THE SCHANTON TRIBUNE-FRIDAY, JANUARY 31, 1902.
ar
) For This Week Only
SSL 4 y
Large Three Panel
Horse Picture
Framed In Dutch Oak and ornamented with four
rial hoiseshoes, bit and whips rcftulnf price, id
Car price this wook only $2.50
See Window Display.
Jacobs & FasoBd,
Interior Decorators, 209 Wmlitii.jton avenue,
Wall Paper, Shades, I'alnK MuuMIiirs,
l'lcturcs and I'liinui.
UXC1VA) I.li:bTi:XAXT. Si-iRMiit Charles
II. Constantino, of Company II, his boon elected
ai fn-t lieutenant.
COMPANY T l)Illl.l..-l'uii'p.iiij I' will ill III
thli cvcnlna; ut tlo iiuv .iiinuiy. All meiiilici.s
ale icuimtcil In lit' pri-enl.
'lOllOOliAX Si.!l)K. The toboL,'Mii flide ut
the Country lul Is .nr.ilii open and reports me
to the effect tli.it Hiii' coa-tlnr U beliur 11 -Jo
Oil.
LADIi:.V MIXnxa The I-jJIm Aid of tl.e
All Souls' L'nlvoualht tliiiuh will nuit at Mm.
Dcpuo's, 1CI0 Monkey .ircnuc, this altoinoon".
l'WiTIO.V IX llANKlib'PTCV.-J. M. (!in
rlili, of Palmira, I.cbiuon county, filed a pell
ton in banl.iuptoy yivteiday with the t'nltid
Mates totirt. UK a-ct. .in- 's'l.O.-o.ia, .ind liabil
ities bJfl,J0).3-'.
IXTlIltUVriXfi IM.'IDUXT. Immediately after
the usual Sabbath senicis this i'cnlnir .it Ihe
Linden Stieet ti'iiiph'. llieii' is contiiiipl itcd .m
allocable and intiicstiiiec Ircidcnl, at wlikh a
libcial attendance Is dialled.
MATtliini) AT W'ITAi.O.--Am,uncimciit lias
ju-t been made of the ln.uriauc at Ilutlalo on
Wednesday, .lantt.uy 2.!, of Kduanl II. itallelt,
of IlufTalo, foimerly of this city, ami Mi-s Jo
tephino Madenspaihcr, of c.,t Scianloii.
Mi:irr TOMOltltOU- NK!1IT. A special moei-lit-
of the McKinley Memprhl .l'-ociition will
In1 held tomoiiow night in tlic Sciantoii bond
of trade loom-, when dellnlle action will be
taken ic..rdin (ho fund miIimiIIumI for the iuv
tlen of a incniori.il.
lllllXTIXi'. 1 1ll: rilXCi: fcomu time njt.i coun
cils urhed the Delawaie, LacKauaimi and Wi'zl
nn llailroad company la elect a fence on top of
the .Mifflin arnuc retaining w ill, ns a sif.'
Kiiard against accidents, and uoiktiini aic nov
cmraiccd in crectina; the fence.
M'AXnitnW ST1LI. AMVII. Joseph Mclndnw,
the jouns nun who was struck by a Deliw.ue
and Hudson tiain on Wednesday and whose hart,
was broken was lepoited to be hill! alive at the
Lackawanna ho.-pital la-t tiiprlit, but vciy '-light
hopes ale held out for his ultimate lecoviry.
l'lir.suvinn with a mi:iai.. c.emne r. Mil-
lett, wbo contemplates icinoilu;- to rttitT il, was
li-l riisht presented with 11 gold niedil by the
the mcmbcis of Ilubcrl llurns Iodac. Indepen
dent Order of Odd Pel law h. Kzia liriftm po-t,
(rand Aimy of Hie ltopiihllr, will enlcitaiu
Mr. Jlillrtt at a s,ocii! gatlieiini; in the loomi
tliU cvcnlrs;.
HAD NO EVIDENCE.
Seward England Caused Arrest of
Edward Davis for Theft.
Seward EnBlaiid, of 121 Sixth street,
went before Magistrate Howe yester
day morning and Mvoro out a wai
itmt for Ilia arrest of Edward Davis,
alleging that lie had stolen a valua
ble gold watch from him, in Dr. Hnti
gerty's barn, on Wyoming avenue.
Davis was arrested and brought bo
fore the magistrate in the afternoon,
but England didn't have one single
bit of evidence to offer against him.
The magistrate discharged Davis, af
ter quietly reprimanding the prosecu
tor. BROKE BOTH WHISTS.
Claude Card Met with a Peculiar
Accident Yesterday,
Claude Card, of Nicholson, a car
penter employed at the Holt and Nut
works, missed his footing, while word
ing on a fifteen-foot scaffold yester
day morning, and fell to the ground,
striking on his hand.
The force of the fall broke both his
wrists. He was taUon tu the Lacka
wanna hoapltal in the ambulance
ONK ON THE HOWS.
Mother (Jatlier (Jot the 1 tart ol Then.
Sometimes the mother nluyij a turn
on the young peoples and greatly to
their benefit. A young lady in Mem
phis, Trim., Miss II. Dye, of '.'22 Carroll
avenue, comnientn In an Interesting
way about tho harmless little. deception
her mother played upon one of the
lamlly during the summer.
Sim says: "Hvery member of our
family could write a testimonial about
I'ostum Food Coffee and what it law
done for us. Father has really been
jiindo over slnco quitting coffee and
iiblng Postum, but I must tell you
about brother.
"When he eamo homo from college
last summer ho was thin and looked
dreadfully. We. questioned him about
Ills food and drink. lie said ho drank
eolfee, 'Of course I can't get along
without a good imp of coffee three
times a day.' Mother did not say any
thing to him, but made X'ostuni for him
Just the wine, and at the next meal he
complimented her on tho coffee. Sev
eral times ho said: 'Now, If I Just had
Bitch coffee as this at school I could
make better averages in iy studies.'
"So during tho whole summer ho
drank Postum, thinking It wub strong
coffee, and we could all see, from day
to day, how much he was Improving in
health. His complexion gradually
rlenred up, and he gained In every
way, When ho went back In tho fall
mother told him the secret she hud
sept for over three months, and put
several packages of Postum In his
trunk.
"You may depend upon t, the lesson
was one he will never forget. My
younger brother quit eotfeo about a
year ago and has been usng i'ostum
Food Coffee, und ho has been built up
from a regular Invalid until ho Is now a
fat, 'rosy-cheeked boy, full of life and
fun. Just the other day he remarked
as was getting along so much better
in his BtudleB than ever before and he
wondered what aused the change,
UQthcr remarked, 'It is I'ostum.'"
I City Notes J
MAOAULEY AT LIBERTY.
Ilelensid on Bail Which Ho Indem
nifies with a Deposit,
Charles V. H, Mneauley. one of tho
parties charged with participation In
it conspiracy lo bleed the international
Correspondence schools, and who has
been In Jail here for two weeks In de
fault of $t,G0O ball, was released yes
letday upon furnlBliIng security before
Judge Kelly.
Maenuley secured a bondsman In tho
person of David E. Johnson, ot this
city, by placing In the hands of u third
party a certified check on the Chemical
National bank of Now York for tin
amount equal to the ball,
Mneauley when brought before Judge
Kelly made a demand that lie bo per
mitted to go to llarrlsburg to enter
bull, claiming that as he had been
"kidnapped" from that city after he
had offered to furnish ball before u
mnglstrate there, the court xliotild e
Instulu him In the right Mhicli he
claimed cxlslul at that lime he was
desirous of waiving u hearing and on
teilnc bal).
Judge Kelly told him his demand was
wholly Irregular; that if he was un
duly restrained of his liberty his rem
edy was by a plea for a writ of habeas
corpus, und not by -an Informal oral
complaint. The same tiling had been
told him by his attorney, John F.
Scrngg, but he Insisted on malting the
demand.
Defeated In this move Macauley
made request for a reduction of the
bail, stating to the court that his co
defendant was required to give only
?500 ball In Ilariisburg.
"Is this that Conespondetice school's
case'.'" asked Judge Kelly of District
Attorney I-owls. Ueihg answered in
tlie alllrmatlve Judge Kelly briefly re
joined, "We won't t educe the ball."
The district attorney said he was
satlslled with Mr. Johnson as bonds
man iuul the judge accepted lilm, Mac
auley was thereupon released.
AFTER SPEAKEASIES.
Municipal League Actively Engaged
Again Mr. Wilson Talks
About "Pake" Clubs.
The Municipal league people are again
In the harness and are making a eiu
sade against speakeasy keepers. Nino
have been anested during the past
week, and Agent Robert Wilson said
yesterday that more arrests will follow
within the next few days.
The two latest speakeasy keepers lo
be arrested were Mrs. Julia Primer, ot
32(1 Venn avenue, and Mis. Colborn, ot
Uaymond court. These two women were
arrested on Wednesday and weie given
healings befoie Alderman Bailey, of
the Thirteenth ward, on Wednesday
nlKht.
Evidence was offered by the league's
detectives lo show thai Mrs. Primer
has been helling beer and llrjuor with
out ii license on the second lloor of the
building at P.JG Venn avenue. Twit of
the detectives testilled to having pur
chased intoxicants at both Mrs. Prim
er's house and at the place kept by
Mrs. Colborn. Alderman Eailev lined
both women $20 and costs, which were
paid.
Agent Wllbon declares that an effort
will bo made by the league to prevent
the illegal selling of liquor by "fake"
clubs, of which organizations theie aie
a number in the city.
"There Is no question," Mild he yes
terday, "but that we can successfullv
prosecute the manager or managers of
any alleged club which Is not a bona
llde institution and which sells intoxi
cants. The evidence adduced in the
case brought against Manager Miller,
of the South Side club, a few days ago,
showed that he was the whole club. lie
wrote out alleged minutes of meetings
and kept a sort of an account of dues
which a few of the members of the
organization oald in.
"Our detectives had no dliliculty in
securing beer to drink in the club
house. They played pool and ordered
their drinks, but weren't allowed lo
pay direct. They turned their money
over to a man pointed out as a mem
ber of tho club, and he turned it over
to Miller, who gave the change back to
our men, however. We claim that that
Institution is not a bona-flde club, such
as its charter provides it shall be, and
that liquor cannot be sold on the piem
sp!) to members or to anyone cite, un
less in violation of the law.
"There are certain clubs In the city,
which have the right to sell in
toxicants to their, members. These
clubs are legitimate, bona-lldo clubs,
and books arc kept accounting
for every cent of money re
ceived and for every cent of money dis
bursed. Under the Inw these clubs can
t-ell lo their members, becau&e they .il
legitimate clubs organized to give their
members the privileges of club life, and
not simply to serve as a cloak for tho
tunning of a sprukeasy."
AT KEYSTONE ACADEMY.
Observance cf tho Day of Prayer for
Institutions of Learning-.
Tho day 'of prayer for all schools of
learning was regularly observed yes
tciday at the Keystone Academy In
Factoryvlllo with suitable religious ser
vice?. In the afternooon the annual sermon
was (Kiuvcreil ncroro the students by
llev. David Spencer, D. D of Jllakely.
This was Dr. Fpencer's first visit to the
Institution since his return lo this vic
inity. When a resident here ho wan an
enthuslastio worker for and trustee of
this nchool, In which ho still fces a
deep Interest.
His sermon yesterday was based on
the text; Itew 5:6, and his Uienio was
"The Position of Christ in tho Unl
verre of Clod." It was a timely dis
course, and received very close atten
tion, The Institution is in excellent condi
tion and has a lino class of students.
In tho death of two trustees recently It
has met with a serious loss Daniel
Lnngstaff and Charles Henwood, Judgo
Newcomb, of this city, was chosen to
1111 tho place of tho former, and at tho
next meeting of the corporation tho
place of Mr. Henwood will also be
Hilled.
THE BURGLAR ALARM.
Police to Look After System in the
Euture,
The two bank watchmen who have
been employed by the banks protected
by thu Holmes Hurglar Alarm com
pany to watch its burglar alarm In
police headquarters have been relieved
from duty und quit work to-day.
The work of tending tho alarm will
heieafter bo done by the desk surgeant
In charge nt headquarters In return
for which service tho several banks
wilt donate a certain sum every
year to the "police fund" which is
used for the purchase of certain equip,
nients for the members of the force.
COAL COMPANY
IN THE COURTS
PROMINENT OPERATORS IN AN
EQUITY SIIT.
Joint, B, taw, of Plttston, Is the
Plaintiff, and tho Defendants Are
E. L. Stiller, of Thin City, nnd
Frank T. Patterson and William
Hill, of Philadelphia Judgo New
comb Decides to Let tho MeQovern
Case Go to tho Jury Under a
Reserved Point.
A milt in equity, with John H. Law,
of Plttston, us plaintiff, and E. L. Ful
ler, of Seranton; Frank T. Patterson
and William Hill, of Philadelphia, as
defendants, was Instituted yesterday
In Prothonotury Copeland's olllce by
Woodward, Darling & Woodward, of
Wilkes-Uurre, arid O'Brien & Martin,
of this city.
Mr. Law sues for himself and such
other stockholders of the Old Forge
Mining company as may care to join
as plaintiffs, to secure their pro rata
share of the protlts derived from the
sale of the Old Forge Mining com
pany's workings to the Lehigh Valley
company through and by the Seneca
Coal company.
In the complainant's bill It is set
forth that the capitalization of the
Old Fotge comparty was $300,000; thrj
2.H0S of the 3,000 one hundred, dollar
shares of the capital stock wre owned
by the tluee defendants; that they
sold the Old Forge colliery for S23.U00
to the Seneca Coal company, in which
WS of the 1,000 one hundred dollar
shares were owned by the three de
fendants, and that the Seneca com
pany shortly afterwaids disposed ot
the holdings to the Lehigh Valley com
pany at a big prollt, and that this
second sale was effected through se
cret negotiations carried on prior to
the sale to the Seneca company.
Mr. Law asks for an accounting ct
this latter sale and a division of the
profits.
Judge Edwards granted a rule to
show cause why the prayer should not
be granted.
Non-suit Is Refused.
The motion for a non-suit In Hie Mc
Govern case was refused, the court
stating that the questions involved
could be hereafter disposed of in a re
served point. W. II. Jessup, jr., opened
for the defense. Engineer Weiss, Super
intendents Barnaul and Lvnde and
Theodore C. Wolf testilled that the
construction of cupolas In use at the
South mill, at the time of the accident,
was the most approved then in use in
this business, and that they weie prac
tically no more dangerous to the em
ployes at work upon the charging floor
than as previous! constructed, before
the change in 1W, or than those in
operation In the North mill.
Witnesses weie also i-alled to show
that the machinery, electric apparatus,
etc., weie all in good condition at the
date of McGovern's injury, and that a
break in the water pipe, -which could
not have been tot seen or prevented.
was the occasion for the machinery
stopping and the lights going out.
The jmy in the case of Ellen Taylor
against the city of Seranton, returned
a verdict yesterday morning of ?S."..Il'
In favor of the plaintiff. Mrs. Taylor
was awarded $.100 by viewers for dam
ages to her pioperty lesulting from
the narrowing of Ninth and Jaekhoa
streets. The city appealed the case.
Tho jury in this case is the one that,
asked Judge Lynch to be discharged
bscause of an Inability to agree and
was sent out again with an admoni
tion from tho court that an ngrement
should be possible and that they would
be given until Saturday night to agree.
They reached a verdict shortly after
court adjourned Wednesday afternoon.
A verdict of 512.13 for the plaintiff
was returned in the case of Oscar D.
Ehrgood against L. LIberatore, ot. al.
The jury in the case of John Benon;
& Son against B, E. Leonard agre-d
upon a verdict yesterday afternoon af
ter court adjourned.
Judge Kelly Is engaged In trying
nnother care involving a claim for ac
cident benefits fiom the Ontario Ac
cidental Fund, of Wluton. Peter Dill
is the clulmant. The fund resists pay
ment of the claim on the ground that
Dill Is not entitled to benefits, having
failed to comply with the by-laws.
Will of Late Judge Lewis.
In the estate of William J, Lewis, a
former associate judge and sheriff of
this county, a petition was yesterday
presented to Judge A. A. Vosburg, set
ling forth that an oral or-nuncupative
will was made by the decedant during
his last Illness, which was witnessed
by the family and others and reduced
to writing, but not signed, owing to the
condition of the decedant's health.
The petitioner, W. J, Lewis, jr., a son
of the decedant, asks that a citation ho
issued to die widow and the other heirs,
to show cause why this will should not
be duly probated. Judge Vosburg
awarded a citation, and made It j
luruable on February 13, at, 10 a. m.
Tho petitioner is represented by Attor
neys Welles & Tnney,
It is undei stood that these proceed
ings are amicable, and that there will
probably be no oposltlon to the pio
bato of the will.
Peietta Is Again Eree.
Clerk of tho Court Thomas P. Dan
iels yesterday received notice from tho
warden of the eastern penitentiary of
the release of Pasquale Perotta, who
was sentenced by Judge Archlmld in
December. ISM, to nine years and si
months for thu second degree murder
of Michael Denmarko at Wluton In the
summer of 1S05,
Under the new commutation law,
Peretta's sentence was cut down to
six years, one month and fifteen days,
Objections Were Irregular,
Court, yesteiday, dismissed tho ob
jections filed by John Siangan and
Philip Swattz to tho Republican nom
ination In Old Forge, certified to by
John N. Cook, T, J. Stewart and James
Solman.
The objections were not filed In the
couimlssloneis olllce as required by
law.
There uro the objections grounded
on allegations that some voters voted
twenty tlmea and noiirdtlzens as high
us live times,
COURT HOUSE NEWS NOTES.
bt, JjtobV IleiielKUl sociilj, of tliU illy,
upijlli'il to comt I'ntenljy for u charter.
Appeals to the Supeilur court luvo been taken
In ix number ot Hit! llUor IIcmlo revocation
cases,
barali A. Tlguo who clainu her piopcily In
I'roviJtiice was injure by the blocUlua; of a
uJfr.
iStrfH--fltnmWr JaB.....Wlrn1,(i;rJ,JfiBt. ,tfc. - J-,ff4ifr
ciltutt under tlic ticknminna rnllroad, brniiglit
Hill for $500 dainiiRM ng.ilnt Hid company und
Hie rlly of Seranton yesterday tlnoiiali Attorney
T. W. Thayer.
m i
CENTRALS WON TWO GAMES,
Defeated tho South Side Bowlers on
Hainpes Alloys.
Three Interesting galues uC ten-pins
were rolled on Itnmpc'u alleys last
night between tho Centrals and South
Side leaniP, the result being as fol
lows: south sinn emu.
Itchier KS li 182
II. Klefir 1" Ho 1(V)
ll. A. IblWck 1G2 11.! K!
.1, Kilter I IRS 111 VXi
C. Kicfcr U 1ST 1
TH1 TOO 5T
CI.'.VI 11AI.S.
Iloltiermel , K.t 111 irtf
1'. ttoll 101 , 1)7 US
ilair-luill k; IfU 111
Uliailon ,V, 1M fill
0. .lolics H'l 1-2 l.VI
SI'i S01 Tl.
Melsler was easily high man both In
single game and total,
NEW CASE OF SMALL-POX
Another Member of tho Brace Family
Aflllcted New Emergency
Hospital Inspected.
Another well-developed case of small
pox was discovered in West Seranton
yesterday, when Mrs. James Biace, of
G31. Noith Garfield avenue, was found
to be suffering Irom the disease. Tho
health authoilttes have still another
case under observation, which Is ex
pected to develop Into smallpox today.
Mrs. Brace, tho latest victim of the
disease, Is the wife of Mine Foiernan
James Brace, a brother of W, J. Brace,
who is quarantined at his home on
North Btomley avenue, wheieln the
first victim of the disease died. She un
doubtedly contracted the disease by
coming Into contact with some of the
persons suffering from the disease in
her brother-in-law's home. The house
which she occupies has been placed
under quarantine, and guards will be
kept constantly on yatch both day and
nluht.
Director of Public Safety F. L.Worrn
ser, Dr. Allen, superintendent of the
bureau of health: Building Inspector
Brown, and several newspaper men vis
ited the new emergency hospital, on the
West mountain, yesterday afternoon, on
a tour of inspection.
The hospital has been erected on the
side of the mountain, in the rear of the
Keyser Valley, at a point Just beyond
the end of Jackson street, and Is at
least half a mile from any building of
any sort. It Is a wooden structure, most
substantially built, and Is approached
by a newly-constiucted cinder path.
The hospital contains two wards 1Sx23
feet in size, one for men and one for
women. These wards are fitted with
six cots each, and are- heated by large,
coinfoi table looking stoves. The roums
themselves are as comfortable as they
can possibly be made. The walls and
ceiling are celled and are painted white.
There are several windows, admitting
light in abundance. The Doors are
neatly carpeted, and the cots are lltted
with the best of mattresses and bed
ding, Adjoining the two wards are three
other rooms, 12x15 feet in size. Two ot
iheso are Intended for the use of the
male and female attendants, resDeet
ively, while the third has been fitted up
as a kitchen. This latter apartment Is
equipped with a range and a complete
supply of cooking utensils and dishes.
Dr. Allen was especially well pleased
with the hospital.
"It's a splendid place." said he, "and
anybody suffering rrom smallpox who
is taken there will be treated just as
well as if he or she were at home, If
not better."
There are two watchmen conslantly
on duty nt tho hospital to prevent any
misguided fanatic Xiom burning it
down. The authoilties will only have
taken to the institution those persons
who may become afflicted with the dis
ease in a crowded tenement or a hotel
or boarding house, where the danger of
contagion might be very great, Such
persons will bo given the very best or
tare and attention by skilled attend
ants. No. 18 school, on Swetlnnd street, was
closed yesterday by order of Dr. John
O'Malley. chairman of the special school
board committee, and tho work of fumi
gating it was immediately begun. The
school will not be reopened again until
next Mondny. The principals of all tho
other West Seranton schools have been
ordered to uso eternal vigilance in see
ing that all pupils show certificates of
vaccination.
The regular members of the police
force have been relieved from the work
of guarding tlic quarantined houses
and fourteen special officers engaged
by tho director of public safety are now
doing this work.
DUNM0RE SUB-STATION.
Btanch of the Seranton Postofflce
with Postmaster Markus K.
Bishop in Charge.
Postmaster Markus K. BIshopl of
Dunmotc, will to-morrow become su
peilnteudcnt ot the Dunmore sub-station,
which Is now a branch of the
Seranton nostofllce. ami rom. inrpi
awl a clerk will be assigned to duty
there, giving tho borough Hie benefit of
tho free delivery system.
Tho names of the carriers to be as
signed to Dunmore will bu announced
to-morrow. Postmaster nipple yester
day Issued the following order regard
lug the opening of the otllce:
bl.NMOiii. yr.vnojc.
I'VbiiMiy 1, UHiJ,
Oilier Xo, t'J.
Ily jiithoiily of the po.toflive ilvparlmint,
Wudilngtoii, U. C, January s, ll'tti, Diinmore,
l'.i., poitoltlce will bv fiom lliU date loiiioliiUted.
Willi tlie pojtofllco ut sjeiitnton, I'j., anil will
bo Uelfc'iiaiei us Uunmoicj bullon, Ktranton, I'j,,
with facilities for the UmilijuIou of money uJir
ami uuMiry bushier, iho silo of pgiu) nip.
ph,4 nd the reu'Ipt and ilUpauli of nulls, and
in order that fuv delivei oeiviic may be e.
ttmkd to tho hoiongli of Dnninore,
'tho Iioum of terrico will be IVevU daj, fiom
7 u. in. to 7.S0 p. in,; Sunday, federal Ucliv
cry, stamp uimlow, cairleM' window, from i u.
in. to 10 a, in. ,
"llio ittu'lpt and di.pjtcb of nuiH bstwejn
Punmoro H ilion and num dike will tontlmia
at us present until otherwise ordered.
' II. Itipplv, I'ostma.ur.
Speedway Laud Co,
Will give capital stock to every credit
or if they will have their true accounts
with Franklin & Co,, insurance; Coal
Exchange,
nr.J-W-:. Hill, Treas.
Send Us Your Clothing for Renovation
Our steam cleaning la sure death for
the germs ot smallpox,
, Davis' Steam Dye Works,
313 Venn Avenue.
DECISION IN
JENKINS CASE
OPINION WRITTEN BY JUDGE
EDWARDS.
Judgment Is Directed to Enter for
the Plaintiff in the Sum of S72.BO,
Which Represents the Commissions
Earned by the Office of Delinquent
Tnx Collector During the Tlnce
Months Period Coverod by the Case
Stated Indefinite as to Effect on
Present Conditions.
President Judge Edwards, yesterday,
handed down un opinion in the case-'
stated brought by Ucurgc W. Jenkins
against the City of Seranton to test
Ids claim to the olllce of delinquent
tax collector.
Judgment Is given for tlie plaintiff in
the Bum of JV2.G0 which represents the
commissions earned by the delinquent
tax collector's olllce for the period of
three months covered by the case
stated.
Tho opinion does not go outside of
the facts then existent as presented In
the ease stated, and ns a. consequence,
the effect of tho decision on the pres
ent situation is not definitely set forth.
Apppended Is the opinion which It
self tells the story of the dispute.
'Ihe new act for the iroiernnient of citlen of
the second cliis was passed March T, hull. 11'r
city of Sx.ranU'11, on iiuomit jf the lnt.'eae in
Its population, advamed fiom Hi? thlul to the
second cla'-s, thus Intiuiliiclns scleral clunijed
In methods of government, especially alter tin
trnctmciit of the act of 111. The 'councils if
the city, after tlie appointment of a lecordcr,
proceeded lo adjust the municipal machinery to
meet the requirements of the new UirUlatKn
and the adiatice in tl.i'fltlcition, and as a nat
ural con.seinn.nie ome complications 1iae .irlMiu
One of tlic-'e complications la lnvolM.il in tuts
case.
The isue before us Is foinicd by means of a
case stated. The panics lute ngiced upon VI
the facts f-sentlal for a deposition of the o-i.
We give hcie a brief statement of sorni of i;:
fact", and tl.e only fans width v,e (OiiMdir
material In the premt discuviun.
1. April 1, 1101, I lie recorder of the city of
Pcianton arpolnted the plaintiff collector of de
linquent tae- The flalntllT Immediately quali
fied by gUIng bond and being 'worn, and lie h:1
been ready at all thin to perform the ihitle-.s f
the olll.e.
2. An oidlnance to cany into efrett the act of
March T, 1W1, was paved finally by the coun
cils on March 2S, mot, presented t.. the iicordcv
on the following da.i, and by hint approved
April 2, llHll. .
". The oidlnance cUahli-hed certain dep.ul
Dient", anions them the dtpittnunt of collec
tor of ili-llnirtrcnt lasei!.
I. Section 6 of tiie oiilinanee pimiil.M Hut
"the! department of delinquent lae Mull b; u
ehaigc of onu person, who -lt.il! be the elfy
treasurer, lie shall have charge of the collee,
tlon of delmiuent taes."
."i. Section H of the- ordinance provides tli.il
"ihe compen-'ation of1 the collector of delinquent
taes shall be three-filths of live per centum of
tlie amount of delir.iK'il ta'ces ein leal p-tatc
and ten per eeutum on all occupition or poll
t.i'c, by him actually collected and paid hito the
city tie.isiiry."
0, Section '21 of the oiilinanee piovldts thai the
city tiea-urer shall give- bcniK to tovtr his die
tlis as collector of delinquent t.ios. lie wive
such bond and proceeded tu cidlect the taus.
CLAL'SK I'llOM XnV CrllARTKIt.
The part of Aitiile II, scct'on 1, of the net
of llKll, P. L. 2(1, applicable to this cue, is . s
follows:
".No department shall be eroded other Hun
lliose herein ('numerated, but e-ouncils may, by
ordinance, provide that one per-on may be up
pointed director of public safely and tlie depait
ment of charities and cenreellone, and that the
city treasuier may he appointed collector of do
liniment tae!-."
The question to be answered is: Which effect
did the pa-saitc cl the oidinancc of Apill 2, 1UI1,
have upon llw olllce of Hie delinquent tat col
lector, already filled by an appointment? In
nsccrtaininsr tlie answer to this question, tvo
facts must be kept In mind, iz., that .it the
time the ordinance was pa.-.ed Hie otllcs of elly
treasurer was elective, and that the plaintiff had
already been appointed delinquent tiiM collator.
A later act of assembly, passed by the sain"
lesl-lature, gives the recorder the power lo ap
point the city trcxsuicr.
It is contended on the part of the city tint
the moment the ordinance In question was ap
proved the two departments of city treasurer
nod collector of delinquent taes weie consoli
dated; that the city treasurer ipse facto became
collector cf delinquent taxes without nny act' n
on the pait of Hi? recorder; that If die olllce
of collector had an incumbent, the appioval of
the ordinance on April 2nd In effect legislated
lilm out of his olllce, because tlie law gave
this power to the councils, and that, thercfoie,
taking the most favorable view of the plilntlff's
case, the plaintiff held Ills oflke for one dhy
only.
The phintllT contends, first, that although fie
councils should consolidate the two ilcpiitmenls
by ordinance, tlic recorder could not be com
pelled to appoint the city treasurer to the olhVe
of collector of delinquent taxes, the recorder
alone having the power of appointment to fill
that office, and, second, that the vvhol! tnnr
and spirit of the act of 1WH i.s to centrallo the
executive function, of the city government and
place litem in the hands of the recorder, talJrs
.may from the legMutive bunch much of ihe
power pievlou.-ly exercised by the councils wlim
heraiitnn was n city of tlic third class.
In our ill-po-ition t this cue we shall -n-deavor
to harmonic the provisions of the act ot
11)0, relating to the matter in dispute, so a t
pre-ene the autlioilty of the councils as well as
Iho ptero'i!IVL' of the iceoulcr as (lie appointing
povvci.
ONK DAY AT I.IIAVI'.
1, It is clear that tlie plaintiff was the delin
quent tav; collector on Apill 1, 1001. TIu re
corder uii'iucsllnnably had the none, nnd"r lln
law, to make the appointment. The oulinar.ee
of Apill 2nd lud no legislative csUtenua when
the appointment was mane, n ean nuic no iiu
tenner In the'inteipielntlon of the law whither
.1 pi'i-on has been In olllce one day or one jeir.
'Ihe plaintiffs appointment on April 1st was iuu
as valid ns if the ordinance had been pi-ed it
a much later period end lie had been lollrcllni;
the delinquent ta.cs dining that lime. Mint,
ever elicit the pasige of the ordliuuie lud en
Iho olllce of lollcslor, It could have no strut
on thu validity of the appointment inado b,v the
iciordir on April I.
2. The lav.' of liiOl, Under section 1 o! Aul
lie II, alicady quuted, tho lounilN may, hi
oidlnance provide "tint one pcisou may be up
polutid dlreitor of public tafety and tint djpait.
mint of iliarltlM and collections," if these wue
the departmints concerned in thla cav, time
lould be no omruvi'iv as to the power of Hih
recorder In appoint tho diiector, liecaiHe the
litlit of appointnunl lo each ot tbe deputmcuts
is lodged In the icotihr alone, li.il the olh v
nf ilty treasurer was cleitlu'j therefore, there
Is a nec-.uv chunp In tbe plna.'olo.'y when
this ottlec a:ul that ! tbo (ollv'clor of delin
quent loves .ire refencd lo. 'Councils i.u, iv
onllfianiv, piovlde that the city treasuier may
be appointee! collect Jt of delinquent taxes "
Appo'utid by whom? The recorder Is the only
person vvl.o cm fill th-i oilice ol collect t'. This
iwwer Is expressly given in him. (mi the loun
lils by oulliunce tal.a away fim lilm the
right? Is It not more reasonable to hold tbat
the law and the ordinance am only a limitation
and not a destruction of the recorder's power A
appointment? Counsel for tlie illy contend ilui
if the recorder lias the right to appoint, illhouyli
his choice Is limited to the cH treasurer, .rid
falls or refuses lo no, the puipoy of the ai t
of n.snnil)ly In piuvldln;,- for the convilld.it: n
of the department Is defeated. Or, avjilu, !f
the recorder is bound to appoint the ilty iru--urer
alter Iho oidlnanco ts passed, the uppaiiit
ment would lie an act ol bUperciooMtion,
At fust ve w'vio Impressed by this loiilin.
Hon, but, on further consideration, we ihln'c
this portion ts untenable', It loses Night of
schtjI faclsi (1) 'iho recorder, under Ihs law,
has thu eole powir of appointing the colleUor-,
(2) Hi: ait provides that the city lira.unr "iu..y
Da appointor' collector; (.1) the interpret atic u
of the act should be in harmony with its spirit
aud intmtiou, without iolatlug the letter of !,
Wo think there is no dilUculty In giving full
force and effect to the provision of the act re
fnmf fli.l.f . f'l... ,..i
M-f- 4h ivn-ftfi
A FEW MORE DAYS!
, lielnaln for our KI'l.tlAt, UIIM.VANT 'Ul.r. In wlilili lime we thill make tpe-
cl.ll elUt to move thr leiiiilmle' .,f mil' tllllis VM) r.NDS. ujp
Their Values are not Impaired In the liat while pikes In ino-t ia-V are nit m
m liAlf. nr"
, II1IXA I'ltftT l't.ATKU, llllllAli and IHTl'llll I'l.VTi:?, IIIICM) IT.VIW, ?
Iiaiii iti-.ci:ivi:us, si:i:tn.ri iniiir.n wim: (ii.a.jsi:h, tioiii.u'ry, in, Jfe
each ,.,..,;,,,,, ,.., ''" mZ
iin. iirrrnii msir., ruiir
'Afcniti. w.viT.!! I'm nuns, i-iii
KI'IX'IAIi ill lies Pi (IAS l'01ITllll,l:i, lilted Willi WKI.HIIAI 11 &? OK
III IIMUis, MA.VII.IIH ind II'.V.IM'II Shade, complete -P'0
A few Special liilht Set", iiinpletu
, NIMe lieadlns -or ewhnf Lamp",
Shadrs, laili ,
.iAlllllNII'.lll'S linl lwl ..I nil,,.,,
llenmatit Pi lies.
n.-i V MiUnr &
S UtO. . VlHiar OK
FURNITURE REPAIRED
llnvea ou in your attic :i favorite chair with tlie upholstering in
bad shap?, an mm or a rocker broken, or perhaps having lliu spiings
out of order, wailing an iiulellntto sometiiijs to hu repaired? Let us
mend it, repolisli it, put a new cover on it and send it back to you as
good as new. '
' ' F. fi. KAIEH,
Lackawanna and Adams Avenues.
flB Q2 39 SB S
E?
22 S9 GS& ) sEd 35 E5 40
qmBKM'WiwiUMHiajMit
Are You a Lover
Of the Beautiful?
Do vcu wMi to have pietty llnics? We will
be pleased to show jou Solitalte lllamond
inet!, DiJinond and Kineiald Uln-i, Dii
rr.ond and Huby Kings. Diamond and Opal
Hlni;', Dlimnnd and Sipphho lllner, l'ia
niond and Turqnois UIiik. We will moil it
any desired eomhlnatlon to culm.
E. Schimpff,
317 Lackawanna avc.
KmKirmwaasmaiaasm
mBiamjmiiiHmMtmiMEsnEss!.
B
Headquarters
for
Incandescent
Gas Mantles,
Portable Lamps.
THE NEW DISCOVERY
Kern Iricandesc?nf
Gas Lamp.
orsyth
unsier
M.-M127 Peim Avcmit!.
lsttnir t" the consolidation of the depiitnien's
In ipicstloii, and at the same time to piocrvc
the lights cf tho iciordir,
tsi: ix a uqi'iim: si:x,si:.
The sictlcn of the act, above ipiol.il, Is an
Illustration of tin' Use of Hie woul "nny"
In u double n'lise. Tlio councils "may"
by ordinance eoinolldite ccitaln depailmcrits.
'Ihe vord is pcrruUdii' In Ibis eoim.'c
tian, Ihe mattei is lilt to Ihclr Ittfidi
live dlseretloii. 'Ihey ai,1 nut bmind, and nobody
can t-i'iipcl Hieni. lo jv such an oidlnauci'.
Hut. the louncllo havlnif aeled und liavluj loin
blued the olllin of ticisiiier and lollcetor and
Ilia law piovidlns thai, In that i.i-e, Ihe iiu
Irnuiirer "may" be .ipwlrited colleitor, tl.e
woul "iiu)" hem Is u-ed In IU loi'ipul-eny
sen'e. I'nless fn uiid, the lily ebjtet of ti.e
act In proildln,.' for the iuiiolldallou of Hie d
paiiliieuts would be ihf.aled by iho act ef tlio
I'liirf olllceT ut thu elt. It is not neus-.uy ,i
idle iiuthorllles oi to epioto ti'M-UiuK law a. to
tho urloiu niiiditions whleli justify Hie ne "I
vvoids of pciniMon as words of lommaiid. We
am of the opinion that It the iiCMder should
refuse to appoint the city treasurer in vollcii' i
of ilrllnquc.it tues, alter the'couiitlls have ac'id
by ordlnaiU'C, he could bo coinpellcil lo do o
by mandamus,tliu itli'iu ellici lo ihe law,
well as enfurclni? tint legislative wit of Hi' luim
ills and at the iii'.f time prmuvliii.-, tin' poivir
of Hie rvioider lo ill the niliec of toll iloi ly
appoint incut.
We cannot go oiilsula of Ihe fails us afieul
upon In our determination of this cai. 'Hid
plalntllf became delinquent tax coll.'ytor on
April 1, 1W1. .Vlllionsh nil crdinanee was paiml
I.iovldini,- for Hie appointment o! the eltv tuas
unr as eolleitcr, i.o uih appointment w .s
made". Tho vu'lion in In vvlut el'tel the ay
puliitmiut of the ell)' lieisuni ai lullivnr
r.ould have upon Ihe rla.hu 'it I lie plaintiff, lln
lawful Incumbent of the crllce, is lot hetorc u
rioiT, and wo therefore cpies no eplnlun upon
it. We only deilde the iju.-tlon raised !) the
case stated.
3, The intuition of the U'j;islatuie by Hie aet
of March 7, W, to cenirallze power and !cpo.i
alblllt) in Hi' eliicf cNecuilve ol a city of I I.o
Zieoiid IJH l , l upparenl. This 1 tlic ten
dene) of inunlilpal lei;Ul.ulon In other tuti.
The Visile IcBtihituiu tlul pats.'d the ait of IVil,
by a hUV net nave the power to tl.u icc-jrder
to appoint t!ie ell) Uca.urci. .Va tlw law standi
now, tho liei'ider ha '.w power uf jppolni
mini and nn.ova), i..cpi in llie i!.4e of cii
ivntrollei, whleli I'lllce ut bee'ii In elicit ;;
upted by the UaUIatuie leu ccv'cnl ica-oiis.
We do not icuslder lurlhcr dUtu!on lieees
aiy hi tliU ev-'. Our ilevvj as heielti v
piofid meet tli j letter cud I lie tplrll of the law
und klioutd prevail.
The pialulIU' belli? entitled to judauieiit. lie
only iiucillou lemalnlnj U the amount, should
it be for $l,W or for 7i-50. Wo find no dlfll.J
OFFERS
S Wonderful Shoe B
Z
ri.Aii;", Mrrvrxcin; i its m TCf, ut.
,, 60t' w,;
T.
$1 80 Mt,
finlr.it lit if t tinnier, lUliuli C 7? 2D
, , ,.,,,.,. "5&
sl VIU11 1 1 rill I l-J 1,1,1,1, ,m iioeil. nt
5
2-
fn 134 Wjoinln Aronnu
SO. W.lkliailUk Around. $
Trap
MXNAGiR.
Both "Miotici
c2) 4S C2 i cE& 2p S3 QB SSD
afiiairas
3S G GS 2D ES S9 CSS1 B cEiB
A Difference
There is as mucli ililYereiice in
Diamonds ns there is in human
faces, nnd not infrequently as
much hidden deception. When
you wish to buy a diamond, come
to us. You can rely upon our
judgment aud representation.
E. Schimpff,
317 Lackawanna ave.
412 Spruce St.
End of the
F. L. CRANE,
324 Lackawanna Avenue.
100S I'er.im and Marten Sloini
eollir Tli.OO now HOT
10.1 l'erlau and Jloiillloiitf stoim
eollar 13,(Wiiovv S.Oi
111); -Mink Monu collar 21.W liov.-1 W
SSJI-MiliU C'ollaictle IU.iki now SO 0
lllJs-lliiltt I'ollaletto 13.11' now l, lk
KUs-lll.uk Mai leu S.aif fl.nDnow 4,ii
lUJl-lll.uk Mallei Siaif ;,eKinow l.ii'l
l Meilrli- foil ftaif , l.Wnoiy l.o I
IUU Kluirii foil .we.uf -'..ii now 1..VI
HJS-Mblu 1'on ,-c.irf 11.00 now 1U m
l.-(-abli' IVs foaif .M now J.iri
lUV-lllm- l.)liN -font bLim now 10.11 1
;'lj41 Hint- ,)ii Seurf IJ.Wnow S.111
louo-lted Tun Neatf 7.0Q now I.iki
N-, Mink Naif, lorn; talis SI tu now l.il
,',ii-MlnU -i.il f SJ.0U now ir.ui
!i;j-L'lnii.iiuoii Hi -r Hua, .1 yds
lunir !l j.OO now 23.1JI)
:i7 -lSI.uk lleai lloa, :i yds lout;. 20,(1,1 now 11.01
uri lliown Hear lloa, il .vd lorn.'. lo.Uinow 10.0)
t,!) X.iiuial Opposiiiii lloa, :i iiU
lonjr (UMiiovv l.iio
Tuu-fiiav l'n jloa, .1 yds loins,, 1 O.IK) now T.iw
2IU llju'e l.vnx Iba, J ids Ions. U.UJ now 1.' 00
I'uij ll.'pilieil. 1'urs Mjnufai lured, Haw l'urs
Iloiiahl.
HENRY BELIN, JR.,
General Atreut for the Womlce Diirlctfo
' it
Dn pool's Powdeir
lllnlns, niistin.', Sporllnir, SmoUilcsi and (hi
llepauno Chemical C'c.mpiiu'
HIGH EXPLOSIVES.
Ejfi!) fuse, Caps and llsplodcrs. llcom 101 Con.
lull llulldln.' .Scrantcn.
AflKNCICS.
1II0. roill) Vittflcm
JOHN II. Mill II He SON Pijiuouth
IV. ll. MUl.l.Ul Wilkej-Uarrs
lulty du this point. The ilty, by iirdiiijuce,
C.ed the ioinK'iiitlon of tlw collector of dellu
itiiei.t taM, 'jlii, leavca 110 loom for, argument,
iv, January w), 1JW, we enter judstuciit m
favor of the plaiulllt and avralut th. tleteiidant,
upon tl.e coae jtateJ, for the tuui of S;2.W with
cutU. ll. M. lMvvareb, 1', J.
9
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9
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