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THE SCRANTON TRIBUNE-WEDNESDAY, DECEMBER 27, 1S99.
PERRY BROS.
Uose and Sons,
Briggs and
Liiduig Pianos
Vocnlian Church Organs, Car
penter Pallor and Pneumatic Sym
phorv Organs, Angelus' Criterion
Music Box.'s Finest line in the
city of Violins, Mandolins, Guitars
and Banjos.
Call and see the $80. Martin Gui
tar and Mandolin at
RRY BROTHER
205 WYOMING AVENUE.
Ice Cream.
DES IN TOWN.
Per
c Quart.
mk DAIRY CO
Telephone Orders Promptly Delivered
Jij-37 Adams Avenue.
Scranton Transfer Co.,
Always Reliable.
All Kinds ot transfer work
promptly and satisfactorily done.
Office 100 Lackawanna Ave.
Office Phono 525. Barn Phono G082
HUhT'NGTOfi'3 BAKERY.
CEH ICES PFD III FRUITS
ISO hmicc Street.
SlnRonlo Temple
C. S. SNYDER,
The Only Dentist
in the City Who Is n Qradua'e In
Medicine.
420-422 SPRUCE STREET.
Dr. Edward Reyer
DENTIST
Bt4 SPRUCE ST. OPP. COURT HOUSE.
All Kinds of Dental Woik Done at U
trcmoli Low Pi Ices
22k Gold Crowns $5.00.
Gold Fillings Rl.OO.
Best Set of Teeth $5.00.
Silver Filling 50c.
Crown and RrMye work u specialty. If
ou h.io nn Dental woik to bo done call
iind lmo our tooth examined. Ha ad
ministered All operations arc made
painless li the aid of electtlcltj. Pain
less oMtuctlon
DR. H. B. WAE,
SPECIALIST.
Eye, Ear, Nose and Throat
Ofllco Hours 9 n m. to K 30 p. m ; 2 to 4
Williams Building:, Opp. Postotlh-e
oK
DNiO?C&fi:ABED
--"--
I CITY NOTES j
t --
port iunioiith co.nci.rt -Tickets
for tlii Wtit miii illeo iirb i tit 1 1 talnmi'iu
at Ft Luke a pailsli house tonight can
bo h.id at Hand & Pa) no's), or at Phtlpj
pharn uoj.
rOMJinTI.1) I'OH ASSAl'I.T.-Ueorgo
lilt of Old Poise, huh list night com
milt d to tin Lountv jail bj Alderman
Rlckelts White wits ihtigeil with as
bault ai.el battel
ji DiciAiiY coji.Mirn:i:-Tiio judi-
ilurj eommlttco ot select council will
meet tomoirow evening In tho i It j cleiktt
olllie Just befoio the tegular mietliig of
ho bra lull of council.
COrNTRV HANCR - The. Scranton
J.leilerkiatu will hold their counttj daneo
Thurt.il.iy evening at the hall on Lacka
vwinna (ientu Haucr'h full oichcstia will
f'irnlsli the music lor the occasion.
NO INQUCST HHLD-Coioner Rob
ctts viewed tho lcmalnx ol Michael Ru
schak jostculay. the man who wus killed
en the Doliwnre and Hudson luilroid
near the Muivlno thaft, and decided that
nn Inquest was unnecesarj.
NOT SURlOt'SIA' INJURKD -dames
Ciawlord. of 'J'luvxip, who was struik by
a trollcv car niilitmns ' Ight and who
It mil. fcuicd wan j rlounly Injun l. Is
repotted b bin 1 1 yslctnh. Pr. .IuioIm,
to lui( nistsliiod in, bicUen bonea or
other Rtveio buns
Ttom INC, ri'.i:n.I.-T,io lemaln.s of
the late Joih Holding were vestcrduv
Intoiieii n the Cnthidrul ceiiioioiy. t
! ",0 o clink a litsh mnws of i ciu'em was
celebrated nt .St Pctet's cathedral hv
Ile J J Lottglirnn The bodv wan born
to the gravo by tho following pnll-beai-
4-
4--f
44--f 4- .
anANOPST DISPLAY AT
" THE MODEL,"
DELICATESSEN EMPORIUM,
Prosit Invoice of finest tublu de.ll
cn"le. Impoitcd 1 lures, Laudjuger
S.iunihC Nomi Bcoil.i Salmon,
l'ulcti of all Minis, Imported una
Cilllomla I'rultN and Jollies, .Naltl
nclstei Dellit.tom Jleiilng in
V. Ino Sauc. Italian I'lic'stnuts,
l.cb Huohcn, JIuilp"n ami Uontv
CbKps of nil elesfilpiiona, and full
linn of ftini'v eioetraw lot tho
linl(1nf Cnlcrliiir i.nlcra tnken
now- for tlio hollilajs Dinner
Table il'Ilnti Hiuikfadt, l.uncli
cm nnd Supper u la eaite. Ojh.
teiH feiMMl In rnj ?tIo
221-223 Washington Avenue.
f
TTTTTTT
NSiSW'
crs: Messrs. Dousherty. l,ynn, Uarlhol
omew, Lathropc, Kltssstrald ami Phllllpii.
ACCUSl'.D OP NON-SUPPORT. Yen.
tolay mornlnr; Kllzabelli Marcher, of
PrlceburR, beforo Alderman Kasson
Hwore out n warrant for the arrest of An
drew llnicher. her lumband. Bho accused
lilm of elesertloii and non-mipport of
both herself and their children. After
Aldeiman KiiFson had heard tho case, ho
held tho defendant In $100 ball, In default
of which ho was committed to the county
Jail.
TAKKN TO Tim HOSPITAL -Lena
Knbatschtnck, tho deaf mute felrl. who
Sunday nfti rncon attempted milcldc, In
Raymond court, was rcmoNcd to tho
Lackawanna hospital Into Mom! ty tilRht,
'I lie wound "ho Inflicted upon her throat
when hc tried to cut It wllh n razor
wuk but of a trllnl inture, but kIu1 be
came nick iih nn after effee t. Tho doctors
there Ki) nhc N In no orv rerlous con
dition mid that her plekneni Is onlv tho
re-nil of melancholy ni.d despondency.
FOUR WERE COMMITTED.
Alleged Burglars Given a Hearing
Before Alderman John T. Howe.
Identification of Goods.
riank ContttlsH, Joseph ntzgcrald,
John Crow nnil "Mairc" Crow, tho
pane: of nlltrfdl bursters touneled up
on Christmas dr. by Chief of Polite
Itohllns; anil the local police oileer,
were esti'rclny mornlnc taken b"foto
Alderman John T Howe fr a hcc.tliM
and by lilm i nmmitte 1 to tho county
jail
Uesldcs the defendants and tho po
llco ofllcers, wire prcaent ntemheis of
the families of H. lie 'nn, of Capoue
acpuo, Mrs. V S. PattH. o( Sanderson
avenue, mil Profersor John T. Jones,
of Main avenue, the homes of till ot
whom had been plundcied by the de
fendants. They Identified the e.trlnus nrllcloj
foune' In the possebslnir of CourtrlKlit,
rit7serald and the ('row ns their
own nropert, and the justice then
rommlttei! to the county Jail all four
of the burc'ats. They v 111 there await
trial on the tharqes of burglarizing
these homi".
All of tlio spoils cap'tirtd htc now
ben Identified with the exception of
seeril silver Kiies. folks and spoons
It ls not known to wl-ien lhev belonir,
but it is supposed that they are tho
pltindei fralned from kciiic out-of-town
iohber
Coiirtilght Is the onlv local man
mi:.ed up In this affair, but tho others
arc well known to the ircranton police
ns sum lelous and dln putablo charac
ters. Crow. It Is said, reeentlv serve 1
a term for a buiglary committed at
Potlsille.
JOHN MORRIS, OF PROVIDENCE.
Man Claiming to Bo fauch Is nt Pitts
ton Hospital.
A middle-aged man, roughly dressed,
giving the name of John Moirls, unl
stating that he was from Providence,
was leeched at the Pittsiton hospitil
Chilstmas niu'ht with an arm frae
tuieel, his head cut and his body badly
biulsed. He .aid he had been assault
ed nnd robbed and thrown fiom tho
biidge nt Lackawanna station.
According to the story he told .it tho
hospital he- and thiee filends Mio ha!
been In Plttston, looking for work,
weio going to Scranton by way of the
tiollo. They lode to Duryea and
then walked to Lackawanna to take
the car on the Taj lor extension.
Upon arriving at Lackawanna Mor
ils dls-covered he had forgotten his
umbrella and wont back to Plttston
Returning to Scranton ho took the
same loute and while going across tin
biidge at Lackawanna he was het up
on by four masked men, who took his
watch and what little money he had
and then threw him from the bridge
to the rocks below, a distance of twenty-live
feet. When he recovered con
sciousness he called loudly for heln
and succeeded In bringing assistance.
A local phvMolan set his bioken arm
and dressed his wounds and then had
him sent to the hospital.
Inquiry made nt Providence failed
to discover that theto was any John
Mollis missing. A telephone message
to the Pittston hospital wrought tho
Information tint the patient now
claims his home Is in Nnntlcoke.
SHERIFF AT ELMWOOD HALL.
Sale Was About to Be Had When a
Claimant Intervened.
L'lmwood Hall, at ElmhuiHt. whlcn
was conducted during last summei as
ii sanitailum, was to have been bold
at sheilft'h sale jestetduy, but .i post
ponement was caused bv the Intern ,.n.
tlon of Dr. C. V. Roberts with a UalirJ,
in ui!i-!iui x no Saie mubt now
await the outcome of an Interpleader
suit
The execution ci editors, William Ing
ham & Company and the Hunt & Con
nell company, teptesented bj Welles
& Toitey, expei fenced no little dbll
culty in having a levy made. The hall
was kept locked against them and, as
the law does not countenance a foicl
bly entiy the sheilff's m in hadtohau it
tho piemlse.s nnd await his opportu
nity It came after a long and weary
vigil and lie was not slow In embrac
ing It How he got in does not de
velop, but It Is said lie found an up
per window unfastened and clumbeied
In .vlth the aid of a ladder.
How the Institution became Insol
vent Is more than tho company con
tiolllng It can explain, and the man
ager, Dr. Hull, has as jet failed to
help them out ot their dllemmn.
SCRANTON TALENT IN DEMAND
Judge Edwards Is to Conduct the
Cincinnati Eisteddfod.
Judge and Mrb. Tl. M. I-klwnrds
leave tomonow for Cincinnati, to at
tend tho big national clsW.dfod to ho
Ji'.lel theto Now Year's day. Judge
Tklnairis has been honored with tho
position ot eoiiduetoi, of the three ses
sions, and adjudicator i, tho literary
cintist.
Tho eisteddfod will bo held In Music
hall, which bus an auditoilum capa
ble of seating 5 001. and Is claimed to
l ntcotiHtltally tho best laigo lnll
In the United States.
Tho cash pilzes to be dlsttlbutod
amount to W.ooo. nnd ovei twenty
c'lolrs are entered for the three prin
cipal ptl?es. T J Davles. Mus Da
of "lltsbmg, founerly of this city, Is
ono of the ndjudlcatois of music.
Smoke the "Hotel Jermyn" cigar, 10c,
DIED.
HUGHDS. In Scranton. Dec. a, ISM, Her
ald Hiifche, son of Mr. and Mrs. Ml
oluiel Hughes. okccI 1 jour ten montlm.
Funeral this nfti noon fit J o'clock fiom
residence of pauuitH, J flraeo utrect. In
IcTiuont In 11) de I'utk Catholic unto-tcry.
THAT OFT-RAISED
OFT-RAZED FENCE
POPLAR STREET BARRICADE TO
COME TOWN AGAIN.
Juilgo EtUvnrds Dismisses the Pre
liminary Injunction Preventing
tho City fiom Interfering with
tho Delawaro & Hudson Company
in Maintaining tho Tence by Which
tho Company Seeks to Avoid Hav
ing a Crossing Over Its Tracks at
Poplar Stieet.
Down comes the Poplar sttect fence
again. Judge Kdwiirds yesterday ie
fused to continue the Delawuio and
Hudson company's prellmlnaiy Injunc
tion against tho city, under the pro
tection of which the fence vus re
erected, and this morning the major
will older tho stieet commissioner to
le-raze the fence.
Last June, when the Holt nnd Nut
company selected the site for Its woiks,
the Delawuio and Hudson company
raised a fence along Its tintks, block
ading vv hat would be the extension of
Poplar stieet. The city tore down ths
tfnee and laid a plank ciosslng. Then
the company tore up the crossing and
re-erected the fence. The city once
more tore down tho fence and then te
lald tho ciosslng.
I'.y this time the company reached
the courts and secured fiom Judge
IMwntds a pielimlnary Injunction to
straining tho city from Interfeilng with
the mnlntalnence of the fence. At
once the company again put up the
fence and took up tho crossing Yes.
terdny Judge Edwards decided th-it
there were not giounds enough to
make the preliminary injunction pei
manent and dissolves It. This leaves
the city fiee to exeicle Its supetlor
force In gaining posbesslon of the
crossing and It proposes to do so nt
once. The case Is set down for a ilnnl
heailng next Tucsdaj-, when all the
featmes jf the case will be presented.
MAY OO XTP AGAIN
Should tho permanent injunction be
granted, the fence will go up again
and the crossing will be removed.
Should the couit, hnv.ever. decide tint
the ciosslng is a part of Poplar stieet
and not a portion of the company's
right of way, the fence and ciosslng
v 111 stay down nnd the thoroughfaie
will lemaln open to the public.
Appended Is the full text of Judsc
IMw aids' opinion dissolving the pie
llmlnaiy Injunction:
The Noithern Coal and Iron company
and the Oeluw ire and Hudson Canal col l
pany, lessees, vs. the city of Su, niton
nnd Roland D Thomas, street commis
sioner Rule to continue ptclimln irj In
Junction. The question Involved In this ease re
lates to the extension ot PopI ir riticct
over and across the tallro.nl tracks of
the plaintiff compmy The plaintiff
claims that Pcplai stieet Is opened only
to the easterlj lino of their right of wni
'1 ho defendants den- this and contend
that the street has been lawfully opened
across the trai ks to the Lackawanna
rlv er.
When the bill of complaint and Injunc
tion nflldavlts wcro presented to us, our
Intention, In allowing a prellmlnan In
junction, was to preserve the status In
quo between the parties until their tights
could be established at a final hcurln.r
Tho allegation which Induced us to grant
the Injunction Is to be found In tho seven
teenth paragiuph of the bill, which states,
that the street commissioner of the city
ot Scranton tore down the feme which
had been erected bj the plaintiff aloti,'
tho said right of nay nnd proceeded fo
la- a crossing along the railroad tracks,
thus extending Poplar street bejond lis
westerly tei minus by force.
WOULD JUSTIFY INTERVENTION.
Such action would be unwarrantable
nnd would Justify instant Intervention bj
the strong arm of our equity power.
At tho hearing on the rule to continue
the prclimlnarj injunction we confined
tho parties on both sides to testimony
showing the condition of matters clst
tug beforo the prtsent controversj aroso.
At this healing 11 appeared clearly that
tho fence referred to In plaintiff's bill
was erected In Juno of this jcar. This
was the fence which tho clt authorities
removed, claiming that It was an ob
struction to the uso of Poplar stieet The
building of this fence and Its remov il
originated tho piesent contention between
tho parties.
The light of the plaintiff to build and
milntuln tho fence refeirod to and thus
prevent tho publlo from crossing the
plaintiff's tracks Is not by any means
e lear At 1 est It Is not so clear as to
wanant us In continuing tho present In
junction The evidence already t ikon ill-
lectlv and Incidentally Involves several
questions. Wo aro content with merely
stating what theso questions are
rirst Tho uso that has been made by
the public of tho alleged extension of
Poplar street across the plaintiffs rail
road tracks before tho election of the
fence In Jure, IVi'i Were the pedestrians
who crossed theso tracks daily befoio
that time merely trespassers or did they
have tho right to cross as travcleis over
a city road?
Second Was Poplar street to the Lack
awanna liver dedicated to public use by
the Luckuwnnna Iron and Strel company,
and did tho plaintiff company nc-qulro
Its right of way subject to this public
uj-C On this question rcfeience is mnilo
to the map of the town plot of the city
jf Scranton and to the exemplified reeoro
In the c.ieo of the Lackawanna Iron and
Coal company vs the H iltlmore Coal and
Pnlon Railroad ootrpam
wnr.nr rights Ana in popbt.
Wheie tho telatlve lights of the paitles
in the prcfopt contention are In doubt wo
IIH
nnv
Bright,
Fresh,
Clean.
New i-ocatoes,
Fresh Pears,
Fresh Radishes,
Poultry, Etc.,
Christmas Trees
and Holly Wreaths
Thomas 5 Brandamore
424 SPRUCE STREET.
fll
do not feel Justified after tho preliminary
hearing, In continuing tho Injunction. Tho
t'Mcstlon between the parties Is nn opih
one, Involving a right vigorously asserted
on one sldo and us vigorously denied on
tho other. The railroad company nnd
tho city must settlo ihclr dlsputu at a
tliuil hearing.
'Ihls etui bo ilt ne speedily. The de
fendants havo filed their answer. Wo
know of no icason why tho enio cannot
bo heal el next week. Since, under tlio
pnsent iqulty rulis. It Is possible to
bring n cuse to a dual heailng so piumpt
ly. tho Judges of our court aio very re
luctant to grout a irellmlnary Injunction
In the Hist Instance. Wo moy do so to
prevent Immediate Irrepainblo lnlury to
preset o the status in quo between the
paitles.
As to the law api 'doable to the present
case there tun bo no question, it Is
slated lp the i uses In various wujs. "A
preliminary Inliictton will not be granted
unless the plaintiff show a clear right
and Immediate and uigent danger of lne
parable Irjuty." "Where tho plaintiff's
light Is doubtful a pre Minimi! y Injunc
tion will not bo gnu ted " ' A piellimnary
Injunction will not bo riantid wlier"
thero Is n mtiterltl dispute as fo tho
question of right " The lase at bar In
ItH present condition Is elcnrlj governid
by theso principles
l'or the icasons herein given tho lule
to continue the preliminary Injunction Is
discharged and the said Injunction Is dis
solved, it Is not ncccss ir to make anj
further order as lhe utiswer Is already
filed.
Suits by Dismissed Employes.
Formal declarations were yesterday
Hied by Attorney P. r. Loughran lu
the suits brought against the city by
the foi tner crematory superintendent
and assistant, D. O. Thomas nnd James
T. White, to recover pay for alleged
overtime.
They claim they were employed July
27 1S!)7. to Oct. 1. 1809, and worked ten
hours a day, which Is two boms In
excess of the time for which they weto
paid, they aver, as the law states that
Ity employes shall not be required to
work over eight hours a daj.
They ll the overtime at l.UDS houis
and demand compensation In tho sum
of $3S5 apiece.
Trial List for Equity Court.
Six cases aro set down for equity
court, which convenes aext Tuesday.
They are entitled Thomas Davis
against the Lackawanna Coal com
pany. Charles J. Keogh against tho
Plttston and Sctanton Railway com
panv. City of Scranton against Chailes
DtiPont llreck, trustee nnd executor,
and otheis; Commonwealth ex rel.
Thomas Ford against the Ilush Brook
Coal company, tho Real Estate Tltl"
and Tiust company against the Car
bondalo Traction company; the North
ern Coal and lion companj' and tho
Delawaro and Hudson Canal coaipanj'.n
lessees, iigalnst the City of Scranton.
Couit will convene on New Ycoi's
day to stait the (,rand Jury at woik.
Maninse Licenses.
Hany A. Hlesecker Scranton
Lizzie Seheuer Scranton
Frederick G Merkel Scranton
Kntle Ciouse Scranton
Rtiffacle Chlodo Caibondale
Angel Antonla Scaocla Old Forge
Couit House News Notes.
The suit of Anna Walsh against tho
Sctanton Button companj was jester
clay settled by the payment to the
plaintiff of $J30. She sued for $5,000
damages foi Injuries to het hand, which
was cut under a die and badlysqueezed.
An appeal was jesteidaj taken bj
the defendant fiom the judgment of
Alderman Ruddy In the case of Patrick
Million ngilnst the Suunton Railway
company. In which the magistrate al
lowed the plaintiffs claim of $2M for
personal damages, when the defend
ant failed to appeal. Mahon sued for
Internal Injuries sustained by being
"violently and disgracefully thrown
fiom a tiolley car" by a conductor.
FUNERAL OF D. O. FREDERICK.
Remains Were Taken to Lewistovvn,
Where They Will Be Intened.
Funeral services were conducted jes
terday morning at tho late home of D
S. Fiederlck, at 3.9 Madison avinuu.
A set mon was pi cached by Rev C. M.
Ginin, D D, of the Him Paik Metho
dist Episcopal ihureh, and utile t
vices were held 'n LewlstMvn, wheie
the body was temoved jest' lay mum
lug at 10 Oj o'clock on tlu Del.awaie,
Lackawanna and Western tail.oad
A laige number of the :n iiib"is of
Lackawanna lodge, Inden.d'iit Or
dei of Odd Fellows, of unci tho de
ceased was a prominent in-jtnber, v.cic
present at jestet day's set vices and .n
chat go of two of them the boay left
town
Vice-Grand Master I! F. Ti'iHi.-m
and Assistant Secretary F. C. W'di rlcl
were the oKlceis of tho lodge vviio ac
companied their late member. A large
number of Ft edei IcW's fellow employes
at Kellers canlage works were o'tio
piesent
At Lewistown the funeral will ptob
ably be taken chaige of by the lodge
at that town of Masons, to whlcn or
ganization he belonged.
FUNERAL OF MRS. HARVEY.
Held fiom tho Home of Her Son,
Alfred Harvey.
The f uncial of the lute Mrs. Dolly
Haivev took place jesterday afternoon
from the home of her son, Alfred Har
vey. 111S North Washington avenue.
The services In tlio 'nousewerc con
ducted bj Rev. D. M McKee, of th
Christian tfeli-neo church, and niusli'
was furnished by a quartette composed
of Mr and Mis. Alfred Leuj nnd Mr.
nnd Mtc. Arihui Ceer.
After tlio bet vices in the house the
remains vvn taken to tho Forest Hill
oemcteiv. wbfie Intetment was mad'
The pallheait'is vero ns follows u
pust Albert. John Ballej-, John Cir
veM Alfied Merry, AtUiur Geet and
Holuud Fiantz.
Scranton. Business College Notes.
Day and evening sessions will re
open on Monday evening next, Jan. 2d.
Ne.v students uie already unt oiling.
Many ladles and gentlemen fiom city
and country will come dining Janu
aiv. "The Scianton Business collego leads
nil slmllai schools In Philadelphia."
So said each of two Phlladelphlans
who called on ellffetent dujs recently
Remember that those who qualify
themselves ut the H. II. C. for doing
good book-keeping and stonogiuphlo
work are certain of securing pleasant
and lemuner.itlve situations.
Smoke the "Hotel Jermyn" cigar, 10c.
Mrs. Winslovv's Soothing Syrup.
Has liem iin il foi over FIFTY YEARS
bv MILLIONS of MOTHERS foi their
CHILDREN WHILE TECTHINO WITH
PKRFECT Src'i'llbS. It SOOTHES tho
CHILD. SOFTENS the OITMS, ALLAYS
all PAIN; CPRKH WIND COLIC, and
Is the best lemedy for DIARRHOEA
bold b all DtuggUtB In eveiy part of tho
world. He HUto and usk for "Mr. Wins,
low 'a HeolMug Sjrup," nnd take no othur
kind. Twetti-llvo eenta u bottle.
ERIE COMPANY FILES
ITS FORMAL ANSWER
DEFENSE OF ITS POSITION IN
BIG CORPORATION WAR.
Claims That tho Erie and Wyoming
Valley Raihoad Company 3annot
Legally Tako Possession of the
Canal Bed nt the Disputed Point,
Bccauso It Owns a Competing and
Parallel Lino Just Aciosa tho River
and Because It Will Impair the
Contract It Has Made.
Wlllnrd, Warren & Knapp, attor
neys for tho Kile Railroad company In
the suit brought by the Ktle and Wyo
ming allej' Railroad company to pre
vent the blocking of tho canal ut
Lackawuxen, under the Krle com
pany's biidge, have prcpated und Hied
their answer In Judge Purdy's couit.
The claim of the plaintiff that 't
has a fee simple title to the whole
of the disputed premises and that It
and Its predecessors in title have en
Joyed practicable nnd undisputed pos
session of the same for more than
foity j'ears Is denied. TIip Delawuio
and Hudson company and the Kile,
the defendant ulleges, held joint pos
session of the premises prior to the
year 1S99. This joint possession was
amicable, peaceable and continuous
until the June 20, 1S99. when, the Del
aware and Hudson company having de
serted the premises, the Krle took full
possession, peaceably und lawfully of
all the space beneath Its brfjge, giving
bond to the Delawuio and Hudson
company to Indemnify It against any
possible damage that might accrue.
NO RIGHT OF POSSKSSION.
The Erie und Wyoming Valley com
panj, It Is averred, has no right of
possession to the premises under nny
title or valid convejance from the Del
uwaie and Hudson companj-, or nny
other paitj", and has no standing lu
court to question tho defendant's rltjht
to do or perform any of the acts al
leged In the plaintiff's bill to have b?n
done and performed by the defendant.
It Is admitted that the Delawaie
and Hudson company had ttee pas
sage for Its boats under the biidge
prior to the time of tho alleged occu
pancj of the whole premises by the
defendant, but the occupancy In ques
tion was without protest or objection
on the pait of the Delaware and Hun
son companj.
The Erie's tight to the premises. It Is
claimed. Is founded on an express
giant from Russell F. Foul and wife,
dated Match 3, ISIS, and by express
giant from tho Delaware and Hudson
company elated May 1, ISIS, both le
coided In Pike countyr Further the
defendant saj-s:
That the premises and propeity de
scribed in the first paragraph of the bill,
at tho time of tha alleged tiurcnasu anl
acquisition thereof by the plalntlft, was
the canal bed, works and appurtenances
of a public canal companj, known as tho
Dcl.eevaro and Hudson companj, und was
a public hlghuaj, r.nd so diclarod by
positive enactment of the legislature of
this commonwcMllh That tald canal, Its
works and appurtenances so purchased
bv tho plaintiff, were unlawfully pur
chased bj said plaintiff, and said pur
chase was an utler violation of bectlm 4
of aitlele 17 of the constitution of Penn
svlvir.li, whetcin It Is pteseribed that
no railroad, canal or other corporation
shall "lease or puiehaso th-1 works at.d
fiai'chlses of or In any waj control, ,iry
other railroad or can il coiporitlou ewn
lng or having unuer its contiol a parallel
or competing line "
OWNED A PARALLEL LINK.
And this defendant on Information and
belief, chatejes that at the time of said
aheged piircniue, tho said p'alntltl owned
a lailroael on the opposite i Ide of the
Lackuvaxcu liver, located between Lack
awuxen and Ilawlcj. lu tho state of IViin
sjlvaula, fifteen and elt.l-sevcn one-hun-dredths
miles long, und not distant to
exceed from two hundred to eli,ht hun
dred feet, at any point, from tho i an il
bed, woiks, etc described In the first
parngiaph of plaintiff s bill, mil is paial
lel theieto, and was a competing line and
the routo of tho plaintiff's railroad Is al
most Identical v Ith the routo of the rami,
with the simple illffeiene u that thej' arc
on opposite sides ot tho Lackawavcn
liver
Our Inforn atlon nrd belief as to tho
ownership of tho said railroad by the
plaintiff Is founded on 'he declaration of
tho plaintiff us to Its ownership of said
railroad, contained in an agreement be
tween tho plaintiff and tho defendant,
hearing date tlu 23d daj of June, lsid
And for futther nisv.er lhe defendant
soj-s- "that If the said declaration of
tho plaintiff, as to its owucishlp of said
rallioad, Is untrue, then wo say that we
aro Informed, and believe, tho said rail
road belongs to the Pcnnsjlvauta Coal
companj, and tint the said last named
company Is tho owner of a very largo ma
jority of the capital stock of the Erie
and Wyoming Vallej Hall road companj,
and, vlrtuullj controls the same. Am'
the said tho Erie and Wjomlng Valln
Itullro id company, being so owned and
conti oiled, bin no rl(,ht to pui chase or
lu any way control the parallel and com
peting canal III o ot the Delaware and
Hudson companj.
HAS NOT CLKA HANDS.
And this defendant, showing to tho
court that tho plulrttff Is not hero with
clean hands, further answ cling, sajs:
That the alleged blanch line, surveved
und located by tho plulutlft, us ollegt d Is
not projected for the purpose of Increas
ing Its business and accommodating tho
liuele und ttuvel ot tho public, but for
iho purrobo of Impairing tho rights of
the defendant In a certain eontrnet be
tween tho plulntlft and the defendant,
dated tho 2Jd duy of June, 1S5, by the
terms of which the plaintiff leased to tho
defendant Its rallioad from Haw ley to
Lackuwaxen, heieli beforo elcjciibed, for
tho term of twenty -live jears, at an an
nuut lentil! of fifty thousand dollar j
which said contract this defendant piajs
may be taken as n pirt of this answei
And wo further say: That It the said
branch lino lb constructed, It will greatly
Impair tho rights of the defendant un
der tho contract between the plaintiff
and tho defendant, nbovo mentioned, bv
dlveitlng from the lead leased by tho
plulntlft to tho defendant a largo amount
of transportation of peisous and prop
erty. contruiy to the true Intent and
meaning of tho contract so entered Into
as aforesaid between the plulntlft and tho
defendant.
Tho heating In the case Is set down
for next Tuesday bforo Judge Purd,
at Mllford, Pike county.
Finest wines and cigars at Lane'a,
S20 Spruce stieet
Try a "Hotel Jermyn" cigar. 10c.
W. R. SHOOP.
146 W ashltiBtnn Ave Mears Hulldlntr.
Smoking Sets, both in Silver und Burnt
Iv.uj A special line of Briar and Meer
schaum Pipes. The finest lino 6f Key
West Cigars, In boxes of 25 foi Xmus
trade. All pi lees.
I A Fine Effect
5S Is obtained where candies, with beautiful tinted shades shed 5i?
eJJJ their ladinnco around, lending their lich decorative effect to
eg parlor and table. Nevor weio they moro beautiful. Wo have
5S the latest in Shades, Decorated Candles, Candelbra and Candle
rj lamps ns well ns accessories shade holders, Bobcches, etc., at re-
5" markablo low prices.
Millar & Peck.
mmmmmmm,mmmmmmwm
iwuu
Cold weather is sure to come arid with it the
Furs. What hettergift thau a uica piece of fur
neck a ne.v Muff", or perhaps an Electric Seal or
Lamb Coat ? We quote a lew of the prices :
Brown Marten Scarfs, natural color.. $0.00 to
Brown Marten Scarfs, dyed tf.f0 to
Electric Seal Scarfs 2.00 to
Mink Boas, some as handsome as Sable 1.00 to
Sable Fox Scarfs, beauties 10.00 to
Handsome Collarettes, all prices 3.00 to
Itual llussinii Sable Boas 80.00 to
Electric Seal Coats 30.00 to
Alaskan Seal Coats 150,00 to
Persian Lamb Coats 100.00 to
F. L. Crane, Rh'l!rE
Raw Furs Bought.
Prices Reduced.
Watches
Solid silver
watches, Am
erican works,
were $1000,
now 6 00.
James Boss
make, filled
watch, jew
eled move
ment, war
ranted, for
Solid Gold
Watches at
wonderful prices $10. $20 and $25,
every one bargains.
Ladies' solid silver watches.hand
engraved, hunting case, American
movements, warranted, tor $6.75.
Rexford Co.
132 Wyoming Ave.
225 Lackawanna Ave.
Dmlng the Ijolldajs at Rottoni
Pi lees Rcautlful l plight Pianos
for $150 unequalled In the e Ity
foi the money ORGAWS. live
01 six octave, nearlj new, as
low as $4 j Don't fall to eomo
and look over the bat gains be
foio jou conclude a pun huso
J. W. Gl'FRNSKY, Prop.
31, 3 Kiiind :$J8 Waoliinfiton Ave.
SCfAVrON. PA.
The Dickson Mamir.ictiirln;,' Co.
tcrouton and WllUoi-Ii.irro, Pa,
Miuiufao.urorJ of
LOCOMOTIVES, STATIONARY ENGINES
boilers, Hoisting and Pumping Machinery.
Qcneral Offlce.y Scranton, Pa.
t A ft 4 -
-Jlllllp8iS'
Pianos and Organs
Qusrnsev rial! Birig
1I1 Tho Popular Houso Fur-
Mil niching Store. j ,J
I kittle Oil I
mjfeatersr il
lid Just the thing for warm- WM
J il nig sleeping rooms M
VJM where it's best not to ffi
TO keep fire all day. Wc fj
JjjM have them in several Ml
vM bucs, sonic as low as U
1 11 f4-5- Tcy ure pow- JJjj
j crful little heaters, free lU
jjjlj from smoke or odor. fill
(II Foote & Fuller Co, fl
II Hears Building:, j(
HI 140-42 Washington Ave ffl
lal AvoplnfT Awn
"Walk In and look around" "3?
- - -a & .- -. w
m
need of
for the
Persian
$15.00
5.00
5.00
18.00.
15.00
00.00
40.00
50.00
250.00
110.00
Furrier.
Furs Repaired.
Horsemen
Should use the
W. & B, RUBBER PUD HORSE SHOE,
"AND THE HORSE WONT SLIP"
Ask your blacksmith to
shoe vour horse with the W.
& B Shoe.
AGENTS FOR
Neverslip
Removable Calks
HO
D
iih
iU
126 mid 1'2S Franklin Ave.
Jobbers in J?Mry,
227 LACKAWANNA AVE.
ATTENTION To the peoplo of th
elt of Scranton and fts vlelnitj: We
have the tlmsi and luigcst stock of hoi.
ldaj goods hui b i s
Diamonds,
Watches,
J ewe I ry,
Silverware, ;
Etc., ;- "
at very low pikes We Invite every
bodj to e ill and seo them, and b' -so
doing jou will find It will bo to jour ad
vantage to secure jour holiday presents.
livery article lrt guaranteed to bo ns rep
resented, or money refunded.
Davidow Bros
227 Laokaw3ii3 Ava,
Jffir GIVES ffiik
J0nrao& PRESSURE. Hl
mS D0NT EXCLDDE AIR iffll
Banal lessens JPJm
HfflK C0NCDSSI0N.OM
I
tadowlros
Everett's
Hoises and carriages are su
perior to those of any otrfer
livery in the city.
If you should desire tQ go
for a drive during this delight
ful period of weather, c.ill 'tele
phone 794, and fiverett will
send you a fiist-class outfit.
EVERETT'S LIVERY,
230 DIX COURT. (REAR CITY HALLfi