tWf'?- f r vy$ 'mSl "-t"ri,J,-V? THE SCRANTON TRIBUNE-SATURDAY, JANUARY 4, 1902. ' The Left-Overs of out fine holiday stock of Pictures, framed and unframed, -wo will Boll at coat. Now "Its your move" Wo liavo made tlio offer, and It Is "Up to you" to mako tho right movoH Jacobs & Fasold, 209 "WASHINGTON AVENUE. Pictures, Frames and Art Goods. f City Notes. J CABMEN TO MEET. Tlicre will be a meet Ins et tho Cabmen nnd Drivers' union tomorrow night nt 8 o'clock In Itaub's hall. SPECIAli MEETING). A special meeting of the Holy Name society of the cathedral will he held in tho College chapel Sunday evening at 7 o'clock. DIED SUDDDENLY. Coroner Hober(3 was no tified jesterday of the death, in Olypliant, of a child without medical attention, lie will in xcstigato the caso today. IIU WAS NATUKALIZED. Minus Fjron, of West Scranton, a rathe of Ireland, xvua yester day naturalized before Judge It. W. Archhald, of tho United States district court. MANAGER AXD rOREbADY.-Mrs. .T. Quinn was general manager of the supper tervcel in Holy 'Cross church New Year's night nnd Mrs. J. Kano was forclady of the tables. MEET MONDAY EVENING. A general meeting tat tho ladies of the Linden Street temole will be held Monday evening at the residence of Mrs. S. Samtcr on Clay avenue at 7.S0 o'clock. D. J. THOMAS A CANDIDATE. It is rumored that D. J, Thomas will be a candidate for school controller of the Seventeenth ward at the lie jmblieaa primaries to be conducted next Tues day. LOCAL BANKRUPTCY CASE. Involuntary Petition Filed Against Mrs. Isabella Cohen. Funst brothers, of Cincinnati and certain other creditors of llrs. Isa bella Cohen doing business on Lacka wanna avenue under the name of the Scranton Wine and Liquor company, illed a petition with Judge R. W. Arch bald, of tho United States district court yesterday, asking to have her declared an involuntary bankrupt. These creditors hold claims against her to the amount of $2,001.32 and pre sented with their petition a letter in which she declares that she will not contest any bankruptcy proceedings which may be brought. Judge Arch- bald issued a tule returnable on Jan uary 17 to show cause why Mrs. Cohen should not bo declared a bankrupt. OBITUARY. JOSEPH MEDER, SR., died yester day afternoon at 5.30 o'clock at his home, 421 Sixth street, of apoplexy, after a short illness. He was OS years of age, and had been a resident of Scranton for many years. Surviving him are tho following children: Mrs. W. C. Vosburg, Mrs. Orvllle Noack, Emma, Carrie, Joseph and William Moder. The funeral will take place Monday afternoon at 2 o'clock. Inter ment in Forest Hill cemetery. 'ARTHUR COLLINS, son of Mr. and Mrs. James Collins, aged 3 years and 0 months, died yesterday morning at his parents' home, -133 North Ninth street. The little fellow was ill just one week, nnd death was due to appendicitis. The funeral will tako place tomorrow after noon at 2.30, and interment will be in tho Cathedral cemetery. MRS. TRISCILLA. THOMAS, aged 53 years, wife of John T. Thomas, of Bcllevue, died yesterday at her home, on Acker avenue. She is survived by her husband and son. The funeral an nouncement will be made later. MRS. JOHN BIRCIIER, formerly of this city, died yesterday at Stull, Wyo ming county.aged 72 years. The funeral Bcrvlces will bo held at Stull, and in terment will bo in Forest Hill ceme tery, this city, on Monday afternoon. Funeral private. I Crokor Defeated at Golf. By Exclusive Wire from 'llic Associated I'rcM. Lalcnood, N. J Jan. 3. A tluco-soiiio goll match, was played ocr tho links of the UiLcvvood Golf club between (Supreme Court Judge lilleler lccvc and Itichard Crokcr and Andrew l'lecdiiuu today, Alter a. well toiittstcil game at IS holes medal pljy, Justlco (illdcrlccio defeated the Tammany chief and tho president of the Now ,Vork base ball club by a fcioic of 03 to 10. A LITTLE THING Changes tiis Home Pfcllng. Coffee blots out tho suiishlne from many a homp by malting tho mother, or nomo other member or tlio household, dyspeptic, nervous and In liable, There mo thousands jif cuses whero tho proof is absolutely undeniable,1 Here is one; Mrs, C. 1C. Larssclere, Antlgo, Wis., says; "I wua taught to drlnlc coffeo at nn early, age, und also at an euily ngo I became a victim to headaches, and ns 1 grew to womanhood these head hShtis became it, part of me, as I was ecuicely ever freo from one. About ilvo yeuis ago a friend urged mo to try Postuni Food Coffee, I made tho trial and tho result was so satlsfac. tory that wo have iibed It ever slnco. My husbund and Ilttlo daughter were mibject to bullous attacks, but they 8iavoTloth bceii entirely free from them plnco.wo began using Postum Instead of coffee, I no longer have any head Eches and my health is perfect. If Homo of these nervous, tired, Irri table women would only leavo off cof. fee absolutely and try jPostum Food Coffee, 'they would find a wonderful chunge in their life. It would then be iHIIe,pV with Bunshlno.uijtl'V happiness WQWF. ! iarlnesaM plscontent. And think what an effect ltwould have ou tho family, for the mood of, Ui6 mojlier J. JnKoly responsible fori (he temper ofMliiuhildren," ADDRESS OP JUDGE JESSUP DELIVERED BEPORE THE CITI ZEN'S AIJ0IANOE. It Was an Ablo and Exhaustive Dis course on tho Bights of Individu als In Any Community Decisions of tho Courts Cited Concerning tho Stand They Have Taken with Ref eronco to Conspiracy Preodom That Is Guaranteed by Constitution ot the United States. Tho following nddrens was delivered .last night by former Judge W. II. Jessup before the Citizens' Alliance In tho nrmory: , I am requested to ndclrcM joit tonfclit ai American citizens those our whom the tl.ig of our country t!oatvi-tho..e our wlioniMlic Con Mltutlon of our country and the constitution of our state cnais iti full protection. It ii a great and a- MkIi prIUlcge which He enjoy tonight of awniblincr. ourselves together to consult over our common Interests, and to conitdcr some of tho questions atlslmr nut nl lm eliunilnn ( i.i city, MliMi confronts in from day to lav; nnd tb bcc vvlnvc right nnd justice nnd constltutlon.il Jaw point; and whether for any of the 111 nnd injurtei which are bclmr inllleted from dny to day llu-re are legal remedies for tho protection of American cltlens in their rlghtfl. ' Tlio constitution of our stnto U under the con stitution of the United Stiles, tho supreme law of tho land. Its first nitlcle provide-!, "That tho general gieat and essential principle of liberty and free government may ho reognized and mill terably established, Me declare that: All men arc born fice nnd independent nnd have certain inherent and indefeasible rights, among which are those of cnjojlng life and lib 'irty, ol acquiring and pofsesting and protecting property and reputation, and of pursuing their own happiness. Tho niiiio constitution, in Rccllori 11 of the first article, provides "All courts shall be open; and ecry man, for an injury done him in lands, goods or reputation, shall hae a remedy by due course of law and right and Jtusticc administered without rale, denial or delay." These are articles of the constitution, and any acta of any individual or association, which in fringe upon them are unconstitutional, HUgal and oid. MUCH LABOR NEEDED. As our great state increased in population, in 'manufacture!, and in the development of Its mineral resources, vast numbers of people icre necessarily engaged in all these various depart ments of labor. In some instances it was found tint there was oppieoslon on the part of em ployers upon the rights of those who were em ployed, and there were diUciences of opinion on the part of employers and ol those who were in their employ as to tlio wages which s-liould be paid and the wages which would be leeched. As a consequence of these difference, combinations were formed on the part of employes, by which they undertook to stop the work of their em ployers by a couibinition among themeles in order to enforce an advance ot wages or a icdiest of othoi Biippoied grievances. As the law then stood, such combination was pronounced an unlawful conspiracy, and was co held in the caso of: Commonwealth vs. Cunen, (3 I'ltts. Hep. 14 !3), lSb9, by Judge ltjan, who w.is the piesident judge of the couit of quaiter sessions of chujl kill county. In that case a man by the name of CuiTen had been at woik in n gangway in a certain colliery. The colliery lad been cloved and all the men discliiigcd and n new turn had rented the collleiy and took pmv-i.vslou of it, an I had placed nun at woik la the laiiouj gang ways. Curren dcimnded to be put in the gang way in which be had foiiucriy woiked foi tlio other parties. This was denied by the new own ers. Ho wa, lion ci er, allowed to go into the gangway with the pcron then woikiug it upon another shift, but the work not pioeeedlng Mtlv factorily to the on net, lth thlfts weic dis- chaiged; and thereupon a stuke wa- oidcied by all tho workmen in the collleiy, ami tho ultima tum was tent to the employer that no work would bo done in tho collleiy until Curren Mimild be reinstated In the gingiva In which he had origin illy woiked und'r the other parties. Ciu len was indicted with the others who ictuscd to work or allow work to be done, for a convphacy for maliciously combining to stop the collier', and picventlng any noil; in or about the same; and aUo combining to control the woik in the gangway, and to dictate to the omicn who should work in the gangway, ami thing for their emplo.vers the piicc to bo pild to those whom tlity did not, but ought to have the light to employ. WHAT JUDGE ItYvN SAID. In his charge to the jury, Judge lliap s.iia: "A conspiracy consists, accoidlng to all the .in thoritlcs, not in the accomplishment of any un lawful or injurious purpose, nor in ui one act moving' towards that purpose, but in the uctml concert and agreement of two or inoio peisons to cflcct something, which being tn conceited and agieed, the law regaids 83 the object of an in dictable conspiracy. The gist of a conspiracy is tho unlawful ccmfedcracy to do an unliwful act or a lawful act for an unlawful puipose, though nothing be done 'n prosecution of It, the of fense being complete when the confederacy is made. Elementary vvrltcro concur in stating that all confcdeiacies wiongfully to prejudice another arc misdemeanors at common law, whether the intention Is. to injure his property, bis pcison, or his character." In this case the defendants weic found guilty and sentenced to pay a lino and undergo impiis omnent. This decision and other like decisions of the courts caused a consldciablc stir among the ranks of the laboring classes, and in order to proviie for their protection so far as it was light and just, iecog!il7lng the right o any individual or bet of individuals to decline to work for any company or Indlvldutl if they so desired; and recognizing tho rights which every peison has under our constitution to tell his labor at the price vvhhh he and Im cmplojer may agiee upon, ami lcliiso to sell it where i lie price Is not i-at-Isfactory or the clicumstaiues are not also Mti fictory, the legislature by the act of Ilth of June, 1S7J (l. h. 1173), piovlded q,s follows: "It shall be lawful or ai.y laboiei or laborcis, vvoiliUiguun or woikligmen, journr,v man or jour. iieiucii, acting cither as iudlv iduils or ns the iiicinher of any club, soeiet, or .ivsoilalion, to refuse to woik or labor foi My peisou nr per sons, whenever, In III, her or their opinion, thu wages paid arc liisiilllelcnt, or the tiialmciit of such laborer or laborcis, woiklnguian in woik ingniui, Joiiriieinan or jouini.uiieii, by hN, h'r or the Ir eiiiplocr is hiutal vi ofleuslie, or tho continued laboi by such lubuier ol lihouis, vvuik Ingman or woil.lngmeii, join iii'.v man in jourue. men, would be coutiJi tu the mica, irgulatlnns or b.vdaws of any club, toilit or org.iulzitiopi In which he, she or the might belong, wilhoi't snbjutlng imy peison or persons m iifudng to wmk or labor, to prosecution or iudhliiicut for (ouspliitc'.v, iiudei the criminal laws uf this iinif iiiouweallh; l'mvlded, that tliU ait slull not he held le upily to the member or inViuliin. uf nuy club, society or eugaiiizatlon, the innslluitlon, b'lavvs, lule.1 and rcgulilloiit of which, arc nut In strict eoiifpimllj to the constlliitlnu of the (tale of lVmusliunla, and lo tho louitltutloii uf hi- I'nUil btulcn; 1'iuvidid, that nothing herein contained shall prevent the piosccutiou and pun. ishiuent, under existing lau, of any person or persons who shall, in .my nuy, hinder persons who ihilru to labor for their cinplojcrs from so doing, or other persons fiom being emplocd as laborers," WAS NOT hATIMWClOUV, Hut this act ot Itself vyjs pot satlsfac lory to the vast body of eniilofa In the various luaiiU' factories and departments of labor in the state, and so In 1870, In Older to protect still fjrthcr their rights of ceasing and icfiulng tu labor, tho second proviso last quoted was amended as follows; "ihe second proviso In the first section of said act shall In to construed that the use of lawful or peaceful means, having for their object u law ful purpose, thill not be regaidcd as 'In any way hindering' persons who desire to labor; and that the use of force, threat or menace of harm to persons or proixrty, shall alone be regarded at in any way hindering persons who desire to labor for their employers from bo doing, or other persons from being eiuplcjcd ot laboicrs." bojhat after the passage of, this law, "the use ot force, tlucat or menace ot harm to persons tr propert" icru decided to. bo only juutterf Which fhoutd bring the strilli.g cmploirs un der the, bale ot tho liwj imd the U-gblature of tlie stale, willing (arlbcr to -aisUt'tlic vait body of laboring men and others in tho state, on the hilt ot Jlny, U50t passed the Trades Union Char ter Act, authorizing; the employes of any Iradn to orgsnlze tHciiMelves and ncciiro a. charter Irom the stair.- But It wilt be noticed that the first act ot "f2 upeelally provided that this act r-hould not nnjily to any assoclillon or organization, ths cotlftullon, by-laws, rules and regulations ot svlihli are not In strict conformity lo tho con. tlltullon ol the state ot 1'cnnsylvanla nnd to the constitution of tlio United Stairs. And the char ier which was provided lr the act ot 1S80 ex pressly provided that they should have authority to establish a constitution and adopt by-laws and rules not Inconsistent with law. Hut even this sjstcm ot legislation was hot satisfactory, and so on tlie lilt Is ol June, lsul (I'. U SOO), the legislature pissed the (olloAlng act: "It shall be lawful for employes, acting cither as Individuals or collectively, or ns the members ol any cliib,ascinbly, noclatlon or organisation, to rcluse to work or labor fnt any person, rr. sons, corporation or coporatlotis, whenever In his, her or their opinion the wages paid are Insutll dent, or his, her or their treitment N ollenslve or unjust, or whenever tho continued labor or work by him, her or them would bo contrary to the constitution, rules, legiilatlons, bylawx, reso lution or resolutions, of any club, assembly, as sociation, nrgnnlzitlon or meeting of which he, she or they may bo a member or inly have at tended, nnd as such lndlv hliials or members or as having ntlendcd any meeting, It shall b" lawful for him, her or them to devise nnd adopt vvas and means to make such, rules, regulations, by laws, resolution or rcolutlom effective, williout subjecting them lo indictment for conspiracy at common law or under the criminal laws ot this commonwealth! Piovlded, l'lrst That this act shall not be held to apply to the member or members of any club, awcmhly, association, or gaiibjtlon or meeting, the constitution, rules, regulitlons, by-Inns, resolution or resolution ol which nre not in conformity with the constitu tion of the United .States and to the coast Hut Ion of this (commonwealth: Provided, Second That .nothing dicicin contained shall prevent the prose cution nnd puiilihment, under any l.iw, other than that of conspiracy, of any person or per sons who shall, by the use of foice, tlncats or menace of haim to poison or property, hinder or attempt to hinder, any person or persons who may deslie to labor or work for any employer fiom so doing for such wages and upon such terms and conditions as he, uhc cr they may deem pioper. And provided, Tlilid That noth ing herein contained shall prevent the prosecu tions and punishment of any person conspiring to commit a felony. All laws or parts ot laws of assembly inconsistent lieicwllli are hereby re pealed." WHAT THIS ACT DID. Ibis Act not only freed striking employs from indlclment for conspiracy at common law or un der the criminal laws of the commonwealth for the simple act ot refusing to work, but pro vided that It should not prevent the prosecution and punishment, under any ken- other than con spli.uy, of persons win should by the vise ot force, threat or menace ot harm to pcioon or piopcrty, hinder or attempt to hinder .my per son or pcisous who nuy desire to work or labor for any cmplojer from so doing for such wages and upon saich terms and conditions as he, she or they may deem prrper. And thi-t act re pealed all laws or pirt.s ol laws of osacnbly in consistent llCl'-VVllll. These arc all the si Utiles pied by our legis lature in leference to the lights of the liborlng cla-t-.es to strike, and changing the old common law lemedles by indictment for conspli icy for the nets which arc therein specified. Hut it will be noticed that these acts only apply to those associations whoae by-laws, niles nnd regulations and lesolutlons are not contrary to the constitu tion of tho United States or the constitution ol the state ol Pennsylvania; so that it anv union or organization passes a icsolution or combines to do an act which is contrary to the rights guaranteed by the constitution ot the United btatcs, then wuch union and otganlzatlon, so tar .is such icsolution or net Is concerned, can not plead the piotection of the statute, but are liable for indictment at common law, as it the Act of assembly had never beci parsed. These livvi weic only pisvpd to protect the laboring cla. in their lights, not in their vv long doing; and, thcicfoic, when any union, over and above the right to letuse to labor themselves, set t lionise Ives up to destroy the rights of otheis, not their cmployeis, tiny are entirely outside of the protection of any of the-e statutes, and the old common law relating to un lawful combination .ml conspiracies, is in full foi cc as to any such unlawful combinitions. Nun, what .lie the conditions with which we .-no confronted in this city at the present time? In the latter put of last .September, the .Seian ton ltillnav company, foi reasons which they hive not publicly disclosed, but which wre pel- sonil to two employes of that company,, din- chained them. Thereupon a notice was served upon the l.illway company that unless those men weic icinstated wjlhln .a ppeclfled llnic a geneial Mi ike ot all the employ ci of the company would be ouleied. The men weie not lolnslaled and the strike was oidcied. This strike still continues. As a result of that slrike, it is currently re polled that the miners' union and various other of the tiades unions ot the city passcel lesolu tlons, sympathizing with the strikers and Older inir theii nieiiibcis. some upon penalty of a fine, not to pationi7c the street cais of (he railway company in anv m inner; ami me sinucis ami those svmiialhiine with them instituted a scheme of teuoiiziiig .ill persons who should ride upon the c.n-, by breaking windows, ny plaung dvnmiite uuon the trnck and exploding the same, to tin- injuiy of the era and the gie.it tenor and peril of any persons upon the nrs, nml ly Insulting and abusing pcisons who found it neces sary or convenient lo use tho cars in gdng to .ami fiom their homes am! places of business; and the nutter has come to such a pass as that timid femiles aie absolutely alraid of their lives in rid ing upon the cars, and even men are nervous about the sime, and all classes are subject to more or les-s insult and Intimidation for doing thai which they have n perfect constitutional right to do nnd which the Hvv will pioteet them in doing. pi.oi'Li: Hovoorrnn. nut above and beyond .ill that, this syMcui of intimidation and teiroilsin and Injury has been carried to cueh an extent as tint onie passpiig-is, lompelhd by their necessities, by their health, and by their convenience to make use ot tho sheet cais, have been boycotted Ui their buinrss not by Ihe striking cinplojcs alone but by vari ous sympathising unions, with whom they had never hid tho least pirtielo of dlllicully or dif ference. Such a slate of things In a ficc community Is Intuleiable. It Is unlaw tul. It is unjust. It Is foiucthlng which stirs the blood in the heart of every lllurty Imlug freo American citizen. And vlut is the legal leinedy for the Insults upon Innocent passengers? The Ian auords a re illesH, 111 the ci-io of the coinniriiwe.allli vs. Silver! (11 '. C. IS1), a case ail.ing in Philadelphia, the defendant, who was a member of a cabinet inakcis' union, llngeicd about the pine, booted at the men who took I lie vacant positions, and lallcil t Its. in "scaK-." lie was bound over to keep the peace, and Juilec I'liilclter uses the following liugiiige: "I leccignlzc the right ot tho worklngman to I iv to belter his condition, I recognize the right of s-lrlkii lo abstain, flout walking until they git Ihe wages nhleli they think aie due them, lint 1 .)m iicogiiiii the right l eveiy other Vine lie an citizen u wcik for just as much as lie pic is.es, and no iis-oclatlnn of workmen has a right lo Inlirfeie with those who do not billevn as their union doc. It sums to me that all minus arc governed by foreigners, who bring to this eouutiy uonii of Ihe spirit that should ac tinic! the iiH-rieJii cilbrn. 'Ihey Insist In main taining all their individual lights, and ignore the luliiiul rights ot every oilier citizen. Then suit has been tint, in nil labor that requires skill, the American citizen has brill driven out, and tin Ii- are In this community large establishments, In width many vvnikmi-ii aie employed, none of whom tan speak English, If this continues, it wll not be very long bcfeie there will not be an American citUen who understands skilled labor. 1 cannot exactly uiideistand why such a system of conduit Is crLtid In by thesti people, Kvery Intel fereuce on tho part of (lie defendant, or any other member of ike i-otlcty, vvith uoikineii, which It likely to breed disliiibance, is a vio lation of the law, Therefore, It is an offense which can be punished, and will be punished. These people must lecognizo (ho fact that every man bus a right to work us much as he pleases, ami whin, and where, and how he pleases, In this ease I will put a stop to the defendant's Intel ff rem e, because I will hold him in such ball that, If ho violates tho law again It will be made very expensive lo his (riends. I will require him to cuter security In tH.OUO, 0 he of good behavior for erne year, and he must understand being ol good, behavior means no Interference with other people." HELD HIM GUILTY, In the case of commonwealth s. ltedsiiaw (13 V, O. tf), which was cu appeal from summary conviction from the quarter sessions ot Allegheny county, thu evidence was that Hedshaw, during a period of public cjciltcincnt, iuWs a non-union vvorkinan on the street md calls iim a ,"bcab," and' ''dimmed scab." Judje ljricr,s delivering the opinion, held him guilty of disordcily con-1 Are Invited Join S. H. Twining, Optician. 131 PENN AVENUE. duct and he was sentenced to be Imprisoned In the Allegheny county workhouse for the period ol thirty days. In addition nto lo the criminal prosecution against those who commit breaches of tin- cilm Innlilaw, we have also courts of equity who will enjoin all such proceedings ns arc contrary, lo law and to equity, Our (supreme court .have used no uncertain language on this subject. The case of O'.Vell vs. llehatma (1SJ Pa. 230), decided In 1897, sustains this. That was a case where a bill In equity was filed against strikers to lestraln them from interfering with men employed In ineir places, nnd also from calling them "scabs" nnd "blacklegs," nnd using other force to deter them from working; and also for damages alleged to be sustained In consequence of their unlawful acts. And the opinion of Justice .Mitchell, which covers lids whole giound, Is so Important and emphatic that I quote hero nearly the whole of his opinion. He says; JUDOi: MITCHKIX'S OPINION. "Tlie learned indue In his nnlnton tovs; 'Th,! testimony cstablshes the fact that corlaln of the defendants ovcmlcpped tlico bounds and used an noyance, Intimidation, ridicule nnd coercion to prevent new men from engaging In woik for the philntlif. When the new men were followed and importuned not to work, fiom their point cf embarkation to their destination, aid thcic met by the strikers In considerable numbers, and fol lowed to their lodging places, all the time being lucssed and entreated to return, and called 'tic.abs' and 'blacklegs', and sometimes surrounded and the clloit made to pull them away, an un friendly (it least) atmosphere about everywhere, It must be admitted that there was something moio than mere argument and pcrsim-dcn, ami the oideily and legitimate conduct of a strike. This was certainly serious annoyance and well calculated to Intimidate and coerce. And that effect u.Ls apparently produced on more than one occasion. Nor did such acts cntlicly end when the men Imported actually began woik, but with men weie, on ocaslons and in a less public manner, approached In a like manner In their In tenals of labor, and advised that there would be trouble theie, and they hid bettei leave. No actual violence, however, was employed.' "I Ids is a mild and Judicially restrained state ment of what the evidence cleaily showed. Tho strikers and their counsel seem to think that the former could do anything to iittnlii their ends, shoit of actual physical violence. This Is a most s.-iious misconception. The 'atguments' and 'per suasion' nnd 'appeals' of a hostile ami demonstra tive mob hive a potency over men of ordinary nerve which lar exceeds the limiti ot lawfulness The display of force, though noro is actually used, is intimiditlon, and as much unlawful as violence itself. "An attempt is made to argue that the strikers only congicgated at the place of arrival of the new men, in nccoidance with the custom at boat and triin arrivals in small towns. But this dis guise is too Hlmsy to hide the real purpose. If they desired, In good fnith, to meet peiceably and lawfully for their own business, they should have selected another place sufficiently icmote lo be fieo from Hie excitement and ciovvds which their own testimony admits attended the airlval of the new men, and alo fir enough .-.way to avoid that effect. On the contrary, that 'was what they were there for, and their pres-jnee In dicates their real intentions too plainly for any verbal denials on their part to offset. NO RIGHT TO PUlcSUADi:. "II is fui tlie r urged that the striken tlnough their committees only exercised ('Insisted on' is the phrase theh counsel use in this court) theh right to talk lo the new men, to peistiade them not to go to work. There was no such right. These men were there, picsumibly under con tract with the plalntlfli .mil certainly in beaicli of woik if not yet actually under pay. They were not nt leisure, anJ their time, whether their own or their employer's, could not lawfully be taken up and their pioayess interfered with by these or any other outsiders' on any pretense or under any claim or right, to aigue or persuade them to break their contracts. I.vcn, therefore, If the arguments and persuasions bad been con tlned to lawful means, they were exerted at an inipiopcr time, and were an iutciicrence with the plaintiffs rights, which made the perpetraton liable for any dimages the plaintiff suffered in consequence. Dut, in fact, their cffoits were not conniicd to lawful means. The result ol tho evi dence, as stated by the learned judge, is that tho new men were 'followed and importuned not to work, from their point of embarkation to their destination, and there met by the strikers In con Biddable; number.-;, called 'scabs' and 'blacklegs,' and sometimes sunounded and the effort made to pull them away.' Thhs view is quite sultleiently favorable to the defendants, anil, as already said, a hostile and threatening ciowd docs not need to resort lo actual violen-c lo be guilty ot unlawful intimidation. The acts of these defendants weie an unlawful intcrfeience with the rights of the new men, and with those of tlie plaintiff. In Cote vs. Murphy, 159 Pa. IM, it is said by our Hrothcr Dean, that 'It is one of the indefensible lights of a mechanic or liboier in this common wealth to fix such value on his services as he bce.s proper, ami under the consiuutiou tueie is no power lodged anywhere to compel him to work for less than he chooses to accept, "nor, us tho Mine right may be stated with lefcieiiec to this cac, to picvent his working for such pay as he can get and is willing lo accept. Wc regaid the testimony as demoiislialing Ihat the defendants weic guilty of an unlawful combination which, while proteasing the intention and trying to maintain an outward appcaianec of law lesaiicss, was carried out by xiolent and threalenlng ion duct, which was equally a violation of the- rights of the new men, who came to woik for the plain tiff and of tho plalntlft heiself, and thai they arc liable in this suit lor all tho dainiges which plaintiff buffered Iheifb). The mastei reports that 'all cf the defendants are included In the term strikers, as used by lilm In his ie port,' and the testimo.iy is ample to fhon all participated personally In the unlawful fondue t, or in nieh combination as nude them liable for the acts of the others done in pursuance of tl e loiumon purpose. Jvot the least notablo li-nturo Is the cvpiesslon cf surprise by the coun sel and even by Hie court, that Ihe taso was pushed alter the strike was nvei. It appeals- to be a fact that the strike was less violent and dis orderly than otheiK width had preceded It, and a sentiment seems lo have pcivadrd the roniiiiiin. Hy, even tho court not being cntliely exempt, lliat the strike hi Ing ovei, the subjeit had bel ter be dropped. This is not livv nor justice. A pl.ilntlrl who might luvo been hint woi-o than he was may be Inclined not to push his tlaliu for (ompi'iisatlon foi the Injury nctuilly letcived but It Is for linn, ami not lor ouuis, ami es pecially not for courts, to make the choice, and them should be no Judicial suipilw If hc .Insists em his rights, though other men may think ells crctloii the belter part ot valor. "Decrrc leversed, bill icinstated and dimages dirrttcd to be aw crlamril in iiiioruintc vviiu tins opinion. Costs to bo pile! by the appellees." 1)Y( OlTI.Nti UNLAWFUL. This case clearly thous that every member of u union that engages In any unlawful combina tion for tho Injury of the property or the rights of another is not only liable to be enjoiiud, doptti'il from continuing tho same, but Is liable fur all damages which the court may find the complainant has sustained by reason ot such un lawful combination and aits. Wc hear a great deal 'said In oeitalti paper! and periodicals about government by Injunction. No man who keeps within the law need ever ftar that he will tie enjoined In the exercise of any right guaranteed to him under tho constitution and laws of the- country, It U only law breakers who arc afraid ol injunctions, and it la only those who cct themselves up in dctlaiicc ot tho rights ot their fellcwmcu who mo ilecr)ing the use ol courts ol justice ill maintaining and de fending the rights of others who aie cleaily en titled, with tlxmselves, to the protection ot tho constitution and the law of the laud. The decisions ol Pcniuylvanil arc in accord with the decisions of the various states of the Union. There is no difference in the rights nf men. whether tiny -aie citizens ot ono state or anothei. Tlie constitution of the United Matrs guarantees to every man hit rights, and the constitution of I'ciin.jhuida follows In its wake. As a result ot the examination of all these authorities, 't is clear that auy concert or com. bluation to destroy business or property or in fringe upon the rights, ot any other citizen ol You To OUR CIRCLE OF I .PLEASED 1 PATRONS J Continued on I'JifQ $. INDUSTRIAL AND LABOR RULES ABOUT EMPLOYES RE DUCED RATE TICKETS. They Will Cost One-liolf of the Regu lar Rate to Employes of Other Com panies and Dependent Members of Their Iminedlato Eamlllos Ered. P. Van Home, Chlof Clork to Su perintendent E. M, Rinc, Has Resigned D., L, & W. Board for Todny General Notc3. Following tho action of the presidents of eastern rallrqadH In discontinuing cxclianero passes among; employes, ef fective Jan. 1. 1001', restrictive rules governing tho Issuance of reduced rate tickets for employes of foreign trans portation companies have been adopted. Tickets may be Issued at one-half the standard Hist class limited fare for employes of other transportation coin panles.nud dependent members of their Immediate families, when traveling at their own expense, upon tho xwltten application of the general passcngcj' agent, or such other representative as may be designated by the general pas senger agent of the company by which they are employed. Half faie tickets may bo Issued to employes of express and Alegraph companies operating over the lines on which the request is made, and to employes of the railway mall service. One-quarter the standard first class limited fare may be charged for tho children of employes between the ages of ii and 12 years. AH requests shall give tho full name and railroad connection of the person for whom the reduced fare Is asked. Tickets Issued under the rules for reduced fares .ahull' bear the name of the parly entitled to use them, and If found in the hands of Improper parties, shall be subject to redemption at full tariff fares. No reduction In commutation fares shall be made for employes of other transportation companies. Officials who have occasion to mako business trips over other roads will enter the fares paid in their expense accounts. Chief Clerk Resigns. Kred P. Van Home, who has been chief clerk to Superintendent E. M. Rlne, of the Lackawanna railroad, since September, 1900, has tendered his resignation, to take effect on Wednes day, Jun. 13. Mr. Van Horno onteied tho employ of the Lackawanna railroad In April, 1899, when he was private societary to ex-General Superintendent E. G. Rus sell, and has remained In the service since then. He is an expert stenogra pher and an experienced railroad man, and one of the most popular and oblig ing young men in the employ of the company. His successor has not yet been ap pointed. Mr. Van Home contemplates a lest and Vacation, after which he will engage In business. He is considering several piopositlons.. Reading's Big Tonnage. The Heading has reported twenty six of Its thirty-nine active collieries at xv oik. In the other collieiles the water from the lecent lalns still con tinues high, but the pumps ore now holding their own and are expected to get the mastery before long. The Heading closed the year with the greatest anthracite tonnage in its his tory. While the oflicial figures of the December production are not yet avail able the tonnuge for the year will ap proximate 11,000,000 tons. For tho 11 months of the year the oflicial iigures show a tonnage of 10,200,000 tons, and the tonnage for December Is estimated at S00.O0O tons. Tho production of 1900 was 9,300,000 tons. Prior to 1901 the company's heaviest tonnage was in 1S99, when 9,700,000 were produced. Lackawanna Orders 2,100 Cars. The Lackawanna railroad has placed another largo ouler for cms, which must be ready for use not later than Muy 1. This order is for 2,100 cars, 1,000 of which are to he built bv the Russet Steel Car company of Pitts burg. They aie to be or SO.OOO pounds capacity, steel twin hoppeis. The second thousand nre to lir- built by the Ameilcnn Car and Foundry company. These cms are to bo box cars, 36 feet long, of 00,000 pounds ca pacity. The lemainlng 100 cars of the order are to he refrigerator cms, to bo built by the Harney Smith company of Dayton, O. These aie to bo ready lit Fcbiuary. Utlca News. D., L. & W. Board for Today. Following Is the make-up of the D., L. & W. board for today: rititivv. .iA.MT.Mtv a, Wllel Civt Kist-S p. in,, .inlin llixte-r; 10 p. in., K, McDonnell with Douglicrtj 'd cicvvj 11 p. in., II, ljj,'i;eily. KWI WiW, JAM'Ain 1. ' Wild CiiIh lliht ,:io ii, in, 1'. ritrpitiicKj l .i. in., .1, I'. Iluikluit; .' .1. in., M. J. Ili'iinlgjii; A .1. in., lleilicikni, II. J, I.jiKIii; 7 ii. m , Ho boken. II. Iloiiirliiity, II. (lilllcJtiV inv; II ,i. in,, O. V. ntgirilil; 10 ii, in.. If, V. Hint; 11 j, in,, fi'roigci 'Iliimuv- 1 p, in., A, fl. lUm' initti i p, in,, r. r. .sieve aii .' p, in., m. nn- ncit.v; p. in., i:. M, llillitt; '.' p. in., r. 1.. Itosrrs. i llc'lpeio 7 n. in., liuOiioy; 7 .1. in., O. Miller; 10 j, in., Nuuinnr. 10 u. in., I I.'. Sceor; tU" p. in., istJiiton; K.'l'l p. in., ('. MctTiuu'iii. SuuinillK, Die. -it ii. in., e.il, .1. furrlKC, 8 i. in., . Iioimfilkcr; U-u. in., U. II. MehuU; It n. in., I:. McAIIWer; li p. in., 'lliouiiuon; 11 p, in., .1. Ildticrttn; H p. in., (JcdcJi-ii. I'lislii'ii-r'O n, in., Nielnn; 7 .1, in,, h. I'm. licit); v. .1, in., linc'i; ll.l'i ii. 111., 'Mouin; 0 p, ill., William llojr; 7..I0 p. in , Mniiliv; V p, in., W, II. JlJitli; HI p. in., I.. H. Uittlinrr. Wild lata Wit-S u. in., ,. U. Jfclcluin; 10 .i. in,, ('. Kliiiivlrj ; 11 j, in., T. lluiulliun; 2 p. in., It, Custnci; t p. in., Ciiniod); Up. in., I', Wall, KOtlCC. O. l. VjiiWoiuifr and eirw will urn No, 33 In iiioriilnir in place ot M. .V, l.oirj.in and tii'vv until further notice, .1. A. lluvli und crew will BO lo Wublilnglon January 1 o leaiu M. & I", Pi vision. riJUiiun A, II, MilllaiiK, 'llionus (iljmi, M. Mcllulc, William l.lavci, John (juliiUn, J, Man ton, Jjiiim Ilejlcy will uport nt VoiiuitT lien's Christian as-vocijtloii 7. so p, m., January if, for examination. This and That, Open-Hearth furnace No. 3, of the golld Steel Canting company, at Ches ter, Pa., recently completed a remaik ablo run of -190 eonsecuUvo heats with out any stop for lepahs. during which soma U',250,000 pounds of steel castings 8-frA YW3tfi&lht remedy thst cures o colli In 0110 Ujj tmftmwiWimmmwmmmwtyL In Selecting BricaBrac one should use the; same disci ctlon us in choosing friends, select 2 each piece with an eye- single to tho pluco for which It Is 'to tjo 5 used, lot' It be In good tasto Willi tho surroundings. JE The advantage of making Mich mil chases at our store Is, tlio larg- 2r" est variety from which to nt led and If you make an error In the se lection you have the privilege to exchange. IIOOKWOOD. 1VOHV, HltONZK, OOMMNATIONH of COLOltlCD OLABS with UltONil-: MOUNTINGS, OlaD VIKNNA PAINTING on CHINA with elegant ClOUD FIIAMES, etc. CutaTVsi . Gen V Millar & JCU. V. 1Y1H11C11 Is. mmmmmmmmmmwmmmm Quilt Batts Have you ever made a Quilt or Comfortable? If so, you know how difficult it is to get the sheets of cotton spread evenly and joined per fectly. Try one of our batts made of snowy cotton, in full quilt size, taking five minutes to put in place, instead of ?n hour in the old way. with better results for an equal cost. Sc$iaMttm Bedidig G&mj, F. A. KAISER, MANAGc Lackawanna and Adams Avenues. ' $m$aJa$mM This store is Scranton's Greatest Toy and Doll Store all the year around, as well as the be3t placs to buy Candies Ice Cream Ices Bake Stuffs Etc., at Wholesale or Retail. ' Most Appetizing littnclieons In Our Diniii? Itoom. 312-314 Lackawanna Ave. (IMMfWW(0(lM(?JW(0$MW m SMITH PREMIER TYPEWRITER Occupies an Imperishable Position in the BUSINESS WORLD.'., NO. 23 S. Eighth. St., Philadelphia, Pa. Scranton Branch Office, Nos. 1 and 3. Arcade Building. 00 1 A lESSSSSSSE Are You a Lover Of the Beautiful? Do vou Mi to have piettj iliu-..' Wo will be pleavecl to show- .vim Nilllairc lUamond HIiirv, Ilhinonel .mil llinemlcl Iliii, Dia mond and llubj Kings, Diamond and Opal Illng., Diamond nnd Mpphlto ltliiKS Dia iiimiil nnd TiiupioN lllngv. Wc v.ill moil it anv deviled combination to oiclei. E. Schimpff, 317 Lackawanna ave. mmnTBBtaE3RSBnaM&MMW!!mMS xvero made. The furnace is of Hcrrlclc design, tr. tons capacity, and Is biip pllcd with two improved gas pioiluceis. lliiltlmoic bleaker No. 5 at IJast Und, and which is the propeity of tlio Deluwaio and Hudson company, be gan operations ycsteiilay, and all tlio machinery worked to iieifectlou. Since the old bleaker was destioyeil by lire the coal mined at tho Baltimore h.is been semt to Lallln and prepiueil for miuki't. but this litis been dlhcontlnueil. The Pennsylvania nillioail company has secured options 011 half a bhick of laud adjoining their shops In At toona and will etect the largest wheel foundry In the woild. at 1111 expendl tuio of about $1,000,000. The company has been unable lo meet' the demands for wheels and lingo contiai'ts hao been placed outside. Thu now shops will tuku two ne-ics of ground and ho equipped with electilcal cranes and oilier modern appliances. Tho Norils Mining and Manufactur ing company, a new concern In which Pittsburg men aro Interested, will soon begin developing M0 aciea of coal and tlio clay lands In the Sallunvllle, O., Held, Tho company was charlorcd un der tlio laws of Ohio with a capital stock ot $160,000. Tlio company ex pects to product 75,000 lli-o bricks dally In a now plant to lui ereoloel by April 1 next. Tho following uio thu olllcors and directors: J. II. Nnrrls, president and ticasurer; H. J. Hui'iislde, genoial manuger and societary; I . Morris, Cliurles AV, Walper and Henry N. W. Fleckner. All Pittsburg men except V, N, Ix'oirlB, who is a resident at Sob rlng, O. Mr. Briggs Accopts. 11 Kuluslvc Uirc from 'I lie Atociatfd I'rcn. Trillion, N. '., JJn. 3,--(lovenmr ooihee thin iillernoon received from ex-llajor Prank I), llriKK, ot 1 Hilton, tin- latter' uex't-ptanea ot tlio uppolntiiieiit of et:ie tieamner to tuccccil tlio lata (It'Oiw It, Svvaln. Fur Seal Captured. l)y I'xcIujIvc Wire from Tlie Abiooiatcd 1'ieu. evv Yoik Jin, .'!. ,ille hauling In a line olt K01C Hamilton today, u ILIicrniJii wptuied and killed a tu 1 1 'K 1 on 11 leiuilc fur teal. It is tald to be tlie llrtt fui teal cut cuptuied in ttie.se waters. This elgn&turs Is on "very box of 1Kb genulnl Laxative BronioOuinineTabitu Co wjoraiiu, amiim VU. WnlkUaaJ took Around. Both 'Phones v 9-. ft' Unquestionable Superior Merit Annually adds thousands of names to the long list of Smith Premier users, representing every line of trade and every profession ILLUSTRATED CATALOGUE FREE. The Smith Premier Typewriter Co., 'I A Difference There is as much difference in Diamonds ns there is in human faces, and not infrequently as much hidden deception. When you wish to buy a diamond come to us. You can rely upon our judgment and representation. E. Schimpff, 317 Lackawanna ave. Undoubted is Greatest Fur Values in fill Scranton Are af F. L. Crane's Feisian Lamb Coats, Baumarten collar and revere, S175; now $150. Persian Lamb Coats, Chiuchllla collar and reveis, S1BO: now S1S5. r k Irw i I B-it ft f ls?lt- I fQ's'Tc Persian Lamb Mink, trimmed, $150; now 8185. Persian Lamb Black Lynx, trimmed, S150; now SIOO. Plain Persian Lamb Jackets, S50 to M0. Moire Coats, Astrachan, Chinchilla trimmed, SIOO; now S75, Electiic Seal Jackets, from $20 to S30. Electric Seal Jackets, Beaver trimmed, $30. Plain new Seal Jackets, from $33 to $40, Seal Skin Coats, in stock, from $150 to $225. Seal Skin Coats, made to order, from R150 to $300. All Scaifs and Muffs at reduced prices. PURS BEPAXRim HAW PURS BOUGHT,
Significant historical Pennsylvania newspapers