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THE SCRANTON TRIBUNE-TUESDAY, AUGUST 20, 1901.
., t-r-- -
jgjfe
An Excellent Combination.
The pleasant method nml beneficial
effects of the well known remedy,
Hmur OP Fiob, manufactured by tho
California. Fio Srnui Co.. illustrato
tho value of. obtaining tho liquid laxa
tive principles of plants known to bo
medicinally laxatlvo and presontlnff
them in tho form most refreshing to tho
tasto and acceptable to tho system. It
is tho one perfect strengthening laxa
tive, cleansing tho hystcm effectually,
dispelling colds, headaches and fevers
gently yet promptly and enabling ono
to overcome habitual constipation per
manently. Its perfect freedom from
every objectionable quality and sub
stance, and its acting on tho kidneys,
liver and bowels, without weakening
or irritating them, malm it tho ideal
laxative.
In the process of manufacturing figs
oro used, as they aro pleasant to tho
taste, but tho medicinal qualities of the
remedy nro obtained from senna and
other aromatic plants, by a method
known to the California Fio Svnor
Co. only. In order to got its beneficial
effects nnd to avoid imitations, plcaso
rcmemberthc full namoof thoConipany
printed on the front of every package.
CALIFORNIA FIG SYRUP CO.
SAN FRANCISCO, CAI
I.OUIBVILLE. ET. NEW TOBK. N. T.
ForsMohyoll Druggfats. I'rlcoMa. per bottle.
CITY NOTES
niWficn I'LAPES -Itnminick V. fiihbons,
recently ef the Coyne, ha. accepted a portion is
nlRht clerk at the Larkauuini Valley Home.
Hid!! SCHOOL i:AMS -The enhance exam
ination for the hich school will be conducted
en Tuesday. Aug. I", t 9 a hi. The rlty hools
open one week liter on lucdaj, Sept. 3.
COWS I'OltONKD HeclrtenH of Spring Ilrook
township arc inmplilning about srme miscreant
Mho i enpaecd in the nefarious work ot poison
inc cattle in that Wclnlty. The picpetramr is
riid to lie well known and his arrct U likely lo
follow.
itl'SK AND CAM. MKN TO MELT There will
re a special meeting of the bunk and odll mm
f the Scnntnn lire department at the Firetnin's.
Ilelief awoeiitlon room, on Spruce street, this
cceninc at v."0 o'clock. All .irs rco.uci.tcd to he
present.
OKRMI.V OPEIM A fiermin open in thire
net will be cleon this ,enlne at Mime hall by
one of the bet fierman opera companies of w
York The ph whleh thev will pirscnt tonlsht
i Holnrleli Heine.-.' "onnce Leiden" and will
be ghen for the benefit of Mls fiiistl Uietthcr
and Mr. demons Bauer.
POLITICAL MATTERS,
The delegates from Lackawanna
county to the State Republican con
ventlon. which takes place ut Ilarrls
burg tomorrow, will leave here this
morning on the ti to Delaware and
Hudson train. They will have head
quarters at the I.criiel
The delegates from the four dis
tricts are:
First Kvan J. Davis, West Scran
ton: C. .r. Cilllcsple. North Scranton.
Second Magistrate W. S. Millar, of
the central city; Charles Hose, of
uouth Scranton.
Third Henry Harris, of Taylor:
Harry Seamans, of Benton.
Fourth- Alderman Samuel S. Jones,
of Carbondale; Dan Powell, of Dun
more. The delegates will be accompanied
by Congressman Council, Deputy At
torney Oeneral Fiederlck "W. Fleltz.
John R. William, County Auditor W.
K. Johns and others.
Milton W. Lowry, of the state execu
tive committee of the Pennsylvania
State League of Republican clubs,
went to Philadelphia yesterday to con
fer with State President J. Hampton
Moore rega riling the league conven
tion, to be held in this city Sept. 17
and R Up will attend the Ilanls
burg convention on his way home.
John 51. Carman Is spoken of as a
candlate for orphans' court Judge In
Luzerne. The Lenahan faction Is said
to favor A. M. Freas, whom Oarman
warmly supported two yeais ago,
when Judge llalscy was endorsed.
Should Oarman pcrlslst in his lan
tlldacy, It iould mean a ruction, ns
the present peace existing In the
Democratic camp was signed by both
parties with a pen In one hand and an
axe In the other.
The Democrats of this county have
not ns yet picked upon their Judicial
randldates. Until K. 0. New comb
peaks out and makes known whether
or not he will seek the ofllce, tho l,ite
makers will not attempt any fi anting.
Mr. N'ewconih continues to say he has
not decided whether or not he will he
i candidate.
DEALERS IN
Bonds
and
i Investment
K
V
K
K
V
V
K
V
V
V
V
K
Securities
X
.1
M
M
M Broadway, K. Y.
Wilkei-Barre. Carbondale.
4-5-6 Commonwealth bid';, Scranton, Pa.
K
fcfctoM'ritototaMfeMM',';
TO FORMULATE GRIEVANCES.
Trainmen's General Committee to
Meet Hero Today.
The general committee of the Uroth
crhood of Hallrnnd Trainmen of the
Delawnte, Lackawanna and Western
road will assemble here today to for
mulate and piesent grievances that
come from different divisions of the
system.
The members of the committee will
have their headquarters at the St.
Chailes. H. J. Condon, of Hlngham-
tons .John P. Kelly, of Syracuse, and
Thomas Can oil, of Oswego, arrived
last night. The other fourteen mem
bers will come this morning.
None uf the grlevanc.es arc of n. very
serious nature. It Is said, and It Is
highly improbable that any difficulty
will bo experienced in having them
amicably adjusted.
LOOKING FOR STEEL MILL MEN.
Agents of the Trust Said to be
Working Here.
Martin 1). Fl.therty, organizer of the
American Federation of Labor, Is au
thority for the statement that two
agents of the steed tiust are In the
rlty trying to engage men to go to
Pittshuig to take the places of tho
stilking mill hands.
They are dealing, It Is said, with tho
foreign-speaking mill hands and have
succeeded In securing a large number
of men.
The steel workers In this city are
not organized. An effort was made to
get them Into the Amalgamated asso
ciation some time ago, but It proved
fruitless.
WILL SHOOT AT GRETNA.
Thirteenth's Rifle Team Leaves Hero
Saturday Afternoon to Partici
pate in State Rifle Matches.
The rifle team of the Thirteenth
regiment will leave here at 2 tS
o'clock Saturday afternoon for the
range at Mt. rfietna, where the state
matches will be hot next week, be
ginning Tuesday morning.
Those who will go along are Inspec
tor of Itllle Practice Lewis 11. Carter,
and the following mmnhcis of the
tnm: Lieutenant Will Could, of Com
pany K; Corpoial Frank Collin, of
Company D; I.awi euro Iliink. of
Company A; Privates Charles Moore,
musician, and Corporal Kell, of Com
pany 12 of Honesdale.
Corporal Kelly was only recently
put on the team. Thursday morning
Lieutenant Carter and the men will
vNIt the Montrose range and spend
thp day In practice there.
At Mt. Oretnn, next week, the state
matches will be hi ought to a close
Thursday, and the same day there will
be picked a team of twele men and
three reserves to reptesent the state
maiksmcn In the title matches w tilth
are to be shot at Sea Olrt. N. .J.
The men will leave for there the
same night. Tim Thirteenth has great
confidence In its team and is con
fident that It will be lepiesented In
tho aggregation which will shoot at
Sea Girt.
HELD FOR MURDER.
Anthony Tomashifski, Who Struck
David Thomas with a Pick, Is
Held Without Bail.
Anthony Tomashifski, who struck
David Thomas on the head with a
pick, at the Archbald mine, about two
months ago. Indicting Injuries from
which the latter died the next day,
was committed to the county Jail jrs
terday, by Magistrate Howe, on the
charge of murder.
Tomashifski has been In Jail since
the crime was committed, having been
committed by Hurgrss Cliltllths, of
Taylor, on the charge of aggrawited
assault and battery.
Yesterday's proi ceilings wcie mere
ly of a formal natute In order that
the charge might be changed. David
Thomas, of Taylor, was the only wit
ness examined. He testllled to having
seen Tomashifski strike Thomas with
a pick and claimed that the assault
was absolutely unprovoked.
WILL
SUCCEED ALL
METHODS.
OTHER
What Professor Allen Thinks of the
Conservatory.
J. Alfred Pennington:
pp.ir Sir; 1 take pleasure In stating
that Mis. Allen and myself are greatly
pK-ased with the progress our Helen
has made In plnno playing under your
Faelten System of Fundamental Train
ing. The instruction she has received
in one year of such tialnlng not only
Includes work generally classified ns
aih aiued woik. but has fitted hei to
enter upon another year's work fully
pi-epaied to comprehend and maser
that whlih is more dlfiictilt
I'eisoiially. we regret that your sy.s.
tfiii was nut Intioduied in Scranton at
an earlier dale. Too much cannot be
said In praise of this system, which Is
ccitalnly destined to succeed all other
methods of musical training. Wishing
jour school iitmndunt success, I am
Very tiuly yours,
Chas. J. Allen,
Piofessor in International Correspond
ent o Schools,
Atlantic City, Cape May, Sea Isle
City, Ocean City, Avalon, Wild
wood, or Holly Beach Exsursion
via Pennsylvania Railroad.
Thuisday, August 2.'. Special ten
day tickets. $."..00 to all lesorts. via
Market street wharf, or to Atlantic
City only, via Delawuie River bridge
mute. Train leaves Su.mton at fi.4.'
a. in.
Scranton Business College.
The demand for bookkeepers anil
stenographers continues even dining
vacation. Many students are receiving
piomotlon.
Day and evening sessions will reopen
Tuesday, September 3. Those who de
sire information should call any time
after August 10.
Steam neatlng and Plumbing.
P. F. & M. T. Howley.231 Wyoming ave.
i
i Mnrriago Licenses.
1 .l.i.l.li 1.. .!... O-.Q KamII. U'n.l.l...,nn ...........
J I Mil) Km lie . .. VX South NjhlnKti'ii nienue
X j William ti. Wnodmansco ( aibuinljlp
XlJinnlc M Silkbec Carboudalo
X Andrew I'odraki Old forgo
Annie CnhlJ Ol.l I'oiuc
inniil Sull.m Ml IV nn .uniue
Allii' lletaniiey Klmhurit
John Cllntkl 'Jhrnnp
Mirv Vjily ScMnton
William llnutlU Siranton
Nellie J, flaike Scr.inleu
(iemuc Mkhaylo Tajlor
Mary bliucaU Taylor
CARTER HEIRS
GET JUDGMENT
TURNPIKE COMPANY MUST
PAY FOR LAND.
In nn Opinion on n, Heretoforo Unde
cided Question of Law, Judge John
T. Kelly Rules That the Ridgo
Turnpike Company Did Not Ac
quire Title to Lands It Entered
Upon Under tho Right of Eminent
Domain by Having Been In Pos
session Twenty-Ono Years.
Appended Is the discussion by Judge
.John P. Kelly, of tho ejectment case
of P. P. Carter r.nd others against
the KIdgc Turnpike companj', In which
It Is helit thai tho defendants did not
gain title by prescription, because
their original entry was a trespass and
the continued possession, a continued
trespass. It Is a question nover before
passed upon in this state.
Tills Is nn aillon l-i ejeitnunt brought tu re
four prawssmn of u "trip of laid ulimit ln'y
feet In width, nnJ ioinptlilng about 10) .uiei
pltiiitid tu tlie Kirst w.ird "f the Utj of Sr ni
ton. The plilnliffs hic rlioun title nnd povt
nlon of the land in question in their mietter,
Pulaski Carter, from wlmm tiny mqulrtd title
bv ililn ritnlit-C upon liU di.ilh In 1MJ. 'Iho de
fend mt, in K7J or 17.!. enttred upon this slrip
of lind In quest inn, whh I' p.irt of a tMet of
sliont tttinty-fbc acres In the poes.ion of
l'ulikl Carter lit that time, laid out and built 1U
turnpike upon it, and has been in the lontlnuous
anil uninterrupted twetse-.sion of it eur sime,
iisinB It continuously as n pirt of their mid.
Thire lit no cldenee in the cne to show under
whiih It took pos-iesslon, whether hi purihie,
coiideninillnn proeeedlius or othrrle. We
bile only the lure fait tint it did lake posses
sion at that time, and held piumm-Ichi for incr
Inentj one )eai
The plaintiff contend tint liailng fliown tl'le
end posppsilon in Puliskl Carter ill the time ot
the laklnir, and there boinir tin riidente li liow
t Ii it th" defendant rer rcielied any Bruit from
him or ctcr psid or entered security for the
land, thit they are entitled to reimer; while
the defendants ennten I that, Imfm; imdir tho
iimllspiited evidence tiken pot-esslon of the
Innds and eontlnued unlnterTiipteiily in uih iis
session from 1-TJ or ii-iM to the time the tint
was broiiKlit, for a period of over tniutj-one
jr.ii-s, it aiquirid a title to pre i.-riptlon, that
their ui-nann fn- tint period of lime was pre
mimed to h.ne been in pursuance of i full nrd
tiiiqiiilifiecl crjnt, nml thit It is Incumbent on
the pliintilTs lo rcht rueh presumption, and,
lilting filled to do so. they c innot reinur
Ordhnrily the ue of a roid oier the lind of
Mi'itlirr, without permission or objection, Is .id
tee, and, if rnjojed unintermiedly for twint
ono jears, (jlte a rlslit of way; mull cn)ment
without eildenie as to how it beiran is pteumid
to be in pursumee of a Rrant. an) the huiilni
of thowins the contrary ben on the owner nf the
land, fjanett ts .1 lekson, 2t l'.l. :uii 1'iereo
s.. Cloud, li Pa. 102: Hemic tt s. IlielclK', 140
Pi u'.si; Iluditun s. W itton, 11 Sup. Ct. Hep.
ee-3.
APPMKS nr.TWIXS INDIVini'M.S.
Thl prim 'le applies between Imliildiiili, and
If this was ,i contest betwein the plilntllls and
one who hid enjoiod in unltitirniptnl richt of
nay iwer their hnds without pennMon or ob
jictlon for our twentj one sens, they certainly
could not rreoui. Hut wlielher the pilrulple
applies .is between a lind owner and a corpn-v
tlon Iniisted with the power of eminent do
in iin is not so clear, and hns neier been spnrifb
rilly ileeideil in l'innt lt.inli is far as we Into
been able to learn: nor his our attention been
ulleel to any derision liohllnq: the affirm itlie.
ll has bren derided that any Mitulorv pro
rfcdint: to aB-.eis dtmaire.s for propertj takin in
the exniii-e eif cmliinit eloirnln tlie statute of
limitation ilo not apply Tlinnin s. lloro.
of e.t ( hester. M Pi. IT.i; MiCllntnn . Hi-.
Co, i.H Pa. 1(11; selcel i:tmslon Co., U'J
Pa 1M; Keller . It. II Co, 111 I 'a 07; Zihn
Hi. Ci , 1(11 Pa (A. In Hitman . tho
Poroiinh, 'harawoeid, .1 , mis: "in lecard, how
ever, to inv aitual taking by other thin rail
road lompanles it rniher k to me tint under
this lonslitutionil prnil-lon fseetinn I, iillele
7, mendments to Constitution, 1-iei) no title
to the land or an easement mer it Is gone with
out paiment of or security fur the dammea.
"n oeiupatlon or iw must be unaided as a
continuing tr.i-pasi f,.r whleh ejectmenl, tie-j
PIns or case will lie unilTrded b the lur i!
the stattitefi as fir as the rilclit ts eonierued.
oth ns but ndverfo pustri-sloti or uo
for IwrntJ one jears would bar the right of
action it-elf."
Thompon, S J., and Williams, !., ronetir in
the nwrrsal of the c ise, but deny tint the
statute of llmititlona is a lur In any rue of
taking under tlie right of eminent elumaiu. It
Is to be nnteel thit in this cise the right of
adierw- ivovon was tint imohid Agnew. .1 ,
fis In MiCllntnn is. I!.-. o : "It Is oij ilear
tint the title to tne pos-esslim of the land Is net
baried by the limitation of six yeais idmve
p.we-.'-ic'n, but onh b twenlc one win imdtr
the act of 17m, nnd, consequently, the notion
of ejectment to lecover a pownston unlawfully
taken is not birrcil by (he act of J71V
In the- i.ne of Zalm vs. 11) Co., the i ourt be
low, Stowe, P. .1., sp.ritlrally helel that the
Ftilule of limitations limiting plaintllT's right
to bring the aition within luentj-cnii' jc irs did
not applv. In commenting upon this point m
tin' ci-.e, Mr. .Iiwtice Pean, in dellienng the
opinion of the Supreme rouit, meel the fnllow
li.g languigi" "The learnid JmUo of the court
below thought that 'the logic and (he interim o
jnd the neee-iry tesiill' ot the opinion of this
romt in MiCllntnn is. I!y. Co, Od Pa till, is
tint v.i 1 1 mid eoiporitlons can acquire no right
bv iidierw po-e.vuon of twrntv-onu jrarn. While
liol questioning (lie rorrrclnesa nf this eonilusioii
when ilriwn from ill that was falel In (hat eiv.
lieurlheli&s, ns a precedent, we adopt the rel
uming of II cmlf m far as It vindiciteii the
point deiided- nnd that wis, in (he langtngc of
Agnew, J., who lendeied the opinion: 'Can a
nllioid uunpmy wllhout a grant, release or
leg ,1 approprlitlon enter upon anj tn.in'n Imd
indens inlens, and then bar his re-entry by ad
,re pov-esslon of fix earn" The answer was
it could not; nnd following whit was Mid in iu
logic d conclusion, the Mine answer would, per
hips, though not nrecRsirlly, bo kImii where
the corporation wt up n iloicnfo cf twenty-one
join ndur-e possession,
COSslPKIIIIP AS SKTTI,i:i).
"In mil cefi oince, notably that of Kell.r f.
It It Co , I'd l'.l. 07, opinion by the preeent
ihlef jiiktic e. the caen, among them MeC'linlon
is rt). (i) . n re very fully considered, and it is
held (hit the general limitation act nf 171.1 ap
plies only to trunnion law action; and further,
that i statutory limitation of six yraia to ait Ions
for damage against railroads was in violation nf
tut Inn 11. ailltle ,'! of (he institution. Theic
fore the law .-w to the ..In jeira utatute nf llniln
tloni in a pro, ee ding for damage against a rall
ro.ul teaiqunj miv be considered as settled. We
aie not Incliniil to at present make further In
quiry, becaue It Is wholly unueiwary here."
And again: "Ami while we do not decide that
a tiepa by a railroad corporation foi twenty
ono jeiw would bar tlie owner from re-cntrv, tt
we do detlrie that a lnful entry, iipproprlatlon
ami exclusive cx-cupinty for twenty-one jeers of
lind, and not exceeding the width ot the lawful
limit, settle foiever the boundary of the civ.
nient " It la (luis en that (he question vvliieli
we are now called iiion to decide la Mill left
open by the Supreme count of (his common
wealth, In the cue of Wheeling 1. It It Co , : pa,
BIS, the pialntlff brought ejectment to reiover
a Ktrlp of land In tint possesion of (he eWrndant
as pirt of lt railroad track. The railroad com
piny took poelon and built it roid in IV,7
nnd eontlnued In the excupancy of iho land until
lHil, when the nrtlon win begun, for .1 perioel
of over tut nt) -one jeats. In lsfrt the nutter
nf Iho n.sM.'.Mmcnt of dimagei ami lielenulnimj
tlie quantlly of land taken was referred to aibi
tiatora, who made an uward of TJi) ebiilug the
Fime )ear, bill (ho avvinl waa iie-ver pild, nml
nothing timber vvat elone until the bringing of
the suit. It was held tint (he Iqw of time
wna not a bar In tlie .utlon, and (hi plaintiff
was iillonid lei recover
Tlie Supreme court, In a per rurlim opinion,
wild! "Thin eue (s not vtr) complex, either
In II futa or In 'he law- governing (hem. The
tnly melhod by which this mmpany, or lU pie-ilecc.-.or,
could anpiiree any right whatever in
laud', wai bv makl'ig eonipnaltlou with (he owner
or owncia Iheienf, or by Hie tender of a bond
Willi mflleltnt neitirlt) lo cover (lie damage
which might mutt from its enliy and occupancy
of th premises, and without i doing or curln
t-a)ment it wan absolutely prohibited from such
entry or occupancy. From this It follows that
them could be no presumption In favor of the
company. It muxl affirmatively ahow lt tight
or tall In Its defense."
This rAte would Ktem to be sufficient authority
for holding that adveno posnelon for twenty
one jeirs would not be a bar to the plnlntlfft'
reioveiy. The point was raised that the pre
sumption In the absence of evidence tim the
subject that the dclindanl In entering upon and
appropriating the land In controversy for Its
road did an In ii rtgulir manner and complied
with the law by giving bondi to the owners;
that Iheie being no evidence In tho ease to re
but, this presumption the action could not I
tiulntaineil. The tourt below refuscii to an hold,
notwlthslanillne the lapp ol over twenty one.
jears, nnd audi retui was algnid for error;
but the cue was affirmed.
coti:ou.i( m:soNS.
We think the reasoning npplicil in tint ease,
governs the question now brforo tu, nnd, not
withstanding the rmtlnus languano of Mr. Justice
Dean in Zalin vs. Tty, (Vi , we are of the opinion
that the weight of the utithntltirs we have cited
Is In favor of the plaintiffs' contention, and wa
hold that the continuous and uninterrupted poj.
fc&elon and use of the limls In question by tho
defenelint for more thin (w-enly-ono jears cannot
prevail agilnst (he plilntlfl'a title.
However, counsol for defendant argues that
even If the authorltien austaln this proposldon as
agelnst n railroad cnmpiny (he) do not apply
In (his cue against the defendant turnpike
company. Whlln (hey Inve receded from their
position tint (he defendant Is not Inve-sted with
(he power of eminent domain they claim that
tho ci.ra rclidve to railroads are not in point
for (he reason tint a nllrnad company, under
tho ait of 111 nnd the other generil nllroa.l
nele, tm only nequlio an casement, not nn In
terest In laud, and the nnl) wiv II tan .v-qulre
it Is bv eondemmllon proceedings or by an
agreement with tho owners and pivment theie
for; that t rillrmd tompiny his not a right to
dke and hold the land In fee umhr the general
rallinad laws ef Penns.vlv.inla
While the turnpike c-ompiny. umler the act of
119, has the right "of purchasing, tiklug and
holding lo (hem nnl their successors anel Aligns,
and ot ne'lllng, lr.inferrlng and vnnve.ving In fee
simple, or for any lew ctite of micli lands', tene
ments, hereditimrnts and cslitc, rral and per
sonal, as Mi ill be neeessiry (o hive in (lie trans
anion of tliilr work "
Tint hiving this right (o purchase in fee sim
ple, tho presumption of a grant where tlie com
pinv iMciiples the road for over twenty-one yesn
without ex le'ciic e of unv arringemrnt between
the owner and the mnipinr when thev like po
tenalnn, is all sulfleient evhlenei- to defeat tee
plilntluV flilm in this cav.
V do not think this position Is well taken.
The defendint compuiy w-as Inonriiorilrd by x
special act of asyctublv, approved March 1, 17(1
(P. I, '!'"i), "subject to til iho provisions and
restrictions, and entitled to all the privileges and
rights of m ut entitled 'an act regulating (urn
pike rempatiics,' approved .Tin. ".'H, 1H. and (he
sen nl Miiplrmcnts (heretev, so fir as the same
are not altered, supplied or otherwise provided
for In (his ait " Til" sixth see I Ion of (he act
referred lo, I in 2ft, 1M1, confers upon turnpike
companies the tight of eminent domiln. anil (lie
flr-t section ot the supplement of pril 7, 1P
(P. I, tfli. provide for the piiment ot dim
ages. Ilink Ttoid Co vs Thomis, 2s pa 01.
Pi we hive the turnpike compinv with the
rlghf ot eminent domain and nlo the riiht to
piinhie linds In fee simple; but we think a
rillroid eonipinv his the same rictd. ettlon
S. of the generil rallrmd act, Keb 10, ll!i (P.
1 7li). provides that rillroad companies organizcel
bv ait ot avembly pasnl subsequent thereto
"vhill hive perpetuil suecesi'n, wllh all the
privileges, franchisee anri immunities incident to
a corporation, nnd tie ible to sue and be sued,
plc.vl ind be Itnpleailed, in all courls of recorel
and elwhere, an I to purchase, receive, hive,
hold, u-e and enjov to thrm, nnl (heir mioicsvus,
goods. chitlls and cstile, real and personal, ot
what kind and niture soever, and the same trim
time to time to sell, ei'hinge, morlgage, grant,
alien, or otherwise di-pote of."
l.v it.i; simpi.i:
SVrtion 10 of the sinio net gives such railroid
onmpinles the richt of eminent ilonuin. We
think (he linguice ot (he ait of 1M1 Is sutl
cienlly plain lo give lo railiovt compinies (he
righ( not only to a, quire lauds which may ho
ni'i-eisir.v for the ootislnietlon of their roid by
the power rf eminent ilomilu, but alo the light
to acquire such limls bv puuhie, mil we have
no elouhf tint Ihey mi) like title In fee simple.
Kvcn If the right was not cxprewlv giien in
this ait, ,cl we think Ihev would have such
right bv implication It wis held In Mi hoi vs.
II II Co., 12 . V. 121, tint it is a power im I
dent at common liw to all corporations (o pur-chi-e
linds unless rcttilnrd by their c hirter or
bv Hatutc. Pint such power was exprihsl) enn
ferieel b) (heir clnrter In (he following Ian
guige: "Holding, pun lining and eonvevlng
sue h ml est lie as (he purpose of the cotpora
li"ii miv nqulre" In the absent e of express re
stne lions a corponlloii Ins the power to pur-cha-e
and hold real ci-tito whenever it Is roison
aid) neerary or eemvcnient (i enihle 11 to
a'ei omplish (he ohj--et for whhh il wis treated.
7 incr k Kng. Ilccvcl of Law -2d IM , 7K1.
railroid company may nblaln right of way by
punliKo from the laud owni r. Ibid, I2. It
In i) neqmre title in fee simple Ibid, 5U We
are, therefore, of the opinion tint the respective
rights and powers ot rillroid eompiuies and turnpike-
compinif-s arc similar, and vve cm see no
reason vvhv the authorities whleh apply to rail
road compmies tiklng hnds for the purpinses
of their roid do not applv lo tho drfendjiit
turnpike compinv Willi equil Weight.
Inismii'li as tho def'-ndint lompany has been
in (he uninterrupted possession and confinuoiw
use of the hnel In queotioh without inteifcience
on the part of the owners slnie it originally
went inlo posesion, it vvoulel not be equitable
(o elepnve (hem of i( now. Tor it is, as we
understand It. the purpov n the plalnllfs to
attempt to aetuillr takin lieni them the .im
ot this strip ot lind in question. The aillon is
brought liy them In compel pivment of d images
fir the taking of the land. Tneler the niitlinritlra
we have the right and power to slay the execu
tion for a siiffk lent Imgtli of lime In enable
the defendint to hats' the el.imigca flveel and
aseertameil bv proper eondeninitlon proteedings,
upon pajnunt of whlih the Judgment may be
nleased, and it Is our Intention so tu eio It
Judgment thall be finall) entered in favor ut tho
phlntilR
oniirn or -i in: enrur.
It is ordered and elirreied that tills decision
bo filed In the prothnnotar.v's ofllie, and that
nolle o of smh filiiiT on him be forthwith given
to the pirtles or (heir attome.vs, and, if no ex.
millions thereto are filed in fa hi offW within
thirty ilavs after slid notiie slnll have been
servcel, then Judgment to be entered igalnst (hi
de fendant and In favor ot the plaintiffs for Ihe
land described in Ihe precipe and writ, wlih
costs of hint, on tills condition, however, tnat
upon application on the put nf defendants a
all) nf execution will be granted for a suffii lent
length rf (line to enable It (n e iiise (he damages
to be legillv nscertalned b) eoinlemnatlon pro
ceedings, and upon nid dimagcts as so legally
aseerliined being paid l Ihe defendant to the
plaintiffs, then ild Judgment to be released;
otherwise to riiniln in full force and effect
John P. Kelly, A. I,. J.
Made Varied Bequests.
Tho will nf the latp Annie Connolly,
of Carbondale, was piohated yester
day, by Iteprister Kneli. It contained
bequests as follows:
To St. Hose of J .linn ehureh, Car
bondale, $100; to Hew T. F. Coffey,
for masses, $ir.O; to St. Vincent de
Pijul snelety. $25; to her sister, Kllen
Hiennan, 5100; to hep nieces, Annie
liteniuin and Mrs. Catherine Wlie, $100
each, and Mrs. Mary Holnnd. Mis.
Catherine nyne, Mrs. Hrldget Connell,
Mrs. Annie CJrlflln, J50 each; to her
nephews, IMtilek and Prank nrennan,
JM1 eaih: to her cousin, Mis. Cather
ine McDonotiBh, -00; to her god. son,
Michael Mc Ponnugh, $100.
Her cousin. Patrick MeDonough, Is
named ns executor. The will was
made July 15, 1001, and was witnessed
by James J. O'Neill ond John It. Far
rell. COURT HOUSE NEWS NOTES.
I.uke llridle), n vclenn o Company II, Ono
Iliimlred and Seventy-seventh I'rnns.tlvaiih Mill
tia, vvaa .veslerdiv graulcel a pedrllcr'a license.
The healing cm the rule In show- faiie why
an injunction should not be grantid against lh
Crosby hiird)-gurdy near Nav Aug park will lalo
plate Oils morning at 0 o'clock before Judge J.
W. Cuiprnter.
The bond of trfwla MeClnskey, (ax collector of
llinsom tiiwniliip, wat appioved lotrietay by
Judge J. V. Caipentcr. It ii In the turn of
7,(1 and Ii" u surctlik J, M, I.aeuo and M.
W. Petty.
REUNION OF
BATTERY M.
ARTILLERYMEN MEET AT NAY
AUG PARK.
Thirty-second Annual Reunion of
"Schooley's Battery" of tho Second
Pennsylvania Artillery Was Yes
terday Held at tho Park Election
of Officers nnd Literary Pro
gramme History of the Battery.
Saw Service Under Grant In the
Petersburg Campaign.
Nay Aug park was yesterday the
peene of the thlrty-fiecond annual re
unton of Htttlcvy M, of the Second
Pennsylvania artillery, known ns
"HeiHioley's Hatlery," ond throughout
tho day the" pavilion at the eastetly
end of tho park was thronged with old
esoldlc.", their wives nnd children.
Kvery succeeding reunion finds the
ranks of tho battery diminished nnd
thero Is n resulting vein of sorrow
which pervades the general gaiety nml
enjoyment of the gathering. Never
theless the pervading spirit Is a feel
ing of light-hearted good comradeship,
whleh Is manifested In the simple yet
thoroughly enjoyable programme al
ways rondei ed.
Yesterday there were In all about
ono hundred pernoni prcent, of which
number one-third were memhers of
the battery or of the provisional com
mand to the Second Pennsylvania, or
ganized shortly after the Second's for
mation. Major David Schooley, tho
well-beloved organizer and llrtt cap
tain eif the battery, was unable to
I'lime up from his home In Plttston to
attend the reunion, but several other
of the commissioned officers were In
attendance among them Lieutenant
William Oee, of Plttston.
A business session was held In the
afternoon nt which the annual election
of ofricors took place. William K.
Davis, of this city, wax lee'.t prrsl
dent to succeed I.. II, Wlnt, and S. S.
Wlnt. of this eitv, was te. elected re
cording rcci eta ry. Joseph Itarnes, of
Plttston, was elected tteasuier; John
Tench, of Plttston. vice president, and
H. J Kvnnes, of Plttston, coriespond
lng secretary.
Following this was the literary pro
gramme which proved of an exceed
ingly Inletestlng nature, Joseph Alex
ander, of Carbondale, read a paper
which treated of the history of the
battery fiom the time of Its founatlon
in Plttston, up to Us last light In the
Civil war. John tone, cf Dunmore;
C. K. Hryant and the newly-elected
piesldent, AV. 11. Davis, all gave Bhort
addresses.
OLD TIMK BONOS.
One ot the mei.st enjo.v.ibh numbers
on thu programme was n solo by Ben
jamin Kvans, win was called up m
for a song nnd In niis'is"- responded
with i l.unlllar ladi-d wii'th he ha 1
sung many a tlm" at t'tin-j hies, whll
the h'lttery was w iltlng i ,i'ti'tly out
side tl.e fortltlcall j-,s cf Pe.eisbuig
As the well knovvi air w.is l.card, the!
old so'elleis ."vt.-!!?1!! -nc'! tl.inFel"s
up and bent martial time until the
ehoius, when one and all Joined in the
refrain, nnd though some of their
voices were weak, nnd others, may
hap, n trifle high, the effect was mi
perb. nnd only equaled dating the day
by the fervor with which "Schooley 's
boys" later thundered forth the In
spiring words of the "Star Spansl-d
Banner."
Among those present at the iunlon
were: Lieutenant anel Mrs William
Gee, Mr. nnd Mm. Allan J. Eggleston,
Mr. nnd Mi.s. Samuel T Davis, Mr
anil Mrs. Ira Oordon, Mr. and Mrs.
John Barnes, John Tench, Mr. and
Mrs. S nnlcy Crooks, Mr and Mrs.
Kvan J Kvans, Mr nnd M;-s vk-orge
Chnmr.erlnln. Mr. an1 Mrs. Jan.'; Orr.
Mr. rnd Mrs. H. J. Kvam. Mr. and
Mis. Daniel Howell, of Plttston; C. E.
Hrjant, of New Toik: Mr ami Mrs.
Menltt Tompkins and David Smith,
of Clark's Summit; Mr. and Mrs, John
Iluth-i, o Watsontowir Jc-eph Al
exander nml K. G. Hughes, of Car
bondale; Mr. nnd Mrs. Charles San
ders, of Avocn; Washington Spangen
hurjr and John Stone, of Dunmore;
Hron Mott. of Holllsterville; Henry
l.aBnr. of New Mllfoid; Mrs. William
Tlnklepaugh, of Phoebus, Vn.; L. H.
Wlnt. S. S. Wlnt, Mr. and Mis. Daniel
T. Quick, .Mr. and Mis. W. L. Davis,
of this city.
Beside these theie were nlo pres
ent n number of ladles, whoe hus
bands, now cleteaK-d, vveie members
of the battery. Aiunnar them weie;
Mrs. Kmlgh, of Plttston, whose hus
band wn a lieutenant In the piovls
lonal; Mrs. George Hill, of Mooslc,
and Mrs. William B. Phillips, of this
city.
HISTOBV OF THE COMMAND.
Tho battery was originally organ
ized in Plttston' as an Independent
command but was later mciged Into
Company M of the Second Pennsyl
vania artillery, and was mustered into
the I'nlted States soivlce Aug. IS, 18(52
Tho first officers were Captain David
Hehoolej ; tlr.st lleuten.int. W. S.
Cook, of New Mllford; second lieu
tenant, William Gee, of Plttston. Cook
died at Fort Delaware befoie the bat
tel y saw any t-enice and his place
Mas taken by A. P. Barber, of Pltts
ton, who later became captain, when
Captain Schooley was made n major.
Befoie his death he was n well known
meichnnt In this city.
Fiom October, 186.', until tin, spring
of '61 the regiment saw no service,
being stationed at woik on the do
fences north nnd south of the Potomac
and ut Washington. The provisional
command was formed and Joined the
Ninth corps, Atni of the Potomac, nt
SpottsyUnnla, and sened in tho Rich
mond campaign.
The original command Joined the
provisional In June at Cold Harbor,
and afterwards was assigned to the
Eighteenth coips, which served
ttuough the Richmond and Peiersbuig
campaigns, under Grant, nnd earned
Itself a leputatlon for reliability and
daring.
Battery M lost heavily during those
two terrible campaigns, at Chapln's
farm a Confedeiato i-hell killing two
memheis of tho battery and wounding
fifteen. Allan J. Eggletnne, one of
tho.se who attended jesterday's te
union, had one of his hands cut off
by n flying fragment of the shell.
Thero were one bundled nnd forty
men In the battery when It was mus
tered in, drawn from Scranton, Pltts
ton, Ciuhiindiile. nnd other places In
tho vicinity, but theio are now only
about seventy left.
The regiment saw service at Bowling
Cieen, Cold Harbor, White House
Landing, Petersburg, the cseventy-thiee
days' siege of Peteisburg, Bermuda
Hundred, Chapln's Farm and Fair
Oaks.
IfVyWWWMWWkVWUWiWlnMnalVWi
Our August Sale
Still continues. Wc have some bar
gains left in Glassware and China
Conceits, too many to mention. Come
in and see.
yxvaTVlW .,
Geo. V. Millar &
mMwmwmmwmmmmmm0
jmmS
?-7:wi
The Celebrated Hlnstic Felt Mattress made by The Scri.Tl.0n Bed
(Imp, Compnny. We make and sell all kinds of mattresses, pillows,
box divans, cushions. We carry larpe stock of line Brass Ulld Iron
Beds, the best made. Wliltcomb and Bernstlcn.
Upholstery. We do the best in town. Let us fix up your furni
ture now, wnue you tiont need it
Lackawanna and Adams
WHERE TO GET DENTAL WORK DONE
SBfm,
The Albany DENTAL Asssociation,
Under the management of Dr. G. E. Hill & Son, is the place
to get your Dental work done. Dr. Hill & Son have built
up a large business since they opened here twenty years
ago, and the reason why they have done this is because
they do the best work at prices within the reach of all
classes, and give each patient their special attention. Call
at their rooms and be convinced of what we say here.
First National Bank BuildKng.
Sale of Dishes
We are conducting a Special Sale of our
great Stock of
DINNER SETS, TEA SETS
and OPEN STOCK.
These goods are of newest design, beautifully deco
rated, and are marked priced lower than similar goods
were ever offered in Scranton.
J. D. WILLIAMS & BRO.
312-314 Lackawanna Avenue.
See the Window Display.
TIip provisional uliloh suffered ter
1 1 bly niul biniiRht hnck only two hun
elrerl ami forty of Its fifteen huntireel
men, fought at Culpepper, the Wil
derness, SpoUsylvnnlM, North Ann,
Hethfedu church. Cold Harbor. Siege
of I'eteisliiiin, Hleliiuond, Chapln's
Faun und the full of Illehmonil.
Next ear's reunion will ho nKnln
held at Nay Aupr pat k, which has been
the cM-cne of the annual gatherings
several times in silices.sion.
POLICE AND ALDERMEN.
Ilirry Iluon, ,i lad almiit 10 jr.irs eiM, wii
eominltlrd In (he cuiiiil.i jnl ersluiliv in tic fault
ef V I'lil r'lmre'il In MuMralP Millar, lie
U clurec'il s it It Hi.illni: " Irom lm Rnmlinnth.
tr. lrs Ti.it i-. ami i mii i In- nn urrlcililo
Mis. 1 R llairis .ersirrdaj cauri the irrrtt
rf Mr. ami Mrs .Inhn ('ulon, on tin- tharcc nf
nijtllt.iininc ellnorilcrlv I1011.0 in Iho roar of the
eiiO block of I'cnn aieiiuo Milrunan ltu'lely
hold tin in racli In f I'l hall for the ir appoaianee
at court.
n,li fVinl,, to,' Tolo ami riml, Krmincoli,
throo .tonne li. . wne arrrlrd costrreliv at Ihe
liistaiiec of II. Porter, who Vrei a rime ulinp
at tlie cornor nf Hino tlroot and IVnn at nine
Iho.c oro thiritod ilh hroikine u window In lui
flmp a tow ilaia au-n Aldornian lludilv clii
chnreoel thfin wllh J nprlnnnd.
Charles Wnti-M, i 'iiih vianton lunk tloal
cr, trslorcJav had Morris Mine, another Junk
dealer, anetoel on the thirst of file pre
terisOH. lie ilannnl nj a liearlngt hofnre .hlor
nun lliitlih tint Kline nhl him noioral hilos
of jiaper, clalmlntr lliem lo he a certain welslit
When he weiuheil them 1'lor he louml that llulr
n.'ielit was one thoii'iul pniinde less thin what
Kline rlaimoel it to be Alilrmiin Huddy held
Mine In pO) lull.
35th National Encnmpment O. A. R.,
Clevelnnd, Ohio, September 10th to
14th Inclusive.
For the above occasion ticket agents
of the l.nckaw-anna railroad will sell
special round trip tlikets to Cleveland
and teturn nt one way faro for the
round trip, tlikets to be on sale good
going .September 8th, !th, 10th, 11th and
12th, and for return tip to and Including
September Kith, except by depositing
tickets with Joint agent nt Ce eland
on or before noon of September 15, re
turn limit will be extended to leave
Cleveland not later than October 6th
on payment of Sft cents extla. Stop off
at Murrain will be peimltted on the re
turn ttlp by depositing tickets with
Joint ngent at that point nml payment
of one dollar, piovlded the same Is
used within the final teturn limit. Chil
dren between the nges of 5 and IS ono
half of the above, rate.
Prompt delivery In hot weather does
much to keep a person cool. Order your
Ice cream at llanley '6,120 Spruce street.
Co. '"S!"""?'
THE PERFECT MATTRESS.
Both 'Phones
EDUCATIONAU.
Free
Tuition
Ry a recent net of the legisla
ture, free tuition Is now granted
at the
Literary Institute
and
State Normal School
Bloomsburg, Pa.
to all those pieparlng to teach.
This school maintains cnuisefl
of study for teachers, for thosej
preparing for collegu, und for
thOM- studying music.
It will piv to writ' for r'r'leulirH.
So other chool offon sueli kuperior at).
cntage at Midi low wii'.v .Wiliest
J. P. Welsh, A. M., Ph. D., Prin.
CHESTNUT HILL ACADEAW
Wissahickon Heights, Chestnut Hill, Pa.
A tio-inlliif; nchool for boyt in the elevated
and beautiful open country north of rhlla-d-lphla.
jo minutes from llroatl St Station,
l'or catalogues address
JAMES L. PATTERSON, llead-Maittr.
Ts'v
The PeiinsjlvanTii State College
n ruitniiiiiion of undhliles for idmlwion will
ho hold at tin llish m linol, ucKla.i. Aucust 27,
l'ni. Ixu'iniunir at ' a m
Pr M Y. WadsHiirlh, ut foienl joart Direc
tor of the llniiuluoii iMuhliMiii I oIlfSE rf
Mines, Iih ae.cpiril an appulutmcnt a Head of
Ihe Mining Urpiillinnl -
The fall Mission oprni Si-pi, ml.tr II, 1011.
I'm i al ileiuup, hpeeiuiin of ftnnor eeimini.
tion piiirm, or oilier liiformitmn. adeln'st
Till: lli:tlsrilll, Male Cullrue, Pi.
Tuition Absolutely Free.
PrPf "' ,l"' '"' wrmi'MuirB Mat Normal
ww S1O0, Kail lonm opom Sept in, imil.
The OoMinor hat flfiird the hill urjnlini: ft,
pedal appropriation to tila mIiwiI, a well
the-hill intkinK tuition flee. For full pirtlculm
addrcrt
GEO, P, BIBLE, PRINCIPAL.