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THE SCRiNTON TRIBUNE-WEDNESDAY, APRIL 23, 1902.
Cooking with Gas
FOU KOUn 1AYS, coimuene
Ing Apt I! Slat, every afternoon
nt 3 o'clock MISS KMILY MAH
ION COIiLINCI will continue her
IcotureH unci demonstrations, on
how well the fJas ItiiiiBe iloeB Us
work, nt our STORK ROOM, No.
126 WASHINGTON AV13NUE.
Ih) Scranhn Gas & Water Co,
3. Co'crlwr 'uri,u lie.
Till'. COM" It MIMIN'Al, niul liiurS
no toliipiihou with tlio .VTIsr.tTU)
cxiicrknccil nml HI.Sl'M' iiULilrril In
ii'lnp; an artlclp V.M1I1 cmitnlii.1 thce
TIIRKH ISSI:NTI.Mi 1UALIT1I'.S
Is the lli:COiMZHU feTAND.MH) In teaily
Atlantic White Lead and
Fare Linseed Oil ... .
m.iic an "mrmasriM!" tuini ami
when .iipllc.rllh WHim.i'S uni'siiix
a luautiriil and jiciiuinnil iliii-Ii H nl
HOI.KH M". Olid ll"tjl Auciiti.
MA I THEWS BROS
320 Lackawanna Ave.
Tuesday, April '22nd,
209 Washington Avenue
Vioni the .i-lie-i of nur foinirr store lui
arisrn ult.it is nndouljlrdh' llio lmnil-ioiriffit
store or its kind In the Rtate. It Hunt
be srrn to le nppicri.itcd.
You nrc cirnc-4ly requested to attend
the opining 'lucsj.iy netl.
DuriiiR our npenlntr wool, liecinnlnp; to
day we frim ilunlilc 'll iilinx Mamps.
Jacobs & Fasold
Intrrior Deeor.)tois ami dealer1! in Wall
Piper, 1'iitiiie-., I'mmcs, MoiiIiIiuks
Shades, ami I'.iints,
Furnltuip upholhtercd and repaired.
Send po.sUl to 12-18 Providence Road.
Old 'Phone, 109-3, Green Ridge.
Gty Notes. J
COMPANY DltllXS The number of (.impi
inp It and II will meet tonight at tlio armny
lor ui hi.
'Si:T TO HII.I.SIIIi: IIOMP.-Addj A11I1I1.1I1I, .1
juiinjr uninm jiioaled tally yesterday morning
for street ualkliiR, u adjudged In lie MUhtly
in-ine ami ..u taken to tint IIIlUlilc Homo in
loiiv sm:i:m:v lommh ri:u-.)niin hiwun-j,
mnlrd on Monday ninht for iislmj IU- Ian.
BHikp on a Pioudoiue ar, j. iiiimnliUil to the
county jalL foi silj il.i.n ycsteiday nioiulim by
JI.igMi.iU' Mill.11 in delault ol u (in tuf 10.
TO CO.NPi:U ltl.t!lli:i. -K.j, tone J.od'e of
Pcrfeition will cunfir ttie fouitli, mmIi and foiu
tiMitli degrus on .1 diss of tandlditu in Memo
rial hall tonight. JIumo will he fuinWiid h ,1
fpurtctte and rifies-hmciiU will bo suied im
imdhitoly following the eonfrriing of the digiees.
PIED AT IIO-PITl..-.l.i.ol lliown, need (10
feais, ulio reeelwd seiero mjiiruD at the I.acka-
.aniu iar shopi list week, died eailv josterdiy'
nioiniiiR at Ilic jio-.es Jajlot hospital, 'llio dc-e.u-iul
1 (tilled en Palm Mieet, South Si.ranto-1,
iml la Eiirvlu'd by H'leral children.
HIS TIHHI) AltIli:ST.-Palrohnari Iluniinvluii
nude Ills ihlid nrn'st last night, lie tool; Itiy
lliebe, nn lS-year-old t,nth, in diaigc for aclluj
'11 a loud and hoUliioui nuirier in lompany with
a number of boy,i at the iomer of Adam, su
niic and Pine ttricl, Young Iliche w n ,iln,u
to go 011 his own ircognizaiuc until this nom
P.. 1.. k W. P W.P.VYS. The rmploje-i of the
Aondule, Amhlnclota, lllh-, HalUtead, Ptitc
1 bono and Woodw ml lolllerl.- will be pii to.
morrow. On Prldiy the rmplniea of tliu Pia.
inond, Dlanicml wjaliri), -Maniille and Sloiig will
be paid. On futuidiy the niiiln)ci of all the
otliir tlililein collierks in Siranlon and vklnlty
will bo paid,
CLEANING OF STREETS.
Provision Regulating: Price of Labor
May Prevent Contract.
BHIb for the i-leaiiltiff of the city's
BtreetB by contract luivo not yet been
advertised for, and It Is questionable If
any could be secured should the pro
islonnor tlio resolution signed by Re
corder Connell Inst weelt bo cart led out.
The resolution ns originally Intio
duced tontnlneil no provision fixing it
minimum price to be paid for labor, urn!
on this basis at least two men weto
willing; to put in bids. Common coun
cil, however, nmeuded the resolution yo
as to ilx $1,50 per eight-hour-day as the
minimum wage tq be paid. Jt Is under
stood thut the Insertion of this umend
mont renders It Impossible for anyone
to undertake the work nnd make It pay
at a contract figure of $15,000 a year
or less. ,
LADIES CAN WEAR SH0i
oii tiro (mailer after uIiig Allen' Poot-Pase a
powder to be shaken Into llio hoe. t nukcj
light 'or new nhoes feel caoy: Hu Instant 1"
lief to corn and bunion. It's the Tg.eate.t comfort
dUrpierv of tlio a-'o . funs and picvcnU tuolleii
tret. lilUtetD, j.1Ious and org inota. Mieu'a
Fool-Huto U a certain uio lor sweating, hot, ac"
log feet. At all diuggUU 4iul t4io stores. S3o
Uon't accept any sulitltuti. 'ivial paekago phi:e
by lV'1. Addrcis Allen S. OlnlfcuJ, Ulij, K.
OOOD PRACTICE GAME.
Manager Lnwson Had His Men Hard
at Work Yesterday.
The Hcriiiiton lcnRiie team had some
good practice In a game with the locals
yesterdny afternoon nt the park. Mali
nger t.tiwson nlso hud ttn opportunity
to "try but" two young pitchers, who
have been anxious to secure positions
on the Hcranton team. A deaf mute
pitcher named Keller, from Olyphnnt,
who lntt Reason pitched for the R. H.
D. club, of Philadelphia, twirled the
Hpheiu for .Heinnton, while Zimmerman,
ti senil-profesolomtl, who pitched for
the Brldgeton, X, J club last season,
pitched for the locals. The locals were
also telnforced by Ralney, Wlllse, Fer
ris and McOarry, of the Hcranton team.
The leaguern played In fine form and
hud little dllllculty In winning nway
from the locals, by a seote of 15 to 0.
SehnmltB and Nickels hit the ball snv
agely, the former for a home run and a
triple, and the latter for a. triple and
For the locals Rtilney did great back
stop work nnd caught three men who
tiled to steal second base. Keller let
the locals down with six hits, nnd It Is
Manager I.uw.son's Intention of giving
him a further trial with the Hcrunton
team. The following Is the scoie:
It. II. II. A. II.
tiortoii. cf 2 ti 1 0 0
11l.1i.1lj, if a -j n 0
Milcil, rf 2 2 10
S11III1.111, :tb 12 12 1)
Stimuli,', II 2 2 1" 0 (1
"'. 21' I 1 t t "0
Pun. - :i 2i :i 1
Steinberg, v 2 2 t 2 0
Killir, 1 0 117 1
ToliiN 15 ij 2T IS 2
H. II. O. A. 1:.
Mtf.'iry, If n u 0 I) 1
PeirU, Jh 0 2 4 2 0
"llt-c, Jb 4 0 I 10 U 0
Hilney, c 0 t i 0
I'osnei, if 0 1) 1 1 0
Schoeiibeig, if n 0 1 n (I
Dolman, s-i 0 2 1 : 0
Simmcruian, p 0 1) 2 2 2
Thompson, Kb 0 0 2 2 1
Totals 0 6 27 1.1 4
Scr.inlon ! 0 0 0 0 " (I 1 S l'l
f-Of lis 0 0 0 0 0 0 0 0 00
Two-bave hits NukeR P1.H17, Steinberg. Ihife.
have lillt Nickels, Silnnall. Homo mil
Schmaltz. Hasos on balln Br Slniniermaii, ::; bj
Keller, :i. Double plaj Piatiz to Ho to
SchmaltK. Sloleu bases-tioi ton, 2. Time of
gome Two hours L'wpiie Goodenotigh,
RUSHED THE SEASON.
Hot Weather Arrived Away Ahead
of Time and Caused No Little
Summer weather struck the town
yestetday, 11 few weeks ahead of sched
ule time, and nhijed &ad havoc with
the tetnppts of the. vast maloiity of
Sciantonians who are still wearing win
ter clothing and who conseciuently
sweltered all day long.
AVeatherman Clarke had fotecasted
rain for yesterday, but the storm which
he had looked for this cltv jumped Its
contract with him nnd ulayed a date
up north silong the Great Lakes. This
storm was the cause of all the trouble,
so Mr. Clarke says. It blew tin fiom
the gulf on Sunday and on Monday was
KUItit; a performance in Kansas. In
stead of coming cast, however, it went
due north, but its doing so forced warm
winds as far ns the Atlantic co.iht.
AVeatherman Clarke gives a scientillc
explanation of why this is so, that is a
positive delight to listen to.
The warm spell llrst becan to he
noticeable early jesterday morning. At
S o'clock the weather was like an ordi
nary summer day's. At noon the ther
mometer registered Si; degiees and at -o'clock
it recorded S7 degiers.
Rut this was the weather bateau ther
mometer, which is on the loof of the
eight-story Connell building, fanned by
"all the winds that blow." Down In the
street, where fat men perspirpd and
women wished they had worn their
shit t waists, it was !I0 degrees and one
or two theiinomete,is of perhaps un
certain reputation reglsteied even as
high as Dt degrees.
It was altogether the hottest April 22
that has been experienced here in many
years and was In striking contrast to
another April 22, which a Tribune man
heard tin old Inhabitant telling about a
few days ago. On that particular April
22 It snowed to the dentil of neiirlv n
foot and was bitter cold. Rut that was
many, many years ago.
AVeatherman Clarke says we are going
to have continued warm weather today,
but promises rain for tonight.
A BIG SEASON ASSURED.
Lodore Will Be the Mecca for Ex
cursionists the Coming' Season.
All indications point to Lake Lodore
as the most popular of all excursion re
sorts for the fast-approaching season,
nnd to even surpass its immense busi
ness of last year. The individual ex
cursionist prefers a lake resort, and the
scenic beauties of Lodore Itself, its, far
spreading grove, Incomparable dance
pavilion, Its merry-go-round, the de
light of the children, Its well-equipped
kitchens, clam oven, refreshment
booths, Spalding ball grounds, naphtha
launches, steamer, large excursion boat
and varied other amusements render It
a summer parndlse, and at the same
time the most profit-making resort for
churches nnd societies. There are some
splendid dates left, for the privilege of
which please appply to W. L. Pryor,
district passenger agent. Delaware and
Hudson Railroad, Sctanton, Pa.
Sessions of Orphans' Court.
Judge A. A. A'osburg will hold a ses
sion of the Orphans' court each day this
week, beginning today at 10 a. 111,
Speolul hearings have been fixed for
AVcdnesdny, Thursday nnd Ft Iday, while
Saturday Is tie monthly return day ses
sion, at which time citations and other
piocess tire made returnable,
The hearing set down for today is the
uppllcatlon for the removal of the ex
ecutrix under the will of Fredeilck
Simon, deceased, upon the ground of
TO THE CONTEST EDITOR
Sir: Please fin oil my name as one of the coutestairts in The Tilb
une's Gducutlonul Contest, and send me equipment and more detailed
Information concerning the wutk us soon as Issued,
... I. ,, ,
(( ut tkU out and mall to "Contest l.'dltor,
In orilir that J on may be among the II r, I to
I Ik, bee adierticmeut on fourth page of IhU
OF A SQUATTER
SUPERIOR COURT REVERSES
THE DUFFY CASE.
To Secure Judgment of Ejectment
Against a Squatter Is Not Suf
ficient to Toll the Continuation of
0 Squatter's Occupancy After
Judgment Is Secured the Plaintiff
Must Oust the Squatter and Take
Possession Valuable Tract in Car
One of the Litckawnnna cases decided
by the Superior court, In Pittsburg,
Monday, was that of Mary Duffy
against Mary t' Duffy, a suit In eject
ment for a valuable tract of land In
Carbondalc. The finding of the local
court, In favor of the plaintiff, was re
The plaintiff Is grand-aunt of the
defendant. Another Maty tyuffy. grand
mother of the defendant, settled on the
land In 1S42 nnd ncqulred squatter title.
In 18TG she conveyed to hr.r infant
granddaughter, thp ptesent defendant.
The grund-uunt, the plaintiff In this
case, was allowed to leslde on the land
after the grandmother's death and was
not disturbed until she purchased a
deed for the property from the Deln
wate and Hudson company in Septem
ber, 18911, when the granddaughter pro
ceeded to eject her, and got a verdict.
Under the old law It was necessary
to get two 'erdlcts In ejectment to
make a title valid. The second action
was Instituted with the granddaughter
as defendant. AVhen the case came to
tt lal the Delaware and Hudson com
pany, which was the leal plaintiff,
showed thut at one time dining the
twenty-one years In which the grand
mother was ttcqultlng squatter title, It
proceeded against her in ejectment and
secured judgment. This, It was con
tended by the company, tolled the
squatter right and left the grandmother
without any title to convey to the
In answer to this, the granddaughter
contended that the judgment In eject
ment had not been proceeded with to
a point necessary to break In on the
twenty-one years' possession, the com
pany never having taken possession.
The Iqcal couit decided that It was
only necessary to secure a veidict In
ejectment. The Superior court now says
that the company should huve also
OPINION IN CASE.
The opinion of the Supctior court,
written by Judge Beaver, follows:
1. 'I ue piincipil question imoHod in till-, up
pi il, as 'If.ted b- llio appellant and aiceptcd In
the appllci, is "Doci- the rctoierv of a judg
ment in ejiitinent, without sinieuder, ,111 intn or
i-.-.uiti' of a lulu ii facias, toll the stittilo of
liinit.it ir 1 s and mleriupt .111 aiherse. po-seMion"
Ihe F.uural rule upon (Ills mhioct, ns st ited in
1 jc. ICJU. Is tli.it "The mere rccour.v of .1
judgment will not of Itself slop the running- of
the st itiuc- of limitations; there must be an ai
tiial rhaugr cf ponsessnon by Mitue of suih judg
ment." 1 hi . 111I1 seems lo be founded in leasou
and for il theie is abundant aiithontj-, the doe
tilths ulitiiig tiifMctu being tolhited In the
nous lo the stiieinent of the 111I0 ahoie quolid.
Am Mig llir authorities died as tontia is the one
upon "Aim ?i (lie 1 omt bi low and the appillio hue
idv as d If running the question Hinlakej s.
Md hln, hi Pa. nil.
Whole tl ere is nuh an appin nt lontr.iientn 11
rf the guiial pile nml a setnilng 1 onti idielh u
of lninj of Ihe Pi mis haul) aulhoiitiis, il be
homes os to make a i-areful i imiuituui of the
MV iipni whiili suih 11 conlmllim is based. It
is true ttnl in Mioh-kij is MeCIain, supra, Mi.
.lu-ti'o Hiili.inifl sajs: "If Webslir and his heiis
hid the roiilimiid and jihiw possession of llio
loi dn.i".- nil Ibis time, It would bo sullli lent lo
iriu Hum a title under Ihe statute; but, as we
hue .1I11T1.J sirn. Hiihinl Peteis brought .111 ai
tlmi ol ijdtmuit agmist llcnrj- Wibstei- in IMS
and iii'iu'icd 1 oitlkt. and Judgment Ihiiein In
1! This ruoicry slopped the miming of tie
slalule and, eieu if the Websteis held udiei e
pns.is,.jnn ol (he lot thereafter until the houe
w.i tuin down, in 18.IS, thej- acquired no title,
under the MJtutc of limitation,.." If there wis
nothli.u else in this else, and it stood alone in
l'riii-jlvnij, it would, of cour-o, be conclusive
upon us as to tint question, but it Mas said Willi
rifimiie In nil the facts of the ease, whkli in
clude the isruing of a hah. fi. pos and .1 10
firn bv the sheriff, "I.eiied and nhcriff recoiled
costs in a judgment in ejectment imolilng the
'arne pmnises although agiinst 1 ilifhrciil defend
ant." It i', therefore, to be presumrd that the
sheriff nlil Ms chit) and deliered the possession,
ns reqiiiiei' by Ms writ, to the plalutifl in the
(joctuiint and, if .so, the ease itself, whiteier the
language oi the opinion judge may be. cannot be
relkil upon as niitlioiity for the contention of the
Appellee. With this single exception, thcaulhoii
ties in PinrHjh nii.t seem to be In entire bar
monj with the general nile.
a fAsi: crcm
In Pukriil; s. Searle, 3 S.aml It. 3 id. the
iw of .liuk"Oii n, Il.li iland, 1! .Inlnis. 220, Is
iltul with 11ppr01.1l, in whkli it U held: A hal
ing thl alms Judgment In default in an cjietni"nt
agilust II but did not take possession, and Ii.ii
ins nincirn the term laid in, the deilaratlon to
eplre nmt the possession of the defendant being
rontinued without interruption, so that the whole
time, iniluillng that whkli elapsed after the
juiLmunl amounted to twentj- jiars, II might de
find lihnscll under the statute of limitations
iigains ! suond ejectment, although A't. right of
entrj' was established by tlio judgment, and he
might haic lawfully haic entered without a wilt
1 hit .1 judgment in ejectment does not (hinge
the trillion between the plaintiff and defendant,
so far ai the possesion is comerned, is further
Flinwn by Kanililcr 1. Tjron, 7 S. and It. HO, and
Ilos is-, PlossinK W Pi. 17, in which il was
held lint a plaintiff, in whose faior a veidlet In
ciitiner,l has been rendered, may maintain a
suond c'lclmcnt for the same land, without tak
ing icsM'slon or issuing piocess for that purpose
under Ms first ejritment. If a tneio Judgment In
ilcilmuit gaio him the possen-ion of the land in
r.lspute, he iculd not, of course, maintain a sec
ond c'utmtt.t, for the foundation ol the action
l the nt tu il possession by the defendant.
In Pnucll is, Smith, 2 Watts, I'JH, wldih una
lepleiln fn a ilialtel which bicanu, sucli bj a
seieiame fiuiii tlio fieehohl, it was held that ii'.
pleiin would nut lie, on the ground, a stated by
!iicf aii-llu (Illisoii, tint "The proputy laid In
the (leil.in tlon wus taken by tlio deiindaut,
while lie was ot in actual possiislon, though
after 11 iiioiery of tlio mill of wliU.li it wa i's.
o-I.H; Us 1 purl! ami the only thing like .1 que.
i Ion in the rau'e U iilutlur the naked mour.i,
whli Ii pit-ieded the apoilutlon, dUtiliaulshes tlio
i.iso fmm those iltul; but iiothlng Is tleater than
tint kiicli n icioieiy is not eqiiiialeut lo an en
tlj, cicn to bai tlio stutme of liniitat ioiLs, am),
lhirfi'li. not equiulent In actual hs.c,sioii."
Justice Ml.uk, in dtltu-ilug the opinion, s.ijsi
, , ,
i-cranlou '1 illume. Sujiitou, Pa ," at oiuo
icieliu the piloted niattci and caiiiascr'e out''
A GREAT SURPRISE
In In More for alt who use Kemp's Dtam for the
Throit and I.tings, the creat Buaranteed temedr.
Would jou believe that ll I sold on Its merits and
any druggist Is authar'-til by (he proprietor of
this wonderful remedy 10 give )uil a sample bottle
frcef It ncier falls to uira aculo or ehroiila
cousin. All liiugglsls sell Kcmp'e llalsam. Price,
23c. and 0c.
In IVitilndl A. Waller, 22 P.t.'37S, uhli-li was
nn atllon of licspaw for mesne profits, Mr, Chief
"Dors a Jmlginent In ejectment put an end to (lie
tll'silslnr firtalnlv not, It miy nelllo Hie lllle
n fnot of tlio plnliitllT, Int Ihe nll.'ninpotlant
Im I of 111 ndicnc pn'tculon rtmilns in-t as tt
11.1s In ate,"
not nouND nv it.
It Is slid that these rosea all preiede Ibolaskev
s. Mitlaln nnd that we are, therefore, hound b'y
tlio 1 tiler. Ibis would be true, If there were no
fids in It to illsllnguMi It front (he oases In
which He emphatic language oboie quoted Is
ii'ed, iiinl. If there was nothing following It In
luimony ivllh the railler cases.
In t'rufi ii. Veal.ey, (Id Pn. 210, which na an
mllen of Ireiuss hiought by a plaintiff who had
reioified In ejiilmuil, but who hud not ncturid
lovesdlon thnugli a writ of hah. fa. po., Mi.
Chief Justice 'llioinpson mIiI: "llio plalliltffn In
itrnr noiv rlalm that this action of liespass can
not le maintained, became 110 lubeie fntlas pos
t"sstor.em eiei Issued to glie them legal silsln of
whit tiny iiilmllted tlictiiM-ltr-i dispossessed In
bilnglng theli ejeetinent, and which tl.e ejeit
tient also ailmllti.il Ihe defemlanti to be In pos
sioii of. 'Ihe illtnnny Is iiiKonlradlcted that
.11 lull )ssi.on of Ihls land lias eier In any-
I odi. 1 ikln-r the line of mli-dhMoii Xo. 7 as e'.
rluding ll, wlilth Ihe Jury found, consequently a
Imbue fodas would lino been idle.
'Hull' was lobodi lo turn out and nobodv In
hinder Hie plaintiffs from going In. This bdng
s", Ihe nimtniotlic possesdon Incident to lllle
still (".Isled, there being no nctuil possession to
(lalletme it, o that the plaintiffs' title belig
tivlMlluiftFil In this iepei, dievv the construe
tlio n-K'sfor of the land to It and the light lo
nu wa i.ot allotted by this technical 1I1I111 of
possession, rrnlrailktrd as It was by Ihe fact as
shown In nil the testimony on the "point." The
ens,' oi'Cl.'.ilnell is. Walters, 22 Pa. ?, was cited
nnd Ihe illlkrtnio between the two tasis pointed
out, nnd It was said: "Tl.eie an nctuil pij-wsion
t listed ai.d It was held that an action for mesne
piotila 1 rulil not He. became possession had not
been (hlluKit lo the plaintiffs in ejectment."
Ihii was a distinct niknowlcdginent of the dm-
II his in (hat caw and Is subsequent to liiolaskey
'I here Is aho Ihe laler ease or Itennett n. Mor
il'oii, i.'D P.i. ROO. in whkli Air. .liutlie Pass.in
'lis: "The Judgment was by dcfuill. The ejeit
ment was to enfoice the aiticle of agreement and,
Ihcicirrc, In afllnuanco of it. No subsequent
pioceeillngs weie eipr hail upon this" judgiuent.
N'o liibtre wa-s lasued, nor was possession de
luere.l lo the plaintiff. Such a recoierj is not
equivalent to an rntrv, eien lo Tnr the tlilulp
ol Kmllillcr.!, and. Iheiefore, not cqiilialent to
i.i mil poite-oion. Powell is. Smitli, 2 W. 126;
Worki.iiii is. fiuthlic, 2!) Pa. 4!1." 'Ihls is a dis
tlnct iKknowiedgment of the general doctrine, as
heroin 1 ild dewn. and if il were not for the cs
lontfjll.' didcient facts In Hrola'1cey is. McC'lain,
would bo in direct conflict with it. In slew of
the Rpuc1.1l cirrent of nnllinrily, which seems to
Hi lo be tensonant to reason, we, therefore, sus
tain the suond and third assignments of error
ami ilsn the first, so far as the offer was receiicd
fur the purpciec of 11 butting the defendant's
daiiu cf title bj- uninterrupted and adierse pos
session. Wo think the offer wan good, so far as
it was to be us-ed "is pcrsuablie evidence in faior
uf the plaintiff's title."
was poit Tin: jfitv.
2. Whether 01 not the Icaw offered by the plain
tiff witn llio grantor of the defendant, was Fiif
lliluill.r '.i.cutifli-d was, tmiicr all the circum
stance, f r r Ihe jur.i. The siibooriblng witness
c'jiiliadicts himself to some client in his cross
I'Minirntion, but we think that his testimony suf
fieionll.v Hiiutihed the person who .signed the
base anil the propirtj- coiered by it, and that
Hi: court inulil not sjv, as a matter of law, tint
the cxeiulu'ii of the lease wits not proied.
.1. 'the lease was not part of the plaintiff's tille.
It was rl'uic1 for the purpose of rebutting Ihe
iini whkli the defendant se- up in- irtue of
the .nlieise posse-sum of her gi-intor. it does
not s,cni to 111 Hut ll was Hie duty of the plain
tiff to autiiipito the defendant's defense. She
iivilil not ddcimnie in adi.mic whether it would
In uicisari ti' u-e the le.i'e or not, and was.
thru fine, Hoi bound to set it nut in her original
.1lM1.nl of title. The fouitli, fifth and sKlh
asslL-mtieiils ot euor are oierniled. Judgment re
icrsed and new lenire awarded.
Attorneys S. B. Pi Ice and Thomas P.
Duffy represented the appeal.
FINE ROSE BUSHES
On Friday and Saturday, we will make
our annual distribution of ROSE
BUSHES. Hardy two-year field
grown strong-rooted Rose Bushes,
sure to bloom the first year.
' Welrich Brumer, Paeonia,
5 Perle des Blanches, Hagna Charta,
5 Louis Nan Houtte, H. Gabriel Luizet,
' Marie Bauman, Hadam Planteer,
ja Caroline Testant, Victor Verdier.
I CRIMSON RAMBLER.
$ Large Three-year Old Bushes.
One given with a
One Rose Bush given
Two " Bushes "
No customer will receive more than
six Rose Bushes. Please do. not ask
for anything different for we will not
Mears & Hagen
415-417 Lackawanna Ave,
FIVE OF THEM, ARE STRICKEN
OFF BY COURT,
City Failed to File Them Within the
Presciibed Sixty Days, and as a
Result the Properties Are Released
from Liability Attempt to Defend
on the Ground That the Final As
sessment Was Not Actually Made
Until Three Days After the Wi it
Five municipal liens for the AVest
Luckiiwanna avenue paving, done In
IS!", were yesterday struck off by court
because of technical error. Tlio prop
erties against whom' the Hens were dir
rected are John Donahue, Patrick
Hugan, J. A. Cuespsp, John tlaffney nnd
Mrs, A, Connell. This means the city
will have to pay the bills Itself or col
lect the money from thj property hold
em, personally, the property no longer
The lleiiH were defective for the ren
son that they were not filed within six
months of the time of making the tlnul
assessment. The date marked on the
llnal assessment was Dec. 4, 18D7. The
Hens were filed June 7, 1898, or three
days more than six months after the
date unit keel oil the llnal assessment.
The city's defense was that while the
assessment bore date of Dec. 4, It was
Dec. 7, when the assessment was ac
tually made, the dute of Dec. 4 being
the date on which It was begun. Court
held that the date written on the as
sessment was the one that must con
trol and summailly struck off the Hens.
Attorney Thomas P. Duffy appealed
for the property holders and Assistant
City Solicitor D. J. Davis for the city.
Other cases were dealt with as fol
lows: ltule Absolute .r. S. Miller against the Inter
stite Casualty company: rule to proceed with at
t.ulimci't c edition, blowers Pork Packing and
lioiisloii icmpiny agaln-t Mrs. M. Snartzi ex
ceptions In aflidnlt of defense and rule for judg
ment. Thomas 1'. McDonnell against Michael
Minle.v: rule to strike oil nonsuit. William
Whentcioft against Isabella tv.cll; nile lo (it like
Argued ,1. O. Aekennun, trustee, against Jos
eph Josephs; rule to open judgment. M. Toohlll.
ct ah, agiinst the city oi Seranton; nile lo
still.e oft appeals. Union Cash Stores ngalnrt
C'coigc I.uumborgcr; nile for new trial. A. D.
Dean, tuislee, against I), M. Wlnton, admlimtia
tor; ink- foi new trial. John Ccli.i against the
Dcliiiiirc, T.ackawanni and Western Railroad
cempanj-; rule to file amended statement. Charles
Mine against the Seranton Hallway company: de
niuirei. James Campbell aga-nst the Scinnttn
Hiilway cenpanjj demurrer. Iluckejc Buggy
company against W. Delict; exceptions.
on-Pios City of Seranton .igaiiist James
lilac 1. . certiorari. City of i-tranlon against Hugh
link- D.'se bargedPhoebe Kicsner against A. P.
nohci.!,, ruh- to strike off non-suit. ,
Submittal C. W. Iloberts against Prances II.
Robblii', Margaret Webster agiinst Thomas Web
ster, Kate K. 1-cwis against William V. I.ewl,
Minnie Tiumpore against W. K. Tnnnpoie,
Phoibc M Kds3ids agiinst (leorge IMwards, Ida
iejnim against Hand llcynon; rules for deuces
111 di. ficc.
Wiilhm VcAnihew ....
Philip I'. Me Mantis ....
ssi 1 ant nn
..Port st t'uy
Si rant mi
oo ' "
with a 1.00 purchase.
m - im
-J U .ii
Such an Array of Vases
Tall ones.Short ones, Large Ones, Small ones.
Cut Glass, Rock Crystal, Colonial, and
Pressed Twist Optic.
If you want a VASE for lOcts. to $50.00,
they are here.
We have beautiful Crystal Optic V&ses, 13
inches high, price, 45 cents, and pretty
enough for any home.
CUvxvVaW. i34 Wyoming Ave.
GGO. V, INIIL.UAR 8t CO.
Upholstering and Cushion Work
Is done by us cheaper and better than anywhere else
in town. Ue re finish furniture also. Our cabinet maker
will call on Nuest to give estimates.
Seranton Bedding Go.,
F. A- KAISER,
Lackawanna and Adams Avenues.
1 1 Mi Will
I ui it in Ms
r5 King Cotton has no notion of relinquishing his sway, and
never has a brighter gem adorned an imperial crown than the
thought which placed these charming productions within the con-
tff fines of King Cotton's realm.
" Every imaginable trick of the looms displayed here. They
JJ are "attention catchers." No woman passes them without stop-
j ping and stroking them lovingly.
Take a second look at the fine
white and colored figures.
!sj And a host of other new friends, as well as all the old friends.
"5 In fact, a very full assortment of all the varieties of fashionable
S Wash Goods, in the best of styles.
I With the White Goods
A This is a most important stock and its offerings equal any
j of the more showy stocks. The goods are of the very best and
the quantity gives you something to choose from; the best in the
' market at the prices. All kinds of lace stripes. and other stripes;
ge a list without limit, including fine White Piques. Notice the
yard-wide "P K's" at 25c a yard. Of course, we have White
,5 Goods from 12 l-2c the yard up, as choice a lot as ever gladdened
i any thrifty woman's heart.
1 The heavier the harvest, the richer the gleaning, and here
mt are the gleanings of all the cotton markets. Indeed, these are
J"fc "a sight for sore eyes." The prices also will be a surpr' ,; to you.
McConnell & Co.
400-402 Lackawanna Ave. i
lii tywai IS!
us PsrsrffJia Eh
hina and Japanese Matting s
You will soon have all the carpets up and out
on the line, or off to the carpet cleaners. You will
probably find some of them a little faded, or worn
rather more than you had expected. All the bad
?pots will be more noticeable in the summer sun
light, so do not think of re-laying them, but come
to the NEW STORE and select from our exclusive
line of lovely patterns in fresh new matting of reli
able quality and bright, cheering colors.
No matter what you may buy in the way of Furniture, quality
should have your careful consideration, Ve protect you In this
matter by selling none but reliable values, that are personally guar
anteed by us for durability.
We would call your special attention to a new shipment of
Weathered Oak Library and Den Furniture which has just been
received direct from Grand Rapids' manufacturers.
Wall Paper, Carpets
Curtains and Draperies
Williams & McAnulty
129 Wyoming Avenue.
Walk In and look around.
from 7c to 69c a Yard fc
Lawns in charming black and &
Seven Cents the Yard jt