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THE SCUANTOX TJUBUNE-FRIDAr, MARCH 28,
1902.
r
xxxxxxxxxxk;
inr. uonsnx itAnnrrArtE sroni.
YOU
NEED'
a strong and poifeetly io
liable ash or garbage can.
If so, ask for tlio WITT
CORRUCIATKDASII CAN
Stiong In ovoty pari fitted
wllli absolutely tight cov
ers. Foote & Shear Co.
119 N. "Wflehjnjton Arc Q
XXXXXXXXXXX
Spring Styles
in Children's Coats
newest model in llrojdclolli. ( heviot nnj
Silk. Iln; popular flllteOX llllS In
wash material; also ill Serge .mil 1 hcvlot.
HATS for between le.iions ami ml'l'am
met. Tlie niwel thing for littl men
and women. "Dents" KM (doves, .ill
rolors .it
THE BABY BAZAAR
118 Washington Avenue.
I.F.Megargel&Go.
Have removed from room 21.1 In 200 and i!07
l.'onncll nulluMm.'. second thiol, xvliorc. If an in
vestor, J on nlll llr.d full line of high grade
Stocks and lloiuls mi Nile. If we hue not sot
wli.1t you want, will find it for yon if to lie lnd.
"Will also find Jon :i bujer If )im wish tq sell,
always at the marl. el irke.
I. F. Megargel & Co.
Rooms 206 and 207
Connell Building:.
11 MBMWMJMitW
or k
We Will Gladly
receive and promptly In
vestigate applications for
loans.
THE PEOPLE'S
4Dffi
PERSONAL.
K. M. Tettksbiir.v, of Hnir.ilo, y. V., m- jn
tlie city jotculay.
Miss Mabel lllooiner. of Toiet court, Is ion
fined to lier loom wiili the jsrlp.
Lester Morfe, ot Mate College, is visiting at
hist home on yortli Hjde l'ailc ave'iuc,
Mla Heath, of the (-iranlou High nhool fac
ility, will spend J.'asler Sunday in llcstnu,
5lt,. Jinus (onroj, of ltrooklin, . V,, j tlio
Kiu si of .Mrs ('. 1.. Ann, of Oford street.
Contraetor J, 1. Kelper i on a hu-iiic-s trip
to New Vml; todiy and will return tonight.
K. II. Mnfir, ol Newton, X. .1., is visiting Ills
hiolhcr, 11. I'. Muter, ol the Scranton Savings
Innl.
f'liarie.s Zdgler until yu.terd.iv with the I.ach
.manna btore a?sin i.itlcn, i now with Hit hauls ,';
Wlrtli.
p. W. Hurr has iclurncd Irom Arizona w'neie
he went to look at minim,' propcrtica in whleh he
f Interested.
Miss Katie I'ahr.i, of Jeflcisoii uienue, is home
Iroui Nitiaitth Araderny, Jtocluster, to hpend tin
i:.ister liolldajs.
Mrs. T. I). Ilrewi-ter and daugliKr, I'laie, leave
thin morning tor Wnhlngton, 1). C, to spind the
K.uur vacation.
Mlsica Anna 'nintn.is, it Academy stieot, and
.lennto Pails of W.vhburn street, are bona for
K.ister freni WiUou colli ire.
Nilsim Athcrlon, of the l'lilicisili of I'etin
fi.ihMnU denial tlepartiuent. in v Idling his
p.,ient, Ml. and Mi. Polph Athcrt.in.
mliroKO Spitiiei, jr., ct I.afajette iollere, is
ending his i:.istei vai'atlen af tho liunui of Ids
paients, .Mr. and Ml... A. Ii. Jpencu ot Vo-.liIitn-lon
nifiiuf,
Mrs. 51. Mantnn, ot Mjih.1i Llmuk; Mt. A. 1'.
l'argo, of Waterbur.v, Conn., ami Mr-, I'. K.
Young, of Knglenuod, y, J., ale iruutnf Mr.
fliorse ficiiy, of Capou-e avenue,
A FINISHED MUSICIAN.
Mrs. Arthur Long: Proves Herself
nn Accomplished Pianist.
Mrs. Arthur Long, one of Professor
lluyden Kvans' most brilliant and fin
ished pupils, gave u uliino-forto re
cital Inst nlKht la Uuernsey hull, ns
slHted by Mrs. I. H. lirundtiKo, so
prano, and Arthur SIorKiui, buBso.
Mrs, Louk has grwit tt'i'hnlcul slclll
and nluya with an eaao and facility of
execution which In Jho rt'sult of lout;
practice. Btiu possesses, too, In no or
dinary degree that power of expres
sion without which piano plujlnt; bo
comes moro flmrer tryiunustlcs and the
piano player 11 mere musical mechanic.
Mendelssohn's exquisite "Songs "With
out "Words" were played with sympa
thetic tenderness, and as an Interpre
ter of some of Chopin's fragmentary
fantasies she reveuled her technique at
Its best,
Mrs. BrundUKe, wliosu beautiful so
prano voice Is heard all too seldom Jn
concert, sunt; C'arven's "iuuter T.and,"
and was also liOanl In a duet, "Angel
Voices," with Mh Huberts. The hitter
snntr Pllotl's "I I-ove You," with char-
acterlstlc robustness and power,
Tlio Old Clock on tlio Stairs
jj.'UMMMt.. I peMlitfnt, IH
sjSEfi?'. miwcniHilD nrc mod.
i rate nut pruuie,
he, I'utieut work
done: the line of
O O .V feEltVATOIlY
intruetlon muni
proline and ulti
mate tuccefa. Come
to our redtaU and
Judge for jourjclf.
J. Alfred 1'emilnc
ion. Direct' r.
BANK!
M". VII -".
CONCEItT FOB THE HOME.
What Critics Say About the Great
Artists Who Will Appear.
The greatest violinist at present in
Atuetlcu and tlio peer Of any in nit
Kurono is FilU Krelsler, who will play
nl the Home for the Friendless bandit,
Thursday evening, Apt 11 . People In
Hoston and New Yorl city iuo en
Irunectl upon his every appearance. Ho
sublime is his playing and so magnetic
his personality thnt ho Vtlelds u power
ful Inlluetice over his audience. AVoids
can not picture the scene it I his recital
In (.'arneglc hall. Mr. Krebllel, the
musical critic of the Xew Yorh Tri
bune, says that Ktelsler's playing of
the Hitch (.1 suing nrln Is line the tone
of four Trench horns.
Ills tone Is always btllllanily large
and mellow, and his Intonation Is im
peccable. Ho stands n master expon
ent of his art and produces upon his
audluuco an Impression that evokes
spontaneous outbursts of Inslstant ap
plause. Krelsler plays at the Metto
polltnn opera house Sunday evening,
March .'.0, and comes to the llnme for
the Friendless at the new armory, April
3, fresh fiom his New Yorl: and Hoston
triumphs.
In this week's Musical Courier, Mad-
'ame Hlauvelt Is designated as one of
America's most versatile slngcis, sing
ing equally well German, French, Ital
ian1 and English. Mr. Hen Davles, the
successor to the great Hlnm Hooves, Is
the true exponent of unadulterated tone
production and the legitimate art of
bnlliul singing, always In tone and al
ways In good voice. The official pto
granime will appear next Saturday in
all the papers. A girat demand for
tickets Is alteudy on, and an Immense
audience Is assured.
SEMI-ANNUAL MEETING.
Convention of Women's Foreign
Missionary Societies of Wyoming-
District Held Yesterday.
I'pwards of 100 delegates, repieseut
Ing Methodist Episcopal Women's For
eign Missionary societies from all parts
of the Wyoming dlsttlct, gathered In
the lecture room of the IClm Hark
church yesteulay In 'eml-anuuul con
vention and enjoyed two most protlt
nhlo sessions.
The morning session was opened with
devotional services, conducted by Mrs.
Y. (1. Simpson, and following this Mrs.
H. Downing welcomed the delegates on
behalf of the mlsslonaty society of the
IClm Park church. Mis. Melxell, of
Wilkes-Haire, the retiring recording
secretary, presented a lesume of work
done at the lat convention, and Mrs.
G. IC. I'owell, of Wllkes-H.irre, corre
sponnlng secretary, presented an ac
count for the leeeipls and disburse
ments for the last six mouths.
The most Important featuie of the
morning piogramme wus n. symposium
on the subject, "How the Woman's
Foreign Mlsslonaty Society Helps the
Chinch." Mrs. J. W. Henry, wife of
I'rofa.sor Henry, of Wyoming fe'eml
imiy, showed how it helped the church
Intellectually by bringing it Into sym
pathy with the outsldp world, and by
bringing lecturers from foreign Ileitis
so that the Individual numbers of the
church can be bi ought face to face
with conditions existing In foreign
lands.
Mrs. H. Whitemau, of Wilkes-Han e,
told how the society helps the church
financially, and Mrs. C. ft. Acker, of
this city, pointed out how It ist a gtenl
factor In the social life of every church.
Mrs. S. C. Murdock, of Kingston, ex
plained how the society helps the
church spiritually by Increasing the
gratitude and love of Its members, and
developing a deeper and more abiding
faith. Mrs. George P. Lindsay read a
btlef paper on "Our Work In Italy,"
and this closed the regular morning
piogramme.
Hetween the hours of 12 m. and 12:00
p. in. ptayer was offered for the success
of foieign mlssiontuy work and the
guidance of the woikers In the foreign
Held. Mis. O. K. I'owell led the prayer
service. A dainty luncheon was served
In the Sunday-school iooms of the
chinch, and at 2 o'clock the afternoon
service was begun with devotional ser
vices, conducted by Itev. C. B. Henry,
of Taylor. Mrs. Thompson, the con
tralto soloist, of Kim Parle church,
sang "The Light of I ho World" In a
superb manner.
Miss Sadie Peek, of this city, lead an
Interesting pa pur on "Uniform Head
ings," In which she urged the necessity
of all members of foreign missionary
societies rending "The Friend," the
olllela! organ of the society, so that all
may be kept In touch with the same
line of thought. Mrs. H. C. H. Henry,
of Taylor, read a paper dealing with
the life of Isabella Thulium, a celebrat
ed missionary worker In India. The
paper had been prcpated by Miss Cor
nelia Stark, who was unable to bo
present. A letter written by Miss Lln-
gic, one ot auss unomirn s converts,
was read by Mbs Nellie Dunn, of
WllkOs-Hurre.
llrlef papeis dealing with missionary
success In Korea. China, India ami
Japan were read by Mis. W. T. .Tames,
of Wllkes-Hanej Mrs. It. W. Pascoe,
of Avoca; Mrs, .1, S, Miller, of Scran
ton, and Mrs, n. S. Emory, of West
Pittston, respectively. Mis. C. (I. Wil
cox sjioku on "What Wo Owo Our Mis
sionaries." The election of otilems to fill vacan
cies caused by icmovals from the dis
trict resulted as follows: President,
Mrs. It, M. Pascoe, of Avoottj vice
president, Miss Sadlo Peck, of Scran
ton; recording secretary, Miss Sarah
Price, of Taylor; treasurer, Mrs, Ath
iirton. It wus decided to hold the next
meeting In the Simpson Methodist Epis
copal church In West Heranton.
.lust before adjournment resolutions
were adopted expressing th" gratltudo
of the delegates for their reception ond
hospitable uentment,
SORANTON BUSINESS COLLEGE.
Hard Workers Learn Bapldly,
Joseph D, English, who has spent
Just four months 1ij thu shorthand de
partment of the Scrnntou Huslness
Collego, has secured nu excellent posi
tion In the olllco of the Peck Lumber
company, at Peekvlllo.
Easter Gifts.
Kutster Powers give depth and soul to
the occasion, A beautiful, selection at
my store. Claik, llorlst,
Miss MeLaue, 222 Adanii avenue, Is
today haying an exhibit of the ;i,owest
eit'eols In floral hair ornaments for
evening wear,
John Harper 5c. Cigar.
Seven for S5c. Courseti, agent.
Eastor Remembrance.
A lino blooming pluut is the best.
Clark, llorlst
GAS FRANCHISE
IS DEFEATED
MAYOR'S VETO IS UNANIMOUS
LY SUSTAINED.
Mi. Ifeller Introduces a Reslutiou
Calling Upon the Recorder to In
vestigate Rumors of Bribery in
Connection with tlie Passage of tho
Ordinanco Through Councils Se
lect Council's Action on the Mat
ter Deferred by a Ruling of Chair
man Chittenden,
The anticipated veto of thegas fran
chise ordinance was transmitted to
common council last night mid sus
tained bv nn unanimous vote. Tho
message of the recorder set forth that
he vetoed the ordinanco because ot a
technical error In printing.
That tho recouler may possibly havo
been moved to discover the technical
error by something more than tho ordi
nary caro observed In considering a
measure submitted for his approval,
was Indicated by tho presentation of a
resolution by Mr. Keller calling upon
the recorder to Investigate rumors of
bribery in connection with the passage
of the gas franchise ordinance.
The recorder's veto message reads as
follows:
To llii! llor.oialde the Select and Common Coun
cils, City of KVr.inton. l'a.
tJentltnien: I herewith lctiirn without my ap
pinv.il file of luimnoti council Xn. .i2, 1I1, uu
unllnincp "IVniiittlntr the Consume!' Oas torn
pan.!, its sucocaors or iis.lj?ns to ereet and milu
taln gj', work", to liy plpei in the htreeK ave
nues, courts, alle.v, walks and public plaues in
the lity ot 'cianton for I he dUtrlbuticn of gi'."
Tim ordinaiiie as It comes to me, appirently
passed common lounell Jmuary !', ItKW, tlnalb,
with amendment inide Pecemlier M, !!, ami
was lcKiiIarly jJgned hy t lie clirl: and clulnnan
of Hi it hrundi. 'the ordinance then went oer
In the select council for ernciirrence nnd theie
l amended on l'ehruary 0 ond 27, IflM.
On ii-ldinic this ordinance with the one whleh
pad iiiiniii.ui covneil, I find th-m Identical,
ami no ttlUuuc of any amendment .h indicated
in the caution.
It is wry ntcessiiy with impoitanl lieMatlon,
su'li as tins, lint the s.liict letter of the law icla
the to lis foniiiticn and pasrair-' snculd lu com
plied w(th. I am,
Ver.i rc-pectfnlly joins,
W, I.. Connell, Cil J Keeorder.
VETO SUSTAINED.
There were 2U councllmen jirescnt
when the veto was considered, and not
a single vote was heard In favor of
passing Hie measure over the i ecorder's
bead. There was also a total lack of
discussion or comment.
AVhen the ordinance met its death
there was no one present who Is known
to be Interested In the Consumers'
company. Just who Its present mem
bers are Is not very generally known.
Casey Bi others were among its prin
cipal backers at its Inception, but they
withdrew from tho company before it
put Its ordinance before councils, and
the stock they had subscribed was dis
tributed among a number of small pur
chasers. It has not as yet been made
public who these successors are.
Mr. Keller's resolution was as fol
lows: Wluicis, H is cunently miiioicd, and his
heen stated in the public picw tint linurry was
le-ortcd lo in M curing the paafi;e of file of com
mon council yo. ."2, an onllnince granting a
franelike for supplying edi to the residents of
Scranton, and
Wherea-, bucli statements reflect upon the in
tegrity of all mcniWs of council-, therefore,
he it
Ilcsolred, Hy tho common council, select coun
cil fotiiurrlnir, that the ucordn lie and liciebv
is repintcd lo fully inw -titrate this matter :.nil
t.ike micIi action as the lcult ot his imetlirjtion
sliall warrant.
The lesolutlon was sent over to select
council for concurrence, but Chairman
Chittenden, who Is a stickler for par
liamentary regularity, refused to per
mit its consideration because of that
section of the "ripper" bill which pro
vides that no ordinance or resolution
shall be passed on the day of Its in
troduction. The resolution was adopted without
dissent or discussion and sent over to
select council for concurrence.
APPHOVAL REFUSED.
The leeordor also letumed without
his approval tin ordinance providing
for ii sewer basin at the corner of Re
becca avenue and Jackson street, for
the icason that It was not accompanied
hy a certificate of the existence of the
fund from which It presumes to take
the money with which to make tho hn
procment. The vote to sustain tho
veto was unanimous.
Tho ordinance providing for the Is
suing of 2S3,000 of city improvement
bonds came over from select council
with an amendment directing that tho
funds received fiom the sale of the
bonds shall be placed at Interest In
banks In tho name of the olty until
such time as It Is expended. The
amendment was coneuned In,
The amendments made to the appro
priation ordinance were not concurred
In and they went to a conference com
mittee. The amendments are as fol
lows: Strike out $12."i for water rent,
$S00 for the Keyser Valley hose com
pany and $C0O for clerk of common
council, and add $1,100 for salary of
an assistant city engineer.
Tim select council ordinance provid
ing for fenders and wheel guards on
street cars was referred to the railway
committee with Instructions to report
forthwith. It was reported favorably
and passed two readings. Similar tie
Hon was taken In relation to the ordi
nances transferring money to pay the
stuto tax on loans, nnd providing for
thu distribution of city advertising,
FOH IMPROVEMENTS.
Concurrence was given tho resolution
piovldlni; for plans for a stone arch
culvert on Kim street, between Pros
pect and South Webster avenues; ill
reotlug the director of public works to
tako possession of tho portion of Mat
tes street occupied by the Lackawanna
Easter Offering
"MOIIII.lt I.OVK" U Hie title of our NEW AUT
SOPWISlIt fit tiVSrillt. U-'. Jt was painted
espiei-sly for u.s hy a cclcluated attlM. Wo haie
iud it ivproduccd ut a larifo etpinse lltho
;iaphed ill ten oil colora-ulM H2d Inches. It
is hut.li a eliariidiu and attractlwi uibkct that It
.hoiild Hud a placu in every home, Hid it: you
will procure a cop),
GIVEN AWAY FREE.
To all jiuicliiscrs ot A. Ic J Teas, Coffee, Spice,
',tras and lloklnj Powder,
Monday, Maich 24 to Saturday 20th.
THE GREAT.
Atlantic ami Pacific Tea Co.,
HI I.ackav.amu e Ml North Main Ale
'I'Kne Wi hompt delhcry New 'plionc IM,
Iron and Slcrl company; n resolution
providing for the opening of Birch
street between Cedar and South Wash
ington avenues.
Mr, Alworth Introduced n resolution
authorizing the director of public works
lo exchange the old road roller for a
new one on the best terms procurable.
It was adopted,
The following ordinances paused third
and limit reading: Providing for tho
construction of section F, of the 12th
sewer dlstilcl, draining the neighbor
hood of Hertz court, South Scrautou;
providing for an electric light at thu
corner of Wyoming avenue and Phelps
street; providing for grading Taylor
avenue, between Mulberry niitV Vine
streets; providing: for three lire alarm
boxes In the Twenly-llrst wurtl.
Adjournment was made to next
Thursday night.
SELECT COUNCIL.
The select council held nn hour's ses
sion last night, but nothing except
routine business was transacted. Tho
members engaged themselves principal
ly In ferreting out old ordinances
which have been lying untouched for
months nnd getting them pafcsed on
llrst and second readings.
The general appropriation ordinance
was passed on third and final reading
without comment or discussion, as was
also the ordinance providing for the
Issuing of $285,000 worth of bonds for
paying off $100,000 worth of judgments
and effecting certain municipal Im
provements In various parts of tho city.
Other ordinances passed on third and
Html leading were as follows: Provid
ing for the licensing of hucksters; pro
viding for n sewer system In the Tenth
ward; providing for u sewer system on
portions of Wyoming avenue, Ash
street and other thoroughfares; pro
viding for the erection of two electric
lights In the Seventeenth ward; pro
viding for the laying of flagstone side
walks on Fllmore avenue between
Jackson and Washburn stieets.
The council adjourned to meet next
Tuesday night, so as to llnlsh irp nil
old business and send It over to com
mon council, which meets on Thurs
day night.
WANT TO BE POLICEMEN
Upwards of Fifty Applications for
the Ten Places Soon to Be Cre
ated Some Applicants.
Ton new patrolmen are provided for
by the appropriation ordinance "now
pending In council:, and, as might be
expected, there are applications for the
places almost without number. Direc
tor of Public Safety Warmser would
not "ay jesteiday how many applica
tions there arc, but It K known that
there are upwaids of fifty on file In
his olllce.
Among those who have applications
In and who are using every effort to
secure appointments are the following:
Fred Loch and Former Patrolman
Thomas Watklns, of tho First ward;
John J. McAndrew and I. II. Hanloy, of
the Second ward; Edward B. Evans,
of the Fourth ward; Patrick Lynn and
John Jones, of the Fifth ward; Former
Patrolman John Peuster, of the Ninth
ward; George Kiel) and William Kline,
of tho Eleventh ward; Former Patrol
man James Coleman, of the Twelfth
ward; John Duffy and John McDonald,
of the Fourteenth ward; Arthur Wil
liams and Thomas Dawrlck, of the Fif
teenth ward; Thomas Nolan, of the
Eighteenth ward; P. J. Hopkins and
John Munley, of the Nineteenth ward,
and William Morgan, of the Twenty
first ward.
The men who are to appointed to the
ten places which will be cieated are lo
be subjected to an examination, the
ex'ict form of which Is to bo decided
upon at a conference soon to be held
between Director Wormser and Record
er Connell. It is al.so proposed to cre
ate what is to be known as a substi
tute list, which will be filled by the
men eligible for permanent appoint
ment. It Is proposed to have these men
take the places of policemen who may
bo compelled to abserrt themselves from
duty for any reason.
The ten appointments will be made
within tho next two weeks, providing
tho appropriation ordinanco is passed
and approved by that time.
J. W. STONE OWES 804,100.
Sole Asset of Bradford Lawyer .?100
Worth of Personal Property.
Judson Wright Stone, of Canton bor
ough, a prominent member of the Brad
ford county bar, yesterday Hied a vol
untary petition In bankruptcy with
Judgo It. W. Arohbald. His liabilities
amount to tho exceedingly large sum of
$01,100, and his solo assets Is $100 worth
of exempt personal property.
Of the $114,100 mentioned as debts,
there Is $10,100 In unsecured claims,
while $75,000 is mainly due on notes en
dorsed by Mr. Stone. These consist
largely of notes of the Masonic Hotel
company, which conducted a. hotel In
Chicago during the World's Fair, Tho
case has been referred to Louis M. Hull,
of Towanda.
-
Make a Note of It.
The division offices of tho Lackawan
na rallioad, freight nnd passenger de
partments, are now located In Rooms
JOS, 009 and 015, Mears' lnilldlng,
Azaleas in Full Bloom
As an Easter offering. Clark, llorlst.
Easter llowero at McCllntock's, IIS
Washington avenue,
Kresli daily Huyler's
Easter Novelties.
Fine Chocolate Chips Cho
colate Creams, 18c per pound.
Nut Chocolates, 35c per lb,
Worth 60c.
Oranges Sweet Fruit 15c
per dozen,
Strawberries every day,
E. G, Course it,
Best Goods for Least
Money,
mmmmmmmmmm
IMtHHHiKllHBSHBSBBHMHnilfe.
I Huvler's j
L
STURGES AGAIN
IS THE WINNER
SUPREME COURT DECIDES IN
HIS FAVOR.
In the Noith Washington Avenue
Tavlng Case, in Which tho City
Sued Mr. Sturges for a Balance of
His Paving Assessment, the Su
preme Court Affirms tho Action of
Judge Carpenter in Ruling that
tho Assessment Was Uncollectable
, Form of Action Irregular.
Tho opinion of the Supreme court In
the case of the City of Scranton against
12. H. Sturges, was received here yes
terday, and is printed below In full.
Mr. Sturges refused to pay a part of
bin assessment for the paving of North
Washington avenue, because the pave
ment was not kept In proper repnlr for
five years, as per contract. When the
five years was about to expire, he and
other property holders served notice on
the city authorities that tho pavement
was In bad condition, nnd that the
company's bond should not bo released
until It had part of the pavement In
good shape. The notice was Ignored,
and Mr, Sturges thereupon refused to
pay any other assessments.
The city brought suit In assumpsit
to recover the balance owing and the
case was tried before Judge J. W. Car
penter. Mr. Sturges' attorneys, Welles
it Torrey and James Gardner Sander
son, asked for non-suit on the ground
that form of action was Irregular, and
that the contract was Illegal In that It
included repair work for which tho
property holder can not bo compelled
lo pay. '
City, Solicitor George M. Watson and
Cornelius Cotnegys, lepresentlng the
plaintiff, contended that assumpsit
was the proper form of action and that
the clause relating to repairs for five
years was trot In fact a provision for
lepalrs, but simply a guaranty that
the work would be performed in a
manner that would make repairs un
necessary for live years.
JUDGE CARPENTER'S RULING.
Judge Carpenter disposed of the case
on tho second point, ruling that the
expense of the repairs was unquestion
ably taken into account when the con
tractor was making his bid, and con
sequently the cosl of the repnlis was
Included hi the assessment against the
property owner. As there was no way
of separating the cost of the paving
and the cosl of repairs, the whole as
sessment. Judge Carpenter decided,
was Illegal and uncollectable.
In finding that the property holder
can be assessed only for the original
cost of paving, and that all repair
work must be paid for by the city at
large, Judge Carpenter stated that ho
followed- the decision of Judge Archi
bald In the case of Wllllamsport
against Hughes.
Tho Supreme court, besides affirming
Judgo Carpenter's finding, declnres
that the form of action was Irregular.
The opinion reads as follows:
Per ruriani
In 18's), by proper proceeJincs the cltv ot
Scranton determined to pivo Washington ac
nu with sheet a-plnlt, and thereupon made a
contract with the Irinldid Arphdt company to
put down the pircment. But the contract, in
addition to the lajlns of the pacmcnt according;
to plana and specifications foi work and ma
terials, included this further Btlpnlition: "Said
lepaiis to include all breaking of pawment for
ira3. water and sewer purpobes, as well ils the
ordinary weariand tc.ii no far as the city is con
cerned for a period of fno jears,"
lleforc the csplratlpn, of flic joars, the pave
mint, apparently being of poor quality, became
broken and, in place, Impassable. The defend
ant was .i lot owner fronting on the street
whereon the new piemcnt was hid and had
Joined with others in the petition to councils
to adopt and coastruct the asphalt pavement.
ASSESSED FOR REPAIRS.
The ordinance, under which the contract wss
made, proiided that abutting property owners
should lie ajeed, not only for the oriirinal cost
of the pawment, but for repairs theieto, within
ilie the yeais. The defendant paid his as.se
ment ot the oriiriual cot but refined to pay for
npalrs; before the expiration of the fle jears,
the city, for the benefit of the contractor brought
this suit in assumpsit against defendant to recov
er his ratable portion of the cost of these rciulr".
The first question is, will usisurniwlt lie for
such a chlm cien If it be well founded on a
legal demand? 'o such remedy is giien by
the act of 23d of .May, 3M3, as argued. That
act by any fair Interpretation, bases tlio right ot
lecoiery on a lien filed; sclro facias, thereon
will result in a general Judgment by the terms
of the act, but a general judgment can not be
obtained on an unrcgMcred claim by the com
mon law action of assuinpolt. Ami so we held
in McKmport w. l'ldler, 117 l'a., 53J: "An as
.segment by a municipality for paling a street
ia a tat and cannot be collected .is an ordlnaiy
debt bv a common law action unless such remedy
Is ghen by statute. There can bo no
recovery in as-ump--it for nn atscsiinent without
clear legl-latiie authority."
Hut besides this fatal objection to the fotiu
nf action, tlie nmcUe and clear opinion of tho
learned judge of the court below, both On Tea
bon and authority, ilemonMratea'tlut the prop.
rrly owner miinot be icqulred to bear the ci
peico of repairing the pavement, inn-e it lus
been laid. Therefore the judgment U atlinned,
Schlitz Bock Beer
For Easter. Order early for prompt
delivery. A W. Schrader, 725 Adams
avenue. "
Which
hall It Be?
If a 93 DERBY you get
more intiinsic worth than any
one else gives for S3, and as
much wearing quality as
some you pay more for,
If a ?5 Hat get a KNOX
and 70U have the- best derby
made. All the good cpilng
styles.
Here you will find Easter
Neckwear with unusual nnap
and style, at the price 50c.
ejfwB
BE WISE TODAY,
718 FOLLY TO DEFER ITS USE
Panic's Celery Compound
Makes Wondrous Cures.
It Is the Great Spring Season
Life Giver.
Men and women, young and old, cuter
Into the spring senson with a variety
of diseases Hint nilse from n faulty or
Impaired nervous system.
Of nil known medicines, Pnlnc's Cele
ry Compound stnnds llrst us a rapid
and sure euro for all nervous diseases,
neuralgia, rheumatism, dyspepsia, nnd
blood troubles. At this thno when tlio
blood Is thin, Impoverished, nnd Impure,
Pntne's Celery Compound Is the agent
that purifies nnd enriches the life
stream, bringing strength, vigor, and
sound health.
The use of one bottle of Pntne's Cel
ery Compound will quickly convince
suffering men or women that they have
truly laid hold of the spring medicine
that accomplishes alt it promises.
Thousands In tho past have been saved
and blessed by Value's Celery Com
pound; you can share the sumo bless
ings and have yeurs of happiness add
ed to your life.
When you go to your dealer, see that
you get the genuine Palne's Celery
Compound; refuse nit substitutes and
imitations. Sec that the name
PAINE'S Is on wrapper and bottle.
Diamond Dyss & faaii?",inEAi,ccr:
Clematis
Vines
!
A very rapid grower. No climb
ing plant possesses Its hardiness
and vigor of llowerlng qunllties.
The foliage is unusually broad
and healthy, -of a deep clear
green. Tho flowers ore pure
white, often tinged with cre.u
three-quarters of an Inch it.
H diameter, star shaped and with
a pleasing and penetrating fra
grance. Price this vine at your
florist's. Our price, each,
10c,
BROS,
Fire Sale of
Wall Paper and Shades.
Jacobs & Fasold,
505 Linden Street.
Fine Umbrellas and Parasols ot
Wholesale nnd Retail. Our
Spring Line is now complete em
bracing all the New Colors and
Patterns. Large Stock of Han
dles to select from. Repairing
and recovering of every des
cription. M. SILVERMAN, Prop.,
313 Spruce Street.
i OUR EASTER DISPLAY g
-a
a
a
a
a
a
a
a
a
V2
Thia J ear far eNels any of our
previous eflorts in till-, putlcuhr
line. The lino h larger, newer
and constats of more 1101 cities
than ci er before.
I .
3 Easter Cards
We ran supply ;ou with almost
anything )ou desire in the way
ot Uaster Cards.
Tor the first time we have a
photographic line ol chickens,
duels, etc., mounted on hind
painted cards, which certain!)
appeals to the Halter line bu.ui,
a
a
a
REYNOLDS
jf Stationers and Engravers, Scranton.
vmwMmwwmynwMMmMMnmmw
.$!$$$$
t Lubricating
OILS
IVIalnnPii fiil X ManifarfJipincf fnmrianu
(UIVM .4W.W. , vw...,-.,
I4i.i4v meridian btrest, $,
OLD 'PHONE 26'2, NEW 'PHONE SBBl fy
!'
! 4 H ! & 4 "fr t 4 4 H' 41
Going out of the bi-,,
cycle business. ' 5
We are closing out at
M I O
Cash.
A Few Ladies' Machines
.j.
-AT
S15.00 EACH
.
See us before buying.
5 Bittenbender&CL
I 126-128 Franklin Ave. J
2 $ 2 2 2 i S 4 S ? i 2 $ $
AVhen the best clothing made Is g
to be had, at the price uskod for
tho other kind, and the patterns
arc new and exclusive, don't you
think it is worthy of consider
ation? AVe will take pleasure In
showing you.
John
Clothier
416 Lackawanna Ave. ,;
"Stocks"
and
We have this day irc
ceived a fine line of
Stocks and Belts
to match in. black and
colors. Your Easter out
fit will not be complete
without one.
Cramer-Wells Co.
130 Wyoming Ave.
'PHONE 353-3,
Allis-Chalmers Co
Successors to Machine Huslness ot
Dickson Manufacturing Co., Scranton
and AVllkes-Daire, Pa.
Stationary Engines, Boilers, Mining
Machinery, Pumps.
Booklets and- Novelties
ST-
'I he Iniid.ome lluo of lluuMots -'
this jenr has been limited, mid Mil H',
call) vWIt will be of bciuc ad. 5",
vantage to Hivmi iutcreole'el. 'I he j;
novelties which we mi this
.war arc ihlelly those which wu
liavn impoili'd, jueluUJMi,' ducl&,
chlcKcnx, rabbits and a host of
cthi'iH which arc new.
&
Stationery
Wo lute reieiicd a number of Z
new and awcll bines ul Stationery gj;
In ili In lie shules am) -ui. All g
epiotlv oi our l;.i,tci Hade. "S
BROTHE
M ""
s
and Burning
&
$25.00
(Logical j
I Reasoning i
Boyle,
Bets
n
1