12 THE SCRAWTON TRIBUNE- SATURDAY, JANUARY 27, 1900. L. JUDGE ARCHBALD'S LENGTHY OPINION tConclutled from Tage 6.1 by a belt In ono of the compartments the Hame as the prepared coal. (d) The proposed structure for all practical purposes will be a safe one; built on the How truss plan, the apart can be lengthened out to 100 feet and even further, without any difficulty: Uklnsr the capacity of the breaker at 120 tons an hour and the speed at which the belts will travel at two hundred feet a minute, the welsht of tho coal upon the structure at any one time will not exceed ten tons; and the compart ments In which the coal Is to bo con veyed belnir boxed In, there will be no opportunity for anv of it to pet out and fall upon the trucks or pnssInK trains benoutli, In which tespect It would be it great Improvement on the present bridge, which is open and un protected; further, If the ends arc built bo as to rest upon substantial slono plors or abutments at least fifteen feet from the nearest rail, all danger of the supports being knocked from under It by a derailed engine or train running Into them would be removed. The only menace to the railroad would be from a fire starting in the breaker ana com municating to the bridge and the debris falling down upon the tracks, and blocking them, but the destruction of the breaker by lire as it now stand, but twelve or fifteen feet fiom the nearest rail, would result In practically the same thing, and tho extension of the bridge would not materially in crease this danger. As to the sparks from passing engines, the structure, If properly covered or sheathed with Iron or copper, would be sulllclently pio tectcd. Tenth The capacity of the mines nnd breaker of the plaintiff company is 120 tons an hour, or 1,200 tons a day, amounting to non.ooo or r.GO.OOO tons a year. Although the mines have been operated steadily for over forty years, there are still about 3,000,000 tons of merchantable coal on the property, the great bulk of which la on the westerly side of the railroad. It is also esti mated that there are some 700.000 tons of the smallest sizes in the culm or infuse dump, which In the present and prospective condition of the trade can be screened and marketed. The best veins, however, have been worked out nnd the coal which remains realities to be mined according to the most up proved and economical methods In or der to be prolltuble. The proposed overhead structure with Its system of belt conveyors is In line with this and Is necessary for the full and profitable working and enjoyment of the tract as h coal property. Without It the com pany Is practically confined In the sale and transportation of Its coal to such arrangements as It may be able to make with the Delaware. Lackawanna and Western railroad only. COMPANY DKSIRKD TO BUILD. Eleventh In June, 1S93, pi lor to mak ing the contract with the New York, Ontario and Western railroad, E. L. Fuller, president of the plaintiff com pany, met W. II. Truesdale, president of the defendant company, and stated Hint iiis pamnany desired to build an overhead brlu&e across the tracks of the railroad such as bus been desctlbed, nnd asked permission to construct on the railroad right of way. in such manner, however, us would not Inter fere with Its traffic, the necessary pre liminary false woik lit order to do so. He explained by a sketch the proposed system of conveyors and the character of the constiuctlon. Just where it was to bo put up, its dimensions, purposes, etc.. and offered to construct it. If so desired, under the supervision and in accordance with the views of the rail road company's engineers. It was con ceded at tho time that this was for the purpoBe of shipping the coal produced at thp breaker by tho New York and Ontario railroad. Mr. Truesdale de clined to allow the tonstructlon, either of tho false work or the proposed bridge, and announced that the com pany Intended to hold the coal and not let it so to another road. He asked If the Mount Pleasant people were not satisfied with their tieatment; to which Mr. Fuller answered that they were not, and that, on tho contrary, they were very much dissatisfied: that the railroad company had not lived up to the terms of Its contract and had dis criminated in favor of other operators. refusing to furnish cars to the Mount Pleasant company for anything like the tonnage agreed to be taken under the contract, for which statement ho save facts and figures, apparently con vincing Mr, Truesdale of its truth. Several Interviews of similar charac ter were had afterwards, but without favorable result. Both parties con sulted legal counsel and the railroad company being advised that the cross ing could not be made without Its con sent, declined to allow the construc tion, nnd the present bill was Hied. Mr. Truesdale subsequently notified the Mount Pleasant Coal company by lettsr to take down the existing culm trestle, or bridge, and remove the breaker from off the limits of tho right of way. giv- ing them until January 1, 1900, to do so. See a copy of this letter attached as Exhibit C to tho defendant's answer nnd made a part of these findings as there set forth. The law bearing on the case is as follows: First By the deed from "William Swetland, of January 23, lS5t, tho de fendant company acquired across the land of the grantor a right of way for Its railroad sixteen rods wide, exten 1- lng one-half, or forty-nine and onc balf, feet on each side of the center line of the railroad track then laid upon it. Second The defendant company, as ii public corporation charged with the operation of a locomotive railroad and the transportation of passengers.frelght nnd coal thereon, is entitled to have nnd enjoy the grant so made, and the right of way so acquired, for all pur poses incident to the business In which It Is engaged. Third The mere fact that It has not tccupled or made use as yet of this rlErtit of way to Its full width Is no tbrldgement of It. By permitting the tartles who were mining tlu tract pre ceding the plaintiff company to erect rlthln tho limits of the right of way Jielr coal breaker and other valuable md necessary mining fixtures, ami to (instruct an overhead bridge or trestle rosslng the tracks for the purpose of onveylng and disposing of culm and ther refuse from the breaker to the dace appointed for Its deposit by tho fase under which the property was ting operated, the defendant company t no doubt estopped from now lnter erins therewith; but that does not revent It from objecting to any urtlier extension of the said Improve bents or anv new construction ma trlally differing from thoso already In Jlace. , ORANT IN THE DEED. Fourth Otherwise than as so stated tho grant In the deed of January 23. 1824, Is not to be controlled, abridged On limited. That encroachments have been allowed upon It at certain points, ns at the Finch foundry or the Swet lond street bridge, does not stand In the way of the company claiming tho full width of the right of way elsewhere. Neither Is this width to bo controlled by the lines which appear on the mup or draft accompanying the deed of Sep Member 12, 1871, from tho defendant company to iPettebone (Plaintiff's Ex hibit No. 30, wherein a light of way was reserved on the adjoining Lucllla milkman tract Tho lines there found projecting the right of way so reserved nerosB the tract In dlsnuto at a less width than ninety-nine feet, ure out Ide tho terms of that conveyance and not aermano to It, nor referred to In It. 'Blng Incidental merely nnd serv ing no "direct purpose ua a part of tho conveyance, they are not of themselves sufficient to control or limit the former existing grant of nlnety-nlno feet. Fifth It Is unimportant to decide at this tlmo whether tho defendant com pany, by the deed from William Swct land, of January 23, 18S4, took more or less than It would have taken had It condemned the land under the power of eminent domain. That question, In my Judgment, docs not enter Into tho disposition of tho case. Sixth Ucgardless of the manner In which the right of way was acquired or tho width to which tho defendnnt company may bo now entitled, the plaintiff company without tho consent of tho railroad company cannot cross It with an overhead structure such us Is proposed. Seventh By the eleventh section of the Act of April 16. IMS, P. L. 464, It Is provided that: "No person shall con struct any building, wharf, platform, switch, sldewny, lateral railroad or crossing place, or make or apply any device whatever on tho ground set apart for or belonging to that forming part of or on the banks or excavation of any railroad . without per mission given under tho authority of the managers of the proper railroad company which per mission shall only be given In writing by a person duly authorised tor mat purpose: but If any person Bhnll com mence or make any such construction or device without such permission such person shall, for every such offence, forfeit and pay a sum not exceeding $100, and the ofllcer or agent having charge of such railroad may, at the expense of such person, remove nnd destroy every such structure or device." Eighth This act applies to the pres ent case nnd the pioposed structure fulN within Its provisions, nnd Is there fore prohibited unless the railroad com pany consents. Ninth The bill should be dismissed with costs. INDUSTRIAL JOTTINGS. Make Up of D., L. & W. Board for Today New Order Issued by Su perintendent Salisbury. Following Is the make-up of the Delaware, Lackawanna and Western boa:d for today: Saturday, Jan. 27, 1900. WILD CATS, SOUTH. 12.H0 n. m.-D. Wallace, with A. Pollux- mils' men. 12.:: a. m. 11. V. Colvln. l.:ai a. m.-CJ. Itatfeily. X a m. P. J. O'Mnlley. 3 a. in. M Heniilgan 4 a in. C. Tmvnsend. D a. in. V. F. Stevens, with A. Hopkins' men. 0 a. in. S. rarmndy. 5 a. in. 1 Wall. 9 n. ni. V. McAllister. 10.S0 a. in. J. !'. Stevens. 11 a. in. II .T. Larkln 1 p. m.-A. F. Mullln. 1 p. in. J. J. Duffy. .'! p. m. J. EnuK I.C, p. m. n. Ludlow. 1.1." n. m. T NaumiiR. 6 p. in. A. J McDonnell SUMMITS. 7 n. m., north G. Frouufelkor. 9 u. in., north McLane, with Warrick's men. in n. m., south II. Bush. t p. in., south M. Madlgan. PULLER. 10 a. m. Pecklns. PUSHERS. 8 n. m., south llou.'.cr. 11.30 a. m., south Moran. 7 p. m., south SI. Murphy. 10 p. m., south C. Caw ley. PASSENGER ENGINES. CIO p. m. McGovern. WILD CATS. NORTH. 5 n. m., 2 engines G. Hill. .S a. m., S engines H. Caslner. 11 a. m., 2 engines C. Klnjuley. 1 p. m 2 engines E. Masters. .'1 p. m., 2 engines O. It.indolph. ti p. m., 2 engines T. rttzpatriek. S p. in., 2 engines T. Doudlcun. 10 p. m., 2 engines John Guhaguiu WOMEX and 'Women Only, especially mothers, are most competent to appreciate the purity, sweetness, nnd delicacy of Cdticura Soap and to discover new uses for it dally. Its remarkable emollient, cleansing, and purifying properties, derived from Ccticura, tho great skin cure and purest of emollients, warrant its use in preserving, purifying, and beautifying the skin, scalp, hands, and hair, aud in tho form of baths nnd solutions for annoying Irritations, Itchlngs, inflammations, and chaflngs, too free or offen sive perspiration, and also In the form of washes for ulcerative weaknesses, as well as many sanative, antiseptic purposes, which will readily suggest themselves. All that lias been said of Ccticura .Soap may also be said of Ccticura Ointment which should bo used after tho Soap, In tho severer cases, to hasten the cure. Complete External & Internal Treatment for Every Humor, 91.28, con? lMinjs of Cuticura soap (2.V. to demise tho skin of crusts and ufales nnd soften tha thickened cuticle, CirncunA Ointment (S0c.), to Instantly allay Itching, Inflammation, and Irritation, and soothe and heal, and CUTTCUR1 Resoi.vi.nt (Soc.), to rool nnd dram e tho Mood. A StsoLK Set I often sufficient to cure the moet torturing, illaitgurlnir, and humll. I.itlng skin, Ecalp, and blood humors, with loss of hair, when all cleo fails. 1'oiieu Dnuo and CiiEM. Conr., bole Props., Boston, CemnoAjSMace SCRANTON'S SHOPPtNQ CENTER. New Orders Issued. Superintendent A. C. Salisbury, of the Lackawanna company, yeaterduy Issued the following order to tho con ductors of the road: When neecs-.K.'iry to tlouhle through a tunnel, thu engine, while backing up lor the re.ir end of tho train, should uso the west bound track If backing- weM, and tho oast bound track if bucking east, provided there nre cross-overs within reasonable distance, so this can be done. If It would Involve great delay to cross over to the proper track, then a brake, man must be s-ent to tlag the tngln through tho tunnel. When a train Ik doubling, and a portion of It Is left on the main track, the other portion must not run by the cross. over without Iiului; u man at tho cro.-M-over to prevfiit any otber train from getting between the reparoled portions'. INDIANA'S FREAK FARMS. Leeches, Weasels, Tomcats, Skunks and Frogs Some of the Products. From the Indianapolis Sentinel. For freak fanning Indiana certainly takes the lead. Instead of depending on corn, wheat, rye and the manifold standby, a great many farmers In Indiana are devoting their tlmo and euetgy to raising other products, sudi ns Hkuiiks, weasels, rabbits, frogs, ginseng, tomcats and noxious weeds. Indiana has six large skunk farms, and the Industry is becoming so extensive that recently a "trust" has been formed Tho pelts are very valuable, bringing from $l.r0 to $2 apiece, according to thu quality. The skunk farmers are now rnlblns the brutes by the thous ands. The young are ptttty and do not demand much care, and are cheaply maintained and easily placed on the murket, and are profitable. At New Harmony, Posey county, there Is a large family of Angora cats. Herman Eular, of that city. Is a genuine farmer and tomcat jobber who has made a fortune In the handling of this breed of cats. Ho has sold over ::,000 cats In the past year. He has sold some as high as $50, and none for less than J23. It will readily be seei. that cats at $23 apiece will make a man more money than any of the many ceieuls raised on the farm. There Is only ono leech farm in In diana, and that Is probably the only one In the whole country. The industry is carried on in mo.ss-tllled vuts, Tho breeding leeches were shipped from Germany some years ago, and all of tho product is thoroughbred. The leech market is nothing compared with what It formerly was, when physicians prescribed an application of leeches for everything, from cold feet to a raging fever. Still there Is a good demand for them and they bring a fancy price. They get plenty of food and will keep for an indefinite time. There are four large rabbit farms In Indiana. The largest ono Is located at Wabash and covers sixty acres. Tho company Is headed by Nathan Meyer and Is known as the Wabash Belgian Hare Breeding and Importing Company. The company expects to raise 1,000,000 hares this year. The bunnies are fed on hay. and they consume about 2S0 pounds of green grass a day. Their pelts are In great demand and the meat is edible. Moreover, they sell as pets. From their hair the finest crush hata are made. Hares are easily handled and are preferable to skunks, and there is no danger of an "off" year. For many years the farmers thought peppermint weeds obnoxious, and grubbed them out. Today there are three big peppermint farms In Indiana. Tho largest Is located In St. Joseph county, and is owned by Maik Heeger. Another Is on thu Michigan-Indiana line and Is owned by some I'olt-s, and the other is in Lake county. Its uses aro numerous, but the gi cutest demand comes from the uianulucturcrs of print fabrics, who use it to make the coloia more solid. The successful peppermint farmer can make from $75 to $100 an acre from his land. The most freakish line of freak funn ing Is the new wrinkle in fattening the watermelon. Hero the farmers steal a march on Nature and fatten them. They do it by performing a surgical operation on the stem, inserting a cot ton fuse, which is patsed through tho cork of a bottle of sugar-sweetened water. &siiH3iiiiiiiisi I JTZ Tilt Molll-KN llAIIDWAUK STOlt S i THE PURE QUESTION $ TJT lias attracted u gic.it dril of 25 attention tho p;ist few years. gTX No mutter how pure tho food 1 F may be. It will buffer, If j cooked in a cheap enameled srx kettle that Is not acid proof. I STftANSKY STEEL WARS -a lias four coats of enamel, burnt US. on separately. Supposo you rjr try ono piece of Htransky jj Ware. 255 Our name on every article. Ks Foote & Shear Co. ag JJ9 N. Washington Ave SlttlSttlllt i n I Wash Goods Capital, enthusiasm, will. Our Wash Goods stock shows the influence of all chese. The variety is rapidly reaching its zenith. View the display from every point Easy to prophesy your verdict "Perfection." We've striven for your appreciation striven faithfully and succeeded. For witness of our efforts A texture of the finest Linen, with a finish like silk, in neat stripes and checks of I all colors; also plain shades. Our success with this cloth last season was so great that we have providsd a hue this year double in size and even lower in OCrr nriee. and this under the nresent hirrii market condition!;: Our Price... '' 9. J Q . W- W..WM -- -V- - ..WW... A fabric of acknowledged superiority. In the quality ot texture, artful color blending and fanciful woven designs these Madras Cloths easily lead all OCr cnttnn trnnrls; of thrir r1n5s. Our Price JJJ S "The Mill Cannot Grind with Water That's Post' A fagged out, tearful little woman said this in telling her cares and weaknesses. Her friend encouraged by telling of a reUihe who tuxs cured of just such troubles by Hood's SarsaparilU. The little ivonun new has tears of joy, for she took Hood's, which put her blood in prime order, And she lives on the strength of the present in stetd of worrying About that of the past. Told Her Friend " After having goitre on my neck 42 years Hood's Sarsa pariUa completely cured me, was so glad I told friends about it and a lady in Wisconsin who read of my cure told me she also took Hood's for the same trouble and was cured. She thanked me." SMrs. cAnna Sutherland, Kalamazoo, SMich. Mmd&SaUai Ml u m I To PATENT Good Ideas may be secured by our aid. Address, THE PATENT RECORD, Baltimore, Md. ''' In a Modern Mill IJvcrythini; is as tlcan as in modern kitchen. SNOW WHITE Vlmir Is n.uiic In a MODKUN mill. Oct it of jour grocer. "We only wholesaleit." THE WESTON MILL CO. Scranton, rorhnnrlalp. nivnhant. 4, WUl VUUMU.Vy V.JUHU l The aim of the makers of American Dimity has been to provide an equivalent for the most saleable imnorted eoods at a teinptincr reduction in cost, and the effort has been crowned with the most notable success. A close comparison with quality and finish, as well as excellence of colorings and designs, reveals no inferiority to the same grade of work by the noted makers abroad, while the nominal price of our Domestic Dimitv will secure its popularity. Tins Diraily is unquestionably the best fabric ever offered at the price in the history of the Dry f r rr Goods business. Our Price "VJr' CONNOLLY & WALLACE, 127 and 129 WASHINGTON AVENUBl The Dickson Manufacturing Co. bcranton and Wllltos-Uarro, Pa, Manufacturer! of LOCOMOTIVES, STATIONARY ENGINES Boilers, Holstineand Pumping Machinery General Office. Scranton, Fa. Hood's fill! cart llrer Ills I th non-ltrluttng and "cnly cathartic te lake- with Hood't 8trp4rili' . 1 j ' lillulllirriu41WM. filMdreltoa, YtqUtful Krren. Lol Tlttlltr Vrtoool. tia. Mud br TwtlaanUlf ud Boek .. Tram lo Prof. U. f. THEE I, M. B.. 04 Norfi Hlttk t, Pail.d.l.hl.; I'm. IuulTlr Ui Dlr tiwolallil In thl Iu3 BUtM u ear Tto iLouih tbf molt eilttirmtcd idm Itlliufalloa.l'retbfumurcdtii 4 lolOtut Hunt S S t ,t t m i i i i m i m i i I m I.1 iLiLlAUiiLilluUUXlLU DSmm4TMM Dimamx AMafaaa. P & C T7 aTfaT.T9.T Rocker Talk. Reed Rockers, were $3.75, 5.00, $6.50, $12.00. Now $2.75, $3.75, $5.00, $9.50. Fancy Rockers, were $3.7 j, $5.50, $7.00, $10.00. Now $2.75, $4.00, $5.50, $7.50. Bed Talk, Metal Beds, were $7.50. 10.00, $12.00, $15.00. With best springs, now $5.75, $7.50, $9.50, $12 Bureau Talk. Bureaus, white enamel or oak, Oval Bevel Plate Glass, were $i6.jo; now $12.50. THIRD NATIONAL BANK OF SCRANTON. DEPOSITARY OF THE UNITED STATES. Capital surplus . $200,000 ... 45O.000 WM. CONNELL, President. HENRY BELIN, Jr., Vlce-Pres. i;v? imm m CARPET ECONOMY It's real economy to buy your Car pets now. 1 Spring patterns here in all their beauty. Stocks complete in every I department, and all at the old prices. No advance here as long as present stock lasts, Will it pay you to wait I and pay higher prices? We'll gladly store any goods selected now free of I charge until you want them. I WILTON I AXMINSTER I VELVET I BRUSSELS I INQRAIN I WILLIAM II. PECK, Cashier. 0 I RUQS WALL PAPER I DRAPERIES Williams & McAnulty, ? W'W!H"iWWI(TWlWlWWl East Mountain Lithia Water Bold by All FJrst.Clnss Druggists. Highly Kecoiu mended by Physicians. FAMILY ORDERS PROMPTLY FILLED. Our Entire Stock of Diamonds, Watches, Jewelry and Unredeemed Pledges Are Now Sold at Auction to the Highest Bidder, as We Must Vacate the Store We Now Occupy by April 1. Davidow Bros 227 Lackawanna Ava. E. Ill's IS Lager Beer Brewery Manufacturers r OLD STOCK PILSNER 435 to 455 N. Ninth Street . SCRANTON. PA TelephoQ! Cnll, 2333. MOUNT PLEASANT COAL At Retail. JOSEPH ROSS. AGENT, Offlce 902 West Lackawanna Arenie, Scranton, Pa. TmLKPHONB 4738. Coal of tha best quality for fomostlo use and of all slzea. Includlne Uuckwlieut and Oirdeeye. delivered In uny part of the city, ftt the lowest price. Ordcib received at the offlce. Connell building. Room 506; telephone No. 1762, or at tho mine, tflephono No. 273, will ha promptly attended to. Deakra supplied at the mine. MOUNT PLEASANT COAL CO m 'jfvHaaW 1U M 'aaaV Sjiiiiiiiiiiiiiiiiiiiiiiiiiimiiiiiiiiiiiiii Umbrellas Repaired I or I Recovered. Skates Sharpened I FLOREY HiHtS' I 211 Washington Ave. We can show you the 1900 Model Chainless Bicycle if you will calL IIIIIIIII1IIIII1IIIIIIIIIII1IIUIUIIMI13 THB Minn m Dnuncn rn jiMiuoiu lunuijii iu. Booms 1 and 2, Com'llli B'l'd'g. SCRANTON, PA. DR. DENSTEN, 311 Spruet Street. Scran ton, Pa. 'II -cute atw Chronic Plaeaaca ol Men. Wonvn an 1 Children. Consultation an J examination lre. pillce Houra Dally and Buatlay 8 a. m. to 9 p. m. lining and Blasting POWDER Uade at Mooalo and Rush lale Worici. LAPLIN 6 RAND POWDER CO.'S ORANGE GUN POWDER Elcetrto Hatterlei. Klaotrlu Bxololtri. splodlnx blatti, nafety Km ant DunanHik ri,..l..l f U HIQH IIQiaUIIU UiltfffllMI UVi CXPllOdVESJ V .,,..4,.,. .. s -