THE SCRANTON TRIBUNE-THURSDAY, DECEMBER m 1902.
ti
1
Strictly
Confidential
CUSTOMKH8 have a
right to expect that.
Their banking business
' will bo treated as CONKl
D13NTIAL. This wo do, and wo also
aim to protect their Inter
est In every legitimate
manner. The
Dime Bank
Corner of Wyoming Ave
nue anil Spruce Street,
SCRANTON, FA.
I
I. F. nCEL i CO.
Bankers and Broksrs,
noth 'phones. Connell Building.
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Register Now
For the Nw Term In
The flardnbergh
School
of Miisic and flpf
Carter Building.
r
I
Special Sale of
Childrens Coats
A' few excellent numbors in vol.
vets, corduroys nnd broadcloth.
Wo nnd wo have, not room for our
CHRISTMAS display, and kIvo you
tho benefit hy REDUCING prlco.s
of coats. You get the COAT. Wo
get tho ROOM.
BABY BAZAAR
US Washington Avenue,
Cigars
For
Christmas
Thousands of fine fresh se
lected cigars arriving: daily.
The largest and finest assort
ment of strictly high-grade
Imported and clear Havana
goods ever shown in Scranton.
E. C. Dean,
414 Council Bltlg.
largest distributor in N. E.
Pennsylvania.
Saturday miwm i
Between 7 and 8 O'clock
Is an excellent; tlnio to open
your savings account lth "
THE PEOPLE'S BAI
Your money earns 3 iur cent.
Interest fiom tlio date of de
posit. City and School Taxes 1008.
Tho above tux dupllcatt'3 aro now In
my hands for collection.
P. S. DAItKUR.
City Treasurer.
Dr. Llndabury, Surgeon, diseases of
women a specialty, 215 Connell building.
Hours; 11 u. m. to 1 p, m.; 7 to 8.39
p. m.
I i
INJUNCTION
WASREFUSED
WANTED TO ARRAY COURT
AGAINST COURT.
Ooorge Howell's Attorney Asked for
nn Injunction to Prevent the
Commissioners in the Connell
Howell Election Contest from Per
forming the Duties tho United
States Court Assigned to Them A
Majority of tho Court Refused to
Issue the Restialning Order.
Tho court of thla county wus yester
day upked by Attorney C. Bulentlno,
noting for llcorga Howell, who is nb
nent froiit the city, to Issue nn Injunc
tion leHtriiltilng the commissioners ap
pointed under tho order made Monday
by Judge U. V. Arohbuld In tho Uni
ted .States court, from bringing In the
ballot boxes containing the ballots enst
at the election of Nov. 4.
These ballots will be needed to de
termine the contest now pending be
tween Mr. Howell and Hon. William
Connell for tho olllce of congress. Un
der the law, unless otherwise ordered,
the ballots would have to be destroyed
that the boxes may bo used at the Feb
ruary election. Tho contest will not bo
disposed of by that time and it became
necessary to ofllclully preserve the bal
lots. On Mr. Council's petition Judge Arch
bald, of tho United Stntes court, where
all federal matters are heard, Monday
made an order directing that the con
testant and respondent each name a
commissioner to have the power to
open tho ballot boxes In the several
election districts and remove and seal
up tho contents, properly marking them
for identification, or to bring in the
ballot boxes. Tho boxes or ballots were
to be deposited with E. It. W. Searle,
clerk of tho United States court.
An Objection. Raised.
Mr. Howell's attorney wanted --the
ballots deposited In the court house,
but as Judge Archbald has no author
ity over county property or over coun
ty officials ho had to decline to "accept
the suggestion mid named the clerk of
tho "district court, tho legal custodian
of all its papers, as the proper person
to take charge of the ballots.
On Tuesday Mr, Howell named Attor
ney John J. Toohey as his commission
er, and Mr. Connell named Attorney
P. W. Stokes. Tho appointments were
combined by Judge Archbald.
When Mr. Council's appointee was
announced Mr. Balenllne objected to
him and read a paper which made .a
savage attack upon Mr. Stokes. It was
not In the form of an aflldavlt and was
unsigned and Judge Archbald refused
to consider it.
"I have known Mr. Stokes for twenty-five
years," he said. "He was a
student in my olllce and I have known
him over since at the bar. I do not
believe the things which you have said
concerning him,"
Having failed in their effort to deny
Mr. Connell the right they had taken
advantage of themselves, namely to
appoint a commissioner who would
watch his interests In the gathering
and sealing of the ballots the Howell
ltes turned to other fields.
Yesterday Messrs. Stokes and Too
hey began the woik of gathering the
ballots. Their first step was to call
upon the county commissioners and
ask for the keys of the ballot boxes.
Wouldn't Give Them Up.
John J. Durkln, Democrat, and mi
nority member of tho hoard of com
missioners, is the chairman and has
tho custody of the keys. He refused
to give them up, notwithstanding that
John C. Morris and John Penman, the
other members of tho board, requested
him to do so.
Messrs. Stokes and Toohey then ap
plied to Judge Kelly for nn order to
compel County Commissioner Durkln
to hand over the keys. He consulted
with the other judges nnd they unani
mously deckled that the court had no
authority to make s-ueh an order. Tho
court would only have power to direct
tho commissioners to do something as
the result of proceedings regulruly
brought against them,
Not being able to get tho keys, the
contents of the boxes could not be re
moved and saled by the contest com
missioners, and they forthwith, in ac
cordance with tho order under which
they were acting, proceeded to bring In
the ballot boxes.
This action of Commissioner Durkln
means that the ballot boxes will not bo
available for use at the February elec
tion, and the county will have to spend
$1,000 to replace them.
Part of the Plan.
The icfusal or Commissioner Durkln
was in accordance with n plan of oper
ations that hud been laid out by How
ell's chler adviser and which was btlng
carefully developed step by step, if
the contest commissioners could not
get the contents of the boxes they
must, of course, tnke the boxes in pur
suance to the order they were acting
under.
"That's whero wi will linvo them,"
said the chief adviser. "Tho United
States may have tho right to take the
contents of the boxes, but when it tries
to confiscate tho boxes, which are the
property of the state, things will be
In shape for the local courts to lock
horns with the United States court and
then there will be things doing. AVe
can restrain them by Injunction, and
the ballots will stay just wheie they
are, since our commissioner has the
keys and won't give them up."
Messrs, Stokes and Toohey having no
alternative, started after tho ballot
boxes, and Mr, Halentiue proceeded, In
accordance with tho plan of campaign,
to place In his coat pocket the Injunc
tion papers ho hud prepared and hnsten
to tho court house to apply for nn In
junction. Judge. Nowcomb wus on the
bench In tho muln court, so ho went to
Judge Kelly, who Is In ehambeis this
week. The latter, with a full renlls:.
LIKE COFFEE?
Well, If you do, try A. & P. llLKND,
Kvery elp of this Coffee Is u sip of pleas,
me. It Is delicious, strengthening and
InvlgoratluK; "drives dull euro uwny." In
fact, tlu'io is not a doubt about It bchix
the DKST.
25c.
MOCHA AND JAVA IN TOWN. Try it
and bo convinced, if you aro not satis
lied we'll cheerfully lefund your money.
THE GREAT
Atlantic and Pacific Tea Go,
411 Luckawanra avenue. 021 North Main
nvpntin. 'Phnnn 7.1.'' Prnumfr rtalti'ni..
New 'I'liono in '
Scanton Conservatory of Music
J, ALFRED PENNINGTON, DIRECTOR.
57th RECITAL
In Guernsey Hall
MONDAY EVENINGS, DEC. 14.
atlon of tho gravity of tho proposed
step the enjoining of the United States
court suggested that tho matter bo
discussed beforo the full bench, nnd at
4,13 the format application was made
beforo Judges Edwards, Kelly mid
Nowcomb In the main court room.
Howell Absont from City.
In applying for this remarkable In
junction the like of which was never
beforo asked for in this country so far
as Is known Mr. Hulentlne suld that
Mr. Howell Is absent from tho city and
state, and ns his attorney ho had pre
pared the Injunction potitlon and sworn
to It, believing he had that right. Mr.
Howell, ho said, had no knowledge of
tho proceedings.
Tho first petition for the Injunction
served on Mr. Conncll'n attorneys, n.
H. Ilolgata nnd Ezra H. Connell, had,
it developed later, the name of George
Howell signed to It. They refused to
accept service of it, observing that the
signature was only an Imitation of
that of Mr. Howell, nnd tho petition In
tho name of Mr. Balenllne was then
prepared.
Mr. Balentinc told the court that If
the commissioners were allowed to take
possession of tho ballot boxes, great
and irreparable injury would be done
Mr. Howell. Ho did not specify what
tho injury would be, but proceeded at
once to make an assault on the char
acters of E. R. "W. Searle, clerk of tho
United States court, and Commissioner
P. W. Stokes. Judge Edwards stopped
him with the remark that the court
was only interested in the question of
its jurisdiction in the matter of grant
ing the Injunction prayed for.
The Revised Statutes.
Mr. Uulentino read the revised United
States statutes with reference to elec
tion contests, and maintained that they
nowhere gave Judge Archbald tho au
thority to make such an order as he
Issued to the commissioners, and as his
act was without authority it was tho
duty of tho county court to issue the
Injunction prayed for and prevent the
confiscation of the ballot boxes of the
state, which, it was nlleged, would bo
to the irreparable Injury of Mr. Howell,
still no specification of the nature of
the Injury the taking of tho boxes
would entail. The contents seemed to
have been relegated to a secondary
place.
Mr. Holgato, in reply, said that in
his opinion the local court had no .jur
isdiction In tho matter whatever. The
election of congressmen and tho pro
cedure ns to contests aro regulated by
federal laws and nothing- in connection
with them can come up in tho state
courts. The proper person to appoint
the commissioners was the United
States judge, and the proper custodian
of the ballots the United States otll-
cials.
Mr. Balentine maintained that the
judge or other official appointed to hear
the testimony in the contest was the
only one authorized to take possession
of the ballots or appoint anyone to do
so. but Mr. Holgato combatted this
view and said It was undoubtedly the
right of a judge of the United States
court to do It.
"What powers do these commission
ers have?" asked .Tud';e Nowcomb.
Mr. Holgate leplled that under tho
order of Judge Archbald they hac the
right to take the ballot boxes and their
contents.
"Do you mean that any com t has ll'c
right to take these ballot boxes and
curry them away to Hiiirlsburj,'."'
asked Judge Ncwcoiub. "f you do,
you will have to bilng up sonic strong
authoiltlcs to convince me that you .ire
correct," ho added.
Wq offer the "Flor da Mar
tinez Ybor" as the finest Key
West Cigar, and place on. sale
today a complete line of all
sizes, at factory prices.
These cigai-3 left Ybor City,
Flu., one week ngo, nnd arc per
fectly fresh. They aio made of
tho finest tobacco grown in
Havana, and will bo appreciat
ed by gentlemen who enjoy a
fine Havana Cigar.
E. G. Coursen,
I
sole Distributor.
CANDY
SPECIALS THIS WEEK
S lbs. Bon Bons and Choco
lates (60c. grade), "y(n
5 lbs. old-fashioned "Nut
Chocolates (equal to j(
any 60c. condy) OUC
5 lbs. old-fashioned Choco
late Creams, worth "f
a
Hendley's Fancy Chocolate,
50c. grade this week )
for
....,,,.,,,, dJ
E. G, Coursen,
Henaquarters for Candy,
rIEfflKIKK3IMKEEEKaffiS2EEinETS '
Fi$l I1
I b 1111)01 I
I Kpv fcl f!iff
lib in bo uiyui i
Later ho wanted to know of Mr. Hol
gate If ho believed tho United States
.J such plenary powers as to cnablu
It to conilscntc the property of tho
sato of Pennsylvania, nnd suggested
that It was what wus being done In
the enso under consideration.
Question of Jurisdiction.
Mr. Holgnte said tho question was
ono entirely of Jurisdiction, and ho was
firm In his belief that a state court bus
no right to attempt to enjoin a federal
court In a matter that Is strictly within
the province of the federal court.
The three judges consulted for some
time, and Judge Edwards announced
that a majority of the court had de
cided to refuse the request for tho In
Junction. "I dissent from tho view of tho ma
jority of the court," said Judge New
comb. "Regardless of the doubtful
validity of the order of the federal
court and the doubt ns to tho powers
of that court to make the order by
which the contestant claims the right
to have the ballot boxes taken by tho
commission, my view of the order was
that the only power It gave to the com
mission was to open the boxes at tho
places where they were kept, under tho
law of this state", and there remove
their contents and after sealing them
up in separate packages to deliver
them into tho custody of the clerk of
the federal court. Tho object of the
bill was to restrain the commissioners
from taking the ballot boxes them
selves and depositing them with some
custodian In the federal building. That
I regard as mere confiscation of tho
property of tho state."
Judge Kellys View.
Judge Kelly then made a short state
ment of his view of the case. It wns
prima facie, he said, an injunction to
restrain the commissioners from per
forming the duties required of them by
virtue of an order of tho United States
District court. "If wo granted the In
junction," he continued, "Cvo would be
nullifying and reviewing the judgment
of the district court. 1 would not as
sume, in an application for a prelimin
ary injunction, that the United States
court issued an older It had no right
to issue. There Is a i-ort of comity be
tween couits which implies that they
shall support, rather than lesist, one
another, and I would only feel war
EEKZU2i22tt3KE3SSIE2
THE PRENDERGAST STORE.
Mjiuiwiniiiw jjWJwraTHBuiJjj.ji.JUJBUPt mrumj'u
DECEMBER
IS
24
iristmas
,6a J
w vus rt -''i.vwjri rn-f n
tut vffi'jwnr
n
1ARLES DANA
f"1? 3S
uiDsons
no
Wi
iirorar" U k If
AND
We have the exclusive sale of these
and will exhibit today 200 signed draw
ings representing about 40 subjects
many new ones and all the Calendars
we can get for this year just double
we had last year.
Orders for Gibson Calendars by mail or
telephone will be received do this at once
as we can not duplicate.
Also new books of Drawings by I
Gibson and Remington.
New Portfolio of 7 Sketches
by Different Artists - - -
A
R. E. Prendergasf,
Scranton's Stationery Store,
, 207 Washington flue,f Scranton, Pa,
ranted Hi saying Hint tho United States
court had rxeceded Its powers, after a
full mid coiiipleto hearing of tho case."
Mr. Bnlcntlno ' took nn exception to
Hid decision of tho court. Tho refusal
of the Injunction had prevented a most
unpleasant conflict between the local
and federal court that could only have
a bad effect and tend to most distress
ing results. It would place the com
missioners In tho position of having to
refuse to obey the order of some ono of
tho two courts, nnd thereby place
themselves in contempt.
Tho commlssloneis wont to Wlnton
yesterday afternoon and brought In tho
ballot boxes of tho three wards of that
borough. They were delivered to Clerk
Searle In the federal building tit 5.S0
lust evening.
IS AN OLD OFFENDER.
Former Convict Saw Morgan in
Trenton Ponitcntiary Was There
Under the Name of vJones.
There scorns to bo no question but
that Frederick Morgan, who was sen
tenced to twelve and a half years'
Imprisonment for forgery on Tuesday,
is an old offender and ox-convict. Ono
of tho keepers at tho county jail said
Inst night that Charles Kuhlmnn, re
cently sent to tho penitentiary for
breaking into tho Ablngton Dairy
company's oflicd, knew Morgan.
Kuhlman said that he saw him at
the penitentiary in Trenton where he
(Morgan) was serving a sentence un
der tho name of Tom Jones. Kuhlman
was positive that Morgan was thl man.
Morgan takes his ldng sentence philo
sophically and doesn't appear to be In
th'e least worried at the project
ahead of him.
Morgan Is engaged in writing a let
ter to Judge New comb, In which he
will endeavor to convince th judge
that his sentence is too severe.
2222325S22C
w-.L': u. .j. r w
More
13!
Shopping
a
20 i
Days
?'"r'rri
9
IMrtSQ,
V wiy W'
ARS
FREDERICK MORGAN. I T" 1 i
Only
ttjJy
Tho DcBt Christmas Present
Is a copy ofia homo paper lo the meni
bers of the family who have loft tho
home nest. It will be a dally letter
from 'those they love best and will en
able them to bo fully conversant with
nit the happenings In the dear old towit.
Tho Tribune hns more local news' thnh
nliy other Scranton paper nnd would be
appreciated. Adv.
Plan to buy foiuo of your Christmas
gifts nt the Ponn nvenuo Daptlat church
parlors Thursday afternoon and even
ing, December It. Orchestra and re
freshments hi tho evening.
1KZ2KESBBI:
SUSPENDERS
50c.
We begin the holi
day suspender prices
at 50c. that's better
than New York prices
tor the same quality of
Suspenders each pair
boxed in single boxes.
A very showy and
desirable gift other
grades $1. and up.
ZanesvilSe
y
we particularly invite
your Inspection of our
xmas display op zanes
vllle pottery. unique in
design, exquisit- in col
ORING. R
6 riff In Art Shop
211 Washington Ave.
t. . 3 S t & t. t V. V. V. Jf t. s V. n $ W
! A Christmas Gift I
Jr.
That Is an ornament, a luxury and a necessity is a 'fine Umbrella ,
itii4a liaoa In Ul nltif Cnnt.1 lnrlnmvian(c Vr aitnct VM1F CWnRf nttMT X
Si ." - v -I
; before we are overcrowded.
X
St
a"
tc
a
a"
tFfi
UR UMBRELLAS
need no praise, as
lo our handles.
ve carry the entire sample
line of the largest house in
this country. That is why
they are at once fine in de
sign and reascnoble in price.
n
ti
a
tf3 ;; !:".! t? n ;: : i vi ".i tq u "
nr
e fat
a
kt
ang
Advance 0
Christy Calendars
Gibson Calendars
Pierce Calendars
Hurlbut Calendars
The above lines are limited in numbers, as the sub
jects are entirely new. No Old Stock.
REYNOLDS
Established
I860
i o Jwo wlilllw
It Is often a source of great satisfaction to purchasers to be able ti
make their own selection of shins for garments, We are now lnth.
exclusive fur business, and prepared to shew you a largo line cf ths fol
lowing high-grade furs ;
ALASKA SEAL
PERSIAN" LAMB
BROADTAIL
ERMINE
RUSSIAN SABLE
HUDSON BAY SABLE
MINK CHINCHILLA
BLACK LYNX
BLUE LYNX
Remodeling ami Repairing
Is Given Special Attention.
324 Lackawanna Avenue,
- V. & '
BE UP-TO-DATE
By having your .horses
shod with a good
: Removable Calk
We have both the
NEVERSLIP and
WILLIAMS CALKS
t Bittenbender & t
f 126-128 Franklin Ave.
.
WHO?
WHO?
Buy your Shoes, Rubbers nnd
Slippers at
NETTLETON'S
and get a key to the Red Box
which contains $20.00.
The right key gets the
$20.00
He gives Trading Stamps)
134 Washington Ave.
Opposite Connell Building.
M
3
Lawyers
The Tribune will guarantee to print
your paper book quicker than any oth
er printing house in the city.
J o'-
.
r tt'y g
WHO?
THE niost reliable house In
SCRANTON to buy an excellent
UMBRELLA at reasonable prices; all
Jl'F'G and recovering done, by this
CO. is guaranteed for one year.
.
ft
ft
ft
ft
ft
ft
ft
m
K Silverman, Prop.
313 Spruce St.
a 4 ft 11 a "a it 'a 'a " 'a K a Si 'a
A
BROS. Sr"
Scrapton ,jr
.?;
JV
High-Class
Purs
BAUM MAKTEN
BTONE .MABTEN
BLACK MARTEir
ISABELLA EOX
SABLE FOX
WHITE FOX
BLUE FOX
BLACK FOX, "'
BEAU
I 1
Cash Paid for
Raw Furs.
refers for