.A
t."
,iv
THIS SOKANTpJN TRIBUNE-WEDNESDAY, JANUARY 16, 190T.
, Condensed Milk
Phosphates and Hypophosphltes
Added without change of taste.
J m Best Milk for Family Use " ' Babies thrive on it"
Sold by DriijciUU and Grocers, Write
t THE DR. HAND CONDENSED MILK CO.,
4 W''''
Ice Cream;
BEST IN TOWN.
OC Per
QC Quart
LACKAWANNA DAIRY CO
SelephoneOrderi Promptly Dll vral
!l'tl Adims Avenu.
Scranton Transfer Co.
Baggage Checked Direct to Hotels
and Private Residences.
Office D., I & W. Passenger
Station, fhone 525.
DR. H. B. WARE,
SPECIALIST.
Eye, Ear, Nose and Throat
Offlr Hours 4 a. m. to 1130 p. m.: 8 to
Williams Uulldn, Opp. Postofflcs.
f !'
: CITY NOTES :
- 4- 4- '
WIMj SKKVi: SUPPKIt. The ladles ot the Kim
Park church xill serxc an elaborate supper
Thursday exening.
I'AY-0 Yi. The Delaware ami Hudson tiain
nun south cl Stranton xvere paid yesterday and
metal l.achavvinita trainmen also icccivcd their
December earnings at the local pay office.
(SI'S llKIl.MAN I.IM.T-.D.-Oui llcllman, aged
mi yeirs, living near Tobihanna, v.i.s struck by
i l,arl,avvi.inn.i train on Monday and instantly
killfil. lie Is survived liy a wile.
TIIKIT OK A DOfi. liobcrt Me Hugh, ot Dim.
inoii', was hrld under $.1W) lull by Alderman Mil.
lir j cstcrday on the charge of stealing a do;,'.
( hiil ol Police Holding Is the prosecutor.
Klfilllll WAItn rAUi'l'S. Tlicrn will In. a
Democratic caucus held at the St. Charles hotel
1'rldjy evening, January IS, to nominate) can
didate lor acsMir, register ol xotim and
election hoards
MiCIAI. MslOJf. The- Si ronton Lodge ot I'.IU
will hold a social meeting at their rooms this,
riming. A ery interesting programme U to
he given. It Mill probably he one ot the luobt
interesting tcsdoiu of the year.
.criTsi:r or assault. wiuum uiiy. of
I'lnmett street, xvas arrested jesterday on the
iulnimatlon of his mother, charging him with m.s.
mull and battery. He will he given a hearing
liy Alderman .Millar at 7 n'tlocl: tonight.
I IIAuT.KD WITH THllEATS.-ficorgo Heed, of
Nnvton township, was analgned before Alderman
Millar yesterday on the charge of threatening
tu I.1II preferred by John Paddcn. He waived u
hearing mid cntired $ZW bail tor his appearance
In court.
STRUCK 11Y HAIL Alexander KroaU. of 313
I'.lm street, was struck In the aide by a rail at
the South mill yesterday and badly bruUed. lie
may be Internally Injured. Ho wa taken to the
Mo-cs Taj lor hospital.
A PIN'ED S3. Iliiifli Wall, of Howard rlaie, xihn
was arretted by Patrolmen Conner)- and Hail
Monday night for being drunk, demolishing fur
niture, driing the family out of doors and co
.Itlng n general distuibancc, was fined M by
Alderman Kafson In police court yesterday.
llf.l.D COUIIT MAKTIAL.-lIajor II. liu.1i
Field, of L'atton, held court maillal at the
armory last evening In the case of fitted! imn
charged with non-attendance at drills, l.ieii
tenant Newberry, also of I'astou, acted as ilerl..
Commissary Scigcant Hermans, of this city, vuS
marshal.
Till: ANNUAL PUW LETTIM'.-Thr utinual
pew letting of the Penn Avenue llaptM ihuieh
xvas held last nlsht and was u t tenth d by a
goodly number of the congregation. A i-on.l .
rrablo amount in premiums for the first ehol. c
xv.u realized ami nearly all the regular pew
holders took scaU again for the coming je.ir.
WAV HALL. On account of the lnc.rr.is! of
Membership of the Scranton Clerks' association
Local No. 211, It las been neeessaiv tu git larger
quarters. The Carpenter.' hall on Wjondng me.
imc is the new home of the t W association
wheie they will meet the first and third Tliui
tlay nights ot each month. The regular uneilng
Is tomorrow night. All clerks aiv nciuoird hi
be present. Important business Is t(, i,e tuns,
acted.
M'AU'S WOHK.-At last nights teeltn& of
the (lener.il Phlnney Engine compani the an
nual report of the fort man us presented and
ttiowrd that In inno the commny uspoii.,, lt.
"" -t"---f -f- -t
4. Wo offer subject to previous
snle
! $12,000 :
i Economy Steam Heat Comnnnv
Gold Bonds:
5 Per Cent. Free of Tax. Mn-
4. ture 1030. "
f
4- This company wan oiganUid n !').;, JM,i 4,
4. has been euccemful from the stall, n 4.
4 is the only steim heating company In T
4 the city of Reunion, and u tootiolhd "T
. by repreaentatlie mm. 'Ihe Ix.uds 4IU ""
eonsldcitd to be a de.lrable lnielment "
C8 nroadiy, N. Y. Wllku-llane,
r Citihondali, 4
Commonwealth llhlg, Nianloii. 4
DR. HAND'S i
(or booVItt,
SCRANTON, PA.
thlrty-fle alarms and seven ttlll alarms, lt was
In actual sen Ice flfly-slx hotira and thirty-four
mlnutei and laid I0,1J0 feet of base. The steamer
ran twenty-four hours and twenty-ono minutes
at fires, and iiniutsted the company evtlngulsltcd
cleun fires. Two hundred and ninety-three mem
bers were in attendance at the fires.
Till! COMtNd l'i:TK.-MI Kaarr Is delighted
with the material she finds among the young ieo.
pie who hac lebearncil for the coming Marie
Antoinette fete. Scleral dance are not yet ready
hut a number have) been thiough one reheirsal
and seem to bo ery clever In catching the steps.
The dances nie ery charming, the music un
haeknejed and attractive, several groups of
children will rehearse Hill afternoon, while to
night the usual number of dances will be taught.
There was a ury Miccessful rehearsal last night
in the board of trad building. Among the
dancers for the Marie Antoinette fele will be the
court dame, the Alsatian, Hungarian, Itusslan,
Dairy Maids and Pagen, fire dance, etc.
TDK JIJIlILLi: SIN(!KUH.-The 1'Ue Jubilee
singers cntcrtnlnrd a rtowdetl house list night
at the Second Presbjterl.m church. They were a
tine looking compiny of tolortd tieeple. The
ladles wore blouses with hlick skltts and the
uniformity of attire added to their attractive ap
pearance. They comprised a double quartette,
with beautiful olces width g.ic Indications ol
culture and ta.slc. They sang Jubilee songs', the
rich melodious tones which stem to he bred
only In tropical climes, thrilling the listenits'
hearts. They ill had the singularly fascinating
tininre, the mellow soflneis rcoognlrcd as n
heritage of thu African race ami their Intelligent
rendering of the selections made their music In
deed a treat. The men's voices wcif adequate In
fcveetnee.s and flexibility to make a liarmonlo'U
enemble effect and evcrj member of the com-pirn-
was a soloist. A more enjoyable evening
of song can scarcely be Imagined.
FUNERAL OF MR. O'MALLEY.
Services Were Held from the Late
Residence in Philadelphia.
Wmiiint O'Malley, formerly of
WllkcHoIiarrp, was burled from his lutu
residence, South Ilrond street, Phila
delphia, on Monday moinliiB. At the
church of Epiphany a solemn hlph
mass of requiem was sunff by the pas
tor, Father Nash. The Hev. AVIIIIatn
Morrison, O. S. A., of Philadelphia,
was deacon: mid the Uev. Jamrs
Hussle. of Plains, sub-deacon. The
Rev. Father Urehony, of Mnnayunk,
was muster of ceremonies. Other
priests In the sanctuary were: Rev.
Father Lavelle, of Hyde Park: Rev.
Richard McAndrews, of Wilkes-Uarre:
Rev. Father Hurst, of Ashley, and
Rev. Father K. J. Phillips, of HnzH
tiin.und Fatliero RurrinKton, McArdle,
Ilannlfran. Shields, McManus-, Oorm
ley, Masterson and J'rendersast, of
Philadelphia.
The Hlirht Ilevetend Monslsnor
MfKiney, chancellor of the nrch-dloccse
of Sow Yoik, anil Chaplain Cliarles
If. Parks, IT. s. X also of Now York,
were present. Services In Holy Cro.ss
cemetery were conilucled by the itov.
John O'Malley, or Kingston, a brother
of the deceased.
The pall-bearers were: M. V. Morris,
of Plttston: William HIbkIiis, of I'll la
delphla, John M. Ward and John t'as
sldy of Wilkes-Ran c. The carriers
were Doctor Charles Hobati, Dr. Ki
wood R. Kirby, Dr. Joseph Walsh.
Capuiin Ambrose HltrRins and George
Donnelly, of Philadelphia; and R. J.
Walsh, of Wllkes-Barre.
The children of the parish schools
showed their appreciation of medical
hervlces rendered tnem by the son of
the deceased, Dr. Joseph O'Malley, by
attetidlnp; the mass in a body.
Among others In attendance were Dr.
Austin O'Malley, of the I ntverslty of
Notre Dame; Mr. Richard Marks
O'Rrlen and wife: Dr. J. J. Rarrett
and wife. M. F. Wymbs and wife and
Frank U. Brown, of Scr.mton; Mrs.
A. V. Campbell, Mrs. Hussle, Miss
O'Malley and Mrs. Kclley, of Wilkes
Uarre. THE BOARD OF CHARITIES.
Business Transacted at Last Night's
Meeting,
The lepnrt of Treasurer Kelly at
Inst night's meeting ot the Woard of
associated Charities, showed the fi
nances of that ot'Kanlzatton to be In
a much mote nourishing condition
than they have been for many mouths.
The announcement made at the last
preceding meeting that the bout el
needed money resulted in an inllux of
generous contilbutlons which have
paid nil outstanding debts and left
money In tho ttensury.
The annual subscribers to this ex
cellent ehailty have been sending In
their donations, and as a result, the
Hn.iuclal state of 'tin board now
leaves little to complain about. At
last nluht's meeting, there was nn ani
mated discussion on the subject 'if
pMifesslnnal beggars with which the
city is now Infested. Sewial eases of
particularly objectionable mendicants
weio biouglu up and the public Is
warned against Mrs. Mingle, whose
modus opeinndl consists In visiting
one house, artfully lluding nut from
the good wife who Ihes In the neigh
borhood, and then going to these lat
ter and declaring that the fit st victim
sent hr to them foi alms.
Another woman asalnst whom thu
board warns all people Is one Mrs.
Connolly, who takes up contilbutlons
alleging that she is collecting for local
charitable Institutions.
A motion was muilc by Mr. Kelly,
nnd seconded by Mr. Gibbons, en.
dot sing the pilson hoard's action in
setting tramps and vagrants at work
mending the streets and toads.
The report of tho agent ot the hoard,
Mrs. W. R. Duggan, showed that
from Dec. 18 to Jan, 13, sixty-nine ap
plications for relief weio made nnd
llftyone Investigations took place. In
forty-one cas.es tho applicants vcro
found wot thy and aided and In ten
can's were found unworthy. Kmploy
ment.was found for four, medical aid
for one, lodging and meals for one,
tuuispoitutlon for one. Two appli
cants were sent to tha House of the
Oood Shepheid and three were sent
to friends.
Two cases weie leferted to the Homo
for the Friendless, thiee to the Found
ling Home, and onu to St. Patrick's
Orphanage, Two persons were ar
rested for various causes, and three
wen.' lefurred to tho proper authori
ties. Legal advice was secured for
two persons and advice and direction
for eighteen.
To Cure tho Chip In Two Days
Laxathc Bromo ljulnlne Tablets,
COOPER CASE
WENT OVER
DECLARATION WAS AMENDED
BY PERMISSION.
City Solicitor Pleaded Surprise and
the Case Wob Continued Man Is
Sued on a Note Which He De
clared Ho Never Signed Jury
Evidently Believed What He Said.
An Action for Large Damages
Brought Against tho Scranton
Railway Company.
Th case of Qcsirge Cooper, ot
Eighth street, ngalnst the city of
Scranton, for $10,000 damages caused
by the overflow of a sower, Is again
off tho list for tho present. When tho
case came up before Judge Kelly yes
terday, Judge Wlllard, who appeared
for the plaintiff, asked for and se
cured permission to amend his client's
declaration.
Tho original declaration declared
lhat tho water had overflowed on Mr.
Cooper's property becnuse the catch
basins were too small. This wns
amended so as to declare that tho city
negligently allowed them to become
clogged with debris, thus causing the
overflow of water. City Solicitor Vos
uurg pleaded surprise when the declar
ation was thus amended and moved
to have the case continued, which was
done.
Mr. Vosburg succeeded In having the
case non-suited last September on tho
ground that If tho catch basins were
too small It showed an error of Judg
ment on the part of the city engineer,
for which the city could not be held
liable. Non-suit 'was ufterwards
stricken off.
VERDICT FOR COMPANY.
In the case ot P. McOrnw against
the Clark Tunnel Coal eompany. Judge
Edwards dhected that a verdict he
rendered In favor or the defendant.
The plaintiff sued before an alderman
to recover wages, which he alleged
weie due him. The alderman decided
against him because ho believed that
he wasn't able to show that the com
pany was Indebted to him. Judge Ed
wards directed the above-mentioned
verdict, after the plaintiff rested. He
was unable to make out a case.
The rase of Peter Lutnwskl against
M. Zatkowltch was heard before Judge
Edwards. I.utowskl sued to collect on
a Judgment nolo for $.".0, alleged to
hac b'een made by the defendant.
The latter contended that he dln't
make the note nnd claimed he could
not write. The Jury found a verdict
In favor of the defendant, evidently
believing that he didn't make the
note.
In the case of the Crescent Eleclile?
company against the borough of Win
ton, Judgment In the sum of $l,2l..f
was entered by mutual ngi cement of
both parties to the suit. In favor of
the company.
In the case of Geoige W. Adams
ngalnst Sarah Hollenback. Judge Ed
wards directed that a verdict he given
Tor the plalntirr for the property de
scribed In the wilt of loplevln and that
he be allowed six cents damages.
The jniy In the case or O. M. Fllt
cher against W. W. Williams brought
In a verdict yesterday awarding tho
plalntirr W'l.t".
THOSE PAVE CASES.
In the cases of the city of Scranton
against E. R. Sturges and Robert Hur
ley the court refused ti motion to
strike off the plea and allow the de
fendants to demur.
The Sturges case Is on the list fur
today. It is an action In assumpsit
brought to recover the cost of laying
an asphalt pave on Washington ave
nue in front of a property owned by
Mr. Sturges, who alleges that the work
was improperly and negligently done.
Rule Made Absolute.
Judge R. W. Atchlmld yesterday
handed down an opinion making ab
solute a mle to show cause why Judg
ment should not be entered without
costs in the case of R. E. Ginsberg &
Compnay against tho Scranton Rail
way company. The opinion follows:
"The plainltffs, under tho evidence,
wete entitled to a much Iargpr ver
dict than they obtained, and one
which would have obviated any such
nupsllon as Is now raised. Rut as lt
stands, it Is under $100 and no ntn
duvlt having been made as lequlted by
the stutute, and the case In Its nature
being one of which a Justice or the
peace or alderman had Jurisdiction,
the veidlet iloes not entry the costs.
The action Is assumpsit and It ailses
out of an agieement by the defendant
to sell the plaintiffs it lot of scrap
steel at so much per ton. It thus
falls within the exptess terms of the
statute fixing the Jurisdiction of jus
tlces and ptesumptlvely according to
the amount recovered It should have
been begun before a Justice and not In
the common pleas. Rogers s Rat
clllfe, L'3 I'n. 1st.
"It Is true that it is a suit for dam
ages and that the pmount claimed in
far In excess of the Jtnlsdlctloii of .1
lustlce under the net of 1M0, but lhat
Is not what contioR Necessnilly, in
vvory InManio wheie a rucstion ot
this kind mlses, the eusv. aecotdlng
to the amount eleinandeil, whether It
1- debt or damages, Is apparently b--ond
such Jurh-illctlon, but this will
not exe use an al'hh'vlt such as the
statute calls lor, If the amount io-coveie-d
chances to fan within It.
Too Indefinite
l'p and down the lanes of life
one Is ever meeting folks who pos
sess n surplus of Mens. As tlin
pioverblal dog Is full or tleas
they are filled with schemes; and
all would pan out wondious ptof-Its-could
they once but have n
chance.
Few chunces to matetlallze are
afforded such folks: they aro too
Indefinite. And, sad to say, few
such ever recognize their fulling
ever see tho weak pulnt of their
gteat planning.
'Twould be it p!c-uMiio to tioinl
such persevetlng people n tho di
rection of success they earn It,
many times over. Had they but
early settled down to the plain
policy of SAVING, society would
long since have ilchly rewarded
their rare energy.
Tho suggestion Is piuctlcal the
wav over open. Thu wlshed-for
results arc certain,
Savlncjs Dopnvtiuoul
TRADERS NATIONAL BANK
Cor. Wyoming nnd Spiuco
There may bo decisions which seem
to hold otherwise, but we cannot fol
low them. That a Justlco has juris
diction oven where tho suit Is one for
damages for breach of a contract such
as this, Is abundantly sustained by
tho authorities. Hunt vs. Wynn, fi
Wntts 47: McCahnn vs. Hirst, 7 Watts
175; Todl vs. Flgley, Ibed 542; Conn vs.
Shlnn, 31 Pa. Hi Shannon vs. Madden,
1 Phlla. 251; McCnfferty vs. Crew, 1R3
Pa, 311; Green vs. Patterson, 3 Super
ior 3C4.
"Thu itilo Is made absolute and
Judgment Is directed! to be entered on
Ihe verdict for $59.77, with Interest,
without costs."
They Want Heavy Damages.
John nnd Mary Urown, husband and
wife, yesterday brought suits for
heavy damages against the 'Scranton
Railway company, through their attor
ney, Ira II. Burns.
Mrs. Brown was a passenger on one
of the street cn'rs which were In the
serious collision near Duryca on July 8
last. It is etintended that at that time
she was badly Injured, being uncon
scious for several hours. It Is alleged
that her sight nnd nervous system
were seriously Injured und that she
will never be entirely well again.
She sues for $20,000 damages and her
husband such for $10,000 damages for
the loss of her services and for money
expended In medical treatment, etc.
That Minooka Case.
Judge Edwards yesterday decided to
grant a rule to show cause why an al
ternative writ of mandamus should not
be Issued to compel John J. Coyne, T.
J. Coyne and P. J. O'Neill, members of
the election board of the South district
of Lackawanna township, to count and
return the vote of tho Democratic pri
maries held Inst Friday.
On Mondny, Patrick Hlgglns, who
was the nntl-Coyne candidate for su
pervisor, through his attorney, John P.
Quitman, asked court for n writ of
mandamus. Judge Eelwards at that
time expressed It nt his opinion, that
court had no Jurisdiction In the matter,
but decided yesterday to grant the rule
and let 'Mr. Qulnnan shuw, If he can,
that court baa power In the premises.
Tho rule Is returnable next Saturday
morning at o'clock, when arguments
will be heard.
Presentments Today.
Today the grand Jury will make pre
sentments to the court In the cases
ot the magistrates It has bejan Inves
tigating. The court will, In all piobablllty, di
rect the district nttorney to prepare
Indictments and they will be reported
by the Juty In Its final report tomor
row afternoon.
Yesterday's Marriage Licenses.
James J. Mctlulnness Scranton
Nora . Cull Siranton
t lurles Mcwns Sterling, Wayne Co
l.la Usher Sterling, Wayne Co
I'.-miik J. Martin suanton
Mar) (.llmorc Schultztillc
Lester K. Units Scranton
J.mettc M. Tnrnhul! s'erauton
.lames ae.v Olyphant
lai Harnum OI pliant
Miehiel I'iliaiage Scranton
-Marie Lonnek Siranton
COURT HOUSE NEWS NOTES.
)'.. I. Wert, who was aiipoinied as Justlie of
the peaee of Duninore to till the aianey caused
1 13 Ihe death of . A. Krolrrr. .tostiid.u tiled
his bond it, the sum of Sl.iXW witli 1'iothonotnry
Copi'lind.
n order was made jesCi'tdaj hi (lie court
diluting that In the matter of the alleged in
sanity of .Imnle llowill, notice of the appoint
ireul of a commissioner ho sciod upon lur
untie, John T. ltiihardi.
In the iaoc of Tinner k I happll ugiint ',
lt. Oriffiths, defendant, and the .laiksui Street
lliptl't iliurcli, garnishees, Judto It. W. Artli
bahl yesterdiv Inndul duwn an opinion. He
sajs- '-Ihe rule is made absolute, and A1J.1 Ho
ban, ocuitor of Morgan llohan, deceased, is al
lowed to inlerteno pro tse sue as a party de
ft ml int with the gain!hcc, an is-ue to he made
up with the attaching tirdilura as plaintiffs and
Ihe ganihhce und the said executor defendants,
ill whirl the writ of attachment shall stand as .1
deibiatlon and the difcnd.ints plead nulla bona
thereto."
HAS NOT ORDERED APPEAL.
What Mr. Keller Says About the
Vlnduot Case.
Luther Keller has not yet definitely
decided whether or not he will take
an appeal to the supreme court In the
viaduct equity case. The opinion ot
Judge Kelly would seem to safeguard
the Interests of the affected property
owners und, as that was the purpose
of the suit, Its object has been accom
plished. Judge Kelly said the city Is
liable for the elamages that may bo
caused by the erection of the viaduct,
though the amount or them may not
lie determined until after It Is built.
Mr. Keller said yesterday:
"I believe for the good ot the city
this case ought to be appealed and tho
question at Issue definitely decided. It
Ik of the greatest Importance to tho
city and we ought lo have the decision
of the state's highest court on It before
we stop. At the same time. I do not
personally reel called upon to carry
this case up. I will decide In n day or
two what course 1 will pursue."
MR. MERRIMAN ELECTED.
He Is the New Select Councilman
from tho Thirteenth.
Ihirlc L. Merrlnuin. mnnngar of tho
Pat agon Plaster anil Supply company,
was dueled select councilman In the
Thirteenth waul at a special election
held yesteiday to 1111 the vacancy
caused by the death of A. R. Lldstone,
There was no opposition. Mr. Menl
mun is a Republican.
The vote by districts follows: First
ilistilct, 2.V. Second dlsttlct, "r, Third
district, 31.
ANNUAL MEETINGS.
Miuuil meeting of tho stockholder of the
llieodme A. Whim .Manufacturing company was
hrld Tutmlay and a n per cent, tlltidrnel tie
i hired. The total amount of business lor the.
.-ar was vs'.iKK), i?TO,(i of which was paid out
f...- lalsir: $I0,I of tieasuij slock tn be taken
un and addt'd tu Ihe woiking capital.
Mi, following othiiM eleiiid fur the enniing
jeir. Ihtodori' A. While, piesident; J, Law.
leiiie Sli-lle, lee-plesldi'lit; L. It. Melle, secrc.
taiy ami treasurer; dim torn, W, ', Kelehum,
n I). i:wn, O. II. Partridge, It. J. Milthews.
The annual meeting c( the storkhohlcrs of the
Si i.iiiii Iron I Vine and Minufut Hiring company
w.u In Id In the olllce of the company on C'apouse
ainuie at :i u'eluik yesterday attenioon.
'Ihe following ofrlteis for the ensuing jear
were i h'U id: 1'. (1. hiugiim.iu, president and
gel rial inanagei: Conrad Schrotdir, lte.presl
dent, and A. L. I'liuk, secretary and treasurer.
The boaid of directors ot the Scranton Ileddlng
iiu.piuy met jestcnlay and fleeted I no following
oituisi Pieildtnt, Dr. N. Y. Leet; kc-prcsl-dull.
II. II Paine; secretary and treasurer, T.
II. Ilcnion. The directors are as follows: Dr. N.
Y. lant. II. K. Paine, Luther Keller, Conrad
Sthioulti and A. D. Slrlle.
'Ihe stockholder ol the Sirauton Illuminating,
llrat and Power company je.terday met and
rlieti'd tho following board of directors: William
P. HulMiud, eleoigo M, ll.illstead, II, M. Stack,
M, IV, Collins, I'riinkllii Howell, T. (1. Wolfe and
I!, D, Mullen. The tlirrcturi will organize this
iuiIiiIul;
NEW TRIAL
ISREFUSED
SAD BLOW FOR DEWILTON
SWEET, THE FISHERMAN.
Judge Edwards In a Lengthy Opinion
Handed Down Yesterday Took All
tho Props from Under the Cher
ished Idea of Piscary by Pre
scription Which Has Prevailed in
the Neighborhood of Bassett's
Pond, Where Sweet Did the Fish
ing That Caused the Litigation.
Judge II. M. Edwards handed down
nn opinion yesterday in tho famous
Bassctt pond fishing case, otherwise
the case of I). C. Glbbs ngalnst De
wlllon Sweet. The matter camo be
foro the Judge In the shape of n rule
for a new trial, which he dlschartres.
The opinion follows:
In this cue we give the Jury binding Instruc
tions to find In fnwir of the plaintiff for noiulnil
damagessir cents. Hie trespaw consisted in
the defendant's fishing In llasjett pond, the prop
crty ol Ihe plaintiff.
The plalntlll traced his title to the pond and
adje'nlng land from the tomiiionwe.illh by war
rants, limeys', patents and subsequent ioney
at ees. We held as a matter of law- that the land
under Ihe wateis of Ilassett pond belongid to
tin plalntlll. It Is located In put on two war
rants, the Jonathan Hall and Milliard Hall, It
toers our fifty acres ot land. In none of the
ritieyancrs do we find the pond specified as a
boundary. Indeed, all Ihe conveyance's whlih
Imc been brought to our attention, excepting
one, which we shall refer to hereafter, describe
the lands wlileh ore comeyed by courses and dis
tal ees, regardless of the pond as such.
11 is well settled tint in grants ot tracts of
saesnt lands by Wllllim Penn, or his suercMors,
during the proprlelaiy times, and by the com
monwealth since, streams not naWgablc, falling
within the lines of a sureey were covered by It
and belonged to the owner of the tract, who
m'ght afteiwards come the bond ot the stream
to one perscn and the adjoining land to another:
2 Pet. (it; Coocrt vs. O'Conner, S Watts 170.
Hut when such a stream (otitis the boundary ot a
tract the grantee acquires a title ad fllum aquae,
NO ItlClilK IN THU POND.
The defcrdant In the case at bar owns a farm
whose nearest line Is some distance away from
tho pond. W'hatmcr the rights of a shore owner
maj he, he his none. So far us Ilassett pond Is
eorcemed or his right to fldi therein, his prop
erty might as well be In Scranton, Ills main
contention Is that he has tlslied In this pond an
nually for over thirty jears. He has atnlloil
himself of this privilege weekly dining the fish
Ins season, without let or hindrance, openly and
notoriously, but In common with others, and he,
therefore, claims that his right so lo fish Is pre
si.mptbcly based upon a grant from the owner
a right by prescription.
Tills contention In our Judgnitnt Is clearlj un
trruble. If a presiriplUe right to fish can be
acquired In this manner, then there are bun
dirtls of fishermen In this county who, laving
fi-l.cd In the same stieams annually for more
than twenty-one jears without objection, may
hereafter tlaim Ihe privilege as a right that can
not be interfered with by the owners of the land
thrcugh width the streams run. A pre
scriptive rigid to llsh based upon periodical ex
cursions to a pond or strtam in common with
others, for any number of cars, cannot be ac
riilreil. To presume a grant upon such a bais
Is obviously iinreisonahte.
The ir quislion now hefme us is d!eiised
Willi considerable vigor by Justice Sharswood.
He sais: "Hut If Ihe right ilaimed hue has
been a mere onlinary way in grow, the evidence
would rut hive been sutHi lent In create the pie-
sumption of a grant. Had It been set up as np
prrttniut or annexed to a several fishery in the
llvel or to adjoining lauds, had theie been a
dunlnant and servient tenement, If Ihe plaintiff
Ii il picstilhed in que cstute, in him and those
wlio-e estate h. had, it might have been oilier
wise. There l a manifest reason for a disllnc
lion lu the niturc and amount of the evidence
rioiilied In eae of siith un easement and one
inn el) in gross,
Till. PHKsrMPTION.
"lln i e is a teitainty ns lo the owncu and ot
cupiers of the land to whiih the appurtemnev Ij
predicted, which does not exist where the claim
is in gross. A fair presumption aiises of knowl
edge that the exercise of 1 1 is under a claim of
light. This Is absolutely nqulred in all cases
of prescription: Wahhuine on Lascmeiits Ml.
The eiieiumtane-esof Ihe enjojment must he such
that the knowledge and acquiescence of the own
er may be presumed. Cray xs. llond, 2 Ilrod. tc
llingl.. ii7. Leu Intendlt vlclnos vicinl facta
scire. It I should see the owner or occupier of
an adjoining lot or faun oi his servants constant
ly noting my laud to the highvva.v, I may with
reason and without being iinnclghboily, dispute
it and insist upon an ac know ledgemont' that it is
only permissive so that it may not grow- Into
right. Hut if a Mraiia'ci with whom I may well
be presumed to be unicquainted or hi. son or
collateral heir after his death walks over occa
sionally and especially at long Intervals, on what
gtound Is lt to be Inferred that I know- It to bo
under any pretense of title? Must a farmer sec
to It that every one who crosses his field to gun
or fish asks his permission? Could a nun estab
lish a presumptive right by showing that regu
larly every )ear for twenty-one jears and moie
ou the Foul Hi day ot July he had, In view of
tlis proprietor, walked up to Ids well or spring
and without his peimisslon draw n buikct of
water? As well might an angler, resulting con
staidly to some shady spot on tho bank of a
stieam, set up In pmiess of time a presumptive
light against the owner of the soil of passage and
of tlsheiy. Many a lover of the sport for more
than a quarter of a century has pursued every
season one of our mountain brooks (or miles of
Its lourse (or the spei l.led trout with wlileh they
abound."
We need not discuss this phi.e of the case uny
fuilher. We aic satisfied that the defendant lias
imt ucquiied a prescriptive right to fish In Hj,.
sett pond.
TWO OlTariO! ItAlsKD.
Thi. defendant's eounsil raise two other ques
tions it quiring some coiisldeiatlon. Tho Ih.t le
lato to a claim of adverse' possession by one
William Klnn to a strip ol land about two aeies
in extent "bounded on the east by llav.ctt
pLiid," as described in a deed ofTiu'd in c-vl-ill
lice bj the delensc from O. llall.ti.id to Wil
liam l'liiii, dated Maich, 1&71. We admlltul the
d.ed at the trial with some hesitation. We
wanted to examine It In connection with uthtr
numerous title papers pioven by the plaintiff,
We do lied now think 11 has an.v healing on the
east-, htintise the iKeds In cvldenie shuwed that
HallMc.nl, III loujumtloii with William Ihutlcv,
tlu title being In both, had alieudv lonvcved In
David LtlMiii, In liVi, "fla.silt pond and' lands
adjcinlng, not conveyed In other deeds." Hall,
sleud had nothing to convey In 1S7. Hut tho
defendant went a step furthti. He offered to
show adverse possession In William Finn of the
land dfscilbid in the IlalUlead deed of 1S71, in
older to prove title In l'lnn to the thiead or
1 1 Mir of tho pond. Ilrlefly stated, the aiguini-nt
of tho defendant would he thin;
1, Finn had udvciso possession of a strip of
lund bounded n the cast hv lhs,eti sond,
2. The pond being a boundar.v, Finn owned
tho land to the center of the pond,
S. The pattlcular set of lUldng by the defend
ant for which he wj sued Wing on the Finn
side of the punil, although he fl.hed all over
the pend at other times, the plalntltT could net
lecuvcr In his suit,
This argument opens up un Interesting ques
tion, If Finn's adverse possession of the strip
of land referred to were successfully proven
would he own (he land to low water inaik at
furthest, or would ho own the soil to the tenter
of the pond? We have not lieeu shown any au
thority In Pennsylvania on this exact jioliil, nor
have we, with the limited time at our command,
been able to find any ourselves. There aru nu
merous cases in our state di lining the rights cf
ilpirlan owners on navigable rivers and on tin
navigable rivers, streams and creeks. We shall
Item (ummaiUu the piluelplcs found In aJiudi
caicd casts:
STATU OWNS SOIL.
1. In Pennsylvania the state owns thu soil of
Hi navigable rlvirs. Tho soil has never hcci
grafted to any one. Kbb and flow of the tide Is
no', nrrcaiury In this stale to make a river
navigable. Ovvncis of land on each side of tilth
I Continued en Page 8.)
4WiiVY
It flay Be
That somo of your friends will be married soon. That means
a present. What will you give themP A perplexing question
to be sure. Not half as perplexing as it seems if you'll come
here. Cut Glass, we have Llbbey's, in fact we're their agents.
Havlland & Co's Fronch China, you won't find a better stock
nnywhere. If we attempted to Innumerate all the good things
we hnvo this paper wouldn't hold them, so come and see for
yourself at
CVvvxvas?Vte .
Geo. V. Millar &
. .
V JtV "fif fljs 'H 5.
I "91 "jl -fl 'fl.
Gold Crowns $3
Gold Fillings $1
Bridge Work (Tlh) .$3
Set of Teeth $5
All work guaranteed for 10 yiars. Call and
have your teeth examined free ol charge.
Satisfaction or no pay.
TEETH
Schimpff, the Jeweler,
That's the name. You've heard it a good many times
most every time in fact, when jewelry is tho topic of conver
sation, for the one implies the other.
Schimpff, the Jeweler,
Has much to show you in the Gift li e more than you'll sea
in most other stores. Not only more, but something "dif
ferent" novelties that appeal to you, because of their
novelty.
Schimpff, the Jeweler,
Has everything going in the jewelry line. Think oi what
you want; it's there. Prices, too, are less than you think,
when you consider that no matter what you buy, quality if
apparent.
317 Lackawanna Avenue.
p 1 11c new iMever.s p as
55 pliail Kcmovnule
P HORSESHOE CALK.
? Horse can no! slip
K and will oiilwe.u three
it sets or nuy other calk
2 maiiiifaclinel.
S
BITTENBENDER ii
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Watches
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OUH WELL-KNOWN OUAHANTEE
GOES WITH EVEKY ARTICLE. . .
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The JEWETT is modern, up
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MACHINES I'LVCEU ON TRIAL
P16.&V .
JEWETT No. 10 Has Ninety-Two Distinct Char
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chine. D. W. WAGNER,
215 Board of Trade
TELEPHONE 240 S
sa
Co. Wjomlns Arena
- wane in na Loon Around, j-
Extracted Absolutely
Without Pain.
Our sjsteni of PAINLIISS Dentistry Is far
superior to the old method of doing work.
We both fill and extract teeth without tho
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rresent are extremely low, and If you are In
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We mike a specialty of fine Orown and
Drldge Work and It will pay joii to call and
get our prices before going clecvxhcie. All
work absolutely Painless,
Dr. ReyerTbentist
514 Spruce St., Opp. Court House.
jr
CL F,S.i3E .
AGENTS.
Jewelers
Silversmiths
Fine Jewelry
Cut Glass
Leather Goods
No. 132
Coal
Exchange
Wyoming
Avenue
sVsNstSats1
Writes and shades seventy-five
letters to the line.
Writes straight on ruled lines.
Has automatic type-cleaning
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The best tnanifolder and stencil
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The lightest touch to keys and
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I The JHWETT liner is easily the
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SCKANTON, PA,
bsjr r.'tjum m,irMjmmiifuLr'mi'Vi4f. i. -A is, jhs,-
IMKSwm. l- .u -i.