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THE SCRANTON TRIBUTE-TUESDAY, AUGUST 12, 1902.
4tt A
roiWBras?
S4, '
It
Photographic
Finishing
f
for Amateurs.
Hornbaker's
211 Washington Ave.
ooooxxxxoxxxxo
"They Draw Well."
Morris' Magnet Cigars
Th best valuo for 5 cents.
Try ono and you will smoko no
otlicr.
All tlio lornllng brands of &c.
cigars at $1.73 per box, or fi for 23c.
Tlio largest variety of Pipes and
Tobaccos In town.
0 F H MHRRIQ
0
. -. ..--... 'i
0
9
The Cigar Man
325 Washington Avenue.
X0CK0XP0
In and About
The City
MMM
Harry B. Stanton Injured.
Hurry B. Stanton, of Plattt place, fell
through a temporary sidewalk on Svyo
mlng avenue Sunday and seriously Injured
one of his legs.
Report on Hose Inspection.
Superintendent II. V. Ferbcr's report on
the city hose inspection of last Friday
was yesterday made to Director of Pub
lic Safety F. L. Wormser.
Committee Meets Tonight.
The special committee of councils which
conferred lust week with General Mana
ger Sllliman regarding the Bcllcvuo lino
transfers, will meet tonight.
Not the Same O'Donnell.
It was not Peter O'Donnell, the glass
ware man, who had the trouble at tlio
Lackawanna station and was fined in
police court Sunday morning.
Insulted Passers-By.
Patrolman Flax arrested la. B. Nolan
Sunday night for Insulting people who
passed him on Mulberry street. Nolan
(was fined $3 yesterday morning by Mag
istrate Howo for drunkenness.
Referee's Order.
Referee In Bankruptcy C. A. Van Wor
mer yesterday made an order for the sale
of the real and personal property of the
Scranton Lumber company. Tlio per
sonal property will be sold August 14.
Assault Was Alleged.
William Stein was arraigned before Al
derman Ka.sson yesterday charged with
assault by his wlfo, Carollno Stein. Tho
latter also alleged non-support and cruel
treatment. Tho casovas dismissed.
Information Wanted.
Information Is desired by the postofflco
authorities of tho whereabouts of Mis.
Annu Carr, tho daughter of James John
bon, who lived at Forestburg in 1872,
'Johnson was formerly a private In tlio
Fifty-sixth New York volunteers.
Adjudged a Bankrupt.
John Shoemaker, of Mt. Cannel, was
yesterday adjudged a bankrupt by Judge
71, W. Archbald of the district federal
court. Tho case was referred to Heferco
Jn Bankruptcy M, H. Taggurt. Shoe
maker places his liabilities at $3,710.92 and
his assets at JS49.75.
Mining Congress at Butte.
Secretary Seumuus, of tho board of
trndc, hits received an Invitation to the
International Mining congress, which will
meet at Butte, Mont., tho flrht live days
of September. By tho terms of the invi
tation, tho local boaul is entitled to five
delegates. The congress Is hold for tho
purposo of seeming bettor nutlunal min
ing legislation.
Incorrigible Boy.
In default of .00 ball, IL'-year-old Ed
ward Crambo, of Mooslo, was yesterday
commmlttcd to tho county Jail by Alder
man M. J, Buddy, on tho ehargo of the
larceny of a horn and bunch of koys.
The charge was preferred by tho boy's
father. Tho latter says tho lad Is incor
liglblc. Kfforts will bo made to place
him in a houso of reformation.
The Final Hearing.
The final homing in tlio Injunction case
of tho Scranton Gas and Water company
against tho city of Scranton took placo
yesterday. Tlio witnesses examined were
Arja Powell, Joseph AVidmor and City
Engineer Joseph Phillips. The closing ar
gument for tho city was made by City
Solicitor Watson and Attorneys E. N.
(Wlllaid and I, II. Burns for tho company.
Accused of Arson.
Superintendent of Pollco Day arrested
A Telegram.
Buffalo, N. V., March 19, 1002.
Prof. II, D, Buck: Can you furnish mo ut ouco with u flrbt-class
Smith-Premier stenographer and typewriter'
AltJA WILLIAMS.
Note Messrs, Ira B. Wude, Clarence and Leo Sommar, and L p,
Bunnell, stenographers, uud George Hvuns, bookkeeper, arc with
the Uickawunuu Steel Co. Thuio are business colleges In Buffalo,
but Mr. Williams knows whero to get the kind if help he needs.
Day and evening sessions reopen Tuesday, September 2nd.
Frank Vlnasltl, of 146 Sherman avenue,
Sunday night, on suspicion, While Intox
icated VlnnBkl had boasted that he was
tho man who set lira to tho Brlggs wash
cry. Ho was niralgned before Alderman
Davis yesterday, but discharged on ac
count of lack of evidence Tho only testi
mony wns that of William ntnnock, with
whom Vlunskl boards, who testified that
ho had heard htm mumbling something
about tho lire.
Pavement Caved In.
Director of Public AVorks John 10.
Hnche was yesterday nfternoon notlllcd of
a cuvc-ln nt Jefferson nvenilo and Linden
street. Superintendent of the Bureau of
Knglneerlng Joseph Phillips was Imme
diately dispatched to the scene, and found
a holo In the asphalt about two'feet lout;
nnd ono wide. The bed under tho pave had
bmid washed away, and a pool of water
filled with debris was Inside, The heat
from steam pipes nt this point Is supposed
to have weakened the pave,
Dovey Cannot Be Present.
Colonel K, II. nipple vesterddy received
a letter from Admiral George Dewey. In
which the latter expressed his regiet that
he could not bo picsent at the nnnual re
union of the Seven County Wnr Veterans'
association, which will be held In this
city Wednesday, August 20. An invitation
was sent Admttnl and Mrs. Dewey Sat
urday. The committee which sent the In
vitation consisted of Colonel lllpplo, Cap
tain K. W. Pcaice, Hon. Henry Harding,
Captain W, A. Mlntzef and Thomas Bar
rowman. A Letter from Japan.
Scranton's fnme Is spreading beyond
tho shores of this co' ntry. -Secretary
Seamnns, of tho board of trade, received
a communication yesterday from a Jap
anese merchant, who Is desirous of hand
ling exported goods from this city. C.
Pfundcs, of Kuholilogo, was the name of
the tradesman, and In a letter abounding
with courtly. Oriental compliments to
Seranton and Its board of commerce, he
expressed his desire to put on the Jap
anese market any commodities which
Scranton business men might desire to
Introduce in the east.
Sheffield's Side of the Case.
Constable James Sheffield, who was
made one of the defendants In a trespass
case brought by Mr. and Mrs. Cornelius
Caddcn, makes an emphatic denial of the
facts set forth In their declaration. Ho
said no loud or boisterous language was
used, nor was any of tho furniture re
moved. He merely mndo n levy as the
writ In his possession directed him to do.
Two days later, when the Caddens se
cured a writ of replevin, which ended his
connection with the matter, ho went to
the Caddens' house to surrender the key
he found Mis. Caddcn washing clothes.
From this he gathers that she was not
greatly shocked.
WERE GIVEN AN OVATION.
Benefit for Mr. and Mrs. Dixie at
Elmira.
Manager Henry F. Dixie was in town
Saturday, making' final arrangements
for tho opening of his new play house.
the Dixie theater. Last Thursday
night, Mr. and Mrs. Dixie were ten
tcred a benefit at Elmira, of which the
Guzctte of that city says:
"Last night was Rorick's gala night.
All previous records both for crowds
and entertainment were smashed com
pletely and it must( have been very
pleasing to Mr. and Mrs. Dixie tosce
tho esteem which the Elmira people
have for them manifested in such an
evident manner. It was an ovation
from start to finish and the perform
ers were on their mettle and could not
havo presented a more perfect and
pleasing performance.
"As tho curtain arose on the second
act ex-Judge S. S. .Taylor stood in the
center of the stage surrounded by the
members of the company. In a few re
marks he congratulated the company
on Its success, wished the members
success and assured them of the friends
they had made In Elmira. He then, on
behalf of the audience, presented to
Mr. and Mrs. Dixie, a bag of money,
the box ofilce receipts.
"Mr. Dixie responded in a mirthful
vein, but showed much pleasure at the
ovation and assured the audience of
the appreciation he and Mrs. Dixie had
of the occasion. 'I know,' ho said, 'that
It represents a city full of friends.' "
WICKIZER'S BILL APPROVED.
He Will Be Paid for His Work on
City Streets.
After being refused payment by the
city controller, approved' by the audit
ing committee, and ugnln vetoed by
the controller, the bill of W. H. AViek
izer for $300 has at last been allowed
by all the proper authorities, and Mr,
AVIcklzer received his money yester
day. The $300 was charged for repairs on
Grant avenue and Jackson street, and
while the validity of the claim was
never doubted, the city controller re
fused to sign a warrant for the amount,
because of alleged irregularities In the
contracting for the work. An opinion
received from City Solicitor George M,
Watson, tho latter part of last week,
and an affidavit made by Wicklzer that
the work had been done by the day,
removed Controller Costello's scruples,
and ergo the payment of the claim.
Jr. O. U. A. M. Excursion.
The fifth annual excursion of Dun
more council, No. 1022, Jr. O. U, A, M
will bo run to Lake Ariel, on Satur
day, August 16. The management of
the day's outing will be in the hands
of an experienced committee, nnd a
quiet, orderly excursion, brim full of
pleasure for both young and old, is
promised. A speclnl Invitation Is ex
tended to all members of the Jr. O, U,
A, M. and D, of A. to join in the pleas
ures and festivities of the day. The
exceedingly low rate of fare, which will
be announced later in tho week, makes
it possible for many to attend who
could not otherwise do so.
Henry the Fourth Cigars,
Clear Havana; ten sizes, O'Hara's
Cigar store,
N5cranton
Business College
BUCK & WHITHORE, Proprietors
Students' in great demand. Watch
this space, A different letter every day.
DIVORCED AND
REMARRIED
MBS. PAYNE ASKS FOR A SEC
OND DIVORCE.
The Parties Live in West Scranton
and Are Well Along in Years Mrs.
Carrie Wellner Granted a Divorce
from the Husband Who Never
Lived with Her Mrs, Minnie
Brauer nnd Wlllard O. Lathrop Are
Applicants for Divorces Other
Court Matters Marriage Licenses.
Mrs. tSusnn A. Payne, a woman well
advanced In years, who lives In West
Scranton, yesterday applied to the
court for a limited divorce from her
husband, Alfred Payne. Cruel nnd
barbarous treatment Is alleged. Hhe
Is represented by Attorney John F.
Scrngg.
The Paynes have a number of grown
up children, but some few years ago
Mrs. Payne said her life with her hus
band was Intolerable and she secured
nn absolute divorce from him. Later
they patched up their differences, and
on May 31, 1901, they were re-marrled.
In her libel filed yesterdny, Mrs.
Payne says that nn account of the
cruel and barbarous treatment she re
ceived. from her husbnnd she was com
pelled to leave him on June It.
Elizabeth E. Cramer, of Blnghamton,
petitioned court to vacate the decree
In divorce secured here, July 16, 1D02,
by her husband, A. W. Crnme'r. She
alleges It was secured to defraud lier
out of her Interest In a property In
Jefferson township. She says she knew
nothing of the proceedings until the
granting of the divorce was announced
in the newspapers. Her husband, she
avers, falsely swore he did not know
where she was living, when all the
time he was well aware that she lived
in Blnghamton.
Granted a Divorce,
A divorce was granted yesterday to
Mrs. Carrie Wellner, from Edward J.
Wellner, to whom she was married
July 9, 1900. They never lived togeth
er. Mrs. Wellner resides with her
father at 732 Pittston avenue. Well
ner Is a painter and resides at Peters
burg. On July 9, 1900, he was arraigned
before Alderman Lentes on the com
plaint of the young woman he made
his wife. He was given the alterna
tive of marrying her or going to jail,
and agreed to marry.
The alderman performed the cere
mony, and after they left the alder
man's office Mrs. Wellner says her hus
band abused her and said he would
kill her only he was afraid he would
have to do time for It. He subsequent
ly made similar threats a number of
times, but never contributed a cent to
her support. Their child died a short
time after birth.
Two Divorces Asked. '
Mrs. Minnie Brunei- filed her peti
tion yesterday, asking for a divorce
fiom Rudolph Bruner, to whom she
was wedded on April 9, 1894.
They lived together In this city un
til April 20 of this year, when Mis.
Bruner says she learned that her hus
band had been guilty of unlawful rela
tions with Margaret Case and other
women, to her unknown. She also al
leges cruel treatment on the part of
her husband. Mrs. Bruner Is repre
sented by Attorney John F. Scragg.
Wlllard O. Lathrop seeks a divorce
from Ethel Lathrop, to whom he was
married on Jan. 26, 1895, in Chicago.
Lathrop is a native of Scranton, but
was living in Chicago at the time of
his marriage. In the libel, filed for
him yesterday by Attorney C. S. Olver,
Lathrop charges his wife with deser
tion and unfaithfulness.
Alimony Allowed.
Court yesterday made an order di
recting William Eldrldge to pay his
wife $50 counsel fees and $10 a month
alimony, beginning Aug. 13, on which
date $80 Is to be paid.
In the divorce case of Henry Scheuer
against Pauline Scheuer court ordered
the defendant to pay $25 as counsel
fees for his wife's lawyers. A jury
trial has been allowed In this case.
A bill of particulars was filed in the
divorce case of E. W. Robblns against
Frances Hattle Robblns.
Poor Board Cases.
The poor board cases, in which John
J, Murphy and James A. Evans are
seeking to show that the office of poor
director Is elective, Instead of appoint
ive, and that It has been filled by elec
tion, was to have been argued yester
day, but on account of the stress of
other work, the judges 'put It over to
the October term of argument court,
It is expected It will then be disposed
of finally.
Seven Admitted to Practice.
Seven attorneys were yesterday ad
mitted to practice In the common pleaB
nnd equity courts. Among them was
Miss Clara Peck, the first woman law
yer In Lackawanna county, who, on
Monday lust, was .admitted to pructlce
in the orphans' court. W. A. Wilcox
moved her admission.
Others were admitted as follows: C.
H, Welles, Jr., on motion of James II,
Torrey; Walter L. Sehanz, on motion
of ex-Judge E, N, Wlllard; Ralph W.
Uymer, on motion of Roswell H. Pat
terson; Hugh B. Andrews and George
C. Scheuer, on motion of R, A. Zim
merman; Jesse E. Slckler, of the Wy
oming county bar, on motion of H. D,
Carey.
Yesterday's Marriage Licenses,
Edwin A. Stephens ,.,., Nicholson
Mary L. Rohr , .Scranton
Leopold Wrzneclsh Scranton
Kato Frudnowswa , Seranton
Thomas May Scranton
Mngglo Loftus ,, ..Scranton
Arthur Patten Oisen, Wayne County
Mao Phillips ,,, .Greenwood
COURT HOUSE NEWS NOTES,
j
Stanley M, Newton was appointed a
committee of tho eatnto of John J, Peck,
Court allowed M. S, McDonald to adopt
Alta R. Green, child of Chailes C, Green.
Joseph Jeffreys was pppotntcd master
In the partition suit of J, H, Canterbury,
ot al. again Katlo Walsh, otVnl.
In the case of Margaret M. Williams
against William Chappell court permit
ted a new declaration to bo filed.
It wus ordered that the Compton dlvoice
case bo placed on the next argument (1st
for argument before tho court In bono.
Judgo Edwards granted a charter to the
Odd Fellows' Hull association, of Jer
myn, and the Primitive Methodist church
of Sibley,
In the caso of Michael Corby against
Domlnlck Gllmurtln, comt granted a
rule on tho plaintiff to show cause why
judgment should not be stricken off,
G. D. Van Gorder was appointed judge
Pain over
the Eyes
Headache and Catarrh
Itcllcvcd In It) minute.
That dull, wretched pnln In the head
Juot over tho eye Is ono of tho surest
signs that tho seeds of catarrh have been
sown, nnd It's your warning to administer
the quickest nnd surest treatment to pro
vent tho Renting of this dreaded mnlady.
Dr. Agnow's Catarrhal Powder wilt Btop
all pain In ten minutes, nnd cure.
Dr. Aenew's Ointment soothes all skin diseases.
35 Cents. 9
Sold by Wm, Q. Clark and II, C. Sanderson,
ot election of the First district, Second
ward of Carbondnle, to sucoced Harry
Hall, who has moved from the district.
The tlmo for llllmc nn answer In tho
mandamus case of the boroush of Dun
more against Myron S. Knight, wan con
tinued until September 15, on nppllcaton
of tho defendant's ultornoy, C, Balentlne,
August 14, at 9 a', m. wns set bv Judgo
Kdwnrds as the tlmo for hcurlns ex
ceptions to tho ruling In tho case of A
L. Spencer again F. II. Emery and T. It.
Hughes.
The bond of II. G. Smith, collector ot
taxes of Benton township, was yesterday
approved by Judge Nowcomb. It Is In
tho Bum of $S,500 and has L. M. Frank
lin nnd James Delovan for sureties.
Earl C. Carpenter petitioned court for
tho appointment of a commissioner to
Inquire Into the sanity ot his father, Jo
seph Carpenter, of North Ablngton, Fred
15. Scott wns appointed commissioner.
Attorneys R. J. Bourke, John J. Murphy
nnd J. W. Carpenter have decided to take'
an appeal for the plaintiff In the enso of
the borough of Archbald against tho Elk
Hill Coal and Iron company, the Ray
mond woshery'case.
J. M. Harris, C. R. Bedford, Joseph
H. Gunstcr, John M. Kdwnrds, C. A. Bat
tenberg, F. E. Boyle and T. J. Price were
nppolntcd viewers hi the case of Bridget
Gouldcn against tho Scranton and North
eastern Railroad rompany.
B. J. Murphy, Michael E. Gllmnrtln, Jo
seph Wilde, S. S. Jones and John B.
Shnnnon were appointed viewers to as
sess the dnmnges occasioned by tho Bel
mont Water company taking lands In
Fell township, belonging to' tho Altken
estate.
Louis Gramer, master nnd examiner,
nppolntcd to adjust the Indebtedness be
tween tho borough of Vandllng nnd the
township of Fell, out of which Vandllng
wns recently carved, reported that tho
total Indebtedness was ICKU.G'.!, and that
Fell township Is chargeable with $1,323.24
of It. The report was conditionally con
firmed by court.
INCREASE OF PAY IS
GRANTED BY BOARD
Teachers Voted a Raise of $5 Per
Month Number of New
Teachers Appointed,
A lively debate occurred at last
night's meeting of the school board,
when the acceptance of tho new No.
.19 school came up for discussion. Archi
tect 12. H.. Davis' suggestion that tho
board take an Indemnifying bond from
the contractors, the Dunmore Lumber
company, on account of the condition
of the brick walls, was productive of
much comment. The board decided to
accept the building and the offer of P.
Mulhcrln, president of the company, to
give a bond. The board fixed the
amount at $500, for two yours.
The report of the teachers' commit
tee, granting a general increase in the
teachers' salaries of $5 a month was
heard nnd accepted. .
Mr. Barker read the report of the
teachers' committee, which was pre
faced by a letter from Mrs. G. F. Huck
ard, formerly Miss Ella Dougherty, re
signing her position at No. 30 school.
His report embodied a recommenda
tion of the $5 increase, and provided
that henceforth teachers may receive
the maximum pay allowed by the
school district at the beginning of their
ninth year's service, instead of the
twelfth year, as was the former rule.
The report recommended that tho ques
tion ot additional attendance officers be
referred to the teachers' committee.
Recommended appointments of teach
ers and transfers to other buildings
were made as follows: Miss Maude
AVhelan, to No. 2 school; J, J, Johler
and Miss Teresa C, Gaughan, to No. 3;
Miss Murgaret Ruddy, of No. 9 school,
to be transferred to No. 20 school; Miss
Elizabeth Padden, to be transferred
from No, 20 to No. 9 school; Miss Carrie
Roos and Miss Helen Wilcox, appointed
to No, 33 school, when the two-room
addition Is completed; Miss A. May
Benedict to be transferred from No. 25
to be principal of the new No. 31
school; Miss Ida Christmas, appointed
to the place made vacant In No. 25
school by Miss Benedict's promotion;
Miss Harriet Evans and Miss Esther
Mackey, appointed to other vacancies
in No. 25; Miss Nellie Keegan, ap
pointed to No. 21 school; Miss Stella
Murray, appointed to tho new No. 20
school, it the attendance warrants an
additional teacher. The report was
adopted.
Chairman Roche, of the building com
mittee, In making his report, asked
that as many members as possible
would bo present Thursday, and visit
a building site at Luzerne and Eigh
teenth streets.
Chairman Schrlefer, ot the supply,
committee, mude the following report
on the awarding of supply contracts
for the following school yeur; 80,000
pads, to Megargee Bros,; commercial
note paper, foolscap, letter heads and
envelopes, to the Technical Supply
company; erasers, clastic bands, point
ers, pencils, waste baskets, Ink, pens
and pen-holders, to Reynolds Bros,;
Qutncy tablets, manlla paper, w'hlte
dry paper, composition books, crayon,
rulers nnd Tracy's records, to Geary
Bros., of Wllkes-Barre. The board
adopted the report.
The Insurance committee recommend
ed tho placing of the following insur
ance; No, G school, $5,000 with C. O.
Boland & Co,, $2,000 with H. E. Paine
& Son, nnd $3,000 with O. F. O'Mallex;
No, 15 school, $5,000 with John Fltzslm
mons, $2,500 with Peter Robllng, $3,000
with John Lentes; No,- 28 school, $1,500
with W. B. Christmas; No, 28 school,
$2,000 with C, II, Schudt & Bro $2,500
with K. H, Franklin, $2,500 with P, P,
Smith; No, 33 school, $5,000 with Arja
Powell, $5,000 with M, J, O'Malley; No.
23 school, $2,500 with W. B, Christmas,
Strike Called Off.
Tho following committee Messrs,
Fowler, Atherton, Fiaiarn and Rlns
land have decided to end the present,
trouble between the miners and opera
tors at Lake Ariel, Thursday, August
14 AVoodmen's Day committee chosen
by Mitchell and Murk Hauua. Miners
and operators Invited. Train leaves at
8.30 a. in. and 1.30 p. m,
Dr. Llndabury, Surgeon, diseases of
women a speclulty, 215 Connell bujldlng.
Hours; 11 a. m. to 4 p. m,; 7 to 8.30
p. m,
DECISION FOR
DEPENDANTS
JUDGE EDWARDS REVIEWS THE
CONDENSERY CASE.
-i
Holds That the $42,000 Owed by tho
Clark's Summit Condensery Com
pany to the Sayre lumber Company
for the Erection and Equipping of
the Condensery Is a Collective Debt
and Not a Joint Liability Judg
ment in Favor of Defendant with
Costs.
The Clark's Summit Creamery case
was probably the most generally In
teresting suit passed upon yesterday
by the Judges at the midsummer ses
sion. The Snyre Lumber company built
and equipped a creamery for the
Clnrk's Summit Condensery company,
which hnd 189 subscribers to Its stock.
The contract for the establishment of
the creamery plant was signed by all
the subscribers. The plant burned
down and the Snyre Lumber company
began proceedings to collect the cost
of Its construction, $42,000, from such
of tho subscribers as were responsible,
naming them nil, nnd hoping to find
some one among tho many who were
good for $42,000. The responsible sub
scribers got together and opposed tho
proceedings, alleging that It was a col
lective debt and not a joint liability.
Judge Edwards decides In favor of the
defendants, without Indicating what
tho plaintiff will have to do to collect
Its money from the 1S9- defendants col
lectively. The opinion which tells the
details of the contract and the conten
tions of the two parties follows:
CAUSE OF ACTION.
The suit ,ln this case Is brought Jointly
against 1SG defendants to recover the sum
of $22,416.77, bnl&nce due on a contract for
the erection of a milk condensery plant.
Numerous demuirers hnve been filed to
the plaintiff's declaration, all alleging tho
same ground, viz.. thnt the plaintiff's
cause of action Is several and not joint.
This Is the sole question raised by the
pleadings.
As the determination of thli question
depends upon the construction of tho con
tract between the parties, we shall here
quote tho essential parts of the contract:
"It is hereby ugreed, between the Sayre
Lumber company, of Sayre, 'Pu., party
of the first purt, and the other sub
scribers hereto, as party of the second
purt, that the first party Is to build,
equip and complete In good running or
der for said second party, within four
innntlm from thn dntfi lipronf. n milk inn-
densery plant, according to plans and'
specifications hereto attached, at Clark s
Summit, state of Pennsylvania, county of
Lackawanna, on land provided by said
second party for tlio agreed price of forty-two
thousand dollars ($42,000), which Is
to be paid as follows:
"Seven thousand dollars ($7,000) when
the building Is completed; ton thousand
dollars ($10,000) when boilers and engines
are set and pumps nnd can-making ma
chinery are delivered in building; ten
thousand dollars ($10,000) when the cop
per works and all machinery is delivered
in building; ten thousand dollars ($10,000)
when nil machinery is sot and arranged
In position ready to start; the balance,
five thousand dollars ($3,000), sixty dajs
from tho starting of said plant. This
sixty days' time is given on tho final
payment, as a guarantee that the fac
tory Is complete and to demonstrate that
the first party has fully discharged his
part of this contract and the machinery
Is all new and first-class; und of tho
character, quality and capability for
which It Is Intended and recommended.
And If said trial thould discover or de
velop any flaws, defect or mistake in the
construction or equipment of said plant,
said first party shall havo the right to-
correct such errors or mistakes within a
reasonable tlmo after the discovery of the
same.
ANOTHER COMPANY.
"For the purpose of forming a corpora
tion to own and operate said factory and
fully carry out the intention of the sub
scribers, it Is hereby agreed that when
this contract Is closed, second parties are
to incorporate under the laws of the
state, limited corporation stock, non-assessable,
fixing the aggregate amount of
capital at not less than the amount sub
scribed, divided Into shares of ono hun
dred dollars each, or according to the
laws of the state, which are to be Issued
to subscribers In proportion to their paid
up interests In said factory; and It is un
derstood and agreed that tho by-laws
shall provido that one-halt a cent a can
toll shall be set aside as a fund and de
clared and paid to shareholders as divi
dend on stock, and shall be paid for no
other purpose.
"And It Is further agreed by and be
tween all tho subscribers for stock that
tho producers of milk ore to receive all
Its product brings, less the actual cost of
canning, packing, marketing, etc., after
one-half a cent a can has been declared
as a dividend.
"In consideration of the nbove, all
agree that all their milk shall be fur
nished to said condensery.
"For a full and faithful performance of
our respeetlvo parts of this contract, wo
bind ourselves and our successors,
"Executed and dated this 13th day of
March, 1900.
"Sayre Lumber Co., pr, W. J. Davis."
Then follows a tabulation under several
headings, thus: Number of cows, name
of subscribers, number of $100 shares,
amount of stock after Incorporation.
Of the 188 subscribers, the largo ma
jority h,ave opposlto their names a cer
tain number of cows and tho amount of
their stock subscription, but several havo
only the number of cows whoso milk they
presumably agree to furnish to the con
densery. These persons do not subscribe
for any stock.
It has been welt stated thnt In the
construction of contracts, tho court will
look at nil tho circumstances of the case,
the nature of the property, the occupa
tion nnd relation of the parties, the
usages of tho place and of the business
to which the contract relates, and ascer
tain, by reasonable Inference, what the
parties must havo understood and mu
tually expected at the tlmo of the mnk
Ing of the contruct, and then adopt that
construction which will best and most
nearly carry the contruct Into effect as
they Intended and understood It (Dwelley
vs. Dwelley, 143 Mas. 509),
CONSIDERED AS A WHOLE.
The contract must bo considered as a
whole, and tf, upon such consideration,
the Intention of the parties becomes ap
parent, It must prevail over the literal
Interpretation ot detached word, phrases
and clauses. In the light of theso and
other well uuderstod rules governing tho
construction of contracts, whut Is tho nn
turo ot tho agreement In the cuse at bar?
Is It joint, or Is It Beveral? Or, Is It a
contract binding only upon the corpora
tion to be formed by the subscribers to
the contract and stock? The first clause
of the contract, ttaudlng alone, with the
bare signatures of the Suyro Lumber
company and tho defendants, would un
doubtedly make the undertaking a joint
one. According to the clause mentioned,
tno ugreement is, neiween tlio "Hoyro
Lumber company, party of tho first part,
and tho other subscribers hereto as party
of the second part."
"The first partv Is to build for
said second party a milk conden
sery plunt on land provided by
said second party, for the agreed price of
$12,000." But tho contruct must be taken
us a whole, and the last main clause of
It stated that 'for tho purposo t form
ing a corporation to own nnd operate vuld
factory und fuMy carry out the intention
Would You Give
A Small Percentage for
the Use of $25.00
It is a penny wiso and pound foolish Idea to hesitate" to borrow
money when you can get it on BUch favorable terms as we now offer.
MONEY
TO
LOAN
OV HOUSEHOLD FURNITURE
Or Other Personal Property.
Scranton Loan Guaranty Co.
207 Wyoming Avenue, Scranton, Pa.
Near Corner Spruco Street.
Business Hoars -8
a. m. to 6 p. tn..
Saturdays, 10 p. in.
We can hand you the' money within
an hour or so after you nsk for It.
KKUKKKKKKKKKKnUKKKKKKKKKKU
The Clearance Sale
o of Summer Specialties
? Is nearing an end,
M arrivals are at hand in a
2 while manufacturers and jobbers are pressing on us
22 to receive the balance at as early a date as possible.
2t That's why we are rushing this sale to a speedy
M close. Bargain prices are everywhere throughout
X the store. You cannot miss them or fail to ap-
preciate their merit.
O TalrA -ftf Pvfltnnlp
B Mi'-w rnvrm
Q Those Cut Pillow Tops
,,.. ,.- -,. i. -
2 days and so we say 1 JK
5 Or 38 Inch Pure Hohair Brilliantines at 36c
jr Tinder ordinary conditions you should Jump at them if 'Jc,
marked 49c. The sale price, is OUt
Or the Half Price Wash Goods at 7c
Hne Lawns, Lovely Batistes, Dainty Dimities, etc.
Regular 12 1-2 and 15c stocks. During this sale. .......
Or Ladies' 25c Undervests at 18c"
X0 No mistake about these figures; they're genuine. Fancy f o
C5 Swiss Bibbons or Pure White Lawns and Ribbon trimmed 1 OC
PABASOLS, WASH SUITS, WASH SKIBTS AND
g SHIRT WAISTS AND ALL WASH GOODS
55 AT HALE PRICE.
I McConnell & Co.,
O The Satisfactory Store.
400402 Lackawanna Avenue.
KnKKKK50KKUKMM$50KKKK00KK
Beer is not of age until it has
been "on lager" for at least four
to six months. A capacity to
continually store 375,000 bar
rels provides ample facilities
to properly age all brews of
Anheuser-Busch Brewing Ass n
St. Louis, U. 8. A.
Vretiiers of the famous Budweiser. Mlchelob, BlacK d Tan, Faust,
PalcLaeer. Anhouser-Standard, Export Pale and Exqulslto.
CASEY EROS.,
of tho subscribers, It Is hereby ngreed
thnt when this contract Is closed, second
parties nro to Incorporate under the laws
of tho stute flxliis tho BRKrciriita
amount of capltnl at not less thun th
amount subscribed which (rtinrcs)
are to be Issued to subscrlucrs In pro
portion to their puld-up Interest In said
factory.". ,
This clnus.0 Is a strong, If not a con
trolling Indication of the actiinl Intention
of the parties to the contract. It may bo
that the lunguuKO Is ambiguous. I-ot this
be granted. Vet, as Cliltty says: "If the
ngreement be so formed as to be am
blsiioiifs, It will bo held to be Joint. If the
Interest bo joint, and several If the Inter
est bo several; an agreement, prima
facie Joint, may be construed to bo sev
eral, If the Interest of either party, ap
pearing upon tho face of the Instrument
shall require that eonstiuctlon."
1NTKNTION OP PAUTinS,
This blmply brings us back to the pro
position that the Intention of the parties to
un ngreement must be gathered from Its
consldetntlon us a whole. It may be nlno
observed that according to the contract
tlio Interest of each of the subscribers in
the subject-matter of tho contract Is dls.
tlnct and different. Ono subscribes for a
certain number of shares of stoclc and
agree to furnish milk from a certain
number of cows. Another subscribes to
the capital stock, but agrees to furnish
no milk whatever, and another agrees to
tnlso no sliareH of stock, but does agree
to furnish the mill: from a stated number
of cows. Hut they all ugree to form a
corporation which Bliull own tho factory.
Taking the agreement us a whole anil
consldeiliig all tho inferences fairly de
iluclble from its terms, Is It possible to
avoid tho conclusion that the contention
of tho defendants is correct and that
their undertaking was not Joint.
Is it not apparent from the reading of
the contract that not ono of tho sub
ncrlbcrs Intended to incur a liability be
yond tho amount of his subscription to
the cuDltut stock of a coruorutlou? As
" V- n- MM, ftao
?
Prom $10 to ? 300 loaned within 10
miles of 207 Wyoming avenue.
We do not want you to WAIT a
day or two for the money after
promising it, promptly.
You get it within an hour or two.
New Phono No,
2826.
P. O. Box 01.
K
Already tue first autumn M
few of our departments, 5?
uauiiiliv
at 10c '
-n.... it. -11 V . .
7c
Age
Makes
Perfect
Wholesale Dealers,
SCRAN ION, PA.
wo have stated, thero nro ISO subscribers.
Their subscriptions vary from $100 to
ROW. Tho amount to bo raised was
J12.000. Take for Instance tho caso of JI.
K. Ciurrlson, ono of the subscribers. Ha
subscribes for ono share of stockr-JlOO,
Or, A, T. Dunlup, who takes, no stock,
but who agrees to furnish tlio milk, qf
ten cows. AVoulil It not be iiiirensbnabo
to suppose thnt these Individuals under
stood tlio contract uh inukhig each liable
for tlio 42,000.
Wo do not think that the plaintiff la
helped out by the Until clause in the
contract which states that "for a full
nnd faithful performance of our respect
ive purts of this contract, wo bind our
selves, and our successors." The use of
tlio wordn ot plurality, such as "wo bind
oui selves" will not make the contract
Joint, when tlio parties engage for tho
performance of distinct nnd several du
ties (1 Add. Contracts, SO). And as was
said In a. case like tlio one nt bar, "Courts
ought not to permit isolated words or
phrases, Importing a joint obligation, to
defeat the manifest intention of the par
lies ns gathered from the entire con
tract." Another consideration worthy of
our attention Is the fnct that ,tl)c, de
fendants belong to an agricultural, com
munity, AVo do not have to go outside ot
the agreement to ascertain this fact. Tho
language used In Pavls, et nl. vs, Jones,
32 U. H. App. 32, (lt95) In n caso similar
to tho ono at bar, i pertinent in this
connection.
PLAINTIFF'S POSITION, "
Vt'a shall now state tho position taken
by the plalntllf. Counsel for PlnJntlff
contend that tho contract upon which he
suit is brought was entered Into for a
iloiiblo purpose: 1. It Is a joint obliga
tion on the part of tlio defendants to-pay
for tho condensery plunt. This Is the re
lation of the "subscribers," the party of
tho second purt. to tho Sayre , Lumber
company, tho party of the. tint part.
Tho first party agreed to build tho
(.Continued ou I'sge 7. J
J)
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