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8
AGAINST CITY
WATER PLANT
(Concluded from Vise :!.)
poratcd In the Court ot Common Picas nl Lu
leme county and has not accepted tlic provision!
of the corutltutlon ol Pennsylvania, which wont
Into effect on the 1st day ol January,' 1974,
or of the general corporation net entitled, "An
net to nrevlrlo for the Incornoratlon and rcfrula
tlon of certain corporations." Approved April
t!3, 1ST. .
Thlrd-Tho Tall tlrool. nnd Xevvion Water Sup
ply company vvm Incorporated by apptoval of the
articles of association hy the governor on tbo
2ltli of November, 1601.
Fourth Tim Lackawanna Valley Water Supply
company wa Incorporated by opprovnl of the
Koicrnor of the articles of association on the
lt of October, 1SD7.
fifth The Consolidated Water Supply com
tuny was Incorporated by approval of tho articles
of association by tho governor on the 2Mb of
February, IStiD.
Sixth The city of Ciirbotidalc by the action
of its councils, beginning with the year ISO?,
was In contract relations with the Crystal LaLo
Water company for the supply of water to the
illy of Carbondalo through tire hydrants nnd for
municipal supply at an iiiiiunl rate that was
paid each year down to nnd Including April
21, 16!.
Seventh That from July 1", lsOa, down to nnd
Including Dee. 22. 1SI)7, the city of Carlrandaie
paid to the Fall llrook nnd New ton Water Sup
ply compiny for water Km lee an annual ron
tract consideration.
lllghlh That from Miy 1, 1.f5, to April 7,
JE1?, the city of Cirboiulalc paid for public pur
poses, water rent to the liclavv.itiit i Valley
Water Supply company an innuil consideration.
Ninth That from May 17, 161) to May 13,
HOI, the city of Cubondale paid an annual cmi-s-ideratlon
to the Consolidated Water Supply
company for water supplied for publlo purposes
to the city of C.irboiid.ile.
Tenth Tint upon the SCth of March, lfeM, an
ntriocment wai entereil Into between tho Crystal
Lake Water company and the cjt.v of Carbon
ilalc in which the Ciyntal Like Water company
agreed to furnish watir for Hie purposes foi all
hydiants which now mo or may be reached by
the pipes of the ald cnmpiuy for tho teim of
three voars liom tlir 1st el ly of April, lSinl, for
the pilco of fifteen ilollaiii per bjdrant per year;
the city to furnish nnd place slid hydrants, make
nil connection under the supervision of the said
first party or their superintendent; the lental
to bo payable scini-amiuiUy anil was foi a term
of three years. ,
M.V11F, A COXIIiAGT.
Klovenlh On tho lOtli of June, ISfU, tho select
ceiunril, nntl on July 10, ISM), the coalmen
council of the cily of Carbond.ile, by resolution
approved by the mayor on July 12, 1S9P, directed
the city solicitor to draw a contract with the
( nnsotidatcd Water Supply company to fnrnu-li
water for flic purMc- only for all lire hydrants
which now arc or may be reached by the pipes
of the said compan', the minimum number to
be paid tor to be not leas than seventy-eight for
a term commencing April 1, 1SOT, and ending
April 1, 1001, at the price of fifteen dollars per
b'drant per year; to furnish the city of Car
bondalo water to flush tanks for seweis and
for fountains for the price of twenty cents per
one thousand gallon and te furnish water for
citj buildings and fur fire department buildings
st the same ratc-e as are charged to the public
The contract provided in tho e-aid resolution was
prepared by the city solicitor, but was not exe
cuted by the major on behalf of the city tor the
reason that there was not appropriated enough
money to cover the same.
Tw elf til That upon the 17th of June, 1H01, ?.
II. hupp, city engineer, in response to a resolu
tion of the select council of June S, 1001, made
an approximate estimate of the cos-t of con
structing a complete water woiks system in the
city of Carbondalo bised npon a reservoir built
on the Hansom tract located southeast of Car
lmnelale and to contain a storace capacity of not
less than three hundred million gallons of water.
Thirteenth That the said Ransom tract is
within the water bisln of Aylcsworth creek
which, by articles of intoiporation of the .lei
myn Water company, approved by the governor
on Juno 5, ISSt, was incorporated to supply
water to the public of tho borough ot Jeinijn,
LJcknvvanna county, Peimvlvania, and also to
the borough of JIayfio'd. The population Of the
former is five thousand and of the latter thirty
seven hunched. That there are approximately six
hundred consumers dependent upon this water
company with a demand of one million gallons
per day. That the said supply is at times in-t-ufflcient
to meet the demands upon it by the
consumers upon its mains. That during three
months of the turmnir of luni the Jennyn res
ervoir was dry.
Fourteenth That the approximate cost of the
construction of a complete water woiki, system
in the city of Carbondile, as lepra ted to the
city councils on June 17, 1001, by S. II. Kupp,
city engineer, is Sil73,S31.C0. In this estimate is
seventy acres of land, Hansom tract, $.V"I.
Fifteenth That the taking of tho said Han
som tract by the city of Carbondale for its
source of water supply would result in taking
part of the land interest of the Jermvn Water
company aud now in occupation nnd use by tho
Jermyu Water company as a part of its fran
chise. It would ehinagc the Jenny n Water com
p.iny by the taking of the Itansom tract nlmo-,t
to confiscation. The damage to the Jcrmyn
Waler company would bo ?250,O()O,
i.Ni)i:nrED.Nnss of city.
Sixteenth That upon the 2d of June, lCn, the
Indebtedness of the city of Cubondale was in
creased to tho amount of $145,000 for the pur
pose of the construction of a municipal water
plant. Tills Increase of Indebtedness was made
with the assent of tho electors in an election
held on the 0th day of November, 1000. The
indebtedness aforesaid was to be inclined for
the said purpose and the money was to be
laistd for that purpose by the issuing of bonds
numbered from one to one hundred and forty-fire
inclusive, bearing elate July 1, 1001, in denomina
tions of one thousand with coupons attached,
with interest nt four per cent, per annum, pay
nhlo between July 1, 10(W, and July 1, 1121, in
iluslvc. Seventeenth Tint tho total indebtedness of tire
cily of Carbondale on July 0, 1001, vva3 tsl3,
Wi.12. Kiehleenth That the amount of tho list pic
ceding assessed valuation of taxable property
of the city of raiboud-ilc, Pennsylvania, tho
same being the. assessment for thu year 1001,
was .',S05,07e).
Nineteenth The maximum limit under the con
stitution and laws of I'ennsylvanla of the in
debtedness of the city of Caibondale Is sjlEfl,.
418.S2. The present Indebtedness is l 1,000.12.
There can bo an Inereaso of only ?M,S"i2.20,
and no municipal water plant can be built or
undertaken which requires an Inn ease of indebt
edness, damage? included, more than said mm of
t?ri:i,3j2.20.
Twentieth That the erection ot a water plmt
with a water supply having Its source upon
1he Itinsom tract upon Aylcevvorth creek, now a
part of the corporate water supply of tho Jcinrvn
Water company would e-ause a damage of $230,000
to the said Jcrmyn Water company.
Twenty-first -The water shed of AvleMvorth
creek, Including the Hansom and Albright tracts,
has been In use by the Jennyn Water compiny
ss part of Its water supply for moro than tcii
yearn.
Twenty-second The estimate which was before
the city councils ot Caibondale ami upon which
the municipality must bo presumed to have
acted calls for a reservoir on the Itansom ami
Albright tracts on Aylesworth creek, anil the
taking of a portion of the water shed of said
creek would, be taking a part of the water lights
that for many years have been In iiso by tho
Jermyn Water company,
FINDINGS OF LAW.
First The city of Carbondale, under IU act
of incorporation by tho legislature of ibis statu
in 1S51, had granted to It the light to nukct
contracts for the supply of water for municipal
purposes. This power is an incident of its cor
porate creation and necessary for the proper
fulfillment of (he purposes of Its existence,
Second--I ho Crystal tuake Water company, In
cwporatcel ty a decree of the Court of Common
I'lea of I.urcma county on the 10th of August,
1607, was the lesult of the action of taxpaycis
nd property holders of the city of Carbondale
to create a water company for the purpose of
mippljlng water to the city of Carbondale to
protect properly interests therein against lire aud
for other purposes. .
Third The city ot Carbondale by several eon
tracts, express and Implied, entered into con
tractual relations with the Crystal Lake Wafer
company to supply water for Are and other
public purposes during each of the yer begin
ning wltb July 2, 1808, down to April 21,
1800, and thereafter with the lessees of the said
wjtcr company, namely, the Consolidated Water
Supply company, down to and Including May 13,
1001. These several Implied and expressed con
tracts were In many Initinrcs prior to the act
of May S3, US0. During the time between the,
lite of the Brst contractual relation between.
-JILIHJ
tins elty of Carbontlita and the Crystal taVe
Water company, mrntly, July t, 1809, 1nd
October, 188?, tho Crystal Lake) Water company
was call"d upon to meet the demands and re
quirements of the) city ol Catbondalt by the
expenditure of large sums of money to Increase
the source of their water supply and to dis
tribute their mains leading therefrom to meet
the demands of such Increassd wants to expend
large sums ot money. During this Interval of
time additional hydrants were placed at tho
request of the city of Carbondale for fire pur
poses and additional water was supplied to tho
city for other municipal necessities. In addition
to the express contracts entered Into between
tho Crystal Lako Water company and the city
of Carbondale, tho Implied conttaeta were con
summated by the city of Carbondale pjylng tho
annual rent for the use of water ot the Crystal
Lake Water company.
t'phrata Water Co. vs. r.phrala borough, 1(1
Sup. Ct. 480! "As a general tule, where Its
charter or the general law prescribes tho mode
In which a municipal corporation may contract,
it must be shown that the contract or obligation
sought to be enforced was made or Incurred
In tho mode thus preset Ibed, but In the absenco
of such provision, municipal as well at private
corporations may In many cases be bound by
Implied contracts within their cerporato powers
to be deduced by Inference from corporate acts.
1st Dillon's Mun. Corp. 4th 1M. Section 4.VJ;
Pittsburg vs. Dlggarl, M Pa. 420; United States
Water Co. vs. Dubois, 170 Pa. 400; lloiough of
Carlisle vs. Carlisle Cas nnd Water Co. 3 Cent.
Hep. b$t llyndinan vs. Ifyndman borough, 7
Sup. Ct. 101; San Francisco Oas Co. vs. an
Francisco, I) Cal. 453. Uniler tho clrcumstancrs
proved on the trial of this case, there was an
implied contract to pay for tho services! actually
rcndeicd even If It be admitted, which we do
not admit, that the written toptract was not
binding.
ACCF.PTKD Tim ACT.
Fiitirh The city of Carbondale, by due legal
action of the corporate authorities accepted tho
provisions of the general municipality act of
1874 and iU supplement; said acceptance
going into effect upon the 8th of June, 1S30,
and slnco the said date the city ot Carbondale
has been and now Is a city of the third clas
and subject to all general laws granting powers
to and regulating cities of that class In this
state, llctwcen the salil 8th day of June, 1KS0,
und the 2.'id dny of May, lfs5-, contracts were
cnteied Into between the Ciystal Lake Water
company nnd tho city of Carbondale for the
supply of water by the water company to the
city for fire purpose to be used through fire
hydrants erected by the water company upon
Its mains and for other municipal nnd public
purpo-e-s. These contract relations bring this
cao within the rules laid down In White, et nl,
vs. the City of Meadvllle, ct nl., 17 IM. 013.
"The rcfeiec !lnd that on Aug. l'i, 1S11, by
proper official nctlon the city of Meadvllle ac
cepted the provisions of tho act of assembly of
May 23, 1874, providing for tho organl7.itlon nnd
government of cities of the third class In which
class it took Its appropriate place. That art
authorizes cities of this class In thrlr corporate
capacity to supply with water tire city nnd
such persons, partnerships and corpoiatlons
therein as may desire the same at such prices as
may be agreed upon and for that purpose have at
all times the unrestricted light to make, erect
and maintain all rhoper water woiks, machinery,
buildings-, cisterns, reservoirs, pipes and con
duits for the raising, reception, conveyance and
distribution ot water or to make contracts with
and authorize any person, company or associa
tion to erect all pioper water works, machinery,
buildings, cisterns, reservoirs, pipes and .conduits
for tho raising, leccption, conveyance and dis
tribution of water and give such prisons, com
pany or association tho exclusive privilege of
furnishing water as aforesaid for any length of
time not exceeding ten yeais. The Fiftieth sec
lion of the same act in order to crTect tho pow
ers thus given more fully authoiiies the purchase
by the city at such price as may be agreed upon.
llio lights, privileges and hanchisos n any wmr
compiny then in opeiation and thereafter to
exercise nil tho iwnvcrs of the companies so pur
chased. The coiporation act of April
20, 1S71, gives to water companies tho light to
Introduce into boroughs und cities wlipievcr tiny
may be located a sufllciont supply of pure witrr
and when completed Its right in the locality
covered by its works is exclusive until dining a
peiiod of five year.-, the company has divided
among its stockholders a dividend cental to
eight per cent, upon its capital stock. Then It
is made lawful after twenty ycirs from tho in
troduction of the water for the municipality to
become the owners of the water works by pay
lug the net cost of erecting and maintaining
tho samp with interest thereon at tho rate of
ten per centum per annum, deducting from
such interest, however, any dividends theietofcio
declare-d. Here then plainly were two
distinct methods by which the miinleipility
could supply it-, citl:en.s with water. H.v putting
cither method in operation the ramc end was ac
complished, that is, the .supplying of the citi
zens with water. There is no repugnancy in the
provisions of the two acts. On the assumption
that one or the either alone will be adopted
to cflect the purpose there will be a. decided
repugnancy in their operation if both be put nt
work at the same time to effect that purpose.
WON'T TAY FOU DOl'Dbi:.
If anything lie manifest, it is that two water
maim be laid side by side on the same ijttect
equally accessible to the householder on each
side conveying double the quantity needed with
double sets of hydrants, pumping stations, of
fices, salaries and expenses, one or the other
must be abandoned. No community will pay
double for any aiticln of necessity or luxury.
If the property bolder lnirst by compulsory
taxation support the municipal system he will
not voluntarily support the private corporation
system. Such a touflict ot interests, will In
evitably bankrupt the system which depends
upon the voluntary patronage of the public. We
hcfilatc to ni-simic; cveiy court is bound to hes
itate long before assuming the IcgMatuio In
tends by grants to distinct corporations for
publlo purposes there shall arise sucli conflict
in the e-xvrciso of tho franchises as will result
in the practical destruction of pioperty of any
citizen without compensation. It is a cardinal
luio of construction between older and younger
grants of franchises, the foveielgn does not in
tend tho younger fliall iufiinge on tho older,
hut to assume these franchises can bo in exist
ence and in operation at the same time to assume
the commonwealth has granted precisely the
same thing to the municipality that it had
already gianted to tho water company for In a
business view the contemporaneous exercise of
the franchise Is impossible. Therefore in ap
proichiug the consldeiatlon of the words of tho
acts, the Judicial mind at the start must incline
against the conclusion of tlio learned icferce.
Consider their, the words of Clause uino
of the twentieth section of the act of May 21,
1S7I. The city Is to have nt all times the ex
clusive light to supply its-elf with water arel
such persons, partnerships and corporations at
such pi ices as may be agiecd upon. This is
tho gmnt by the commonwealth of the power or
authority to its cieatme, the municipality which
without the grant was hclplcs in this purely
comniciclal matter. It was not an exerebe ol
governmental power which would be Implied from
the ineic creation of a municipality. In Sav
ings Fund society vs. I'hlla,, 31 Pa. 1S3, this
court in discussing the question adopted this
language: "As a local sovereign, It, the city,
had no aulhoiity to enter into the business of
manufacturing aud selling gas for its sovereignty
did not extend - such subjects any nunc than
it did to almost any other manufacture, It Is
true u municipal corporation is not bound by
any engagement which prevents a discharge of
tho duties imposed upon it by its organic law
for tho plain reason tint such engagements me
contrary to law. Hut when euch a coiporation
engages in things not public In their nature, it
acts as a private Individual, no longer legislates
but contracts and is us much bound by its en
gagement. as Is a lutuial pcison. Distinction
between public duties and piivatu business la
wide and obvious."
(ikant is c;ivt:.
Therefoic, the grant specifically of the inean
by which the power may be executed Is given.
It shall have the uiiri'stritteil right to erect and
maintain proper water works, nuvhlneiy, build
ings and ifx'rvolrs, (o convey and distribute
the water; first Is tho exclusive power to supply
itself and then the powers incident to and neces
sary to make the first power effective. To
have granted thu riajit only to supply (Uelf
would havu left a doubtful implication as to
whether it might erect Its own works or shall
buy Its supply from corporation dealers In water.
Hut after the grant of the right to supply and
the one method of exercising the tight, It occurs)
to the legislative mind as all such grants arc
strictly construed and this prescribes but one
method. The city may be shut up to that one.
The legislature only tweny-four days before had
enacted that water companies might be author
ized to supply water and should have power to
erect and maintain all works and machinery nec
essary and proper for raising; and introducing
into the town, borough, city or district where
they-may be located, a sufilcient supply of pure
water, litre was another kind of corporation
than municipal empower to convey and distrib
ute water to cities aud towns. The city may not
desire to erect and manage its own water
works, may prefer to purchase water. Then
THE SCRANTQN
FORTHEGHiLDREN
To Koop Tlioir Digestion Porfoct
Nothing la So Bafoand Ploaaant
as Stuart's TJyspopsIaTablots
Thousands of men and women havo
found Stuart's Dyspepsia Tablets the
safest nnd most reliable preparation
for ony form of indigestion or stomach
trouble.
Thousands of peoplo who aro not
sick, but aro well and wish to keep
well take Stuart's Tablets after every
meal to Insure perfect digestion and
avoid trouble.
13ut It is not generally known that
tho Tablets aro just as good and
wholesome for little folks as for their
elders,-
Little children xvho are pale, thin and
have no appetite, or do not grow or
thrive, should use tho tablets utter
outing and will derive great benefit
from them.
Mrs. G. II. Crotsley, 53S AVnshlngton
street, Hoboken, New Jersey, writes:
"Stuart's Dyspepsia Tablets just fill
the bill for children ns for older folks.
I've bad the best of luck with them.
My three-year-old girl takes them as
, readily as candy. I have only to say
'tablets' and she drops everything else
and runs for them."
A Buffalo mother, a short time ago,
who despaired of the life of her babe,
was so delighted with the results from
giving the child these tablets that she
went before the notary publlo of Erlo
county, N. T., and made the following
afndavit:
"Gentlemen Stuart's Dyspepsia Tab
lets were recommended to me for my
two-months-old baby, xx-htch xvas sick
and puny nnd the doctors said was
suffering from indigestion. I took the
child to tho hospital, but there found
no relief. A friend mentioned the
Stuart Tablets und I procured a box
from my druggist nnd used only the
large sweet lozenges In the box and
was delighted to find they were just
the thing for my baby. I feel justified
in saying that Stuart's Dyspepsia Tab
lets sax-eel my child's life.
"Mrs. W. T. Dethlope,
"Subscribed and sworn to before me
this 12th day of April, ISilT.
"Henry Karls,
"Notary Public in and for Erie Co.,N.
Y."
For babies, no matter how young or
delicate, the tablets will accomplish
xvonders in Increasing flesh, appetite
nnd growth. Use only the large sweet
tablets in every boy. Full sized boxes
are sold by all druggists for 50 cents,
.nnd no parent should neglect the use
of this safe remedy for all stomach
and bowel troubles If the child is ailing
in any xvay regarding its food or assim
ilation. Stuart's Dyspepsia Tablets havo been
known for years as the best 'prepara
tion for all stomach troubles whether
in adults or infants.
comes the grant of a second method of supplying
itself with water or to male contracts with
and authorize any persons, company or associa
tion to convey and distribute the water for
any length of time not exceeding ten yeais. The
piimary grant was the power to supply; tho
secondary one, the grant of two distinct methods
of c.xeiLisirrg the power cither of which might
bo adoptee). Thcic was no giant of power to put
both methods in operation nt the same time for
once tho puwer has lieen ejcrclsed, to supply
the city by contract, through anothei creature of
the same sovereign, then the municipal func
tion lias pisocd fiom the city and must be per
formed by the otlvr coutiacting party which last
his rights and uhligallons imposed upon it by
law' as clearly defined and as capable of enforce
ment ns those of thi city. As long a the city
Keeps within the scope of it powe-rs to bargain,
it must Hand by the bargain the same as an
individual. Wc do not doubt the legirlalure
I'ould by the act of May ii), 1871, have granted
to the city the light to changa brck and forth
from one method of supply to the ohcr as whim
or intciest might dictate. It is sufficient to say
it did not do mi. This view of the scope of
legist ition on this subject aceordi with the
known facts. A municipality In its beginning is
pcihap-) not financially fining or lis debt may
npproarli the constitutional limit so closely that
It cannot borrow-, nevertheless the low- state of
its financial condition does not lender less urg
ent the necessity of a water supply. It can
obtain it in but one way; by contiact with
those who havu the money ami arc willing to
invest their private capital in the construction of
water works. The legislature knew capital would
not be invested in such an enterprise If In the
future it were liable to coiifWcatlon by competi
tion with a public enterprise operate! fioni a
municipal treasury capable of replenishment from
tlio pocket of tho taxpayer. That fact suggested
Clause seven of the cejrporallon act, The' mu
nicipality will not be forever poor. The time
will come when it will bo of financial ability
to own and operate its own works. The very
fact of having a supply of water on an invest
ment of private capital has tended to Ktlmulatn
its growth and largely to apprcclato the value
of taxable property,
what ixoisb.vrintc says.
Therefore, says the legislature! "It shall
bo lawful ut any tlmo after twenty years
fiom the introduction ot water or gas m
the case may bo into any place as afore
said, whether town, borough, city or district
In which the said company shall tie located to
become the owners of tho said works and the
property of said company by paying therefor the
net cost of erecting and maintaining the same,
with interest thereon at the rate of ten per
cent, per annum, deducting from said Interest
all ellvldendi heretofoie eleelared. Provided, that
nothing in this section contained 'shall authorize
u, company incorpoiated under the provisions of
this act to construct gas or water works within
tlio limits of any municipality when gas or water
works shall havi been constructed ty EaIJ mu
nicipality, without the lawful consent of the
coiponite authorities thereof; and provldetl fui.
ther, that the court of common pleas r the
proper county shall havo Jurisdiction and iiowir
upon the bill or petition of any citizen using
the gas or water of uny of the said romtunles
to hear, liumlie and determine a to tho charges
theiojf for gas or water so furnished aud to
decree that the said bill be dismissed or that
the charges shall bo decreased as to the tald
court may H'vm Just and equitable and to en
force obedience to their decrees by tho ujal
process. In the came case, the court tays with
lefereuce to tho act ol May !J, 1&S9, lepeallug
the clause emoted! "It U coircct as argued by
the defendants that this clause Is repealed by
the act of May S3, is!); but 'as between then
contracting parties whose rights xsted at the
date of tho contract, the iubseeuent act could
not divest them. If tho act of 1S71 had pro
vided the' works should ho taken at their actual
value and then hid enacted a merely dltTerejit
form of moccdure to ascertain the value, t),-
THIBPNE--WEDNESDAY, JANUARY 29, 1902.
The Day
Starts
off
Right
When
You
Have a
vCup of
WHITE HOUSE
Mocha. COPEEE Java'
with your breakfast. It has a flavor that's all
Its own you don't get it in any other brand.
It Is sold by nil grocers in I and a-pound cans only.
Packed nnd sealed by us and Guaranteed full weight.
DWINELL, WRIGHT CO., Boston.
For Sale by the
SCRANTON.
J. T. Boyor.
Win. O. Oonrntl.
&oystoneStoro Co.
Ponn. Store Co.
Harry A. Pierce.
Sonmnns Bros.
John JF. Stansbury.
H. F. Stansbury.
Philip Waltlspurgar.
I. H. Stevens.
William Perry.
Charles Graf.
M. Dinner.
A. Turnbull.
P. McNally.
AECHBALD.
Dickson Store Co.
AVOCA.
E. Lnird & Bro.
CARBONDALE.
Alvord & Male.
Miss M. E. Arnold.
W. Q. Bowers.
B. S. Clark.
Edwards & Reese.
D. W. Humphrey.
A. E. Myers.
N. P. Steven3.
DICKSON.
Dickson Store Co.
contract right would not perhaps have been
effected by the act of 1SS0. I)ut here tho ccst
la a flicd one, the net cost with interest at ten
per cent, per annum, deducting dividends. The
icsult U one of computation. Thrrc is no room
for discretion or Judgment which may be oer-cis-eel
under one form 'of piocceding aj well as
another. Both the contracting t,.irtle. must bo
conclusively presumed to havo had in view the
law which empowered them to contract and
which became part of the contract. At the end
of twenty years, the defendants havo a right
to take the works at a price fixed bv the law
and that ix one of computation. True tus to the
city, the talving of the works is only penniive.
u . . . t , . , ,. , ,. it ,, ...
It ia not bound to take them while if the city
elemantls, plJlutfOs are bound to surrender them,
nut tl the city iloes not choose to become the
owner of the works In the mode pointed out in
tho act. It has no power to destroy their value
tiy uupiicaung mem at tlio expense ot tne r.i
pajcr.." This ruling, in our judgment, controls and
directs our actjon with relation to the obliga
tions in tho form of contracts existing between
the Crjstal Lake Water company and the city
of. Carbondale.
TAKING OF HANSOM TRACT.
Fifth The taking of tho Hansom tract by the
city in tho erection of its plant, would be
taking a part of the franchise of the Jermyn
Water company. Wltb the estimate of the engi
neer of the city, together with the undisputed
damage that would result to the Jermvn Water
'company, namely, $250,000, would place tho in
debtPdnesK to be incurrrd by tbo city of Car
bondale in the erection of the water works
bfyoud the ecvcri per cent, limitation upon tho
last eessesied valuation for taxable purposes in
the city ot larbonualc. However, In our juilg
ment, the grant to the Jerinvn Wafer com
pany of lis franchise bplng older than the grant
to the city of Carbondale, the younger cannot
infringe on the older grant. White, et al. vs.
City of Meadvllle, 177 Pa. tV,2. Thercfoic, no
damage would arise to the city of Carbondale
in the exercise of its right of eminent domain
in the taking of the Ransom tiact, because It
could not bo taken without the assent of the
Jcnnjn Water company; and as this indebted
ness lias not been incurred by the contract ot
purchase and It cannot be Incurred by condem
nation proceedings, wc conclude that the in
debtedness it not in excess ot the constitu
tional and stalntoiy limitations.
Sixth As to the corporate existence or life
under the law of the Consolidated Water Supp'y
company, we cannot, in this collateral proceeding
adjudicate. Kpahr vs. Farmers Hank, 01 Pa. 431.
A correlation Is the mere creature of tho law.
It can I'.viclso no powers which ao not ox
preasly conferred or nect-sjarlly implied in tho
fiiitheianic of the object of Its creation. Dili
gent Tire Co. vs. Com., 25 P. K. Smith 293.
When, bow ever, a chatter has at tu illy been
granted to ceitaiu persons to act as u corpora
tion and they nre actually In possession" and
enjoyment of the corporate rights gianted, such
po'ic&ilon and enjoyment 'will be held valid
against one who has dealt with them in their
corporate character. Angell H Ames on Corp,
Section so, tin cannot be permitted to prove in
n collatei.il proceedlne; that a condition pieced-
cnt to its full corporate existence, has not been
complied with. As against him the charter und
11 iiher of the rights claimed to have been
conferred bv It aro sufficient. When there is a
ele facto corporation and the stato does not in-
terfere, Its corporate existence and Its ability
to contract cannot be questioned In a Mitt
brought upon an evidence of debt given to it.
it i wen bciiini mac. uuuuuKii a iiuucr may
He declared null and void ny tlio proper author.,
Ity, jet the violation thereof cannot be deter
mined in a collateral suit, Irvine vs. Lumber
man's Bank, 2 W, k S. 100.
WOULD NOT nr. HKNF.ITP.
Seventh It would not benefit the defendants
fnr ,1 to On,t ih.it the w.itr unnnllMl hv ih.
.'.,.. , - , ," :, r
.i,iiiiii nair, iiiiii 1 nut. uipni , u
im.un.ui,! ,uiw ill rii.uiviiv ijiijihiij a, u, iuiu
ejuallty, liccauso all of these Inquiries aie legu
lated by tha statute and cannot bo inquired in
this collateral proceeding, Drjmer vs. Hutbr
Co., 172 Pa. 480; Com. v. Tovvanda, !i V.
.N, C. 120; Dubois boroueli vs. Water Works
Co., 170 Pa. 130. Wc have stateel our own find
ings ol fact and of law and havo filed with our
fludlnirs the requests of both plaintiffs and de
fendants in order that they may become a pait
of the record ot the court in the case,
.N'ovv, tlio 25th day of January, 1002, decree
nUl Is entered continuing tho prellmlntry in
junction beretofore granted restraining the city
ot Carbondale and 113 olllcerii and agents, the
other defendant,! herein nanieel and their succes
sors from crealfiiif the pioposccl indebtednesj of
115,000 and from i&ulu;; bonds to secure the
taiiiH or any p.ift thereof for tho constmctlou
of such water works or any part thereof; like
wise restraining the defendants and their sue
eeteors fioni- executing any contract for the con.
atructlon of the proposed water woiks or uuy
part thereof aud In like manner restraining the
city and IU officers, the defendants herein named
and their eucceors. from pasting any ordinance
.or doing jny other act, matter or thing in
fuitherance of their puiposc to Inciease the in-di-btcdncsi
of the bald city for the tald pinpoia
or their purpose to erect tald water works.
To the South via New Jersey Central.
The Now Jersey Central railroad Is
the only line offerlnK Pullman servjep
to winter lesorts In the South and the'
Charleston exposition, with hut one
change of cars.
Lowest rates ant quickest time. Pull
man reservations secured and baggage
checked through. Inquire of j, g,
K wisher, district passenger agent, 603
West Lackawanna avenue, Scranton.
tFhriKT7VirfrTtPJJlMK IV
Following Concerns:
DTJNMORE.
Albert Naegoll.
HYDE PARK,
G. F. Eynon & Co.
P. J. McCann.
Penn Store Co.
JERMYN.
P. Cain ct Son.
PECKVILLE.
Koystono Store Co.
P. A. Peck.
PITTSTON.
J. D. Delahunty.
PITTSTON JUNCTION.
Thoiutis Moloney.
PROVIDENCE.
J. K. Smith.
Gdlroy & McAnulty.
C. F. Crossman.
EICHMONDALE.
Keystone Store Co.
TAYLOR.
John Thomas.
THRO OP.
Dickson Store Co.
WEST PITTSTON.
C. G. Lewis.
WYOMING.
Hugh Chesworth.
WINTON.
Mt. Jessup Coal Co.
LIST OF ADVERTISED LETTERS.
List of letton lcuiaming uncalled for at tho
Ecranton postoftlcp, I.ackavvanni county, Pa".,
Jan. 'J, 1UCL. Pen-cm calling tor the-a lestteu
will please s,iy advertised and give date of list.
Kzra II. Hippie, postmistcr.
' Vw' .'"" ."" - lc naci, .nnur
' Jui"".rci. X J. Molten Metal Co.
, Charlton, Mrs,. Chai. D.Moscley, T. .1.
ruminings. Mrs. John Munn & Jones.
' Carmen, Ceoige Mofelt, Mrs.
' Coleman, E. A. Manufacturer Agency.
Colo, Prof. "Ilaiijoist."Muhony, Annlei O.
! E""1'";; i"y K'S' S ,.,.
t I'oti cher, James McDonnell. Mis. Gitli.
, mSaocl v., anJ vr9.ort.oin. Jozenh
Edward, Mr. Kclward O'Connor. O. SI.
Ewing. Mamie
I'ish, H. II.
O'Nfll, Henry
J'rlco, r. I.,
l'utmun, W. W.
Pool, Mrs. Iiinnie
Jr.Picrimrei, Hev. .7.
Picrson. John W. S.
Heed, Miss Satvc
,. Hidalc. D. U.,ltev. M.li.
HoMiohK Gcoige
Foster, Mis. May
Gri&vrold. Ilizil
(iardner, James A.,
f.'auglun, Catherine
(Jannon, I M.
llogan k Co., M. .
Haekelt, James
Howe, C. 1).
Itichter, ninl! Zcng
Horn, Mrs. "CaiiifabSharpn, Arthur
ist." 2j Rtrphi'tu, Tom
Harris. William SutTern, J. l'.
Hlncklev, Mrs. Kate Smoke, Mro. boueia.
Hubbard, V. 11. .Snyder, Walter
Johnson. Mrs. W. It. Stanton, I". J.
James, Mrs. 201 SeventhStiiait, C, 13.
street. Srjilay, Paul
Kcttriilg.', Mb" Hebcu Smith, Mrs. Ilaillet
Krcnnicb. J. Smith, M. W.
Kanak. John Tvlci, Harry
Kutz, L. V. Turnbull. James
Kloln, Mi Klnvioc
Ticl. Dorothy
Kingdom, Willie
Vtt, Miss Noia
Vail, C. i:.
Wilton, Mis. George
Woohey, Elmer
King, Joseph
j,3W0n, jrs, )nM
bee. John It.
Lewis, M!m Kthrl
Willi mis, Miss Anna
Lewis.. Mrs. William n. Whitehead. Mrs. II.
McGuire, Mis Nellie Weber, Mrs. M.
McCann, Frances Auhl-Watson, Walter
bald Wat kins, Margaret
McCeel, Hulh Wilinan, Mrs.. Uelvr. B.
McCann, Jev-eph Wicj.ch, Charles
McKuntz, Walker William.., Mrs. M. L.
Miller. Michael Kmflcih, Mrs. Ann L'.
May, Frank
West Scrtmton Station.
William W. Jones, Mis. M. A. Lambert, W.
E. Scott. StanUlavvn Stadkiewiczu.
A Trip to California or STlorida.
Those contemplating1 such a trip need
. . 11 .u ,in tHnni ti.A ....i
Chicaco. Only one change of cars to
California.
RAILROAD TIME TABLES.
Delaware, Lackawanna and Western.
, Ffl'ect ov " 1001
Trans )(,,ve Scranton for New York-.U 1.40.
3-j5 o.uj, 7,50 and 10.03 a. m. : 12.13, 3.10, 3.S3
p. m. For New York and Philadelphia 7.G0,
10.0.", a. in., anel 12.15 and 3.S3 I), m. For Tobi
hanna At tUO p. m. For Buffalo 1.15, 0.22 and
! ' a. 111. ; 1.03. b.W i:nd 11.35 p. m. For Ulnjr.
j ' r 1 Ut.caJu and
,, a , . 5J p 'nli oivvcgo, Syracuse and
TJtica train at 6.22 a, m. daily, except Sunday.
For Montrose 0.00 a, m.j 1. 10 and tl.50 11. m.
Mcbolon accommodation -1,11 and o.js p. ni.
llloom?buicr Division I pr .Noriiiuinueiianu, ar.
(1.75 pnd 10.03 .1. m.! 1.53 nnd 0.10 11. m. For
Plymouth, a 8.10 a, in.; 3.10 and 9.00 p. m
Sunday Tialns-For New York, 1.10, 3.15. 0.03
1 in nr. 1 in ir, .. ... IV... I.,,TnlA
UIIM iU.'M 1. III. 1 ".?l' , I'. III. I Ul null.,.'
."- 7 -i' :"," ""., ".. 7.r.." " :,VZ '. '"'
1.15 and (1.22 a.' m.l 1.53, u.50 and 11,33
;or iiiiiuiuiiiiuii ami .jr oiunuiu ... a. in.
iiioomsuuriT nv uioii i-cuv o oci an iuii, ju.iw u.
i ill. uii'4 u. ,v '. ill,
Delaware nnd Hudson.
In F.flect November 21, tool.
Tulni for Carbondale leave bcranton ut 0.2",
8,00, S.6J, 10.13 a. m.; 12.00, 1.2U, 2.31, 3.02,
5.20, 0.23, 7.57, 0.15, 11.20 p. in.; 1,31 a. in.
For Ilonesdale 0.20, 10,13a, 111.; 2.31 and 3.20
P'rSr Wllkes-Ilaru .3h. 7.18, 8.11. 0.33. 10.4,1
a. m.i 12.03, 1.12, 2.1S, U.2S, 1,27, 0.1O, 7.4S.
10.11, 11.30 p. m.
For L. V, H, It. Poltrti O.SS, 0.3S a, m.i 2.18,
1.27 and 11.30 p, 111.
For Pennsylvania R. It. Points U.38, 0.3S a.
m.; 1.12, 3.2J and 1.27 p. in.
For Albany and all points north 0.20 a. m.
and 3,52 p. m.
SUNDAY TRAINS.
For Carboiidale-S.60, ll.SU a. m,; 2.31, 3.J2,
5.52 and 10.52 p, 111.
For Wllhevllaric tU3 a, 111.; IJ.03, 1.58, 3.2$,
0.32 ami S.U p, 111.
For Albany und points 1101 Hi 3,52 p. in.
For Ilonesdale 8.60 a. m. and 3.52 p. in.
W, I,. I'll YOU, I). P. A., Scianton, Pa.
Pennsylvania Railroad,
Schedule in Effect June 2, 1001,
Trains leave biiaiiton; 0.3b a. m.. week dayi,
llirouirh vestibule train from Wllkes-Barro. Pull.
nun .burTct parlor car and co.uli.-j t Phil ulel-
nhla. via PotUvillc: ttops al Pil1uln.1l liittiinc-
dUte stations. Abo connects fur bciubuiy, ll.ir
ilsburg. Philadelphia, Baltimore, Washington and
DUl 10 can u cue- ,y. uvl .iboh o - ,,,,, ,:a,,on rte.1dl.11r, Ha.u-.bunr,
the Lackawanna railroad and he will ,lml prHcipal intei mediate -.tailon. via D. & 11.
arrange every detail, Including trans- It. It., n.ss, n.ss a. m.j 2.18, (.27 (Black De
portation, berths, reservations and 1 K,1: g'-h p"", "' " "'
checltlnu of unKgarre through to clesli- , Vor' Tunhha'niio'ck. ' Towaneli,' Ill'inira, Ithaca,
nation; also will furnish rates, folders, , fieneva and principal intermediate stations, via
descriptive literature and any other in- j ' " " 1,t-,s'1".t "'; ""'., 3'50 ' '",',
" '. ,jcinH ,, n,l ,,kj... lor fieneva, ltochcstei, Buffalo, .Niagara Falls,
formation desired on the subject. I niicaKo and all joints west, via n. .t if. it. it .
Throuch sleepers and clay coaches to 7.1s. 12.0.1 a. m. : 1.13. ;t.28 (Black Diamond L'-
for Pittsburg and thu wen. ' SUddletuvvii, Walton, Norwich, Oneida, Oowejo
0.38 u. m,, week days, for E-unbury, llairlsliui,-, ' aud all jioints wot.
Philadelphia, Baltimore, Washington and Pitta- , Foi furthei iiifomiation cciuult ticket agente-.
burg aud Hie west. , ' J. (t. ANIlI'll-OX, O. P. A., New York. .
1.12 . m., week di (Sundajs. 1.58 p. m.), j J, E. WKLSII, T, P, A,, Scranton, Pa. '
for Sunbury, llarrlilnirg, I'hlUdelphla, Baltimore, -,. ,
Sr$Z.!lltAfc tram; Erlo Hailroad, Wyoming DivJalon.
froni Wilkevs'Barie. Pullman buffet parlor carl Trains for N'ew Y01K, Kevv burgh and Interme
and coaches to PhiUdelphU via Pottsville. Stops I dlslc points leave bcranton as tollovisi 7.20 a.
at nriucJnal Intermediate utatlons.
1.S7 p. in., week divn, for Ilatleton, Sunbury,
iairUb'.ur;r, Philadelphia nd I'ltuburit.
' .1. H. llirtCIIIN'bON. Gen. Mr.
J. U. WOOD, Gm. Pass. Aitt.
HOTEL VICTORIA
Broadway, 6th Avanus and 27lli Slnot, NEW YORK.
ffli
Y i-3!
--S-rv"-Ji-ir?'
v-ir:
mim . ..wh-irttBj i u ir nniinu a lid iiir i ir i i n ru . i r 11 1 nun r i iimi
taasssgsj
In tho contor of tho ahopplnrr district.
die Onlr Hotel iti Mnnlmttnu Fronting on Iiroadwny nnd Fifth Atc
EUROPEAN PLAN.
A Modern I'lrit-Clava Hotel. Complete In all its appointments. Furnishing and decorattem
entirely new throughout. Accommodations for 3 01 guests; IW tultes with baths. Hot and cold
water and telephone In every room. Ciulne une TtcJIcd.
OEORQS W. SWEENEY. PnOPRIETOlt.
OF SCRANTON.
Capital, $200,000
Surplus, $550,000
Pays 39& interest on
savings accounts whether
large or small.
Opeu Saturday eveuiugs
from 7.30 to S.30.
HENRY BELIN, JR.,
General Agent for the Wyoming District for
Dupont's Powder
Mining, Blasting, Sporting, Smokeless and the
Repauno Chemical Company's
HIGH EXPLOSIVES.
Safety Fuse, Caps and Exploders. Room 401 Cou
ncil Building .Scrantcn.
AGUNCItlS.
TIIOS. FOHD
JOHN B. SMITH & SON
W. E. MULLIGAN
I'itteton
Plymouth
Wilkes-Barre-
BUY THE GENUSEVSE
... KASTUFACTUnED BY .,
CALIFORNIA FIG SYRUP CO.
CS-fiOTr. THE XA1IK.
RAILROAD TIME TABLES
Lehigh Valley Railroad,
in r.ffcct, Nov. a. icoi.
Tialns leave Scranton.
Tor Philadelphia and New York via P. & It.
It. R., at 0.38 and 9.SS a, in., and 2.1S, 4.17
(Ulaclc Diamond i:prci3), and 11.30 p. m. fiun
da.vt, P. & II. It. It., 1.5S, 8.27 p. m.
Tor lhlte Haven, Ilazlcton and principal points
in the coal lecjions. via 1. k II. It. It.. CIS, '.'.18
and t.27 p. III. Tor 1'ottsvllle, CM a. 111., U.18
11. m.
. i'')i ". !" H-so P- '" Sunday, u. & II.
It. It.. 12.0.1. 8.27 ti. in.
I'ullman parlor and i-lroplnj: or Lchijrh Valley
Parlor cars on all trains between Willces-llari,!
and Xew Yoil;, l'hlailc!ilila, IlufUlo and Suspen
sion Bridge,
ROLLIN II. WILBUR, Gcu. bupt., 2d Cortland
street. N'ew York.
1 CHARLES S. MX, Con. I'a,. Act., 20 Cortland
street, cvv orH.
,. W. XO.NKMAUIIIR, Dtv. l'as. Ast., South
Bethlehem, l'.i.
For tickets aud Pullman icpervatlons apply lo
city ticket olllcc, 0U Public Square, Wilkes-Barre,
Pa.
Now Jersey Central.
i t-'ftcct Nov. 17. 1001.
stations In New Yoih. foot of Liberty street
al south Feiry, N. R,
rr,ins (.ave Hcranton for New York. Phlla.lel.
ua Cistern,
oininl:. VAh.tc 1
rsoi ,11.. I P.
":. a'. "' . '
Bethlehem, Allcntnwn, Jlaucli
Haven, Athley and Wllkei-Baiio at
m. aud 1 l, m. bmiday, 2.10 p. m.
Ouaker Cllv Kinross leaves Scranton nt 7.30
? '" iniougn soiiu Ycaiiiiiim 1111 n wicii ruiunaii
jjUifCt Parlor t ars, tor niiiaeieipiua,
.-0j. ,oca, Pltlstoit ami WIlKes-lUric, I p. Ill,
and 4 11. 111. Sunday. 2. in p. m
ror Mug iiranen, ucean uiuve, ere., i.su a,
V .. .-".x ' r. ... ......
m. and 1 n. in.
For Reading, Leb.rniu and Ilarrlsburg, via Al
lentovvn, at 7.30 a, m. and 1 p. lit. Sunday, 2.10
p. m.
For Pottsvllje at 7.S0 a. in, and 1 p. in.
For rates and tickets apply to iigent at station.
C. M. HURT, den. Pass. Ast.
W. W, WKNTZ. Clen. Swpt.
New York, Ontario nnd Western.
In Ktfcct Tueselay. Sept. 17, 1001.
NOlllTt HOUND.
Leave Leave Aulvo
Trains. SVrantun. Carbondale. C'adosla.
So, 1 10.30a. m, 11.10a. in. 1.00 p, m,
v,i. 7 , 0.10 p. 111. Ar. Caibondale 0. 10 p. in,
bUUTII BOUND,
Leave Leave An ho
Trains. Cadosla. t'arlfoud.ile. Kcianton.
,N'o. fl 7 TO 11. 111. 7.10 a. 111.
vu ,' 2.1'jp. 111. 4.0Up. in, 4.10p, in,
tsUNPAYS ONLY, NOHTl BOUND.
Leave Leave Arrive
Trains. Scranton, t'nrboudile. Cadola,
No. 0 .S.sOu, 111, P. 10 11, in. 10.1'ia. m.
No, 6 T.Wlp. m. Ar. CarfKindale 7.10 11. in.
SOUTH BOUND.
Leave Leave Airlvo
IVuiin. Cadosla. Carbuudalv, Sci niton.
No. 11 7,0Uj. in, 7-lO.i.iu.
No. 10 1.30p.m. O.0cip, 111. lUSp. 111.
Traliu No. 1 011 wciU daj, undo on Ssundj.vi.,
1 make main line connections fur New Yoil; cli.v.
m. : 2.2i l). 111.
.Arrivals 10.33 a. on. from Jllddletovvii, Itouca
dale, llavvley and intermediate points l.20 p. 111.
from New York. Ncwbuich and intermediate
i points. .No Sunday traim.
a
I
R
E
R
R
O
O
Wr F
EDUCATIONAL.
Free
Tuition
By a recent aet of the legisla
ture, free tuition is now granted
at the
Literary Institute
nnd
State Normal ' School
Bloomsburg, Pa.
to all those preparing to teach.
This school maintains courses
of study for teachers, for those
preparing for college, and Cor
those btudying music.
It will pi to write for particular.
Ko other school offers such cunerior ad.
vantages at turn low rates. Addresi
J.P.Wolsli, li. H.,Ph.D.lPri.
SCRANTON CORRESPONDENCE SCHOOLS,
SCRAISTO.V, PA.
T. ,T. Foster, President. Elmer II. Lawall, Iteii.
R. J. Foster; Stanley P. Allen,
Vife President. Secretary.
IM'S 9
gev
eer
Mnnnfacturors 9r
OLD STOCK
-Sta
48S to 455
IT. Ninth Street,
Telephoras Call. 2333.
THE
100SIC POWDER CO,
Booms 1 and2, Coiu'Ith BTa&
BOBANTOIT, PA.
Hining and Blasting
lie at -t Mooalo and Ituira 1-ts vYorlxi,
LAPLIN 4 RAND POWDHR CO.'S
ORANGE GUN POWDER
Electric Hatterlei. Eleotrlo Miplodiri,
iplodlu.- bl-Jte, ouftly iuj an J
Recauno Chemical Go.'s
man
exi'lo, tvna
NOWHERE ELSE ON EARTH
Can the Seeker After
HEALTH AND HAPPINESS
Find Such Klch Reward.
CALIFORNIA
IS A WINTER PARADISE.
Best Reached Via
"SUNSET LIMITED."
(palatial iiorn. os wuni:i.si
Leave New York Tuesdays, Thurs
days, Saturdays,
SOUTHERN PA5IFIC CO ,
H. I. Smith, agent, 10fJ S. 3d st.,
Philadelphia, Pa.
r 9 V H lllnnl l..t-n, V..i. 11.1. till. 1. f.-.vIl T
4uWv VsiirurrW - Mr It (urn (dm luMUf ), I tItfUpt
Ullnwlafiurjf Hif.lUal ami flyf trlfl frinuil. 31 filling iyf(
mBtimamm
Y-Vfl-11: L I U I V a 119 I')"! .Mil U U.UJJBIH 1113 LLU",.
i-Ii.mi- - l"ll VO I 411.1 "JM
SslrT4-2
POWDER
Pi u
J-l------------i-----------i---f--f--Miin JikJLL J ... r ,,. . .4Agyb,
i,
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