THE SCRANTON TRIBUNE-WEDNESDAY, JANUARY 3, 1000, MMHHHBMMl Men's Pants $2.00 Pants in plain and fancy cheviot, a..1! $1-40 $2.50 Pants in dark patterns, mostly hair line 7c stripes.. plJ g.50 Pants in neat, fancy worsteds, medium ? $2.90 shades. $4.00 Pants in fine silk stripe worsted, plentv of good tfj-j jc patterns po.J $4.50 Pants in beautiful French stripe worsted, some of our finest kinds arc in 7 of this lot .JO.03 Rebuilding Prices On Men's Suits. frn r 1 Kt $8, $10 tk SMiN-BiocH co. tins sale to Men's Furnishings, Hats and CapsIn these two departments ture. We intend to have all stocks lowered before the builders and decorator must keep this store crowded for the next thirty days. Our Windows as Our Advertising, Speak the Truth.,: mil RUSSELL TRACT IS AGAIN IN COURT THOMAS DAVIS SUING TO RE COVER COAL ROYALTIES. After Establishing His Lease-hold on the Land He Is Now Confronted with the Task of Showing That He Was Not to Blame for Failure to Carry Out the Terms of the Lease Regarding the Mining of the Coal D. & H. Excepts to vyo ming Avenue Viewers Report. Once moro the famous Itusscll coal Itiact Is occupying the attention of the Icourt. This time It flgutcs In the case of Thomas Davis nBalnst the PLackawanna Coal company, an equity hult brought to lecover royalties on a one-fourth Interest In the coal ana w hlch came up for a hearlne yesterday lief oic Judge C. U. Savldge. of Nor thumberland, who Is presiding In place of Judge Gunster. The tract In question covers 400 ncrcs, mostly situated In Scott town ship. Joseph Davenport secured title fiom the warrantee owners, a man named Weaver, and transferred It to A. B. Russell who In turn leased it to Mr. Davis, Dr. II. C. Comegya and "Williams & Mover. In 1S81 and the two years follow in'-; Mr. Davis made various tests on the land, but never did any mining further than to remove four tons of coal ftom a drift which Davenport had been working to keep himself nnd n few neighbors supplied with coal. If developed shortly after this that the land was extremely valuable and Mr. Davis had to bring an action In ejectment to establish his lease claim. The case was tried here three times and twice In the supreme couit, "Mr. Davis finally winning out. Mr. Davis' co-lessees disposed of their rights to tlio Lackawanna Coal company and the latter began mining an the tract. When Mr. Davis made Semand for one-fourth of the roj al lies ho met with the answer that his lease had expired by reason of his failure to live up to its terms, espe cially the one stipulating that so much roal should be mined annually, To this Mr. Davis replied that he at tempted to operate the tract, but was prevented by Mr. RusHell, and that he offered to pay the accrued royalties several times, but on each occasion was informed by Mr. Russell that there were no royalties owing from blm. One of the allegations mado by Mr. Davis In support of his contention that Eussell prevented him from entering to possession of the tract Is that when he went on the tract on a pros pecting tour In 1893 he was fired at Undeniably the Greatest Clearing and Rebuilding Sale In the history of this store. Everything has been re-marked, and now we are in gcod shape to serve the large crowds that will take advantage of these prices. Suits, Overcoats, Ulsters, Children's Clothes, Men's Furnishings and Hats have all had their cut in prices. We advise those who wish to avail themselves of this great opportunity to come soon, while the choice and assortment is unlimited. and 12 suits in tweeds, cassi- meres, worsteds or cheviot, all put into one great lot. We call your special attention to the values in this lot; you will find a few $ 15 Suits on this table maiked $10, and if you get here early in the sale you may be lucky enough to get one. See these values with your own eyes displayed in our show windows. $8, $10, 12 and some $i 'suits. Reduced for tV nnd MA SAMTE from ambush and later chased by two masked men with lcvolveis. The Lackawanna Coal company is now contiollcd by the Temple Iron company. The attorneys for the plain tiff are Kelly & O'Brien, T. 1. Duffy and John 11. Edwards. Wlllaul, W.u ren & Knapp represent the defendant. Delaware and Hudson Excepts. Exceptions to the report of the view ers In tho matter of opening Wyoming avenue, between Olive and Ash streets, were filed yesterday by the Delawt.-e nnd Hudson Canal company, througn their attorneys, Welles & Torrey. Exception is made generally on the ground that the city has no right to condemn and seize the ground covered by their tracks and especially excep tion Is taken to the Item "Removal of tho D. & II. C. Company tracks, esti mated cost, $29.72," on the same ground. It Is denied that any agreement re garding the moving of the tracks was ever entered into between the company and the city, as Is claimed there was by tho last paragraph of the viewers' report, and tho exceptants then go on to state ns a matter of record "its disposition, often expiessed to the city officials, to consent to the opening of Wyoming avenue, as proposed, if tho rights and franchises of the exceptant and its facilities for discharging its du ties as u public cauler can be fully protected. They aio not to protected by the provisions of this leport, for the reason that In order to permit a lemoval of exceptant's tracks so ns to allow the opening of the said stteet and at the same time to ghe to the exceptant sufficient land to peunlt the le-Iocation of the tiaeks un substan tially the frame cuive.s as tit present. It Is necessaiy that the land of the Dick son Mnnufaetutlng company, lefuned to In the jepoit of the vleweis, should bo actually- ttansfencd to the excep tant, and other lands not piovlded for at all in tho lepoit, and which It Is undei. stood belong partially to tho Lnckawannn lion and Coal company and paitly to M. L. nnd W. Q. Jooes, should be procuied by the city anil transfened to the exci ptant." Grand Jury Begins Work. The grand Jury leassumbled yestei day morning with the determination of making up for tho time lost by tho observance of the holiday, but they wero baiKed in their good Intentions by tho absence of transcripts In cases whero witnesses wero at hand and the absence of witnesses In cases that were ready to be heard. Concerning this failure of aldermen men and justices in promptly forward ing their transcripts, District Attor ney Jones said: "Aldermen and Justices of tho peace should send In their transcripts as soon as possible, especially where de fendants are in Jail awaiting the ac tion of the grand jury. It sometimes happens whero defendants are In Jail awaiting the action of the grand jury upon their cases that tht transcripts Rebuilding Prices On Men's Suits. 15, 18 and $20 Suits, in beautiful French worsteds and Bannockburn tweeds, suits that were made for us by the best wholesale tailors. Some of the best dressers in this city are wealing them, but the well-known rule of this house is never to carry over suits from one season to another. Everything must be new and bright when the spring season opens. Your choice of these fine $15.00, $18.00 and $20.00 Suits $10 and $13.50 Scranton's Leading Outfitters. are not sent In and they mo obliged to spend considerable time In jail be cause of the neglect to send in ttan scilpts at the proper time. A number of piosecutots called at the distiict at torney's onice today and wished their cases heaul, and upon Investigation It was found that tho transcripts had not been sent In. A gieat majoiity of the aldeimen and justices of the peace send In their tiansscrlpts previous to tho convening of the grand juiy, but there are some who wait until tho last moment. The delaying in tiling transcripts makes It annoying to the prosecutors, their w It nesses and tho distiict attorney nnd ndds considerable cost to the county, because prosecutors frequently come with their witnesses early In tho week and And upon their arrival that the!. cases have not been turned into court, which necessitates their making a sec ond trip. Moie Dl voices Wanted. Vosburg & Dawson llled two new applications tor divotco yesterday. Katheilne A. Dolon, by her next ft lend, 1. 1'esantl, alleges desettlon against her husband, James J. Dolon, and asks to bo fieed fiom the mailtal ties which bound them, Thev weio nianled Oct. 1J, 1S9V, and lived to gether until Aug. 13, 1S9S. C. Oscnr Wolfe asks to be divot ced front Nellie Wolfe on the ground of ctttel tteatment and unfaithfulness. They were married Oct. i.', 1S92, and sepatated day befote yesterday Marriage Licenses. I'eter Kackas .Jepsup. .Jessup. Maty Tasomjl Hatty 8. Kshlcman Clara A. Lesher ... Michael Ulllskl .... Anna Mosto Ktauk J. Itlslt Inez l?iost , Finnic Sobol I'raneeska SaleU .. Moscow. StfillriK. Mayfleld. Mayfleld. ...Mlllpolnt, N. Y. Athol, N. Y. Taylor. Scranton. Coutt House News Notes. Joseph Moote mid Mat la Casey weio yesterday dlschaiged under the Insol vency laws. Chailes K. I.eo was yesterday ap pointed to succeed li. V, Tinkham as sequestrator of the estate of Elizabeth Colvln. Mote let urns of constables weie pre sented yesteulay, but none of them contained any mention of it violation of tho liquor laws. On motion of Attorney John P. Mur phy coutt yesterday appointed Mich ael Haznary guardian of Mat la, Mich ael, Joseph and John Stanlslaw, of Winton. Announcement was made yesterday of an amicable settlement of the case of the Real Estate Title and Trust company against the Carbondale Tt no tion company will likely bo reached. The case of Mrs. Winnie Weber York against John Weber and others, has been appealed to the supremo court by tho plaintiff. This Is tho case growing out of the two possible readings of the case of the lato John Weber. Rebuilding Prices On during this sale SUPERIOR COURT MEETS NEXT MONDAY BIG LIST OF CASES TO COME BE FORE IT. Judge John I. Mitchell, of Tioga County, Will Make His Appear ance on the Bench for the First Time, Succeeding Hon Dimuer Beeber, of Philadelphia Number of Cases Have Been Transferred Here from Other Districts for n Heating The Trial List. Next Tuesday, nt 2 p. m,, the an nual sessicn of tho aupcilor coutt of the stato will open In the supeilor coutt loom of tho coutt house. Judse John I. Mitchell, of Tlogj county, who was elected in November, will be seen on the bench for the flist time. He succeeds Hon. Dlmner Beeber, of Philadelphia. A batch of opinions will bo handed down and among them Is expected that In tho Little libel easp. The trial list of the coming teun Is as follows: Monday, J.utuaiy Sth, 1900, fiom Plttsbutg dlstlct: Commonwealth against Michael Mc Mahon et a., appellants: Transfer Horn quattei suasions Allegheny coun ty. Commonwi nlth against Samuel Haz lett, appellant: Tinnsfer jiom quar ter sessions Washington count v. Tor t'aibon, Columbia, Monroe, Montour, Wyoming and Lmcino counties- J. 11. Eisenhower, appellant, against thu schocil district of tho botough of (Yntiulln: Appeal fiom common picas Colitnihl t county. Mossls Klntner against Jaoob Mooter und Mnhuhi Moslor. appellants: Ap peal frim common pleas Momco coun ty. Kianklln Mosler and Elizabeth Her man, appellants, against M. Prank Coolhaugh, nyjlgnee, et al,, In equity: Appeil fiom common pleas Monroe county. Commonwealth to use of school dis tiict of Ross township against I'eter Oruvcr, et al,, appellants: Appe.il f i oiii common pleas Monioe county. ficoigp 1. Cottier, appellant, ngalnst Montour county: Appeal fiom com mon pleas Montour county. Estate of Etui S. Wheeler. Harriet 0. Wheeler, et al.. executots, appel lants, against L. M. rotter: Appeal fioni common pleas Wyoming county. Commonwealth ox I el. school dliee tors of Meshoppen botough against Chailes S. Wheeler rt al., appellants: Appeal from common pleas Wyoming county. LUZERNE CASES. J. N. Culver, appellant, ngalnst Oeorgo Hazlctt: Appeal from common pleas Luzerno county. In ro widening of William street, In the botough of Plttston, ltobeit W. Smiles et al appellants: Appeal from common pleas Luzerno county. In ro estate of James Hughes, de censed, Cleotgo Hughes, executor, ap Men's Overcoats. $12, $15 and $18 Overcoats in almost every kind and shade of cloth, Meltons, Beavers, Chinchilla, Worsted and Vicuna, odd lots and only a few of the running sizes. We have placed them all on one large table. Some of the best Overcoats that were left over have been put into this lot. You may take your choice $r.50 and $12.00 you will find some things that are marked far below the cost of manufac s start work, no matter how much loss of profit is necessary to do it. We THERS pellant: Appeal fiom orphans coutt Luzuinu county. Has-Iutou Plumbing and Steam Heat ing company against A. V. McAllister, assignee, et al.. appellants: Appeal fiom common pleas Luzerne county. Commonwealth, appellant, ngalnst C'eoige L. Llewellyn and AVllllam Diu ty: Appeal ftom qujiter sessions Lu zetne county. Estate of Lewis Landmesser, de ceased. Nelson C. IJrugle, appellant: Appeal from otphans court Luzerne county. Ann Jenkins, to use of John Rutto lomus, against The Quaker City Mutual Fire Instil ance company, appellant: Appeal from common pleas Luzerne county. A. J. McCue, appellant, against Wil liam Holelran, et al.: Appeal from common pleas Luzerne county. (itillagher Bios, against Catherine Butke, tt al,, appellants: Appeal from common pleas Luzerne county. Jacob Euth, Jr., against Anthony Udlr, et al., appellants: Appeal from common pleas Luzeinu county. In io widening of Mill stteet. Lu zetno botough, W. J. Donlln, appellnnt: Appeal from common pleas Luzerne county, In io pilvate load In Donlson town ship, August Stople, nppellant: Appeal from quarter sessions Luzerne county. In re estate of Joseph Luton, deceas ed, Ann Luton, administratrix, appel lant: Appeal from oiphans court Lu zerno county .1. II. Vanliiven ngalnst Alvln Holmes, et al.. appellants: Appeal fiom com mon pleas Luzet no county. James Wallace, admlnlstiator, appel lant, against tho Mctiopvlltnn Life Insurance company: Appeal fiom common leas Luzerne county. Biidget Itellly against tho Prudential Insuianee company, appellant: Appeal fiom common pleas l.uzoine county. Commonwealth f Pennsylvania, ap pellant, ngalnst Plymouth township: Appeal ftom quatter sessions Luzerne county. E. V. Bogert ngalnst county of Lu zerne, appellant: Appeal from Luzerne county. In io estate of Silas Sutton, deceased, Abulia Sutton, et ul., appellants: Ap ppal from orphans com t Luzerno coun ty. E. W. Ciuinley against the Crescent Coal company, appellants: Appeal fiom common pleas Luzerno county. LACKAWANNA COUNTY. Lackawanna county, list called Wed nesday, January 10th, 10 a. m.: V. E. Nettleton ugalnst Joslah D. Cutjl, uppellant: Appeal from com mon pleas Luzerno county. In io lunacy of Peter Oarvey, Mary Ann Dolphin, appellant: Appeal from common pleas Lackawanna county. Hill i y L. Shltfer against (leorgo F. Jacobus and Thomas Moore.nppollnnts: Appeal fiom common pleas Lackawan na county. City of Sernnton, nppellant, against H. T. Koehler: Appeal from common pleas Lackawanna county, Thomas McIInlo ngalnst the borough of Tin oop et al uppellants: Appeal from common pleas Lackawanna coun ty. Abl Parsons, administratrix, against the Sctanton Caiamel company, appel lants: Appeal tiom common pleas Lackawanna county. John Pressman, appellant, against the borough of Dickson City: Appeal from common pleas Lackawanna coun ty. J. R. Luce and tho Scranton Knit ting company against John J, Howiey, trim med tweed cloths 0 in Rebuilding Prices On Men's Overcoats. $10, $12 and $13.50 Overcoats; lots that have been brought together in this de partment. Light or dark shades of Bed ford, Whipcord in Herringbone pattern or plain, pure satin or plaid linings through out, satin sleeve linings and pipings, cut in the very latest full box style and our re liable quality of cloths. You can see these great values in our show windows. Your iotfof...of..!w.! $7.75 and $9 appellant: Appeal from common pleas Lackawanna county. Chailotte J. Sykes, executrix, against Dr. Augustus Van Cleef, appellant: Appeal from common pleas Lackawan na county. Henry Snyder, assigned to W. A. Moulson, appellant, against G. II. Ful ler: Appeal from common pleas Lack awanna county. George G. Wlnans against L. M. Bun nell, appellant: Appeal from common pleas Lackawanna county. Commonwealth, appellant, against George Clark: Appeal from common pleas Lackawanna county. Borough of Taylor against Postal Telegraph and Cable company, appel lant: Appeal from common pleas Lack awanna county. City of Scranton against James Man ley, et al., appellants: Appeal from common pleas Lackawanna county. Emit C. Rhule, appellant, against Diamond Colliery Accidental fund: Ap peal from common pleas Lackawanna county. J. W. Guernsey, appellant, against W. C. Froude, et al.: Appeal from common pleas Lackawanna county. THE SECOND WEEK. The ttlal list for the second week, beginning Jan. 15, Is as follows: City of Harrlsbuig against George F. Mish, appellant: Appeal from common pleas Dauphin county. City of Hairisbuig ngalnst Miller & Hettzler, appellants: Appeal from com mon pleas Dauphin county. City of Hairlshurg against Margaret M. Frank, appellant: Appeal from common pleas Dauphin county. City of Hairlsburg against John P. McPherson, nppellant: Appeal from common pleas Dauphin county. Commonwealth of Pennsylvania against Louis V. Warner, appellant: Appeal fiom quarter sessions Bradford county. In ! appeal of David Dahymplo, Claia Roy, appellant: Appeal from orphans couit Bradford county. Troy Water company and Ell B. Par sons ngalnst the botough of Troy, rt al., appellants: Appeal from common pleas Bradfotd county. John Howie to use or N. jr. Betts, cashier, nppellant.agalnst Evan Lewis: Appeal from common pleas Bradford county. Vermont Farm Machine company, to use of C. H. Tiffany, against Jackson Chandler, nppollant: Appeal from common pleas Susquehanna county. In ro estate of Patrick Moran, de ceased. William C. Moran, nppellant: Appeal from common pleas Susquehan na county. Thomas S. Solomon, ot al.. nppellant, against John Rogers nnd Nelson Jor dan, In equity: Appeal from common pleas Wnyno county. Andrew Blesecker, assignee, againrt R. E. Cobb, et al., appellant: Appeal from common pleas Wayne countv, Emma Brechtel nsalnst E. II. Cort ilght, sheriff, appellant: Appeal from common pleas Wayne county. GREEN RIDOE. Miss Mary Wade, who has been the guest of Miss Jean Mitchell, of Mon roe avenue, during the holllays, re turned to her homo In Hackettstown, N. J., yesterday. Dr. J. L. Fordham, of Capouse ave nue, has returned from a short visit with Philadelphia friends. The water has been turned off tt tho Dickson avenue watering trough, Children's Suits Overcoats $2.00 Vestee Suits, silk soutache, : $1.73 $2.50 Vestee Suits, fine cloth quail- iQ ties.. P $2.50 Reefer Suits, in dark $1.89 $2.00 Reefer v e r c o a ts, . guuu si;"': $1.48 gsl $2.50 Reefer Overcoats, all wool chinchilla $2.19 $3.00 Reefer Overcoats, some excellent values in this & yi I lot . J O v iv Copyright, 180. iTiik Stein-Block c. Always the Truth in Our Windows and Advertising..... and tho Market street trough has been without water for some time, making' tho neatest wattling place tho Provi dence squaic trough. Tho Young People's Society ot Cluls tlan Endeavor of the Ureon Ridge Presbyterlnu church held their regu lar monthly business meeting and so cial last evening. , C. Toby and family, of avenue, have returned ftom Cnpousa n woek's stay in Forest City. Miss Florence Bow en, of Jefferson avenue, will resume her studies nt Wyoming seminary today. Miss Fannie Marvlne, of Sanderson avenue, who was opetated on at thu Lackawanna hospital some time ago. is expected homo tomorrow. Miss Mnrvlne'a many friends will bo glad to know that the operation was a com plete success, and that she is now en joying oveellcnt health. The Wiiiuans' Missionary society if the Gteett Rldgo Presbytetian chuieh will meet In tho lecture room this af ternoon at ".30 o'clock. Evciy woman In the congicgatlon H invited to at tend. SUPREME COURT MEETS. The New Members Take Their Seats. Philadelphia, Jan. 2. When tin su piemo court of Pennsylvania assem bled today tho chair occupied until last Saturday by Chief "Justice James P. Sterrett was ai'imiml by his suc cessor. Justice Henry Green, of Enston. who will complete his turn of twenty one years January 1. 1901 J. Hay Brown, of Lancaster, and Bteveu Les lie Mebtrezat, of Lafayette, wlu wero elected last November to eomplotejths) membeishlp of the court, al.o took their scats. There was no ceietnony. Immedia tely after tho opening oMho couit the commissions of tlio-tJireo"lustccs wer.j read by tho protbonoinry and tho court proceeded with tho matters bpfore It. Thcro wero piesent many membeis ot tho bar of Philadelphia nnd ndjacc nt counties. BEAUTY, M CONQUEROR BELLAVITA Araenlo Beauty Tablets and Fills. A ror. fectlyaafo mid guaranteed treatment fornllklilu disorders. Restores the bloom ol youth to ftded faces. 10 days' treatment Met SO dajs' $1.00, by nuiti Bnnd for circular. Address, . UiUVITA MtDICAL CO., Cllolon a Juksoo SU., Ctksf Bold by McQarrah S. Thomas, Drug gists,, 209 Luckawanra uvc., Scruutou, Pa. l. MAKE PERFECT MEN 0 NUTIiriPAIRI DunnlNu. "tr Loniurl 1t JonJ ambit vntot If ran t rttterrd tf )u Tht vtfy sun v iai cvviii.tiimiifw v jmiucrtilont or tic-tut uftttiy )tti lnptrt vttTur and Doienc lu irerv funo lion Bnrt ptnciysttm Jl m. bloom to lit Kki&nd lufttrst to tka at , Onf Me boirvnfwtflUl ntrfy I ? ovntj or viar oivt i.MftCoaiDlsjUitutiftfittftdfurtfBWvr ruontv i ftjniied- t4r k ctrrUil In nt nrlv'Sor tfrrrnrblr or milled Io Dlln wrtpptr an itcvtpl eric. tt t rum-re ife cuImi kUf., m-t.' Bold In Scranton, Pa., by Mattbeirj Broa. and McQarrah Thomae, druggists. . v
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