gw (Nv!'r5f).s5l
T"
FliiP9!'B
TV"-"'
l "
THE SCRANTON TRIBUNE WEDNESDAY, JANUARY 20, 1002.
ffMlptw"
)
I, i
For This Week Only
A
Large Three Panel
Horse Picture
Kramer! In Dutch OjI: niiil ernatnontril with (our
real horseshoe, bit and whip; regular price $d.
Our prlco this week only 92,50
See Window Display.
Jacobs & Hasold,
Interior Dccor.it on, 209 Washington avenue.
Wall Paper, Miadea. PjIiiI. Mouldings,
l'lcturivt arirl I'muics.
T.IQVOU I.K'i:XM:S lVlntury .1 U the la,t
rlny for Hlliier npjtllctitlon-i for Iliiioi llceii'.e.
MONTHLY SKItVICi:. Tlie len-ufor monthly
prcai'liliicr Mivke was held at the Homo for the
l'rleticlle.M jcattirljj, when Hev. II. (. McPcr
molt, pastor of thi' Miiip-on MelhoclUt HpNio.
p.il thiirch, preached the H'lli'.ou,
v. .HWKKIIMi TUIP. Tin' uiiniiiittu appoint
cil by-l'ro-ilile'lil f.'lbboin, of thr.' m'IiooI boatd, to
iiivctlsato inimial ti-iinliic; w hooN in evc.r.il
citic., have loft for New nik, WllmltiKtnn, Del.,
nm other cities on a tour of Investigation. 'I ho
lommitt'i' rompri-'M Cmiliiillcrj Jennino,
Roche, Uarkr-r, I'laneoW, Miiii'i, May ami bti
pcrlntcndcnt Howell.
'10 Di:N Ml ASCII S10HK. Tho lleifoid
company, inaniifattuilne; jewelcis ot l'liilailcl
plila, who mc'cow-fully conducted an extrusive
liitelnC'S In this city fcever.il jcarn aiio, will attain
open a blanch i-tore in this cite in a lew ilus
vndcr the inanigrrtifiit ot (irnifrc1 111 no, of this
lit, who ha been connected with one of tin'
company's Pliilaih'lphii -.imci for the past two
yfjr Tlin new time v. ill ho located .it. HIT
Wyoming ai emit1.
NEW CASE OF SMALLPOX
Victim is William J. Morgans, of
1419 Swetland Street Was
Talking with Brace.
Another new case of small pox was
reported to Dr. W. A. Paine yesterday.
The victim is 'William J. .Morgans,
aged 30 years, of 1119 Swetland street,
and it is the outcome of close contact
with William J. Brace, In whose house
George Lewis, the first victim of the
disease, died.
Morgans is an intimate acquaint
ance of Brace, and says he was In con
versation with him the night Mrs.
'Brace di'jd. Brace has not fallen a
victim to the disease. Morgans was
taken ill on Sunday morning, and the
physician who was called had his sus
picions aroused. He called another
physician In consultation, and hoth
agreed that the symptoms resembled
small-pox.
Yesterday a rash broke out on Mor
gans' body, and Dr. Paine was notified,
and provounced it a clear case of
small-pox. He immediately had the
house quarantined, and Patrolmen
David Davis and 'William Matthews
were assigned to guard the premises.
The members of the family are also
fiuarantined in the house.
Morgans bad been engaged in caring
for Christopher Fichlcr, of North
Bromley avenue, during the latter's
illness, which was a ease of pneu
monia, but had complained of being
111 prior tvi the time he took to
his bed. Fielder is convalescing.
Morgans had not been vaccinated, but
his oldest daughter was a year ago.
His wife and youngest daughter were
icclnated yesterday.
The Morgans home is within a half
block of No. IS school, and in all like
lihood Health Officer Allen will today
order the building to bo closed.
Dr. 'Paine says there are no now de
velopments In the cases previously re
ported from Priceburg and Throop,
The quarantine on the Hraco and Par
ry homes has not been raised, and will
not likely be for some time to come.
KLOON AND HIS CHILDREN.
Imprisoned by Flames in the Second
Story of Their Home,
I A fire, with some very exciting fea
ture:, occurred yesterday morning in
the houso occupied by John Kloon, of
Hubert avenue. The lire started In tho
basement irom an overheated stove,
and when the firemen arrived they
found Kloon and his two children, ages
tl ami 10, Imprisoned on the second floor
by tho tlntnes.
Kloon took them to one of tho win
dows and dropped them into tho nntts
of the tlremen, who stood below to re-
five them. He escaped himself by
climbing out on tho front porch and
dropping to the erround.
Ko ticrcolv did tho (liimcs attack tho
building that, notwithstanding tho ef
forts of tlio liromen, It was burned to
ihe ground. Tim lohs will bo about
?:',ono.
DIRECTORS WERE CHOSEN,
Annual Meeting of Carluccl Stone
Company Held Yesterday.
At tho annual meeting of the stock
holders of tho C'arluei'I Stone company,
held yesterday afternoon, tho following
directors were elected: Conrad Schroe
der, K. A. Clarke, Frank Phillips,
Frank C'arlucci and Nicholas Cnrluccl.
Tho directors organized by electing
the following officers: President. Con
rad Sehroeder; secretary and treas
urer, K. A. Clarke;, general manager,
Frank CarJueel,
t
.
$
ti
.'
ti
.
ti
fc'
X?
ft,'
;
K
nr
tt f; H H H H , H H . Vt, HttKH t
TEN DAYS
Change,
From Coffee to
POSTUH has done
much for MANY.
It may do much
r YOU.
M
' A 'A 'A 'A A "A "A 'A 'A A 'A 'A 'A A A 'A
KVTffl 5 St.
I City Notes j
AGAINST CITY
WATER PLANT
DECISION OP JUDGE HALSEY IN
CARBONDALE CASE.
JMnkos Permanent the Injunction
Restraining tho City from Issuing
Bonds In the Sum of $145,000 to
Construct a Plant Necessary to
Supply tho City of Cnrbondale
with Water rull Text, of the
Opinion Written by Judgo Halsey
with Reference to tho Case.
Carbondale's fight for municipal
water received a discouraging blow
yesterday when Judgo CI. S. Halsey of
Luzerne county (lied nn opinion mak
ing permanent an Injunction restrain
ing tho city from increasing Its indebt
edness $115,000 for the purpose of secur
ing a city water plant. The Injunction
was asked for by Karl M. Peck, Frank
Hollenlmck, 1011 K. Hendrlc't. Andrew
Mitchell, A. I'. Trail tweln, the Delaware
mul Hudson company, taxpayers of the
city of Carbondale for themselves and
others who may join in the action, the
Crystal Lake Water company, the Fall
Brook and Newton Water company, the
Lackawanna Valley Supply Water
company anil the Consolidated Water
company. The defendants were the
city of Carbondale and J. W. Kllpat
rick, mayor, and N. L. Moon, city clerk
of Carbondale.
The Injunction was asked for last
summer and Judge Halsey was called
hero to hear the testimony and dispose
of the matter. There were a number of
hearings. Attorney.-! J. K. Burr. J. H.
Torrey and Patterson & Wilcox ap
pearing for tho plaintiff. The defend
ants were represented by City Sollclltor
Stuart, Judge Newcomb, C, Comegys
and H. C. Butler. The opinion covers
thirty typewritten pages of legal cap
and is as follows:
'ill:: (M'lXlll.N.
The elimination of thlx laic l before tho loint
upon hill, .iii-un and rtplkation, for the cm-
tinuanco nf a piclliiilnaiy Injunction lierelofoic
Kiautid hy tlio court icti'airi!n; the defendants
and t!i?ir mikc-Wii fioni ricjllng- a piopiwi'd
IttdihtcdiKM ot M4VKW and finni liuiu;r liomU
to futon' thi' unit' r an p.ut thcioof fur the
oiii'truttlon nf w Her woiK ;n the illy of f'.u
Imndalc mul ieti ilnlim tho ih Icn.l.ints ftoni
CMiutinj; ai'.v routiatt fur the contiutth n
of tho pinpiMi'il uatei Wl)lk and palut' any
oiilin'U.eo ti iluinjf any matlpr or tiling in
tuittici jiko nf their puipoe to iucic.ic tlic
iudihL'ilni'N-, of i.M city to enct said water
WOlk.
'tlio individuil plihitltt aia lcsidtnt eltl
n and ta.vpajei-, of the tity of C'ailmudi'c
in the county of l.Jtl..iu .111:1.1, 'lilt1 Del mare
and Hudson company is :i torpoialiori of the
state of New Yoilc and under its franchise1!
is allowed to hold laurN and transact husinesh
ill tlu slate uf Pernio lvania and under xiiih
ntitliouty is the owner of real estate upon which
it pays taxes in the city of l.'aibondjle. Hie
C'rjt.il Lihc Water comp.uiy Is .1 coiporatlon
created under .1 decree of the couit of com
mon plt-aa of Luemc county on the 19th of
AuKii.-t, 1SC7, for the purpose of Mippljing
water to tho cit of Carhondale. The orff.iniii
tion of the Ciystal LaKe Water company had
its inception in 1807 and gicw out of the
fad that fiom ls-31 doun to 1MJ7 there had oeen
ifpeatnl and numeious Hies within the munici
pal limits of the city of C'arbond lie. The fire
extinguishing appaiattis prior to 1807 was crude,
inetlieknt and inadequate. The numerous fires
happening within the peiiod staled resulted in
(zieat lo-fl to jiroperty holders and were so dis
astrous in lesults that it was difficult to obtain
insuiance against fires out of established in
fui.nuc companies. In many cases polities wcie
cancelled and when not cancelled, the premium
for insurance against flies was at a late that
was almost piohlbitie. Jfr. Jadwln was in
business dmimr this time with his In other,
and in hU testimony, lie sa.s: "Wo weie
buineil out three times in twenty-two month."."
That thcicaftci some of the insmance com
panies refused to issue any more policies. Some
of the reliable companies and others wanted
a eiy high rale of iusuianie, from five to
sewn per cent, and some higher. That be
cause of the conditions that preaiied with
reference to thes, it becanip necessary to r.-tjb-1M
some mcihod for piotccting piopeity in
terests from (onllagiatlou. That he in company
with some other gentlemen interested a picp
crly holdeis consulted Mr. Mamille, of tin1
Delaware and Hudson company, about the ue
of the rcsonoir at Xo. 1 hill. As a. reMiIt of
this inter; lew, a meeting was tailed for the put
wsc of organblng a company to supply watrr
tor fire purines. A t-ubsciiption paper was
prcpaied and the business men upon Main street
were risked to subscribe a. sum siifDeient to
establish a water supply that would be ade
quate to piotect tho propel ty Interests ugain-4
lire. .The money wai subscrilKid ami pipes were
laid tin ouch the city fiom the icsenuir at
No. 1 hill and fiio hjdrants placed at the
corners of the Mocks and Eonietlmos at Ihe
centre of the blocks. The oiganiratlon lining
its origin In the mib-rr!ptlon paper was -ub-tequently
inoorpoiatcd by the Court of Common
Pleas of I.uicme rimnty nn tho l!Hh of AuRiint,
1S07, with a capital stock of ,ono. The corn
puny was oilglnally oiganlzed, for Hie puipoiei
of protection from Hie, but subsequent then to
attachments were made to the plant for (lie
supply of liouseholdci-i for domestic purpose,-,
midei tiie giant? of Incoiporatlon whirl) win to
introduce into Ihe city of C'arbond tie 1
rufllrlcnt supply of pmo water from any spring
or stieams of water in tho city of Cirbowljlu
or in the neighborhood thereof to which Uirj
shall niqulii1 the light ami for that purpose
pioido, 1 reel and maintain all proper building-,
cisterns, lescrvoirs, pipes and conduits for
the terepllon ami con(.ince of water to In
intiodiurd Into the dly of Carbondale ami
fiom time to time to renew and icpalr the
fame. The gt.mt to the Crjstal Lake Water
(nmpiny was to supply water to cjiisunieis In
the city of CulMndale, This mppl t-Jine from
Hum es on the nortlieasteily sld;- of tho Lacka
wamii ther which passes through Ihe centre
of tlio valley in which the oily of Cuboiidale
Is situated. The city is laigely built on Ihe
northeasterly side of the ijier. The location
of tho places nf business and hrgrly of tho
householders Is upon the Katun ItJ or was at
th tlmo of the ineiitpsiathm n tho Crlal
Ijke Water ronipui. Iluweirr, 111" Ci.istal
bike company did to 1 certain extent supp'y
con-'iimers with water fiipm the iciuthwc-tir'.v
side of Hie river. The consumption of water
hy th vnstoiueis of tin' Cr&tnl Lake ennipmy
laigely Inircased between the jlile of the in
cm poi.it Ion und tlio lime of the tilling of
tho bill in this case. The muicis of Mirply
Iijc been very largely increased and large sums
of inoiiry hale been ospended in the nilaige,
nient of the pi int of the compiny, In lelajlng
pip.) lines with largtr conduits, tho building
of substantial and larger rescnoirs so that IN'
quantity of water of the Crjutjl Lake company
U amply sulllWnit to nipplv thu licin.inJs nude
upon them by the consume, s.
WATCH COMPANY rOHMKII.
In IS'Jl a water company was organhod hy
lirlue of an application to the (ioveuior of
I'eniHjlwmla under the net o( '.'Jth Apiil, IS7I,
for the. ineorpoiatiou of a water company to
be lulled the Tall Hrook and Newton Water
lonipaiiy halng for its purpose the Introduc.
lug, supplying and furnishing of water to tie
publiu of (he oily ot Carbondale, lounty c(
Lackawanna, Mjtu of I'tiinsylvaiila, mid such
persons, partiieithins und associations residing
tlicrelu and adjaitnt thereto as injy desiie Hj
same, t'pon this application, thru1 ivjj a lit'
m1 of Ineorpoiatiou by ths approval of the
goieinor on the 31th of Member, isai. This
coii.paiiy was organized and a plant toiutruct.
ed uhlih obtained its water fiom a ttnam
known as l'ull broojv, The ronsuinptioii of water
from the l'ull llrook and Newton company was
laigvly by that ot lonsmncis oi tlio south
weifttrly side of tho Lackawanna rlur. How.
cwi, it did supply a limited number of con
sumrrs on the northeasterly side of t lie rlier.
On the 1st of October, 1S'J7, the goicmor, by
approval, ineoriwiatcd tho Lackawanna, Willcy
Water Supply lompany under tho art of 3th
April, 1571, and supplements, for the supply,
storage or transportation of wter power for
commercial and manufacturing purposes lu the
dlrlrteli comport! of the counties of Lsckawinnii
our! Bujqtierunnn. On the 28th of February, 18W,
the governor of Pftm.lvtila, under (he act of
4Dth April, 1874, and the crcrl sitpplemlits
thereto, by approral, ileereed n Incoiporatlon
which was dmotnlr.alert the Consolidated Waler
Supply company, having for lis ptirpwr1 the sioi
ago or lraiiportlloti of water and water power
for rommerrlal unj tuamifiictnrltiR purpoies (or
the ill'ttlcta tompo'erl ot the ronntlrs of Lacka'
wanna and usqiiehaiin,i, On the ltlh of April,
ISO') Hie 'Cr.utal Luke Water company, by vir
tue of an agreement of (hat dale with the
Consolidated Watei Supply company, lea'ed and
demised to the Couiolldated Water Supply com
pany, all Hi water wotka, llama, tescnolm,
pump', pIpsK, giles, real estate, right of way,
rontiuils, leae, etc,, to the Consolidated Water
Supply company, Its uucces-ora nnd assigns for
tlio tun term of filly yearJ from tha 11th day
of April, ISO!), and covenanted to keen up the
oiganltttlon ot the lessor company and fulfill
IIh obligations under Its coiporato treallon. On
the 1st of October, 1807, by virtue of an agree
ment between the Pall llrook and Newton com
pany nnd the Lackawanna' Valley Water Supply
company, the l'all llrook and Newton company
leafed all Its pioperty, buildings, pipe lines,
etc., of one compiny to the other for the
pirlod of iiltipty-nlnp years at nn annual lenliil
nnd wllh n covenant to discharge the duties,
contracts1 and obligations of the leor ciiiipiny
which may Uvp obligated it-elf to perforin.
On the lit h of April, 1KIU, by an agreement b'
tween the Lackawanna Valley Waler Supply
company nn.t the Coti'alldnted Water Supp'y
company, the Iickawaima Valley Water Suuply
company leased all Its water works Including
dam, reservoirs, pumps, pipe, gates, real cs
tote, right of way, contracts, leasef, income,
icnts, lsua ond proftti, particularly Including
tho piopeity held by It under lease from the
lull llrook' and Newton company IWi
succesors nnd asluns for the full peiiod of i
(Illy cars from the 11th day of April, liSIW.
The city of Cathondule at (lie time that the I
bill was Hind In Hill case was pa.vlng to the
Coii'lldated Water Supply company for slxt.v-onel
lire lijiliunti tint drew water from the Ctyatal ,'
Like Water Supply coiitpjny nnd uli for publli' '
buildings, tity and municipal buildings and,
Columbia lloo house, the Mitchell house and
drinking fountains and --even or tight whooli
houses and up In IS'11 for auloniatlc Hush tanks'
illsihaighig 1 vvke In twenty-four bonis, one'
hundred and fifty gnlloni of water to flu-li si-1
inch dcvvir pipes. Then- were llfteen of the -c I
t.inkr. Th"e tankv were lonnet'lcd With the!
Cr.iat.il Lake Water Suppl comp-iny's plant hy
the city engineer of tin- tit of Carlioiiilale met j
wile in Use upwind of nine 3 ears prior to
lsir). "J l.o l'all lliool: and Newton lompany up
to the time of the filing of the bill in this,
c-a-c had spuntccn file liidiaulii altachtd to a'
put-of their water plant whUh weio used by'
tlio illy of Caibondale fur the putposrs. II
also supplied school houses and school buildings.
'Hie public Use of I lie w.ittr In these buildings
was for closets, hos'e purposes ai.d sprinkling.
Tilt's- several Items of n-e by tho city uf Car
bond dc of the w.ilei of these iciir.pinlc) began
in the pajment by the ilty to the Ci.vslal Lake
toinpjiiy on July 2, lsiK, of the sum of live
bundled and sKly dollars; to the l'all Iliook
and Newton Water Supply tompiny on duly
17, 1SI).i, ut thiic bundled and eighty-seven doi
lais and titty cuts. In addition to the par
ticular payment for water 11-eil, Hip city iNo
paid for appliant'ts and fees governing their
u-e of the w.ilcr fiom tliee le-peetive companies.
Aftir tin' liausfer by lea-o of the Cistal Lake
plant and the l'all Il'iool: and Newton plant,
the tity lontluued its rehtlons with these
water companies bv pa.vuii-iit of lliu rents and
the iutldintal iharge.s accuipanving the ue
of the water by the city. I'puii June IP, 1SM,
the ilty euunells by lesolution diiccted Hi it
the rity solitilor be authotlzed to diaw a
rontrjct brtwceu Hie cit of Cirbundalo and
the Coii'-olidatcd Water company for the tui
nWiing of water for the said city by the said
compmy for the oar ending April 1, lXl, at
the sime late that is now- paid by the city:
and Ihe proper otilcers wile directed to OMfitte
the said contract on the part of the ell.
CITY MM)i: 1'ItOVIStONS.
It finlhcr appears that upon Marcli 17. ltiod,
that the tity of Carbondale by an oidinauee
then appioved, made provision for the tieatlon
and erection of .1 uuiuicipal water plant to sup
ply tho citizens with water which would to a
large exlent duplicate the plants of the Cr.vstal
Lake Water Supply company and the l'all Ilrnolc
and Newton Water Supply company. By sittue
of this ordinance, there was submitted to the
electois of the city of Caibondale, on Nov. 0,
11)00, the question of tiie inciease of the in
debtedness of the city to the amount of one
hundred and foily-five thousand dollais for the
purpose of erecting a niiiniiip.il water plant. As
a ieult of the election thus held, tlieie were
1(,70 votes east in favor of suih increase and
K2S yotca weie east against it. O.i June '12,
1(101, the city authorized the issuing of bonds to
the amount, of ic.ic bundled and forty-live
rcnCati
o
F
sj 'bt y fK
A practical knowledge, sufficient to communicate,
carry on a conversation, and read and enjoy many
charming stories, and with subsequent study WITH
OUT AN INSTRUCTOR to read and appreciate the
exquisite beauties of French literature, A rare edu
cational opportunity.
Last Course
in Scran ton
Satisfaction guaranteed. Terms payable end of
each week,
No preparation of lessons. Learning of a language
made a pleasure and a pastime. Instruction and en
tertainment combined. Following Is from a .letter
from the last Scranton class, "You have kept all
promises; and now at the end of five weeks we find
ourselves possessed of such a practical knowledge of
French as lo enable us to converse quite freely on or
dinary subjects of conversation."
Interesting demonstration by Prof, J. S. Salter
(University Paris) late Instructor Columbia University,
New York, Four
Free
Lectures
Enlivened by a remarkable series of novel and striking
illustrations, Wednesday and Thursday, afternoon at 4
or evening at 8 (January 29-30) at St, Luke's Hall,
Wyoming avenue, below Linden street.
thousand dollar ami tins Inrrease of thr Indtbt
ednes of the Hty by a like sum and the con
struction ot it inunlrlptt water plant and the
levying of n tax for th year 1001 of two mllla
on the dollar of valuation lo be followed by
other Utr regularly thereafter io rfay the in
tcrent on wild bonds and provide a alnklng
fund lor Ihe ledeniptlon tlfcrcof. 'fhp estimate
ot the cost of the municipal water plant vvca
haed upon a report of the city engineer, dated
June 17, 1001, lu this report the illy engineer
tr.tkca an estimate of the cost ot construction
ot .1 reservoir built upon the Itamom tract in
whlih tin s.i.ls! "My rttlmato bated upon a
reservoir built on the Hansom tract located
southeast of Carbondale and to contain a storage
capacity of not less than three hundred million
gallons ot water, which in my Judgment frrtn
hr'onal observation nnd actual measurement
taken of the flow of water last fall and Ihls
spring, can bo obtained. Had thla proposed res
ervoir been built last fall It would have filled
with water by the first of Jannaiy and with the
rains which wo have had this spring would
have filled Ihe reservoir two or thtee timed over."
The ll.iiniiin tract la within the water basin ot
the Jenny n Wntei company whlih gets lbs supply
ftoni Ajleswortli ileek, The Jerm.vn Water com'
pany vyn Intorporited under articles of Incor
poration, approved by the governor on June 1",
)8SI, iiniltr the provision! of the net of April
211, 1871, and Its supplement. The purpose of
Its Incorporation was to supply watrr to the
public of the borough of Jennjn, Lnckavvanna
enmity, l'enii-ylvitnl.i. At the time that the bill
was (lied In this case theie weie iix hundred con
sumers 011 the Jerm.vn plant which required on
nn average one million gallons of water per diem.
what iinrnNDANTS ALLnai:.
'the defendants allege that the Crystal Lake
Water Sjpply conip.111, tl.e l'all llrook Water
Supply company, their lessees, the Liihavviuuia.
Valley Water Supply company nnd the Consoli
dated Water Supply company .it the lime of the
nllng of the bill in this ca;e did not have the
exclusive light as a franchise to supply the
Inhabitants ami water consumers within the
municipality of the city of Ciuhonelalo. That
the said sevenil waler companies have not pei
foimcd and fulfilled the requliements of the
law in supplying the persons who desired (he U'o
of water ol the scvoial rcsp.-ctlve companies
and whin siipplving ltrsons Willi waler, Imposril
upon (hem oneious bullions condition to Midi
supply. 'Jh.il tho ripply of water was not a
supply of pine water, and that under the cor
poiate giant to the Consolidated Water Supply
romp my it h.id no suili legal existence as to
nuthoilze It lo supply water at all to tonsumers
within the municipal bound nies of tin1 city ol
Caibondale. This general statement of the con
tention between these lespeltllc lltlginls, tl.e
oiators and the defendants. Impose upon us to
detennliie (t)JtiR the Ci.Vstal Lake Water Sup
ply i&mp.iuy, the Kail llrook Water Supply
10mp.ui, the L.ickiwanu.1 Valley Water Supply
company and the Consolidated Water Supply
company by leison of the tel.itions tint li'ive
el-lcd hy vlttui' of the eontiiicts between them
heiitofoie in the nutter of tiie supply of water
and the ilty of Caibondale etchislve rights as
ag.iin-l the ellv of Caibondale for supplying
water to the titlrens of that municipality? (.')
lias the lily of (.ubondile thiougli its lnuniii
pal leglohiluie legtll.v outlined, authority for the
eutlion of a municipal water supply planir
(a) Is the ( onolidatid Water Supply company &
person tieattd under the law that would hive
the powtr to supply the city of C.iilwndile
with water (b) Is tho liiikbtcdnera treited
by the ordinance tor the establishment of a
water supply lompany in violation ol Section 8,
Article IX "of the mnstltiitlon of Pcnnvlvanl.i,
that the dibt of any county, city, borough, town
ship, seliool iPsiiict or other municipality or
intorpoiated ciistiiet except as heiein pioviiU'd,
shall never exited sevt-n per centum upon the
a-ses-td valuation of the1 taxable piopeity there
in; nor shall any such municipality or distritt
incur any new debt or increase its indebtedness
to an amount exceeding two per centum upon
such assessed valuition of propel ty without the
:isent of the eliftois theicof at public cleitirn
in such in inner as shall be piovided by law
and the act of assembly, appioved the 20th
of Apiil, A. I). 1371, P. L. Co, entitled. "An
act to regulate the 111 inner of increasing the in
debtedness of municipalities, to piovide for Ihe
redemption of the (time and to impose penalties
for the illegil increase theieof."
mriNIH'C.S 01' l'ACT.
Kiist 'Hie tity of Carbondale wis iutoipor.ited
011 the 13th day of Match, A. V. IS'jI, and on
June 6th, lS'fi, accepted the provisions of (be
constitution of Pennsylvania which went into
effect on the 1st day of Januaiy, A. P. 1S74,
and of tho general coiporatlon act, entitled "An
act to piovide for the Incorporation and regula
tion of ceitain coiporatlons." Appioved April
20, 171.
second On tlio ltlth day of August, 1&07, the
Ciystal Like Waler Supply company was incor-
Coi.tlnued 011 Page 3.)
1ER VERSION
NOT ACCEPTED
PLAINTIFF WINS IN THE LOF-TUS-HAND
CASE.
Jury Hotunis n Vei'dlct in Favor of
Mr. Loftus and AgnlnsiMrs. Hand
for $1 10.45 McGovoin and Tnylor
Damngo Cases Still on Trial Keg
Fund, on Being Sued for Benefits,
Declares tho Plaintiff Practiced
Imposition Another Nomination
Contest Exceptions Overruled.
A vertlli't for tlio plulntlff In tho sum
of $100, with $10.45 IntercHt, was re
turned yesterday afternoon In thu case
ot II, V. Loftus ngulnst Mrs. Hrldget
Hn lid.
llr. Loftus sued on n claim for ser
vices rendered In nn effort to effect a
sale of Mrs. Hand's life Interest In tho
estate of her deceased husband, HIcli
ard Mcllugh. Hlto thought to sell to
the Mcllugh heirs, but as she and their
chief representative, IMclmrd MeHugii,
were unfriendly, she had to secure a
mediator.
Mr. Loftus, according to his state
ment, was engaged by Mrs. Hand to
bring about a meeting between herself
and Hichard Mcllugh. She promised to
give hltn $100 If lie performed this ofllee,
and when ho remarked that she cer
tainly ought to be willing to pay that
much, she answered that she would pity
$300 if ho was successful,
The meeting was arranged and an
agreement reached. This agreement
was that Mrs. Hand would sell her In
terest for $0,000. Litter she repudiated
the agreement, demanding .$2o,000. The
McHugh heirs would not consent to
this figure, and no sale was effected.
Mr. Loftus demanded pay for bring
ing about the meeting, but Mrs. Hand
refused to give him anything, alleging
that the understanding was he should
be paid only In case a sale was effcctei!.
The Jury decided in Mr. Loftus' favor,
but allowed him only the amount she
first offered to give him.
The case of Owen McClovcrn against
the Lackawanna Iron and Steel com
pany was on all of yesterday befoie
Judge Newcomb In No. 2, and lis likely
to occupy today and tomorrow also.
Much of tho day was taken ip with
arguments on the admissibility of evi
dence. Before Judge Lynch, in court room
No. 3, the case of Ellen Taylor against
the City of Scranton is still on trial.
In the case of F. O. ltarrlck against
Dr. W. D. Domic, a verdict for the
plaintiff in the sum of $'16.'M was en
tered by agreement. It was a suit on
a bill of goods.
Judge Kelly, in the main court room,
is trying the case of Owen Flynn
against the Ontario Accidental Fund.
The plaintiff is a miner, employed at
the Ontario colliery at Winton, and in
1898 was a member of the "keg" fund
connected with the mine. He reported
himself injured on the shoulder by a
fall of roof andfor four months drew
disability benefits from the fund. The
fifth month, when he applied for his
benefits, he was refused. He did not
return to work until forty-seven days
after the benefits were stopped. His
claim is for the regular allowance of $1
a day for the forty-seven days.
The defense is that Flynn was never
entitled to any benefits. Under the rules
of the fund, a member can only draw
accident benefits for an injury received
in the mine. After Flynn had been re
ceiving benefits for four months, it was
learned by the officers of the fund that
ho had not been injured in the mine,
but instead hail sustained his injured
shoulder by falling down a flight of
stairs at the home of his sister in Dun
more. L. P. Wedeman represents the plain
tiff, and James J. O'Mulley, the defense.
Michael Morrow, president of the fund;
John J. Donnelly. Its lecordlng secre
tary, and John Tldlpy, its financial secretary,-sit
at the defendant's table.
The case of the Pennsylvania Central
Browing company against Julia Ollll
gan was continued by agreement,
Exceptions Are Overruled, .
Judge Edwards yesterday handed
down an opinion in tho case of Eliza
beth Kraft against Charles Nouffer and
Minnie Meyer, dismissing- the excep
tions filed by the plaintiff to his forme:
opinion, in which it was decided that
the defendant, Mrs, Meyer, is entitled
to share in the property of the parents
of her deceased husband, of whom the
plaintiff is a sister.
Tho plaintiff sought to prevent her.
sister-in-law from sharing in the es
tate by showing that tlio deed of trust
given by the parents to Mr. Neuffer,
under which Mrs. Meyer claimed an in
terest in the property, hud been re
voked ond that a will was ufterward's
made bequeathing the whole property
to Mrs. Kraft, to tho exclusion of her
dead brother's wife.
Judge Edwards ruled that the trust
wus Irrevocable and tho will, In conse
quence, null and void. Ono of the
grounds on which he made this ruling
was that the parents had acquiesced In
tho trust for n long period of years.
Tho plaintiff wanted the case reopened
to permit of the Introduction of testi
mony to show that two attorneys had
been consulted by the parents with a
view of having the trust i evoked, and
that they wero told It was Irrevocable.
This testimony would combat tho al
leged long-continued acqulehcenco In
tlio deed of trust, Judge Edwards, In
Ills opinion of yesterday, said that this,
even If shown, would not affect Ids for
mer ruling,
Counter Objections Filed.
Objections to tho 'certificates of noml
nation of M, J. Coyne, for select coun
cil; Michael Connelly, fop common
council; Thomas arilllths, for con
stable, and Joseph Murphy, for assessor
of tlio Twentieth ward, were filed yes
torduy by Attorneyn M. J, Donahoe and
Charles K, Olver, represent lug Mark 1.
Cahalln, candldatu for select council
against Mr. Coyne.
Cahulln and Coyne weie rival candi
dates for tho Domocratlo nomination,
and Cahalln won, Then Coyne sought
and secured the Independent nomina
tion and nn ondoi-hement by tlio lle
publicuiis. C'tilialln also got what pur
ported to be the Itepubllean nomina
tion. Coyne last week began a contest
of Cahalln's Kepublieun nomination,
and Cahalln now brings n counter-con-test.
The matter will bo heard tomorrow,
as will also tlio Thirteenth waul and
Old Forge contests.
Hearing in Howell Case.
Judge A, A. Vosburg will today con-
duct a heuring on the motion of Mrs.
Jennie Dean to rompel her brother,
Franklin Howell, to render an account
of his management of her estate. Lay-
:gmmmMmmmimmmMmmMSMfa
fREMNANT SALE
Odd Pieces, Parts of Sots
what you want lor half of its real value. Odds and Ends will ac- w
cumulate, and if we did not cut tho price deep enough to make JJ
them' go In a ihort tlmo wo would havo a store full of Remnants. .
If you find what you want you get a bargain,
flf Will ftllV A Large Wedgewood Jardiniere, 12-IncIi Cakc
t3t.W,k 1.a.k
naie, lat-o
tlons; Cut Glass Oil or Vinegar Bottle, Bonn Bowls, Decanters
Water Bottles, Dinner Sets, Odd Parts of Dinner Sets, Lamps.
Geo. V. Millar &
3?
FURNITURE
Have you in your attic a favorite chair with the upholstering in
bad shape, an arm or a rocker broken, or perhaps having the springs
out of order, waiting an indefinite sometime to be repaired,? Let us
mend it, repolish it, put a new cover on it and send it back to you as
good as new.
S&ranton Beddmg Go,
F. A. KAISER,
Lackawanna and Adams Avenues.
a
OUR GL0SIN6 OUT SALE I
OFFERS
! Wonderful Shoe Bargains
8 -r
J &
n
Are You a Lover
Of the Beautiful ? '
Do you wUli to have pretty ring.-,? We will
be pleased to lovv yon Solltalie Diamond
Ulnsrs, Diamond and Emerald Rings, Dia
mond and Hiiby Ring. Diamond and Opal
Hint;-, Diamond and Sipphlrc Rin?3, Dia
mond and Tuiqiioii Itlng-. Wo will moirit
any desired combination to order.
E. Schimpff,
317 Xackawauna ave.
ton M. Schoch will appear for Mrs.
Dean, and O'Brien & Martin for Mr.
Howell.
Marriage Licenses.
Lovvu I.jndsicdol Itamom
llniiiia Maui ItanK..iii
(lelbeit II. Tlionu 1MB Luia.ielti1 slice:
Catherine Howell 122 (iarftelj avenue
Cluiles Sscac1 ras Scratit-u
(,'eitimle tlrandru N-iantMi
John D. Ki;o-.- Sei.intnu
Mrs. Maycrtc Drown Soiantoii
A PUN THAT FAILED.
Unsuccessful Attempt to Increase
Salaries Made by Members of
Estimates Committee.
What appeared on its face to be u
deep-dyed plot to raise salaries riKht
and left, was nipped in the bud last
night by the sudden adjournment of the
joint estimates committee.
Tlio committee started out nice and
smoothly after the meeting had been
called to order, the changes which had
been made by the sub-committee being
nil adopted. The first change of any
Importance that was made was the in
sertion of a new item of J:',771 for
thirty-eight electric lights at $73, that
number being provided for in ordi
nances which have been passed or
which are pending.
Joseph P. Evans moved that an item
or ?900 for tho salary of an olllelal to be
Known as the "second assistant city
clerk and clerk of tlio common coun
cil," be inserted in place of tho Item of
$000 for the salary of tlio clerk of the
common council, stricken out at the
previous meeting of tho committee.
It was rilled that no such olilco ex
isted and that a salary for It could not
be provided. Mr, Evans then moved to
reconsider tho former action In strik
ing out tlio item ot $000. Mr, demons
contested his right to movo to recon
sider, whereat Mr, Evans declined that
inasmuch as there was no quorum pres
ent at the previous meeting, everything
done was illegal, and that a motion to
reconsider was not necessary. Chair
man Wagner allowed the motion to ic
conslder, which was adopted, tiie Item
of JGOO being then re-Inserted by the
following vote:
Vims H-leU f'oiiiullii'.i M Miv.1 .mil ll'Mullcy
and t'liiiininn Coundhiiiii .1, I'. Kun;, Mc
Crervry, l'lillliw, tuhnuii, I'mini-lly 7.
Na,v Selcvt C'oiinelliiien CKiuoiia, Vauxlun,
Oliver, Sehroedcr, Mrrrlnian and Common Conn
illnun lvi'llei 0.
Mr. Connelly sprung the tirst of tlio
series of salary raises, which It is
understood wero ready to bo sprung,
by moving that the salary of the chief
clerk of tho department of public works
be raised from 57SO to $1,000, Mr. Evans
championed tho motion ami pleaded for
"si Just and equltnblo distribution of
spoils."
Mr. Vnufilmti was apparently uwtire
that an effort to raUe salaries would be
made, and stated that he had spent tho
afternoon In looking over tho appropri
ation oidlnance for the year 1000-01 and
comparing It with tho estimates for the
coming year. Ho had found, ho said,
thut there wos an increase of $17,090 In
tlio matter of salaries in two years und
thought that councils had gone quite
far enough along this line.
The motion to Increase tho salary was
lost by a tlo vote, and befoie Mr, Evans
could recover from his surprise u
motion to adjourn hud been passed
with lightning-like rapidity,
3&
an opportunity to buy possibly jli.v g?
-,
..1h. mhJ h.aII.I Mixta it......- J.aa..
5
uuko aim uiuiiy mwis, nuwur uui-uri.- m"
Co. "LWKEX
REPAIRED
m
MANAGER.
Both 'Phones
s a
Oft
S fid
twBia
A Difference
There is as much difference In
Diamonds as 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. Schlm
an .uacitawanna ave. nj
5 JKitaXJftvV.WaSB jgrjgf
412 Spruce St.
THE WATER QUESTION.
Recorder Seeking Information from
Mayors of Cities.
Itcconler Council, having obtained
from the lending citizens of this ity
thpir individual views on the watrr
question, is now set king information
regarding the water systems of other
cities of about the same size as Scran
ton. With this end In view, hu Is send
ing out the following chculur letter to
the mayors of such cities:.
, Januaiy 1, UWJ
To tlio llonouble, the Majoi uf lliu tity
pr.ir Mil I am iiMkiiiR tume iiieiiiiilis niivjiu
icruln elite) of the I'nilecl States ulitlvn iu
imbllc vvjUt vvoilo, and will lu lae.illy cildkc I
lu joii If you villi kindly uftc m the lHWt
rity officii! the few annexed iullun- bp,niiu
on thht liiulUl, vvith jMir lo.iiet tint i-iteh In
lulliutlcjii lie fiirnUlicd in a- you have at hnvl,
Vsiy le-iiaUlully .vouru,
t in1 ItedoiilcT
Docs Jem ill own mul operate, lt own waler
NejlKw
When was jour iiiuiinilii.il plant Instillnl and
what '.i iH cut?
Ilmv many nilliJ of ilt luve .vuuV
h vuiir ilniil :i iiiuiiliu ul Krivity IniialU1
Hour"
What rate U ihiised to private tuttoinei-sr
What rate U Uuruvd to public1 oi- mamifJetia-
Iks vum-eml?
What are .voiit- .ippio.liiiite hium lUilnUl
What me join- total (,per.illiix evwu-o, m
lUidliii,' the llilciest iliJlKii on ;gur liiye.tin l. 1
Auction Sale of Frames, Picttues
Etc, at the Cut Rate Art Shop,"30
Lackawanna Avenue, "
Por four days only, umimeticliig
10.30 a. in. Wednesday, January 2!,
Everything mu.u go us vu tiro obliged
to vacate lliu storo H.ituiday evening,
February 1. Hales from 10.20 to 5 p. 3Si,
Hanley's "Boston" Brown Biead.
A, delightful bread change. At ISO
Spruce street.
Qeneral Lavello Dead,
ily l.Vlushc Wire from Tho Aswcljicd rius.
llueno, .v.jrcs, Aiyentlns Republic;, Jan. Si. -General
l.evalle, tlic fornntr minUtvr of wur,
la dead.
Spring Style
low Ready