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 -