hw i? i it,H u. yt THE SCRANTON TRIBUNE- TUESDAY, AUGUST 19, 1902. CITY CANNOT DISTURB MAIN OPINION HANDED DOWN BY JUDGE KELLY. n the Case of tho Scranton Gas and Water Company Against the City of Scranton the Judge Decides That tho City Cannot Disturb tho Water Main of the Company for the Pur pose of Laying a Sower Without Making Compensation to tho Com pany. In the Injunction enso of the Scran ton Gas nnd Wntcr company tiBiilnst tho city of Scranton unci others, Judge John P. Kelly yestcrdny hnnded clown un opinion In which ho continued the preliminary Injunction granted to tho company to restrain the city from In terfering with tho water mains of tho plaintiff company In the construction of a sower In Front street, South Scranton. Tho opinion follows: Tho plaintiff la a corporation of the state of Pennsylvania, Incorporated by special act of loRlslaturc, approved March fi, 1SG4 (P. L. ISWi. p. M9). Under tho sec ond section of tho act of Incorporation, It has the right "to provide, erect and maintain all works, machinery, fixtures or engines, necessary or proper for mak ing, rniilhg nnd Introducing Into tho vil lage of Scranton, Iuzcrno county, a. suf ficient supply of pure water." nnd to enter upon lands nnd enclosures, streets, lanes nnd nlleys, roads, highways nnd bridges, as may ho necessary to oc cupy or to obtain necessary materials for tho construction of said works, nnd to occupy, ditch and lay pipes, and from tlmo to time to repair the same." In 1S37 or 3S.9S tho plaintiff laid a line of water pipes upon Front street, on, the South Side, In tho city of Scranton, with in tho limits of tho old "Village of Scran ton," between Prospect and Stono ave nues. THE SEWEIt AUTHORIZED. In JS37 the city passed nn ordinance providing for tho construction of tho Seventeenth sewer district main sower, which was approved by the mayor nn February 15, 1897. The sewer provided for y this ordinance also In part it located fcn Front street. For reasons which do not appear In tho evidence, nnd which nre not of any moment here, the actual construction of tho sewer In question nlong this street was not begun until the spring of tho present year. As the work of construction was proceeded with, It was found that the sewer as located upon this street In question came in contact with the plaintiff's water pipes, and it became necessary to either change their location or abandon the construction of tho sewer as located. Notlco was given to the water company to remove Its pipes, and upon its refusal to do so, it Was threatened on the part of the de fendant to remove them or cause them o bo removed, in order to make way for the continuation of tho construction of the sewer, and upon complaint of plaln itft a preliminary injunction was granted to restrain tho defendant from removing or Interfering with the water pipes at the location In question. There are some questions of fact and law Involved in this case which -we do not now feel called upon to discuss, con llnlng ourselves to tho main question: Can ft municipal corporation, In the exer cise of Its municipal function in the mat ter of tho construction of sewers, re move, or cause to be removed, tho water pipes of a water company, which have been previously laid in the public streets inder lawful authority, whenever the ramo are found to be in the way of the sewer construction, as located by the municipal authorities, without first pay ing or securing tho damage sustained by tho water company on account of such removal? Or, has tho municipality such n superior right to tho use of the public streets for tho purpose of constructing hewers, as to require a water company to remove, at its own expense, its pipes, lawfully laid upon the public streets, whenever they may be found to Inter fere with tho construction of a sewer? CONTENTIONS OF PARTIES. "Wo are not called upon to decide tho relative rights of the parties In thi3 pro ceeding, whether the right of one Is subordinate to the other, in case of Inter ference. The plaintiff in Its bill ex presses Its willingness to relocate or move us pipes, provided it is Indemni lied for the damages it may sustain by po doing (Paragraph 6) and does not In sist upon maintaining Its pipes In their present position. .It is contended on the part of tho city that In the block In question the water pipes are laid diagonally across the Btrot, ana mat it Is not practicable to build the sewer there without Interfer ing with the water pipes; that It Is the duty of the water company to glvo way nnd relocate Its pipes at Its own expense; and that In case of refusal to do so she has the right to treat them as an unlaw ful obstruction to the construction of tho sewer, nnd cause their removal, without payment of any damages for so doing; that her right Is superior to that of the water company. It Is true that tho water pipes In tho Mock In rmestlon are not laid parallel with tho street lines, as no doubt they hliould be. In order to Interfere as little ns possible with the use of tho street for other proper purposes. But bo that as It may, the true location of the pipes could liavo been ascertained upon inquiry by the officers of tho city beforo locating tho hewer, and tho evidence is to tho effect that If the pipes had been first located, the sewer in question could have been built without interfering with them, Tho pipes were laid under tho nuthorlty of the commonwealth, as granted to tho water company by tho act of incorpora tion. They constitute part of tho plant nnd property of tho company. They wero laid beforo tho construction of tho hewer was begun. If they are moved by the city, moro or less damage will result to tho water company,' and If moved by tho company It will sjiffcr damage to tho extent of the expense of moving them. MUST PAY DAMAGES. Conceding then, for the sake of argu ment, that tho right of tho water com .pany li bubordlnato to that of tho city, unci that In caso of conflict Ub pipes must give way, Is not such removal or reloca tion nn Injury for which the company Is entitled to be compensated, within tho meaning of tho clause of tho constitution which iirovldes that "municipal and other .corporations and individuals invested j with the privilege of taking prtvato prop erty for public use, shall make Just com pensation for property taken, Injured or destroyed by the construction or enlnrgo mont of their works, hlghwuys or Im provements, which compensation phnll bo paiu or Becurea oeroro such taking, In Jury or destruction" Wo are of tho opin ion that It Is, and that before the city can compel a water company to remove or relocate Its pipes to make way for tho construction of a sewer, she must first cither pay or secure the damages to be Incurred. Wo And no caso In Pennsylvania which squarely rules this precise question, nl though there are cases sustaining the piluclplo upon which wo base our con elusion. Among them nre: Common wealth vs. Pa " gal Co., C6 Pa. 41; Pitts burgs, etc., 11. .. Jp. vs. S. W. Pa Ry. Vo., 77 Pa. 173. In"Moore vs. Now Or leans Water Works Co., (114 Fed. R, 8S0), tho exact question now beforo iw Is passed upon In tho circuit court of the United States for the Eastern district of Louisiana. The constitution of (ho state of Louisiana contains a ciuuso to the ef fect "that private nronortv shall not h taken or damaged for public purposes without just and udequuto compensation being llrst made. Under this constltu- Mvnul provision, was held thut the water pipes, as laid In the public streets of New Orleans and forming part of tho water works system, arc tho property of tho water company! that tho drainage commission, In prosecuting Its drainage works In tho city, cannot requires tho re moval of mnlns and pipes belonging to tho wntcr company, without previously making Just nnd adequate compensation; nnd thnt If It attempts to do so nn In junction pendente 11 to should Issue to protect tho compnny's rights, This ense Is directly In point, nnd Is highly per sttaslvo authority In favor of tho plain tiff's position. In tho opinion Is found n clear discussion of the principles nnd a review of tho authorities, and wo can tin no better than quote from It at some length: A PARALLEL CASE. "Tho case has been argued ns though tho dralnago commission of New Orleans was vested with full possession of the police power of the stntc, to tho cxclu flon of nil and any rights of tho New Or leans Waterworks company, whllo tho fact Is thnt both tho commission and tho waterworks company nre agencies of thu state and city In providing fortho public health and safety, nnd that both nro chtltled to tho support and protection of the police power In executing nnd per forming tho functions respectively as signed: and tho work of each would seem to bo of equal importanco from tho sanitary standpoint, ns tho ono Is In tended to bring a sufficient supply of water Into tho city for tho supply of tho inhabitants, and the other to expel from tho city tho overflow nnd surface water. "If there wero only room for ono of theso ngencle, It might ho nrgued with great force that the waterworks com pany, being prior In tlmo and In posses sion with Its mains nnd pipes laid, would have tho supremo right; but, fortunately for all, there Is room for both, and tho condition Is that with certain removals and transfers of water mains nnd pipes the plans of drainage ns determined by tho city and Intrusted to the commission can be fully carried out; and the mntter In hand here Is to determine nt whoso expense shnll bo the removal and re placement of the water mains and pipes. It Is to be noticed that the commission has been provided with largo funds to carry on and execute Its work, and to pay tho costs and expenses of tho same, and this pre-supposes that, for work done and property taken necessary and proper to the construction, compensation is to be made. "Are the water mains and pipes, as laid In tho public streets of the city of New Orleans, and forming a part of tho waterworks system, tin property of tho New Orleans Waterworks company? Un questionably; because the caso shows that many of them as laid were directly purchased from the city under state au thority, and tho balance nave been laid under a contract with the state and city, which contract has been declared valid beyond tho Impairment by state legisla tion in AVnterworks Co. vs. Rivers, (115 U. S. 674, C Sup. Ct. 273. 29 L. Ed. 023). Docs the waterworks company own this property subject to the legitimate exer ciso of the police power of tho state? Unquestionably; but the waterworks company nlso owns the property under the protection of constitutional principles, nnd as declared In the constitution of tho state of Louisiana, artlclo 167, which pro vides, 'that private property shall not bo taken or damaged for public purposes without just and adequate compensation being first made.' WANTED MAINS REMOVED. "In prosecuting Its dralnago works in tho city of New Orleans, the drainage commission requires the removing of cer tain mains nnd pipes of tho waterworks company, with the result that the mains and pipes are taken or damaged, tho le gitimate business of tne waterworks company Interfered with and damnged by cutting off the supplies of water through many and large tracts of the city. If carried out, Is this the taking or damag ing of the waterworks property for pub lic purposes, within the meaning of artl clo IC7 of the constitution above quoted? It certainly Is a taking and damaging of the property. If part or the mains nnd pipes can be removed, why not all? Why cannot the drainage commission go through, every street In which there are mains and remove the same? It is no answer to say, "Wo do not take your property, we just remove it;' for, when removed. It is nothing but iron pipes, and no longer a part of the system. Nor Is it an answer to say that after wo have re moved your mains you may replace them somewhere else out of our way; for this all requires expense, sublects the water works company to damage, and is equiv alent to saying, 'Wo do not take or dam nge your property, for after wo havo removed your mains and pipes you can get others placed elsewhere." This ques tion seems too plain for further discus sion.. "Is such taking or damaging war ranted as a legitimate exercise of the police power of- the state without com pensation Is first made? Tho question covers a very large field. Many cases have been, and can be, cited, where. In tho legitimate exercise of the police power, property has been Incidentally, more or less remotely, nnd, perhaps, even directly, damaged through the exercise of the police power, without requiring compensation to be made to the owners of the property so damaged; but I have found no well-consluered case, nnd nono has been cited to me, where private prop erty has been nctually taken or physi cally damaged that tho owners were held not to be entitled to damages. "In National Waterworks Co. v. city or Kansas (C. C), 28 Fed. 921, there was no such contract ns here, and thero was a reservation In favor of the city as to the designation of streets, etc., whero pipes might bo laid. Under a constitu tional provision of the state of Illinois, which is very slmllnr to the constitutional provision of the state of Louisiana, tho Supreme court of tho United Statps, In City of Chicago vs. Taylor (123 U. S. 101, 8 Sup. Ct. S20, 31 L. Ed. 3S) havo dls cussed and decided the matter, with the result that tho owner was entitled to compensation liycill cases where prlvnto property has 'sustained a substantial In jury from the making and using of an Improvement that Is public In Its charac ter, whether the damage bo direct, as when caused by trespass or physical In vasion of the property, or consequential, as In a diminution of Its market value." Other Interesting cases In this respect nro Pumpelly vs. Green Bay Co,, 13 Wall, ICO, 20 L. Ed. 557; Ponchartrnln R. Co, vs. Board of Com'rs of Orleans Levee Dlst,, 49 La. Ann. 670, 21 South, "03: Eaton vs. Railroad Co., 51 N. II. 501. 12 Am. Rep, 147. Scq also, Chicago B. and Q. R, Co, vs. city of Chicago. 106 U. S, 22G, 17 Sup. Ct. 581, 41, L. Ed. 978. wherein It Is held that 'since tho adoption of tho four teenth amendment, compensation for pri vate property taken for publlo uses con stitutes nn essential element In 'duo pro cess of law,' and that without such com pensation tho appropriation of private property to publlo uses, no matter under what form of procedure It Is taken, would violate the provisions of tho fed eral constitution.' "In the light of theso authorities, and under the facts of this case, I am dis posed to hold nt this time, and for this case, that tho police power of the state, so far as vested In tho dralnago commis sion under tho legislation which creates the commission, goes to tho extent of, nnd no further than, the right to tho Joint occupancy of tho streets of tho city with the waterworks company, and the right to remove and replace, provided tho same can bo replaced, tho mains uml pipes of the waterworks company, wherever necessary to secure such Joint occupancy nnd construct works In ac cordunco with the plans for drainage adopted by tho city; but that so far as it may bo found necessary Jn prosecuting tho drainage work to appropriate, ex. proprlate, take, or damageit.Ue proporty of the New Orleans 'Waterworks com pany, Including tho removal tuid replacc jng of waterworks mulps andplpcs, It can only lawfully proceed by previously making Just and adequate compensa tion." In our view of tho matter, tho law Is with tho plaintiff on tho main question In controversy, and wo do not therefore dls cusa the minor questions. The rule to continue tho preliminary Injunction la made ubsolute- 1 ' t ' i i REUNION AT NAY AUG PARK VETERANS FROM SEVEN COUN TIES WILL ATTEND. Men from This Part of the State Who Fought in the Civil War Will Gather Here Tomorrow In the Af ternoon the Annual Business Meet ing Will Be Held nnd Addresses Delivered Circular Issued by1 Sec retary Pearco to the G. A. K., S. of V. and Prisoners of War. Veterans representing between twenty nnd thirty of tho regiments which fought in tho civil war nro expected In tho city tomorrow to attend thu re union of the Seven Counties' Veterans" association. The day will bo spent at Nay Aug purk where Individual re unions of the several regiments will bo held, business of tho association trans acted, and a number of excellent speak ers heard, At 9 o'clock tomorrow mornlnff tho various posts of the Grand Army of the Republic, nnd Sons of Veterans of the city will assemble at G. A. R. hall, and will march to the Delaware, Lack awanna and Western railroad and Delaware & Hudson railroad stations, to receive the visitors. Bauer'sbancl and a drum corps of thirty pieces will aid In the receptlop. By 10 o'clock It is expected that all of the visiting dele gations will have arrived, and shortly after they have been mustered together a street parade will be held. The line of march will be short, yup Lackawanna avenue to Washington, and past the soldiers' and sailors' monument to Linden street, where cars will be found, waiting to transfer them to the park. THE REUNIONS. They will reach the grounds about 10.30 o'clock, and reunions will then take place of the various regiments, and members of the navy or artillery, as Well as of the Prisoners of War association. At noon lunch will be served by the Women's Relief Corps, No. 50, the ladles of the G. A. R. Circle No. 19, and the ladles auxiliary branch of the Sons of Veterans. A nominal fee will be charg ed, and tho wants of the children of the Harford Soldiers' Orphans school will be supplied by a committee of ladies, free of charge. At 2 o'clock In the afternoon the annual business meeting of the asso ciation will bo hold, to fix the date and place of the next meeting and for the election of officers. Recorder "W. L. Connell will deliver an address of wel come, and this will be responded to by the president of the association, Col. F. L. Hitchcock. Hon. H. M. Edwards, president judge of the Lackawanna court of common pleas, will also speak, and addresses will be delivered by a number of prominent visitors. Folowlng the speaking an exhibition of fancy horseback riding will be given on the plateau, by Lieutenant Andrew Smith of the Ninth United States Cavalry, J. Whlttaker Page of the Pennsylvania Military college, and Lieutenant E. H. Ripple, jr., of the Thirteenth regiment. The public Is In vited to be present at the reunion, and attend the exercises. CIRCULAR ISSUED. The following has been Issued by Secretary E. W. Pearce of the associa tion: Headquarters of the Seven County Veter an's Association. Tho twenty-third annual reunion of the association will bo held at Nay Aug park, Scranton, on Wednesday, Aug. 20, 1902. Comrades: Time is rapidly thinning our ranks, and ere long our annual reunions will cease, and these meetings and camp fires of the veterans of tho great civil war will soon be events of tho past. We urge you therefore to make every effort to attend the next meeting of the asso ciation. Many of the comrades' eyes are getting dim, their hearing dull, their hands palsied, but the samo old fife of loyalty still burns in their breasts as It did In tho sixties. They nre as anxious to see and grasp your hands now as they were in the days of war. Tho survivors of Llbble, Belle Island, Salisbury, Andersonvllle and other rebel prisons will bo there. The heroes of 2,227 battlefields, who fought on land and sea will be there, and to make a grand success and have an en joyable time, you, yourself must bo there. Do not disappoint your old comrades. La dles of Woman's Relief corps, No. 50, will furnish refreshments. Speeches of wel come will bo made. Old songs will be sung ns tho boys used to sing around tho camplhes nt the front forty years ago. Every ono is invited to bo present. - Ten Million Dollar Mortgage. Easton, Aug. IS. A mortgage for $10,000, 000 given by the Bethlehem Steel com pany on Its plant at South Bethlehem to tho Colonial Trust company, of New York, was recorded hero today. i. It 3s courting danger to stand under icy eaves. Not a few have learned this to their cost. Every winter Injury and even death are reported as thu result of this carelessness. But there is a far more popular way of courting dauger. Every man or woman who neglects a cough is inviting sickness, and mauy a fatal sickness has its beginning in a slight cough. The timely use of Dr, Pierce's Golden Medical Discovery will cure the cough. Even when the cough is obstinate and there is hemorrhage with emaciation and weakness, "Golden Medical Discovery" always helps and almost always cures. I was troubled with a bad cold, which settled on uy limps and lcfi me with a miserable cough," writes Mr. Joseph D. Hums, of 318 out.-uis sirrci, juinca, jsew York. "I used two bottles of your 'Colilcn Medical Dlscov. ery,' after which my cough disappeared entirely. I can uot recommend your mcdl. due too highly," Accept no substitute for " Golden Medical Discov ery," There is nothing "just as good" for dls eases of the stomach, blood, and lungs. Sub stitution means a little more profit to the dealer but a loss to you. The Common Sense Medical Adviser, 1008 large pages, in paper covers, is sent free on receipt of at one-cent stamps to pay expense of mailing only. Address Dr. It. V, Pierce, Buf falo, N, Y. Y UANUtK If! 9sW THE MARKETS Wall Street Ktvltw. Now York, Aug. 18.-A Cull and sag ging stock market was tho natural con sequence of various evidences going to show that tho expanding needs ot tho cir culation nro making Increasing Imoods upon banking reserves. Besides tho lo cal money situation, tho market was de pressed by selling of stocks for London account, owing to hardening money rates there. Tho net earnings of railroads for Juno reported showed somo decline In tho southwest owing to shortage In tho cprn movement nnd Intimations wero given of probnbly similar results for July. The reported retirement of tho president or the United States Steel corporation nnd somo Intlucnco in tho general mar ket although the stocks ot that corpora tion wero but llttlo affecting. Offset ting factors in the heaviness ot tho mar ket were tho strength of Louisville and Nushvlllo on supposed progress in tho financial readjustment In Toledo, St. Louis nnd Western on rumors of Vunder b lit control. In Texas and Pacific on tho alleged seeking of control by St. Louis and San Francisco; In Chicago Terminal stocks on rumors of plans of new ten ants nnd In n number of minor special ties. Tho closing tono was dull and heavy. Tho reduction In tho yenrly In terest disbursement on tho Central of Georgia first Incomes weakened thnt group of stocks and luid somo sympa thetic effect elsewhere. Total sales, par value, $1,770,000. Total sales. 378.KHI shares. United States refunding 2s advanced H nnd tho now 4s U per cent, on tho last call. The following quotations aro furnished rno Trimino by Hnlght & Freose Co., 314 315 Mcars Building, W. D. Runyon, man- ugcr. Amnl. Copper . . Am. C. & F American Ico .... Am. Ice, Pr Am. Locomotive Opcn.IIIffh.Low.Close. .. 03 KBi 113 KM 3.1U 33i 33',B 33i 13 13 13 4 43i nK i:i II 3iU 32i 32ft Am. S. & R. Co 47 4ia 17'i 47': American Sugar ....131 1321ft 131& 131 Atchison 91 921ft 91 9! Atchison. Pr Bait. & Ohio Brook. R. T Canadian Pacific . Ches. & Ohio .... Chicago & Alton . Chic. & G. W .... C, M. & St. p ... C, R. I. & P Col. Fuel & Iron. Col. & South .llKli 1021i 102 102 109 CG 138 5.1 42 ..1091i 109li 103?i .. G0t. W4i 63 ..137 13S 7ti l) iH'.i IHWi. .. 42 .. 32 .0183 ..184 .. 90Vi 43 42 32 32 3i 183H 1S4 184 184 18214 91 3314 51 178 39 68 5314 90 33 51 178 39 GS 53ti SI 3314 51 178 39 GS 0314 33K Col. & South, 2d Pr. 51 uci. & muu 178 Erie 39 Erie, 1st Pr GS-ft Erie. 2nd Pr rati nocKing vaney 10 102 101 1U1 Illinois central ... Kan. City & South Louis. & Nash .... Manhattan Met. St. Ry Mexican Central ., Mo. K. & Tex 1081i 169 lfiSli 10S 3014 30 30 3G 132 154 151 154 134 134 134 134 147 147 147 147 .29 29 29 29 31 31 31 31 Mo., K. & T., Pr 03 G4 03 G3 Mo. Pacific 117 117 115 110 N. Y. Central .161 163 18314 . 69 69 6S . 33 31 '33 . 41 44 41 .159 159 15914 103 Norfolk & West .. Ont. & West Pacific Mail Penna. R. R People's Gas Pressed Steel Car.. 34 4311 159 101 103 103 103 Wis 4S'4 IN 4XVS .Reading . G6i Wi Wijg 80 SO 724 72 19 19 80 SO 38 . 3814 72 71 40 39 97 97 G8 G7 00 iieacung, 1st Pr .... Reading, 2d Pr .... Republic Steel .... St. L. & San F ... St. Louis, So. W .. Southern Pacific .. Southern R. R .... Southern R. R Pr Tcnn. Coal & Tron Texas & Pacific; .. 80 72 19 . S0 38 72 40 97 67 80 72 19 80 38 71 39 97 67 50 51 50 I 7Tnion Pacific .... ...10S 10S 107 107 Union Pacific Pr .. rp 92U 92 92 V. S. Leather 13 T. S. Leather, Pr ..87 ' I". S. Steel 40 TJ. S. Steel, Pr 90 Wabash 31 Wabash, Pr 48 13 87 40 90 32'4 4S 93 21 l'.B 87 40 90 31 48 9' 24 2S v.; 87 40 90 32 48 92 21 28 ivcainrn union :n Wheel. & L. E 24 Wis. Central 5Si'. 23 Total sales. 379,300 shares, money, 4 per cent. CHICAGO GRAIN & PROVISION. WHEAT. Open. High. Low. Closo, September 70 70 09 09 December 60 07 06 00 September 51 December 40 OATS- September 32 December 29 PORK September 15.S7 LARD Septembcr 10.30 RIBS September 9.02 52 41 r 29 51 40 31 2S 51 40 31 29 1G.00 15.87 15.93 10.30 10.23 10.23 r.i 9.G2 9.03 NEW YORK COTTON MARKET. Open. High. Low. Close. August 8.11 8.19 S.11 S.49 September 7.95 8.01 7.91 8.00 October 7.81 7.S9 7.80 7.87 December 7.72 7.S2 7.72 7.81 Scranton Board of Trade Exchange Quotations All Quotations Based on Par of 100. STOCKS. Lackawanna Dairy Co.. Pr... BId.Asked. County Sav. Bank & Trust Co 300 First Nat. Bank (Carbondale). ... Third Uatlonol Bank 330 Dime Dep. & Dls. Bank 300 w ... COO Kcqnomy u xi. & r. uo.... First National Bank Lack. Trust & Safe Dep. Co Clark & Snover Co., Pr Scranton Savings Bank Traders' National Bank 40 1300 193 123 COO 223 Scranton Bolt & Nut Co 123 People's Bank 133 BONDS. Scranton Packing Co Scranton Passenger Railway, first mortgage, duo 19.'o 113 Peonle's Street Railway, first mortgage, duo 1918 113 People's Street Railway, Gen eral mortgage, duo 1921 113 Scranton Trac. Co., G per cent, 113 Kconomy L., II. & P. Co N. Jersey & Pocono Ico Co Consolidated Wutcr Supply Co ... 97 97 103 Scranton Wholesale Market. (Corrected by H. G. Dale, 27 Lacka. Ave.) Flour-$4.10, Butter Fresh creamery, 2J!$c; fresh dairy, 22!ic Cheese llulltie. Eggs Nearby, 22c; western, 2lc. .Marrow Beans Per bushel, $2.33u2,40. Green Peas Per bushel, $2.23. Onions Per bushel, 90e.n$l.&0. New Potatoes 50aw)c. per bushel, Philadelphia Grain and Produce. Philadelphia, Aug. IS. Wheat 14o. low er; contract grade, August, 72ilu72!'.o. Corn Dull, but steady; No. 2 yellow on track. OSaoGo. Oats Dull, Irregular: No. 2 white clipped old held nt Sic. and new No. 2 white quoted at 47c. Flour Quiet and unchanged. Butter Steady: extra, western creamery, 21c, j do. Pennsylvania points, 22c. ISggs-Steady; fiesh neat by, 21c; loss off; do. western. 21c; do. do, do, southwestern, 19c: do. do. do, southern, 16al7c, Cheese Steady; New York full creams, prlmo small, loaiotie,: do, I do. do. fair to good. 9!a9?ic Refined Sag ara Unchanged, Cotton Quiet hut steady, Tallow Steady; city prlmo In tierces. 6a6He.; country do, do., bar rels, Ol&nG'.ic: do, dark, ban els, 5ia0c,; cakes, OliuCHc; Live Poultry Steady, fair demand; fowls, 13al3t4c: old roosters, 9a9tc: spring chickens. 13n15c; do, ducks, llal2c: old roosteis, 9a9Hc.i spring chick ens. 13al5c; do. ducks, UaU'c,; old do., lOallo. Dressed Poultry Firm, fair de mand; fowls, choice western ,14t5c,; do, southern and southwestern, 13!iuHc; do, fair to good, 12',4h13c; old roosters, 9',ia 10c,; broilers nearby, large, 17al8c; do. small and medium, 14alCc: western do., Inrge, 14al5c; do. mall and medium, 12a 13o. Receipts-Flour, 2,400 barrels nnd 831,000 pounds In sacks; wheat, 38,000 bush els; corn, 2,400 bushels; oats, 20,000 hush-' els. Shlpments-Whent, 150,000 bushels; corn, 2,400 bushels; oats, 8,000 bushels. New York Grain and Produce Market New York, Aug. lS.-Flour-Unsottled and weaker, with buyers and sellers apart again. Wheut-Rpot easy; No. S red, 7l!ic elevator; No. 2 red, 75t4a75c. f. Co. b. alloat. During the forenoon wheat was urm unci Higher. Later it broko un der profit tiiklng sales and largo south western receipts, closing weak at tiac, net decline; Mny closed 74c; September, 7Jlic.i Pccembor, 7214c Corn-Spot easy; No. 2, 6lc. rlovator and G3l4o ,f, o. h. alloat. Option market ppened firm with wheat but later broke under general un loading unci closed ensy at unchanged J).r.',ces, Muy. closed 41Tic; September, 571c; Decemhor. 45c. Oats Spot unset tled; now mixed. "Mc: new white, nom inal. G2u58c; old white, 01a05c; No. 3 white, nominal; tuiclc mixed western, nominal; track white, nominal; option market after a period of early1 strength following other markets, was weakened by liquidation. Butter Unsettled; cream cry, I6a20c.; do. factory, 14nl0c; ren ovated, lifelines imitation creamery. 15a 17c.j state dairy, l(inl9c, Cliceso Firm; now stato full cream, small colored fancy, 9c.j small white, 9c; largo colored, 0c: lnro white. 0c. Eggs Barely sternly! Btato and Pennsylvania, 20n20e.; western candled, 17nl9c.t western un candled, 15al7c. Chicago Grain Market. Chicago, Aug, 18. Grains had nn elusive bull turn today. All pits experienced ?:ood early notion with strong upturns on ears ot frosts In tho northwest, Hood ing rains In tho Iowa corn fields and gen eral poor grading. Prices were hid up sharply but the unexpected Btrength was soon lost when holders turned to Bolting tho somewhat narrow markets. At the closo September wheat was c. lower; September corn, c. higher nnd Septem ber oats a shndo up. September pro visions closed 2a5c. higher. Cash quo tations wero ns follows: Flour Rosy; No. 2 spring wheat, 71C.: No. 3, G9n70c; No. 2 red, 09a7flc; No. '2 corn, 55c. : No. 2 yellow, 59nG0i: No. 2 oats, 27a29C, No. 3 white, 32n38c; No. 2 rye, 50nr0c: fair to cholco melting barley, SOnOlc.; No. 1 flax seed, J1.37: No. 1 northwestern, $1.44; prima tlinothey seed, $4.55; mess pork, ftS.00alS.U5: lard, $10.10.110.20; short ribs, sides, W.50aD.60; dry salted shoulders. 8n8c; short clear Bides, 10al0c; whiskey, $1.31. Buffalo Live Stock Market. East Buffalo, Aug. 18.-Cattle-Rccclpt.i. 4,400; steady to strong; prime steers, $7.73 n8.25; cholc 1,200 to 1,300 pound, $7n7.50; fair to good, $6aG.75: cholco 1,000 to 1,500 pounds, $0a0.75; fair to good, $5.2."a5.75; choice heifers, $5.73aG.50; fair to good, $4.50n5.25; light to fair, $3a3.75; best fat cows, $1.50a5.25; fair to good, $3a4.25; canners, $1.50a2.50; export bulls, jl.no.i5; Wlttchers, $3.50a4.25; bologna, $3a3.75: fresh cowa and springers, steady: good to choice. $4.50o5: medium to good, $30a30; common, $18a2.": medium, $30.i3S; common common, $18025; stockcrs and feeders, strong, 10c. higher; feeders, $4.50a5; stockers, $3.75al.50; stock heifers, $3.50a3.75; Texas cattle, fair to good. $3.S5n4.95; veals receipts, 1,050; strong, 25c. higher; tops, $7.75a8; fair to good, $0.75a7.25; rommon to light, $3.50aHn. Hogs Receipts, 1S.OO0 head; fairly active, closing steady to strong; heavy, $7.20a7.2.V, mixed, $7.05a7.15; Yorkers, $0.90a7: light do., $0.fWaG.95; pigs, $G.90a7: roughs, $3.25a5.75; stugs, $4.75a 5.25; grassers, $G.00aG.90. Sheep and Lambs Receipts, 10.000; heep dull; lambs strong; top lambs, $5.75a0.25; fair to good, $5.50a5.G5; culls to common, $l.25.i5; year lings. $4.50a4.7.V, wothers. $4.25a 1.50; sheep, top mixed, $3.75al; fair to good, SJ.oOaJ.Gj; culls to common, $2.23a3.23. Chicago Live Stock Market. Chicago, Aug. 18. Cattle-Receipts, 24, 000. including 2,590 Tcxitns; 8,500 westerns; prime steers, steady; others, 10a23c. low er; good to prime steers, $7.90a9; poor to medium, $4.25a7.50; stockers and feeders, $2.50a5.35; cows. Sl.50a3.75; heifeui, $2.50.16; canners, $1.50a0.30; bulls, $2.25n5.25; calves, $2.50a7; Texas fed steers, $3a5; western steers, $4.50a6.l0. Hogs Receipts today, 31,000: tomorrow, 20,000; left over, 3.000; steady; mixed and butchers, $6.2'a0.9; good to choice heavy, JG.7.'.a7.07; rough heavy, $Ca6.60; light, $ij.23u(J.90: bulk of sales, $6.50a6.75. Sheep Receipts. 35.000; lower; laml3, choice, steady; others, low er; good to choice wethers, $3.7oa4.25; fair to choice mixed, $2.G0o3.73; native lambs, $3.50aG.30. East Liberty Live Stock. East Liberty. Aug. IS. Cattle Steady; prime, $7.15a7.50; good, G.G0a7. Hogs Lower; prime heavies, $7a7.03; mediums, $G.95a"; heavy Yorkers, $0.90a0.95; light do., J6.90a6.93; pigs. $0.90a0.95; roughs. $5a G.30. Sheep Steady; best wethors, $ 1.23a 4.10; culls and common, $1.50a2; choice lambs, $5.73aG; veal calves, $7.50.18. Oil Market. Oil City, Aug. lS.-Credit balances. 122; certificates, no bid; shipments, 151,820 bar rels; average, 89,003 barrels; runs, 218,007 barrels; average, S0.S0S barrels- ( Y. M. C. A. Congress. By Exclusie Wire from 'flic Associated Press. Chiistiania, Norway, Aug. IS. About ono thousand foreign delegates represent ing thirty-one nations, are here to at tend the Young lien's Christian asso ciation world's congress, which opens to morrow nnd lasts until August 24. Tho United States sent thirty-eight official representatives. FINANCIAL THIRD NATIONAL BANK OF SCRANTON. Capital, $200,000 SURPLUS (Earned.) $600,000 Pays 3 interest on savings accounts whether large or small. Open Saturday eveniugs from 7.30 to 8.30. Spencer Trask & Co. BANKERS 2T & 29 Pine Street, New York Members New York Stock Exchange. BOODY.McLELLAN &C0. BANKERS, No 57 Broadway) New York City, jtrannns nkw yoiik stock exohanoe. STOCKS.BONDS nnd INVESTMENTS ORDERS EXECUTED FOR INVESTMENT OR ON MARGIN inWA FA RMS, A KSrfBAlAfJdtllcnCPTl DR. DENSTEN, PHYSICIAN AND SURGEON 311 Spruce St. Scranton, a All Acute and Chronic Diseases of Jton Women and Children. NiatVOUB.I C1IHONIC. 11UA1N. FEMAI.10 and WASTING BISKA8KS A 81EUIAUn Cousiiltutton and examination free. Of. Jko hours, dally und Suuday, S a. m. to 9 P- m. J dkfwfJ0uft Sen Cs I Tuesday , 6L Our Green Tag This I OF SUMMER 1 1 on 11 The closing chapter of a lively selling event in Novelty Foulard Silks, Pongee and Raye Tussa Lace Striped Silk. Mous seline de Sole. Were 75c to $1.00 44-Inch Extra Fine Navy Blue Bril liantine, a fabric that will defy the dust, suitable for travelling or street wear, also used extensively for Shirt Waists. Priced at, a yard A Great Skirt Sale... 350 Skirts at Our Green On Table No. lTuesday You will find skirts that retailed for $4, $4.50 and $s, made from Serges, Cheviots and Homespuns. Green Tag Sale On Table No. 2Tuesday You will find Walking and Dress Skirts, former price $5.50, $6 and $7, made from all wool melton, cheviots and serge. Green Tag On Table No. 3Tuesday You will find a superior line of Walking and Dress Skirts, just as fine as you want to see at the price asked for them. Tuesday Hats Fall Styles Now Ready (MUMaq 412 Spruce Street. 309 Lackawanna Avenue. Linotype Composition Book or News Done quickly and reasonably at Tho Tribune office. Bargains Sale Continues All Week. &;.. Tuesday, a Yard 39c 50c Tag Sale Prices l $2.90 $3.90 Sale Price. $4.90 Headquarters for Incandesc?nJ Gas Manfles, Portable Lamps. THE NEW DISCOVERY Kern Incandescent Gas Lamp. G mister ft Forsyth 253-327 Penn Avenue. Lager Beer.. Manufacturers of Old Stock I BHHMaMHOVHHHHHHHHMMMH .1 UK MS PILSNER NUNtK : Wrewjry. y. r 1. n 435?s rrfinrnnra N. tevent IIIOCI kUI UIIUVIII U Old 'Phone, 3331, New 'Phone, 2935. Allis-Chalmcrs Co Successors to Machine Business ot Dickson Manufacturing Co., 8cranta nd Wllkes-Barre, Pa. Stationary Endues, Bollere, Mining Machinery, Fumpa. t. n I m k I " n a. t , j-i u K . 9 . -1 m