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THE gCRANTON TRIBUNE FRIDAY, NOVEMBER 10, 190b.
s
A
nl
I f
Ice Cream.
KH5T IN TOWN.
AP Per
Jjc Quart
LiicKiiwlwDm CO
lclebon Order Promptly Dsil vorsi
!3f37 Adams Avenus.
Scranton Transfer Co.
Bafepape Checked Direct to Hotels
and Private Residences.
Office
Btntinn.
V., Z.
Phone
& W.
625.
Pasnongar
DR. H. B. WARE,
SPECIALIST
Hye, Ear. Nose and Throat
Office Uonr a. m. tit 12.80 p m.: I to
Williams tiulldlne, Oup Pn.euiTli'
asiofMlBEL
; CITY NOTES :
f -
r.Y DAY'S1. The ilehivaio, Lnchawamn and
Western ir.ili.mcn ru paid yesterday, mid tin'
IMawarc and Hudson cmplojei on tliu Ntiuicli
brunch.
SOO.V PIlAlHi: &i:ilICi:. Tlicr. will lr- a
noon praise s-ervlco at tin- Yining M onion's
(,'liris.tl'in association loel.iy at 12.13 o'clock.
C'omu in and enjoy the flnMni".
ITNTOX KUNKKAI.. 'Iho funeral it larj
1'inlon, o( lliinm court, who died Wedni-sdi)
at tilt Lackawanna lospltal ol billies' reii-ivcd on
Monday, will take (ilacc this afternoon, with
iitennent In the t'ntliedial ccmetciv.
POSTPONED. The Clam Chowder social tlul
was, to be held at the home of I.onn l)ivl, id
Ilunmore1, under au-pires of Mrs. . 1'. II ill
stead. Divi-don o ..', s.iturdiv ovenhijr, oe.
17, lias been postponed. Notice of th. tame will
be given lata.
A LAMP i:.YI'l.(!l)i:0. A lamp opl.,ded in a
house on (Vnlio -timt between I'ciiu ami I'lank.
lin avenues yi stent ij aflirnoou .mil i-m-nl ,i
t-iielit lilfuc, which was i.iiily cMiiixiiidud. Ai.
alarm tin mil in hum bo n lnoujjlit tin- ecu
tr.d city companies out, but tin it -cilices who
not rerpiiied.
DOMESTIC S-CIi'.N'l i:. (Jood biead w- mil-, i,
hall the meal. At the ouiib Women's ( litis
tint ssociation on Saturday ntioioocn ut 'i
o'clock, the Don.eatie S iciice teacher will itiw
& demonstration lecture on the lnikiii' of re.C
and rolls. This is within the reuh 'f ever)
one, tor the admission is only i!5 cont.s.
uounr.n chaugt:. m. i.va s.,,,,,,,,,,!,,,,,.
vat. committel to the county jail liv night i.
.Alderman Millar, in delaull ol hail, mi ihe double
charge of disorderly conduit Jhd mdlcious nii
eliief, prctoired by Domiiiick IliflitiN a I'enn
avenue h-iloonkcep'r. The latter .-illi uoil that on
Wednesday evening Iho Spiiiifcnbtirg woman
bioke two windows at his place.
1.ITEIIAIIY TKD. Tlnity jonns lb mew mm
of this city held a meeting last login ml or
c;anied a dub under the name of the Youn.;
"UWs He
in t!Iei'i
"Usti'i Hebrew Literal)' noditinn 'li.i iiiIIuh-
em were chovn: 1'uiiluil. 11. s.iipnii;
Mcc vrcsidrnt, M. I uheu; lceoidiug srtict,uv
A. 1. Vwts; tluiiieiil seciel.il). William .KinKc ;
ireasin ?.nn ll.uleu; seigc.uil at aim-,, II.
linl.v.
I'AINTKIIS SMdKKIt.-I'ainteis- union-, o-. llfi
find 'J19 had u M'ry injoy.ihlo time last eveiuiic
ut a smoker held in thur mom-., lhey were in
lertr.ined by the ay Autr (iiiitetle, wlihli ion
Mttil of l'rtd i:iins. Waltci Lone, .lolm A-tuii''-.
r, .lohu ,lohn-,on. A 'uat deal ot the mhu- ol
the ivtnlu? was due to the kimhie-s ol I1. II.
Iiiirkin, ot the Cli.iud t'enttal hutil, who fin
inIud fue iclrcshmiiits.
Micoxn of Minnii.iiv ciiriti:. iimu, i.
l'l.iniie, of New Yuk, will n 1 1 it it n tiiiucht at
the It.illre.nl Ynuiu Men's llui'liiii .'i-vu-latiur,
'iinif the ser.nid nttmhi r on the lumbers'
ronise. Mr. Uiwnn hiil-, limn New mk and
js u nmnoiM and impi.iMiii.itor ol a Iiil-Ii railti.
lb i alo a ml ali-l. lie will In aoMul to
iiltilit by Llewelhn .lime-,, ilini-t. Tlf cntei
taitimint Is free to mcmbils and thin t.iuiilit .
Olliiis, i'i tents.
s'I:.K1:ASY Alllllsr, l j oi Moil's (.liutlis
an np.il n on the ti.uk of the spi.,ikia--kiipers
dtir a lap-e ol a loupif ot weiKs and a um
niidc airalnt the ioitois ot the lhiiiii 1 1
!, no.- in full piojiens. .lolm t'tiluie, an It.ilitu,
of 'C.7 Mou-!e stint, wa-, aiiait'iied lif,io AI
Kiniiin Howe )etctda mmiiliiv. Two ot the
m ijoi "s atrents li--titlii lu h mnir buuslit botllid
btd' in his phii e ami sihl he hail m-vci il le--.
on tap. They aNo otbnd cM.'im.. In iow tint
he had been In the luittllie; hit-me, on a miiiII
i-rale for n.nie lime pa-t holt'liic and filling
heir in hN tieiuhbni. '1 In- all. iiinii ilnhl.l
tint C.iluie was sruill) and linul him '-J") ami
i osts, width he paid.
HAVE REHEARSALS NIGHTLY.
Recital Club Is Preparing for Oper
ntlo Cnrnival.
The llucltul olul) Is hiivlntr nfKhtly ro
lienrsals, which are beliiKr tittundutl hy
a luiKO nuniher of yqunK: liooplu wlto
will nppimr In the npt'iMtU' c.irnlvnl to
be helri Deuuinber a In Ihu Lycuuni. Tliu
cast will Inulutle lifts ot more of the
bf.st Known yociIIMh of this ivun,
and tliu proKTumnie now llxuil upon will
ho tliu best ever he.uil In a single nuiM
ftil event In this retjlon. Not only will
there be beautiful soni,'.s anil choruses,
but an attractive featuro will ho tho
t'harmlnt ilnuces ami tableaux. In tho
latter Mr. Jatnoa aaiclner Sanilmhim
will bo tho artist, his dream bulnt
lovely statues, which ciimo to life In
the' persons of some of the mettlest
girls In iMTanton. Just who they mo
will be kept u seciet for Koine time to
cume,
The ailvanco bales of tle'jets have
been larse, anil It Is pruhubln that the
holders of these will ho f-lven piefi-r-ence
In tho choice of .seats, since It Is
by their patronage antl help at this
time that tho financial success of Die
entertainment Is ulready assured,
Thanksgiving Day fit Niagara Falls,
One Fare for tho Round Trip, via
the Lehigh Valley Railroad.
Tickets on sale and Kood jroliiir No
vember 28, limited for lotuin piiBsaite
to December 3 Inclusive, and will be
honored on uny train, except hu Ulaek
Diamond expiess, Kor adilltluual Infor
mation, consult LuhlRli Valley ticket
agents.
' "
Scranton Business College,
Since the endlnir of the rftrlke stu
dents have been secutlni' positions al
most ut the rate of one u duy. Were
Principals Uuck & Whltmoio able to
qualify them rapidly enough the rate
would bo much higher. Tho demand Is
ureater than the supply,
DANCE OF COMPANY F.
Enjoyable Event Held tn the Armory
Inst -Night.
There are not ninny pet trans In this
cltv that can tell of it time that tho
armory presented a handsomer appear
ance Until It did last night, when It wtut
made tho scene of the dance of Com
pany V, of the Thirteenth wulmont.
Tho lure nutcr hall was hidden under
draperies, and when the doors leading
Into tho armory liall were ruling open
a scone of beauty presented lt?elf
which almost dazzled the eye of tho
beholder. At the fur end were arranged
the two forest scenes from the Lyceum
theatre, and massed artistically In
front of these were potted plants,
Palms and ferns, which ndtted to the
pretty sylvan nlr, furnished by the Im
provldcd woodland.
The ra'fters of tho roof were Invisible
and In their place were masses of lllmy,
gauzy coverings of yellow, pink, rose
and other hues. Soft-tinted, beautiful
festoons and bows of fine silken ma
terial ornamented tho wnlls, and tilts
general effect was one that trans
formed tho big, cheerless barracks Into
an pretty a ballroom as fastidious mor
tal would wish,
Dauoi's orchestia discoursed tho
Pleasing music to which the young
warriors, nttlrod lu dress uniform,
danced until tho wee sma' hours with
their ladles fair, who were out In
legion. About one hundred and fifty
couples In till were present.
The patronesses of the affair were:
Mrs. K. II. Ripple, Mrs. T. K. Jones,
Mis. li. A. Wntres, Mrs. Thomtts
Hpinguc, Mrs. Prank Ilobllng, jr., Mrs.
Jt. li, itrooks, Airs. W. S. Millar, Mrs.
V. h Merrlinun. Mrs. D. It. Atherton,
Mrs. D, W. Powell. Mrs. F. M. Vand
llng, Mrs James Molr, Jtts. Fremont
Stokes, Mrs. C. il. Peiimnn, Mrs. O. C.
Meirlman, Mis. I". F. (iimsler, Jlrs.
Franklin Hcnshnw, Mis. J. T. Howe,
Mrs, Francis Lynch.
The committee In charge consisted
of: Sergeant Lawrenco Drink, chair
man; Sergeant V. It. Derby, secretary;
Private AVII1 D. Towell, tteitsurer; Cor
por.ils Unwind T. Yot, Atllton C. Hinc,
Itobert Klple, David J. Grllllths and
I'rlv.ites Hosiiuau Surdam, Harry S.
Curyl and S. l!. Stark. S. J. Fuhrmiin
was In chni go of the decoiatlons, and
AVttlilner was the caterer.
FIREMAN'S ANNUAL DANCE.
Eagle Hose Company Entertains at
Music Hall.
Kitgle Hose company, of Iiellc-viie.
ii'ld its fourteenth annual ball .it
Music hall last night and had as Its
quests a throng of young people which
tdNcil' the capacity of the iloor. Hayes1
lit os." orchestra furnished the music.
Those in charge of the affair were:
Master of ceremonies, M. K. Keogan:
assistants. M. F. Oi-irlty. William
iVnway, M, Lyons. M. F. Clark, L"d.
Connor.-; door tenders, James Shea,
James Crowley, P. Cumnilngs, AV.
Joluibton; check loom. P. J. McD n
ough, AYUIIam Diogan: refrofrhments,
P. F. Calpln. J. At. Cuh-sy, J. J. Shcii
clan, John Ciiwl'.v, J. I. Mnloney M.
Onldeii. D'l. Itush. .1. F. White, James
Dougher, M. f. Dovle; Moor ommltUo,
F. Ntedhrim, J. Aim ray, P. Moffatt, J.
CoUlen, 1'. Nealon, D. Mtiugan, ,f.
Ynughuu, P. Burns; reception commit
tee, M. Huanc, J. Lynch, J. Doyle, A.
Flannery, J. J. n'Mallcy, ID. McDonald,
P. Golden, T. Ilonnegan. M. D. Clark,
J. C A aughan, John Hewitt, K, James,
P. tcNnlly. Dr. J. P. Walker, J. Har
rington, Owen O'Malley, Joseph I5to
gan. CONNORS BADLY INJURED.
Lackawanna Switchman Run Over
in the Yard.
John Connors, of West Set anion, si
switchman In the employ of the Dela
ware, Lackawanna and Western rall
load, was taken to the Motes Taylor
hospital liiht night very badly in
jure.!, as the result ot being run over
by a car. and early this morning his
v'haw's of lecovery wore reported at
the hiKipiiiil as being voVy Mim.
The aeelduut oectuvd about lO.'id
o'clock In the Lackawanna yards.
Connors slipped and Ml In tho path
ol a fieight train and befote the cars
cjuIiI lie Mopped, th.- wheels had
pasvil over hi& legs. Whin he was re
moved 1'ioni bis terrible position both
limbs wore seen to be-rribly man
g'eil and crushed, lie "was immediate
ly taken to the Moses Taylor.
California Excursions.
Leaving Washington every Monday,
Wednesday and Filday at 10,15 p. m
via Southern Hallway, New Tourist
Sleepits, personally conducted, go
through to San Francisco with out
change of cars, conditetoth or porters.
The route is through Atlnnta, Mont
gomery, New Orleans, Houston, San
Antonio, New Mexico, Arizona and
Southern California. The ears am tho
very latest pattern or Pullman Tourist
Sleepers, birch-wood finish, high-back
treats, Hlxteen sections, Mipplled with
linen, etc., same as standard sleepers,
lighted with PlntM'h gas, wide vesti
bule, double .sash, roller curtains,
lavatory and .smoking room for gen
tlemen, nnd two retiring rooms for
ladles.
Three and ono-httlf days to Mexico
and Arizona, four days to Los Angoles
and llvo days to Sun Francisco, Tho
Tourist Car fare Is less than via nny
other toute, saving from $23.00 to $30.00
for tho trip.
C'has. L. Hopkins, District Passenger
Agent, Southern Hallway, S2S Chest
nue street, Philadelphia, Pa,, will bo
pleased to furnish all information,
Huyler's molasses, 10c, per package.
Coursen,
A Fortune
The late Edwaid Bellamy mado
a small fortune, thiough tho In
spiration of "Looking Hackivard,"
Ahead of his time, yet ninny of his
visions tiro fulfilled others will
shortly be.
Wonderfully entrancing and
prolltnblu is it, to look backward
from an advanced position. Few,
however, have tho marvelous qualities-
ifqulblte to the foresight.
Few, Indeed, can thus see ami
(Irmly guisp the waiting opportun
ities along life's pathway,
A bhort period back, 'twas a
common thing to hear tho te
mark: "Theiu's no use o' trying
to get ilch or bo buccessful now,
for tho rich men of today long ago
'gobbled up' tho best chunces und
nothing worth while Is loft," A
big mlstukel thousands of think
ers will say so.
Take a "Bellamy step", und look
buck on "past" chances really
PRESENT chunceb unimproved.
Ho one of tho few to see them, ami
to piollt thereby,
Savings Department
TRADERS NATIONAL BANK
Cor, Wyoming and Spruce
i
BEZEK TELLS
HIS SAD STORY
HIS LOVE FOR MARY KERZAC
WAS HIS RUIN.
Determined to Marry Her They
Eloped to-This Country and When
She Jilted Him and Apparently
Helped to Plan His Murder Ho
Lost Hope nnd Decided to End His
Life Persists In His Declaration
That tho Killing Was Accidental.
Will Go to Austria.
Love for ii woman has mode one long
tragedy of many promising lives, but
not often has woman brought more sor
row and distress Into a life than has
been suffered by Frank Rezek, for
whom the prison doors swung open tit
Philadelphia, Wednesday, Ho wits Im
mured behind Its grent walls for six
dreary years.
He has returned to the city, and yes
terduy told the story of his life to a
Tribune man, dwelling upon his great
love for Alary Kerzac, In which he
found the greatest Joy and misery of
his life. He proposes to return to Aus
tria and begin life anew.
Hezek's story Is to the effect that he
made three unsuccessful attempts to
end his life, first by lying on the rail
road track, second by shooting himself
and lastly by throwing himself Into
the Lackawanna river at Olyplumt. He
was arrested for murder, tried, con
victed, sentenced to be hanged, re
prieved, had sentence commuted to life
Imprisonment, served six years In the
Eastern penitentiary and was released
by the state board of pardons. The
emotions he experienced dining tho
noiiod In which he ran that gamut
would repay study. s
Yesterday afternoon. Just as ho fin
ished writing a letter to his mother In
Ladioch, Austria, liezek, or Frank
Perchlen, to use his right name, grant
ed nn interview to n Tribune mnn, and
In his own way told his most remark
able stoiy.
WAS IN THi: AHMY.
He came hero from Philadelphia
Wednesday night and registered at tho
Scranton house. Perchlen was born in
Laboch, Austria, of respectable par
ents, and when he reached the age limit
I was drafted Into the army service of
his country. His father shortly alter-
wards became III, and spent over ?J,000
In securing Frank's release from .ser
vice, that he might devote himself to
th" service1 of his family.
He remained at home three or four
years, and dining that time full in love
I with Mary Kerzac, a girl of humble
parentage, wnoin tne young man's par
ents objected to on account of her
social standing. The lovers unsolved to
elope.
They set about to .secure passage to
America, their destination being Oly
phnnt, Lackawanna county, Pennsyl
vania. When Ftank recalled his mili
tary experience the thought dawned
upon him that he could not leave his
own country without a passport.
This obstacle was overcome by the
girl .securing a passport bearing the
name ot Frank Rezek, n man who had
already landed in America and sent his
passport back to friends In Austria,
Under this name Perchlen came to
Ametlca. and has since been known as
Frank Dezek. Tho couple Intended to
visit the girl's sister, Mrs. Frank
Kramer, at Olyphant, and after being
married here, return to their native
land.
HAD OTHER PLANS.
Mrs. Kramer, who was aware of
their coming, had selected a follow
namod Tony Horshnlck, as the gill's
future husband, and when Mary ar
nvcd nt Olyphant, bhe was apprise I
ot tho arrangements her sister had
made. Perchlen was disheartened at
the turn of affairs, and resolved to
leave tin girl with her sister and re
turn to Austria.
At that time he received a letter
from home, in which his parents up
braided him and cast him adrlit. This
del"! mined Frank to remain hero and
try to win back the girl of his choice.
Mary had by this time become in
lluenoed by her sister, and seem.-d anx
ious to rid herself of her faithful love.,
who had slci bleed his nil for her.
Perchlen was persistent and when
the Krameis and Mary Kerzae saw
they could not rid themselves of him,
liu says they resolved to resoit to
, Jther means. They Invited him to nc
, company the girl nnd the Kramers on
n visit to friends who icsided up in
the mountains from Olyphant.
The quartette wns accompanied by
I two other men. When some distance
away from any houses, Perchlen ob
served that one of his male compan
ions carded a revolver In his hand.
Instantly the plot revealed itself to
him. They had d"coynd him into tho
mountains to murder him. Ho In
stantly dashed away from them.
WANTED TO END HIS LIFE.
That his sweetheart should jilt him
was a blow hard to bear, but that sho
should seemingly be a party to a plo:
to kill him was more than he could
bear, and he diclded to end his own
life. Re aching tho Delaware and
Hudson railroad, he lay down on the
tracks, waiting for a train to como
j along and end his miserable e.ltt-
uuce. i
Fate seemed to mock nt him, for ho
waited a long tlmo but no train came
and chilled nnd benumbed by tho coli
ho returned to his boadlng place, Tho
next day ho purchased a revolver and
went to Mary Keizae's home to bl 1
her farewell. As hu kissed her good,
bye he pulled the revolve! from his
pocket nnd placed the point of tliu bar
lot underneath his chin. Tho girl
gavo a cry of honor and giabbod tho
revolver with both hands. During the
oxcltenvnt, two shots were tired, ono
of which entered Porchlen's chin and
the otlver killed tho girl, With tlu
.smoking lovolvor lu his hand, tho man
ran out of tho houso and down Into
tho L'lckawannii ilver, where he
sought to drown himself,
The wuter was cold, and low, and
Perchlen, after dmpplng his revolver
Into the river, walked out and was
taken In cluuge by men who had fol
lowcij him after tho shooting. With
out much ceremony ho win hustled
to Jail nnd Indicted for murdering tho
girl At tho trial, ho says, tho man
who had hpf-n assigned to murder
him on tho mountain, tcMlfled falsely
and his testimony, together with that
offered by tho Kramers, secured his
conviction,
I'erchlfn, or Uezek, was found guil
ty of murder In the first degree, and
was the II rat man sentenced In til's
county to bo hanged. His friends Im
mediately set about to secure a new
trial, which was refutred. Tho casj
wus then carried to tho Supremo cour:
nnd the verdict ot tho lowr-r court was
sustained.
Tho tiny ror the hanging was fixed,
but thn governor granted n resplle,
nnd tho sentence was suliseauontly
commuted to life Imprisonment. He
zok won itont to the Eastern peni
tentiary, and while there one or the
physicians extracted pieces of Ihu but
let from rvrclileri'n chin.
Ills friends, headed by Edmund
Hartl, of this city, brought tho case U
tho attention uf the board of pardons,
nnd Wednesday the man was given hl.i
liberty. After a few days' visit In this
city, Frank Perchlen, known lu hli
tnry ns- Ho.ok, will return to Austria
to begin life over again.
BUYING MORE COLLIERIES.
Ontario nnd Western Negotiating
for Forest nnd Raymond.
Negotiation? ate under way for the
purchase of the Raymond Coal com
pany's and Forest Mining company's
properties by the Ontario nnd Western,
lioth are controlled by practically tho
same parties and tho deal Includ s
both properties In tho ono transac
tion. Inquiry among ofllelals of tho com
panies concerned In tho deal ollclte 1
the statement that the transfer has
not yet been made, but that It vry
likely will bo In the course of a few
days.
AWFUL TRAGEDY OF
ROOM SIXTY-SIX
Exciting Scene at the Hotel Irving
in the Early Hours of Yes
terday Morning.
One of tho self-Imposed duties of
Fred Welchel, of Klnback it Welchel,
proprietors of tho Irving, Is to 'wake
the help. Yesterday, on his rounds of
the upper iloor, where the servants
sleep, he got a bad scare. A large room,
No. CO, in which the six dining loini
girls were wont to sleep, failed to give
back a response to his knocking-.
Kicks followed raps, and calls followed
kicks, but yet no response.
"Hy golly, I'll bet it was something
they ate," said Air. Welchel, excitedly,
to himself, as he wlthdiew his no.se
from a scent for gas at the keyhole.
Alore raps and kicks anil calls, but
stil no i espouse liom fit!, though every
body else in tho house was aroused.
There was no transom, the master key
wouldn't work, and the only course left
was to burst in the door.
The door was burst open by a portly
drummer with one bump of his mas
sive shotildets. Tliete was a timidity,
even among the stoutest hearted of the
men, about facing the sorry sight they
felt must be ptesentod when the gas
was lit. Only a few of them crosied
the threshold. The others were con
lent to stand In the doorway or peep
over the shoulders of those who wco
In front. The women stood back and
wrung their hands and discussed
emetic?.
The gas was dually llsrhted. There
was a moment of deep silence, and
then some one said "Huh." The room
was vacant. The beds had not been
disturbed, and everything except the
furniture had been removed. There
wasn't as much as a curling paper in
sight.
"I know," said Mr. Welchel, pushing
through tho crowd. When ery angry,
Mr. Welchel docs not speak slowlv or
distinctly, and consequently what
seemed to, the listeners to be; a cuss
word was very likely nothing moie or
less than a case of inlslnterpietatlon.
Air. Welchel did not satisfy the curi
osity of the guests. "Never you mind.
I know what's the matter," was about
all the satisfaction they could get.
However, they learned what was the
matter. The elevator boy, who knows
everything In, about or concerning u
hotel, put them on. Tho girls weie on
strike.
Some time ago they protected against
the housekeeper and she was dis
charged. Wednesday she was leln
stated. After repnltlng to their room
tho dining room git Is resolved to quit,
and, to make the strike more elfective,
quit quietly. They packed up their be
longings In satchels and slid out, ono
by one, during tho lonely hours of the
night, taking their exit by way of tho
kitchen to escape the attention of tho
night cleik.
Yesterday they engaged Attorney
Frank E. Roylo to collect tho ten day.s'
wages they claim Is owing them.
liy doubling up the other help and
taking a hand themselves, the pro
prietors managed to get along fairly
well with yesterday's big- iut.li. Today
they expect to have the strikers' places
filled with other glils.
Costs Little.
Young men should realize that It
costs less to spend their oenIngs at tho
Scranton Business College night school
than it does to spend them on the
stieet. "
A Maze of Rich Color
Chrysanthemum Show
On Saturday we will make a
grand display of Chrysanthemums,
Hundreds of beautiful plants will
be exhibed and sold at
Dry Goods Prices
All are invited to come and enjoy
the flowers.
MEARS&HAGEN
415-417 Lackawanna Avenue,'
BRYDEN HAS A
REMEDVAT LAW
JUDGE EDWARDS ON CARBON
DALE HIGH SCHOOL CASE.
The Conflict Over the Princlpnlshlp
Can Not Be Decided by Equity
Proceedings Contention Between
Plaintiff nnd District Involves
Nothing More Thnn a Contract Re
lationCourt Can Not Pass Upon
Discretionary Acts of School Di
rectorsOther Court Matters.
Judge H. M, Edwards yosteiday
handed down tin opinion containing ,i
decision In the Cnrbondalo High scnool
case. He dismisses the preliminary In
junction and decrees that the plaintiff,
having n. remedy at law, has no stand
ing In equity court. The opinion lot
lows: I'AUTri.
1. Auif. 85, lfiW. plltlltiir w.n emplo)cd by the
Sihool lloird of the Sckml Di'tlUt of the Ult)
of Caihond.de j principal "' tho hlith Minim
lor the term of one whiml yell, biKlnniliff Oet,
2, UMi, ut .i Mlar. of SI.-iiKJ. A lonlraet win
rntcicd Into hetwein the pirlles imhoil.Uiii; ll.e
ternu of the iniplojiiient and till, philiillll pir
foiiued Ids duties as prlmlpil lo 'lie apparent
hitUfiillnu of the nehool bond.
2. Ilcfure the expiration of the whool Jrar and
the oiMlilJlkili ot tin" lluom,ng hoaiil, to wit,
on May 21, I WW, the boaid paied u icoliitton,
the in.'ilninl p.ut of which is as follows;
"Wluieas, on the fuoiiil ihv of dr toiler, A.
I)., 1SOT, the School lllsltlit of Carbond.ilu (lit;'
intered Into mi uarceiiicnl in niltitig Willi I'm
fe'for IV. I). Hrjdcn, iniplnjinK the f.iiil Hr)don
as prlmlpil of the Carl dale lllnh nrliool lor
the mIiouI turn bcKlnnllia: o.i the i-ceond duy of
October, A. I)., 1SUU, at a sal iry of .1,200 per
frihool term; und, ,
Whereas, It now seems aflei a fair trill o.
Mid i'mfiN-or W. f). Ilrjiicn in me pc
sltion li lined that It would be expedient
iii.u fi r the best intrrcMs of the uliool of lar
bomlale to continue him in the c.ipacit) of prin
clpil for a toiit-er peiiod than ,il Hist aijrecd
upon; now, be it
"KimiImiI, That the terms ot said aplceimnt of
(he- mi olid il. v of Ik tobet. IS'i"!, lie changed In
.so far as tiny lelate to the pcilod over which
suih t initial t cvteinls and tint the said contiaet
with said llniUn be evtcnded to oner and in
clude the next insiiing hohool term Hiding in
or about .lime, 1' 111,"
The minutes show tlul the forcKolnsr resolu
tion was adopted bv four nlllrinative votes alter
a toll call, the li lines of the dim tors votiilfc
for nnd npiimt belnjr duly noorcL'd. in pin
suance to this action of the board n supplement
nrv iicrii'inpiit .w made with the phintitr i
ttmlliig the time of I. Is employment for anothci
) i sir.
.'). On .Inly 1C, HifliT, the new school boaid rec
nl.nly adopted ,i resolution, which U In part
as tollons:
"Iteselved, Tliat the resolution of the bond
of beliool directors of Caibondale City, of Jtiy
71, l'rti, revolving as follow-! be am
the same is hereby repealed and rescinded, and
nicoidn;ly the so-called supplementary contract
httvwriituiil boaid and W. 1). Hr)den, etenilms
his contrail so as to emplov him for the M'hool
turn ending in or about .iune, 1001, as piinci
pil ol the liish .school of Carbonelalo, be and
the same is lirieby nullified and abrosatcd. .No
lice of Midi levoe itlon or contract to he at once
given lo paid W. 1). llr.vdm."
I. On Sept. 1, 16H0, C, M. I.cshcr was npinilnt
cd hy the nehool boird aelinj; principal ot the
Midi school, iml A. W. Ciniy wa- appointed to
assist bun until 6iich time as a permanent prin
cipal should be elected.
.0. At the opening of the high school 5ept. I
1r,00. the plaintiir, Mr. I.edier and some of Hie
directors weie prejent. 'flic plaintllt wai ther
pri'pind to pi l fol in the duties of pr'noipil
The director prevented him. There w.n much
confusion, trnninillixr ill the arrest of the plain
HrT on a trial and unfounded charge.
LAW.
The plaintiff has a complete and adequate
lemid) nt low and Iho bill in this case should
thercfoio be di-niKsed.
DISCUSSION-.
Whether or no the extension of a conlust
from one jear to two. when the orisinal election
of the pil'ncipal was for one )car, is a subtlan
ital compliance with the Act of dune i, 15,
siving school herds the n'ht to clce't prineipils
t hinh schools tor two sueeesaive school terms
i- an inrniii)' that wo must inKsUilly leave
an open question ut present. It Is iiinugh for
u- to say now that the p'altitilf his nil ample
reiindv at law. "I lie contention between th
pl.iniifl and tic school distiiet involve' not'.i
ins nunc than a lontract irl.it ion. It thl-, con
tract is for one )e.n, he has been pile! in lull
and his no e.iu-c ot complaint; if his contract
i-, tor two jells, lie nnM icsurt to an action
at livv.
it h 1 1 limed on the pot of the idaintill tlul
we should interien- h) 11111111011011 I01 the pur-po-e
of pioteetitij,' the be-t interest- rf the liish
school and its pupils. We unv connive ot a
ea-e while the conditions are such as to
ju-iify luliiferince hy injunction, I .it ll.e
eoiiili'tioiis in -uch a ci.se would be veiy
iiuiui.tl. Th-.v lo not edst in this e'.i-e. It
is tine, as the evidence shows, thai the plain
tilf is an vucptinnall) eapable piiiicipil. nnd
that the appointnie it uf ,1 temporary piinclpal,
who i- nl'ted by anotlur teacher to do the
vvi'.iK lorinerl) dene h) the plaintiir alone, is
uniitisfietorj- to .1 number of the pitmns of (he
huh school: but this is a ii'sponsibility east by
1 iw upon the school diieetor-..
'Iho position 01 .1 teacher ill the public school
is not an olllee, and lor the bleach of a valid
contiaet iiiniloviiiB: hlni theio is u leinedy by
aciloii This "case aro-e on n mindainus at
the Instance of one tiacher to oust another, e-aeli
iliimlner an election trom the school boaid.
Mind units and lmunillon proceedings aic alike
in one lliiuir; thev no both extiaoidlmry lem
edics, nnd 1.111 only be invoked in clear eascb
Itice, 1'. ,1 s.-i)s: 'Tor il ai the lelaor con.
tends, a teacher in the public school-,, may have
a ilsrht to the place, as disliimuMicd from a
rleht of action fol his salary 01 for breach of
lontract. an uii-. ml) eontllet, liislily detit
mental to the welfaie id the school, might :iri-u
if tin" ii-p.nieleiits wetu to undertake to out
the tniiinibont without an adiuilltation of Ids
rlnht in a pn.eeediiic in which ho hid an op
portunity to be heird."
All the eases in tln honks, as fir a-i wo have
been able to Irani, astcu ih it an injunction will
Continued on Page 7.
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2 won't fiiii! It. but if voti Wiint si nice Dinner Sat nrnl can't nf- j
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egj one of our numerous Open Stock Patterns nnd select such pieces g
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5 replace brenkaue. Wc'vu a large variety to select & t 0 5
5 from, V.enna China, dainty decorations, ioo pieces iplo.20 !p
M Geo V Millar &
;5 VJCU. Y. ITilllCtl tX
We make a specl.iltv of Painless Ex
traction, ,'inJ If you have any pain whll
we arc pullliu your teeth will k laranteo
to do all of your work fres of charge.
I had ten teclh pulled absolutely v.llhoiit
pain. Mrs. Durkln, f!ii Orchitd street.
Wc make teeth to suit )ou and Jour friends.
We Ki1.1r.1r.lci' to plcise joii or no piy.
We- kei'i work In lepalr lii'e of e halm'.
We eiaiuinc anil ixlraet teeth fue of charge.
5sKKJ::o:5aso:Ks:ucKnnKM:KK
S We Have Larare Shoos
5?
1--.. aii rintsBa
1 xti nil viaaas- u 1 lawilllio TV UJ IV cIIlU
Difficult Repairing.
$ Large Ovens
IS
For All Kinds
Plating and Bicycle Repairing, by fie-
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(J
U
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jjMonKnnnjnsx:oioKKKKKK
In Our New Store
We are now located in our new store.
406 Lackawanna Avenue, formerly oc
cupied by Siebecker & Watkins.
We are showing a superior line of
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Scranton
Carpet and Furniture Company
REGISTERED
Men's Underwear and Hosiery
Highest Grades. Lowest Prices.
UNDERWEAR.
lli.ivy Weight Illbbed llalbiiiatan ISj
Heavy bilk I'lceccd (worth il.'Ji) 7t
A larse assortment at Vii
Corn-Wing of heavy iiatural wool, heavy
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heavj' b-ilhrigean in gnat varieties, worth
H.S.
rine Natural Wcil and l'ancy Wools $1,41
Kill heavy natuial Lambs' Wool, fancy
silk and 1.110 and flno Wool Klubcd ?1.03
HOSE.
Fancy tend llUek Hose, 15c, 2 for 2'u
Try Our 10c Collars. None
CtMjMmij
Oriental Rugs
and Carpets
At Special Reduced Prices.
Cr
We have received a magnificent new importation of Rupj and
Carpets of all sizes and qualities. Our thorough acquaintance with the
Oriental m.irkets puts us in position to get the best and latest ut the
very lowest prices. ,
Also a fine line of Wilton, Smyrna and Axminster Rugs at a bargain.
EVERY RUG GUARANTEED,
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124 WasM)?toi Avaau), Scranton Pa,
. 875 Finit Avenue, New York,
rvfaxv
Si
Co 131 Wyomin Afeniu
VU. Unlk In and Icc .round.
TEETH
$5 SET $5
nettrr como in nnd talk to in
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work.
Our Crown and Per
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.Ml work Kiiiiranteed tor ten jears. Call
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Dr, Rover. Dentist
514 Spruce St., Qpp. Court House.
A. C
n rnnh;MA U'..l, J
of Fnamallnrr. rMirk-l
0X
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bl!., Franklin Ave.
Heavy Merino, 17c, S for Don
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Imported C'.uhmero and Listed USi-
SHIRTS.
l'ancy colored, Cufli to maleii 7.7b
Taney coloird, CutM to match , (XS.-
Jlauliattan mid Wilson DrotlicrV prints, 3
pair CufTj 31.50
GLOVES.
Preii Kid), lined or unlliied ,,,,, l,f'i
Undressed Swcd.i ailk, lined or unlined ....ft.ori
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412 Spruce Street,
Scranton, Pa.
Better Mnde. All Shapes.
Sal
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