The Scranton tribune. (Scranton, Pa.) 1891-1910, January 15, 1901, Page 5, Image 5

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    n -vr
"f fmftijiM-Utk '.i''f'v Jm
n'li modem HAnnwAnr. btohe.
In by no means nn easy task
with ft poor wringer It's
Buy your wringer heie
And wo will guarantee It to
glvo satisfaction. Bolls are
composed of pure hard rub
ber, warranted.
Ball bearing parts. Prices
$1.50 to $6.50
Footc & Shear Co.
JJ9N. Washington Ave
L. R. D. & M.
Shoes are one ol Hie most Important Items of
drriw at any time ot the year, and especially to
now that wc nro rertatn to have changeable
weather. Tor Mjlr, rrico "! quality see ours.
Wn know wo lan please you.
330 Lackawanna Avenue.
Local data for Jan. 11, l'Wl:
Highest tcinpcralmc ."" degrect
Lowest temperature I') degrees.
N a. 111, , !sl per ccnl.
a p. m a'i IBM' cent.
'Mioufalt, '.'I houia ending h p. m.t tiacc.
( II M 1 01 ti. it North M.iin aitmir, has
itmnril fiorn a aboil trip to Montana.
Mi. .mil Mr. 1'. 1:. .Vttlctnn, ot tlit di,v,
110 icgislcml nt Hotel Mlramorite, Pasadena,
Mil lliewri, of (illU'ilMillr. . ., Is a
guct ot licr ltei, Mi. II. It. llurlbnlt, ot Put
nam atrret.
Mis. 1'dcr Howie), ot tali North Washington
.ivinur, who has been -ciiuusly ill fui the past
lour vnck, is convalescent.
Wade M. riiui, who ha Just completes! one
o the finest residences in t lie Xoith l.tid, expects
to move inln it in a fen weeks.
'I he Missc-H llaibara llaiuiumi and llailiii.i
Null, of Ilnnrsdale, ,ue thp guest of Mr. nii.t
.Mis. John Spltrci, of Albiiglit avenue.
Mr. 'ami Mn. W. S. HuMandcr, nf .Tiftoiiion
avenue, will soon move to Dalton, wheio they
will p"nnancntly wide in tlulr Milliliter home
1'rnf, lloflmellcr, of the Pennington t'on-ei-xatory
of Music, will Rite an organ iceltal in
the Pinvidcnip ric'bvtcrlan diuti'h on the even
ing of Feb. 7.
George MjcD.JiulJ. fui im 1 y uf ser.intoii, has
Jut illumed Iroin Vcncs-ucla, wlinp he has 1ipc,i
engaged in promoting imhistiial cntcrpilses. Mr.
MHcDotiaid' hcadtpjailcis ale at pn-scnt in Xew
Vmk ily.
Major .lame. Motr 1 In Ilaiilabuig, while ho
attended ycsterdiy tl,p inn-ting of the klalc picsi.
iln.tlal tlectois In 1.1 fur the puiwp of eled.
ins a representative to east tlip vote of rum.
a)lvanla at tlio mectln, of thp clcdoiat college.
Among tliu Ncrantnnl.ins who mm to Hanis.
burg .veslcrday wrie; Major'!'. V. I'i ninan, Col
onel li. It. Hippie. ivMajor W. I funnill,
Coiinclluuii D.iniil . VaiiKlian, AttuitiP)
(corse M. Watson, llmi. .lohu II. Tair, IKpuly
Mierirl II. I'. lVilicr, riuiil rnnimlsvloner John
t'nuikr Morri-i, lteprrntatlo Siheuei. i
Lounly TirdMiiir ,M. .1. Krllt. lion. PatriiU
I'lillliln, f.poito W. Mai.lull, Millun W. Loi.,
lr. W. A. raiiip, ChUuipI tieoiue HjIMphI, Iloii.
1". 1'. Timlin and Mr. Xott.
Pielimlnarv Arranrrementa fnv T
Well Under Way.
Tlus preliminary urranRemunts for
the Marie Antoinette fete to be Btven
Feb, C, 7, S nnd 9, were made last nlKlit
, In ie IJoanl of Trade building, wliero
all rehearsals nre to bo held. JIlss
Jlurgaret Jlcf.. Kager, who will train
the participants, arrived yesterday and
was present last nlKlit.
JIlss Eager Is very handsome and
attractive In manner. She fcpeedlly
Intel ested all the- younpr peoplo who
came out and gave somu rehearsals
during the evening. Many of the
ehaperones wore present nnd wlillo the
donees arc not all nmmrred us yet
there was promise of ui-eat nnthiwi.
asm. As has been stated tho enter
tainment will to nulto a decree follow
out tho Idea of tho famous .Mario An
toinette fete In the Petit Trianon In
honor of the Grand Duke nnd Duchess
of Russia. The royal personages nnd
the Court of Louis XVI. will be repre
sented on the Lyceum stage and tho
dances of nations with tho mnRleal il
luminations there employed will bit
The afternoon entertainments will bo
by tho children In tho Pled Piper of
Hamelln In the story so well told by
Urownlng. The children nre requested
to come to rehearsal this afternoon at
4 o'clock promptly.
The Best Cold Cure
p one you cun tnlte without Interrup
tion to business. One that does not
effect tho head or hearing like the con
tinued use of quinine. Ono that cures
KpeeJlly and leaves you feeling fresh
nnd clear-headed. Surh a ono U
Kruuse'H Cold Cure. Trice 25c, Sold
by Matthews Ilros.
I.OWIIV Mrnlt I.uwr, of (.'icenflelcl, auo IS
-, luiioal at (llrloiil Tuesday at 2 u .
Titles of the Cases That Were Con
tinuod Only Two Cases Wore Put
on Trial Yesterday Grand Jury
Spent tho Day Investigating tho
Charges Against Magistrates.
Mrs. Malvlna Hum Has Filed an
Answer Denying the Charges Made
in Her Husband's Divorce Petition.
The January term of common plena
court began yesterday morning and
ot tho thirty-five cases In this week's
lift, sixteen were continued. They nre:
Continental Trust company against
William II. Wlnton, scl. fn.; Annie L.
Hots against It. M. Iluland, eject
ment: Owen Donnelly ngalnst I. Ula
gon & Son, Interpleader: Dtldgct Gray
and others ngalnst Mnry McCormicIc
nnd others, ejectment; T. II. Hpruks
and others ngalnst William Klnback
nnd others, replevin: DeWItt C. Glbbs
against W. L. Knupp and others, tres
pass: James Kellcy against city of
Pcranton, trespass: Michael J Itoek
against city of Scrnnton, appeal: C. K.
Hall nnd others against the Scrnnton
Railway company, trespass: John
Schttber ngalnst city of Scrnnton,
trespass: Julia Coglln against city ot
Scrnnton nnd A. U. Dunning, tres
pass: K. It. Huntington against J. D.
Williams, replevin; 11. 13. Wilcox
against Supreme conclave of Improved
Order of lleptnsophs, arsumpslt: city
of Scrantou against Atnazl Reynolds,
sti. fa.; Thomas J. Shotten, trustee,
against John Kerrigan, appeal: P. P.
Carter against Ridge Turnpike com
pany, ejectment.
Tho enso of Meitlia Slebonboar
against 13. Sehlmpff. an appeal, was
referred, and 'the cas" of 13. T. Davis
and others against the Scrnnton Rail
way company was stilcken oft the list.
Only two cases were put on trial
yesterday. Judge H. JL Kdwurds Is
presiding In the main couit room, nnd
before hint was culled tho case of O.
M. Klltclier against W. W. Williams.
The lattet hired Flitcher to do some,
carpenter work and the plaintiff
claims $2 a day for tils services. The
defendant paid him only $1 a day, nnd
the suit Is to recover nn additional ?1
for each of the seventeen days he
worked. The case went to 'the Jurv
at I o'clock and court adjourned for
tho day. .
In No. 2, before Judge John l'. Kelly,
tho case of George Cooper against the
city of Scrnnton Is being tried. Cooper
claims damages for Injuiy done to a,
property nt Klghth and Linden street,
owned by him, which lie alleges was
affected In a derlmentnl way by the
construction of a sower by. the city.
The case was tried at the November
term nnd a non suit granted. The
non suit was subsequently stricken olf
and the case Is again on trial. It will
bo resumed after court opens this
Non-Suit Will Remain.
Judge Edwards handed down an opin
ion yesterday In the ease ot Thomas
and Maria Davis against Susan Spen
cer, Frank Spencer, Ambrose Spencer
and Charles Spencer, rule to take oft
non-suit. The Judge iefu?es to disturb
the non-suit.
Owen Davis, a young man over twenty-one
yenrs of age, while at work In
the Spencer Iron mill, nt Green Ridge,
on March 29, IRftS, was killed by tiiu
bursting of a tly-wheel. The plain
tiffs, the paients of the young man,
bi ought suit to tecover damages.
When the evidence on part of plain
tiffs was closed, a motion was made
for a compulsory non-suit and the
irolfon was allowed. Thtee r.uson.i for
a non-suit were assigned: 't) That
there wan no such evidence of negli
gence on tlv part of the defendant') as
entitled the plaintiffs to rccovnr; IJ)
that Owen Davis whs guilty of 'jon
trlbutory negligence: (3) that there was
no competent evidence to submit to the
jury as to the measure of damages.
The nou-.ult was allowed mainly on
the llrst ground. After levlewing tho
evidence with refeienco to the negli
gence of the defendants, the Judge
The onl. ill fit 1ft i Hip ah-tiuo of thp po
on I key. Did till iaut llm accident? This
i the Impoitaiit qr.r.timi. Wni tlieip ui,y !
denro whiili oiiRht to ro to the jury on wlilih
it could lia-1 a re.ioiub!p lomUMon? Poca not
the inquiiy remain i'i the lealm of ronlev'tuic
pure jnd lmplei An attempt wa nude by o.
pait tectiiuon) to ainwrr the qutitioii. It wa?
witli some I dilation p ruled that tint nil
uevc veto coinpitcnl. Hypothetical ouetlon
weio, and weie e.iluded Iipcjikp they
did not Include tho facts a (utified to, nor diil
they Include all the fads. Wc do not see how
an jurj could jieeitaln faiily the caan of the
.hi Id. lit in till- ca.-e. We, theiefore, llilnl; the
(Wdcncc tall fir fliort of st.ofinc actionable
iiPUllBimp on the part of the owner ot the mill.
Tho law M necliccnie li m will e.lalillshcil
by lepeatril adjudlcatlom Hut wp do not ilcem it
iiaec-a-.v to make any tllaiiom. The only diffi
mil) in nrirlisenej case Is in the .ippll'.at'nn of
well Milled piinciplt'K to the ar.iiiit facta
ol padi ca-p as they como bifore us fiom term
to teim.
The oufntion ot the contiiUutoi negligence ol
the deceased la a clom one. Cuiisidirliitf the na.
tin- of bla cmplcjment and umltr all the ml
'Hikp. ve weru ot the opinion at the time of the
trial that v Itli piopcr fiuliuction it wag n tjucs
tloii for the Jiny. Wp are still of the miiip opin
ion. An to (Wdincp rclailntr to the meaatiie of
danucc Iheie was tulflclfi l cWdeuc to go to
tlui Juiy.
Tin- inle to take oft the uou.ult is ilMiarced
and sii cMcptlon noted lor the plaintiffs.
Mrs. Hum Files Her Answer.
Mrs. Malvlna Hum yesterday filed
her answer to tho charges made
agalnbt her by her husband, John
Hum, of Eynon street. In his applica
tion for a dlvorco filed on Dec. 1 last.
Mrs. Hum says they were married
Feb. i: 1876. She denies having beat
him, uttempted to poison hhn or used
Indecent language In addressing him
as ho alleged In his libel. She also de
nies that she Indulges In intoxicating
drinks habitually or that she ever bit
him or pulled his hair.
She says he has continued to live
with her since he began the dlvorco
proceedings; that ho at times beat her
until sho was black and blue nnd that
In coiuequence of ono of his beatings
she had a miscarriage. He wua very
ungry when she gave birth to a child
and did not look at It until It was six
months old. Tho child Is now four
yearn of age.
A rule was granted to show cause
why Hum should not pay his wife ali
mony and counsel fees and David Lan
dau wan appointed a commissioner to
take testimony. The caso will bo
heard at the next term of argument
Investigating Magistrates.
The stand Jury spent all of yester
day Investigating the charges made
against magistrates to the effect that
they have been unlawfully drawing
fees. Over twenty witnesses were
The Jury expects to make Its final
report to court at noon Wednesday.
Yesterday's Marriage Licenses,
Mix Gelilrr .Scranlon
Miry Hemlilng , Scrintou
Michael JaknwiM Mayfleld
Annie Itroclita Mtjflebl
Lawrrnro l'aepslina Grantor.
Zalya f-ronovlci .Srranton
John lnltU ,,,,,, Pilceburi?
Mirlinna Mltjili Archbald
Adam Orda , ...lermvn
Julia Killed Maj field
John Kalrnlc ....Tajlor
Suanna Iufallow Taylor
Mike Kclratkl Talor
Mary llabjnc! Taylor
llocco l'fiip , Pcranton
Philomela t'uhq Ma)lield
Martin Ilritbln Scranton
IlridgPt ford ScranlMt
Dennis Callagtier S-ranlon
Nellie I-tloy Srranton
Jacob Oleplela I'rltchtirc
Itronliloup Miowl.ka ,,,1'rleebutK
tJeorirp Mashoik Hcranlon
Mary How rrlilr. Scranton
Tied Snyder was yesterday appolnlfd di-pulj
coastablp of the I'lr.l ward of lllakely.
William Lnniran was jcstrnlay appointed
Kiiardlan of Xdllp, the miror rblbl of John nnd
Kate l.enllp, decerned.
charter was jplrrdiv ist mled In t.ocat
union, No. M'l, of Hip I'lilted Mine Woikeu of
Aemrlca, whlcli I wmi'd of mm cinplojod
at the Von Sloicb mine in lib paiilon.
lolin WoelkeM wa imp ol Hip pirms mn
inoned to nerve this weik in nmil bin w.i
not nsked to enp for Hip le.noii Hi.. I be l
now In the county Jail for kreplni; a pi,akea.
In two caies of Michael Hand agiliKt 'Ihomi
D. Kibvards nnd the Tiadrm' llulldiiifr and t.oaii
nsoclatlon court yenterdiy rrranted a inle to
lompel Hand to ollher procred with bis attach
ment or dlscontlnup the proceed I njr.
In Hip cane of frank Wheeler m;.llli-l John
McAndrewa and Catherire McAndrewa court e
tpulay made an older dirprtlnir the defendants
to draw a nrw deed In faior of the plaintiff
for a lot of land in Ol.iphant, Hie one whlr'i
preiloiuly paed between the pill Irs being In
correct. Harry Jo!im,on, alia .1, ". lllley, was j capi
llar released from Hip cutrin ppiiltcntiary, ae
rord.rig to rollflcallon leci-iipil by Uplk of Ihc
C'ouils DanlpN. Jnluvon km lenlemed by llip
late .Indse P. W. (iinlrr to three yens and M
month, in prlionmeiit lor burclarltlmr the resi
dence of Hairrtl Ungate en Adams oennp.
Attorney Tiank M. l.jmh, IwrouBh sollcllor o
Olyphaut, jolc-rday broui(ht an action for tlip
booruch .liralnst the 'Jlyplnnt .vwerauc Drainage
irmpany to tpcoier !10,()0ii. Wlicn Hip company
bilds its kcwirs it toip up Hip brick pni' on
Iickawunna street ar.d In lepbclnir It Hie .il
Ireattnn is that It made a trluhtful botch of the
Job and that tho course of tin- ewpr can b"
plainly marked by a depletion in the treet.
I'oi this the boioiijli wants!on ! en
able it to put tin- trect 11' pmpri condition
Jmlp rchbihl handed down an pplnlmi -terday
on Hip lule to Intcnenv and inle to
stilkp off appeal in Hie iap of llmii-f Oiloro
aicalnst Hip Republic Saiintis and l.oau associa
tion. In closlnu' bis opinion Hip JuiUp madp H,c
follo.ll.g uidrr: "Hip rule to show oaii-c win
th icciIvpiv, Otto KcWy and lMnard (i, lllgir .
dhould not be peimitlcd to Intenene aid defend
the ult and appeal fiom the awaid nf athllrn
lors I made abvilul", tn take crltcl nuiic pio
time .H of August H, HsW: and thereupon Hip
iiiIp to show cause why the hald appeal should
not be ktitcken oS is dKelureed "
Application to Court for a Writ of
Mandamus in the Minooka Pri
mary Election Squabble.
Attorneys John P. Qulnuun and M.
F. Conry yesterday applied to the
court for a writ of mandamus to com
pel the men who on Friday last con
ducted the Democratic primary elec
tion In the Minooka distttct nf Lacka
wanna township to count the votes
cast and make return of the same to
the end that it may be known who
weie nominated.
At Friday's prima Hes there was a
tierce fight between the Coyne and
anti-Coyne factions, eaoh .striving to
nominate their candidates. Tho Coyne
candidates were: For supervisor, P,
J. Lowry; for assessor, Janvs Nalllu;
for school director, John Joyce: for
treasurer, John G. Jennings. The
untl-Coyne ticket was as follows: For
supervisor, Patrick Hlgglns; for asses
sor, William Buckley; for school di
rector. Patrick Phllbln: for tr?asuier,
Patrick Mongan.
So fierce was Friday's battle that
blows were stiuck and tho building
was almost wrecked. The anti-Coyne
faction say they won a complete vic
tory, but the board Is largely madtt
up of Coyne men, and according to tho
representations made In court yester
day by Attorneys Qulnnan and Conry
tho board turned the ballot box over
to Justice of the Peace Michael O'Xcill
and has sine? refused to count the
Judge H. M. Edwards, to whom tho
application fcfr the writ of mandamus
was made, said he knew of no author
ity that would wanant him In issuing
the writ asked for. Tho court did not
havo power, ho said, against primary
election officers. If the attorneys could
show him any authorities that would
ltad him to take a different view of
the matter he said he would be pleased
to hear from them this morning.
For Councilman, Ninth Waid.
I hoieby announce myself n candi
date for the Republican nomination
for common council In the Ninth ward,
subject to the Crawfotd county rules,
I respectfully ask my friends to kindly
assl6t me at the coming primary elec
tion. Should I be elected. I will serv3
tne taxpayers and citizens to thj
best ot mv ability. Yours Ittuly,
" Peter N. Haan.
Fresh Sugar Corn
Meadow Brand, 8c can, 00c dozen.
Royalty Brand, Oc can, $1.00 dozen
Hubbard Brand, 10c can, $1.10 doz
Coursen's Garden Brand, 12c can,
$1.40 dozen.
Coursen's Sweet Blossom, 13c can,
$1.Q0 dozen.
Honey Dew, 12c; value 15c.
Sweet Blossom, 10c; value 10c.
Dinner Party, 15c; value 18c.
Sugar Beets
Dinner Party, 3 lb can 15c; value
Fresh Green Limas, 14c.
Porter's Lilac Tomatoes, 10c; value
15c, 40 ounce cans.
E. G. Coursen
He Decides That the Fact That Dam
ago Will Bo Dono to Properties by
the Construction of the Viaduct
Does Not Make Theio Damages at
This Time n Debt Against the
City Reversed Himsolf with Ref
erence to the Two Per Cent. Debt
Judge John P. Kelly handed down
his opinion yesterday In the viaduct
equity case. Ho directed that tho bill
filed by Luther Keller to restrain tho
bulldlngot the viaduct be dismissed and
left the road clear for the erection of
the viaduct. An appeal will at once
be taken to tho suptemo court.
In his opinion the Judge reverses the
ruling he made during the hearing
with reference to the two per cent,
limit of Indebtedness. Yt the hearing
he ruled that a debt voted by the peo
ple could not be Included In a state
ment ot the city's debt for the purpose
of ascertaining whether or not coun
cils had reached the two per cent,
limit beyond which the law trays coun
cils cannot go witnout appealing to
the people. In his opinion he takes
the opposite view of this proposition.
He also decides that tho fact that
damage will be clone to properties by
the erection of the viaduct does not
cause thefco damages to be a debt
against the city at this time In the
sense that the word debt Is used In
tho constitution. This brushes out of
the way tho great obstacle to the erec
tion of the viaduct.
The opinion Is nn exhaustive one ot
twenty-five pages which goes over the
entire ens; In detail. In his opinion
tho Judge gives the following findings
of law:
li.SDISl.f Or' PACT.
1. 1he cin ol Siranton has no iltlil to Incii.i-p
It pirsinl Imlil ItilnfM without hint ubl.ilniu,!
the cwi-cnt of tin- eleitor-,
2 Pnder the oidinaiicc protidins for the lull
sluiilion of the lidiut nnd the contract to lip
lrt In pursuaiicp thci"of, Ihc city luconien liable
tn pay mill damages, If ar.y, as liny bo finally
ascett.llnid, according In hw, to be due In the
al.uttmr property Ciwiiriic,
it. I'lnler Hie trim of Up ordinmcp and tn
constructloi ccntiact iheleln pinUded for, II. f
city of Scranton aunicii nn liability for Hie co-t
nt the cnu'triiition of the iidiut.
4. The In.-iirriiu of tills liability for damaue In
the piopeily owners is not thr creation of n ilrlt
or Hip Inclining of an indehtcdnevi within the
meaning of Settlo.i S, Ailiile l., of thp t'on-ti.
tulion of PtniiKjbaiiia.
.". In aeitaltdn? the ptPsenl iuilebled'ies of
the city the Indebtedness Incurred by the ion
spi.t of Hip plectors, lo wit, the mini of JWlii,
imi-t up included.
1. Vlifii an iiiileutrilucns amounting lo two per
cent, of the ossesied aluatlon has been leached,
pait of which was Incurred by the anient of Hie
clfctOM and pait of wldili wa incmrcd bj the
action of Hip municipal authoritlr-. alone, Hip
municipal nutliori til cpnr.ot fin t In r Inuca-p the
debt without flat iibuiulmr the iniwiil of Hie
7. The oulirsnre pimlilint; for II. e mi. dilution
of the Uaducl docs not contain mnip than one
S. The MihJect ot Ihc oldinamp Is epirSfd
witli aufllciint olpatiicvt in Hie title.
0. 'J lie plaintiff is not at this lime culitlid lo security tendered to him for compciii-ition
fur Injury which may be done to his propeilj by
Hie construction ot the W.iduct.
ID. The illy bad a Iced iIrIiI to leave Hie mat
Icr of detail, plans and kpcciflcatloiw to bp pre
pared by the city melnpcr and the tomp did not
constitute an unlawful delegation of loglsTatH"
11. Pie ordinance in UsjI and alld
In iddiliou lo lhci. millings, I liae been re
queued by! for the defendants lo iind Ilia
following pioposllhins of law:
The claims of the piopeity uni.pis aitalu"! Hie
city of Siranton for damagon lo (heir piopcitlea
by the foiftiiictiou of thp sladuit alp claims for
unliquidated damages, and aip not debts oi In
rlchlediiPM within Hie liicjliiiifr of Sec Hon S of
Ai title I. of Hip Con-lltiitlon of l'cnm.ihanla.
I m tlnd.
The coiirdiuitloii of the iaduit under Hie pio.
isnns of the oidiiiaucp of November 17. l'w, and
the i cm rait theiein provided for, will not in
ciease Hip indebtedness of Hie city of Ser.uiton
beyond Hip limit allowed bv section S of Article
l.Y. of Hip Constitution of Penn-;lanlJ, and the
legislation adopted in pur.u.iiiie Hirieof Ifionil
the kiuii allowed by fald Cou'tltutlou and nl.itu.
toiy pinihloiui without ocuilic .ill aihlilloiiil
UKcnt of Hie eleetois of Hie ill at .1 jmbllo
I so find. 'I lie lucuiliiiu: of ll.ibllll. fm dam
8RC as nboie mentioned is not an ineiea.e of
the ib-ht wllbln Hie meaning; of Sisiiou s, Ar
ticle IX, of the Constitution.
That the evidence of Hie cil.i ruftiiifri, who i
a idatuloiy ultlcci of Hip city, ii competent to
identity what pait of the vpPclf.caUou o'Tcied in
evidence weie e-poclally adopted by lilui tor Iho
iadiicl in question in this cai.e, .u.d ld evideuic
1 suKleicnt lo hhow the Reueial pccitlcaliou
which weie to govern In con-traction o that
one xkillcd in the hmiuesi of civil cnxlueciim;
would be iililc to iindculaud the (.ir.irjl cluiac
ter of Hip piopoed con.iiucHou, il wa to
be built of i-tcel, and it loi.illon, tle and ;;cii
rial appeaiancp when the plans nnd spec I Heal ions
weie taken nnd lomidm! toctber.
1 no tind.
'I hat Hip iiu'Ui.e of delall plana and .pr.illu
liitis wippkinentlnft the Rinenl plans and MM
tiiallon is i ministerial ait whiili Ihc. city coun
ills bad Hie rialit lo liave in Hie hands of the
i .l.i eiiLjInrer lo piepaic, and Hut lids did not
ii't.iitiilp an unliwliil dtlcKuHou ot legl-lailvr
pi w I i .
I hud.
'Ilul iho pvldri.ui of Ihc-ill it'Rlucl dues not
add In the- oidiualiip, Hip plans cu Hie tpct'ltl
c.iloi, but IdentllliB ju-t what lip jilnptnl a.
mill plans nnd apcclMi-jllon".
I mi iind.
I haio bun iccpicatcd by counsel fui Hie plain
tiff to tlnd the follow Inc. piojiositlona:
1'uder the uiuli-piitnl fails in lids iap Hio
can bp no fuitbcr lullcae in Hie city dibl at
pici-piit, uulitis authoiltid by Hie vote nf tho
eleilois thciiof.
I hO tll.ll.
Til- ordinance In llil ca.e is void and luiflPit
Ivp for Hie purpose designed, bee line iU terms
air i vague and Indefinite that no viaduct can
be i oust nn. ted without fuitbcr legislation or Hip
aiumptloii of Ifrflalatt.e povveis by executive
I rcfue to o find.
The oidinauce In also void lor llip fuiiher ra
on Hut It is incomplete; it hUu to "plan
and i-peiillcatloiis lurrto nniiecd and made a
part of this i dilutive," when by the undisputed
evidence in thlt n.e no plans were annexed to
Hie until after Its papain llirouirli
couneila, and even this oul.v ahowed the loeatlou
and not the plan of lomtrmtioii of the pioposd
vladuit; no tirrlrl"atlon. weie annexed, nor hive
'line Let u r.ny in ulsienu', either lietoie oi after
Hie pa'nairc of the ordliianee, ehowliij; in an)
mannrr Hie luusliiictiou of a Iadtut at any
place or of any material, and this, too, bv the
undiaputed testimony In the iaap,
I icfirse to m find,
The ordinance It void, bceau.S'j it iuntalii more
than one eubjrct.
I refuse to to Iind.
It Is the duly of the cllj, defendant Mm
pioceeillnif with the work, even If legally author.
Ircd, to tender to plaintiff and file in court the
piopcr eeurity according to law.
I ko tind.
With reference to the mutter of tho
limit of Indebtedness tho Judge says:
'I he illy cannot Incur nny new debt or Incree
Its Indebtedness lo an amount beyond two per-
centum ol the atecjved valuation of pioperty
vxllhout the assent of the elector. If the bonded
Indebtedness of the city which was Incurred with
the assent of Hie flee tora, amotintlnsc lo 2',iX,
Il to bo included In nsoettalnlnu tlip present In
ckbtedness, tho two per cent, limit ha been
paMcd, and no further Indebtedness can be In
dined by municipal authority alone. At Hip
(rial we excluded Hip evidence of the debt which
was created with the assent of Hie elector!, bold
liter that It should not be Included In makluir
up the inntrnt ludebtednemi of the city.
There are many arttuninita In favor of Ihli
rulliiff wlilcli we will not take up pace lo pr-.
tent now, but upon lull consideration and a nre.
fut examination ot Ihc authorities, we have come
to the contltulon Hut this ruling wan erroneous.
The facts are agreed upon nf leeord and this can
be corrected now" without any or fur.
Hier evidence. The fad Hut thla item ot In
debtedncsn was autliorlrrd by a vote of the elec
tors makes II none tho lc a debt within every
definition ot the won), nnd It emit clear that
any further lnereae or Incurring any new debt
will add lo and lucrraie thla dimeter of debt
at well as the other Indebtedness of the city,
and thus violate thla clause of the constitution.
This precise question lias never been adjiidl
rated to far as we have been ablp to learn, but
the constitutional ruovlalnu has been before our
Supreme touit at different tlniej. Tho
fciliO.axi Indebtedness of the city Incurred by nn
ascent ot the Totem was Incurred by the Inutile.
Ipal authorities. The only difference between
that Indebtedness and Ihe other Items ot indebl.
ednefs Incurred Is Hut the voters assented lo
the act of Ihe municipal authorities In the one
case and In the other iae liny weip not con
tilted. Ihe debt of Hie illy of Scranton which hat
been Inclined by the municipal authorities In
part with unci In pari without the assent of the
electors excetdt two pertrnluui of Hie assessed
valuation of properly ami no as we have already
jld It M-eiiis clear that no fuither indebtedness
cm be Im lured without the ns.cnt of Hie volcra
in der Hip plain linirunce and meaning of the piohlhition.
ui:srxf. or woiii) nr.ur.
Suction .1 of the onlluatiee pinvides that "Ihe
city of assumes no liability for Ihe
p.i.vmenl of any put of the iot ol Hie fmunli
Hon and atiperalmi lure oi Hip viaduct and the
contractor who ohtjlns thp contract for Hip con.
sltuctinu of Hip wtnp is lo be paid by the Dela.
ware, T-iekaivamu and Western Itallioad com
pany and Hip Scranton Hallway company as the
woik progrrniei, In accoid.ince with Hie ceitlC
tales to be fiitnMieil by Ihe cllv engineer, nnd
Hip pntlie vvoiK of the ..aid constitution tn bp
mulct the direction and mreivbion of the illy
The city does, Imwevei, become liable to piy
such damages as inav be legally determined to
b" due the abutting pinpoily ownem for Injuiy
In their prnppilles. Vow Ihe question oilsps.
Is-the nsnuuptlflii of liability to piv those dim
ages Ihe Inclining of a debt within the mean
ins of Hie lOiMltutlnnil pinlilhltiou If
iliims for miliipildited damages me to be ion
slileied as debts Low could the Indebtedness of
any municipality be asccilaluedr II would he
Imposslbtp to (I'lritaln Hip piesent Itidebtednesi
of the city of -iciantoii by any indhoil or evi
dence of any ihtraiier known to the law. Stieets
have been giaeled finni time lo lime, and ollnr
Improvements have been made, by icison of
u Idili the city may be inmpcllcd to piy dauiiiges
for prnjieily Injuicd finni time In time m Ihe
clalnis aie liquidated. Wc do not think that the
incurring of liability for unliquidated damages
Is the ucjllrm nf u debt within Hie consllli' provision. II h.i, been held lepejtedl.v
thai d.iinis aiialng rv clelldo ale not chbts un
til lhy or liquidated. We think the wold
"debt" Is u-4 il in the lon.lllntlnii In It legal
cte, and under nil the authorities IhU liability
to pay damages Is not Hip lucuiring of a dibr,
and Hieiefore does not offend against the ion
alltutlonal piov Nlon
a .
Edward Levick, of Duryea, the Vic
tim of a Brutal Assault.
I'M ward Levick, u contractor living
In Duryea, was tho victim of an out
rageous assault at the hands of four
Polunders on Sunday afternoon at 3
o'clock, and as a c-oiinefuence he lies
at the point of death.
The Polanders claimed that Levick
owed them money which they could
not collect and they set upon him on
tho street Sunday afternoon and beat
him unmercifully. One or the men
struck him over the head with an lion
bar, fiacturlng his skull. He wus re
moved to his home where he was at
tended by Dr. Baker, who reports his
condition as very serious.
The four men escaped but one of
them, whose name could not be learn
ed, was captured yesterday and was
committed without ball to the Lu
zerne county Jail by 'sWiulie nilboy.
Held from Family Residence Yester
day Afternoon.
The funeral of Mouis J. Andtevvs
was held from his late residence at
101e" Mulberry stret yesterday at iVi
p. m. Hew Dr. 'Rogers Israel, of St.
Luke's church, was the oniclatlnsr cler
gyman. Among the many beautiful
Hoi al tributes was a magnificent plTow
from the employes of the Dlckso'i ma
chine shops.
The pallbeaier weio Kiedeiiel;
Price. A. J. Marvin, William Coleman
and John Rroadbent. Tho body was
taken to Dansvlllu, N.Y., for Intel ment.
Resolution Passed by the Master
Carpenters Last Night.
At a meeting of the .Master Cut-pen-ters
of the city, held last night, In an
swer lo a compiuulcutlou from the
enrpenterb' unions, Nos. -1st and JG3, of
this city, asking for a Joint confetence,
tho Master Carpenters adopted the
Ilesnlved, That I ulotis No. til and Seal be noti
fied that the Master I aipcnteis' as-nclalloii de
aires Hie alrlke to be dcdaied off, befoie an.v
move aliall be made leading lowauls ,i tonfer
rnc e.
Thoy Demand an Increase of Twenty
Five Cents a Dny,
Twelve linemen employed by iho
L'ential Pennsylvania Telephone com
pany struck yesterday for an Increase
ij This is an unusual neck
wear opportunity. We
have several dozen odds
and ends in fifty cent
neckwear (Imperials and
Butwing Ties) to close
out at
I "on 12sJIAHr I
Wholesale Liquor Dealers, 216 Lackawanna Ave,
of wages from 2.2.". to 2.r.O a day.
Their demands were refused by the
management and at last accounts they
were still out.
General Manager Ralley could not be
found last night by a Tribune man,
and tho company's version of tho
trouble could not bo learned, everyone
asked telling- the teportcr to "See Mr.
Hanna Has No Particular Weight in
Senate Councils
I.. . Coclldio In Alnvlcc's.
The political manager of the ejiate
Is Aldtich. of Rhodo Island. Ho Is the
strategist to whom nil Republicans look
for guidance. The Democrats have no
body to act as leader In the same way
that Aldrlth acts for tho Republicans.
Gorman, of Maryland, wns the Demo
cratic leader while lie waa In the sen
ate. It takes peculiar (piaUtles to lead
In the senate, and the men who have
had wonderful Pilccess In leadership
outslda fall behind heic. Mark Han
na has Influence because he is chair
man of the Republican national com
mittee and because he Is supposed at
times to expiess the pieferences of th
administration. Rut aside fiom this ho
haa no particular weight In the senate
councils. The men who decide on poli
cies and measures and determine what
shall be pushed to the front, and what
passed over, are men who have grown
accustomed to the peculiar senate at
mosphere, and who understand the In
tricate ways of legislation. Aldiich Is
a prince among these. Others are Al
lison. Piatt, Chandler. Lodge. McMil
lan and Carter.
Y. W. C. A. NOTES.
.Mi. I'linlortalil will lie icidi lo ii-une went
Willi I lie lltcratuip davi this evening. The
is sttuljltix "Last Pa.vs o' Pompeii," and all
gills nie Invited In ionic in and Join in Hip
The Iliblp laves have iiiiiuied, one luvtll'K
Mondiy evening al '.'M aid one- mi I'i Ida) ai
.Mis. II. .). Hall, uf s!l Madi-uu avenue, has
recently been elected tipa.ttipr of the usmhIi
Hon. T1iP Kiiln imltistii.ll dub bid a vcr.v inleicst
Ing ees'lon last l'liday afternoon. The) wid
meet again mi I'rlclar of lids week at 4 o'doik,
and Hip wjtns coiust- will bo continued.
tl'nder this heading abort lettert of Interest
.111 be published when accompanied, (or publica
tion, by Hit writer's runie. The Tribune does not
tuuine re.ponrltlllty for opinions heie expremd.)
He Has a License.
laliliu of 'Hie Tliliulie-
Slr: In Hie l'u,-t litmus of Hie piiMiu gland
juiy a tim bill is iclimiod iiL,.ilit Anthony
l'eteiaou for selling liquor without j license.
Some one who was pi cm lit befoin the gland
Juiy as witness mu-i luxe donp aotne good
sweating, becaiiso Anthony I'eteison, tue matt
inilicled, lias .1 licence which was giantcd and
taken out in March, 1WX1, whldi Hie leeoids ot
Hie limit will how ouistiul).
llklunl ll.iiruu.
unstable l'lr-t waul, Duk-on t (iv
The greatest commercial
economist in the world today.
Compared to any necessary
investment in business,
is incalculable.
Residence and Commercial
rates at a moderate cost.
Manager' office, 117 Adams avenue.
Dm lor nl Mitsii. Hie Dull of American
I'lamifuile Trai licit, and a musician whose
knowledge of his ilmson lii-lruuii nl is eon
Minmiilo, willes a follows leaidlng Hm
Mason & Hamlin Pianoforte
'vim 1. i'.),
"Maaou A Hamlin ( o.,
"Oentlemeu: The t'pilabi 1'i.iuoloue wliuli I
icccntlv puichascd of )em is a constant aotine
of delight to me. Its biaiitlfiill.i Inu-I1.1l loi.p
ard delliately npoiiivp action ap in audi ad
mirable adjustment as to induip a inu.kal atato
on the pait of Uic pla)ir and even BuggcJt
musical ideas t.) the composer.
"While capable ot inrcislng mil palbellc ten
den. em, it is also tuirliuclilng under biavuia
pissagcs, and in this 11. licit It appioaehes Hie
natiiie of 11 Or.utd I'i.niiilnitp.
"It Is mi lu'trununt for Hip musically Intelli
gent, (apci tally for tliu-o to whom n Grand
i'lanofoile is lor jny icison dcbaircd "
We dpiighi in a'uning the .M.1.011 ,(. Hamlin
I'piUht, and iho Uab) Hraud, to all pirsons ap
preciating an absolutely artistic piano.
131-133 Washington Av
Pierce's Market, Penn Avenue
Wc make a specialty c( fancy Cieameiy Put
ter and strictly fresh eggs and the price It at
low at tint clasa goods can be told at.
We do not hare any upcilal tales or Icadcra
but at all tlmea carry at complete n line of
Market Goods, 1'ancy Groceries and Table Pellca.
cles as can be found in the largest New York
or Philadelphia Mtrk.ti which we sell at right
W. H. Pierce,
II lavckswtnna Are.
Prompt delivery.
110, W, lit feno Ait.
Why you should patronize us:
First We are a thorougly re
liable and responsible firm.
Second We Give you the best
Third - Our prices are the
Dressy Gloves
for Dressy Men
If you would be a dressy man your
gloves must bo as correct in shads
nnd make as any nrticlo of -wardrobe.
Ours are just the proper thing.
305 Lackawanna Avenue
i'.iI .1.11 keis, ij:
Persian Lamb "lliiiiiuitln" col
lar aid irvciaP, isl'iO; now..
IViaiiui I.jiu'.i .l.nkel, tTJ.OO;
now ,
Mink Cape, .Ml fit. deep, VIK):
Mln'. Cape, ;te) Inch Jirp. .7."i:
now ..l.'.
.Mai tin Cape, .") iiieb deei, 7'i;
now .
Mai tin t'app, !' lies It ihep, nn;
Ueaver Cape, 2" inch dieji, s'.'i;
Klcclric Seil, Maitlu Itluiuicd, .10
iiu.Ii deep, fi.1
now .,
now .
now .
Ml diith (.ipcu.
Iciau ami Soils it greatly
reuueed prues.
F. L. Crane,
324 Lackawanna Ave.
Raw Furs Bonglil. Furs Repaired.
l'opulsr House
A Self
pasting Roaster
d 1
pml to Hip rl.mciil of
11 pimped) prcpiring tin.
I liviiiii- ina-t. With the SAV.
iiitv si:ami,i' ittJAvriM. i.v
Hip t.ucic-si of .1 dinner iittt sole
I) with Hip itiilllv of meat, and
the oven tcmpctaluip. Two lr.-,
M.nO and !.I0. Make a note ct
lids 011 )our liopping list.
Foote & Fuller Co
Wears litiildiiig,
yv-''-AAA-(V SS-Af-AfSy;&iSJ-y.
; y
5 Innnnfir
uiu U4A1 J'
Clean Sweep Sale.
Values in
Dinner Sets
All the Odds and Ends in
our stock have been marked
to prices that should clean
them up quickly. Some sets
FECT some have a piece
or two missing others a
pleco clipped. Other sets
only one or two of a kind.
Those and other reasons
make them odds and ends.
But for every pleco that's
missing for every piece
that's clipped we cut a
good sized piece off the
price. Dishes nie hard to
keep perfect anyway, so
better look them over.
221-223-3:J5-227Wyoralng Are
' . f-
f .ttsVsl..