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,THE SCR ANTON TRIBUNE-TUESDAY, JULY 23, 1901'.
3
itt9 vtttttttttttttattttVi rtH itT
6
0
0
9
0
0
0
0
0
0
Is wonderful, but coffee Is
Injurious to the nerves and
digestion of most people, be
causa of the caffeine in it.
The phosphates and hypo
phosphites added to Dr.
Hand's Condensed Milk
make coffee of actual food
value by neutralising the
effect of the coffee drug.
A
a DR. HAND'S
A PHOSPHITED
0
0 CONDENSED
0
0
MILK
0
0
0
0
is the greatest of all nerve
foods and body builders. It
tastes like rich cream; gives
a delicacy of flavor to coffee ;
makes it a refreshing drink
at all times. Dr. Hand's
Condensed Milk N best for
summer use. Always sweet
0
0
0
0
you don't need ice. Hook tree.
' The Dr. Hand Condensed Milk Co. i
Scranton. Pa. J
q
TtTtTTtttTitt
I CITY NOTES
4- 4- -t-
l'!.TIf. IHi: 'IWIION larsr- fnrrr nf
paintci ire at uirk pjlnlln? the interim and
enterior of the Lackawanna rallroid ttatiin.
MAT. ft AT, rOMMITTI.K mrrtlnz or the
pnirral committee fni the neclo' picnic will
01 cur thi morninc at l SO In the oltke of
J' Bedford, hoaid ot tiadc building. A full
attendance Is desired.
NO APPOINTMENT M'.T No ore hi ct
I ecu mimed as the fiiccci of Milium rimmp
nn on the police force. Dneitor of 1'iiMle
Sifetv Wormier )id jctndn that tho ap
pointment in all probability "111 not be nude
this week.
ttUiv's. IIKM.TII HKPOnT The wreklc re
,iirt of the health riepictment thc-nt tint
mere were fortj-one deaths in Mm city l.ot
vrek. Iwo contdzimn dKcic were reported
One m a cae of diphtheria and the other of
fiarlct !eer.
nil NOT M'T. Only three niemhtrs of the
tinlitliii; committee put in an appeirimo I t
rvht. ind ionequintly a meeting could not
te I eld 110tl1cr meeting has been 1 illtd for
toniisht. an It U ticicMiy tu pass the t.lreet
department lulls at onco.
ll'NKIIAf. M.-rmnW. Tho funeral of tho
lilc r Augusta : Williams cufi' of C. II
Villlams (xiinicd jeiterdav afternoon. 'I lie
i-erciers weie (onducted at the houc, hit (Juim v
atdiiif, b I!cv. S 1'. Mithcws, pilor of the
-ut IlaplKt ehuiili I he boilv nn taken to
Aurou, Ind , la-t nicht lor lnmal.
llrilKT tnM.nn IJe I mirth Ie.-i-line
ililiiit ionentnn for tho purpoo of
eif tun: four ilccatn to the IKmomliL si ite
1 invention will tie held at O'lliienV hold,
nhphdiit, on itiiiili. July .'", at .1 p 111 'I ho
pninarlc-. will bo held in the eeul dittlrts
on l-ridij, July 2i, lvtHcen 1 and 7 p. m.
DRIVER BOYS INJURED.
They Were Kicked by Two Vicious
Mulos.
Two driver bojs .it the Oiben Kldge
colliery, named John Flnn and Fiank
Hnfkd, wore badly Injuied e.sleulay
morning at the (it eon Uidge colliery by
a vicious team of mules which they
weie driving.
The animals were eiy stubborn and
refused to diaw the tilp of cais to
hlch they were attached. Repeated
lashings imp.it ted by the bojs Infuri
ated them and they began to kick. Uoth
bo weie knocked down and ttamplecl
upon, and might have been killed had It
not been for a miner who pulled them
out of thelt pel lions position.
They weie both badly cut and bruised
about the body, and weie taken to the
Lackawanna hospital.
FIREMAN PHILLIPS DEAD.
Man Injured in Gouldsboro Wreck
Passes Away.
T'hituas Phillips, of "West Lenox, the
fit eman wiio was so badly Injured on
July 15 In the Lackawanna wreck at
Ciouldsboio, died yesteiday from his
1 'uilcs.
lie was badly scalded at the lime
unci has been hoveling between life
and death over since. The body was
tnippccl to his home last night.
The popular Punch cigar Is still the
leader of tho 10c cigars.
Bonds
and
5 Investment :
If
X
X
X
X
Securities
X
X
X
X
66 flroidnny, Jf, V
Wllkn nrre.
Cirbondile. V
X
jf SS Commonwealth bid's, Scrinton, Pi. .
If
MffiLABEO
vyr-Atpjpfe-
V DEAWJUS IN tf
a
K
X
K
K
A HOME WEDDING.
Hits Qrant Married to Rev. Honry
F. Hugo.
Hew Henry V. Htice, of Skowhogan,
Maine, und Miss Herthn 13. Orant,
iliiughtcr nf the lnt lof. W. W.
Oiant, weio yesterday nfternoon mnr
tlcd nt the homo of the bride's mother,
on Madison uvenue, by He v. Dr. Hob
crt K. Y, Pierre, pastor of the I'enn
Avenue Haptlst 1 Inn eh.
The hi Ido wan nttlred In a beauti
ful sown of white, cut cntrnln, nnd
was (Utended by her two sisters, the
Misses 1'eiul nnil Kthel (Irani. The
cremnny wni performed In the thaw
ing room of the lesldenre, which was
benutlfully decorated, and was wit
nessed by only the members of the
family and a few Intimate friends, In
cluding Mr. and Mis. A. 13. Fletcher,
Mr. and Mrs. S. Fletcher "NVeyburn
and Miss Hthel Fletcher. After the
cetemoiiy the couple loft on nn exten
sive wedding lour.
The gioom Is a promising young
clergvmnn and Is pastor of the First
Haptlst cliuirh at Skovv began. The
bride has been for several years n
teacher In the UIrIi school nt Provi
dence, Hhode Island, and Is a gifted
and accomplished young woman.
MRS. M'DONOUGH AND
HER SON INJURED
Charge That Thoy Were Treated In
humanly by Employes of
Trolloy Company.
Mrs. A 1. McIJonough, of Dunmore,
and her 6-year-old son, Franls, were
seriously Injuteit yesteiday niotnlng In
an accident which befell a Thioop car,
nc.ir the Mt funnel cemetery.
Accntdlng to the story told last night
by Mrs-. MeDonough, who was Just able
to speak, when the car on which she
unit her son n tiding reached the
svlt"li at the cemetety It wns obliged
to stop and wait for the "line" car of
the company, from the platfotm of
which some workmen were mnking re
pairs, to get nut of the way.
The "line" car was backed onto the
switch finally, and Just as the other
car parsed the point wheic It had stood,
according to Mis. McDonough's stoiy,
all the iinnwork In the car became
chatged with clectilcltj nnd she and
her ton, both of whom weie over one
of the steel wheel plates, weie thiowu
by the force of the shock completely
out of the car and Into the ditch near
bj. T5oth (sustained seilous Injuries. Mrs.
McDonough's spine was Injured to such
an extent as to completely paralyze her
lower limbs. Her tight aim was frac
tured and she sustained n deep gash
on the forehead, which required live
stitches to close. The little boy's arms
weie fiightfuly lacerated and ho sus
tained a bad cut In the head. Mi,. Me
Donough ls in an Pxtiemoly critical
condition, but It H thought that the
little hny will recover.
Mr. Mt Donough stated to a Tilhuno
man laa night that the manner In
which the street i.iilway company's
employes treated his wife and child
after the aicldent was shameful. Ho
said they made no effoit to take them
any plaie out of the hot sun arid left
tlir 111 lie where they fell for oer an
hour.
Oiic nf the ot or passengers on the
car went on to Tuioop on the next car
to get medical assistance, and Mr. Me
Donough clalnifi that the motonnan and
conductor of an In-bound car refused
point-blank, when requested, to wait
for a minute 01 two to biing Dr.
.lambs down to the scene of the acci
dent. TOWNSEND'SCRAZY act
Stole Into a Neighbor's Bedroom
and Assaulted Him With a
Heavy Iron Poker.
About 4 o'clock yesterday motning,
Mr. and Mis. Dayton Lewis, of 1510
fhurch avenue, weie awakened by a
noise In their tooni and saw standing
at their bedside their next door neigh
bor, Jacob Tflwiieund, with an iron
stove poker raised above his head.
liefoie they could make .1 move to
Intercept him, Townsend brought the
poker down viciously and It landed
on Mr. Lewis' neck. Townsend made
an exit nnd retlilng to his own home,
which Is In the other half of the
house, locked himself In an up-staiis
loom.
Patiolmen John Saltty nnd lteesu
Jones wete summoned to aiiest him.
They reached the room where he had
locked himself In and were trying to
Induce hint to come out and sin ren
der, when he sudilently swung open
the door and made lor tho ofllceis
with the poker. They wauled off his
blows and alter a time succeeded In
giappllng hint and forcing hint Into
subjection. After getting him on his
tcet, he renewed his snuggle, and It
was with nki little dtfllcuity they
landed him In the North Scranton
police station.
Townsend Is 75 eats of age, nnd n
few jeats ago was an inmate of the
Insane department of Hillside Home.
He gave evidence of a return of tea
son and his son took him to his home.
For seveial months past, the nelgh
bois say, ho has been acting ciueet,
nnd on seveial occasion gave ex
hibitions of lolenco that tended to
show a leniuciue of his mental dls
01 der.
His son was a blacksmith at tho
Uiinbln and was dlschatged last week
foi tef using to help to do tho firing.
Ho went to Johnstown S.Uutduy last
to take another Job, leaving his wife
and clilldieu to look after his father.
It appears the old man sneuked out
dining the night, aimed himself with
a poker. picd open a front window
of the Townsend house and proceeded
to avenge some Imaginary wrong on
the Lewis family.
It wus the opinion of the police that
Townsend was insane and they called
lit Doctors M D. Donne und J. J. Sul
livan. Ji., to eonoborate their view.
The doutots tcported that he had vio
lent tendencies and should be cate
fully watched. (
Last night, Mr. Lewis appeared
against Towiibend, charging him with
house breaking anil aggravated as
sault and battery with intent to kill.
Maglsttate Fldler released him on J-00
ball to keep the peace and $500 ball to
answer to court. Dr. J. J. Jenkins be
came his bondsman,
Mr. Lewis being afraid to sleep at
home last night, betook himself and
family to tho bouse of a relative In
the contial city.
Mr. Lewis' neck was badly swollen
yesterday ftom the blow which he re-
ccived with tho poker. Had It
landed on his head, hlj physician
said, a fnictuted skull would have re
sulted. Smoke the 1'Qcono Cigar, Sc.
NEW SCHOOL
FOR THE THIRD
EIGHT BOOM BUILDING TO BE
ERECTED THERE.
An Effort Made to Bet Aside tho Re
port of the Supply Committee and
Givo the Contract for Furnlihing
Coal in Three of tho Districts to
James Koarriey Reports Fro
eontod by tho Various Committees.
Treasurer's Statement of Financial
Condition of District.
The Third ward In to have a new
foui-room school building. At laet
night's meeting of the board of con
trol, Architect James If. Feeney wns
directed to dtaw plans for It. Knglnecr
Harris will arrange plans for the heat
ing nnd ventllntlng, which will lit In
with the architect's plans. I31ds nte to
be tecelved for the hulldlng complete,
Including heating nnd ventilating, tho
building not to cost over $L,500 a room,
At present theio Is 11 two-room build
ing, No. 22, in the Third ward, which
Is so close to a culm heap, fiom which
noxious gases emanate, that It has been
deemed wise to abandon tho building.
Tho Delaware, Lnckuwanna and West
ern company has ngtced to give a lot
at Hack toad and Oak street In rettittr
for the lot now occupied by the school.
This proposition the board nccepted.
It wan decided to advertise for bids
for tho bale of tho two-room building,
which is a substantial brick stiucture.
Bids will nlso be advertised for moving
tho building cither to the lots on the
Diamond flats, owned by the bo.itd, or
to Little Kngland, as the building and
teachers' committee of the boatd may
decide.
Jacob Schaefer, the member trom the
Tenth, made a. pleu for having tho
school temoved to Little Hngland,
which, he said, Is now practically with
out school facilities. It Is so far fioin
No. 3S that the pupils cannot go there
In the winter and, besides, a nuntbe'r
of dangerous rallioad tiack.s have to be
ciossed.
Till! COAL HIDS.
There was considerable discussion
when Chairman Itoche, of tho supply
committee, announced the awarding of
contiacts to supply the schools of the
city with coal. The. teport favored
awarding contracts to the following:
riMt district, central city and Circon nirlae
To William Kilinnre for tOj lor latgc tliei
and $1 03 for pea coal.
Seiond dutrlct, South Scranton To M. (iilv
botu for M for laree (.ken, ano 4J for pea coal.
'1 liltd district, North .Scranlon-lo M. J. Ilud ly,
for $! for lame lc and $.' 2" for pea coal
Kourth district, North Und James hearricj lor
$3 for farce Mzcj, and ?J lor per coal.
Mr. Jnjrio objected to the repot t of
the committee. He said that James
Kearney was tho lowest ic-ponslblo
bidder In three districts and ought to
be nwarded the contract for the thiee
districts. Chairman Kocho defended the
action of the committee by saying that
expei lenco In the past hud piovcd that
It Is bad policy to give one man a con
tract for more than one dlstilct, as the
school" "iffered from lack ot coal dur
ing nc v outlier. The nieinbeis of
the board weie polled and the contracts
weie awarded as suggested by the com
mittee. The high and training school com
mittee presented tho leslgniitlon of
Henry Ureonstead as assistant in the
department of chemistry of the liluh
school, nnd Fied Atbcrtou was named
as his successor at a salary of $".0
per month. The action of the com
mittee was appioved.
THAT SCHOLARSHIP.
In tho matter of the University of
Pennsylvania scholaishlp tho commit
tee lepoited that thiough a mlsappie
henslon of the rules adopted by the
board an examination was taken and
a oung man named Kirkwood won.
He wanted to take a special couise,
which is not according to tho terms
of tho scholarship, which contemplates
a general course. The committee
wanted permission to appoint a board
of three examlneis, who shall not be
membeis of the high school faculty,
to decide who Is entitled to the scholar
cshlp in tho event that the unlveislty
does not Itself prepare the papoi.s for
the examination. The pel mission was
gt anted. All membeis of this yeai's
class of graduates of tho high school
aie eligible to take this examina
tion. On recommendation of the committee
the board Increased the appropriation
for publishing the high school manual
ftom $150 to $275. Pennsylvania State
College, at the suggestion of the com
mittee, was given tho right to hold
an entrance examination to that col
lege In one of the rooms of the hlch
school on August 27, It to be of no ex.
pence to tho board. '
The teaeheis" committee announced
that it had no tepoit to offer, and
Mr. Leonard thereupon suggetsed that
theie Is a vacancy In tho prlnclpalshlp
of No. 17 school, nnd that W. K, Jami
son, who was appointed tempoiarlly
last year, be appointed. The sugges
tion was appioved by the boatd,
THOSE LIGHTNING P.ODS.
At the suggesting of the building
committee tho fjoard postponed In
definitely tho question of putting
lightning lods on school buildings.
James P. Moloney & Co. weie slvcn
the couttart for extending tho foul air
ducts In 11 number of schools. Mrs.
James Jloyd was appointed Janitor of
No. 24, to fill the vacancy caused by
the death of Mis. Williams,
The committee recommended tho re
moval of John Johnson fiom the posi
tion of Janitor of No. G and tho ap
pointment of Thomas O'Malley. Mr.
Johnson, it was stated, has another lob
and the work is being done by his son,
who Is not nn employe of the board
and not responsible to It. On motion
of Director Roeho the matter went
back to the committee for further con
sideration, On recommendation of the supply
committee It. E. Jennings, who has
had charge of tho supply rooms of tho
board, had his salary raised from $75
to $90 per month. Tho conttnet for
furnishing supplies to the boatd was
awarded to Reynolds Brothers, the
committee stating that It was the only
firm which bid complete, nnd that In
tho aggtcgate It was tho highest and
best bidder.
James Flynn, on recommendation of
tho committee, was awarded tho con-
Tho following well-known gen
tlemen are tho directors:
O, 1). Jones. A II waniun.
O. K. Heynold. ( S. Woolnorth.
Thoi. Sprauue, VI, J, llealev.
Ttleliard O'llrlen. W (J I'ulton.
Samuel Pamter. Xrlhur niiiiu,
T. ', Von btorch, M, I'. Cat If r.
We solicit your bifslness.
The People's Bank.
!jS5tf
An Excellent Combination.
Tho pleasant method nnd beneficial
effects of the well known remedy,
Sritui of Fiob, manufactured by tho
Cai.ifoiuua Fio Sviiup Co., illrrstrato
tho valuco! obtaining tho liquid laxa
tive principles of plants known to bo
medicinally laxatiro nnd presenting
them In the form most refreshing to tho
tasto and acceptable to the hystcrn. It
is the ono perfect strengthening laxa
tive, cleansing tho system effectually,
dispelling colds, headaches and fevers
gently yet promptly and enabling ono
to overcome habitual constipation per
manently. Ita perfect freedom from
every objectionaolo quality and nub
stanco, and its acting on tho kidneys,
liver and bowels, without wenkoning
or irritating them, raako it tho ideal
laxative.
In tho process of manufacturing figs
aro used, ns they nro pleasant to tho
taste, but tho medicinal qunliticsof tho
remedy nro obtained from senna and
other aromatic, plants, by a method
known to tho California Fio Svnur
Co. only. In order to get its beneficial
effects nnd to avoid imitations, pleaso
remember tho full natno of tho Company
printed on tho front of every package,
CALIFORNIA FIG SYRUP GO.
SAN mANOIBCO, CAt,.
I.OUISVILIiE, KV. NEW YORK, N, Y.
Fornalo by all Druggists. PrlcoSOc. per bottle.
tract for furnishing wood to tho
schools of the dlstilct dining the year.
A tecommend.itiou that Venetian
blind1 be placed on Nos. It and 86 nt
a luico not to exceed 10'i cents per
font wnt adopted.
Tho annual report of the treasurer
was read. It shows that at the begin
ning of the lHcal ear, July 2, 1900,
theio was a balance on hand of J14t,
TT.'.OI, and during the year tho amount
nt taxes collected was $.!84,401.fi2. Tho
balance on hand nt the opening of the
present llscal year was $78,447.36.
Attendance Oflicer Joyce was allow
ed pay for July nnd August for compil
ing statistics about the attendance of
childicn in the city schools.
The exoneration list of Thomas r.
(Jllgallon for the year ISflS In the Ninth
ward, amounting to $3J0.!)ti, was al
lowed. A foun of a wan ant, drawn up by
Solicitor needy, was read, authorizing
the imprisonment of persons who le
fue to pay their school tnxes. It was
tefeired to the finance committee for
consideration.
TRUESDAIE SAID
NO WAS HIS ANSWER
Would Not Accept the New Proposi
tion tho Car Builders Sub
mitted to Him Yester
day in New York.
Yesterday's effort on the part of
Senator J. C. Vaughan and Secretary
T. S. Covne, of the Car Builders.' as
sociation, to effect a setttlement ot the
car builders,' stilke piovcd futile.
They waited on President Trucsdalo
nt his olllce in Xew Yoik, yesteiday
morning, and pie.-entcd to him a new
proposition from the strikers, but It
was flatly rejected by Jlr. Truesdale.
Vhen they reached Mr. Trucsdale's
olllce and were announced, Mr. Trues
dale called In Senator Vaughan and
left Mr. Covne In waiting.
Senator Vaughan told Mr. Truesdale
that ho came to see hlin at tho re
quest of the car bulldeis und as a citi
zen of Scranton, anxious that the
strike should bo toi urinated. Mr.
Truesdale complained about the way
In which the company's workmen weie
treated In Scranton, saying It cost a
thousand dollars a day to protect them
nnd thnt they weio being boycotted
and caused all soils of annovance.
Senator Vaughan suggested that It
was In the power of Mr. Truesdale to
settle the strike with honor to both
sides of the conflict by accepting the
proposition Secretary Coyne was now
pippnred to make.
President Truesdale said he did not
Intend to see any mote tepresontatlves
of the strike, but would he willing
to hear the proposition, Mr. Coyne
was called in and wns met with the
remnik lioni Mr. Tiuesdale: "Well,
Mr. Coyne, I nuclei stand you have a
proposition to make'.'"
Mr. Coyne replied that he had; that
tho car bulldeis weie willing to recede
fiom thelt ollglnal demand If the com
pany would reinstate them nt an ad
vance In wages.
"Your original demand was the re
Instatement of Hicks, a man who was
suspended fiom tin1 Dover shops for
violating the rules."
Mr. Coyne explained thnt what he
meant by the original ptopositlon was
a nine-hour day without a reduction
In wages.
President Tiuesdale talked for a tlmo
about tho company not being greatly
concerned ns to whether or not the
car bulldeis toturned to woik, and
then, referring to the new proposi
tion, said: "Mv answer to that will
1)0 very shoit. It Is No."
The vlsltots lett together nnd came
direct homo, artlvlng hero at fi o'clock
last evening.
Piesident McAndiew called a meet
ing of the car bulldeis for 4 o'clock
this afternoon In Carpenters' hall, to
hear Mr. Coyne's report. To a Trib
une reporter hmt night President Mc
Andiew said:
"This means tight, Wo will win If
It takes all summer, and I am confi
dent It will not take nnvvvhero near
that long. The company's switches all
the way tinni Hohokcn to Buffalo are
tilled with eilppled cais, and It cannot
continue the struggle much longer.
This talk about having' so many men
at woik in places outside of Scranton
is all bosh.. It is true there ate some
men working In the dllfercnt shops,
but they nro Inexpetlem ed fellows,
who cannot do a good day's work In 11
mouth.
"Tho return of tho machinists only
tends to better our condition, it will
teduco the number of rrren who will
havo to bo supported, when It comes
to that. Vv'o did not go on strike
with the machinists, hut Instead were
out a week ahead of them. Tho com
pany evidently though' tho leturn of
the machinists would cnttso a stnm
pedo In our tanks, In this It was
greatly disappointed, Only three stilk
Ing car builders returned to woik ye.--terday,
and two of tneso will not bo'
at work tomortow."
DECISION IN
VIADUCT CASE
FULL TEXT OF JUSTICE MITCH
ELL'S OPINION.
Take a Different View from That of
the Local Court on the Moaning of
tho Word 'Dbt" in the Clause of
the Constitution Relative to In
creasing tha Indebtedness of Mu
nicipalities Supreme Court aires
It a Broad and Liberal Meaning
Instead of a Technical One,
Below In slven in full the opinion of
Justice Mitchell, of the Supreme court,
In the case of Keller ngnlnst the City
of Scranton ct nl., commonly known as
mo vratruct case,
Tho whole case hinged on the legal
meaning of the word debt In Section 8,
Article 8, of tho Constitution, which
says tho debt of a municipality shall
not exceed two per cent, of the assessed
valuation unless the nssent of the clec
toi.s Is had.
The city attempted to undertake the
payment of the damages that would re
sult from tho construction of the via.
duct. AVhat theso damages would
amount to no one could say, but It was
almost certain thut they would make
the clty'H debt exceed tho two per cent,
limit, as tho margin at the present tlmo
Is very small.
Debt Is defined by the legal lcxlcog
taphers as an ascertained, definitely
fixed liability. In Its broader sense the
word means any liability. Judge Kelly
accepted the strict meaning of the word
and ruled that the damages that would
accrue from the building of the via
duct were not a debt, within the mean
ing of the clause of tho Constitution,
above quoted, nnd consequently not to
be leckoned In figuring on the question
of whether or not the city's Indebted
ness would bo Increased beyond the
constitutional limit by the building of
the viaduct.
LOCAL JUDGE'S OPINION.
From the discussion of the case con
tained In Judge Kelly's opinion, It Is to
be gathered that he was persuaded to
find ns he did from the fact that If un
liquidated damages weie to be regarded
as "debt" within the meaning of the
clause of the constitution in nutation, It
would be well-nigh Impossible for a
municipality to prepare a statement nf
debt, and altogether impossible for a
court to say whether or not a contem
plated Improvement would exceed the
constitutional debt limit. If the maigln
was close and the city was making im
provements that would entail damages,
such ns constructing sevvcis, grading
streets and the like.
The Supreme court savs, in declining
to nccept Judge Kelly's view, that the
word "debt" In tho section in question
should be taken In Its bioad and gen
eral meaning. The full text of the
opinion Is as follows:
Keller o City of Scranton et al
Junuary, 1901, No. 35, P. Lackawanna.
Mitchell. J. The single question w hlch
needs discussion is whether a munici
pality, already In debt up to its con
stitutional limit of two per rent, on the
assessed value of Its property, can,
without a vote of the electois, enter
into a contract for the buildlnir of a
viaduct without expense to Itself, but
which will make It Indltectly liable for
damages to the owners of abutting
land. Or to reduce the question to a
bilefet and more general foim, are un
liquidated damages to land owners
fiom a public Improvement a debt
within Section S, Ai title ft, of the con
stitution. LANCJUAGIJ OP ACT.
The language ot the section Is, "the
debt of any county, city, borough,
township, school district or other
municipality or incorporated district,
except as heteln piovided, shall never
exceed seven per centum upon the as
sessed value of the taxable property
therein, nor hall anj such municipal
ity or dlstilct incur any new debt, oi
Increase Its Indebtedness to an amount
exceeding two per centum upon such
assessed valuation of property, without
the assent of the electois thereof at a
public election In such manner as shall
be provided by law."
The learned Judge below found as
facts that "the election of a viaduct
will cau.se damage to the abutting
propei ty owneis and the amount which
may be tetoverable by them may ng
giegate the sum of $100,000 whenever
the same may be liquidated according
to law." And that the piesent debt of
tho city was already beyond two per
cent, of the assessed valuation. Ho
further found as conclusions of law
that the city of Scranton had no right
to Inciease its piesent Indebtedness
without flist obtaining the conserrt of
the electois, hut that the incunlng of
this liability for damages to the prop
el ty owners was not the cieation of n
debt or the Incmrlng of an Indebted
ness within the meaning of tho consti
stilutlon? This conclusion was 1 cached upon the
view thnt the word debt In the section
nf tho constitution In question is us-d
In a technical scnae, which does not in
c lude unliquidated damages souncllngin
tort. We are unable to assent to this
view.
IX GICNKItAI. SKXSH.
The constitution is to be under stood,
piltua facie at least, as using words In
their general and populnr sense, unless
they aie clearly technical In their nn
tuie. 'While the wotd debt has a tech
nical iihC of somewhat more limited sig
nification than its common meaning,
yet it Is not naturally or usually a
technical wotd. .And it is to be noted
thnt the constitution uses In immediate
und synonymous connection the word
"Indebtedness," which is of wider and
even less technical significance, On this
point the put pose and Intent of the
constitutional piovUdon nie conclusive.
It is patt of the open hlstoiy of Hip
times that many municipalities In haste
to get the advantage enjoed by older
and wealthier communities entered
tecklessly into all kinds of piojects
under the name of public Improvements,
and in a few yeais found themselves
like heirs to an estate burdened with
past oblLs at ruinous uites, on 01 be
yond the veige of bankruptcy. At the
time of the framing of the constitution
tho subject was tresh In the public
mind, notably In the cases of county
nnd cll bonds in aid of rallioads, etc..
In tho vv ostein states, as found In the
repoits of the Supreme cnutt of the
United States, Pennsylvania was not
without Its own expei lence two genei-
atlons ago In the default of Interest,
nobly ntoued for In the dark das of
depredated out 1 envy duilng the civil
war by tho payment of all Its obliga
tions In gold, even though not so sped
lied In the bond. The constitutional
piovlblnn Is Intended ns u lestralnt on
this spendthrift tendency, to cine the
extravagance of municipal expendit
ures on credit, to pievent municipal
ities fiom loading the future with obli
gations to pay for things the present
desltea but cannot Justly afford, nnd.
In shott, to establish the pilnclple that
beyond the dellned limits they must
pay as they go. No limit Is fixed to
expenditure for which present means of
payment are piovided flhle's Appeal,
91 Pa. 39S), but a peremptory prohibi
tion is put on expenditure on credit be
yond the pi escribed bounds. Debt and
Indebtedness In the section In question
ate not Uhed In uny technical way, but
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In ll A I littri A rrortnfnl tnn nlntr f all
( kiiv.11 itiMii ciitnti inciiiiiiin vii. (in
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CONTEXT MAY TULL.
It may be that In other sections nf
the Instrument the context may lndl-
catc that the same words are used In
a more limited and tecnnlcal sense It
will be time enough to cunslder those 1
questions when they atlse. For the
present It is BUfllclent that the mean
ing of Section S Is clear.
It is true that the constitution docs
not exempt municipalities, how great
soever their indebtedness, from liabil
ity for wrongful and tortious acts. But
It does not authorize the voluntary1 as
sumption of obligation to pay money
by the scheme of a tort. The distinc
tion between teal or unpremeditated
torts and voluntary acts under the
technical name of torts, done by agree
ment for tho accomplishment of a pur
pose ptohlblted to be done by continct,
Is clear and substantial. And thut Is
what we have here. The taking or In
Jury to land by eminent domain is not
a toit In the sense of a wrongful act
When the broad distinction of actions
into those ex contractu nnd those ex
delicto was established, damages from
the exeiclse of eminent domain were
unknown. When they came Into exist
ence they did not strictly fit Into either
class, but as they weie certainly not
founded on express contract with the
land owner, they weie put In the only
other class, as torts. But when, as in
the piesent case, the act which Is
called a toil Is done under a contract
and the assumption of the consequent
damages Is an express term of such
contract, we have a perfectly dear case
outside of the principle that makes
municipalities liable for their wrongful
nets, without logatd to their Indebted
ness, and within the constitutional pro
hibition of a continttual obligation to
pay in futuie for a consideration In the
piesent. We aie, theiefoie, obliged to
hold that the oidlnance In question is
void as Increasing the Indebtedness of
the city of Scranton bevonds Its con
stitutional limits. The other objections
to the ordinance aie not sustained.
WHAT HE FOI'ND.
The learned Judge below found Inter
alia that while the debt of the city of
Scranton was above the two per cent,
limit, yet part of It had been author
ized by a vote of the electors and if
this part should be excluded fiom the
computation, the damages under the
oidlnance for the viaduct would not In
crease the debt beyond the limit, but ho
held that the whole debt, authorized by
vote or not, must be taken together In
computing the two per cent. It Is now
suggested by the nppelleesi that this
tilling was Incorrect, nnd if It should
be reversed, the final decree could be
affirmed, though for different reasons
from those of the court below. This,
however, could not be done on the
piesent appeal. Tho ruling was in
favor of the appellant and, of couise,
Is not assigned for en or. The question,
therefore, Is not raised by the record as
It Is now before us for uctlon, and we
express no opinion upon It.
It Is not impioper to say that we
havo reached our conclusion In this
case with reluctance. The improve
ment irrtended is one of gieat import
ance and value to the public' In doing
away with a dungcious giado crossing,
and tho teims are veij advantageous to
the city. But the bar of the constitu
tional prohibition Is clear and we may
not permit It to be evade1
Decree reversed and bill directed to
be reinstated, and Injunction Issued ns
prayed. Costs to be paid by appellees,
The plaintiff In this case was tepre
sented by Attorneys M. W. l.ovviy, H.
M. Stieeter and I. II. Bums. The city
was represented by ex-City Solicitor A.
A. Vosburg and Major Everett War
ren. GREEN RIDGE.
Lester E. I.osey, ot Monsey avenue,
returned yesterday from a visit to the
Pan-American.
Floy Fuller, of North Park, will
leavo today for the Pan-American.
Miss Minnie Peck, of Capouse ave
nue, left yesterduy for a week's stay
at Lake Winola.
Miss Mae Benedict, of Dickson ave
nue, Is spending her vacation at Gteen
Ciiovc.
Miss Peat! Treverton, of Sanderson
uvenue, has returned from a visit with
Dallas ft lends.
Rev. Samuel J. Dorsey and family,
of Lincoln Heights, havo moved to
Chicago,
Miss Isabella Jones, of Monsey ave
nue, Is spending a few days at Sunny
sldo farm, Fleetville, where she Is tho
guest of Miss Cntolyn Pateison.
A young daughter of Thomas Kelly,
of Cnpouse avenue, was quite badly
Injured by being run Into by n wagon,
whllo iiosslng tho stteet ncur her
homo yesterday,
Harvey Slack, who Is employed by
his futher. C. P. Slack, In the plumb
ing and tinning business, met with a
they buy, nnd lose sight of the
Co. '" Sr'" "
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SCRANTON CORRESPONDENCE SCHOOLS,
SCRANTON, lA.
T. J. foster, Ticsident. Hmrr II Lanall, TrcM.
II. J. rosier, 'Stanley T. Allen,
Vice President. I Secretary.
vety dlstiesslng accident yesterday
while unloading a wagon full of wasta
material on the dump below the Klotz
mill. Ho backed the wagon too cloi
tc the edge of the l.a.ik, whl'h Is
vety steep at this point, and H. went
over, carrying tho hoi so with It. Ths
tubblsh at the foot of the bank wai
on the at the tlmo and the wagon vu
entirely destrojed by the flames and
the hoi so seveiely burned.
C. T. Bellamy and son, Charles, of
Delaware stteet, aro at the ' Toyn
telle House, I'oyntelle, Pa.
T. J. Snow den and family expect to
start this afternoon for the ran
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