reason
of non-use or for any other reason.
Whether or not the plaintiff company has
complied with the provisions of the elev
enth section of the act of ISM by pro
ceeding in good faith to carry on Its work
within the specified period is a matter
that we cannot Inquire into now. Hut the
legal position maintained by the defend
ants Is clearly untenable. To f cumulate
a conclusion of law which controls tin
case at bar we slate that the corporate
existence of ii company cannot be at
tacked collaterally or incidentally, but it
must be done In a dltect proceeding
brought for that purpose bv u pinper
pal ty.
The defendants are dlncted to pay
the costs. Hon. C. P. O'Malley, o
Wlllard, Warren & Knapp, represented
the plaintiffs.
More Divorces Granted.
Jane Drum Thompson and Grace Hall
Hunter, of Carbondale, were granted
divorces yesterday by Judge Archbald.
Mrs. Thompson was married to John
G. Thompson Oct. I, 1887. One week
SOMETHING NEW AT
MEARS
Christmas Presents.
Not the ordinary run of goods, but a unique selection of
choice articles in
CreSt Ware. Exqisitely decorated Jewel Cases,
Fern Dishes, Vases, Card Receivers,
Photo Holders, Cracker Jars, Puff Boxes, Jardiniers, etc.
Sterling Silver and Ebony Novelties.
China and Bisque Novelties in statuettes, Pin
Trays, Hair Receivers, Bon
Bon Dishes, Plates and Dishes, Cups, Saucers, etc.
Medal ion Pictures Photo Franes, Gold and
Oxidized Silver, all sizes
aud shapes.
Venetian Glassware vases Amethyst aud
Natural, very daintily
decorated.
Pin Cushions, plain Satin- also very prettily
trimmed with lace aud ribbon.
Opera Fans,
Fine Melange and Painted Gauze.
Jardiniers
8-inch Rustic, variegated colors 10c
io-inch Rustic, variegated colors 15c
i2-inch Rustic, variegated colors 25c
Extra large; oak leaf designs 35c
Fine Panel, rustic gold bronze finish 25c to 50c
Starks in a Sorry Plight.
Attorney C. D. Hawloy made appli
cation to court yesterday to havo K.
Stark relieved from tho order directing
him to pay alimony to his divorced
wife, claiming that he was recently
Injured and incapacitated (from work,
and having no resources must need
default nnd go to Jail.
Attorney II. H. Holgate, representing
Mrs. Stark, opposed the petition say
ing that Mrs. Stark Is an Invalid and
if her alimony Is withdrawn she must
go to the poor house.
He also alleged that Stark might be
able to save himself from Jail and his
wife from the poor house, If he would
mend his ways. Mr. Hawley decided
to look Into the matter further and
was given additional time to amend
his petition It he deems It advisable.
Mears 8c Hasren
Under tho Eight Hour Law.
Two assumpsit suits were Institute 1
yesterday against the city by Attor
ney P. V. Loughran, to recover $300
apiece for D. O. Thomas and James T.
White, formerly superintendent and
assistant supeilntendent respectively
at the riem.itory.
They claim they were compelled to
work from ten to twelve hours a day
and some days longer, and, as there is
a statute making eight hours the limit
of a day's woi-ks for all employes of a
municipality, they feel they are en
titled to pay for overtime. Doth mea
were discharged by the board of
health.
Insurance Company's Defense.
In an answer filed yesterday to the
suit brought by Annie Kllmartin to re
cover $1,400 Insurance from the Fire
association of Philadelphia, s5me very
serious allegations are made by the
company In its reasons for not paying
the Insurance.
Among other things It Is charge 1
that the plaintiff burned her house to
get the Insuiance; that she prevented
parties from entering the house to ex
tinguish the fire; that she claimed
$1,400 damage when not over $200 worth
of property was destroyed.
The statement Is sworn to bv I.oyd
Bally, an agent of the company.
Yesterday's Marriage Licenses.
Adam MeMyne Carbondale.
Jennie Martin 410 Olive stree.
Lewis H. Harris 1117 Hock street.
Margatet Griffiths Shumokln.
John Froellch Scranton.
Urldget Duggan Scranton.
Patrick J. Uarrett.... f'entervllle. Mo.
Declma Price ....'Jir, Wyoming avenue.
Charles B. McKlioy Jessup.
Hannah I.,. Carey Jessup.
John H. Thomas ..."07 Swetland street.
Mary A. Gillllths ..114 Kverett avenue.
Kduard Roberts ..ll!l X. Lincoln nv.
I.ama Johns Vanillins.
Court House News Notes.
A suit In leplevln for a lot of nton
fixings and stock was begun esui JP
by Moran & Ityan against Maria IC.
Duly, landlord, and V. X Cole, con
stable. O'Hrien & Kelly ,ue the plain
tiffs' attorneys.
Albeit S. i.lme brought a tiespuhs
mit against' the city yesterday to le
cover for damages alleged to have
been done his propeity m ltublnsnn
street by an overflowing s-ewei- P F.
Loughran Is his attorney.
Judge Archbald yesterday handel
down an order over-ruling the excep
tions to his finding In the case of
Frank Wheeler against Catheilne Mc
Andrews and directing that the attor
neys draw a decree In accordance with
his lullng.
CARING rOK THE CITY'S POOR.
Chiistmas Arrangements of Board of
Associated Charities.
As Is their usual custom the Itouid
of Associated Chatltles will on Satur
day distribute Oluistinas good cheer
to a huge number of woithy cases
which have come under the notice ot
the agent, Mrs. W. B. Duggun. dining
the past year.
About sixty families will be pro
vided with the mateiials for a Christ
mas dinner, and hearts of over 301
children will be made r!ad vclth candy,
fruit and toys as far as possible.
These articles are, of i'ouisi, all con
tributed by private parties tlnoughout
the city, who believe that Clod loves
the chceiful giver, while there will
probably be enough received to provide,
for all of the above mentioned caso,
still all contributions will be gratefully
received at the boards' headquarters
In the basement of the city hall.
To all orders Issued during this and
last week by the poor directors $1 U
added as a reminder of Christmas
time. On Christmas day the inmates
of the Hillside homo will bo treated to
a turkey dinner nnd candy, nuts, etc.,
will be provided In plenty.
In tho course of a conversation yes
terday. Mrs. Duggan stated that there
are fewer persons In actual need In
the city at tho present time than In
many years: this fact being due In a
large measure to the prosperous condi
tion of the various Industiles in the
city.
WIFE BEATING CHARGED.
Chester M. Butts Committed to the
County Jail.
Chester M. Butts, the commission
merchant, was yesterday held In $300
ball by Alderman Howe on the charge
of assault and battery and In default
committed to the county Jail.
He was arrested on a warrant Is
sued at the instance of Lillian Butts,
who charged him with striking her in
the face and maltreating her In other
ways.
CHIEF ROBLING'S PRESENTS.
Handsome Boxes of Soap Distributed
in City Hall.
Chief of Police Holding yesterday hit
upon a plan for getting rid of tho
largo stock of soap recently left be
hind by the two oily tongued fakirs
who lately worked North Scranton and
which has made his olllce look like the
toilet department of a drug store for
some time past,
Tho chief got on his best smllo yes-
a
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,'Hl eill"i7 Pyftlftlgggfrffigj
Scrantoii Store, 124-126 Wyoming: Avenue.
Extraordinary special values in all departments
Investigation will prove a radical difference in price on Holiday Goods of all kinds between this and
other stores. During the next few days all Dolls and Bric-a-Brac will go at half price or less in order to close
out what remains before Saturday night. Special prices will be made on all of our high class Fancy Boxes and
Glassware, making this a sale never before equalled in the'busiest week of the year.
Cut prices on nil these Fancy Boxes for gloves, handkerchiefs, etc.; Toilet, Manicure and Shaving Sets; Decorated Bohe
mian Glassware of every description; our entire stock of Kid Body Dolls, Standard Literature and Toy Books.
Special sale of furs
$5. 00 electric seal and Persian lamb collarettes. Re
duced price $2.98
5.00 imitation stone marten scarf. Reduced price 3.98
$6.00 electric seal and-chinchilla collarettes. Reduced
price 3.75
$6.00 electric seal and Persian lamb, with marten tails.
Reduced price 3i98
$6.00 imitation stone marten scarf. Reduced price.... 398
$10.00 electric seal and Persian lamb collarettes. Re
duced price 6.98
$10.00 electric seal collarettes. Reduced price 5-98
12.00 electric seal collarettes, the new "Zaza." Re
duced price 6.98
$12.00 marten collarettes, the new "Zaza." Reduced
price 9-98
$i..oo e'ectric seal and Peisian lamb collarettes. Re
duced price 10.98
$20 00 Persian lamb and sable collarettes, with marten
tails. Reduced price.' 12.98
$20.00 electric seal and Persian lamb collarettes, with
stole front of electric seal and twelve marten tails.
Reduced price 14.98
Xmas gifts at cut prices
39c Irish point dresser covers. Special this price week.. 35c
50c Irish point dresser covers. Special price this week.. 39c
$1.00 Irish point pillow shams. Special price this week,
per pair 59c
$1.50 plush albums. Special this week 75c
$2.00 plush and celluloid covered albums. Special this
week $1.00
15c Bohemian glass vases. Special price this week 10c
$2. 00 toilet sets, including bottles and trays 98c
50c collar and cuff boxes. Special this week 25c
50c hand painted cracker jars. Special this week 35c
50c silk and satin neckwear. Special this week 25c
75c silk and satin neckwear. Special this reek 50c
A 'A "A 'A "A 'A A A "A "A 'A A "A "A 'A 'A 'A "A 'A 'A 'A A "A "A "A "A 'A 'A "A 'A "A 'A "A "A "A 'A AM 'A 'A 'A "A "A A A 'A "A 'A 'A 'A "A A 'A 'A "A "A "A A 'A Jl 'A 'A H Vj 'A 'A 1 J "H "A 'A 'A
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Wor
fill
Custom Tailoring Effect,
Strictly FashioanabSe
Appearance
Are the recommending
qualities of our superior line of
Men s and Boys
Winter Suits and
Overcoats. Any
thing ordinary in
fabric or style has
no place in our
line.
gjaafc f I w 1 B l " 2 m &
fsr&oM V ABJTBZrJk
q&0 M Tr F r Hl-fc. -ir
nM
At i
A look through
our stock will con
vince you that we
make no idle
boast when we
say our garments have no equal in the city.
Bt lfI0I 1 J ,
Boyle
Mucklow,
416 Lackawanna Avenue.
terday and circulated through the vari
ous oMces In city hall presenting? each
official and clerk with a box of toilet
soap "Just na a little reminder of
Christmas," as ho put It.
While all who were recipients of
the chief's generosity am thankful
several of them are wondering whether
or not the nature of the gift may be
taken as a gently veiled insinuation
of something or other.
SOLVED THE PROBLEM.
Prof. Coles of Kingston Disposes of
the Century Question.
Profesor Coles, of Kingston, has de
vised a chart by which the century
question which Is agitating the civilized
world, Is easily solved.
Tho chart consists of concentric
circles divided Into ten points and each
representing ten times the quantity ot
the other or Inner one,
In this way he shows that the Nine
teenth Century commences Jan. 1, 1900
and tho Twentieth century Jan. 1,
2000. AVIlkes-I3arre News.
COGGINS ARM BROKEN.
A Rail Fell on It in the South Steel
Mill.
William Cogglns, of I?ellevue, an em
ploye at tho South mill, was yester
day painfully Injured whllo ut woik.
Cogglns Is employed In tho rail de
partment and whllo attending to his
duties one of tho hot rails cumo down
on his left arm. The arm was broken
and bally bruised,
Dr, Manley dressed tho Injured limb
and Cogglns was remoVed to his home.
Ideal
Tours
New York, Old Point Com
fort, Richmond, Washing
ton, Baltimore, Philadelphia.
With tlmo to spare for pldo trips. If de.
nlred. Skirting tho Feu coast for 18 hours
In tho beautiful fast new Bteamsliips of
the
Old Dominion Line
nd returning leisurely by rail.
Tickets Includn IIOTni., ACCOSIMODA
TIONS at points named, ns well ns rail
nnd steamer fares for the entire trip. To.
tal cost, V2 00.
Also shorter trips to Old Point Com
fort and Richmond. Including cost of ho
tel, for J16.00 and 17.00.
Favorite ocean and rail route to At
lanta. Ga. Spaclal Rates on account ot
the Cotton States exposition.
Wrlto, for full nirtlrulars of tbeso and
other delightful trips to
OLD DOMINION STEAMSHIP CO.,
Pier SO, North River, New York.
H. B. Walker, Traffic Manager.
J. J. Brown, Qen'l Pass'r Agent.
TRIBUNE WANT ADVS. PAY.
The greatest pleasure comes from sub
stantial gifts at Christmas. You will be
pleased with our array, of
Christmas Shoes.
Attractive, substantial, stylish footwear,
sure to be welcomed as Christmas gifts,
sure to be pleasing remembrances all winter
ISMOE
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STORE OPEN EVERY EVENINC UNTIL AFTER THE HOLIDAYS
WE take Delaware, Lackawanna and Western
Checks in Payment for Shoes.
Almanac
The Scranton
Tribune
And Year Book for 1900,
Ready January 1st
For Sale by Tribune Newsboys and -at All
News Stands, Price, 25 Cents.
T
-IE TRIBUNE ALMANAC has, we believe, been . better ami
more complete each succeeding year. The growing pp'rjufar
ity of the publication is evidenced by the large increase in tho
demand for each year's issue. Every home and place'' of
business should contain one of these authentic reference.books.
News-Dealers .and Agents
Had better send their orders in at orfce-as "but one edjtrjiri,
will be issued. .-.
THE
TRIBUNE PUBLISHING
COMPANY.