u u
Somerset Heralc
I
; Ed
it. BCCLL. Editor.
is serving
A number of the citizens of Garrett are
trying to raise a colony to locate at some
point in the west
Slewr. Charles and Albert Herr. of Petro
lia, ani Joe E. Herr, f Oil City, were in
Somroet lal week.
?V ;'"-l'fiJi 'i-.? -- Mr. F. E. I'atton, General Ag
Vr Criy ''i'if, ? fCincinnti. Washington an J Kail
v r 7 fV' I rd. was BomerMrt over Sand;
'iv2-:- . .
UiPal-
.January. WM-
Agent of the
imore RaiJ-
Sanday.
:;,XJTtie tables.
arraneement. srhleh went
inter ... V-llruad OD
I B ,N tWUV. ... . fc. .
.ir' iVr h. trains will ran ivr iu
'ninrlB Braneh a follows;
J.ilinftB SlaH
fcjure
. Br'1 1-
7 A
74
7 4
1.1
a -a
vuu i
1215
ti 40
1 0.1
1.12
l.Vi
10
Somerset
Ace
i 15
44
r. v.
Councilman H. O. Cnnninpuatu has been
suffering lor some time with an attack of
rheuniati.tu. He is able to be about.
Mr. A. A. P:u'.mati, late Register and Re
corder of Somerset eotinty, with his son, was
in town this morning Jolinrtiivn Tribune.
Miss Belle Kimmell. who has been visit
iug for several months ia New York, Phila-
delphia, Heading, Chamlerbarg and other
eastern cities, returned home Friday even
ing.
Jupobtaktt XoTrcE. Eecher, the popular
clothier, intends making a great change in
business, and ia order to close out the im
mense slock thai he has now on hand, he
will sell from now untjl March 13:h, each
and every article in his store at and below
cost. Anybody in need of a suit, overcoat,
bat, cap, shirt, child's suit, or anything in
the clothing line should avail themselves of
ibis rare opportunity, as these goods must
be sold out by March 15, is$ti. Come one.
corneal!, to B. Bechek, Jil,
The Fopular Clothier,
Somerset, Pa.
Deputy Collector J. W. Tate, who came so
near being drowned in ulaJden's run last
week, is still confined to his bed from the
tlTtxta of the bruises and ducking.
Arrangements have been made by the
members of the Bar to give a banquet at one
of the hotels this (Wednesday) evening, as
mark of their esteem for Judges Johnson
and Baer.
- IVTH IWT-TiU TRAINS.
S(TO'-rel
Aee-
Hullo.
Mull
s.aua 1 "Or..
Kockw'd
Ace.
.. A .
- l'".-VhET. 4,00
10 Hi
M
1M.SU
!.
11 06
11.80
prTTSBVBGH KIT.
west iorr.
Express
3 25
S to
IS2
4.0
4.26
4.ii
B.IO.
MaU
00ra
Somerset Boronch returns $189,M6 of
' money at interest, the largest amount re
turned by any Borough or Township in the
County. Cur.emaugh follows very closely,
with $lfil.5v.'.
On Sunday afternoon the pie on one of
the stoves in the Disciple meeting house
fell d'iwn, filling the church with smuke
and soot. Services were held in the Sunday
school room in the evening.
.. 3.4 A.
Cum'J
Are.
4 r . 5i am
7.J 2.30
. p,.f nh..
EAST BOf Nil.
Mall Express
.. ess a. m. 9 "XT
Cum d
At-e.
. 1.10 ru
4.13
',,:'I.;aidrP'tcosttBecUer,a.
''rfC fl,r ij at Fisher's Book Store.
" . .r i i liave furDitare factoTy-
V-,.rar t and below cist at Beclier's.
'Uitimatea in the Westmore-
'V.t..y -seven persons died in Greensburg
i.lothier, is olTi-ring the great
,;j ever seen in Somerset.
books settled up. To save
in. at
J. B. Snvpeh & Co's.
is tl' ti!" fl,r ove"'oa'8- 1,Prhcr
., ,.1,1 line in town, and is selling
:r,!.nJ lK-1-wcost.
' avilii" 'n tl,e dry Es line
!t v J .wo in l'rit'f- at
1 J. 15. Snydkb & Co s.
t. r 1 Ittai-hv, lU-niist, is nu m c-"
. r, ,.Uanbeseen for a short time
V . Pen'ai Konms at the Central Hotel
-1 irtserration of the nstnral teeth a spec-
i-i ru.rmiVnowine themselves
.. ',,, will pleae call and settle
hrch or note.
J. B. Ssvdi:b it Co.
r tSre.-A pw' frm containing nine-
(.,-., -n, one nulesnninwrsi irniu
.. rfty acw of which are clear, and
' ., fn tiinhfr. Frame home, barn
Vr!,lin!!s. One of the most desira-
,:. . in $. niter township. For terms
f ."J: ..n or addres Oeorg IU Scull, Som-r-L
ft. A!' undi-rlaid with roal.
... v.icFt. Main Street. We have
.ha. -
-r .1 a lanre Kefrigeratoi to our Meat
j -u in which all meats can be kept coo1
, '.i:.. y-nf.n. Beef, Tork, Ac, kept
..;, hand. Own daily. Tartie
! - c n .'(! can have it kej.t in the Itefrig-
rir until anted.
Ross Davis A Co.
VIsH: FISH!! FISH!!!
Tct'jr-n'iw in stock a s!iipment of late
..... Fr.-!. Mii-kcrcl Fish, consisting of
pjrt. ila'.vM. yuartcrs and Tails, (quality
id w-:z1.ts guaranteed,) at prices lower
;;m fvfrhpt'ire. Potatoes, Oats, Bacon and
t .'0.,i'!iv pnnluce taken in exchange.
Took t Beerits.
Hi Y"i (Jiiish Wist? Information fur
: .. -J frw to prrsins going West. Peserip
: r t tnip.tali'.ej of the principal railroads in
fr.itM States and Canada furnished
f . Tn 5iire the lowest rates of through
The I'ennsylvania and Balto and Ohio
Railroad Companies have joined in issuing
a circular, in which they announce no
mere passes to shippers. Sun k drovers in
charge of stock are included and will not
be pa-ed home again.
Mr. C. X. Boyd left on Monday last for a
trip to Florida- Some relatives of his own
valuable orange groves in that State, and C.
X is going down to watch them harvestudi
of the crops as the biizzird of last week fail
ed to freeze. He will he absent about a
month.
Mr. Charies H. Fisher, member of the
Democratic Stale Committee, left for Harris
burg this, Tuesday morning, to be present
at the meeting of the Committee. If there
is to he a Kilkenny fi.;ht between the Ran
dall and Wallace factions, Mr. F. wants to
be in at the death.
Frank Derr, the Imliana lanuiord who
has been selling liquor without license in
dfCance of law, has heen found guilty on
sixteen counts, and on nine of these he has
been sentenced to pay over $1.4' 0 in fines.
He will board in jail three mouths rather
than pay the fines.
The Philadelphia Jlrrnld publishes an edi
torial article favoring the nomination of
Cliauticey F. lilac as the Democratic can
didate fir Governor. It says of him that he
was " bom ai.d raised in York county,"
which will be news to Chauncey and his
maiiv Somerset friends.
The annual meeting of the Pennsylvania
Suite Board of Agriculture will be held in
Harrisburg on Wednesday and Thursday,
January 27i'i and tli. The programme
fir the meeting as pulilUlieo, indicates that
many subjects of vital interest to farmers
and stock-raisers will be discussed.
Judge Baer's remarks in regard to oaths
and allirmations. delivered at the last term
of Court, and published in the IIkbald.
have been extensively copied by the press
ol the S'ate, and universally commended.
In sjieaking oi the metier, the Washington
(jlw-nct says: " Judge Baer s head ia as level
as a lake in a calm."
Mrs. Mary Herr, widow of the late Joseph
Ilerr, died at hi r home on Main street at an
early hour on Thursday morning. At the
time of her death Mrs. Herr was within a i power and by
Mr. Sydney R. Brooks, the celebrated lock
picker, is in town and stopping at the Glade
Ilonse. He says be can " go through " any
lock that was ever made to open with a key,
and we believe him. All he needs is a sim
ple wire, or three or four common wooden
tooth-picks to open ihc best lock made. lie
is the agent for LaufiVr &. Co. 'a Alarm Lock,
which vpcraU'S without a key. He will be
in Somerset several weeks for the purpose of
Introducing his patent, aud employing
ageuta. Persotis interested in locks will do
well to call upon Mr. Brooks. j
Court convened on Monday afternoon,
with Judge Johnston, of Cambria countr,
presiding. Courteous, mivs. prompt and
firm. Judge Johnston is winning golden en
comiums from members of the bar, jurors
and suitors. The only cases tried up to
noon Tuesday, were the cases ot Philip
Smith use of Isaac Htigus vs. Abraham
Faith, and Ann M Lindsey vs. Jeremiah S
Black, with notice to Wm. B. CofTrotb and
Emanuel Liuhty terre tenants. Both cases
were old-timers, the one dating back about
fifty, aud the other about thirty years. In
the first case a verdict was rendered in favor
of the Plaintiff for $10 0 ; in the sceond a
verdict was taken for Defendants.
Vick's Floral Guide for lKsC, the pioneer
seed annual ot America, comes to us this
year a real gem, not a dry list of hard bo
tanical names, but over thirty pages of read
ing matter, among which are articles en
Roses, House Plants, Cheap Greenhouse,
Onion Culture, Mushrooms, Manures.
Young Gardeners and other interesting read
ing , followed by about l' pages containing
illustrations, descriptions and prices seem
ingly everything the heart could desire in
the lineol sed.l", plants, bulbs, potatoes, Ac.
It is a mystery how this linn can afford to
publish, and really give a-vay, this beautiful
work of nearly tTXl pages of fines' paper, with
hundreds of illustrations and two line Col
ored Plates, all enclosed in an elegant cov
er. Any one desiring goods in' this line can
not do better than send ten cents for the
Floral Guide, to James Vick, Seedruan,
Buchester. X. Y. Deduct the 10 cents from
first ordiir sent for seeds.
Mrs. James Smith, the wife of a colored
man employed at the Standard mines, near
Mt. Pleasant, has become insane and has
had to be sent to an asylum, through the
deviltry of white woman, a fortune-teller.
Many culored people believe in witchcraft,
and nearly all in fortune-telling. Sometime
last summer .Mrs. Smilh visitei an alleged
seer w ho resides in a house of unsavory rep
utation in the west end of Mt. Pleasant.
The fortune teller examined the hands of
her patron, noting carefully the various
lines , and resorted to the old charm with
c.jlTcegroiinds. She did not give vtjv much
information the first time, but said she bad
much to tell her that would be of great iu
lerest, provided more money was forthcom
ing. Whin informed by the colored wo
man that she had no more cash, the fortun
teller offered to take dry g'xxls, groceries, or
anything she might furnish her from the
company store a' the works where her hus
band was employed Mrs.Sinith purchased
muslin, calico, and mimt rotis other articles
on the credit of htr husband, in order to
have more of her future revealed. The fortune-teller
had the colored woman in her
her cunning secured nearly
f i t t!,e luwe-t passenger rates to any
r.-t or south and to co over the
r -t lirn t sad best route. B'idress.
J. W. Patton.
T-i-diti: Tas. Agent, B. A O. R. R.,
Somerset , Pa.
it B v,!'; Pn:g Store yon can buy.
Mo Powder, Fine Cigars,
T-:rti.'KHls. Cuncb Cigarettes.
!'j;:i Mirrors, Menthol Tencils
i.i r (Ves, Rough on Corns,
I! v-J Tapers, Acid Phosphate.
T:VC-.!nr, Insect Powder,
! !! lyes, Trusses A Braces.
Ni'arIo, Surgical Goods,
Frp it'.a-""', at low pi ices.
If: want a cheap fur cap, or anvthine
:t:Ur.!p.irlul line, now is a good time to
t T.it J 11. Snyder A tVs.
lSKlt
!tt'i:istlieve:irl-'i I will maintain my
tfr!:ta'' n fr selling good eoods at the l.tw
fct f'-m. have crest bsresins in dry
I ".i- roii..n ,Vr. and am cloinc my ladies
ltd children", wraps, underwear, winter
P A. rn.-t
Tdcif ual hsntains of the season in Cali
" Mudins.flingr-.ams, Table Linens Em
tr ic, to r!oe nut to make room for
T-,rt i,K Prices will always be as low
r,t :n inaay eases lower than elsewhere.
Iks. A. E. I nt.,
Tie c inmifsioners will not travel over
ii'inty to hold tax appeal" ttiis year.
r; peah will b held in thef-ffieeat Bed
M and all dissatisfied persons will be
"4tH to cr.mel ere. The commissioners
M i conference with the county auditors
Friday last, for the purjxwe of discussing
'"-atnition. The auditors state.! that they
r,M hrm the ,aw wo,)(j rieTrnjt
--tola allowing the commissioners their
tirfiintt expense.. After due considera
. foromissioners Barkman and Diehl
Ktf-u in travel over the county as hereto-l'"i'-ii
y their own expenses. Commis
;T,ermtfr .,;,) not agree to this and it
u.M fdi thronch.as the consent of all
doners was necessary. Gazette.
B'vt jor a Si.rn.H -Do yon want a
"o yoiiTie nian ran afford to do
are offered
niprset It A
! Mi cuit.f an onf 0f ,jie n)0f t
,,v' nta.le. It has white elm
i' fe:,eelm or second growth hickory
a'ms hent and spliceil in
roni grnwtli biekorv shafts, is iron
' ". !1 wmiv.lo k u f .i
' "'(UTT, itiitii:iii . aim
r", 1?nw- l"e. hnndsomelv painted
"'merited ia finished with the best
plash or bmssels carpet trimmed.
, ?f '"8 5,,,r,!'- '"""tiered and tipped.and
,lll'l!e chimes, rut. Mank.ts
A c
Klymirelii.iee.
JMI8 B. HoI.r.IBBAI-51.
i"-'nrD I.rrTitM -The following lot-
' 'ti,JU:n, ; ,, . ......
r .u j ..ii.jnceai rximerset.
"-"t to tIlf i,, Uttrr Office, if not
W or tf ,re Febrnarv 1. 1S:
Makle, Miss Clara
-Miner, .H
Miller, Uvt
Mitchell. Hiarles
Xedrow, Thomas
Rishcherger, Miss EG.
Minll. Miss P. D.
frhropp, ( "Y.
T) Titlow. M. K .
Weimer. Matthias !
Wa'iker. Moser
oang. Rev. M. L.
Vounkin, Wm.
roTALg. '" '
-'".Lit!, M, the pride they i
,:'r harnre ,tore in Somerse
few months of being seventy years of age.
A loving and indulgent mother, a kind
neighbor and a sincere friend, she endeared
herself to all who knew her.
Friend Gideon Bowman, of Northampton
township called to exchange the compli
ments of the seaop, Wednesday. He told
of a dandv shot, his son E. G made, during
the hunting season. One ball brought down
two fine wild turkeys, one for E. G. and one
for the Hfru.ii. but unfortunately for us
the Hi Bttn's failed to mich us.
Mr. Ephraim Shat;!i. who eighteen years
ago left Somerset township for Black Hawk
connty. Iowa, where he has since resided,
is at present visitine relatives and friends in
this county. Mr Phaulis called at the Hfr
Ai.n oflW Thursday, and while here renew
ed his subscription, remarking that he had
been a regular snbscriber to the Herald for
over thirty years, and that the older he grew
the better he liked it.
Notwithstanding the cold weather, the
ennreh peorile are determined to make it
warm for his sn'amc majesty in this section.
A protracted meeting has been in progress
at the Metzler C't'lirch by the T'rited Breth
ren fir soveral weeks. They have a
larje nnn.l er of Vers atrer truth, and
quite a number of members have been add
ed to the chnr.-h. The Methodists of town
eommenred a protracted meeting on Tliurs
dsv, and the Disciples expjet to commence
I meeting next month.
Mr. Will J. Burns, who served for consid
erable time as telegraph operator at Rock
wood, was killed at Newark, Ohio, on Sun
day evening, while attempting to cross the
track in front of a " shifter." Mr. Burns
was a step-son of Mr. J R Irwin, and when
the latter was appointed to a position on one
of the P. and O.'s Ohio divisions, he accom
panied him. About two years aco Mr.
Burns was married to Miss Lou Bingaman,
a niece of Mr. and Mrs. W. J. Jones. The
young wife and mother has the sympathy
of all.
Commissioner's Clerk Hilenian. with the
assistance of Wm. M Schrcck, has almost
completed his job of fooling up the assess
ments of the various townshijis. The work
shows that Somerset Borough returns more
household proierty for ta jution than all the
balance of the county combined. Somerset
Borough returns personal property to the
extent iffpi720; Meyersdale, $ti 2V- Ber
lin, $1,715: Somerset Township. Wi5; Elk
Lick. $400; Brothersvailey. $."i0 ; Addison,
$.30; New Ccntreville, $0; Salisbury.
$700; Confluence, $1,400.
all the hard earnings of Smith tor several
months. Finally Mrs Smith was informed
by theseeress that if $15 in cash was not
furnished by a certain day the cards would
be turned down on ber, and when the cards
were once turned on any person, they
would never have any peace on earth here
after; that their nearest friends would
spurn them like viers, and nothing but ill
luck would follow tbein to the grave. Such
a declaration as this friglitcneu the colored
w jman and she made every effort to raise the
money, hut failed. Through fear that the
threat of the fortune-teller would come true
she lost her reason. Her first act was an
attempt to burn the furniture and bedding
in the house. She finally oecaine so vio
lent that it was tieces.-ary to place her in the
insane department at the county home.
The Great Institute. All who had the
(rood fortune to he present at the las Coun
ty Insfitu'e are lond in its praise. It re
mains to disenss it from a professional point
of view, which may be done somewhit after
this fashion :
1. The uree oflhn Conntv Ins'itute is
something wonderful. Out of Ihe 2o0 teach
ers of the county, many of them inexperi
enced and cenera'ly ill-paid, fully nine
tenths were in attendance. What county
can make a betterhowinc than this?
2. The array of spectators who helped to
swell the attendance heloneed to the best el
ements of society, and could scarcely have
been surpased elsewhere in qeneral intelli
gence and rnlture. yet nearly all the speak
ing was done by the teachers and directors
of public schools.
3. The speeches. the reports read before the
Institute, and the reports of the proceedings
published in the papers of the county, all
the work of prominent teachers, are so
mnny proofs that the leadership in the
work of education is in competent hands.
4. As to the general mnkc-nn of the rank
and hie, the popular vrdict is on record
in the inimitable rsncuare of Mr. Pcnll, in
the HfBu.k of January . Every teacher
should preserve a copv of the paper as a
memento of the great Institute. He says:
"There has been a wonderful chamre in the
appearance of the teachers that attend the
Institute. Their fivexare more intelligent,
they are neater. triinmr. nattier, and better
dressed each year The girls weir their
store clothes as if they were accustomed to
and enjoyed them, anl the hand-me-down
and tailor mmlesnits of the young men fit
them and are j-'rf on, not hung on as if they
were on pegs." j
.r. The value nf these Institutes consists
not alone in whst they tach, but still more j
probably in what they suggest Our young
people want the training of good literary so- J
cicties. The silent members of the late in
stitute seem to recognize this want, and are
already organizing in local Institutes where
all can be workers.
I o. l ne aosenrees n-w as toey were, cer
i tainly missed a rttre treat, and if their ab
i sencc was uravoidaMs, are entitled to our
HLteBAUD Items.
The recent cold spell was undoubtedly the
severest we have, bad in many years.
The farmers in this community are busy
hauling coal, lime, etc., tor the past week.
Mr. Charles H. Miller recently sold his
fine team of horses, and realized a handsome
price for them. Mr. Miller is the owner of
some of the best burses in the neighborhood
There was a celling school at this place
last Thursday evening, which was a grand
success. The exercises of the evening were
interspersed witn readings, declamations,
queries and music, all of which was ren
dered iu a most satisfactory manner. A
very large crowd was in attendance, and
much interest was manifested in the exer
cises, and the good spelling by the scholars
shows that this school has made marked
progress. The teacher and scholars deserve
much credit for the manner iu which it was
oular.eL Mountaineer.
THE SOUTH PENN CASE
FflLL TEXT OF JUDGE SIMONTON'S decision
ENJOINING THE TRANSFER. -j
Court convened on Mondaymoming, Jan
nary 11, 18 5, Judges Baer, Collins and Sny
der presiding. The following cases were dis
posed oft
William T. Wallace vsr Andrew J. Holli
day. No. 118 August term, 18S1. Eject
ment. 13th January ISStf jury return a ver
dict finding for the Plaintiff for thf land
mentioned in the writ except 87 acres and
149 perches of the tract of land warranted in
the name of Joseph Hood, upon which the
buildings are erected, and as shown by the
draft of the artist which was in evidence and
is on file in tins case. Verdict filed.
Pearson Lohr vs. Somerset and Cambria
Railroad Company. No. 171 January Term
1SS3. Trespass, ltth December 1884 eriiot
in favor of plaintiff for $5i0; 6th July lSSo,
new trial granted. This case, by agreement,
was to have been tried by reading the sten
ographer's notes, as per agreement of coun
sel. It was impossible to have the notes at
this term, and by consent the case was con
tinued generally, to be put on the list for
second week in May.
The Trustees of the Mt. Zion Church in
Allegheny Township vs. Samuel Walker
No. 07 September term, 1834. Ejectment.
Jury return a verdict for Defendant, the
same being taken by order of the Court.
Elizabeth Logan late Elizabeth Lint, vs.
Franklin Friedline. No. 197 November
term, lteX Ejectment, Jury return a ver
dict for the Defendant.
The Commonwealth of Pennsylvania ex
rtl P. W. Trimpey vs. Deitricli Trimpey.
No. 298 September term, 1H85. Petitition
rft iino iiuuirendo. 2d September, 18S5 in'
uisitiou filed ; same day inquest filed.
Jury return a verdict for Defendant.
Jacob Lenhart and Solomon Lenhart vs
Edward McDowell and Adella McDowell,
bis wife. No. 170 September Term, 1384
oci Fa sur Mechanics Lien. Defendants
confess judgment for $400 and costs, 15th of
January, 1830.
A. J. Moon vs. Max Schweioentz P. II
Sehweibentz. Joseph Ileinen, Chas. Perkins
and J Jeffries, No. S December Term, 1884
(Trespass q. c. f.) This case per agreement
to abide result of suit for damages under
statute.
All the other cases on the list were either
settled or continued.
ROAD AND II P. I HO E VIEWS.
The following petitions for viewers to view
the sites for road and bridge views were
presented and acted on by the Court t
A petition for viewers for a bridge over
Shade creek at the place where the public
highway leading from Shade Furnace to
Scalp Level crosses said creek, on the line
between Shade aiid Paint townships. The
Court appointed the following viewerst John
Witt, Adam Grimm and Benj. Bowman.
A petition for viewers for a road Troin a
point on the Stoyestown and Greensburg
tnrnpike. near Frank Berkey's. in Jenner
town to a point on the Johnstown and Som
erset turnpike, near Sipe's school-house, in
Jen tier township. The Court appointed the
following viewers: Wm. M. 8chrock, Da
vid Barnhart and Wm. Shaffer.
The Court confirmed the report of the
viewers, viz: J. D. Swank. Hiram Hoffman
and Isaac Ynder, fixing the site for a bridge
over Dark Shade Creek at Reitz's Mill, in
Shade township.
' leplete outfit. Call early
' ft,,'
f-ClTin
Eizahuli
, "". a. i
'"""t-toVn "
The annual report of the Board of County
Anditors of the accounts of the Poor Board,
is nearly completed, but is not yet signed.
the Auditors desiring to make a final exam
ination of the books. The expenses are di-1
vided into five classes, and these subdivided
into one hundred and four hcidings. We
. . . . !. sympathy. Indeed no better holidav pres-
Auditor s crk. for the footings as they now , en, r,inl,, h(1 lo , (eacher
son tii l et, hacked with green, for the "Great
i...i ' ... i.,i...i . tr o- .
FrmrTiimoreesotherthsn from tax . S-8 la ; '-4.,u, ei-
i'rtm County UummUsiotiers, per order ... 7 9 . 'er.
Total t 8472 9 -And now, fellow Teachers. let me address
fcXPENMTT'EFS. j yon on another subject. The lxwa of the
For expense, ete onna d for year 1884. ... v 17 ! Slate make it ronr duty to teach Physiology.
I i up 1,,'jin in hip law is to ennst me yonng ,
iiL. o. ' ,n hiky-war which thev must soon
"iL .! ...... . .
I neip us in rvm rnrongn, anil in wlilcli ttie
KfcCF.IPTS.
For niil!itenane of pauper etiUIde of
A!mh'.ii. in HnspitKl. ete
For expanses ot Poor Hons proper
For 'arm expenses, Ineluiltnu $1120 90 par
chsse nnn.y.. .......... ..... ..........
Fr eroianf nt Improvements and repairs.
For extraordinary expenses...
For salaries
Total - $s: i j Teuierar.ce column published, bj tbem n (
1 lie estimate tor the year just clased wt the county papers. U wilj help you, in, yoijr
?12.0(o. Owing to the suspension Jof wora j work. Do your duty faithfully in this mat
on the Sonth Pen n Railroad the expences ter, that when your beads are white like
a ere so much smaller than had been rt-, mine, you mav have the satisfaction of
7 ; , ....-..,
67 U cored the lavage of the law, are actively
7M w j engaged. Read and call attention to the
I by W.T7n.!
! A
mm.
; level of the common loafer or the mater
numU r of claims for small amounts vnllnixr thmiiirh anv neclect of vonrs.
'were thrown aside by the Anditors. A; I purpcselv omit the "Prof." in sneaklnir
.. . . r-
statexl case covering them was made by the of the tea?hrs not from any want of re
Counsel to the Poor Board and submitted ' specf, by any means, but because, as. U
to the Court. Some of the item were al-! commonly used, ft has ceased to be respec
lowed, and others the Auditors were in-; table. Like olber honorary titles it has got
t H that 1 1 Pnnp Tl . nl I, a.l t I ln.n I.. T n.1.11
. J ..... .. ..... . . - . -. u .. . . -. m M 1 1 1 1 I I .1 . t V -1 1 1 r 1 W . 1 , . ItliOIlTTS a Till ii t: n
Afror ... : rnoTH, P. V. thority to pay. The Auditors are' making barbers have taken it nn. As for me 1 nr-
ctrst, at " Wi" '1 V i c,",ful and close inspection, and'report fer the t. tie given me by the pupils ol the
(that they find the accounts of the Directors, old Normal, and subscribe mvself
J-B.SsTDnt&Co's. in good shape. ,1 " Tscxt Job.
'T- Hio,i,
.'""t-S.
Jax.bs. Per. J. F.
ilurphy. J. B. Co.
S'idrr, Hiram
Walk is tuk Box The following nam
ed persons have been drawn to serve as
Grand and Traverse Jurors at February
Term of Court, beginning Monday, Februa
ry 22. 1S8G t
cbaxp jrsoBs V
Berlin Borough Samuel Imhoff.
Krothersvalley Eli Walker.
Conemaugh I-evi L. Y'oder, Joseph Ott.
Confluence Borough Simon Groff.
Jen ner Peter J. O'Connor, Aaron E.
Shaffer.
Jennertown Borongh Henry Ranch.
New Centreville Borongh Aaron Will
Northampton Herman Martz.
Paint Alfred Gaghacan.
Quemahoning Aaron Barndt, John Ham
mer, Jacob J. koonti. Peter Koontz.
Shade Aaion Berkeybile, Howard Rich
ardson. Somerset Boronch D. H. Bachus, El
wood Rice, Curtis K. Grove.
Somerset J. F. Beachy, Samuel Fox, Gil
lian Koontz.
Wellershnnr Boronch El? Uhl.
TKA VFKSE JURORS FIRST WKFK.
Addison Chauncey Tressler, William
Frey, 9a n ford Landiman. C. B. HoIIiday.
Berlin Borough John HefHey."
Conemaugh Levi J. Berkey.
Confluence- Frank B Sloan.
Greenville Jacob J. Lint.
Jefferson John M. Kimmell. George
Berker.
Larimer Jacob Geiger.
Middlecreek Austin W. Miller.
Meyersdale Borough William Henley,
Calvin Beal.
Mi ford Albert G. Will. James P. Mey.
ers. rredenck Brant, Henry Frease, James
M. Meyers. j
Northampton Simon Bowman, Samuel
Ponrbioeh. George A. Kamerer.
Quemahoning Calvin Baush.
Sha le Jobn Reel, Jacob McGrecor.
Somerset Borough Harry L. Saylor, C.
F. Rhoads..
Somerset Albert Seibert, Jacob B-. Conn-
trvman, Joseph Horner, Eli Bowman, Wm.
N.Trent.
Southampton Millard Lepley.
Summit David Lindaman.
Stonycreek Jefferson Will.
Vpper Turkey foot Jeremiah Snyder, Hi
ram Cramer, Abraham Peck.
TK WKBSE JFBORS SKCOKD WEEK.
Addison David Mitchell, F.Hia Largent.
Harrison Turney.
Allegheny Alonzo Hartman.
Brothersvalley Jeremiah J. Brant.
Conemaugh Robert Croyle. Ephraim
Swank.
Confluence Borough Walter Mountain.
Elk Lick Jacob Thomas. Samuel Cretch-
man.
Jefferson Daniel Maul. John J,. Bow
man. Jenner Edward Gonder, Abraham Bie
secker. Worth Picking.
Larimer Peter Weimer.'
Meyersdale Borough John H. Bisel.
Milford Alexaader Sterner, Francis Shau
lis, James Meyers.
New Baltimore Boronch L. B. Smith
Paint Simon Geisel, David, C Qt,t, Johq
Hershberger.
Quemahoning W. II. S.ud. Aaron
Blough, Jeremiah Berker, William J. Di
ges, George CJark.
bomerset Borough Charles Hoffman.
Somerset Henry Pritts, L. H. Aoroan,
Jerome Fritz.
Southampton Andrew Kennel!.
Stonycreek Samuel Grove. '
Summit Cornelius Shoemaker..
Upper Turkey foot Peter P. Raynian.
Ursina Borough A. W. Walter.
Haei8bveo. Pa., January 15, 1885.
Judge Siinonton, of the Danphin county
courts, to-day rendered a decision in the ac
tion brought by the Attorney General on be
half of the State some months ago to restrain
the Pennsylvania Railroad Company from
securing control of the projected Boath
Pennsylvania and the Beech Creek lines, on
the ground, among other Jthings that such
acts were in violation of the Constitution of
the State, which forbids the consolidation of
parallel or competing lines.
In the first instance, it is maintained that
the South Pennsylvania is a competing rail
road, because of its contracts with other
roads at iu western terminus, whereby all
traffic would be transported from Port Perry
to Pittsburgh, making it a competing line
with the Pennsylvania Railroad Company ;
before completion it is a parallel, bat after
completion it is a competing road. Follow
ing is a full text of the decision :
object or TBI sen.
This is a suit brought by the Attorney
General in the name of and on behalf of the
Commonwealth of Pennsylvania for the
purpose of obtaining an injunction to re
strain the Pennsylvania Railroad Company
from obtaining and exercising control of
the South Pennsylvania Ruilroad Company
The theory of the case is that the acts sought
to be enjoined are prohibited by section 4 of
Article XVII. of the Constitution of 1874.
Uu the filing of the bill a preliminary in
junction was awarded. Afterwards on the
application of the Attorney-General an ex
aminer was appointed to take testimony to
be used on the hearing of a motion to con
tinue the injunction. A large mass of testi
mony was taken and filed, tbe motion was
elaborately and ably argued and we are now
to determine whether tbe injunction is to
be dissolved, or to be continued until the
final hearing.
The substance of the case made by the
bill is that tbe Pennsylvania Railroad Com
pany own and control parallel or competing
lines of railroad ; that tbe former corpora
tion is about to obtain and exercise control
of the latter, and that it is prohibited from
so doing by the section of the Constitution
above referred to, which ordains as follows :
WNo railroad, canal or other corporation, or
tbe lessee, purchasers or managers of any
ruilroad or canal corporation, shall consoli
date the stock, property or franchises of such
corporation with, or lease, or purchase the
works or franchise of, or in any way control
any other railroad or canal corporation own
ing or having nnder its control a parallel
or competing line ; nor shall any officer of
such ruilroad or canal corporation act as any
officer of any other railroad or canal corpo
ration owning or having the control of
parallel or competing line. ."
BIURTS Or THE CORPORATIONS.
The facts are substantially theae : The
Pennsylvania Railroad Company is a corpo
ration of this State, and controls and oper
ates, partly as owner and partly as lessee, a
line of railroad extending between New
York and Chicago, by way of Philadelphia,
Harrisburg, Pittsburgh and points further
W est, constituting one of the so-called great
trunk lines of railroad between the seaboard
and the West. Tbe riiroads west of Pitts
burgh forming part of this line are operated
by the Pennsylvania Company, a corpora
tion of this State, all the stock of which is
owned by the Pennsylvania Railroad Com
pany, except what is necessary to qualify
directors.
The South Pennsylvania Company is also
a corporat ion'of this State, and has author
ity to construct a line of railroad, between
Harrisburg and a place known as Port Per
ry. in the county of Allegheny, on the
Youirbioitheny river, thiough the counties
of Cumberland, Franklin, Fulton, Bedford,
Somerset and Westmoreland. At Port Pep
rv its line connects with the line of the
Pittsburgh, McKeesport and Youghiogheiiy
Railroad Company, with which company it
has a traffic contract ciying it access to
Pittsburgh. It has also traffic contracts
with companiesowning connecting railroads
east of Harrisburg and west of Pittsburgh
which make it virtual! v part of a trunk line
between New York and Chicago, by way of
Philadelphia, Harrisburg and Pittsburgh.
lis route is substantially parallel to the
Pennsylvania railroad, and when complet
ed and in operation It would be a line paral
lei to and competing with, the lines of the
Pennsylvania Railroad Company for freight
and passenger traffic, originating or termi
nating at Philadelphia, Harrisburg or Pitts
burgh. No part of its line has been com
pleted ; over five millions of dollars have
been expended in the work of construction
wlncn is about one-lourtn the sum neces
sary to complete the work.
The American Construction Company Is a
corporation which has contracted to con
struct the road.
THE keootiatioss.
As the result of negotiations carried on
during the early silmroerof IX? S. nn the one
side by Mr. Georce B. Roberts, President.
and Mr. Frank Thompson and Mr. John P.
Green, Vice President of the Pennsvlvania
Railroad Company aud on the other side
by a Mr, Morgan, a banker, of New Y'ork,
on behalf of such of the stockholders of the
South Pennsylvania Railroad Company as
might affirm his action, a formal proposi
tion in writing, signed by Mr. Roberts as
President of the Pennsylvania Company
was made to Mr. Morgan, the substance of
which is that Mr. Morgan would "procure
by purchase and legal assignment and trans
fer to such persons" as shnnld be designated
by Mr. Roberts the securities and contracts
and control of the South Pennsylvania en
terprise as follows, namely : "First Valid
and outstanding certificates of subscription
to the Sonth Pennsylvania syndicate, so
called to an amount not less than 60 per
cent of the total issue thereof
"Second The entire capital stock of the
American Construction Company V
"Third An assignment of all the capital
stock, bonds and securities of the Sonth
Pennsylvania Railroad Company not repre
sented by tbe certificates held by tbe said
syndicate, or held by said construction com
pany, which capital stock shall be adequate
to insure the control of tbe corporation of
the South Pennsylvania Railroad Company
Thereupon tbe Pennsylvania
Company would, "cause to be delivered to
Mr. Morgan, in exchange thereof, npon the
resignation of all the directors and officers
of the said South Pennsylvania railroad and
American Construction companies, and of a
majority of the committee of said syndicate
and the snhstitntion in teir stead of persons
to be indicated" by Mr. Roberts or his nom
inee, bonds of the Bedford and Bridgeport
company, or of some other company, equal
in the amount to the sum invested in the
enterprise by those assenting to the propo
sition, bearing interest at the rate of 3 per
cent, per annum, principal and interest
guaranteed by the Pennsylvania Railroad
Company ; and if "the bonds or debentures
herein proposed to he given should mature
the par value theroof sha'.l be made good by
the Pennsylvania Railroad Comyany at its
option, either in cash or by furnishing some
other valid stock or bonds or debentures of
equal par value, and with similar guaranty.''
The proposition was, as we bare stated,
signed by Rr. Roberts as President of tbe
Pennsylvania Company, but tn it he con
tracts for i he Pennsylvania Railroad Com
pany, and the onlr party that was to assume
any responsibility under It was that com
pany, the Bedford & Bridgeport Railrpad
Company being ntterly insolvent, an4 its
bonds without the guaranty. Being worth
less. The proposition was accepted by Mr.
Morgan, snilasjealeito by a sufficient n um
ber, of those fpr whom he agreed to act to
make it binding; tbe securities were deliv
ered to bim bnt bad, not come into tbe,
bands of the stockholders when theinjaao
tion was issued.
considered all the arguments so ably ad
vanced in support of this theory, but we
cannot avoid coming to the conclusion that,
as argned for the Commonwealth, the Penn
sylvania Railroad Company is the real par
ty in tbe transaction. This is clearly shown
by the testimony of Mr. Morgan, aud Mr.
Roberts. Morgan testifies that on his sug
gesting to Mr. Roberts that "the thing could
be carried through if tbe Pennsylvania Rail
road Company was prepared to give bond
Deanng J per cent, interest lor the amount I
paid in on the South Pennsylvania subscrip- I
pleted and in operation that In tbe nature
of things there can be no competition in j
transportation when there is no road over I
which to transport. The constitution for- i
bids a raiiroad corporation to "in any way I
control any other railroad cor-1
poration baring nnder its control a parallel
or competing line," not parallel or com pet- j
ing railroad, and wt cannot doubt that the j
word "line" was. employed advisedly, iu j
tills place, iusiea.l of "road ' or "railroad." J
U is the term eoustaiiUy lued to denote the I
nmte of ait extended ruilroad. Thus iu
tions." Mr. Roberts doubted the policy or ' section 2, Act of February loth, 1349, relat-
the ability of the Pennsylvania Railroad I "K to 'he assessment of damagas for lands
PRO BONO PUBLICO.
Company, as such, to buy off or in any way
to interfere with what migbt be rival roads
whereupon Morgan "suggested that there
were plenty of corporations that wonld do it
and that wou'd work in harmony with the
Pennsylvania." And again he says : "Tbe
only thing that was stipulated was that tbe
security that should be given to the sub
scribers should bear the absolute guarantee
of the Pennsylvania railroad company. As
to what company it came from or anything
oi the kind, that was of course immaterial,
And again : "I addressed Mr Roberts be
came I was acting in harmony in trying to
get this road out of the way of the Pennsyl
vania railroad company. It was the Penn
sylvania Railroad that was complaining of
tbe construction of the road:" and he assert
ed in the statement mat the negotiations
were based on this idea. And Mr. Roberts
states frankly that tbey came to 'talk about'
tbe Pennsylvania Company in this negotia
tion, "simply because the character of the
securities and the condition of the South
Penn road were such that it would, in all
probability be beyond tbe chartered powers
of tbe Pennsylvania Railroad Company to
build it, or to purchase the securities
" And he answered in the afhrmative
without comment or explanation the fol
lowing question of the Attorney-General
Therefore, as I understand you, tb Pennsyl
vania railroad company was tbe party to
this negotiation, but so far as the details of
carrying ifc uul wric vtiuirrucu, . w ,q
within the law, you were to use the name
of the Pennsylvania Company, or any other
company that yon were connected with
that you tuittht be able to do ? And be fur
ther says that, "lor all purposes of the trans
actions that were then soing on, or discus
sion there bad. it would be fair and proper
to assume that I was president of, and being
conversed with as President'of, the Pennsyl
vania Railroad Company." And, as we
have already seen, in the letter of Auirast S,
signed by bim as President of the Pennsyl
taken it is provided tljat viewers may be ,
appointed, "neither of wboin shall be resi
dents or owners ol property on or adjoining
the 'uru' of such railroad," where manifest
ly the term "line" is used to designate tbe
surveyed route, and not the completed
road, as the view may be had before the
road is constructed. So in Section 2, Act of
Congress of July 27, I860, incorporituig
the Atlantic Pacitid Railroad Company
the company is authorized "to take from
the public lands adjacent to the line of road
material of earth, stone, timber and so
forth, lor tbe construction thereof."
1 time are tue nudum instances of a use
of the term which is common as to leave
no doubt of lis meaning in Ihe clause of tbe
Constitution under consideration. Aud un
derstanding this meaning wears bound to
give it due force and etlect. If we do not,
tbe purpose of the Constitutional Couveu-
lion in enacting it, and of tbe people in rati
fy ing it, might always be, and in this case
ould be. eutirely defeated. Tbe purpose
undoubtedly was to promote competition
in railroad traffic But if a corporation en
gaged in cui'structing a competitive road
may be controlled by its rivals, until tbe
road is completed, it would be entirely with
in the power of the rival to determine
whether that event should ever happen : as
of course it never would when it was the
interest of the rival to prevent it, for no
company would complete a road to baud it
over to a competitor.
For then reasons wt thick tbe piupar eonstrae-
tldn of tb phrase "a parallel or competing line,''
is that It Include a prejseud road, survey,!, laid
out aa4 In process ot constnu-lion, as we hare
(bund to ti th tact tn this ease, if inch road when
oomp!el aiul to operation wuaid actually rn
peta with the road seeking control. Before coia-
tletloa it ia )arallel ;" when completed it be
comes "enmpetlor.'
TBS 1BHT TO SELL STOCKS DiritllD.
Darinz the anramtnt eoansel Invoked the aid
f the undoubted general principle that the own-
Ve announce that having bought a Iarirc
stock of Flannels, Yarns, Blankets, Canton
Flannels antf other Fall and Winter Goods at
Low Figures, we can offer them at prices never
before touched by the trade. Everyone tha
buys will have the benefit of Low Prices. Our
stock of Carpets, Oil Cloths, Linoleums, Mat
tings, Rugs, Stair-crash, Stair-rods, Buttons,
&c, &cr is very large, and is composed of the
most desirable goods in the market.
Call and buy, and SAVE MONEY, at
GEIS, FOSTER & QUINN'S
113 and Ho Clinton Street,
JOHNSTOWN. PENN'A.
rahip of shares ot stock, as of other property.
carries with it the legal right to, tell, aadeonund-
vania Company, he contracts on behalf of led that the owners of the sham of the South
the Pennsylvania Railroad Company that
tbe bonds to be delivered shall bear its guar
anty, and that if the principal of tbe bonds
should mature, it will replace them or at its
option pay them in cash ; these being tbe
only two clauses in the contract which in
volved the giving of anything of value.
In view of this plain and candid state
ment of the real facts of the case, by tbe
Darties themselves, it is impossible, as we
have already said, to draw any other infer
ence than that the real party contracting
and stipulating for the control of the South
Pennsylvania Railroad Company was the
Pennsylvania Railroad Companv and that
any title to any stock or securities intended
to be held in the name of the Pennsylvania
company was to be a mere naked legal title.
to be held in trust. In other words, that
the Pennsvlvania railroad company intend
ed to do, in fact what it feared, was forbid
den by law to do, and therefore attempted
to give the transaction the apfiearancc, in
Pennsylvania B&llruad Company could sot Ugli
ly be restrained from o doing, and tht an lniune
Uon S).-alnit the purchase would have this effect.
We do not think the prrnelcle applies to this
ens. We are not called unon to express any
opinion as to the right of tbe individual ahan-
holdera to sell their several shares bxa-JUt la
the open market. This, so Sir they arc concern
ed, is an intended sale In combination for the ex
press purpose ot enabling them to abandon the
rights and duiles conferred and imposed upon
them by the act Incorporating the company, sad
ol putting tbe control ol their corporation luw the
bands of Iu rival. This Is aa act contrary to the
public policy of the State which they have so
light to do.
Indeed, all tb parties In this transaction soem
to bars tailed to appreciate the relation tbey aus.
tain to the public. A charter. In a contract, and a
contract must always tiara two contracting; par
ties, npoa each of whom It imposes duttrs as well
as confers rights, l he charter of a railroad com
pany especially, wbile it confers, and because it
confers rights of the hlgliett kind, imposes corres
ponding duties. It inverts tbe corporation with
part ol the sovereignty of the State, the right to
take private i.roperty for let it be clearly under-
BOOK STORE II SOMERSET.
wim:. h.welfley,
book: seller, Somerset, eintkt'a.
Cfcrs a Largs and Veil selected Stcck cf
BIBLES, TESTA JIEXTS, 11 IMS BOOKS
Jvd fifandard and 3IicrUanou Bixik in all Dfjjarmevta cf Litera
hire, vuch a.i
HISTORY, BICCRAPHY. ALL THE FOFULAR NOVELS
AS WELL AS THE FAVORITE TOETS, IX ALL STYLES ASD l.P..
A2JT ECCS I2T TE2 SIAESST WILL 12 riCH,TLT SUPPL22.
SCHOOL BOOKS AND SCHOOL SUPPLIES ALWAYS m STOCK
the eye of the law, of being other than it real- ,tood tor public use. But if tho taking of private
ly was. This, of course, cannot prevail in a
court of equity, whick looks at substance
without being controlled by form.
rBOtllBlTED BY THE COKSTITUTIoX
It is further strenuously urged, on behalf
of defendants that even if the Pennsylvania
railroad company be the real party to the
contract, it has not done or stipulated for
anything prohibited by the constitution, for
t lie-reason that the purchase of the stock of
a "parallel or competing line is not among
the things prohibited ; and the case of Pull
man's Palace Car Company vs. Missouri Pa
cific Railwav Company, recently decided by
the Supreme Court of the United State, and
not yet reported, is cited to sustain the prop
osition that the ownership of tbe sti ck of a
corporation docs not give control of the corporation.
We have carefniiy considered the opinion
delivered in that case, which althongh not
of binding authority npon the State Courts,
because not deciding a Federal question, is
vet in view of its source, entitled to the
highest respect. But we do not think It sus
tains fhe position contended for. The de
cision of the question of control was not
called for in the case which was already de
cided on another and a fundamental point.
But. waiving this, tbe point decided is,
merely, that the ownership of the stock
does not necessarily give control of the road.
The Chief Justice savs, speaking of tbe
stockholding company Practically, it
may control the company, bnt tbe company
alone controls its road." This distinction
seems verry narrow, but it is certainly in
volved in the conclusion reached, which
cannot stand unless it is recognized. For
it is too plain to bear argument that the
ownership of the stork of a corporation car
ries with it the control of the corporation.
property for the purpose of construction a railroad
upon It is takinar it for public use, then tb public
must bar an interest In such U-.C. Ami such Is
the case. "A railroad is a public highway for the
public benefit . The public has an Inter
act ia su:h a road, when it belings to a corpora
tion, as clearly as they would have If ft were
free "The company may be private
but tb work they do I s public duty; and along
with the public duty there is delegated a suta
eicnt I ha re of sovereign power to p-rforra It. The
right ot eminent domain is always given to such
corporations, but the right of eminent domain can
not b used for private purposes ,
Sharpies vs. Mayor, H. lev. "The rixki of em
inent domain no if here justiiie taking proiierty
"r s private use. Yet it is a do, triue universally
accepted that a state Logtalature may authorize
a private corporation to take land tor theeonstruo
tion of such a road, making compensation to the
owner What el- d-ws this doe trio mean It not
that buildlnc a railroad. lhonib it be built by a
nriTnte enrnoratlon. la an act dona for nubile use ? '
And tb reason why the as has always been
h. Id a public one is that such a road is a highway
whether made by the Government ll self or hy the
ag-eney of corporate bodies.'' tHoott is. tb Su
pervisors, IS Wall, 6t; per Mr. Justice Strooit.
And tb tarn eminent jurist when a Jurir of
the Suprena Court of thfo State said of an unfin
ished railroad that "the Comrciwatth bad a
right to demand thtt all the resources, right aid
credits of the company should, b devoted tn Its
completion ; aad that the director of a railroad
corporat Ion are "trust ee. In a very just sense for
the Common wealth." Bedford R. K. Co. 12 Wr.
12.
the ijjrscnos coxrmtnro rK!ii tt.t.
But as our purpose her Is to show, merely, thai
the puttie to this transaction wro not dealinsj
with a purely privat matter, w will, not pursue
this subject further. Nor are we now eoncerreJ
with tboq,estion whetbertberohe power In the
court to enmpel th construction of a rallniad by
a corporation which has undertaken It. What we
her decide is, simply that th corporator have
ne such right to sell their stock as can In any war
Interfer with th granting of an Injunction to
prevent a competing corporation from obtaining
STATIONERY !
Th Public will also And a full Assortment of Oooil RolMigtn to th Stationery Trade,' .Deluding
a great variety of Blank Book, such aa
Ledgers, LOay-Ecch. Pass and Hcacraidm Eccb.
riSE WRIT l. SO PJPtBS OF ALL JT.VD.t,
WJIITIXO TABLETS, PENCIL 'f ABLETS, PAPERS IS BOXES,
ENVELOPES, PENS, PENCILS, INKS, dc, dr.
base ball goods, croqi f.t sets, etc. pictlres, frames asd jforr.ci.vcv, or
ALL SORTS.
7UE STOCK OF JUSTICES' BLANKS IS EKESH d COMPLETE
And have all hern carefully printed tortus in Somerset founty. and will hoJ eorrtct intll
particulars. Correspondence aU.ut Books, act Invited, and all mail orucra will re
ceive prowip' attention.
ts-STORE O.w 39A1X rSaniSBT, .Ml XT TO SOID'S PBlt, ft TO BE.
?27. AVM. II. WELFLEY.
Indeed, this is merely a different way ofstat- j control of tbe corporation obarged with the duty
fng the truism that a corporation is control!- of Its construction.
ed by its stockholders. That they do it
through the aeency of a board of directors
and other officers does not alter the fact.
All this was well understood by Mr. Roberts,.
as is shown by tbe stipulation that the cap-
W hav aot overlooked any of th i(Uestions
arguad by counsel, but. In our view, th cas does
not eall for th decision of any other than these
I considered above. Th result of the discursios is
thatth lnjusctioa must b continued as to the
Pennsylvania Railroad Company, th Psnnsyl
ta! stock to be assigned "shall be adequate I ranla Company ana th Bedford 4 Bridgeport
to insnre the control ot the corporation ofl Railroad Company ; and dissolved ai to the other
ocfendants, and a decree may ne drawn accord
ingly. J. W. Siwoktox, P. J.
TBI P. K. B. TH K BEAL rriCHABIB.
Counsel for tb defendant earnestly con
tend tljat, these facts hoi that the Pennsyl.
vania Company is tb,e party agreeing to pna,
chase tbe stock and securities and stipulat
ing for the control of the Soath Pennsylvan
ia Railroad Company. We have carefully
the Pontii Pennsylvania railroad company;"
and the intention to control is shown by
the condition in the contract that tbe things
to be assigned were "the securities and con
tracts and control of the South Pennsylvan
ia railroad enterprise;" and the further con
dition that tbe assignment of tbe securities
and stock should be sceompanied by "the
resignation of all the directors and officers
of the said Sonth Pennsylvania Raihofd
and American Construction Companies and
of a majority of the committee of said syn
dicate and the snbstitntion in their stead of
persons to be indicated "by Mr. Roberts or
his nominee." Not only was the South
Pennsylvania to be controlled, but also the
company having the contract for the con
struction of its road ; and, as to this, its en
tire capital stock was to be obtained, "free
from all debts and contracts of anv kind
hatever." This wonld insnre not only
control of the railroad corporation as it then
stood, bnt also the power to abrogate the
contract then held by the construction com
pany for the building of tbe road.
AitoTHK. rsoKinors Borf st.
We have found as a fact that the line ef
the Sonth Pennsylvania Railcnad Company
connects at Port Perry with tbe line of the
Pittsburgh, McKeespos. A Yonghiogheny
railroad company, ad that it has a traffic
contract with that company giving it access
to Piitsbujrga. A line running from Har-
shaagto Port Perry could hardly be said
to be a "parallel or competing line," to and
with the Pennsylvania railroad ; although
if extended from Port Perry to Pittsburgh,
it certainly wonld be sucb. But defendants
contend that the fact of the traffic contracts
ongbt not to be taken into consideration,
and that as tbe line of the South Pennsyl
vania does not Itself tnd to Pittsburgh,
we must conclave that this corporation
does not ova or control a parallel or com
peting line. We are enable to adopt this
view. The traffic contract gives it the right
to nse the Yonghiogheny road between Pott
Perry and Pittsburgh. 8ection I ol nrttele
17 of the Constitution secure it the right to
have its cars received transferred over j
all railroads in the 5tate with which it may
connect; w cannot doubt that it wonld in
Sacl compete, and it is competition in tact
which tbe defendants were endeavoring in
this case to present, and which tbey k aew
wonld occnr over this line if it were not
" 'taken ont' of tbe railsoad sHaation," to
use Mr. Morgan's expressive phrase.
Bat tb argument was earnestly pressed
npon us that tbe prohibition of the Consti-
UIED.
HEI1R In Somerset ,at her home on Main
j St., on Thursday morning. Jan 14, lo-. at
25 minutes of 7 o clock. Mrs. Mary llerr,
need (19 yrs. 10 month and ft days.
"Klessed are the dead, whodie in the Iyrd."
THE BERLIN
Dim iu .unn mis
SHLL AHEAD !
The year 1885 has bren one of the most busy years at this
establishment. Forty-three Monuments and One Hundred and
Seventy-two Headstones is the record for the year. We thank
our numerous customers for their liberal patronage, and would
announce to all who may be in need of anything in our line
that we are now in the field, looking up orders for delivery in
the Spring of 1886.
We propoee to continue tr. do the best work at the lowest
prices. We are determined to eclipse the past in the extent ol
our business, and to this end have reduced prices to the very
lowest figure, and shall continue to do the best work.
Do not be deceived into believingthat dealers of a few years
experience can do woTk as well as we can. If you are in need
of work please visit the Berlin Marble Works, or else wait un
til the Proprietor or one of his agents calls to see you, and you
will be sure to get the best return for your money.
IR,. ZE3I. KOOIN-TZ,
BERLIN, iPENoSr.
P. S. I aUo deal in Drain Tile and Earthrnirare.
THE " INDICATIONS "
FOR THE
SOatMST Sltliii,
Oorrcetad by (Khib BsaaiTa.
is
CHOICE GROCERIES, FLOfcR & FEED
24e
.......... .tow ae
1 00
ihc
-toa or
i?-4t
itte
he
1c
u4
SCtt
.......... .UNgatd
Apple. dried, a)
Aplehattr. g
Brin. 1 Bs
Hatter (roll)
Buckwheat fl bash....
meal, tU I
Reeswax f
Baeuo, sbuulilen, V .
" aiiia.
country kansfl s.
Corn, (ear) new bushel.
" (sbellwi) old "
" meal
Oalt salaa, B ,
KawatSa V th). ),
Flow, fl bbl
Flamed, f bo. (SOB)....
Hams, (sagar-oured) f) B..
Lard. 7 B
Leather, red sole, f) B
appr.
aip.
Hlddllnss.aad chop 100 fx...
Oats, bo .
Potatoes, ba (new)
PeactMS, dried, ft
Bv
Bases, ft B
Sall,Na. L bbl,ltr
Ornanil Alom per sack .
Asbton. pes saxls. ........
Sowar, yellow ............
" wait "
Tallow, fr ..
w haat. ba
Wii.
3)e
74e
Wc
l.ie
30f433e
...... Kir Ttie
TWi' soe
.41 "4
JXHOC
04l4
rtl0c
Sifll
le
ft 60
l Si
3 to
7-7c
, gefJli
....;cwi
aausl-N
1
EQA& NOTICE.
rTottee Is herebr riven thstt I will si.nlr to th
uoim.oi uoiamna rieaam stomermt county, re.,
on Tbaradar. January Vl-t. ISM. t..r th lDfit
of the x of AfancbOtr-aupmrwl April KL lira.
rearing to msrrsM wwa-n their separat earn
ing, aim HKtiums't
A DMINISTRA TOR'S NOTICE.
iua
Hat of Pbeb Walter. !?'d, 1st or Xew Cen-
twille Ber. wvfBret 'fnty. Pa.
Leturaof admlaistiwiina oa lit alms rsnt
Sarin been rantd to tb anil- nriimeil by th
proper authority, aotle. ka barebv cItb H
persons hvlebtwl tn aaul wtat to mnJte inui4i-
at payment and tan bavin rhtiras atramer tb
mm in prenat aheni Jt aaihratfea'eri s-r s
tlensent un Saturday. Fbnary 17. 1. at thcre.
kUuuaef ike Admieinratvr Os M Horoarn.
1. W- WILL,
jan?a AdmlnUKrator.
?0R SALE OR RENT.
A lam water power and steam Griat Mill, with
. new voamioaiioa I'rocea maenta-ry. ta Jleyers-
t asm r-r. -i, ewiueieensowo'y. rnn
ii;. -ii i . . i arror terms apply to the prvprieti.r.
or haying nnder its control a railroad com-' Jan ml
Meyeradal, Pa.
HOLIDAY SEASON
Are that C.N. BOYD wiI1 sel1 Ss at such prices that
everyone will have to buy their friends a Christmas Gift. We
ean offer .such inducements in both Goods and Prices as to
have you come at once and see for yourselves. We will men
tion a few, but space will not permit us to mention half of the
beautiful things that are for sale in our Store. We have
Ladies' Dr'epsinfr C;ises,
Gents' Drppsiiis Cases,
Ladies' Work floxfs,
Gents' Shaving Ca.es,
Ladies Toilet SeN.
Whisks and Holders.
Cat Tail Easles,
GOLD PENS !
Photograph Albums,
Autograph Albums,
Scrap Albump,
riuch Alburn",
Plate Glass Mirrors,
Ebony Frame Mirrors,
Writing Def ks,
GOLD FENS !
ChridtroasCarda,
Odor Sets,
Gilt Frames,
Crumb Trays,
Ct Glass Buttles,
Box Papers,
EboDy Easles.
GOLD FEN S l
Am selling my stock of Gold Pens and Holdere at COST, and some
rare bargains are offered in this line. Then we have
Pocket Bonks. letter Books. Side Books.
Smokers' Sets. Ciirar Cases. Razors.
Genta' Traveling Shaving Crises, and the Star Safety Razor.
vnnv& a itotice.
If airy of Tiwir friPtiiSt arp ietine fePKCMCLES. rtorMne wonl'l be mors- vm'tihlt.
than a pair of Vr. Klnz 8PCTACl.ES or E YE-GLAS8fcH. in ik.M Frame. We hn
the Sole Azency fur tbee (jixnis. sail gnarnntee perfect satisfaction. I'leaaoralt earlv.
before the desirabU ft'ioils are all cyme. Polite attention shown, whether jon wkb lo
purrhaM? or n-t. 5o trouble to show eonK Come, look throuirh onr stotk cet nnr tri
ces, anil if we cannot save Ton mosey wi!) not ask you to bay.
Kespectfully,
C. N. BOYD, MAMMOTH BLOCK, SOMERSET, PA.
-5-5l aim J?1? T hZ.
:XFOR J3S6. ilj
(IlkMiMrittailllnMM m nmami
fcMt rear wo rdn 1- It (Maisia 18
UliutraUuaB. frv, nMt Wc. it i- m. I r. .v.
tlraMtoaa tor plullm all Ttrlttfta at IfcE Ta .i.r -
ol V LOW Lit t :, BCLH,a.
u alt. mf-iMiT Hutu tl.a. An te .1
O. Mi FIRRY CO., Detroit, Wia-.ifcl'v.
Jan.S4t.o.w.
At aa Orphans' Court held at Somrret. Pa
th 1Mb daj nf lMoemtr. 14'-, the anderaleneii.
on nti.tloo of Messrs Colborn. aad t.ijlburn. was
appulniol Au.Hu to ascertain sxlTaBreosear
made b th heir la tits ratal of Kllsa'tb
B oer, and auk aad report a dlstrlhail.. nt
the (una is tbe haaJ..r tana aad S w. rUiDrk.
cr, AiliaiBinraiff and Treat of said 'lecea-d
to ana asaufnc ino wr"? ntttld toe ru. aer.
b aire Bulk that be will attend u theilmtM
of tb ! Hppoiatmcnt on Thnndaj tbaXlst
dayuf Jaouary 1SHI. at blsonic la So-r-
burooai, when and where all person iatrtd
can auend If tkey talnk pronr.
JUB.1 . 9WTT,
dacSO. Auditor.