The Scranton tribune. (Scranton, Pa.) 1891-1910, July 17, 1901, Page 3, Image 3

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THE ,SCRANTON TRIBUNE-WEDNESDAY, JULY 17, 1901'.
Matchless Light
and Breezy Fans
This ts the time of the year to take
advnntHse of both.
The rate for oU'cttlo ncrvlce will en
able nil to endure hot went her In per
fect comfort sea breezea lit home.
Suburban Electric Light Co
509 Linden Street.
8CRANT0N CORRESPONDENCE SCHOOLS,
SCRANION. IA.
T. J. Fciter, President. Klmer II. Lin ill, Trras.
It. J. l'eter, Stanley 1". Allen,
Vice resident. Secretary.
'
- -i-rrr-rr rnmno
CITY NOTES
.
wi:pm:n nv maciistratk vii.i.Mi.-tisttisu
LoJa and Miss Vincenro irai, both cl this city,
were yesterday m-irrled by Magistrate .Millar.
IUSKLT Pirxir The Volunteer trl'jnn and
Adams Atenuc ihspel, branch of t'i Second
Presbyterian church, held a tiitkct plmlc .vester
day at Nay Auj; park.
norron vi:ntn.i. ir. o piiiihp saver,
whn gate hi address as Benton township, was
yesterday married to Jlis Harriet IMewn by
Alderman Ruddy.
i
MKCTINfl TOVKilll'. n Impmtant ineellne
of the onjies 1 1 ion nh Ohejcd will he held
this evening tl n'lk in the vestry room on
Linden stlicl Ml member arc uigently re
rmestid to he pictnt.
POLITICAL MATTERS.
Dr. J. (. Hateson, who lives In Green
Rltltje, Dunmuie, and has an nUlrc In
the central part of the city, Is talked
of as a candidate for county toioner,
subject to the Republican primal les.
The doctor Is esteemed by all who
know him and hns the reputation In
Scranton. anil throughout Lackawanna
county, of being a reputable physician
nnd progressive citizen. He Is n mem
ber of the Lackawanna County Medical
Association, and l much Interested In
the study of cilmlnology, toxicology
nnd Forensic medicine, a knowledge
of which Is of vital Importance to a
coroner. Dr. Hateson Is a native of
the state of Iowa, and some twenty
odd yea is ago came to Wayne county,
this state, where he mairled, and
practiced his ptnfosMun for a time,
nnd then moved to this county, where
he has resided during the pas-t twelve
years.
The term of Col. K. H nipple as
pOMtmrifter of Scranton haing expired
he has been leappolnted by Picsldcnt
McKlnley for another term of four
years. During the four yea is that
Col Ripple has been postmaster of
Srtanton the business of the otllcc has
grown enormously and the lacllltles for
handling and dellveiing mall have
been greatly inn eased. The office Is
now one of gieat Importance.
The Demociatlc standing committee
of the Third Legislative district met,
yesterday, at Coyne's hotel In Mlimoka
nnd authorized the chahman and sec
jetaiy to rlx the date foi the primaries
nnd convention to elect delegates to the
state convention,
John Sllvlnskl has been appointed
postmaster at Prlcebuig.
LIEUTENANT BOURKE, NOW.
Lawyor-Soldier Appointed to Suc
ceed W. E. Ounster.
Colonel L. A. Wat res yesteiday an
nounced the appointment of Battalion
Sergeant Klchaid J. Rourko its bat
talion adjutant of the lirst battalion,
with the rank of lieutenant, to suc
ceed Lieutenant W. K. Ounster, le
fclgned. Lieutenant Hourke went out as a
pilvate with the Thirteenth In the
Spanish-American war and came home
with the lank of sergeant. t'pon le
cnterlng the Thirteenth he was made
battalion s-eigeant major. He is a
thoiough soldier and his appointment
vlll be found to be a very popular one
with the men of the regiment, by
whom he Is held In high legaul.
The vacancy in the position of bat
talion sergeant major will likely bs
tilled today.
TO PRPARE THE CAMP.
Advance Detail Will Leavo at Nino
O'clock Tonight.
The advance detail of the Thirteenth
regiment, under command of Cap.
tain J M". Kambcck. senior line offi
cer, will leave for Mt. Oretna at ft
o'clock, tonight. The assembly will be
bounded at the armory nt S o'clock.
The detail will consist of eighty men.
Captain Frank M. Vnndllng. qu.nter
master nnd Commlsary Sergeant l-'ied.
SI. Koehlcrwlll accompany them.
LACE COMPANY MEETING.
Former Officers and Directors Were
All Re-elected.
The annual meeting of tho stock-
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DE.YLEIIS t.
Bonds
and
Investment
Securities
to ProadVay, N. V.
Wllkei-Barre. farhonrtale.
1 8-4 Commonwealth btd'?, Saanton, Pa.
v
tafetotofcatMtafctatatofcfcMMtaMM
holders of the Scrnnton Lace Curtain
Manufacturing company was held yes
terday afternoon.
All the former ofTlcers were re-elected
ns follows: President! J. Ben..
Dlmmlck; vice president, Henry Nelln,
Jr.: treasurer, Paul H. Hellni secretary
and peneial tnannRcr, H. V. Taylor;
directors, J. HcnJ. Wmmlck, Henry
Hclln, Jr., W. H. Taylor. William
C'relghton, C. S. Weston. 0. H. Welles,
John Simpson, T. H. Watklns, W. J.
Lewis.
WANTS TO LOCATE HERE.
Manufacturing Concern Aks What
Wo Have to Offor.
The following letters are self-ox-planatorj
:
Tlinktn Roller Bearing Axle Company.
New Yoik, llnton, Brooklyn, Philadelphia.
cwr York, July 15, 1001.
Secretary Hoard ol Trade, Scranton, Pa.
Drar-SIri It li our purpose to build t large
laclory somewhere in the slcel district lor the
imtpfMc o( manufacturing our roller hearing
axle. We hae already punhucrl the machin
ery and hope to get the factory In operation by
Nov. t. We vtrllc to ak whether or not jou arc
offering any inducements lit factories to locate
in your city, and, II so, whit these Inducements
are.
Ilopinc to receive a reply horn you at your
earliest convenience, we are,
Verj truly jours,
Tiinken Holler Hearing Axle Company.
1. M. Picstnn, Oenerat hastern Manager,
hi ronton Board o( 'I'ride, Secretary's Office.
Stranlon, Pa., July lfi, 1001.
Ilmken Holler Bearing Axle Company, 176''
llrnadwiy, X. V.
t.entlemen: llepli Inn to jour lavor o( the 1,'tlt
hut., Scranton offers many nttur.il Hdtantages
to manufacturer. Among them Is cheap fuel,
unurpaved shipping hcllltlcs and an abundance
of labor. In addition to thee we can ofler von
a file on the line of one or more railroads, ex
emption from local tnxttlon for a period ol ten
j ear. We iln not offer a cash bonm or auh
f ripllon to the loek of the concern; there is,
iiottoter, abundinte of money here seeking a
ptufltible imestment, whicti mlsht be Induced
to look faxor.iblt- upon jour proposition.
I would be pletsed to hear further from you.
I can protnNe jou the hearty mpport of the
board ol trade In helping; along the enterprise.
rieie stale the amount of land jou require,
manlier of bands jou will employ and amount of
annual paj'-ioll. ours truly,
D. II. Alherton, Scctctary.
WILD FLIGHT OP ENGINE
Wrecked Itself and Two Other En-
ginos Before It Was Brought
to a Stop.
The Sterrlck Creek colliery at Peck
vllle will be Idle for several days on
account of one of their small mine
engines getting on a rampage and run
ning away, wrecking Itself and two
other engines with which It collided In
its wild lllght.
The engine was standing at the
breaker at about 6 o'llock yesterday
morning. Steam was up but there
was no one on the engine at the time.
Suddenly It stalled and was soon
running at a rapid rate. The en
gine ran about a quarter of a mile
and then enteied the mines. About a
mile fiom the entrance another engine
was standing. The two engines came
together with a crash, badly damaging
both.
In some manner, the reverse lever
became released by the collision
and the runaway engine, which was
not derailed, began at once to back up
and ran to the bieaker ngaln, collid
ing with another engine, which was
also disabled. The runaway was de
railed nnd employes, who were trying
to catch the engine during Its wild
tllght, wore able to shut off the steam.
HAD A SEVERE STORM.
Lightning and Wind Cause Dam
age at Hallstoad and
Groat Bond.
Hnllstead and Ore.it nend weie vis
Ited by a seveie thunder, lightning and
wind stotm yesterday afternoon.
Three houses In Oreat Bend and tho
chamois tannery weie damaged by
lightning, the roof of tho Lackawanna
depot in iiaiisteaa was rippoa ity a
bolt, tiees were blown down by the
wind and a number of persons were
slightly Injured,
STEAM PIPE BURST.
Disabled a Delaware and Hudson
Engine at Feckvillo.
At about 4:30 o'clock yesterday after
noon, Delaware nnd Hudc-on engine
.1J5, attached to a train of coal cars
created no little excitement Just south
of the I'eckvllle station. Before tho
train reached the station, thcie was
a leriort as If a small explosion had
taken place. In an Instant, the cnglnejj'ase will In all likelihood go to the
was enveloped In steam and flames.
Engineer John Sullivan and KIreman
William roster Jumped
being binned or scalded
Engineer Sullivan. a
steam pipes bust In
and escaped
soon ns tho
the forward
part of the engine, shut off
and applied the air brakes.
steam
The
steam was foiccd Into the fire box,
which blew the flames In every direc
tion. Atone time the flames entirely
enveloped tho cab. The fires were ex
tinguished and the steam was soon ex
hausted f i oin the boiler. Another en
gine was sent fiom Carbondalo nnd
took the disabled engine and train
U that city.
DIXON WANTS DAMAGES.
Says the City Has Injured Him by a
Change of Grado.
Theie was a hearing In tho city so-
llcltor's olllce yesterday before Referee
C. B. Little, In the case of Patrick
Dixon, of lilooin avenue, against tho
city.
The plaintiff was tho only witness
examined yestetday. Ho claims that
his piopeity has been greatly damaged
and the health of his wife permanently
Injured by the action of the city In
changing the grade of Bloom avenue,
which allowed a huge quantity of sur
face water to lodge nt his property.
The Interests of the plaintiff aro
looked after by A'osburg & Dawson.
George AA'. Benedict nnd B. F. Tlnk
ham, City Solicitor AVutson appeared
for the city.
ENGINE AND CARS WRECKED
Collision in the Lackawanna Yard
at Boonton.
Tialn No. 7 on tho Lackawanna road,
scheduled to arrive hero at 11.30 last
night, was delayed thrco hours by a
wieck In tho Boonton yard.
A wildcat backing Into tho yard was
derailed and crashed Into Engine 131'.
Tho engine was overturned and four
cars of the wildcat wrecked. No one
was Injured.
Both tracks were blocked nnd No.
7, which was Just entering Boonton,
had to go back to Hoboken and come
around by way of thu old track,
IN FAVOR OF
DEAN HEIRS
A $125,000 SUIT DECIDED BY
JUDOE EDWARDS.
It Has Boon Boforo the Courts for
Thirteen Tears, and Sovoral of Its
Late'ral Issues Havo Boon to tho
Bupromo- Court Transactions In
volved in the Suit Cover a Poriod
of Thirty Years Property in Dis
pute Is Part of the Griffin Tract.
Othor Court Matters.
In an elaborate opinion, filed yester
day morning, President .ludgo II. M.
Kdwardfl decides In favor of tho
plaintiffs In the famous $125,000 equity
suit of A. D. Ocan, trustee et al.
against n. M. Wlntnn et nl.
The opinion covers fourty-four type
wrlten pages and, as may be Judged,
represents many hours of laborious ef
fort, dealing as It does with a seeming
ly unending sejicei of complications and
Involving every knotty question that
arises In the law of trusteeship.
The parties to the suit are hells' of
several of the oldest families of this
region. The plaintiff Is the tiustee for
the holra of p. S. Dean, and represents
the Interest In the trust estate which
at first vested In Isaac Dean. Two
of the original defendants, V. V. Win
ton and his wife, Catherine "Wlnton
nro now dead. Tho estate of the former
Is repiesentcd by 11. M. Wlnton ad
ministrator, and the estate of of tho
latter by It. M. Wlnton nnd Walter
W. Wlnton, sin vhing cxecutom. The
other defendants aie the Wlnton Coal
company, which leased the property In
dlsp,ute! the Delaware, Lackawanna
& Western Railroad company, and tho
IClk Hill Coal and Iron compnny which
aie mining coal from tho larger portion
of the tract and paying royalties theic
on. The propci ty Is known as tho P. C.
Orlflln tract, contains about fifty acres,
and Is located mainly in tho Second
ward, of this city, near tho old Tripp
homestead.-
It was purchased In 1871, thiity years
ago, for $96,000. A fourth Inlet est in
It Is now held at about $100,000. The
present suit Involves a fourth Interest
nnd a claim on another fourth.
FURHCASEn BY WINTON. .
Tho purchase in 1871, was made by
A. H. Wlnton from 10. S. Osborne,
trustee, nnd four days later, the pur
chaser com eyed It to his father, W.
W. Wlnton. 'The latter, with Isaac
Dean, Joseph Church and Thomas
Llvey, paid the puichase money. Wln
ton took title and later gives the
other three, declarations of tiust.
Wlnton undertook the management
of the property, leae-lng tho coal and
selling the surface. In 1877 he bought
out the Church one-fourth lnteicst at
sheriff's sale. Dean had loaned money
to Church and held a claim against
the Church Intercut.
The Church heirs went Into court,
some years ago with a claim that Wln
ton bought In the Church quaiter as
trustee for Church and not for him
self. They held that AVInton was for
bidden to buy the property for him
self by the law which declares that
ho trustee shall be permitted to pioflt
by his trust. The Supicme court, last
year, decided that Inasmuch as nearly
twenty years had elapsed fiom the lime
of the sheilff's sale to the bringing of
tho suit, the plaintiffs were guilty of
laches, not having used due diligence
In the prosecution of their claim, nnd
consequently not entitled to iccover.
The supreme court however did not
touch upon the question of Dean's ln
teicst In the- Church estate, and .ludgo
Kduards was called upon to deal with
It In this case. He decides that the
Dean hclln have a good claim on tho
Chinch one-fourth.
DKAX CLAIM IS OOOD.
In 1S77, Catheilne AVInton buys nt
sheriff's sale, her husbands one-fourth,
and the Church one-fourth, which her
husband had purchased at the other
sheilff's sale. Judge Edwards declares
that while she (secured the Church one
fourth free from the claim of the
Church heirs, the Dean claim on the
Church one-fourth Is still impressed
upon It, although It has passed to this
other party, Catherine AVInton, and
t-he or her executors must account for
the pioceods fiom tho Church estate
to the extent of the Dean claim against
that one-fourth, ns well as for tho Dean
one-fourth for which her predecessor
was trustee.
The Judge only makes an Intel locu
tary decree, as to who shall account.
The accounting Is to be had later. The
stipicmo court, and If tho decision Is
not disturbed the accounting between
the parties will bo made by the couit
or a master, according to tho findings
of Judge Edwnrds. It may be years
yet before the cabo Is finally disposed
of.
The opinion l wiltten with nn eye
to the convenience of those who will
have to mako excessive use of it. Each
phnse of tho case Is treated under a
separate heading and the various ranil
llcatlons being each accoided a sub
heading. In his Introduction Judge Edwards
says: "Soino of tho mnttois Involved
In this case havo been before our
courts, In ono form or another for
seveial years. The case Itself was In
stituted over thirteen years ago, and
the transactions covered by the evid
ence extend over a period of thirty
years. The parties themselves aio to
blame for the delay. Tho case should
have been pressed to a final hearing
dining the lifetime of the persons most
Immediately concerned In tho Issues.
This would havo saved much trouble
nnd would havo avoided several com
plications. But It Is my duty to take
the record ns It Is now before me,
made up of the pleadings and the
evidence, and dispose of the questions
In dispute. As to the nnture of the
bill, It Is sufficient to state that It
seeks to compel an accounting for tho
proceeds of trust property."
After reviewing tho history of the
case and answering tho leque.sts for
findings of fact, the Judge proceeds In
to the following discussion stating the
proposition of law first and following
It with his conclusions:
1, W. W, Wlnton was a trustee for Isaac
pfan tindtr the rlnlaratlon of trust ol May 1,
172. Winion'i Iceal rrprtsfnlatlte Is tiouncl In
A Pleasurable Duty.
Possibly you have need of a
bank. If so, it becomes our
pleasurable duty to invite you
to this Bank.
The People's Bank.
law to account to the plaintiff for the T)ran
liare of the fromils of the tritdt propfrty which
ame Into the hands of Wlnton.
Cuunsrl on lioth ol'tfs hate dlscussnl at length
the question of resulting trtwt arising from
the pajment of one-fourth of the punhise
money tiy Isaac Dean at the time the property
was purchased. I do not consider this question
now of any Importance. The trust wai tedmed
to writing ami this Instrument is sufficient to
hold Wlnton to the fullest measure of rcspon
nihility as a Irmtre.
2. W. W. Wlnton held the one-fourth share
of Joseph Chiinh In trust, not only for Church,
but for the lieneflt of Isaac Pean and through
him, of the plaintiff, to the estent of the In
dealittdness of Churih lo Isaao Dean as act
forlh In the Chinch declaration of trust ol
Notemher 1, 1S7I, nnd the agreement between
Dean ami Winton of September 1, Wl, and a
like accounting Is due the plaintiff, ol the pro.
cecds of the Church quarter.
IMlcndant's: counsel strenuously object to any
finding which Imposes n trust on Wlnton i to
Mio I'hurrli Interest after the sheriff's site ol
September f. IS77, by tthlth Wlnton became the
owner of thla Interest. They il.iim lint this
Is fTprosly decided In the tae nt 'uiiclt s.
Wlnton, f Pa. 107, and that Wlntui held the
Church one-fourth clear of all trust, I do not
to understand this decision.
kmyxoti: ov nmsiov.
The kejnote lo this decision Is the Inexcus
able laches of Church and the Church heirs, but
this should not conclude the rights of Isaac
Dean and bis reprrnlatltes. Dean has not
been guilty of laches. The dechrallon of 1S71 to
Church was in part for the benefit ol Dein.
It Is so written In the Instrument. Again, the
claim of Dean on the Churih Interest Is ex
pressly rcLognlml and affirmed by Wlnton In the
agreement of September 12, 1177, between Dean
titid Wlnton an agreement inneirnlng the scry
fherlrTs sale by which Winton acquired the
Church Interest free, as la contended, from any
trust. I Inow of no reason why this agree
ment should not be considered as a supplement
ary trust writing touching the same property,
and biscd upon sufficient consideration. It was
so considered by Wlnton himself. Nor do I see
any inconsistent- in holding with the supreme
toiirt tint on lucount of lihes the Church
equity has been deslrojed and still hold that
Dean's equity should be prolectcd.
3. The account of the administration of the
tni't property by W. W. Winton In accord
nice with the first finding of liw- should cotcr
the period beginning with the purchase of the
property in 1S71, and ending with h! death,
to wit: December 30, lfi'jl. The account referred
to in the second llndlng of law should cover
a like period. The duly of staling this account
dcolvet primarily upon P. M. Wlnton, admin
istrator cum tesyimenlo annevo of W. W. Wln
ton. It will be neceasary for tho court through
it'etf, or a master, In a futthcr hearing of
this case lo take evidence fiom all sources from
ulilth such evidence may te obtained as to the
account mentioned, and as to other account
ings herein deirccd, so that the trmtactloni
between the parties miy be correctly ascertained
and stated.
It Is the duty of the personal representative
of a deceased trustee to account for his ancestors
Ililrd's Appeal. 3 W. k S. IJ9. While the title
to the land descends to the heir-at-law as a
general rule, the heir as such is not bound to ac
count, cjpeeiilly In a tiut of the character ol
the one now under consideration. I am sur
prised that no application was mule to the
court to appoint a successor to the trust after
Vinton's deitli. Tills may be done in Pennsyf.
vanii. A pontile explanitlon Is that the ccstiila
que trustcnt hate for some scars been receiving
their shire of the proiecils of the trust prop
erty directly instead of through a trustee or
other person of a rppreentatle ilnracler. There
is some ctidence to this effect. It would proh
ablv sated some (Amplications to hate had such
.i trustee appointed.
NOT A THUSTKi:.
I. Catherine Wlnton was not a trustee under
either of the declarations of trust, the one to
Isaac De.in, or the one to Joseph Church.
'Hie plaintiff claims tint beiause In the dee
lir.ttions of trust "W. V. Wlnton and Cath
erine, his wife, rlit hereby certify and declare
that they hold in trust the one
tinditided oiie-fnuith," the wife is therefore a
cotrustee with her husband. Cilherine Wlnton
bid no title whiteter to the trust property. In
the ak-tnee of cjjdcnce we might surmise that
it was thought necessary to hate her Join in
the declarations so as to bir her dower. But
this would only be a surmise, 'ihe mere ftit
of her joining her huslnnd In the exomtion of
the pipers is clearly insutllilint to make her a
trustee. There is no ctldenie that the had
an thing to do with the administralion ur
management of the trust property from 171
to 1P-7, a period of sixteen ear, oxicptlng
that she Joined her luishtnd in tho come.tance
of lots, wbleh is provided for In the declarations
and excepting the further fait tint in IKI she
became a member of tho Winton Coal Compiny,
Limited, owning the majority of the stock, to
whkh company a large part of the trut prop
erly was (onte.tnl in Issx Hating no estate
In the land and parllclpilinz in no way for
many jears. except as stated, in the control
of the property, she was not a co-trustee with
her hu-hind. Considerable stress Is laid by the
plaintiff upon the recital in the deed to Mary
Uross. in whli h sCatherlne Vinton describes her
self as "Mirtlting trustee." This deed was
mide in January, l'0j, less thin a month after
her husband's detth. I enrndder this recital a
trifling circumstance and miy hate been made
by the sirltmer as a mittcr of precaution.
Whiteter the reason was, the fact that she de.
scribed herself as a "mrtiting trustee" did
not make her one In law. The trust was created
bv a deed in 1171 (or Church, and in 1"2 for
Dean. Nothing ooeurrred until January, 1577 to
bring Catherine Winton into connection with the
trust. I therefore cannot flecteo an accounting
by C.ithoilue Winton through her legal repre-aeiilititr-
for the period covering the dates
July. IsTI, to Januarv, ls7. 'I hat he had
knowledge of the trust from the beginning
Is ieond question, but tint i.i another matter
to lie considcicd in the next finding of law.
liilCI!W:n AT HIKIIIt'K'S !m:.
5. Catherine Winton hating purchased the
Church tinditided one-fourth of the trust prop
erty at sherltl'a stle in January, 17, on an
dilution against her huband, he hating pur
chased it at .i sheriff's nlo In fccplcmbcr, 1577,
and the said Catherine Wlnton hating notice
and knowledge of the terms of the declaration
of trust of Notemher 1, 1!"J, in fator ol Church,
and more particularly ol Hie tenefleial interest
of Isiac Pean therein! and she further hating
collected ro.taltles from coal, a ptrt of whlih
belonged to the Church quirtrr and having sold
setertl 6urftco lots and hating collected the
purcine price, tne piainiiu li entitlecito an ac
counting for all mone received by her on tho
Church interest to the extent ol the Indibtcdiiess
of Joseph Churih to Isaac IK'.in, and a decree
should be made dliectlng the evecutois of
Catherine Wlnlon to aciount anordingly.
I hate no doubt that this finding of law Is
the ono most m rloiisl.c contioterted by the repre.
cntatltca of the Catherine Winton estate, be
cause it means tint tho Church tinditided fourth
of the trust property Is Impressed with a trust
in fator of the De.in claim until the Indebtedness
of Churih to Isaac Dean Is fully paid. The
position of tho defense Is that when W. W.
Winton bought the Church interest at sherifl'a
sale In September, 1S77, he tiought it clear, not
only of the Church equity, but of every otlur
equity, nnd that Catherine Winton In 18S7, like
wise acquired tho title unburdened wjih any
prior claim or trust. I cannot artlrm this con
tention. I hate already stated that Catherine
Winton was not a co-trustee with her husband
by reason of her Joining in the execution ol
tlm declarations ol trust to Church and Dean,
but that the acquired the Church interet In
JF57 with full knowledge of Dean'i claim can
not be successfully disputed. The express; terms
of the Church deelaratlon signed by Iter charge
her with inch knowledge, II there were nothing
else In the case, and the recital In the Orosi
deed made twenty-lour yean afterward, fuither
confirms this conclusion.
There li no difficulty with tho law on this
question. It Is well settled,
coNSTRUcrrivi: tiu'sth.
Writers on trusts hate divided and luh
ditldeil the tarlout klmU with tine nnd elabor
ate distinctions. The class known as construc
tive tiusta Is extensively discussed In the text
books. Ccntructltc trusts arise in different
ua, vU., font the wrongful appropriation or
conversion Into a different form of tho property
of another! Irom a conve.tanio or devise oh
taiiuit by fraud; Irom fraudulent repatriations
ol a purchiaer that bo Is purchasing for an
other! from keeping baik valuable information,
and from the acquisition of trutt property by
a purchaser with notice or . volunteer. The
trust In Catheilne Wlnton as lo the Churih
Inlire.t belongs lo the last mentioned class.
Let It be said here tint there Is no question
(Continued on Page 7.1
GLASS FELL
FROM WINDOW
INJURED SIRS. SILKMAN AND
HER SON.
Thoy Wero Looking in tho Window
of a Spruco Street Store When a
Fane of Olast Fell from a Window
in the Third Story Mrs. Silk-
man's Head Wat Protected by Hor
Hat Her Son Was Badly Cut on
Both Head and Hand.
A pane of rIhsp, 2IxS, after falllns
throe fltoilc.i, landed on the heads of
Mrs. Clinton Sllktuan and seven-year-old
non Bertram yesterday afternoon
knocking Mrs. Sllkman's hat fiom her
head and InlllctlnK a sash In the boy's
head and hand.
They wero comliiR down Spruce
street, and when opposite the Col,
Wat res liullfllnr; next to the County
hank, stopped to look Into the window
of the H.ihy Hazaar.
They were standing close together,
the boy leaning aglnst tho window
snail, nnil hnltllnir liln lint In til. ImnH
when tho wind, so It Is supposed, blew
tne Klass from the front lower sash of
the mlddlo window of the bay window
on the tlilid floor, In the apartments oc
cupied by Mrs. Vlckers.
Tho glass struck a ledge or some
other obstruction, It Is believer, before
striking Mrs. Sllkman and her boy,
for she says she heard a crash Just a
Inoment before she was struck. It
flashed upon her mind that It was fall
ing glass, and grabbing her boy at
tempted to get away from the build
ing. Ilcfore nho could make more
than a step tho glas showered down
upon them.
The piece which stiuck Mrs. Sllkman
on the head was likely a large one
as It tore her hat from her head al
though It was held by a pin.
A good sized piece, too, must have
struck tht boy on the head for It
cut nn Irregular three Inch gash
through to the skull. Tho cut ho le
celved on the hand was about two
Inches long. It was on the back of
the right hand at tho base of the
thumb.
The boy wan taken Into the Baby
Bazaar and the flow of blood checked
with towels and cold water. Dr. Mears
was summoned nnd after looking at
the cuts had the boy can led to his
office In the Connell building where he
dressed them.
ARE FOUR APPLICANTS.
Examination of Candidates for Mine
Inspector Begun.
The examination of applicants for
tho mine Inspectorships In tho First
and Second districts was begun yes
terday nfternoon In city hall.
Only four candidates presented them
selves. Kdwurd Roderick, the present
Inspector in the First district; Henry
O. I'rytherch, present Inspector In the
Second district: Jams L. Barr. miner,
of Throop, and Samuel D. Phillips,
foreman, of Taylor.
Only a few preliminary questions
were asked yesterday. These bore on
the qualifications ns to ago, citizenship
and practical experience. All answeret
these questions satisfactorily.
The examination as to competency
will begin this afternoon at 2.30 o'clock
and last several days.
The examining board consists of
John F. Snyder, of Scranton; James
E. Morrison, of Carbondale; James
Young, of Duiimnrc; Vaughn Rich
ards, of Prlceburg. and Alex. Riihland,
of Old Forge. Kmll Bonn Is the clerk
of the board.
CAPTAIN STOKES ELECTED.
Chosen Commander of Company 21
of the Ninth Regiment.
At a meeting of Company M, of the
Ninth regiment, held at West Pitts
ton last night, Fieemont Stokes, for
merly of this city, was elected cap
tain. Captain Stokes was for a time In
command of one of the companies or
the Thirteenth regiment and was
looked upon as one of its most efficient
officers. Ho resigned some months
ago, when It became necessary for him
to change his residence to Plttston, on
account of being transferred to nn Im
portant position theic with the Bu.ler
Mining company.
LIST OF ADVERTISED LETTERS.
I.lt of letters remaining uncalled for at the
bcranton postofnee, Lackawanna, county, Pa ,
July 17, 1'JOI. t'ersons calling for these letters
will fWate saj adtertised end give date ot lut.
K.i- II. nipple. Postmaster.
K. W. Allen, J. S. Arnold, D. K. Adam.
v It. llurKe, Dan PaKer (2), K. B. Archibald,
V. , Ilojle, lluihner Brothers.
Hiss fiertrudc Culter, Mrs. M. A. Cooper, Mrs.
I,. N. Cohen, Gcoikc Courtrlsht.
Mr. Uocble, Mis. I)c Hauler, Mr. Deslncer,
James Datis (prisoner), W. A. Dunlap (3), Sam
uel D-iison, u.lln Pecker, Miss Amu L. Davis,
Uv-n C. Havln, Miss Delphine Davis, II. Dctere,
Daniel Donotan (pack.ise), Mis. vAnna Dunning.
nam, James navltt, John Dunleavy.
Mis, John l.'ckcls.
Miss Ilessie I'ricnd (special). Will Fleming,
Mis- Marie t'lnnert), Bridget Klanning,
Mrs. (iiitiuclit, Mis. Jennie ("ioiton, James
Green, Miss Jennie firenncll, John Gannon, Mis.
... A. Grllfln, Mr. (icttltz.
Mrs. llanis, Mrs. Alth.i lloffler, William Haw
ley, Thomas Hopkins, i'red Hill, James llajn,
M. llopcmll, K. A. Hoiuer, 1'etcr llcpler, Hubert
A. Hannah, I. B. Ilrmy, Mrs. Hughes, Miss Mars
Hughes, Cirl lloffart.
Mis. Jule Kennedy, Thomas Kennedy, W. S.
Kern,
Mis. Loftus, i:tan John Lewis, Arthur Lake,
l'red Logan Warrington G. Lawrence, S. B. Lsjw
rcme, (lii'tav Lange.
Alex MuiLcratcr, Michael Mit'affiey, Mrs. K.
McCormack, Timothy Madden, James W. Merrick,
Miss Leila, Mahon, Lavtrrnie llnran, Mrs. Minor
Munson, Mn. I'. L'. Miles, Miss Katie M. V,
Mahon, Mr. Moore, C. Metr.cn, Gcoigc Mlllci,
Edward Morgan, James Murphy, Mr-. Jennie Mar.
vcttler, W. O, Miller, Miss Gertrude Moicr, Mrs.
It. F. Marboken, Pr. Joseph Mlikewii..
Ignat. Orably, Miss Alice O'Malley, Martin
Ohley.
Mils Ada I'errlgo, Mrs. Jeannette Potter, John
Potoma, John I'ritchard. I'loicnic I'enac, O. L".
Totvers, Mrs. Helen l'otai.
Tat Qulnn.
George Itctnolds, Mr-. M, J, Itottan, .nomas
Jtlley, Mrs. I.. SI. Itldgway, Henty Ilozdililek,
Edward Illley, Ltldor Reaka, Jonas Becd, John
Ituane.
Mis William Stone, II. O. Stoddard, Howard
pl.fr. In, Mrs. e-ndi, Thorn. Miepherd.
Thomas Turner, John Tobln, Harry J, Tucy,
Ira VonoM.vne.
John lA.riol. Peter Wilson, Oien Weiss, Mrs.
Carrie Scoules Willing, .amuel Weisj, It. Wil
liams, Mrs. Elizabeth I). V light, T. It. Williams,
Krcd Wobmau.
West Scranton Station.
Peter Borg, Sirs. Datls, Michael Kutendor,
William Shiner, William Tusas.
Hanley's Ico Cream
Is absolutely pure. 4.0 Spruce street.
Smoko the Pocono Cigar, 5c.
wwuwwywwuwrtww
PUTTING UP FRUIT
It do is not pay to use .louli.rul Jars or Rnbrcri.
tor the sake ofa few cents. You niny lo.e mor j
than you save by IVrmoited fruit. We sell tlu
dependent "Lightning" nnd Atlas Muson .Tars.
You have no doubt had trouble getting good
rings. Trj the Honest Rubber, 1 dozen In a box.
Trice 10 cents. They are the best made.
CVvtv.arV3A,
Geo V Millar &
VJCU. V. ITl-llU.- tX
mmmmmmmmmmmmmm
Why Suffer
From the Hot Sun
When You
Adjustable
That will protect you from its hot rays
and is a perfect protection in a shower.
We have everything to repair an old or
make a new wagon or carriage. Also
Blacksmiths'
Supplies
Bittenbender & Co.
126 and 128 Franklin Ave.
Cedar
Chests
It is now time to
put your winter cloth
ing and bedding and
you need something
that will keep away
moths.
There is nothing
better for this pur
pose than the Cedar
Chests that are car
ried in all sizes by
Hill &
Connell
1S1 Washington Avenue.
HENRY BELIN, JR.,
General Agent lor tho Wyemli.s District for
Dupont's Powder
Mlnlnc, Blaitlnj, Sporting, SmoLeleM and the
Itepauno Chemical Company'.
HIGH EXPLOSIVES.
E-lcty Fute, Taps and Exploder. Boom 101 Con'
licit Building .bciantcn.
AUX.NC1LS:
tiios. ronn nttsion
JOHN B SMITH k SOX Plymouth
W. f. MULU0A3 Wj).c.Uarr.
mrtvmdimwmfa
Co 134 WjomlnR Avenue
VUi W.Ik In .nd to-K Aroun.
Can Get an
1 HE CELEBRATED GORDON PIANO
Before buying, send for catalogue.
H. S. GORDON. &V,r,
AT LA NTIO CITY HOTELS.
Qrano Atlantic Hotel and annex
Virginia Ate- and Beaeli, Atlantic City, N. J.
Sixth )ear. 3.V) hoaiititul luuns rnsullp, slnglij
and tilth kith; hot and cold sea-vtater baths
In holel and annex. Loudon wloit and central,
vtlthln few vaiila of the Steel I'lcr. Onhevtra,
Ollrts special spring rales, I In $15 by week;
ii.M up bj iliy. hpulal rutcs to lamllles. Coachej
mcet all trains. Write for booklet
CIIAI1I.KS i:, COPE.
HOTEL OSBORNE.
Ulantlo City, N J. One -quire from beaeli,
New 75 room annex. Modem appoint menu,, t'n.
pxirlkd serine. Bate, by Ihe daj, i?l,.7) and up.
waid. By the week, Ni and upward. Capacity,
101. B. J. a-borne.
The Delaware City.
Atlantic City. N. J.
Trnnre avenue and Ilea, It. Centrally located.
Ihrrrltil. Comf"iuhh' and home like. Tabic and
.ertlio iiiiMupji-nl. (.ip ii ii, 2on,
Bixr k niii'nKi:n.
Bucknell University
.IOIIN HOW Aim IIABUlN l're.ldent.
COLLEGE OF LIBERAL ARTS.
C'oui.cs in ktudv leadlui; lo decrees In ARTS,
I'llll.O.-oPin and MlKXC'i:. louttren depart
incuts ol Jmtruition:
I'hlhvophy and Pedagogy, Law, Anttiropology
and hnilal riunirr. I.touomic and I'oliinxl gef.
enie, lllilm. Ureek, Litln, Cnglltli, Literature.
Ouiory, Modern LanRiiagin, Mathematlis. Chm
litry and I'hitir, Organic Sclinrn and Medicine
l.lbrart lontaiiis l,uno volumes; i;ndoncnt,
jl.i.omi
lriinr for voting women.
,( l)i:M for imj and uiitig men.
SI litiill. (IP JIl'MC and Mil' bit i() have
separate building nnd tejibrrs,
I'or I itali'gue and lurlher Information, adlrcjs
WILLI vM C. UIII'rZINOUI.
ltegl.trar, lruHluirg, t'a.
Umbrella
Binghamlon Privata Training School
for nervous, Batktanl and Deaf Mulct Chl.
dim. Manual Trainliis, I'hjalcal Culture,
Needlcvtoik, Music, Kindergarten, Attlcul..
tion, Open ear round. Circular. Prltsi
moderate. - S. A, IiOOMTT'.K,
S. .'.Irviev Avenue.