rr'ipi i"'"i;f' .i mnwimyiiui
VTFTryfF T "rr wTi&'W&w''' w'"
pvfmqp? 'ww
THE SCRANTON TRIBUNE-THURSDAY, JANUARY 31, 1901'.
$M
An Excellent Combination.
Tho pleasant method ntul beneficial
effects of the well known remedy,
Srnur of Fios, manufactured by tho
Califoumia Flo Svjiup Co., illustrato
thoTaluoof obtaining tho liquid laxa
tive principles of plants known to bo
medicinally laxntlvo and presenting
them in tho form most refreshing to tho
tasto :md acceptable to tho system. It
is tho ono perfect strcngthcnlnfr laxa
tive, cleansing tho system effectually,
dispelling colds, headaches nud fevers
fjently yet promptly and enabling ono
to ovoroomo habitual constipation per
manently. Its perfect freedom from
every ob'jectionaiila quality nnd sub
htau'cc, and its nctlni on tho kidneys,
liver and bowels, without weakening
or irritating them, make It tho ideal
laxative.
In the process of manufacturing figs
arc used, as they nro pleasant to tho
lastc, but tho medicinal qualltlesof tho
remedy arc obtained from benna and
other "aromatic plants, by a method
known to tho Camfoiima. Fio Syrup
Co. only. In order to get its beneficial
rffectsand to avoid imitations, plcaso
remember the full uamoof theCompany
printed on tho front of every package.
CALIFORNIA FIG SYRUP CO.
SAN FHAN0I8CO, CAL.
LOUISVILLE. ICY. m5W YORK, If. V.
Forsslobyall Druggists. Prlco&Oo. per bottle.
Ice Cream.
BEST IN TOWN.
OR Per
JJC Quart
LACKAWANNA DAIRY CO
atlejihoceOnJera rrompUr D'J vera!
'if37 Adams A verm.
Scranton Transfer Co.
Pnggape Checked Direct to Hotels
and Private Residences.
Offlco P., I. & W. Passenger
Station. Phono B25.
DR. H. B. WARE,
SPECIALIST.
r.yc, Iar. Nose ami Throat
"J re H-ur a. m. to K.SO p. tn.: I to
vrtiiiavas Bulldlns, Opp. Pastofflr.
I CITY NOTES :
CIXL'LAR Kl-Scanton Lodse of V.;i
II hold a loxular Klon Jl h o'cIook ilils
t tiln'.
MKLTiyiS M'MIAV, lluie will be a inftlns
( the uumbiid of tho f'oacli, C.ib and M.ililo
hkh'j union in l.'uub'd hall t-uudjy, lVbtuaiy y,
m 3 p. in.
II. k II. !'.,-The Dil.iu.iiR nud lli,Kn
ompanv pilil iteidiy at Um White Oil.,
.Mihbald, .Itnn.in, jv .lirniyn; No. t and 1'ow
iirly miiir jt ( iilnviulale.
HCCfLAB JllXTING.-lho fili-M and tiiaiu.
Jem of tho llu.ue (or the I'llcmiles, will bold ,
rul.ir mectlm; at tli Yuuns Women' (.bil
tian j-oclitUn rooms toniouuw .-.t ft.W a. in.
MAY III! l.V CIII.N-A. Chief ol I'oliio l(Miin:
1 4 icceiMd IntoiTn.itloii that tl.o nmnhter nf
Hi.- 11iouu lfjinbuiy. who dkd In Wliltcn.n t,
Mi- , on Jin. 11, liu.v Ik a ndlo,uiy In Chini,
I'UrniON l.V IIANKltlfrCV.-CliailM .
Il'ilitold, of tliU cil, his t.lul potllluit in
liiukruptry in tho L'nllid Sutis liault inuii.
lie pUces his llabalitici .it ',1JJ and bis ,L,.aj
at J,'..
fcUlf'i:n OX Id!. Julm Caey illppeil on tho
ke on Wj.hngton acnue mar the Kile and
Wwiiln3 Valley station last ui.-ht and frjr
turn lil.s left aim. Ho iccticd trtatinent at tho
tjcVawanru hospltil.
IHCt IN' XCW YOUU.-Word was riccied in
tM ilty yesterday of the death of John Ca.ia.
.an, ho was a resident hiro up to about a yeir
. Deceis-ed owmd several aluahle real ts
lite sites in different puts cf the city.
IXJUr.UD I1Y TAI.L Ol' ItOOl'.-Yeml Hfrnil.
nkl;, employed in the Connell nine at Lacl.a
anni, sutalned a broken rltrht fig and in
Juries to his left l.neo and leg by a fall cf roof
In the mlna .vestcrd.iy. Ho was taken to th.i
I.ailsawanna hospital.
YOU.vq BAnmrOUS' SOCIAL. -The Youn;;
-f 4- -f 4- sV
Wo offer subject to previous
sale
$10,000
Meadow Brook Water Company
Gold Bonds
Guaranteed principle and inter
est oy mo ijcranton uas nnd
Water Co.
5 Per Cent. Free of Tax. Ma
turing 1047.
Interest payable April and Oc
tober. Price and particulars on appli
cation. M BrosCway, N. V, Wllkei-Jlarie. -f
Oarbor.dalf,
4, f and f, Commonwealth llldrf,, 4-
4 beiintou.
t 4-1 1 t --- -f -f 4- f -f 4-1 f 4-
Hiditlou' dineliiy 'Ijis ronductrd their cloJlnj
luclil t Girpenter' lull lat evening. 0. It.
Mfrrion vtm nmter of eerfrionlei. The com
nltlm en ntriiu.menti was T. 1 Murjili',
llugK Kenned), M. A. Itaflrr ntl J. J. Davvwn.
A pie Lenten oelAl will tic held by (Ml or
finlrttlon on I'll (by, I'ebrimy 9.
HIT DHNXutr l.V HYC-lfine u i socl
deal el excitement In the wholcuto Mock tn
lower Lackawanna avenue) ctcrcUy over su xi.
Mult on ILury Hennctt, an employe ol V. It.
I'lerre. Vhfrc wan an empty barrel on tho lde
wall: at which an lntolcatrd man took um
In a (;.". Ho lilt Ueimctt terrific blow In tho ce
injuring tl.3 optlu quite erlouly.
KlilT Till) Cll.N0t:.-I!fnedlet Stramberscr,
a J2-.Vfai-.oM newsboy, vvas arredtel yeerdjy
for r.ejlecltnjj to slve Mr. lVrrlne, of lleil.
berry atrcct, change d.ia tier from a l gold
piree. Sundiy Mr. 1'iirlno bought a paper
from the boy and Rave him a $3 gold piece In
million for a penny, Tlio lid mid nothing and
kept tho eold piece. Sirs. I'errlno elUcovered her
love and when tho boy appealed next diy re.
quested him to produeej tho change. TliU ho
promised In do but x'.hlih be forgot to ketp.
IIU father lefumled the rnoti'y and tho boy was
ditcharired,
BUSH-PEET NUPTIALS.
Pleasant Wedding at Bride's Home,
on Monroe Avenue.
Murk A. Hush was married Tucwday
night to Miss Gertrude A. Peot, eldest
daughter of Mr. and Mm. Uyron Peot,
of 4J3 Monroo. avenue. The ceremony
wn norfotnied nt tho homo of tit
brldo's parents by Hev. Itobeit V. V.
Pierce, D. D.. In the presence of a
large circle ot friends.
William Juynes acted as dest man.
whllo tho bride was attended by lll
fnrt . 1T.M ,. .- I
"" -.. jiuiuii.ui. aiiej yening couple,
who nro nossensed of a wide elrele ot
ncqtmintanccfl, will, after a short wed-
"? tour, moKo their home in this
city.
WILL NOT COLLECT ON
INDEMNIFYING BONDS
Controller Howell Will Walt Until
Councils Declare Illegal the
Claims of Officers.
Deputy City Controller Hartley,
when itshed yesterday by a Tribune
imin as to whether the controller
would proceed tb collect on tlu In
tlemnlfylns bonds Hied by Patrolmen
D.ivies and Hockenberry, who were
apiminted to rucceed ex-l'alroliuen
Dyer and Saul, said that he would
not do so until fo dltccted by ouun
cits.. During the inteiini that plun&ed be
tueen the removal of Dyer and Saul
by tho mayor and the confirmation of
their removal by select council, Pa
twilmon Hockenberry and Uavics
vr.v appointed and served In their
rlai'ef. AVhen t-eloct. eotmcll finally
i-oncurr.Ml in the removal of Dyer and
Saul, Hockenberry and Davles cnino
after their salary.
The rontrullcr refused to counter
tlgii the wart-ants until they fill In
demnifyiiig bonds to iudoiunlfy the
'Uv from any loss In e.ipc Dyer and
aul should bring suit and recover
from the city. The signer:, of the bonds
ftitnlihotl were AVade M. Finn and
John II. Fellows. The bonds were filed
and Hocltonbciry nnd Pavles drew
their JloS each.
Dyer and Saul did cue and secure
judgment. On Tuesday lust they se
uivd their money, di awing ?18S e.ioh
from tho city tieasury. The city has
thernfoie paid Dyer and Saul $1SS
cai-h for performing no active servii o
and Hockenberry and Davles ?1SS each
for doing actual work. The contin
gency which the controller had In
mind when he demanded the indem
nifying bonds has therefore arisen.
Mr. Hartley stated that Inasmuch
as councils by ordering the payment
of the claims of Dyer and Saul had
declared them legal, It would be neces
sary for them lo declate that the
payment of (.alary to Hoekenlnrry nnd
Davles was Illegal before the control
ler would direct tho city solicitor to
secure Judgment on the bonds.
It ts generally undet stood that ex
Chli'f of the Fire Department P. .1.
Hlckey will shortly bring suit against
the city to recover iM luo him ns
salary ftom the time of bis mnwval
to the confirmation of that removal
by select council.
m
CLERKS ENJOY THEM! -ELVES.
Conducted Masquerade am Dance in
Guernsey Hall, i
The ilerks of the (ilobu Warehouse
enjoyed a very pleasant evening last
nlsht ut a masquerade and danco in
Guernsey hall. Tito committee In
ohurgu of tho affair consisted of Kd
ward McClaln, George Vipond and A.
D. Moore. The prize for the best cos
tumed man was' awarded to F.dtuird
McOlitln, and for the best w,mvtcd
lady to Miss Wagner.
The programme Included voml solus
by Walter Dlokelnlck, Arthur UivIh
and Miss Louisa Ltttx, a duel by .Miss
Alines and Arthur Davis, a ricltjtiou
by Miss Spencer, n sketch by .Messrs.
Met 'lain and Henley, and singing by a
quartette, composed of Messrs. Davis,
Fo., Hawkins and Moote, At the con
clusion of the entertainment, danelni;
was indulged in.
MRS. LUDDON'S SUDDEN DEATH
It Occured at the Funeral of Her
Child.
Mrs. John Lueldon, of Minooha, died
suddenly on Tuesday afternoon, whllo
the remains of lier Infant daughter
were being taken out for burial In St.
Joseph's cemetery.
Mrs. Luddon had nut been feeling
well feir somo time and It Is supposed
that the death of Iter child had a
bad effect upon her. Mrs. Luddon was
3D years of age and is survived by a
husband and three children,
GREELEY'S PRODIGALITY.
Mado Himself Poor by Repeated
Gifts to Friends.
Colonel MeClm, in feucccu.
Horace Greeley was lavish in his
gifts and often to most unworthy ic
ciplents, and was most sensitive when
admonlbhed on the subject by even ids
closest ft lends. Ho loaned thousands
of dollars to a scapegrace son of Com
modore Vnnderbilt, and, when Vnmler
bllt appealed to hhn lo stop It, (ireelny
curtly closed tho conversation by say
ing he did not expect tho commodore
to pay tho loan.
In one of tho many convotsatlons I
had with him in his dingy ofnee In the
old Tribune bulldlnt I ventured to
suggest that ho was it more generous
giver than his means justified; to
which he unsweied' "Well. 1 guess
that's so, hyt X cun't stop it. I am like
tho Southern planter who. after spend
ing tho proceeds of his crop In winter
revollng; closcet up the uccotinl by sell
ing a nigger; I do It by Bulling a share
of the Tribune, Ho otlRiU'illy owned
nearly or uulte one. half the paver.
When ho died, he had but. one share
remaining of the one hundred,
MISS DUFFIN'S
BIGVERDICT
JURY AWAKDS HER DAMAOE8
IN THE SUM OP $7,000.
Largest Judgment Ever Glv.eu
Against tho City In a Damage
Case City Solicitor Vosburg Will
Ask for a New Trlnl Suit In
Ejectment Against tho Bonta
Glass Pipe Conduit Company.
Two More Divorces Granted.
Other Court Matters.
The Jury In the enso of Miss Mary
Duilln against the city of Scranton
came In yesterday morning with n ver
dict for tho plaintiff In tho sum of
17,000. This is tho largest verdict ever
secured against the clly in a damage
case.
The case was given to tho Jury by
Judge Archbald nt 5 o'clock Tuesday
evening. It wan five hours later when
they reached an agreement. They
made their report at tho opening ot
court yesterday morning.
Miss Dulllu claimed that she wa
lnlured by falling over a tly-wheol,
which was lying on the sidewalk In
front of C. H. Scott's property, In the
200 block of Adams avenue. Tho
wheel was lying flat and Its tint was
within a few Inches of tho Inner side
of the five-foot flagstones. She was
going along the avenue on the night
of November 4, 1S94, and upon r nchlng
that point encountered two other pe
destrians, one of whom dind an um
brella raised. To avoid u collision, shu
stepped with one foot off the flan; walk
nnd collided with the fly-wheel. Sho
felt across tho wheel, stilklng on liui
face and left side, sustaining a laigo
gash over her left eye and a badly
bruised side. Tho blow on tno side,
sht claimed, caused Internal Injuries
of n permanent nature, and tho blow
on tho head caused blindness In one
of her eyes and affected the already
defective sight of tho other. In which
a cataract had commenced to form.
WAS TIinitE FOIt MONTHS.
She produced witnesses who testi
fied that the fly-wheel had been lying
for three months In the position It
was In on the date of tho accident, and
:v numbnr ot reputable physicians
went on tho stand and told that Miss
Dttllii) was an almost complete physi
cal wreck; that she was slowly but
surely becoming totally blind, nnd
that all this. In their opinion, was tins
result of the Injuries she sustained by
falling over the fly-wheel.
Tho city'.-; defense was that the fly
wheel was on private piopeity the
ten-foot reset vatlon that It was test
ing on end "up against the fence until
the day of the accident, and th'it MNs
Duflln's present physical condition Is
not due to any injuries she received n'i
it testilt of tho fall.
Physicians called by the defense tes
tified that Miss Uullln was sufCeilng
from various peinianent atlllctlons be
fore the date of tho accident, nnd Dr.
K. C!. Uoos, vho attended hei fur the
Injuries uhe sustained, declared that
her only hurt was u slight tut above
the eye nnd that It could not. In rea
son, have jcHiilted In tho inndllions
Miss Ditflln now blaiv;i the Hty for.
A featute of the case Is that the suit
was practically dropped at one time.
Miss Dttflln engaged Cornelius Smith
to act for her when she first Insti
tuted tho suit, in 1S04, and when he
was disbaned she allowctl the ense
to rest. Recently, however, sho in
terested ex-Dlstrlct Attorney A. T.
Martin, of "Wllkes-Darre, in her claim
nnd he, with Attorney D. C. New
comb, vigorously prosecuted It. Miss
PufTln was at one time n member ,
Colonel Martin's household, and on
this account ho was especially Inter
ested In her behalf,
ASKS A NF.W TRIAL.
C'ltv Solicitor "osburg propes . to
ask for a new trial on the ground that
the verdict was excessive, and that
new evidence has been ellsceiveied ie
g.trdlng Miss Dullln's physical condi
tion before the accident.
Judge Archbald yesterday tt led the
ejectment suit of the executors of tho
Price, I'nncoast and Throop estates
ngalust the Uonla Class PIpj and Con
duit company. A two and one-o,uarter
acre trait of land in Tluoop, with tho
Improvements which the Hcnta. com
pany oi'ictfil thereon, is tho jnoperty
in iiuesllon.
Nov. '., IVi", an ugi cement wa en
tered into by tho Lite Dr. Hi-njamlu
11. Throop .mil J. W. llont.a for the
tianffer to the Rontn company of tho
land In question. In r-oiudderittlnn of
th j ttanfer to Tluoop of one hundred
shares of the stock of the Unntn com
pany. It was fin titer piovldid that
tho land was to be used as a site for
a glass pipe factory, and that If tln
factory was not in full ami complete
operation within a year the land and
all Its Improvements should recert to
the party making the giant.
The laud was owned jointly by (he
Price and Panconst estates and Dr.
Throop, but Dr. Throop slgiu-d for u!l
thiee. At the outset of the trial.
Juilgi! Atelibald directeel that a verdict
against the defendant bo entered for
two-thirds, of the land, as Dr. Throop
had no power to sign away the Prim
and Paneoast intoiestr.
THAT AGHI3KMHNT.
As to tho remaining thlid, the suit
rcsitfcd. the Judge said, on whither or
not the agreement between Thnnp
und rionta had been carried out. The
plaintiff showed that several years
passed by without the workh being
completed and that oven up to the
present day they have not been oper
ated, further than to cast twenty-Ilv
pieces of glass pipe, In making tests,
and discovering that the Routu inven
tions were no good.
Tho defense claimed that the fat
toiy was completed and operated, uttd
thai the stock was made ovr to Dr.
Tluoop. which fulfilled .ill iho 10
oulrements of tho contract. The ..c
fensn admitted thnt the tnctcry was
not operated for any great length of
lime and that it is nnv prtcllcully
abandoned.
The eas was given lo the uiy nt
4 n'clo.'k, with Instructions to brlii the
verdict in this morning. Wlllard,
Warren fc Knopp represented tho
plaintiffs. Vosbuig & Dawnt.n were
attorneys for the defense.
In tho c:,K- of Laum! Mayer
ngatnst John Unmet, u vetdlct for tho
plaintiff In the sum of $50 was entered
by agrenment. Attorney Ralph Levy
appeared for the pl.ilntlft ind Atloi
ney D, W. Shurtleff r.nv th dorend
nut. In tho Reglster'3 Office.
The will of John Cooper, lalo of
Scranton, was probated yesterday, nud
letters testamentary were grunted to
Kllrabcth Cooper.
LUtois testamentary wero granted
to Maile Grlllln, in tho estate ot Ber
nard Grlflln, Into of Old Forge, nnd
to Pauline Munrch, In the cstato of
Cntheilne Hoffman, Into of Scranton,
t.ctttn's of administration were
gt anted to Antonio Vtllarro In the cs
tnto of James Vlllarro, late of Old
Kotgc
Two' Divorces Are Granted,
Judge John P. Kelly yesterday
granted divorces to 1211a V, Kresge, of
Dunmore, and W. K. Robinson, ot
Cirbondalc,
Mis. Kresge, whoso maiden namo
was Shlppoy, was married to Charles
Kresge, nt Lo Grange, Wyoming
county, by Rev. W. W. Rhodes, Juno
17, 1S7C. They catno to reside In Dun
moio and lived together for eighteen
years. Six yeats ngo Inst May ho de
serted her and she has received no sup
port from him since.
Mr. Robinson secured n divorce from
his wife, Jcsslo L. Robinson, on tho
ground of desertion. Tlvy were mur
tled Nov. :o, ISO", in Vilkes-Rarre.
They took up their residence on
Hreaker street, GreeU Ridge, with tho
husband's parents, but after nlno
montli3 she left him and went to llvo
with her parents, In Dreck court. Ho
tiled to persuade her to come back to
him, but she would not. Ho knows of
no reason, ho says, why sho should
have left him. Attorney T,. P. Wode
mun represented Mrs. Ktesge, and ho
and Attorney W. D. Davis represented
Mr. Robinson.
H. W. Penny yesterday began pro
ceedings In divorce against his wife,
Sarah Penny. He alleges that she de
serted him and thnt she was other
wise unfaithful. They were married
July SI. 1SSI, and lived together until
May 17, 1SH8. Joseph F. Gllroy Is at
torney for the llbellant.
Yesterday's Marriage Licenses.
Antci'l l.ntiiMI; Olyphant
Jiri'M (iainolM Olyphant
.tohu l)iinlea.v COS 1'cllrra-s siree'..
Oi-ie l'mnili 11 Dlcein xtreet
I'elr, Migii' 1'iiieburi;
M.iry Viiebltl: I'rlee'nii?
l.ulr I,. Miller CiK'lU
llnhl.i M. (apnell 11:9 North Main aveuus
(iv. ilyin S. 1)JH Pi lccluir
lllrr.liilh Mn.illo-i I'ricclmrs
William II. Stephens Cuhondale
r.llnnir A, 'V.ird Wtille, OUcgo county
Mill Ku..rs Throoii
Ituzall.i Iloiuith TliroO)!
COURT HOUSE NEWS NOTES.
Iho ra-i of Schwait, Schll7er k Co. ap.ilrut
II. ('. Illnmin vn jmtirdjy ordered disclnrn'il.
Vw. Kate C. Purl, of thb) elty, petitioned
ji'u'id. y that couit would penult her husband,
1'iank 11. Hurt, to adopt her ll-year-old daugh.
trr i.na Stadc. A rule mes granted to show
iitii-r why (lie ailoptlon i-hould not be per
uiiitid.sjt'tiirnible nt argument court. Voburj;
k ltawnn ate alloinejj for tho pitllioner. V
Miullir rule a mido in the matter of the
addition of Iteth Marion llrenner, the three
iupIm'M daughter ot Ida Ilirnncr. of Wilkes
llarre. ho l.'d I,. l,oney wants to adpt.
MINE WORKERS'
CONVENTION
The Sessions Closed at 5 O'clock
Yesterday No Changes in the
Snlnrios.
llv i:iluiip Woe fiem flic Asiou.itcd Pie.
Indianapolis, Jan. 30. Tho national
I'onvention or tho United Mine Work
ers of America, which has been In ses
sion since January 21, came lo a close
at fi o'clock this afternoon. Today was
devoted to revising the constitution
und several changes wero made. It had
been expected that a fight would re
sult over some of the changes rocom
mendcel, but nothing of the kind oc
e unvd. and the report of the commit
tee on constitution went through ul
inost without n hitch. A lesolutlon to
Increase the exexutlve committee from
eight to ten members was voted down,
as was a motion to Introduce tho ref
erendum system in tho election of ofll
eeis. No ihanges wero made in the sal
aiJfH of the olllceis or general com
mitteemen, and the system of collect
ing elims will icmalii tho same. Tho
seeretiiiy-treasurer was given power to
enfoiee the payment of assessments.
It was decided te next year enforce the
niles forbidding unions whose dues aro
not paid up to have delegates at a con
vention. The convention concurred In
a tccoinmendutlon of tho connnltteo
that a miner must be a member of the
organization three months beforo be
ing given a transfer card.
The woik of absorbing the engineers,
firemen, blacksmiths and other auxil
iary trades was completed by the adop
tion of a resolution allowing members
of those trades to lo organized Into
separate union.
PADDY DONOVAN ACQUITTED.
The Jury Out but n Few Minutes on
the Case.
llj I.mIiikIw Win' from 1h Assc, iatnl 'res.
Kuston, Jan. SO. Paddy Donovan, tho
Philadelphia pugilist, who has been on
trial for several days at lielvldere. N.
.1.. on the chaigo of manslaughter. In
(, fusing Hie death of Prank Welch,
another Philadelphia pugilist, during
nu exhibition nt Phllllpsburg, N, .!., on
New Year's eve, was acquitted today.
Tim Jury was out but a short time.
Plislcians durlft? the trial testified
to Uniting u clot of blood at the base of
AVelch's brain, anil said that his death,
which resulted several days after the
light, was duo to that cause. The tie
fensu introduced evidence in the shape
of two boxeis, who guo a reproduc
tion in court of tho light, to show that
no heavy blows had been struck elurlng
the encounter and that A clou's death
was due entirely to collapse.
Later In the day, Donovan and a
number of others wero tried jointly
for aiding and abetting a prize tight,
nnd alt were ncrjtiittcd.
WINTERSTEEN WEAKENED.
Unconcerned During His Trial, but
Wept When Sentence Was Pro
nounced. r.y Cxilusite Wire (run The -ojUted l'rcis.
Ili'0irliui7, dm. . -Judiji' Little todiy s-n.
tened ll'd Vlnlcuu n, ef Panllle, who MM
lomlilril last we'f of voluntary manslaughter
In tho kllllii: of Jim tin l. I'Mur, tuperlntendint
of the Giotu fartm and his foumr employer near
Danville, en SpteniWf 12, l'J"0, to elein ,ver
and nlr.ei months' solitary confinement at lurd
labor In the Hastein penitentiary.
Wlnterstcen's cilmc was the outconia of a da
lied if I'Uher and Iho eleid was committed atbr
a prolonged ihUucli. Throughout the trial ho
ws opi aienlly unconcerned, but when sententu
was pronounced hi brolve down nd wept pilj'
ouly,
Governor of Natal,
fly Cxclushn Wire from lie Auociated Vim.
f.oudon, Jan. ). sir Cavendish lioyle, If. C.
M, ll. fifoiemineiu secretary of IlrltUh flulans
tlni-o 1MO, ha been appoiuiol ((overnor of !w
'i uiidland, nW eoilins sir Henry Kdveard Jle
Cillur.t, reeently upiwlntcd yoernor of Natal.
OPINIONS BY
JUDGE KELLY
SUSTAINS NON-SUIT IN
STOCKER CASE.
THE
Defendants Should Have Had the
Full Sls:ty Days the Law Allows,
In Which He Might Have Done the
Work Which the Borough Did for
Hint and Then Attempted to
Charge. Against His Property.
Decision Regarding Fees for Serv
ing a Process New Tiial Refused.
Judge John P. Kelly yesteiday hand
ed down three onlnlons. Ono vnn In
tho case of tho Uorough of Jcrmyn
against J. D. Stocker, In which Judge
Kelly noivsulted the plaintiff In its
effort to enforce the collection ot an
assessment for laying sidewalks.
The borough nuthoiltlos did not nl
low Mr. Stocker the prescribed sixty
days In which to do tho work himself,
and a non-suit was granted. Tho opin
ion In full follows:
This ll an aitlon of vlrc faeias sud inuiilelp.il
lien to icioicr tor the tol of Uelnsr a curb
and sidewalk In fionl of the defendant's prop
erty In tho borough et Jernin. Tho lien was
tiled In puMuinie of the provision of an onll
nuiefl picil by the boro'iirh authotlllcs on tho
Sth elay of -Inly, UCC. Section 2 nf tho ordinance
proeldei for ine general BudliiK of the side,
walk to ho laid on ceitiln mrerti of the bor
oukIi, and also provides I hat In cceptlonal eases
when tho seneratly cltablihad grade will caue
material dainaue to property ith street t-one
mi-sloner and surveyor shall etabllth a rprrlal
Kiade that will conform a neaily as poslblc
to the regularly utablishcd grade and submit
tui'h special grade to the council for approul.
The oidinanea also provldei that tho property
owners should uc Mxty di.es after the ordi
nance goes Into ctlect to lay the sidewalk and
set tho curbing, and that at the eiplratlon of
such lime tho borough shilt lay mieh side
walk and set such cuiblnu as nhall not hac
boeii laid and set. and the co,t of the same
with twenty per eent. penalty shall bo collected
fiom the propel ty owner in manner provided by
law. Tho defend int hid notice of the fact that
a pioposltlon was pending before councils to
lay n sidewalk, etc, and tint the proposition
would bo acted upon by council at a meeting; to
be held on .Inly 8. I'll). The elefcndant uas pres
ent at the meeting when the ordinance was
pi'scd and he had knowledge of its pas-eigc.
IIKS-OM'TIOV PASSM'I).
At the Mine meeting a resolution was paiev
that the tieet committee rieet Jlr. blocker,
the defendant, and confer with him as to tho
grade tor sleknalk in front of hit property and
rrpoit at the nest meeting. The committee call
ed upon tho defendant to confer with him with
rcgaid to the mitter, but tiu gradu was agreed
upon. The defendant. Intoimed the committee
that he would not lay tho vhlenalk until he
B'it dimaacs tor his other propeity, in front
ot which some grading had been pret!ou!y done,
or until he got a grade and got damnges for
inhiry to his other pioperty. The committee
told hlin they would teport the matter to the
coumtl. They did not, however, report to coun
cil until the Kth of October, WA, und no grade
wm. adopted until tint time. No notiee was
given to tho elefcndant ol Iho adoption ot the
grade at that time, and the borough authorities
Immediately proceeded to tvnde and liy the
flilcw.ilk without any nutice In 'he defendant to
do to.
There is no ilouht but that the borough had
power to mpiire the pioperty owneis to lay
sidewalks, cte., and to eollrct the cot of
such improvement Hon them in cae of default
and the perfoimaiier of Hie work b.v the boiough
authorities. ct 3rd April, lejl, Motion 2, P. I..
Ji'.V. Hut there can be no recovery for the e.
penditure made by the borouuli unlex. theie U
a demmd and tefusal on the rart of the prop
city owner. Notiee must be given to lay the
sidewalk, and that in eae of neglect or re
fual tho borough v-ill do hi and collect the
cost thereof. Mount Pleasant borough vs. Rail
road Co,, 11o Pa. 3'ij.
hi: hap xoncK.
As ve hive pild, the defendant had notice
of the passage of the ordinance icnulrlnrjr the
laying of the slelmvalk within shty dajs from
tho time it went Into etfect, but the evidenec
hows that 3 peclal giade was required in Jlr.
Stocker'" cae, and the council recognized tills
when they cliicclcd the treet committee to
confer with him a to the grade. He coull
not eonipl with the lequlrcments of the ordi
nance until the grade was established, and ns
a mittci ol f.ut there was n time given him
to comply alter the grade v.as tled. It would
seem tint he hould lnve Ihe full slsly ilavs
after the establishing of the grade in which
to lay the walk, but al any late it la clear
that he should at lcavt have a reasonable op
portunity of li.vlng it himself be lore the bin
ough would be justified In eloing io and col
lecting tlie cot from him.
There arc aUo other gmundi upon wlilih the
real Milt would have tn be sustained, and it
fe-ms to u that tho want of notice is fital to
the pltlntin's case, and tint u dleeu-slon of
the other imestlnns is unnecessary.
And now, Januiry SO, Iffll, the rule to show
cau-e wh the non-rult should not be taken off
Is discharged.
Ill the case of V. &. Ryan against II.
i, Jadwln, in which an appeal hail
been taken from the retaxatlon ot
costs bj' the prothonotury, Judge Kel
ly instanced the contention of Attor
ney J. rdllutt Itoss, of counsel for
the plaintiff, that a party making sc
'lce of n piocess Is entitled to the
same fees If the service Is accepted as
if lie hail to prove service by proper
return.
Tho rule for a new trial In tho rme
nf M. J. Ruddy against William Repp
was discharged.
Steam Heating nnd Plumbing.
P. & M. T. Howley.231 'WyomlnB ave.
r.
i. U il. -l4 ol .1. ) elv - vl
A SPECIAL OFFER
4
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The
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eAl
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316 Washington avenue, sckanton, pa. .'
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J tfs l l- - f ty l l X tJ ?'
MYYiW
f&ia you bee
Those Miniatures?
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CVuxv&VteW
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Gold Crowns $3
Gold Fillings $1
Bridge Work &) $3
Set of Teeth $5
All work guaranteed for 10 years. Call and
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Satisfaction or no pay.
TEETH
(VMVMVXrt?VVV!J'ii'VVM
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BITTENBENDER
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JC5s!iS0xiuM3;A5
r
Wiiliams' Basement
Almost the entire area of the Basement
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articles for Housekeeping use.
hven the exclusive houseftirnishings
stores can command no such assortment as
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Full Sued Jardinieres, with
lanry stands to match, Twenty
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Where else for so little?
J.D. WILLIAMS &BR0.
312-314 LACKAWANNA AVE.
DECLINED THE CASE.
Lincoln Didn't Want to Handle any
Crooked Law-suits.
General John II. Llttleflclel, who
studied law with Abraham Lincoln,
wrltcH Ills recollections of his great
mentor in tho February Sui-ces.-'. lie
tells this attractive bit ot anecdote:
All clients knew mat, with "Old
Abo" as their luvor. they would win
their cane, if It wuh fair; if not, that
it was a wvvbIo of" time to tiike It to
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day to a wmtld-bp client's statement,
with lilfi ecs nil the lelllnu. lie swum;
suddenly lonnd In his chair and ex
claimed: "Well, you litiMJ ix pretty wood case
hi technical law. but a pretty bad one
In equity and Juntice. You'll have to
get sumo other fid low to win this cnso
for you. I couldn't do It. All the time
while standing talking to thnt Jury, I'd
be thinking. 'Lincoln, you're a liar,'
anil I believe I should forget myself
and say It out loud."
,U el ?. fjr- ! U rl .-!
!!
-BY-
15
'i
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rVk 131 Wyomlinc Avcnntj
J Walk In and Look Around. "S
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We tnslei" a specialty of fine Ciovrn and
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work absolutely Painless.
Dr, ReyerTDentist
SU Spruce St., Opp. Court House.
CO.,
126 and
Franklin
Diamonds!
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Still harping on our old subject,
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prove it.
us and we'll
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317 Lackawanna Ave.
Will toon lie li'ie Now ll the time, to tika
aelvnUce '( our bargaliu In
WINTER UNDERWEAR
Come ami ieml a few mlnuttj In leoleln
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412 Spruce Street.
v4ma jynr-jr, J
128 g
Ave. 5J
?
I
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