THE SCRANTON TRIBUNE-FRIDAY, AUGUST 30, 1901,
PZ
ALL KINDS
OF SPORTS
GOSSIP OF THE DIAMOND AND
THE TRACK.
Inse Ball Game Between South
Scranton and Mlnooka Tomorrow
Afternoon Doings Among the
Local Bowlers Gient Work of the
Third Basemen of the American
League Gossip about Ciack Cy
clists of the Country Bowling
Lengucs Will Soon Begin Work.
Tomoiiow aftoi noon's name nt Atli
itlr pmk has bri'ii anticipated with
the liveliest Inteiest by 1opis of the
ame tlirotlRhotit the c mitral city nnd
IlinHiK.i. South Scnintnn's stiutij? nlnn
ill meet Hip .Mlnmikii boys, ntid n
Keen Is Hip lln1l elstlntf bptwppn the
two t"iitns thiU Hip battlp will b n
tlptoply contested oiip.
The wiiin "f Sl") a Hldo has been put
Ui mi Hip kiiiiip. and in addition to
till1 the uiimliiK cldp will take Hip
pate tecelpts, which ptnnilt-p to lip eon
Mdoiahle, as bit; delegation of loot
ers will aiionipany both nines to Hip
path. Jop Weir, captain of VIII, i
Nova's team for next ear, will be In
hater of the South Sldo tram. I.po
Crosjln will occupy the box for the
nine and Is to be held by Wlitli.
Bnso Ball Brevities.
Krank Dillon, who played (hot luf
In the Atlantic league when with
Martv Swift's local train In 1W, ne
rcpted twenty-fhp chances at tlist
baie for Detroit Tueclnv In Hip Kieat
llfteen inning panic with Huston, which
the latter won, 2-. Kid Sli inn, nu
other old Siranton placi, put up a
splendid Kamc nt .second base, whew
lie took Hill teen out of fourteen
chancci. (Jlensnn Is playing a magnlfl
cent game this season, fleldliiK bril
liantly and hatting haid.
The American Tongue Is stronger
than the National In the matter of
Eiiaidlaii'c of third bae, undoubtedly
having the best thltd basemen In the
(oimtry in Its circuit. Cross of Phila
delphia, on several occasions led the
National league third basemen hefoie
he Jumped to the American. The woiU
of Jimmy Collins, of Hoston, always
served as a ctlterion for other playeis
of the position when he was with
Selee's team, nud since he became a
manager himself It hasn't ietrogiesed
a hit.
Biadlpy. of CIpv eland, and our own
Hill Coughlin. of Washington, ate two
of the fastest lnllelders In the countrv,
while McCJraw, of llaltlinore, has long
been conslrfeicd one of thp stars of the
game. T.lttlp Casey, of Detroit, hard
hitting Louie Hartman, of Chicago, and
ouns I-"! lei, of Milwaukee, complete
the gicat quartette of players.
Bcvk, of Cleveland, accepted twenty
chances without an error In the two
'garnet with Washington, Wednesday
Tourteen of them wore In the second
match.
New Yoik irhiirii'cted Van Hnltren,
Wrdnesila. ami pullal him Into the
box fiom center Held. Poor old A'an
received his buinp.s for fall, however,
and Hip haid-hlttng pet.s of Slow town
made him wonder why he i vt i left his
Minny pastuip In (enter Held
Conny Mack has landed Clutter
Steelmaii after all, bu.vlng his icleat-e
fiom Hartford. The jouncr backstop,
who formerly played In this tty with
r.chmond. will strpngtiipn Hip Athletics
and relieve hard-working Powpi.m, who
hn. (aught almost all of the teams
games this oaon.
The Philadelphia Athletics now in
clude three, mcmlici of the lllehiiioiid
team, Atlantic league ihamplons of
lx'i;i They aw Steelm.ni. Dolan and
r-rjbnlil. Other meinbeis of that splen
did team now In the big league hip
Donovan. IStooM.ui's winning pttcln r,
and Chesbro, of Pitt.sbuig,
Bowling Chat.
The bowling season opon next month
.nd local enthula'-ts me eageily nun It -ng
the opening matches In the league
.ournaments, Tl'ie majoiity of Set an
ion alley.s have been put in ieadlnep
for the fray, being planed and genei
ally repaired.
There Is likely to he an eight club
circuit this seas-on, which will include
two teams from the Scranton ISIeycle
club, two from the Green nidge Wheel
men, oiip from the Kll and one from
th Backus alle.v.s
The tournaments last ear aroused
meat interest In both this city nnd
Wilkes-Banc, and thtie Is no 'doubt
that this season's vvoik on the allp.vs
will be followed jut as clo.se.
Among the Cyclists.
Jimmy Mithnel, the midget member
of the Ameilean Bicycle company's
Columbia racing team, Is rapidly ie
galnlng the form that made him the
Idol of the race-going public it few
j ears back. He showed one of the
traits that has helped his popularity
or Monday night last In his lifteen
mlle race with Floyd Mr-Fat land, at
Madison Square Harden. As the
Welsh Rarebit completed his eighth
mile, McKarland's pace went wtnng
and Michael swung tip the bank, rid
ing so as to give the Cullfotnlan half
of the benefit of his pace. Such an
exhibition of generosity has been sel
dom seen, and the Immensp audleme
was not Mow In showing Its apprecia
tion of Michael's act. Michael bioke
all Indoor recoida up to eight miles,
Bonds
and
Investment
Securities
u
tc
$t
t
v
If
X
If
If
If
If
If
tt Broidiriy, N. T.
If Wllkti-fine. Citbondale,
.. 4 (-6 Conunonweilth bld'ar, Scranton, Pa.
iittaiitatititoti
Jp S- sW J
f DEALERS IN J
t X
when ho slowed down, having suoh a
big lead that there wan no necessity
for lecmd hi caking. He took Stlnson
Into camp at itoveie Beach on Tuesday
winning by over tlirec-qtiartcri of a
mile In n twenty-five mile event.
Michael will tide at Manhattan Beach
on Saturday ugalnst Wultliour and
Stlnson.
Tom Monarch Coopers' condition this
year Is a surprise to eveijnnc who has
follow id the history of cycle racing.
Foi n man It) be ho long a follower
of tnitng and to still retain the speed
and possss the physical endurance
which cliatartetles Cooper's wink, Is
looked upon a ulniply marvelous.
Cooper Is n tepiespntatlve of the old
style of racing, being a prominent fac
tor In the days when a mile used to
be considered very fast could a man
do It In 2.S0. To be nblo to equal the
speed of each yeai's new arrivals for
so manv i onsp nth years, and he
able to stait In the 1101 circuit and
lead such very fast new men as have
tome Into the Held, Is all the more
surprising. In these days when a man
Is often pushed to a mile In 2.05 or
better, It Is temarkable to find Cooper
the 111 st at the finish. Taking It nil
in all, Cooper Is the most consistent
l.ei former on the National circuit to
da. YOUNG GIRL ARRESTED.
She Is Charged with Selling Liquor
Without a License, After Her
Mother Was Sent to Jail.
Kiflepn-yeai-old Hllen Cook, of Mln
eial street, wns ai rested last night by
Lieutenant of ToIIcp Fceney and Pa
trolman Potter, on the charge of sell
ing liquor without a llcftie.
She Is the daughter of Ml. Bridget
Cook, who was niwsded last Monday
night on the t-nnie chaige, and Is ac
cused of cat r lug on the business since
that time. She wns t pleated on ball
furnished before Aldetman DeLacy,
and will be given a hearing today be
fore Magistrate Howe.
CITY NOTES
4
HCIIttr. I'MY -The .unit. Women's Cath
olic club will (di rue In c at the old aimori,
Oct. S,
PXMII.Y HMNIOV reunion of tho Clark
family will be helii at Millrr'n i;re, l.ilella, next
Sum day.
PICMO MONnVY. The North Vain Km
Uplfat church Sundav xhool "ill lulu a picnic
Monday at I ake bcranton
TllROtC.lt rl!S -IfeKlnntnir Vnnibv the
Scranton Hailwai rompmv will i uti lars thronh
hem hero to ( arhondalp wltlout ihangc.
P It PVs -!!, P-laarp an.t llmbon
roniiianv paid irttrnli) at the (ollontii!: lolllpt.
ic. Iloslon, I'hinoiilh o 2, .1, and o.
.10INT KVn'It'KlS -lh 'nltplinwn'n union
and l.tvvrt ri. r Itancl will nondui t a joint ex
curion to l.aLe lontrlh utifli;, spt 21
IMfnKII BY I All. HP IIO K -Mplin
(Vlilrr, cf .Irvup, a lahon r at the Mt. Irni
colliery, m caogtit under a fall of rock ,.m
trriht and tulalned a compound fraeluro of
the left leg. He a I lk.n to the I ackauanut
hospital.
I'VMIIA li:t MOV The Clark famili lotrn-Mi
will W held Silurdic, iiii. .!l. In Miller'
Rior I della II !. hoped that err. tirinih of
the f itml v mIII bo rpiprntnl, Mi. and Vhs
lud-on Clark, of V'cbraka, haie oonie on to
attend the pitherini;.
DllllfT (Orvt'lf, Mt.r-'lhe ditrl(t mini
ill of levtile woikcm met ht nichl nt initnt
Oiihr I nilid Workmen hall and ti.intet(d
lni;o nniount of routine tuilnef. N.iil mat
teiw of Jmpoitnncc to the silk woiker- of the il.
r dinued.
I.MIiill 1IVY I'XCI It-lov 'Ihe fentril I ihor
union i bo-lv prtparniK fir Itn hie l.cbor Div
rviuolon, Vlondn, to I uko l.odou N,.orat
labor leadeis of prominent o &ie ixpeitid to be
nriftit and eurvlhlii? iiulliaus tint tin- uttair
will be a Bieat 5ui(frf
OIIMlfJI.n WITH Till. IT -Onrlej l'iZer w
titdjf tamed the ami of Mm hael VliVultc. en
tho cliarife of Muein Ihe tco nun lud beui
roiiinmi; tOKether on '-enntnn Klrtt, and filler
claims that MiViltv ren od i.1 lioiu hn
clotlirs V Nuln will te mien a lirartng tlm
niaiiilnc 1m fore V(amlrati Howe
I)0I'1F.I Till' l'l VVS Ihe plnn of M.hl
tut nutheiford, fur the neir ihinih of the (irace
I utheran i oniecation to be erertnl at I'reeott
aveinio nnd Jlulhi rr ilieet. vni adupied In
the mcmbeis of the church tdindn iluht, an 1
the conliait aw irile.l to K s illume 'Ihe
net of cnmttiKliou will he 7,'"il llif building
ia lo be cumplilid bi Jan 1, Vtl.
A MV,- Of ItDjl II l- lilnh mi. of re
quiem .n unlrinmriil at 't l'ilcr' lalhedial
jevteidav morning fur tho lepoM- of the mill
of tlie late le. I .1 Maetinlduck, who died
Jtit a .ar airo lira" number of the pir
"onal friend of the dead print wire In alletul
hnte. the ofneer of the una weie a folluwc
Cilibrant, lte, 1'alher Ollnne, iImcoii, He.
J I r.rithii: ml. de i Ite II I llu.tln;
tna-ter of ccrrmoiiit'. Id .1 0 Keillj
VVVI'M. roWI.VIKiV Hi. ..ninth annuil
coiim'IiIioii ol the I liil.i in and Ml.uuiai VI
lianie of Voilheilein IV nu. una will open mi
uodjv liuiinlnt- ii. v t llu irclie will be li'hl
in a tint eieited for the piiipo.i o-i Ittriinni
meniii.. lomer of f) hware hinet, fiitiu llidn.
The iliifireut ri ptifcenMtm of the bome and
f.inun tlld are ei.. l . .1 to be ill present fir
the opining semen, ei ept tin piildeni of th
.iiil(l, l!e A II iiiiwnii, who l not evpni
td unill 'Ihiiirnhv 'llu ini'.'loii.iri ollirln will
be leiihi'il at tin. rti o of the eouiinliuii,
''I't S.
To the Reiublican Voteis of Lacka
wanna County.
Notice Is hereh given that the fnl-
lowlns; n.imed have irglMeied as tan
dldates fur the ItepiibUcui noiiiln.itloii
foi the lespectlve olttccs named, and
lltelr names will appear on the offli lal
ballot for the republican pilmaiy elei .
lion to be held on Sept. 16, lflOl, be
tween the liouu' ot 4 and S o'clock
p m .
Fur Additional Law .Indse .laines
Wheaton fnrpcnlor, 1M8 Del.iwaie
fitieet, Scranton, Pa.
For County Conti oiler K. A. Jonce,
Arehbald, I'a.
For I'oroner John c. Hateson, M 1) ,
317 Washington avenue, Seianton, I'n j
John .1. nobettP. M. 1).. 225 South Main
avenue, Scianton, I'a.
For riurveyoi tleoipe 13, Stevenson,
Waveily, I'a.
Hach pteelnct will also elect the
Vigilance Committee at the said pri
maries. DAVIT) .1 DAVIS, Chaliman.
K V. F13LLOWP, Seetetary.
Wyoming Stminary.
A large and well equipped boarding
fcchool. Kvery modem convenience.
CertlflcateH accepted by all colleges re
ceiving Htudent") on ceitlfleate. Large
dcpartmentH of music, art and oratoty.
molars couif-e for Htudents who do
not wish to prepare for college. MOO a
year. Year opens September 11.
For latulogtm address
L. L, t-piamic. V D .
Kingston, ra,
ESTABLISHES CLAIM
OF EMINENT DOMAIN
Judge Kelly Decides in Favor of the De
fendants in the Celebrated Rocky
Glen Injunction Case.
In the case of the Ilocky Glen Water
company against tho Scranton nnd
Northeastern Ttallroad company nnd
others, Judge John l. Kelly yesterday
banded down an opinion declaring
that the company ban the right of
eminent domain and Ii not to bo en
joined from following It adopted
route thiottgh the lauds. of the plain
tiff. Tho opinion decides that after a rall
tond company has sent engineers and
surveyors over lands to make ptelliu
lnary surveys for a route nnd the stit -e"ors
mark out one or more toutes
and teport their vvoik to the board of
dlrectois and the board formally
adopts n route, .such adoption gives
title to the railroad company abso
lute, as ngaln;t other corporations or
thltd pai ties, nnd conditional, as
against the owner of tho land, which
conditional title, so acquired against
tho land owner, may be afterwards
ripened Into nn absolute title by mak
ing conn ensatlon to the land owner
or entctlng sectltity for the damage,
accotdlng to law.
It further decides that after n route
has been ndopted by the board of
dliectois, tho englneeis of the com
pany can not change or modify Mich
i cute, and that If the owner of the
1'cnd conveys the propeity subsecment
to the time of the adoption of the
route the title ncqulied by the railroad
company by their act of adoption be
ing title to the land coveted by such
adopted route only, the act of adop
tion gives It no right as against the
Innd owners' vendee to build upon any
oiner portion of the lands.
The raue of action and contentions
of both parties aie set out succinctly
In the opinion, which Is given below In
full. J. 10. Hutr, Joseph O'Hilen and
H. A. Fuller, of "Wilkes-H.irra ap
peared for tho defendant. The plain
tiff was tepresented by 13. C. New
comb and Major F.veiett Warren.
The defendants are extremely giatl
fled at this hecond attestation by a
coint of the tight of eminent domain It
i latins to ptoperly exercise, but which
has been twice attacked, the former
attack bMng In the case in which
Avoca botougli was the plaintiff.
JI'DOi: K13LLV.S OPINION.
During the year 1!00, nnd until Feb
ruary :!(, Viol. Annette Hevnoldcs was
the owner of ceitaln lands in the Inn
ough of Mooslc. On that date Mie made
a deed of the same to the Iloeky Glen
Wntvr company, plaintiff, which dcnl
vwi.s duly recorded on Apill Jtl In the
pioper oHioe. The plaintiff company
obtained ll chatter on Februai.v 11.
It'fll, "for tho purpo..e ()f supplying and
fiunlhlng water to the public in the
boiongh of Mooolc," and on Febiuniy
1.1 the stockholders met and forined an
organization, nnd roolved to put chase
fiom Ml Reynolds her lands In
Moiwlc, on Febiuaiy 20. at a meeting
of Its directors, the deed fiom Mb
lle.v nobis was accepted, and steps wcie
taken to employ a suivejot to locate
clams, etc. At another meeting1 of the
dliector.x, held Apt II n. ceitaln suiveys
nnd maps nuulei by Geoige 13 Steven
son, civil engineer, were accepted. Mr
Stevenson Hist went upon the gintind
January II Hull, nt the ltiKtance of Miss
Heynolds and Aithur Fiothlnghain,
and selected a site for a dam, and on
A pi II 1 he ran the How line of the pio
popeil ieei voir
'I h s,crantoi nnd Northeastetn ltall
road company obtained Its chatter
fiom the c iiminonweallh on M.iv 2S,
l'.'OO, undei the piovlslone of the Gen
eial Halbo.Ml c t of April I. lSbV, and
lis suppleini nt--. for the puipnse of
"building, maintaining and operating a
railroad for public uso In the cunvev
nnice of pione and ptopert.v." fiom
Sctanton to I'lttston l'ennvivanla. a
distance of about ten miles Suivev
ors vveip engaged by this convpanv to
loratci a toute for it rallro'td. Thry
tan sevcial trial lines, nnd finally
adopted a line ol' loute between l'ltts
ton and Seinnton, uiaikt-d It ujion a
map and drove stakes, in the Mound
to Indicate ts location. The line ,o
located bv the suivejcns v.ts fotmallv
adopted at a meeting of the dliectois
of the company on November ; l!mO.
It beglliri at the Intersection nf j;im
stiecc and living avenue, in the city
of Scrnnton, tennlnnte; at t.he Inter,
sei tlcm of fltoad und ronndi'y pt reels
In tlK city of PIttston. and runs
tin ough the land'" of the plaintiff, and
tbtotigh Its pioposed dam nnd iesti
volr. A slight change or deviation was
math In this line suhsnut-nf to llfi
adoption by tho boatd of dlriito's, ),y
the survevorH and englneci of the
company, but such charge was never
ratltled by the tllieitois of the i.iil
ici.ul, noi was nn action taken bv the
corpoi.ulotl wlDti lefcicme o It.' The
extent of the clungi vailul ttoni
nothing to two hunUted feet and the
line as changed bj the enslneei would
i tin tin ough the pioposed dam and
lei-eivolr of the plaintiff. The con
st! action of the rallto.td either upon
the line n.s adopted by the dlnctois,
or as modified subseriuentlv b the en
gineers, would prevent the plaintiff
from constructing its. dam and l-ei-ei-volr
at the place selected lor that pur
pose, theie being no substantial dlffrt
eiue In the effect upon the pi tlntlff's
iliiui and itvervolr betwien the oilglnal
nnd the levlsed or moilined line This
c linage was made on the giound cm
and herore. tne iiitii day of Febiuarv,
V.tot and niniked tijion the lallioad
company' map on the following d iy
FILING OF TII13 HILL.
The wnik of consttuttlon of the iall
load was being done iliulng the spring
of tho piesent year, by the contuutois
on the giound, and when the lnnd.s of
the plaintiff were entered upon a bill
was filed. oi May 17. against The
Scranton and Not theastui n l'.allinad
company. John Lee John T. Dolan and
Joseph Page, setting foitb the Inciu
poratlon of the plaintiff compan tr
the puiiM)i-e of suppblng vvntoi to the
public: that The Scranton and Nnith
eastern ttallroad company Is Incmpor
ated for the purpose of coi'Mtnu ting a
railroad and Hint Lee Dolan and Page
aie. contractors under It for the con
Miwtlnn of the load, that the plain
tiff company nrquliecl title to thesp
lands in Mooslc for the purpose nf
building a reservoir, and dedicated the
same to public use. selected a slta and
began construction, etc.; that on the
11th of Mny, 1901. defendants unlaw
fully entered upon btieh lands, without
any condemnation ptocoeillngn, and
that the land aie not subject to con
demnation on account of their uppio
prlatlon to public use by the plaintiff;
that Th(. Scranton and Northeastern
llalli'o.ul company has not the right nf
eminent domain, because, lntei alia. It
U not going nn In good faith to build
a ralltoad, but Is lending itself to a
fraudulent scheme to conduit u trolley
line or street railway; and that de
fendants' seivants and workmen wcie
digging and otherwise trt spaslng upon
Its land: and prBjInir for an Injunc
tion to rcutrttin defendants ft out ctitei-
Ing upon or tie?passliig upon Its prop
erty. On Mny 2," an amendment was
allowed adding the additional defend
ants, and sperlflcallyri dunging the
several defendants with entetlnp Into
a combination to unlawfully construct
and opeinte a tiolley or street railway
system fiom a point it or incur the
coin t liouf In Sctctivtoti to fhe public
square In WllKes-Hnriv, and on the
same day n preliiiilnitiy Injunction was
granted to remain the defendants from
entetlng upon tht plaintiff's lands for
the putposo of constructing a utllroad.
UOND T13NDr3HKD.
On May IX 1901, a bond wns tendered
to Annette Heynolds by The- Scranton
nnd Northensteitii Hallroad company, In
the uim of one thousand dollats, con
ditioned tor the payment of damages
for the tnklng of latid.m for the right
of way over the lands- nbove referred
to. which she lettised to accept, and on
May 20 a petition! was presented to the
court for the apptoval of the bond and
n into was granted to show cauv why
the same should not be approved, re
turnablo at thu Atgument court. An
nnvver wan tiled by her, denying Hint
she was the owner of the land and net
ting foitb the sale of the svitne to the
water companj, setting forth the ln
corpotntlon of the water company to
supply water to the public; the appro
ptlatlon by the water company of the
land0 sought to be condemned to the
ptnpoos of a resenoir, etc.; that no
appropriation had been made by the
rillioad conipjny at the tlmei of her
conveyance to the water company, nnd
the appropriation bv the water com
pany of the land-s to public use; nnd
deriving the light of tho railroad com
pany to condemn. The disposition of
this rule wa postponed until after the
bearing In thw proceodng.o, nnd It Is
now pending and undisposed of. No
negotiations have been, enteted in'to by
the lallioad! company with the water
company or Annette Reynolds, with a
view to aorne upon the dnmnges, and
no steps have been taken In that dliec
tlon by the railroad company except
tlm tender of the bond to Mls P.ej -Holds
iird the petition to the court
above leferred to.
Tlie 111 st question to be comdtleied Is1
Has The Siinnton and Not theastern
Itallioad company tho right of eminent
domain? It Is organized and charteied
under the General Railroad Act of 186S,
and piiinn fade, under that act and
the Act of 1S19 it Is Invested with the
power of eminent domain, ruder the
pruvNIons of the Act of June 19, 1S71
(P 1, 1.160), however, we are requited
nt the Instance of the pltlntlff to in
qulte and ai ertaln whither It does In
fact have the light to eveiclse the
power of i tninent domain, notwith
standing It Is. c harteteil tinder the pio-
Monn of the Art of 18CS. The twelfth
section of that net expiea.sly declare
that the provlslonts of the act should
"not be construed so as to ntlthoi b.e
the formation of street passenger mil
vvuv companie to contmct pafsonger
r;tllwae In any city or borough of this
e oininonwcalth " and it was held in
Potts et a, vs. F.l R. It. Co, lfil Pa.
Sit!, that any company ln orporntcd
under Its provisions must necepsatily
be a. teani railroad companv, within
the meaning of the general ralhond
laws, and that such company cannot
nrqulie by c onetrui tlon or Implication
the right. and poweis of a sticet pas
sen per utllroad companv. If the evl
dri'ce establishes the fait that The
Hcianton and Nortliet in lt.illto.iil
company Intends to (onstttict and ep
eiate a tnet paxsenget r.illto.id and
not a steam i.iilio.ul thin under the
dclsiniit it I engagid In nn unlawful
onti rpilse. and l not Invested with the
powet of eminent dom-tln Stieet l ill
wnv companies have nut the power of
emlneiM ilnmain and no coiporatlon
organbed for the put pose of engaging
in the street inllwnv business ran nc
qtilto sin h power under a meie jne
tensc of being a stivim lallioad com
pan : I'ottM vs i;i i: R Co., supra;
Com s. F.l. Rv Co. lfil Pa. 409. IS.
R Co vs. R R Co.'JMnnt Co R 73
Moscv vs- Ry. Co, 1'i't Pa IV." lint If
the evidence does not establish such
unlawful intention and It appears that
It N the Intention an 1 put pose of that
company to build a lallioad, within
the meaning of the gmeial railroad
act. and not a stiret miiwav, then It
Is nitliig wlthlin its lights under the
nd which authoilzps its liwoipoiatlon.
and confeired upon it the powei of
enilii'iit domain. Gaw vs R R. Co,
IPS Pa. 14.'.
NOT ON ANY STHF.I3T
The pioposed iciute ot The Suanton
and NortluMstein, 11 iilto.nl company
fiom Sciantun to Plttsmn does not inn
longitudinally almif. a single stieet In
eltln r of thetwo cities, or tho two
boiinighs. thiougb which It passes It
dins mil leeiuliH the aid of any munici
pal fi.uuhlse to atithoi iff Us cont ruc
tion Thioiigh the boivjughsi of Mooslc
and Avon Itn loute 1 so located that
It can e.xpe t no p.iti utilise as n siicet
lalway. It ilois not inn tin ough the
populous poitioiiis of elthei, but It Is
located r specially tbinugb the bor
ough of Mooslc, at a consldemble dln
tance away. The ehaiac ter of tl'1 enn
stiuctlon Is that of a stuani ralltoad
and not of n stieet railway. The ties
and nils to be used and the madbod
and viaduct to be built ate such as
are tecmltetl for the heaviest kind of
sttnm inllrcnid tintllc Tbeentlie pio
posed route Is over pilvate Iiuu'k and
the roadbed is gtaded by means of
i uts tills, embankments, eti , as Is
usual In the tonstiuctlon of steam rall
loads It Is not In nnj sense a stieet
pas-scngir ini1in.nl, not has It any of
the c huini teilstlis of n stieet tallwa.v
In any respect It Is pioposed to oper
ate It III connection with The Cential
Valley Rallioad c ompanv's propoed
road fiom PIttston in 'lllce-Harie, a
dlstnnio of some nine or ten miles,
nvuklng a continuous mad between
Scianton anil Wilkes. Pane, but the
jnopoi-eil road of The Central Valley
company Is similar In onstiiictlou,
location, and geneinl character to that
of The Si anion and Noi theastern tall
lotd, and I' not a stieet passenger rail
road. It Is the appaiont Intention to
operate It In harmony with Tho Con
nell Park nnd Speedway Rallwaj com
p.invVi stieet passenger inilioail, but
thete Is to be no physical connection
bilween them It Is piopneil toopei
ale It by elect lie power if It Is legally
permissible to do so, but if not leguily
peinilsslble It mav be operated by
steain powei. WIkiIui or not a rail
mad company liicntpomtcil under the
general iiillro.id in ts mn opeiale with
elect lie or other than steam power Is
not ti be decided heie It Is not fi i
the plaintiff but for the commonwealth
tl raise that question- Gaw vs R. R
Co, supra. Western Pa It It Co 's
Appeal. 101 Pa. 399; Rudolph vs R R
Co, Piil Pa. 40. The (baiter gives this
company the right to build a uiilioad
fiom PIttston to Siranton: they aie
engaged In building a railroad; and
under tho law the aie therefnie In
vesical with the power nf eminent do.
main. To quote the langtiago of Yerkes,
P. J In Gaw vs It U. Co.: "The de
fendant apiieiiLs to be pioc ceding icgvi
larlv under tho ntntutt to possess Itself
of its loiidhed undei the light of emi
nent domain. In the nbsencn of proof
that Its action la taken for the purpose
of evadlmr and defeating Hi decree, or
to do soma other Illegal acti a court
of equity has- no authority to Interfere
with the exercise of such statutory
rights. If the defendant shall heie
after bo found abusing Its charter
privileges In violation of the act creat
ing It, the commonwealth, through Its
attorney general, Is Hie power to he
Invoked for the proper remedy," And
ko we are clearly of opinion that The
Scranton and Northeastern Rallrond
company has the right under the law
to exercise, the right of eminent ilotnnln
In obtaining a right of way for Its rail
load. AS TO PROCRDtMtK,
The next question to be considered
Is: Has the Scranton and Notlheast
em Railroad company taken such steps
lit the exercise of Its power of eminent
domain, which vent In it a rlf,ht of way
over tho lands In question as against
tho plaintiff water company? Mr Jus
tlco Wllllanipi, In Wllllamspnrt, etc, R.
Co. vs. Phlla., etc.. R. Co.. 141 Pa 407,
lays clown the law upon this subject
very clearly. He sayn: "The Import
ant question pte.ented by this appeal
Is, What constitutes, u valid location,
on tho giound, of a projected line of
railroad? It l singular that such a
quewtlnn should be to any extent an
open one In a st.tte remaikable as
Pcnnisylvnnla l for the number anil
extent of Km railroads. The act of loca
tion Is an appropriation of piivatc
property, by virtue of the right of emi
nent domain with which the state has
Invented the railroad company, eltl or
by the cacti of lncorperntlon or by vir
tue of general laws The tequsltes of
a valid location may be cnnsldeied,
first, with reference to the pilvate
ownois upon lr over whoe lands the
location Is made, and, next, with lef
eronce to third parties and other cot
1)0 rations.
Tim successive steps contemplated by
the Act of 1M1 and subsequent legls
latlon, n necessary lo vest n title to
tlw roadway In the corporation, are
thee.
1. A piellmlnnry entry on the lands
of private ownis for the puipoe of
exploration This Is made by englneeis
ntwl surveyors, who tun and maik one
or more experimental lines, and who
report their wotk. with such maps anil
ptollles n.s may be necessaiy to pte-s-nt
It piopeily to the company that
employs them,
2. A selection and adoption of a line
or one of the lines so inn. as nnd for
the location of the proposed lallioad
This Is done by the corporation, and It
leqtilrefl the action In some foim of the
board of directors. This makes what
was before experimental and open, a
fixed and definite location. It fastens
a seivltude upon the property affected
thereby, nnd so takes from the owner
and appropriates to the ue of the cor
poration. 3 Payment to the owner for what Is
taken and the consequences of the
taking, or sectnlty that It shall be
made when the amount due him Is
legally ascertained.
MFST Rl3 COMPLF.TI-3D
Tho title of the owner Is not divested
until the last of these steps has been
taken: Levering vs. Railroad Co , S
W. & S. 459; McCllnton vs. Railway
Co.. 66 Pa. 404, Dlmmlck vs. Rrerad
heact. 75 I'a. 464, Ruffalo, etc., R. Co.
vs. Harvey, 107 Pa 319; Gilninre vs
Railroad Co, 104 Pa. 27.'. Ah against
him, the corporation can acquire onl
a conditional title by Its act of loca
tion which ilpoiie, Into an absolute one
upon making compensation.
As to third persons and rival cm -potations,
however, the action of the
company adopting a definite location I
enough to give title For this tpason,
In several of the United States pto
vision Is made by law foi recnidlng
the action of the cnmpnnx nnd the line
adopted bj It, so as to give notice to
the public nnd to settle questions of
prloiity of title We have no sin It
statute, and the action of the com
pany must be proved b other com
petent evidence- Hel"e vs Ralltoad
Co., 62 Pa 72. Rut when proved It
has the same effect upon all Inteiested
as though it had hern iccoided. It
settles the date of actual appinpi wlon
nnd shows the exact locution of the
line of the toad pmpoM'd An exam
ination of our own cases vvlll show
that the com lusinns we have leached
are fnlily dediiclble ftom them In N
Y, etc. It Co vs. Young. Ill Pa 175
It was held that the location of the
line of its mad s Intrusted bv the law
to the company alone, and after It has
exeiclspil the dHcietlnnaiy power con
fided to It Its action Is tinnl as to thltd
persons, and can rot be reviewed The
same dnctilne was apnn asserted In
Cleveland, etc . R. Co v Speer .'tl Pa
.1.'.", and It has been ndopted In many
subsequent cases. The effect of a loca
tion, when made so far ns the line and
the ground invetl bv It aie con
cerned, was eonsldeted In Pittsburg
etc, Ry Co vs. Commonwealth. 101
Pa 192: and It was held the act of the
company In adopting a definite and
peimanent location for its road was an
appioprlatlon of the ground coveied
bv It. whether such ground was within
the enclosuie of a pilvate owner, or In
the public hlghwn. In other words
this Is the method by which the cm -poi.itlnu
excuses the power of emi
nent domain with which the state in
vested it at its cieatlon and take
what befoie belonged lo otlrbrs for Its
coipor.ito use."
"That h coipoiatlon cannot exeicl'e
the power to appiopilate land until It
li cs loi ated Its line. Is well settled.
Thu". If a coiupan has an opllon be
tween two op moie linen or unites It
must make Its election tv an actual
adoption of one of them bifme it cnn
ncqulie title b approptiatlon upon
either 1 Redf on Railways 240 TI.e
leasou for this is, that thp act of Iom.
I mil lined on 1'in i
For School Children
Special Prices on Children's Wear
Friday, Saturday and Monday.
Dress Goods
Lot Bright 12 l-2c Cotton Plaids 8c
Lot 25c All Wool Checks 15c
Lot 50c All Wool Serge Plaids. 20c
Lot 75c Fancy Wool Plaids. .. .48c
Lot $1.00 Wool Cheviot Plaids,
50 inch 50c
Lot Armuie Woisted Serges,
new shades 1 So
Yard-Wide Granite Goods 25c
40-inch Wool Covejts, tailor
finish 48c
50c All Wool A mines 30c
50c All Wool Coverts 37 l-2c
50e Black Figured Mohairs. .. .25c
Laigo assortment of 85c and
$1.00 line Dress Goods in
short lengths 50c
MEARS&HAGEN
415-417 Lackawanna Ave
Just Look at Them fe
2 Is there not TONE nnd STYLE In the make up of our LAMPSf 5
rm MOHE THAN THIS, thero is
TERIALS and DEST BUHNERS. OUR PRICES ARE LOWER
thnn elsewhere.
METAL LAMPS, In rich red nnd Antique Bronze, nra very
fashionable, now. OUR NEW LINE contains nil tho NEW
COLORS.
OO WIL.L- BUY
n handsome LAMP complete with GLOBE.
We have n line of DECORATED LAMPS with shades nnd
globes to match, which nrc excellent values at DSc. nnd up
wnrds. LAMP HEADQUARTERS.
CVvxvaTVfoW
Geo. V. Millar &
LOOK AHEAD
Whv wait until the rush of the House Cleaning time belore
having
UPHOLSTERED
N1UIIU REPAIRED
POLISHED
i
Call in and examine our line of Tapestries, Velours, lite, or
let us bring samples to your house and do your work NOW.
The Scranton Bedding Co.
F A. KAISER,
Lackawanna and Adonis
EDUCATIONAL.
THE ANNUAL FALL OPENING OF THE
LACKAWANNA BUSINESS COLLEGE
OCCURS SEPTEMBER 3.
1 nroll call Wc shall want bright jounc men nnd women (or position! tlilj fall, c
A LIBERAL CLUB DISCOUNT
To Those Entering on the Opening Day.
Business, Shorthand, Common and Higher English Courses Very
Thorough. Rates Moderate.
r.nnd poltwrs (or ct-jduitr" Younc men md women u a Mine a thorough oiulrmcnt ftr hint
new will miko nu mktiikr in cilllnq at tho coIIcro tor the puipOMS ot examining courvs anc
petting our rate and ternn.
J. E. BLOOMER,
ASBURY PARK.
THEALHAMBRA
400 Sewall Avenue.
Asbury Park, New Jersey.
I'loasnilt rooiiiH .inel exct'llont table.
$i W in $;no per work. Location oon
ti.il. Hto.iil )oi t hose. Klpetrlo llRhtc.
Kle niliiiiti'S fiom ocean. Scranton
ipfeifnc .
Soveieign Giand Lodge, I. O, 0. F.
Indianapolis, Ind., Sept. 16th to
21st 1001.
Foi the aboe ncaxlon ticket agents
of the l'ackaw. lima lallioad will s"ll
Fppclal i mind tiip tickets to Indlanap
nlK lnd . tt leiilar first cl.is one way
fine for the loiind trip. Tickets will 1
on sale Rood roIiir Sept. lL'lh to 1'ith
Inclusive, iPtnrnliiB to leave lndlanap
c,ll not Inter than Sept. 21 or earlier
1h.ni Sept. 1.1th. liy depositing tickets
with joint aRent at Indianapolis, Ind.
cm oi befoie Sept. 2W, ieturn limit
will he extended to leave Indianapolis
not later than Oc toher 7th on pavment
of ,'i0 cents additional. Stop ott at liuf
talo vill be p"l mltted on the letllin
hip by depositing ticket with Joint
aRent No. fit) HxchaiiRe street, and on
p.ivturnl of $1.00 rxti.i. provided that
ticket l used to destination within the
final letuin limit. t'hlldien between
the ages of .'i and 12 yeais one-half ot
the adult rate
X. Y. O. and W. H. 11. will tun an
exclusion tialn. all points. Sciante-i
to Toiest t'lty liulusUe, to l.nke
I'ojntelle, Sunday. Sept. Nt Tiain
will leave Scianton at S ".0 a in , Pai
bondale, ' If) a m lieiurn far. from
Suanton, 51 no, I'aibondale, 60c
Boys' and Girls' Hose
26c Black Cat Hose 21c
15c Cast lion Hose 10c
25c Child's Fine Hose 15c
25c Misses' Mercerized Red
Hose 19c
25c Misses' Polka Dot Hose ... 10c
Gienadlne Stripe Ribbon 0c
Taffeta Ribbon, best grade, 4
and 5 inch, 20c quality, new
shades 10c
Hair Ribbons 10c, Velour Stripes 5c
Narrow Fancy Ribbon 2c
Ladies' Neckwear at Half
Price.
EXCIVUSIVENESS, GOOD MA
Co. 'M''"?."?''
niiKin ana look trouna. js
MANAGER,
Both 'Phones
EDUCATIONAL.
Manager and Principal
Free
Tuition
I3y a recent act of the leslsla
ture, fiee tuition Is now granted
at the
Literary Institute
and
State Normal School
Bloomsburg, Pa.
to all those piepailiiK to teach.
This school maintains couiscs
of sludj for teacheis, for those
piepatliip for collope, and for
thop fctiid.viiiB music.
11 will riv to writ for partlrnl'ir".
No otlirr Kcluinl offrra null tuiwrior ad
.nit ji-s at iudi o ratis. Aiidrosc
J. P. Welsh, A. M., Ph. D. , Prin.
Tuition Absolutely Free.
Pna il tho I at imiiilcliiiie sutu Vnnnil
I ILw s,i,0 Kj tt irip. npem hept HI, 11)01,
Thp fiowrnor I'n ngnrd tho lull sranlinjr i
Hm-ujI appiopnatiort to this i hool, as well as
Iho lull nidkniir tuition free I'or full partlnilir)
addirsc
GEO, P. BIBLE, PRINCIPAL.
Binghamlo.i Private Training Schoo'
(or ncrmiK, Hukcard and Deal Mute Chil
dim Manual liaininx, I'hjdlcal Cultun.
NrodlrwurL, Miiu, Kindrrcartrn, Artirula.
lion Open jojr round Circular. Price?
modi-ate S A DOOl.inr.rc.
bi faimew Accnui1,
I CHESTNUT HILL ACADEMY
l.... LI.L- U.iriUt. riuxlmil Hill D
nusaincixuii iicijiim """in" !
A hoarding nchoot ror bos in the elevntcd
aiul beautiful open countrv north of Phlla
delphia. 30 minute from Ilroail St Station
Por cntnloKiics ncldtr"
JAMES L. PATTERSON, Hcad-Masltr.
SCRANTON CORRESPONDENCE SCHOOLS
hCRANION. I,.
T 1 Foster, I'resident 1 IniT II Lan-all, Trci
It J. I osier, Stanley P. Allen,
Viic rri-sident S'crctarj
Fall Styles
Now Read
ihffSi
iff&UmtMk
412 Spruce Street.
New Shapes in Neckwear.
f- & ,