kk-"- - ifytmmitt' Wl, t.ij.i- mMf 'wfuj-tt--- THE SCRANTON TRIBUNE-TUESDAY, FEBRUARY G, 1900. '-( NORTON'S BULLETIN. r?brliary Magazines. Becclved at Norton's This Week. McClure'a, Munsey's, Popular Science, Now 75c. All tho Fashion Monthlies. Century, Harper's, Scrlbner's, Ladies Home Jourrml, Metropolitan, Cosmopolitan, Strand, Pearson's, Wide World, Argosy, Designer, Delineator, Ladies' Homo Companion. All the New Books at Cut Prices. Blank Account Books, all Sizes and all Styles, for all sorts of 'business. Mercnntllo Stationery and office requisites, all sorts. M. NORTON, 322 Lackawanna Ave., Scranton. SPRING STYLES NOW READY 412 Spruce Street. Try Our Special 10c Collars, ill modern shapes. Lackawanna TlfE" aundry. ,-cS Penn Avcnu:. A. B. WARMAN. PERSONAL I". J. Cusev vvcrt to N'ew York cstcr d.i . ' Kx-8hcrlff Charles. lloblnon is In New Vntk ill. MIs i:il7.iletli Docr.sam Is In New "Vmk dt, tho guest of .Its. Henry C. Dmid, foimorly of this olty. J ion. Willi i in J. Iowis and John I.iBar lift psf on i for Tampa, I'll, where lluy will spend sepral month". Trunk (.', ltoth, who was In attendance nt the funeral of the litn Judge (Jun Mn, icnmud his studies nt the I'nlvct plty of l'ennslanla esterdav. C. I. Davidson, Major J. W. Oakfoid ami V. i 1'iclt are In Hollleshurc, Miss, .minding the annual iiHitln- of the J .1. New m in l.umlici company. In which tluv with other Sci.intonlnns hold tho controlling interest. COMMITTEE SID NOT MEET. Mayor Sid Not Have the Notices Sent Out. Owlnc to tho fnlluic to notify the joint l.iduit confeionce committee of council0, the ptoposed meeting of that body wns not lield last ovonliiK. Mnor Moit Rave Count llmun C.ilpin to under Mand that ho would call a meeting, but he did not do so. The election at which the l.uluct proposition Is to be a otod upon is now only two weeks off and jot the tu p.ijus have no dt Unite information us to how much cither tho Dclavvaie, Lackawanna and Western company or the S t.mtoii Hallway company will nay tow ni ils tho juoposed Impiove nunt. Tho matter has been pi iced before tin ollldals of tho Scranton Hallway i ompan and an answer is belns await ed fioni them, but no cffoit whateor has been made to see the Lackawanna officials and unless hteps In this dliec tlun ai o taken at once, the people will be in the dnik ieaidlnK the matter on Fcbiuaty .'0. IT'S FINANCIAL REPORT. Statament Issued by St. Vincent de Paul's Socioty. Following is tho tin.inrlnl statement It-sued by St. Vincent do Paul society, a (huitablc oigunl5atlon connected with .St. 1'etoi's cathedinl Hilunco on hand Januaty 1, 191. Slot; OS; totil leielpts riming tho year 1S91, IM1.1S: total oxpcnriltuies during the yeai, $ll.r.o. balance on hand Jun uaiy 1, lltOO, Jjrciifi; lecelvod fiom tho pom boxes in the eathnlial for months of Juuuaiy, 1000, $10 m -ioi'-i.t. oi:t coi.i,Aiti:n dATintUAY. Smoke tho "Hotel Jcrmn" cigar. lOo. Open Until 9 O'clock As our time is limited in which to close out our large stock of Hardware Tools, Cutlery, Ranges, Heaters, Furnaces, Etc, Etc., we will not close uutil 9 p. m. daily. For bargains come quick, Lackawanna Hardware Co,, 821 Lackawanna Avenue. THEY HAD A LIVELY LITTLE WORDY WAR VERBAL TILT BETWEEN ORIER AND H. X. PAINE. Squabble Was at a Meeting of the Joint Auditing Committee and Was Over n Claim of the Abington Turnpiko Company Mr. Drier Said the Claim Was Outrageous and That the Company Had a Bulge on the City and Was Taking Advantage of It. The old Abington turnpiko question was again resurrected at last evening's meeting of the Joint auditing commit tee of councils and Its resu.rectlon fur nished the cause for an exceedingly lively and animated ctbal tilt between Common Councilman James J. drier, of tho Thlid ward, and President II. H. Paine, of tho company, In which tho lie wns passed on two separate occasions. The company yesterday presented i claim for $190 S9, the bamo being for woik done by the company on that portion of tho turnpike lying within tho city limits. In tho months of September, 1S9C. and October, ISO!). The claim w.h accompanied by an affidavit sworn to by Mr. Palno, stating that duo notice had been given the city before tho work was done. It was this claim that caused the ar gument. Alter It had been lead by Clerk Morris, and before Mr. I'alno could get a word In edgewise, Mi. Grlor spoku something as follows: WHAT GHIER SAID. "This city has been spending too much money on that road Itself to go to work and pay over $190 nt this time. We'vo spent nearly $10,000 on that little piece of road In the past ten years and I can prove It." At this point Mr. Giler took a paper out of his pocket and rend the follow Ins list of amounts epended for the lepalr of this load since 1S90. 1S90-93, $.',200; 1S94, $1,000; 1S95, $.-,69 10; 1S9G, $970 31; 1897, $1,000; 1S9S, $3,000. He then resumed: "And now Mr. Palno comes in hero and wants $190. It's a shame. Hero's the city taking caie of three-quarters of th'a road, while tho company tako- c ire of one-quarter, and jet takes In toll aei aging $600 a, month." "I deny that tho company takes In that much a month," shouted Mr. Paine. "And I say they do," shouted Mr. Griei. "They don't." "Yes. they do. That's probably call ing you a liar, but they do," responded tho gentleman fiom the Third. Mr. Paine thereupon explained to tho incmbets that by virtue of a Supreme court decision lendcred somo jears ago, the company was pmpoweied to leo.ilr tho road within the city limits when nicessnrv and charge the sains to the city, piovldlnpr that due notice was given to the stieet commissioner befoiehand. Mr. Palno said this had been dono ami the claim was accordingly Just. Mi. Xlzelman wanted to know why Mr. Palno had not pressed tho claim be fore, It being now four jears old, and he tcplicd that he knew his money was safe, that the city was good for It. HAS THn nULGC ON CITV. 'That's It." said Mi. Gilci. "What does ho cue, he knows the city has got to pay tho claim. Tho company has got a 'bulge' on this city nnd they realize It. As an illustiatlon of their nerve, the fact might bo mentioned that nfter the city acquired the road, tho company kept two toll-gatct In opera tion." "Not at the same time," again shout ed Mi. Paine. "Oh, yes, they did," vigorously re sponded Mr. Giler. "Don't think jou can sit theie and scare mo by opening jour mouth. You can't do It. You kept two toll-gates running at tho s-amo time, one at O'Mallej's und one at Cuslck's, and I know jou did." "I i-ay we didn't," said Mr. Paine. "And I say jou did," said Mr. Giler. "The councils of this city ought to h ivo spunk enough not to allow any com pany to bulldoze the city like this one has done for the past few j'ears. "Thev presented a claim for $2100 somo vears back and It would hive been paid only I happened to find out nn en or of $900 right hero In this offlco, and though they got a Judgment against tho city, that Judgment was $900 short of their original claim, That's a sample of the way they do business. Just think of it, after all tho money paid bv the city for tho repair of that ward, they come In here with n claim for $130. It's simply outtngeous." Mr. Fellows thought that a petition ouuht to hi circulated and piesented to the JudgHS, asking for tho rondem nitlon of the remaining portion of tho toad. CI. MM KUFKRRKD. Mr. CiodshuU dually moved that the claim be leferred to councils, and tho motion was unanimously ndoptcd, A communication from City Solicitor Vosburg was read, stating that the claims of Assistant Tlio Chiefs Ger ilty nnd Robinson, amounting to $13 each, should be paid. I'pon tho sticngth of this opinion tho claims weie oidered paid, nfter which the committee ad journed. . BANK'S ANNUAL MEETING. Old Officers and Board of Directors Were Ho -Elected. At tho annual neotlng ypsterdry of the Lackawunna Trust and Safe De posit company the foimer offlceis wore re-elected as follows: President, J. BenJ. Dlmmlek; vice piesldent, Shepherd Ayers: ticafcuier, John W. Fowler; directors, William Council, Henry Uelin, jr., Conral Kchroeder, J. Renj. Wmmlck, It. T. Hluck, George Sanderson, V. J. Horan, C. 8. Weston, C. H. Welles and T. C. Snover. i KICKED BY A MULE. Beese Owens, of Brick Avenue, In jured by Vicious Animal. Recso Owens, of 212S Jirlck avenue. Pi evidence, was taken to tho Moses Taj lor hospital yestrulay as tho result of an encounter with a villous mul?, while at work In the Dodjo mine. He was kicked by the animal oif the lower lip, a cut being mado which ex tend as far us his chin. 642 and 544 Quincy Avenue for sale. R. H. Comegys, Dime Bank Building. Liver complaints cured by Reecham's Pills. Smoke tho Pocono Cc. cigar. OFFICERS OF TODAY'S MASS. Priests Who Will Assist Bt. Rev. Bishop Hobnn. Following are tho olllcors of the an nlvcrsaiy high mass of toqulem which will be celebrated In St. Peter's cathe dral this morning at 10 o'clock for tho late lit. Rev. William O'Hara: Cele brant, Itt. Rev. M. J. lloban; assist ant priest, Rev. P. C. Nngle. of Wilkes Barro; deacons of honor, Vciy Rev. Thomas Coffey, of Catbondnle; Rev. P. J. Murphy, of Olynhant; deacons of tlu mass, Rev. V. V. Brotlilck, of Susquo hannu; Rev. Peter Christ, of SoutU Scranton; master of ceremonies, Rev. J. J. Loughran, of tho cathedral; assist ant master of ceremonies, Riv. P. C, Winters, of Hawiey; thurld", Andrew Zychovvlcz; acolvtes, Rev. Dar.'el Mc Carthy, of Plymouth, ur.il Rev. Walter Gorman, of Mlnookn; book-beater, lev. Anthony Knupas. At 9 30 the ofilco for tho le.ul will be chanted. Priests from all ?.tltH of the diocese will be present nt tho ma?s nnd In the ufternoon they will hold a meet ing In College hull, at which matteis pertaining to tho clerical relief ftinl will be considered. TALK ON VENTILATION. Deliverod by Dr. Beed Burns Before Economic Section of Woman's Club at Green Ridge. Tho economic section of tho Green Illdge Women's club held an Intel ost itis1 meeting yestouiay, when the sub ject undoi discussion was "Ventila tion." Previous to the chluf address of the afternoon committee repots wire heard Mrs. C. P. Davidson pre sided over tho meeting. Mis. 11. 12. Hurlej rend the report of tho Investi gating committee, which has been vis iting dtlilos. One visited lust l'tid.iy was pionounced Immaculutc In its eon dltlons. It was stated that about eight dailies had been found tolerably sanl taij In methods. Dr. Reed Bums was tho speaker of the day. Ho gavo a piacttcal lecture on ventilation, tefoirlng in particular to school houses, the atmospheric con ditions of which, he declared, to ba of the most vital Importance. A. goo 1 sj stem of ventilation, ensuilns a fiea cliculntlon of air, Is a great picren tlvc of disease from contagion and Is thus to be demanded In every school. By dlagiams Dr. Burns illustrated manv of his points. Ho spoke of the three sj stems of ventilation, that of hot nlr, by which It Is illlllcull to se em e an even temperatuto nnd still have fresh air. While this Is doubtless the rhoapesit, It cannot be said to be tho best. In desciibing tho plan of liextlng by .steuni ho spoke of u i ommendablc sj s tem In use In a school In Hones-dale. In whli h had been can led out Ideis and biiggetlons of his own. The method was shown by means of dlagtanis. Indirect radiation is t bo jnefeiied in schools, nr. thus Is ob viated tho necessity of mouthing tho same air hented over. Direct lailla tlon Is not so objectionable In piivato dwellings, vvheie no room Is occupied continuously by all tho family, as Is the case In a crowded school loom. A method of --eml-lndliect radiation was mentioned as having many advan tages. His remarks wore conUu'Vd with a ilear and concise lesson on circulation of tho blood nnd how it is nftected by impure nlr. Messrs. Charles Wlngato nnd Morse, noted exports on sanitation, will be hero on rebiuary 16 to toll how things ought to bo done. . LALLY ARRESTED. Accused of Attempt to Entor a South Washington Avenue House. About midnight, Patrolmen Walsh and Tceney bi ought to the Centre stieet police station u man by tho name of Lallj. who lives In Providence, and who thej had arrested on South Wash ington avenue, vvheie ho was attempt ing to break Into a house on tho block between Hlckorj and River stieets. Their attention had boon attracted bj three men who were kicking away at one of the doois of the place and who seemed to bo trying to foice an entrj'. On the patiolmon approaching them, two of the men ran away, but the other was captured. ANNIVERSARY BALL. Given Last Evening by Montefloro Hebrew School, The foutth annivei&ary of the Montofloic Hebiew school was cele brated last evening by the sponsors and pations of tho institution at Music hall, a bull belli? given. Music waa furnished by Bauer's oichoeti.i. A veiy Iaige numbei of guests were piesent and enjoyed dvnrlni; and other pastimes until a late hour, u giand match being, given nt midnight. The afialr wab In chaigc of the president of tho ussoclitlnn. B. C. Levi; the boc-letaij-, Louis Trnihter-berg, and A. II Cohe.i, Isidore Flnkelstcln nnd A. M. Lev '. A Card. We. tho undersigned, do hereby agrcj to refund tho muni on a 50-ecrt bottlo of Greeno's Wan anted bjrup ol Tar If it falls to euro our ciugh or cold. We also guarantee n 23-ccnt bottlo to prove h.itla. f.u lory or money rcluruled: Matthews Bros. C. R. Chittenden. Phelps" Pharmacy. D. W. Humphrey McOurrah & Thorn is O, Plchel. II. C. Samlcibon, J. P. Donahoe. N. M. Kichc. Brown's Pharmacy. Nothing as Cheap In the city as our California Navel Oranges; 15c per dozen. Large sizes 35c, worth. 45c. 50 boxes of Fancy Florida Oranges, brights and golden russets. This week we offer 75 cases sifted champion English Peas ijc; 2 for 25c; $1.50 dozeu. jo cases sifted Ceres Peas at 12c; $1.25 dozeu. 60 cases Maine Corn 10c; 3 for 25c; $1,00 do-ien. Cal. Apricots, 15c can. E. Q. Coursen Best Qoods for Least Honey. MEMORIAL HALL LOT BRINGS $875 A FOOT BIG REAL ESTATE DEAL CON SUMMATED YESTERDAY. Local Investors, Headed by C. F. Davidson and Major Oakford, Se cure This Valuable Property for $20,000 Cash and Half of the FioVce Lot, Opposite the High School, on North Washington Ave nueTransfer Means Two More Handsome Buildings. Negotiations wore concluded yester duy fot the tiansfer of the Menuul.il hall pioperty, 123 Washington avenue, to a company of local Investors. In which Major J. W. Oakford nnd C. P. Davidson are the moving spirits. F. L. Hitchcock & Son, repieentcd tho G. A. R. Memorial Association, and Wlllaid, Wanen & Knapp tho com pany which secures the property. Tho price paid was $875 a foot front. Tho lot Is 40lTiO feet and lies between two of tho city'.s most Imposing blocks, the Connell nnd Kennedj and Cai tor buildings. Memorial hall which Is lo cated thereon Is an old dilapidated 8tiuctuic and piactlcaly worthless, ns it Is too small and antique to biing a revenue commensurate with the value of tho lot. It will be torn down and supplanted with n huge modern struc ture, the stvle of which Is not jet made public. Tho Memoil.il association lecclves in exchange for the property tho north ern half of tho 120-foot Plerco property on North Washington avenue, oppo site tho High school, and $20,000 In cash. The land In question Is valued at $15, 000, so tho ptlce which the Memoilnl hall pioperty brings Is equal to $33,000. It Is the Intention of the Grand Army of the Itepubllc Memorial association to use the $20,000 as tho nucleus of a fund for the election of a befitting inomoilal hall on the newly-acqulrcd land. HEARING OBJECTIONS. Judge Archbald Settled a Number of Disputes About Certificates and Nomination Papers. Judge Archbald Fpent most of es terday settling disputes ailslnc from rival claims for places hi ono or tho other of the columns of the ofllclal bal lot for tho coming election. Several papers nnd certificates were declared inalid, but In no case were any ser ious hardships the losult, as the de feated contestant either withdrew al together or Is a candidate of some other party. In Carbondalo a few of the Demo cratic candidates are thrown out alto gethir, but they were In every In stance seekers for minor waul or dls ti let otllces. The contest In the city up the valley was between iial factloii3 of th Democratic putj headed respectively) bj ex-City Chnliman Jnmcs K. Hoy Ian and City Chnliman J. lliennan. Mi. liolin was deflated foi the chnliunnsl.lp of the eonentlon by Mr. Urennnn and theieupon rethed with his followers nnd had another conven tion. Judge Archbald. after hcnil'ig a 1 aft of testimony, decided that the bolteis had no standing and declared the ticket nominate il at the oilglnal eomontion tho gi nulr.e Democratic tlckit. The two tickets differed only In some minor ofllces, the onlj- Impor tant aiianco bein that tho Cojlnn people named Mr. Hej-nolds for school contt oiler, while the Hienran ticket has Prof. Hockenbetrj1 ns the candi date for that ofllce. Dickson Cltj' sent down two complete "Citizens" tickets, ono of them being identical with the icgular Republican I ticket and the other being mado up of Independents. The latter alleges that tho Republicans held their regular cau cuses on 11 Saturday night and on tho succeeding Tuesday night resolved thoniseUes Into "CItlens" and held other caucuses at which all the Repub lican botough and ward candidates woro placed In nomination. AVhcn the petitioneis, who claim to be the real "Citizens" party represen tathes wont to tho county commis sioners' office with their nominations they found that the "Citizens" nom inations had already been made and tiled. Hxcoptlons weie taken and jes toulay when Judge Aicbald heard the claims of both sides he decided that tho Republican candidates would have to bo content with a single place on tho ballot and that the nominations of tho petitioners should be pilnteU In the "Citizens" column. Thomas P. r.tdden, of the Thlid ward; Theodoie It. Willard. of tho Flist w.ud; James W. Cayglll, of the Second waul, and Thomas Median, for the borough at laige, weie tho peti tioners 1 (.presenting the successful "Citizens" patty. The fight between Horatio T. Fel lows and John Donohoe for recogni tion as tho regular Demociatlc candi date for belect council In the Fif teenth waul was settled by Mr. Don ahoe's withdrawal. Couit made an ol der dismissing Donahoe's exceptions and dliectlng that the Fellows' certifi cate stand. A similar contest from the Fifth wnyl between R. H. Williams and Thomas Conneis was also amic ably disposed of, Mr. Conners with iliuwInsT. Tomorrow morning at 9 o'cloik was fixed as tho time for healing the ex ceptions mai'e by W. J. Schubinchl to tho "Independent" nomination papers of Alex. McVlcar. for buigess, and Thomas Evans, for Justice of the pence, of tho Hoiough of Olyphant. Thursdaj-, February S, at 2 o'clock p. m., was fixed as tho time for tho heating In thu matter of tho appoint ment of John J. Kllcullen as Judgo of election, of the Twelfth ward, of Oly phant. Colliery Engineer Co. Stock for sale. R. K. Comegjs, Dime Bank Uulldlng. There's No Coffee Just Like Our Mocha and Java Blend It Is tho STANDARD nnd tho ORO. PI5U admits It when ho offers jou Borne, thing Just as good, IT'S UNMATCHABLE. When ou buy our Morh.i and Java jou get tho lii'tt; SOc. lb., J bi. for $1. The Great Atlantic PaclficTea Co. and Ill I.icknwanna avenue. 123 South Main avenue. 'Phono 73.'. Prompt delivery. RECEIPT MUST BE STAMPED. Kecont Decision Received by Revenue Collector Penman. In this week's list of treasury de risions received by Collector of Inter nal Revenue Penman, there Is one thnt will bo of Interest to a number In this city. It Is customary timrnir the business men to have their telephone and water bills and Insurance premiums present ed at their banks and paid by the lat ter. Tho commissioner of internal revenue now decides that tho receipt given ns payment for those bills Is liable to a two-cent revenue stamp. BURIED AT ST. LOUIS, MO. Remains of Sister Stanislaus Laid to Rost. On Sunday, nt St. Louis, Mo., tho remains of Sister Btanlsl tus, formerly Miss Nellie Mnhoney, were laid to rest in that city, where she was suffocated In a lire in a convent last Thursday. The body was Interred In the sisters' plot In the Catholic ccmcterj In that city. This morning at S o'clock a requiem mass for tho deceased sister will be celebrated In St. John's Catholic cliiireh, South Scranton, by Rev. E. J. Mellej-. CHILD FATALLY BURNED. Ieabelle Boland's Clothing Ignited While She Was Taking a Cover from a Stove. Isabelle, tho eight- J car-old daugh ter of Mr. and Mrs. M. F. Poland, of 1124 East Drinker street, about R o'clock jesterdny afternoon received terrible bums from which she died about 11 o'clock last evening. Her clothes caught fire while she was near the kitchen stovo. The little one was playing around the kitchen, her mother being down In the cellar and her 10-jear-old sister, Han nah, being tho only person with her. She went to tho stoe to remove one of tho lids, nnd the lifter being red hot, picked up her apron to use in tho raising of it. In a moment tho apron was In a blaze and tho flames quickly spreading the child was soon In a mass of flames. She datted shrieking from the toom and running thiough the dining room entered her father's grocery store, which Is In the front part of the build ing. Hero her grandfather, Michael Poland, sr., attempted to extinguish the blaze, but only succeeded in burn ing his own hands. The child's father was at the barn near by, and hearing tho agonized "creams of his daughter, rushed to the nscuo. He Hung his overcoat around her form nnd by so doing managed to extinguish the flames. It wns too late, however, for tho little one was almost burned to a crisp. She was lifted up tenderly and car tied to bed, shrieking with agonj-. Medical aid was Immediately sum moned but from the first It was seen that recoverj" was Impossible, the child being coeied with terrible burns, i'crj- portion of her Httlo body hav ing boon In contact with tho flames. At 11 o'clock she died. AN ENJOYABLE SOCIAL. Mid-Winter Dance Given Last Night by "Young Bachelors." "The Young Bachelors' club" last night gae Its mid-winter dance at thu hall of the John Uoyle O'Reilly coun cil, Young Men's Institute, on Lacka wanna avenue. The affair was a gieat success, tho ball being filled w Ith tho members of the association and their guests. Dancing was Indulged In until a late hour, over seventy-five couples tripping lightly over the floor, to the music fur nished by Miss Kate Reardon. The committee In charge of the affair consisted of M. A. Raftei. T. F. Mur phy, Jr., Charles Marlon, John Ollmar tln, James Gnvlgan, John Dawson, Hugh Kennedy, James Marion and John Walsh. DIVISION OF THE DIOCESE. Matter Will Bo 'Considered at Con vention to Be Held in May. At the annual mcctlnnr of the Epis copal diocese of Central Pennsylvania, to be hold In this city on May 15, a re port on tho proposed division of the diocese will be submitted. Tho committee that has the matter In charge held a meeting recently In Wllllanisport and prepared si lines of division which, with statistical tables, will bo presented to the con vrntlon for consideration. It will bo for the convention to f-ay If It favors u division, and If so on what lines. "Justifying Its Excellence." This is the tltlo of a little booklet giving a shott sketch of the Like Shore nnd Michigan Southern Railway and Its famous "White Mall," which cat lies tho malls for the United States govern ment between Ruffnlo and western eltles. It Is a very Intel estlng little book, which will bo sent fiec upon te clpt of -' cents postage, by A. J. Smith, G. P. A., Lake Shore nnd Michigan Southern Rnllwuj-. Cleveland, Ohio. Pennsylvania Pensions. Washington, IMi, B Pensions: In-creas-e John V Hunt, Tioy. liindfonl. $10 to Jl.'i Am is 1 D iv Id, Sugar Run. lbadforil, ?S to $1U. Kcls sue Jacob II. Klein, Wllkcb-liarro, l- Smoke tho Pocono Cc. cigar. French Flannel Night Robes and Pajamas. You can't keep awake if you have on one of these slumber robes, but you slip away into dreamland just as you did when you were a boy. HANu a PAYNE "On the Square." 203 Washington Avenue. TTfTr?fTfTyftTttftTt ASSESSMENT IS WOT EQUITABLE CITY CANNOT COLLECT FROM HANNAH LEVERS. In an Opinion Handed Down Yester day, Judgo R. W. Archbald Dis charged the Rule for Judgment for Want of a Sufficient Affidavit of Defense Asked for by the City. Comment Mado by tho Judge in Discussing Case on the Manner of Making the Assessment. "This Is neither nn equal assess ment nor an even-handed dispensation of tho law," wns one of the comments of Judge It. W. Archbald In the case of tho city of Scranton against Han nah Lovers, In which ho handed clown an opinion yestcrdaj. Tho city asked for Judgment for want of sufficient nflldaUt In defense seeking to collect an nsscssmont for a sewer In Deckel's alley when she had paid an assessment for 11 sower in Lafayette street. The tuIo was dis charged in tho following opinion It was decided In Mlchencr vs. Phila delphia, H8 Pa. S'5, that tho councils of a city are tho bolo Judges of the neces sity for a stwer, and that their Judgment Is conclusive: uid tiinl wnero a propeny was bounded by city streets on tluee side s It could bo made to pay by tho foot fiont for siwcrs constructed on nil shies of It regardless of whether It was, or, In fact, could be, benellted to that citent. This stems an Injustice, and It It Is tho noios-.iry result of tho present stalo of tho statute law tho lcglsl.itmo Miould promptly remedy It. In marked contrast It was decided by tho court of errors of New Jersey, In state vs. Kcvv.uk, ST K. J. Law 415, reversing the buprerne couit of that state, that tho expenses of a lo cal Improvement tho repair of 11 10.ul-waj- could only bo constitutionally Im posed on an adjoining property to tho ejtcnt of tho benefits exceptionally con feucd thereby; and that an net of th legist ltuio which Imposed on such prop erty r.n nrbltraiy amount, lz : two third the cost of tho Improvement, without ngnrd to tho extent of this spe cial bine'ltb, was unconstitutional unJ void. CANNOT COLLKCT TWICL'. Uut whatever be tho respcctlvo merits of thcto two decisions, tho ib fondant Is entitled to hivo tho law us It Is to bo taken applied equa'ly so tint Its rlgois shall not bo visited op her alone. She may not be able to esc ipe nn ns. sevsment along the hide as well ns tho front of her tmall property nt tho cor ner of Lafajetto street and Deckers alley, although it would teem to bo plain that cho cannot bo bcuclltcd to the ex tint of her fiontago on both Uut If that Is to bo tho rulo vvhv Is It not enforced against tho largo block bounded bv Svvctland street, Howell street. Docker j alley and Korth Main nvcnuo? Hero uro twcnt-nvc lots, each ono fully ns large as that belonging to tho plaintiff, and but ono of them Is sub jected to any ascsment for this sewer, although It runs ulong that block for Sfifl feet on Decker's alley and 100 feet on Howell street, with a lateral of over loo feet moro on Swetlnnd. Hy tho fail uro to bring this property Into the gen eral assessment nearly 400 feet of fiont ago Is relieved from contributing to tho expense of tho .sewer and ns tho entlru length Is but about 1,000 fict, three-quarters of tho property nuuttlng on tho line of It Is assessed for the whole, each property ownet being thus compelled lo pay 11 emarter moro than ho otherwise would be. It Is said, however, that tho block of land so excluded fronts on North Main avenue, nnd was omitted because It Ii-iil already been assessed and paid, accord ing to Its foot frontage, for a sewer laid along th it thoroughfare. Put how does tint meet tho situation? Tho ordln.inco which provided for this sewer directs that It shall bo paid for bv assessments ac cording to the feet front on tho t ixablo property nbuttlng upon tho linn of It. NO INTENTION TO HXKMPT. There Is no evidence in the ordln inco of nn Intention to omit or exempt t'10 block which his been left out, or any other piece of property which falls with in. Its terms, and wo must therefoie con clude that the existing conclusion it, an assessment In mlsipplvlug tne rule Wo cannot sanction the- Idea without some thing moro than appeals on tho record that It was tho Intent of councils to com. pel one property to pay on two sldos of It, aid another, no differently blta nted, to p ly on but one. This Is neither nn crtual assessment nor an even-handed dlspens itlon of tho law, and ns tho cnor .so committed Is Inher ent In the attse.omcnt It vltlilcM It, to nt least tho extent of the excess, nml tho city Is not entitled to enforco it ns It sturds. Tho nfllc! rv It of defense Is some what mcagro hi Its statements, but thrro Is enough in our opinion to show tho facts to which v.o have alluded, nnd tho liilo for Judgment Is tl cicfoio illsihaigcd. Change on E. & W. V. R. R. On Wednesday, FVbiuajy 7th, a new time table will go Into effect on the above railroad. YOU'LL CRT COLLAUKD SATl'KDAY. SHIIWttftllrllrfS 1'iik Moii us IIviiiiw vita -.mm 1THE i FIRST I COST I of a cheap range (.so-called) Is not tho only expense. Re palis soon run Into dollars. BuyaSterling. jullt of heavy, clean castings with bricks twice tho thick ness of those In other ranges -then you make an economi cal pui chase. I (1 i i Foote & Shear Co. 55 H9N. Washington Ave M mimmmimim Pierce's fiarket Receiving dally Turkeys, Towls. Springers, Ducks and Fquabs, also Hock away, Maurlco River and Illuo Point 0s. tcrs: Ever thing tho market affords In fruits and vegetables. Your orders will be filled promptly with best coods at reasonable prices. PIERCE'S MARKET 110.112.114 PLNK AVLNUIJ. MrM Tho quality of the oils used In mixing colors determines tho durability of th paints. ' Oils such as wo offer will mako paint of great (smoothness am! durability. A large sur face can bo covered and the coating wilt not peel, crack or wear off until It has dono Its full duty. Thcso prices will show that good oils nro not expensive. MATTHEWS BROS,, '"&' ALL THE LATEST Chas. B. Scott 119 Franklin Ave. TCLEPHONE 22Z, Ml Tho Ponulnr ITnuua Pur. nlshlng Store. jfiluminum I M. Is fast taking the place of other -wares for kitch en use, because It is light, durable and easily kept clean. Try an Aluminum tea kettle and test the truth of this statement. Foote & Fuller Co, ilears Building, At s Wnclilnivtnn A ha 11,1 If"-- .......,.... Y. saaa JOHN BULL FINDS IT HARD To give favorable reports of his battles in the Transvaal. You'll not find it hard to ijive a favorable report of the stock of Scasouable Uudcrvvcar sold by OONRAD All weights, grades and sues. Union bint!, a specialty. -- The I I Economy's j February ! Trade Sale f 4 Is now in progress. Qoods priced' strangely cheap are displayed in the windows and are a hint of what may be found within. XT'' We 0N0MJ A I"" J .."- JLVw ..S M il-.J?l dtfIC "II l 221-223-225-227 Wyoming Ale,
Significant historical Pennsylvania newspapers