The Scranton tribune. (Scranton, Pa.) 1891-1910, November 17, 1900, Page 6, Image 6

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THE SCRANTON TMBUNli-SATURDAY, NOVEMBER If, 1000.
. 6
KHHttBMafl
SYRUP-FlGS
, ActfjffeasgiityaiidlhMptly.
Cleanses the System
Gently and Effectually
when bilious or costive.
Hvsents ittt Ac most acceptablebnn
the laxative principles of plants
Jut own to act most ieieficialy.
TO GET ITS BENEFICIAL EFFECTS
BUY THE GENUINE MANFD. BY
CALIFORNIA FIG SYRUPCO.
SAN TRANCISCO, CAL.
tOUISVIllE ,KY. NEW YORK. N.Y
fir sale by druggists - price 50t per tottte.
Ice Cream
BEST IN TOWN.
OE Pep
(Jc Quart
LACKAWANNADAIRY CO
3 deplume Ordan Promptly Delivered
jij-337 Adams Avenue.
' Scranlon Transfer Co.
Baggage Checked Direct to Hotels
and Private Residences.
Office D., I. & W. Passenger
Station. Phone 525.
DR. H. B. WARE,
SPECIALIST.
Eye, Ear, Nose and Throat
Office Hourat a. in. t 12.90 p. m.: 5 to .
William Building, Opp. Postoffles.
UOHJWEATO
s
-
CITY NOTES
I PAT DAYS. Tho Delaware and Huiton com.
pa'ny pnid yesterday at tho Plymouth Xo. 2,
Xo. 3 and lloston mines at Plymouth.
.fpAXCC roil THE KN10HTS. The KnhjhU o
Ciplumbua will have a dance foi members at the
c3iib Iioi'ms on Noilh Washington aumio nc
ljiday r.lght.
,,QPi:X THIS AriKUSOON. "lhc YoutlT Ladies'
tyirjne society fair evill open Ihis foienoon.
Cfkes, candy and nnny ai tides lor household the
nU bo on sale.
v:
,5011001. IXSPIXTIOX. The meniben of the
fcihnton fchool board will in-pict tho new Xo.
Sj'shool buildins on Oichaid fctieel thit after,
ruou at 2 o'clock.
ACCUSED Or ASS Ul.T- John O'Malley, o
Jackson street, w.u rimraduy nicht held in if.'OO
ball by Alderman Mllhr, cu the chatgn uf as
milting Joseph Fljnn.
DEMONSTRATION I.IXTCRK ON' BRKAD AND
NOLLS. Today at S p. m., at the Young Wo
men's Christian association, 205 Washington ave
nue. Mica Smith will (rive a lectins on tho
making of bicad and roll;. A finall f,.c will
r charged.
A JUNIOIl WAIT1!13 COUllsL'.-A aliicr-
,1.im Is beiinr formed at the Young Women's
rtirUttan association fur girls of from .1 to II
jcais. All girls who vlh to enter this claAs
should apply befoie Xov. SO. There; will be no
ihargo but tho membership fee, l'cgister at the
olllcc.
CAVi: A TIIHKUV SUI'PJW. l'oity ladle of
thu Second lrob.rtci!jn chuiih eraio it lino
turkey .supper l.iit nUlit in the (hurili pallors,
The menu was unusually Rood and a luruc num
ber of patrons enjojed it. Tho Nundiy school
oichfitia guvo oino e.ccllcnt music dining thu
supper hour.
STIUTK I1T .SUIIDOi: llAMir.H.-Ohc of lh
employes .tCr(lliV.5Dlekson Maniilaeiuiinir rou
.lanj'h shopJC'pnAOIlf street, named Clail.-, ,n
jeiimuy'iitpcKrD, tno iace ny n lauing ticiuc
hammer,
Ajuturi
uro cut was Inflicted and fl.uk
was taken w tin Lackawanna hospital, Tho
wound vas oftJ,' alter which ho left thu in
stitution. '"
I ' ,i
XOTIUWBtePfCJOUa-Coioutr Itoheits wen;
t Taylor list'ccnlui; la immlto into t lie death
of an liiU'iti foiiuifjbjtiod tecenlly in thu Xorlh
'lujlor woojs, Thc.',liody was found Ii Miiha.jl
Ott andMliacl f,trlne. It was learneil that thj
child wan iuried three weeks ago by .i mm
named Ulni wbo !,yas too pooi to give the
v..vr,,..B .. .. Vu,...
jtf&VCik-v4
YOUNG' ,VCOnniGini.KS.-Mlcliael and (!i.
tao SchJiilKrer, 13 and U 'm of a'O, wxm
irraignrd l-cijy.e Aldi'inuii Millar jisluJay, at
the Instance f, lUs, ,I)ut,'au, agent for the a
toclati'il chanIes, who uceuecd thcni of Incur,
risibility. Tlicfchildivn, who lite at tVS Clm
iticet, were coMmltted to the county JjII lor the
picscnt and wlf) bh later taken to the rcfoima
tory, ' '
"" i1' ' ....
5IAl(RIi:n AT .itOgiCVH.UMibs heltio Pill,
kcr, da,iishler of Vlre.-Mwaul Ileath, of Itockvllle
Center, h. I., and Vied O. Schlotterbeelc, of thl
lly, weie united In imirrlago In St, MaiU'j
Methodist Eplicopjl chinch at ltockvllla Cvudsr
on Thursday orceins, Nor, S. Misses Anna and
louUe SihlotterbciU, shterj of the groom, wcro
bridesmaid, and Dr. Henry Drown, of this city,
attended the groom as best man. I
lAXXUAb SIi:r.TlW).-The annual lueetin,' of
tlic Hahnemann hosoital will be Ui'lil in Giu-tn.
k7 hall, Tuesday. Xc'v. fO, at 8.30'o'clocl;. Itcv.
I. J, Lanslntt will glie'thc addross of the ctcn
lug. The aiiLual jeiiqrj will l icad by Mia.
M. ll.Ilv:at..Dr. J. V Coolldge will preent
the (Ualaaijs to lue nyrta graduAlins from tho
1. fllV .i "I " .
training netinot, , cordial Invitation n extended
to (ho puhllo In iillend'lhls meeting.
IIUMMAOI! SAt.K. Thb (umniago sale to lie
conrlnclpil by tlio Ladles' gulhl nf Chtit i hurt Ii
wilt Ih' held III the tl.tcrlin.iL building, !U
Wel Market strctf, Piotlilelive. b.tlo will begin
nt b iiVhuk, Tipl.iy, .Sot, 20, and conllnuo all
the week, IToiiatlniw will lie gladly Inched 1y
Mi, I'. M. llalenllne, tiramMew nnd Wellington
oilillet! Mrs. .Imeph Ih.lth', I'M llollUler slliel!
.Mn. t.iKun, ,Vi I'aikir tuelj Mls Miglnla
Mooie, I'm t'lipoine uimic.
XTndcrwpar.
Hpuulul values lit iiopiilui lu-lcuil
timlorwcnt', for tiion, womun ami chll
tlron, iitul tin fninous Jllnck f'al Hosu
for hoys ami nv.
McaiH & lfngen.
NOT SIGNED AS YET.
Will Hnve Mayor's Approval Within
a Fgw Days.
Mayor Mulr Iuim nol an yol hIkiio!
tho ordinance iirovlttlhg for thf orcc
tlon of tho Wont Ljiiokiiwunnu. aVL'iiti'
viaduct, nnr will he cay when ho will
ultrn It. All ho will say la that he will
alffn It In a few duy.
Tho following Mi'lf-explomitory lottor
on the question wai iccmIvciI hy him
yesterday:
Hon. -lames Molr, t.lij
Dear .Sir: i ce bj" Hie moinliig pic-rs lh.il
i'oial slgi.cis hato bcui obtained lor and agnlii't
tho lladuct nnil in none of the pultlwiois luve
asked ui to sign cilher wnv wc take this nieitii
of Informing jour honor that Wi- are ilcridedlv
In favor of lh, lacluct ns wc (hlnlc lhl is Ihe
bo.t oppoiluinty the cJlj will get to build it
for sen- time.
VvV must bear in mind that S0.000 people live
on the other side of !h- uilroail tracks nnd th.it
they aio entitled to our consideration hum the
trcrc fact that llos rue in dinger ocry time
they pa-s lh,. ctoslna'.
Hoping that your honor will see Ihis milter in
the name light, wo uiuaiu
Capv Ttto-.
DIRECTORS LISTEN
TO TALES OF WOE
Many Applicants for Relief at Yes
terday's Meeting of the Poor
Board Some of the Cases.
A large number of applicants for re
lief were presented at yesterday's
lneelng of tho poor board, and several
of these were possessed of very novel
and unique features. Anions' those was
tho case or Miss Mary Kelly, of IIolv
oke, Mass. Tho latter is an elshteen-yoar-old
jjlrl, who claims that she came
to Carbondale about two months ap;o
with her father, an old soldier and pen
sioner. She says that ho left her in 'the
caro of an aunt in Carbondale and
then went back to Iloiyoke. She has
written to the family several times, but
has received no answer. Her mother
13 an invalid, and receiving: caro In a
Holyoke institution.
Her aunt is in needy circumstancps
and she applied for aid to Mrs. Dus1
gan, the agent for tho Associated Char
ities. During the last week Miss Kelly
has been looked after hy tho Yountr
Women's Catholic club of this city. The
board decided that the case came under
Carbondale jurisdiction, and dismissed
the applicant
Patiick Murray, an aged i evident of
Blakely, was greeted as he entered the
room by an exclamation of "Who's
this? A brother of Hip Van Winkle?"
by Director Dlekert, nnd the old ap
plicant's appearance licensed tho le
mnik. Tie has been an inmate of the
Hillside Home, and on various occa
sions received aid, but yesterday his
hopes were doomed to disapiiointmenl.
"I won't go to the Homo again," he
Temarked in a shrill, high voice, and
the directors decided that the Blakely
Door hoard had bettor look after him,
at which the old man arose, picked up
his cane and hobbled from the room.
Mrs. Mary Attila, of Ninth street,
told a piteous tale of heiner deserted by
a second husband, whom she only re
cently married. She said that before
her marriage she gave the unfaithful
Attila $S0, which she had saved, and
after their maniage he made off with
$200, the balance of her savings. Her
story made quite an impression on the
board, and a motion was about to be
made, providing means of relief, when
Dr. Paine arose and remarked that he
recognized in the applicant one of the
regular pensioners who for tho last
year and a half has received $4 a month
allowance. He once heard something of
her second marriage, but she denied It,
when questioned on the subject. Mrs.
Attila. left the meeting: without deriv
ing any satisfaction.
Tho meeting was prei-lded over by
Director Puller, In the absence of Presi
dent Brooks. Director Shotton teported
that interment had been given tho re
mains of James Florito, tho young boy
run over and killed toy a street car at
Bull's Head, a few weeks ago, and Dr.
Paine reported for the home commit
tee that tho foundation of tho stone
building Is now completed and work
has been begun on tlo superstructure.
Work ! being Industriously pursued
at the Institution of digging n canal to
dispose of the sewerage. Tor three
weeks, tinder the direction of Superin
tendent Beemer, active preparations
havu been made, and when tho labor is
finished there will be a sower DOO feet
in length, twelve feet wide uml Mx
deep, The water Is to be filtered
through n wall. It will be stored In a
larco tank nnd bo used for the Irriga
tion of a luriio number of acres of land
nearby, while the waste Itself will bo
used for fertilizing purposes.
DINNER TO JUDGE KELLY.
Members of the Bnr Will Dine at
Hotel Jennyn.
Anangenicnts nro under way for a
compllniculaiv dinner by tho members
of tho bar to Judge John V, Kelly, a
meeting of tho committee in charge,
of which Attorney A . A. Wilcox In
chairman, will bo held this afternoon.
It Is proposed to. have the dinner at
tho Jermyn, Thuri-day, Nov. 2.'. City
Solicitor A. A, Vosdinrg Is to lij thu
toastninster, Only tlu Judges ami
members of the bar nro to ho Invited.
Thanksgiving' Day nt Ningata Enlls.
One Fare for the Round Trip, via
the Lehigh Valley Railroad,
Tickets on sale and good going No
vember liS, limited for letuin passage
to December 3 Inclusive, nnd will bo
honored on uny train, except the Black
Diamond exjuess. For additional Infor
mation, consult T.oIiIbIi Valley ticket
agunlx.
Scvnnton Business College,
Since the ending of the strike stu
dents have been securlnff positions al
most tit the rate of ono a dav, Were
Principals Buck & Whltmore able to
quality them tapldly enough tho rato
would be much higher. Tho demand is
greater than tho supply,
Dr, Bhuinway, Rectal Specialist,
Piles, fissure, fistula, ulceration, etc.
Olllce at residence, oO'J Jelfeison avenue.
QUESTION OP
COMPENSOTION
ANOTHER VIEW OP tfHE COUNTY
SALARY MATTER,
i
Decisions of Supreme Court Which
Seems to 'Indicate That the Fact
That the County Has a Population
of Over 150,000 Will Apply as of
Date It Was Taken in June Last
and Not the Date on Which It Will
Bs Promulgated How These May
Be Construed.
It Is now contended by many that
the Supreme court 'decision In the citso
nf Ouldln vs. Schuylkill county, ro
gntdlntr the puygiunt of fees to county
officials after a county shall have
been officially declared to have morn
than 150,000 inhabitants, has no bear
ing whatever upon conditions which
new exist In this county, or rather
which will exist after tho nowly
clcctcd county officials take office,
Dxtrncts from this opinion were pub
lished In the Tribune a few days ago.
It will bo loineinbcicd that It de
clared that an official's emoluments
could not be reduced after his Induc
tion Into office without violating sec
tion 11, nrtlcle III, of the constitution
of this slate, which prohibits any In
crease or reduction of an official's sal
ary after his election, or, in othc
words, that an official could not be put
on a ralnrled basis after he assumed
office If when he assumed office tho
population of tho county was In tin
eyes of the law less than I'iO.OOO.
Somo ct the local attorneys contend
that thls'oplnlon h.i.s no bearing- on
tho question as to whether the newly
elected county officers will bo entitled
to fees for tho next three years or
not. Their 'reason for making this
contention Is an Ingenuous one.
Hi: WAS COItONER.
.Citildln, who was .coroner of Schuyl
kill county, and who brought ftitit to
vcovr fees which he clalmod were
due him after the county was officially
declared to have a population of over
:50.000, v. as elected lo tho office of
coroner on Nov. -i, ISSit. He assumed
office on the first Monday of January,
li-io, and continued in office until
January, JR91.
The census of 11)0 was taken in
June of that year, but the result was
not announced until 1S91. The Su
premo court decided that the popula
tion at the time of Guldln's election
would, necessarily, in the eyes of the
law, in the absence of any official an
nouncement lo the contiary, be tho
population announced in the census
of 1.ES0, or less than K.0,000.
The point raised by the local law
yeis is that at the time of Guldln's
election, t'.he census had not been
taken nnd that, therefore, the latter's
contention was perfectly right and
piopcr. On the cither hand, they claim
that when the official announcement
is made of the population of Lacka
wanna county ii will be tho announce
ment of its population in June, 1100,
or five months prior to the late elec
tion. That is to say it will be an announce
ment which will mean In effect that
when the new county officials wer.2
elected lo office tho population of this
county was more than 1W.0M nryl that
they canrnt tlmrefoio b3 paid fees
without violating section 13, article in,
of the constitution.
"WILL NOT GET FEES.
II' this contention is good law It
means that tho newly-elected officials
will not be entitled to fees.
A case which has perhaps a little
bearing on this mutter was brought
by Thomas Munroe against the county
of Luserne, Munroe was elected pro
thonotary of Luzerne county In 1S79
and, entering on his duties in 1SS0,
served for three yeats.
The census of 1S70 had shown Lu
zerne county to have a population of
109,910. In 1S78 by an act or the legisla
ture Luzerne county was sub-divided,
Lackawanna county being formed out
of-Ti portion of if, the remaining por
tion being still known as Luzerne coun
ty. The population of that portion of
the county founed into Lackawanna
county was S0.00O, which would leave
remaining In Luzerne county, taking
the census of 1S70 as a basis, S0.915 In
habitants. The census of 1SS0 showed that Lu
zerne county had a population of over
150,000 and that her officials were there
fore entitled to salaries. Tho county,
however, withheld from Munroe part of
his salary for 1&S0 on the ground that
after Lackawanna county was formed
the population of Luzerne county was
not over 150,000 inhabitants.
Mum oo sued to recover this portion
of hia salary contending that despite
the fact that Lackawanna county had
been formed the population of Luzerne
remained In the eyes of tho law what
It was officially declared to bo In 1h'7,
namely, 100,91.".
AN APPIOAL TAKKN.
Tho lower court rendered a decision
agahiHt the plaintiff and sustaining the
county. From this decision Munroe
piomptly appoaled tothe Supremo court
and an opinion was handed down by
I'hlpf Justice Moicur.
The Judge pointed out 'that the fact
that tho county of Lackawanna with a
population of so.ooo was formed In 1S7S
from Luzeino county was controverted,
Therefore, he declared, It tested upon
tho plalutllf to prove tliut between 1S7S
uml tho thno hu assumed olllco the re
maining population was Increased be
yond 150,000.
This he declined tho plaintiff had not
attempted to do and that therefore It
was necp.ssary for tho Supremo court
to affirm the position taken by tho
lower court.
Thu application which may be drawn
from this case is that' tho Supremo
court took nutlco of tho fact, upon tho
proper evidence being submltK-d, that
tho county of Lackawanna was formed
from the county or Luzemo thus re
ducing Its population according to tho
census of 1Si70 by some so.ooo. in other
words, the court In determining the)
population or the county at the tlmo
Muurou took office took notice of cer
tain facts entirely extraneous to the
official census jeporls,
The question therefmo arises If the
court took notice of the fact that tho
population of Luzeinc county wus less
ened between census years would It
also take notice of curtain facts which
iniBht he adduced to show that Lack
awanna county's population has In
crcitbcd beyond 150,000 since 1890 In tho
nttseuco of any census returns.
. WHAT COULD BE DONE.
Thn.t Is to say could not some citizen
protest against tho paying of fees to
county officials and submit certain
proofs to show that Lackawanna coun
ty hud u population of aver JO.0QO not
only on January 1, 1901, but on the day
the officials-elect were chosen.
Another cibo quoted in support of
this contention Is McCleary, appellant,
against Allegheny county (103 Pa.).
Tho plaintiff was Bhorirt of Allegheny
county. Ho was elected November 4,
1890, nnd entered upon his duties the
llrst Monday of January, 1891.
The office had been receiving fees,
but the sheriff's share of the fees was
loss than the amount of salary, $15,000
per annum, which the Act of 1883 al
lowed for counties having a population
of over 500,000.
Acting on the assumption that his
county had more than 500,000 popula
tion, tho sheriff refrained from taklncr
the fees, us hud been the wiint of his
predecessors, but instead turned them
over to the county treasurer, and then
made demand from the county com
missioners, monthly, for one-twelfth of
the yearly salary of $15,000. In July,
1891, he brought suit for seven months'
salary.
While admitting tho office was a sal
aried one, tho county denied that tho
amount of the salary was fixed for Al
legheny county by the Act of 18SS, but
Instead, alleged that It was fixed by a.
,speclal act of 1S7:', passed for Allegheny
county before the adoption of the new
constitution. By this special act the
sheriff's compensation was Sfl.000 and
mileage.
QUESTION ItAISED.
Thu only question raised In the case
Is whether the general act of 1883
supersedes by implication the special
Allegheny county Act of 1872. Tho
Supreme court held that It did, and de
cided that thd sheiifr wits entitled to
the $15,000 snlury, Instead of a salary nf
$8,000 and foes for mileage, providing
It. was shown (hat the $15,000 did not
exceed the total amount of fees col
lected by or for the sheriff, a limitation
prescribed toy the new constitution.
It Is to be inferred from the fact that
the sheriff's suit was brought for seven
months' salary, that the census of the
county was not announced until July,
1891. If this Inference Is correct, there
Is no question but that the Supreme
court, hns decided, at least, Indirectly,
that the census figures are lo be nu
plled to tho time of the census taking
rather than to the tlmo of tho an
nouncement. When wo recall how late
tho announcements of the 1S90 census
were in coming, It Is fair to presume
that Allegheny county's population was
not announced until some time well
along in 1891, and probably somewhere
about, In July.
MAYOR WTUL NOT
HAVE APPEAL TAKEN
Decision Is Expected Next Week in
the McKeesport Case Which
Will Rule Local Case.
Lieutenant of Police Michael Spell
man and Patrolman I. F. Jones, who
on Monday were awarded a vdrdict for
salary due them from the date of their
removal last spring, have not yet been
paid, nor will they for some time. Tho
city is allowed twenty days to appeal
from the ruling or the lower court, if
a stay of execution is desired. It is
not believed that .Mayor Molr will ap
peal this case, inasmuch us a decision
from the Supreme court in tho Mc
Keesport case, which combines all the
features oC the local case, is exuected
next week.
The lecent case of Spellman and
Jones against the city brought up an
interesting question, which was dis
cussed yesteiday in the city clerk's
office by several interested parties. It
will be rcmembeied that when Dyer
and Saul were removed f:om the police
force in the summer of 1899, City Solic
itor Vosbuig was asked for nn opinion
as to whether tho mayor could remove
without tho consent of select council
or not. Mr. Vosburg sent In an opinion
which unequivocally stated that tho
consent of select council was absolutely
necessary before a poltcuman could be
legally removed from the force.
AVhen the enso of Spellman and Jones
came up In court on Monday he waB
obliged to defend the city, despite the
fact that he had declared over his own
signuture what meant in effect that
Spellman and Jones weie legally en
titled lo the salary which they were
suing for. It was an exceedingly awk
ward position to place any man in.
The suggestion which was made when
this matter was discussed came from
City Clerk Lavelle, who generally al
ways has common sense ideas on
municipal matters. He suggested that
when councils In the future have occa
sion to ask the solicitor's opinion on
any matter which may be the future
cause of a lawsuit against the city,
that they should refer the question to
n committccwith instructions to secure
the solicitor's veibnl opinion, and then
formulnte a report based on this opin
ion, LIEDERKRANZ MINSTREL.
Performance to Be Given on Monday
Evening', November 80.
On Monday evening, November liO, In
Music hull on Lackawanna avenue the
active members of the Scranton Lled
erkranz Singing society will give nn
amateur minstrel performance, The
opening part, which Is copyrighted by
the society, is called tho "Shirt Waist
Men," wiltten nnd arranged by Pro
fessor W. C. Ott and Georgo Nelson
Tcecs. Tho first part will consist of llf
teon numbers nnil l'1,Q 0" of "ve num
bers. After tho performance a hop will
be given. Lnu'renco orchestia will fur
nish tho muslo for the show and dance.
One of the features of the hop will bo
two dances urruuged by Professor Ott
in- honor of the Llcclerkranz society,
called tho Lloderkranz two-stop and
Llederkranz Medley Landers.
Tho end men of tho minstrel aro;
Tambos, Will Emerlek. Victor Wonssel,
Nathan Jacobs, Jacob Wills, Fred Soft
ly, Fred Welnss; bones, Billy Williams,
Charles Bertlne, Georgo Brleg, Gus
Welnss, Edward Eisele and John How
ley, Happy Juke Forber, who acted as
Interlocutor at tho lust minstrel will
be there again.
The company Intends to give per
formances in Plttston, Wilkes-Banc,
Carbondale and Honesdale.
THE WEEK'S RECORD.
The Scranton Business College,
Miss Arllno Jackson, stenographer,
Is with Attorneys Bunuell und Daniels,
George Do Wilde, stenographer, Is
with Surgent & Co., fancy hardware,
Philadelphia.
Miss Laura Iloderlck, bookkeeper, is
with the Colliery Engineer,
Miss Annie MoHugh, stenographer,
Is with the Remington agency.
Miss Julia Thompson, stenographer,
Is with the Franklin Correspondence
school.
Request for a younts mun bookkeep
er; also for lady stenographer,
For a Cold in the Head
Laxative Bromo-Qutuluo Tablets.
CRAIG CASE IN
JURTTSHANDS
ARREST OF FOX WAS BY AD
VICE OF ATTORNEY.
The Defense Is That the Prosecution
Having: Been Undertaken Under
Advice of Counsel Could Not Have
Been Malicious Verdict for the
Plaintiff in the Case of Glnsburg &
Son Against the Scranton Railway
Co. Mrs. Haas Wants $5,000
Damages Other Court Matters.
A jury from Judge Kelly's court
went out yesterday afternoon to wres
tle with the question of tho guilt or
Innocence of William Craig, who is
charged hy B, S. Fox, the blrdnmn,
with malicious prosecution,
Mr. Craig hud Mr. Fox arrested for
stealing his dog, but the grand jury
imiorcd the blll, when It was shown
that the dog was exhibited in the de
fendant's store window for several
days, and as this was lo Mr. FoxW
mind sufficient proof that, there was
no probable cause for the action, ho
proceeded to have .Mr. Cralry arrested
for malicious prosecution.
To secure a conviction In a malicious
piosecution case, it Is necessary to
show that there wns no nrobnblc
cause for the ''arrest and that It was
prompted by malice. A good and ac
ceptable defense is that the action wis
brought under tho advice of nn at
torney. Mr. Craig made 'this defense.
Colonel F. J. Fltzslmmnns, ho states,
was his adviser. A verdict In the case
wllMlkely bo returned this morning.
The jury In tho case of 'R. It. Glns
burg & Son against Jlip Scranton
Railway company, enme in yesterday
morning with a verdict ror tho plain
tiff in the sum of $0.
A verdict for the plaintiff was di
rected by Judge Archbald In thecaso
of Mrs. L. B. Grosvcnor against 3.
J. Cook and others. The plaintiff
claimed a one-fourth interest in a lot
of land In Scott township occupied by
tho defendants. The case hinged on
the construction of the terms of a
deed and Judge Archbald construed it
to favor tho plaintiff's contention.
Attorney George D. Taylor repre
sented the plaintiff nnd Attorneys C.
15. Gardner and Everett Warren, tho
defense. ,
The case of Henry J. Spruks against
Fred Weyandt was called before Judges
Archbald yesterday afternoon. C. S.
Woodruff and R. A. Zimmerman rep
resented the plaintiff. W. S. Hulslnn
der and S. B. Price are the defendant's
counsel. The question at issue is
whether Weyandt or his wife was tho
owner of .a lot in Petersburg at the
time it was purchased by Spruks.
A verdict of $234.20 was directed in
Judge Archbald's court In favor of tho
plaintiff, In the case of J. Audrade &
Co., of Now York, against Sophia
Bresolml. The suit was for a lot of
ostrich feathers. Tho defendant put
in no appearance. Attorney James H.
Torrey represented the plaintiff.
Judge Archbald refused a rule for a
now trial in the case of J. IS. Cross
against the Barber Asphalt company.
Computing Senatorial Vote.
Court yesterday appointed Clerk
Thomas Beck, of the prolhonotary's of
fice to act with Ellas Cohen, of Wilkes
Barre, the appointee of the Luzerne,
court', in computing the election re
turns from the Twenty-first senatorial
district, which is partly in Luzerne and
partly in Lackawanna county.
Mr. Cohen and Mr. Beck spent yes
terday and part of last nicrht In going
over the leturns of the Lackawanna
end of the district. This is the third
successive time for Mr. Cohen to act In
this capacity.
Claims S5.000 Damages.
Mrs. Emma Haas, of Jormyn, brought
suit against the Scranton Railway
company yesterday to recover $5,000
damages for injuries which she claims
she sustained September 30, 1900, by be
ing thrown from an open car which
jumped the track near the Mayfleld
yard.
Attorney H. D. Carey represents the
plaintiff.
Bilotti Wants to Be Free.
Saverio Bilotti, charged, with
the
murder of Thomas Herbert', at Carbon
dale, is socking to secure his release
on ball.
His attorney, M. J. Martin, yesterday
secured from Judge Edwards a writ of
habeus corpus, returnable November
22, to give an opportunity of showing
that Bilotti Is entitled to be leleased
on ball.
Sold by Sheriff Pryor.
Sherilf Pryor disposed of tho follow
ing properties at pnbllo sale yester
day morning:
Pioperty of Ml J. t.iewcr, in Suaiiton, lo S.
11. Piito attorney, lor jcio.iu.
Piuinity of Willi mi Connor, in Carbondale,
to IMw.nd Clarkscn, lor 'Jta.il.
1'iopiity ol SHuluiy Laud Co,, in Dmuuuie,
to II. X. Lallar ct til., for f 100.
Piopcily of George Pall, in Archbald, to
Gellii-.li Hutldiin; and Loan j'ovlatloll, to.'
If.li.JJS.
Piopcily of John J. Siiyihr, in Scranton, to
Cllieiu' Building and Loan ak,oiiatun, fo-
IfllO.SS.
Propnty of George Lown it ul In Madr-on,
to 'IIioiiijei It. I'ummlngs, lor ijjO.JJ.
Pupeily t William II, Hiul, In ijrniuloii, tn
Wist hide lUi.k. for $j.',7.'..
Proputy of Chailea Hillings, ill ftnulon, to
Xew Schiller Uullillng and Loan association, for
501.71, , ,
Proniity ef Ti cmloia Knntiky et al in
Winton, to P. W. Stoke., attorney, for i?LU07
Properly of Geoigo Jloar ct id,, in Jeasup,
lo Anthracite Hulldlng and Loin association, lor
SIM.
Pioputy n( llowaul Hull, in Pallon, to C.
11. Xcwlon, fur M.3J5.
Piopcily nf Lowls Spil, In Winton, tn Q,
M. Piuric, torSW.
Property of I.'. L. Laid. C. Ik Miller, tcrro
tenant, in Kraiiloii,, to U. S. Woodtutt, attor.
liey, for situ..',').
Propeity tf S, J, Aullii, In Scott Towiuhln.
to llany W. Soamaiw, tor iS'J.li),
Piopi'itv of W. Kawcczinske, In Scranton, lo
Xew .Schiller llulldlnit und Loan aviorutioii, for
?100.
Pioperty of Samuel Arnold, A. W, Hulliolf,
("termor, in Scranton, to Xew Sililllcr Uuildlng
and l.o .in association, for "M.001.
Pioperty ot l. L'. Yun Kleek, in Jfrinjn, to
llitteiibender A Co., for ifOS.o'),
1'iopeity of C. M, Lancaster. Ill Max on', In
M. J, Martin, nltoiney, for M1.71.
property of Dlwnrd Miles, in Dallon, to ('coigi
S, Horn, attorney, tor i13.S0,
'
When You Get n Headache
don't waBto a minute but go to your
druggist and get a box of Krausn's
Headache Capsules, They will pre
vent pain, even though your sku'l
were cracked. They nro harmless, vo.
Read the guarantee. Price L'3e. Sold
by Matthews Bros.
Costs Little.
Young: men should realize that it
costs less to spend their evenings at thu
Scranton Business College night school
than It does to spend them on tho
street,
1 Would You
Eyesight looking for something-fbr-tiotlilng ? Well, you
won't tind It. But If you want a nice Dinner Set nnd can't af
ford to pay for it all at one time you can make selection from
one of our numerous Open Stock Patterns and seUct such pieces
as you neea ana ana 10 u at any time, it is nice to be able to J5
replace breakage. We've a large variety to select - 0 v 3
from, Vienna China, dainty decorations, "ioo pieces $lo.20 Sf
'YvVxvaT
Geo. V. Millar &
mMmmmmmmmwmmNF
n
r mm m
I W .uf ti m
We make a specialty of Painless Ex
traction, and If you have any pain while
wc are pulling your teeth will guarantee)
to do all of your work free of charge.
I had ten teeth pulled absolutely without
pain. Mrs. Durkin, MO Orchard street.
We make teeth to suit you nnd your friend.
Wc guaiantco to please you or no pay.
Wrt kf.on MnV it, rmilr Ire, nt rbflTi.p.
I We examine- and extract teeth fieo of charge.
IKKXXKXKKXXIXHXKXXXKXKXSOv'
We Have Large Shops 1
For All Classes of flachine Work and Q
Difficult Repairing.
Large Ovens
For All Kinds of Enameling:, Nickel
Plating and Bicycle Repairing, by He-chanics.
BITTENBENDER
a
Bj'ierst?vervs'Miritfiv
FMVWMWMWMPVWMI
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 iine of
Furniture and Carpets,and invite inspection
Scranton
Carpet and Furniture Company
REGISTERED.
-t- .
: New York Life :
Insurance
Insurance That Insures. Policies iucoute3ta-
t-
ah1 frnm rlsirr nf issue Na
. W.W .. . . . -. -.
v travel or occupation, as to
ner, time or place of death,
X after first premium is paid.
-- payment 01 premiums. vabii iuau& uu uc uutaiucu ui
f any time after the policy has been in force two years.
- Policies combine insurance and investment.
: B. H. BETTS,
Scranton Branch Office.
607 to 615 Mears Building, Scranton, Pa,
4.4-t.4. 44 - - f4
To Dealers in Toys
Who Buy from Us.
Or Who Wish to Do So
We ditjilay on the lluul rtoor of our Mai'iwi llulMln,? at 312 and 31) Laikawanus
iuiue, a complete laiiily of all tho Tuyi that will go to iiiiI.p up a lht rate tock
for jou.
Over flo thousand feel of Hour space are detain! to these tamples.
'I hero Mi Dulls and Dolls' Heads; Tin To, (Jjnje, Block, lle:.lciu, IloUij llorerd;
IJspiesa Waarm, Doll Cain, Doll (lo farts. Soldier Milts, Doll DMics: Amerle.ni Iron
and fctccj toys, and Imported tojs tiom eiery country on the rlohe,
Then (lure aio felelglH nt all kinds ind CipiIIn hy the l-aiicl,
lluy now, to that i.e tan .upply your ncedi at oneo .vi'll luc Iheni dtlhcred t
jour Moie bilore tho lii.l of llnremlier.
J. D. WILLIAMS & BRO-
312 and 314 Lackawanna Avenue,
Lose Your I
Co. "SJSSLA1 1
TEETH
$5 SET $5
Better come In and talk to nn
bout your teeth. We believe jou
will appreciate the wolk and our
low prices. Wo will no you
nearly one-halt on all dental
work.
m i a
ift In
Our Crown and 4, Per
Bridge Work.... JJ)3 Tooth
All work fruaranlcod for ten years. Call
and hare your teeth examined free.
Dr. ReverT Dentist
I s'4 Spruce St.. Opp. Court Home.
co.,
126 and 128
Franklin Ave.
AAirAAAAAAAAA
Company
.
restriction as to residence.
,
habits of life, or as to man-
Policies non-forfettable
Oue month's gracein the j
Agency Director :
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