Montour American. (Danville, Pa.) 1866-1920, July 30, 1908, Image 1

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    illontour jVmrriran.
VOL. o4—NO. 31
Hi. IRVING H. JENNINGS,
Office Bourn
A. M- '0 !- M 10 *
IP. .If. to J '/ Danville. Pa.
stiri.y/., si.
425 MILL ST., DANVILLE, PA.
Oiseaaes of the Stouiaeh and Intestines
a Specialty
ITEMS CONDENSED.
Notwithstanding the business de
pression, the receipts of the Allen
town postuffice during the past eight
months were $12,000 higher than in
the first part of 1907.
Seven weeks ago Mr->. William Le
man, of Kittauning, aged S4 years,
fell and dislocated her hip. Since then
she has practically eaten nothing, and
her powers of endurance are regarded
as being wonderful.
The county superintendent of York j
county has incorporated 5,000 words !
in a pamphlet which is to be distri- ;
buted throughout the county, prepar
atory to holding a series of spelling
bees for the purpose of (improving the j
spelling of school children.
So far, about 150,000 tons of coal of
various sizes have been stored at the j
storage plaut of the Lehigh Valley
Railroad copany, at Hudsondale,eight
miles from Hazletou, which is about ,
one-half the capacity of the plant.
"Doc." Major, of Millmont, a few j
days ago hooked a bass that measured
twenty-one inches in length, the larg
est bass ever caught in Berks county.
Reading has a factory for making
baby >hoes which employs 700 persons,
and is so rushed with orders that all
must work eleveu hours daily.
An ordinance providing for the li- !
censing of cats and the impounding of
those running at large is under con
sideration in Reading. All licensed
cats are to be tagged like dogs under j
the dog laws.
Professor Wasselman of Berlin, has
succeeded in finding a serum which
cures ptomaine poisoning.
Mining engineers on Saturday pro
nounced extinguished the fire which j
had been burinng for mouths in the
old Black Valley slope of the Pine
Hill colliery, Schuylkill couuty.
Steps are being taken iu Pittsburg
to design a new sewerage system that
will meet the requirements of the state
health department. It is estimated the
svstem will cost about $50,000,000.
Miss Anna E. Taylor, an aged resi- i
dent ol West Chester, and a cousin of
the noted traveler. Bayard Taylor,died
a few days ago, leaving her estate of
about $12,000 to different local char
ities.
Well cleaners at Clifton Heights, i
near Philadelphia, on Friday found a
gold band ring in the well on the
property occupied by George Smith,
which Mrs. Smith had lost ten years j
ago while pumping water.
Joseph A. Shaufner,who died at the]
Odd Fellows' home, Tn Philadelphia,"!
on Friday aged 87 years, will be bun- 1
ed in a slate coffin which he had made 1
for himself and his grave will be mark- i
ed by a tombstone of his own construe- ;
tiou.
There are numerous robberies of slot
gas meters in Philadelphia, and on
Saturday eight boyß, ranging from 10
to 14 years of age, were given a hear
ing by Magistrate Gorman and sent
to the house of detention.
Henry Ebhard, aged 22 years, of
Gordon, Schuylkill county, who left
libuie on Friday with a dog and gun
to hunt, was found on Saturday in the
woods, with his head shot off and the
gun lying by his side. How the shoot
ing occurred is unknown.
Reading policemen intend to ask for
an increase of $lO per month and short
er iiquM. Their salaries now average
from $726 to SKiO a year.
It costs $2.25 per month to educate
the children of New Castle in the pub
lic schools, according to the figures
issued the board of education. The
average attendance the past year was
5,328.
Owrigsburg, Schuylkill county, has
a new shoe factory which turns out
1,500 pairs of shoes daily.
A little daughter of William Bodner
ate some caustic soda
that she tbougjit was candy and is in
a critical condition.
The corner stone of a new United
Brethern church at Middleburg, Sny
der county, was laid on Sunday. Tiie
new church will cost SIO,OOO.
Saturday night a thunderstorm pass
ed over Quakertown, Bucks county,
and a thunderbolt struck the house of
Levi Stump killing his daughter Liz
zie. None of the other members of the
family knew that the house had been
Btruok and only discovered it the next
morning when someone went to call
Lizzie, and found her dead with evid
ences around that the lightning had
caused her death.
ill AS RESULT
flllll
Alexander M. Best was arrested Sat
j urday on a charge of assault and bat-
I tery an I iu default of bail was com
; mitted to jail.
The prosecutor in the case was
| Charles Ritter, a vender in the curb
stone market. The alleged assault was
the outcome of a dispute between the
| rwo men over the location of a market
! bench. Mr. Best is a factotum about
; market, arnoug his duties being the
J placing and the removal of the benches
and the unhitching and hitching up of
the horses. He receives his remunera
tion from the individual farmers by
whoui he lias been employed I'here
are some venders, who take oare of
their own benches anil unhitch and
hitch np their own horses.
To the latter class belougs the pros
ecutor, Charles Bitter, who usually
loads his bench on the wagon and takes
it along home with him. When he ar
rived iu market early Saturday morn
ing he found the curb pretty generally
lined with benches distributed by the
man employed, although coroparati\e
ly few wtgons had arrived.
Mr. Best.it seetus, holds to the idea
that the mere placing of a bench on
the curb, preempts that space and that
all the owner has to do is to come in
to town at his leisure and back up his
wagon. Farmers who drive into town
early and find the available or desir
able spaco occupied with benches, al
though few wagons may be in sight,
take another view of the matter.
There has been considerable friction
on this score and the market master
was appealed to.
A decision was accordingly rendered
to the effcet that space cau not be pre
empted in tliis way f»nd that farmers
and others arriving iu market are en- I
titled to such space as is uot occupied i
by wagons. Acting 011 this authority
Saturday morning Mr. Ritter set aside
one of the benches carried out by Best
and occupied the space at the curb by
his own wagon.
The two men had some words over
the matter during market. Later the
quarrel was renewed when the men .
happened to meet at the D. L &
railroad just east of the crossing.
According to the information lodg- ;
ed before Justice of the Peace Dalton j
Best "choked" Ritter, shoving him
against the fence where he slapped !
hirn in the face. The defendant plead- j
ed not guilty to the charge of "as
sault."
Justice Dalton decided to hold Best ■
for court. He fixed bail at £2OO hot in
default of payment thereof the man j
was committed to the county prison.
REPORT OF
DISPENSARY
The report of the tuberculosis die- j
peusary for the month just closed j
I shows that one new patient has been !
added during the month and that those
have been under treatment from
'the beginning are generally doing
i well. There are now ten patients un
! der treatment.
Due to the highly nutritious diet !
and the observance of hygienic rules. ;
five patients have improved remark- i
ably during the month, the combined !
weight being nine pounds. With one I
exception all of the patients have prac- I
tically ceased coughing and expect
orating. Two of the patients, due to !
acute illness, show no gain. On the '
contrary in the case of these two there !
is combined a loss of five pounds in
weight.
Mies Geddes.the trained nurse,made I
twenty-four calls during the month. !
Forty three and a half dozen of eggs j
and one hundred and ninety-eight
i quarts of milk were furnished free to
the patients.
The State is constantly adding to
the equipment to the tuberculosis dis
pensary so as to make the diagnosis
thorough and to assist in bringing
1 about the best results in treatment
NEW LOCOMOTIVE
DEVELOPS HOT BOX
I A brand new engine, a monster in
! size, just turned out of the shops at
; Dover, N. J., which was being pulled
down over this division of the D L.
& W. railroad by freight No. 785 last
evening, when approaching Danville
developed a hot box and had to be cut
out of the train and left standing on
I the siding to cool oil.
The new locomotive was on its way
to (Jniondale and was in charge of an
| attache of the sliops at which it was
manufactured. A hot box iu a new
locomotive is not a novelty and it is
j for the purpose of preventing injury
j from this cause that a mechanic is
> usually sent along when an engine is
t ! sent out from the shop,
t ! Edward Flanigan, a Civil War vet-
I eran of Pottsville, on Monday tripped
• ; over a oat and fell down n flight of
1 | stairs, sustaining injuries that caused
1 his death.
DANVILLE PA., THURSDAY. JULY 30, 1908
PREPARINGFOR
MM OUTING
J The committee of arrangements held
; a meeting at the court houße Saturday
; aud fixed the time and place for hold-
I iug the farmers' tri-connty picnic.
Tiie outing will take place at De-
S Witt's park on Wednesday, August
j 10th.
| Tlie meeting was held in the grand
j jury room. Among those present, in
j addition to George M. heighow.B. L.
j Diehl, aud Jacob Shultz. respectively,
president, secretary ani treasurer of
I the committee, were the following: J.
O. Warner, James Shultz, S. A. Eck
man, John Deeter,Elmer Sidler, John
Eckert, Horace O. Blue, E. M Sidler,
Hou. L. W. Welliver, J. C. Benfield
and Charles Rishel.
The picnic being arranged for is the
fourth annual outing of the farmers'
tri-connty picnic society. The first
picnic was held at Hunter's park in
1U05; the remaining three outings took
place at DeWitt's park. From the first
the idea of the farmers' annual picnic
was popular The outing each year
brought ont a large attendance. This
summer arrangements are being made
to accommodate a larger crowd than
ever before. As might be inferred
from the sentiment expressed at the
meeting Saturday, there will be no
restrictions in expenditure of money.
As last year two bands will be em
ployed On motion, it was decided
that the Mechauicsville band employ
ed last year be engaged for the out
ing. The employment of the other
band was left wholly in the hands of
the committee, although a preference
was expressed for the Northumberland
band. An orchestra will be employed
to furnish music for dancing.
On motion it was decided that an
admission fee of five cents be charged
for adults. The gate money, along
with the balance carried over from
last year, it is believed, will prove
sufficient to meet all expenses.
In addition to dancing, a fine pro
gram of sports will be arranged in- j
eluding quoits, races, and other con
tests.
An invitation will be extended to J
Congressman John G MoHenry Hon. j
William T. Creasy and the several
judges of the courts of common pleas J
in Montour, Columbia and Northum- j
berland counties. Iu all probability j
there will be an address or two on the j
occasion. A general invitatiou will j
be extended to the public.
The following committees were ap
pointed :
On Music—J. O. Warner, M. H. j
Sohram and Charles V. American.
On grounds—Jacob Shultz. John j
Eckert and Samuel A. Eckman.
On games—B. L. Diehl, Elmer Sid- |
ler,Charles Sishel, John Deeter, Ralph ;
Kisner, Esq.,and William V. Oglesby, \
Esq.
The committees will meet to make j
report in the grand jury room on Sat- j
urday evening, August Bth.
HURLbD ROCK
THRU CAR WINDOW
What was either an attempt to get
even witli the D. L. & W. railroad
company for some fancied wrong or
the attempt of some maliciously in
clined man to injure simply for the
enjoyment derived therefrom,occurred j
Monday eve while the 5:44 passenger
was entering the yard at the lower end j
of town.
The train had reached a point a short !
distance below the brickyard belong
ing to John Eeim, when suddenly a
rock the size of a man's fist, thrown
with great force, crashed through a
window on the left side of the smok
er.
A traveling man, whose name could
not be learned seated within a few
iuches of the wiudow, received the
full force of the flying stone which
struck him on the ueck just below the i
left ear causing a ragged wound fronS» ;
which the blood started in a stream. '
The train was brought to a stand
still and the conductor and the, injur
ed man, joined by a number of the
passengers gave ohase to the fiiiscre
ant. jt
The fellow at once took to the woods
and succeeded iu eluding his pursur
ers, handicapped as they were by the
awaiting train.
In the first few seconds of the chase
the fellow was in plain view of all
and his description tallies with that
of a hobo who drifted into town sev
eral days ago, and who, on Sunday
evening was driven away from the
vicinity of the nail mill by the police.
When the funreal procession of Sim
on Levy, a prominent Jew isomer
chant of South Bethlehem, reached the
Fountain Hill cemetery on Monday it
was found that the grave was too
small for the coffin. A grave digger
was hastily summoned and the burial
services delayed until the grave was
: enlarged.
! The nervous man is not well adapt
ed to life in the city.
SCHOOL 11
I SESSION
The matter of awarding contracts
for the cleaning of the several school
j buildings of the borough came up be
! fore the school board Monday night,
j Upon opening the bids it was found
| that there were uo proposals for she
j cleaning the second ward school build
| ing. There was only oue bid for the
! cleaning of the first ward school
building, that of Mrs. Alfred Ken
j uedy, who named as her figure $29.50
| It was the sense of the school board
| that the sum of? 29.50 is entirely too
low for the amount of work involved
iu cleaning the first ward buildiug.
The contract,therefore, was not award
ed, but the awarding of the same was
j left in the hands of the buildiug and
repair committee. The cleaning of the
secoud ward building was left in the
I hands of tiie school directors of that
ward.
There were three bids for the clean
ing of the third ward school building,
as follows : Mrs. Mary E. Kinn, #25;
Mrs. Alice Miller,B24; Mrs. Sara Mill
er, $22. The bids were discussed at
' length, after which on motion of Mr.
Fischer, the contract for cleaning the
third ward building was awarded to
1 Mrs. Mary E. Kinu, for $25.
The'coutract for cleaning the fourth
! ward building was awarded to Mrs.
Kebecca Lovett for |23.50. She was
the only bidder in that ward.
Mrs. Anna Anderson was awarded
the contract for cleaning the Welsh
hill school building. The price was
<5.
The following members were present
at the meeting : Pursel, Orth, Swarts,
Burns, Redding, Fish, Fischer,Lloyd,
Sechler, Heiss and Cole.
George B. Colestock, sales agent,
appeared before the board in the in
terest of A. and A. K. Johnston's
maps nnd globes.
On motion of Mr. Burns it was ord
ered that four suspension globes be
purchased with four extra appliances.
On motion of Mr. Orth it was ord
ered that seven outline maps be pur
chased.
Mayuard J. Phillips of La Porte,ap
peared before the school board iu the |
interest of the Bloomsburg Desk Co.,
which desires to furnish the school
district with the furniture needed.
The matter of desks was referred to
the committee on supplies.
On motion the contract for installing
three flush closets in the Welsh hill
sehool building was awarded to Jos
eph Lechner at sixty dollars.
Ou motion the contract for install
ing stone steps, platform and railing
at the third ward school building was
awarded to T. L. Evans' Sons at $l9B.
The following bills were approved
for payment:
C. L. Eggert ... $ 4.50
George E. Mock ,3.50
W. t. Jones 7. *»o
CaspSr Diseroad . 28.9?
William W. Motteru . .. 85.00
Emery Sholtz 2.80
Henry J. Jones 30.00
Frank (j. Henrie 8.50
Danville Sto. A: Co 54.70
J. P. BareiTa 41.90
Joseph Lechnery. .. 11.84
Mover and Sons 3.00
Boyer Bros 1370.57
FOUR DEPARTMENTS
IN OPERATION
The Reading Iron works is making
a very good record at present, winch
would seem to bear out the general
view that better times are coming.
The entire plant, with the exception
of the skelp mill, has been in opera
tion for three weeks past. This makes
tilings nearly normal about, the plant
and employs practically tliqj.full com
plement of hands.
Whether the plant will continue to
run as at presejjk or not of course, de
pends!. If we are really on the eve of
renewed prosjiatity there will ba lit
tle loss of ti:uf in any of the |ll>l)urt
ments. Should the same deprafsiou
continue, however, that lias
ed during several months an
occasional shut down In the Mr or
guide mill is to be expected.
ACCIDENT OCCURS
AT PICNIC
Charles Hauver, Ferry, street,
had Bie misfortune to dislocate her
shou|der while attending the picnic at
DeNVitt's park yesterday.
The accident occurred about 3':30
o'clock yesterday afternoon. Mrs.
HauYer was walking along, when she
tripped over a root and falling struck
lier right shoulder violently on the
ground. A bad dislqcatiodi vyas the re
sult.
The injured was brought to
town in Electrician Newtop Smith's
automobile. She was taken to her
home on Ferry street where the dis
location was reduced by Dr. Harpel.
It is unreasonable and cruel to, ex
pect a growing boy tokeepquiei more
than two minutes at a time.
W BOROUGH
REDISTRICTED
I
I The inconvenience and discomfort
! to pupils generally foreseen as there.
suit of removing the grammar schools
■of the first and the third wards have
\ been reduced to a minimum by the
action of the school board iu redisrict
ing the borough.
When it was announced that the
sohool board, in order to obtain addi
tional space for the iiigti school, had
decided to remove the grammar school
of the first ward to the third ward
building aud the grammar school of
the latter ward to the fourth ward the
popular misconception seemed to be
that the grammar school pupils of ev
ery part of the two above named wards,
respectively* regardless of distance
would have to walk to the sohool
building in the ward adjoining.
Luckily the school board saw a rem
edy, which lies in redisricting. For
instance, th) pupils of the first ward
who live the farthest from the third
ward building are sent to the second
ward school, which adds but little to
the distance they have to walk. In
dealing with each of the wards the
same plan was followed.
The redistricting was in the hands
of the transfer committee, which in
conjunction with the borough super
intendent met on last Saturday even
ing. The report, was presented to the
school board by Mr. Cole at the reg
ular meeting Monday night. In re
districting there was taken into con
sideration not only the equalization of
numbers, but also the distances the
pupils would have to walk, the condi
tion of the streets, &c. The new dis
tricts are as follows:
To the second ward all grammar
school pupils will be sent that reside
on Church street south of the D. L. &
W. railroad to the river and west
ward ; also all pupils residing on Rail
road street between the P. <& R. sta
tion and D. L. & W. railroad and east
ward.
To the fourth ward all pupils will '
be sent that reside on Ceuter street ;
and north of Center street; also all
north of the P. & R. railroad.
To the third ward grammar sciieolf
will be cent all remaining pupils in
the lirst and third wards.
As the borough stands redistricted j
the second ward grammar school will
have about thirty-nine pupils; the
third ward, forty-one; the fourth
ward, thirty-eight. Two or three non- :
resident pupils yet remain to be as- j
signed.
WILL fIANUFACTURE
FINE HALF HOSE
Danville is to have a new industry
in the form of a hosiery factory, which <
is to start up in the flat school house ■
during next month. The firm, known
as the Montour Knitting Mill corn- I
pauy.is composed wholly of local men.
Thomas A. Delaney, the well-known
hosiery manufacturer, will be super- ;
intfndent of the business,
The flat scool house, which is leased
from the school district at a nominal
figure, was formerly occupied by the
Stem Shoe company, which suspended i
operations a couple of years ago. Dur
ing the interim the building has stood
idle.although the machinery was still
in place. The'schooljhoard was desir
ous of seeing the building put to prac- j
tical use and it,therefore, leased it to
the hosiery company, which claims ;
that it has orders booked ahead for
severaj months aud sees its way clear
to keep the plant in steady operation,
employing at least fifty hands.
Last Week the shoe manufacturing
machinery was removed out of the
building aud carpenters and painters
were put to work fixing up the iriterfT'
or. A 50-horse-power engine aud boil
er are being installed by the new com
pany. Hosiery machinery -afficipnt
to fill the buijtjiug way Slid
is expected to arrive today. Tho com
pany intends to make its own electric
ligijtf. The plant will be thoroughly
equipped anil-will be modern in every
respect. Fitie seamless half hope will
be manufactured.
MAIL HOUSE
LOST SUIT
Farmers who have purchased SearF t
Roebuck & Co., cream separators are
liable to get into no end of trouble.
The.Vermont Farm Machinery Co. has
by a sweepiug decree in the New York
court of appeals won a big suit for
infringmont. The decree not only j
giveß the Vermont Farm Machinery:
Co.,double damages but compels Sears, |
Roebuck & Co. to give the name and
address all farmers to whom separ
ators have been sold, it is not kijown i
what use will be made of the U&I&PB
of those who have purchased the mach
ine. Buy at home.
West Chester housewivei axe troubl
ed by thieves who steal clothes hung
out to dry.
WILL HELD
ABUNDANT ROOM
I In all probability the awarding of
the contract for the raising and the
extending of the male infirmary at the
hospital for the insane will come up
for consideration at the next meeting
of board of trustees.
The awarding of the contract for
this building lias been delayed by rea
son of the fact that work upon the re
modeling can not begin until some of
the patients are removed. For this rea
son of the new buildings under way
the structure for the acute insaue male
patients will be pushed to completion
first. When it is ready for occupancy
a sufficient number of patients from
the male infirmary will be removed
into it to permit the raising and ex
tending of the former building.
Dr. Meredith, the superintending
physician, is highly gratified at the
progress of the work, which will bring
about a decided improvement in con
ditions at the hospital.
The additional space will relieve
the overcrowding, which has been a
factor at the institution for many
years past, in addition to which, Dr.
Meredith states, it will enable him to
remove the majority of the patients
from the fourth or upper story of the
main building.
At the preseut time large high build
ings, such as compose the hospital at
this place, are not approved of for in
carcerating the insane. Small build
ings, one of two stories in height, cot
tage in form, are recommended. The
tall buildings, however, are here and
will have to be used for the preeent.
It is gratifying that increased space
will enable the management to con
form to a great extent with modern
usage by bringing patients dewn to
the lower stories. Dr. Meredith states
that after the patients are distributed
in their new quarters it may leave less
than a hundred on the fourth or upper
floor.
NO EXTENSIONS
THIS SEASON
*■ irijr that,lollowititf ap
plication duly made, permission lias
been granted to the borough of Dan-
I ville by the state department of health
to make proposed sewer extensions it
seems quito probable that nothing will
he done in the line of sewer extension
: this summer.
This will not be welcome news to a
• good many people, notably those in
terested in properties on West Mahou
ing street, who long ago applied to
the borough for sewer extension on
that thoroughfare. Probably nowhere
else in Danville is-a sewer exteution
so much of a necessity, as without it
as pre\ iously described in these col
umns sanitary conditions are exceed
ingly Lad.
Permission to make sewer extensions
was planted by the State uuder eerttiu
conditions and stipulations, a full
compliance with which would entail
upon the borough a heavy outlay and
require considerable time. One of the
conditions is that before the permit
becomes operative the document—
which is exceedingly voluminous—
shall be recorded in the office of the
recorder of deeds of Montour county,
Pennsylvania. As a matter of infor
mation it might be stated that the
I "permit" has not as yet been record
: ed.
All who have read Dr. Dixon's com
munication realize that the borough
as relates to sewage is up against a
very weighty proposition. Council
especially feels its responsibility and
will take no action whatever in mat
ters pertaining to sewage without ex
ercising care aud deliberation. Mean
a aloa»sye wi#P on the
hospital for the insane to see with
what success the State, which is the
party respon.-lble, deals .wifii the sew
age'priVblem at tli#t institution.
NO GAME THROUGH
MISUNDERSTANDING
Through a misundersfaudiug a team
from Suubury, cauie op on the 3 :.">7
Pennsylvania traiu iaer evening, pre
pared to play the Merchants.
The locals, however, knew of no
name scheduled for last evening and
were not in evidence.
McKelvey, the manager of the Sun
bury team. and Lawrence, the local
manager, got together some time aft
erwards and by comparing notes- tonnd
that there was a misunderstaridfng'on
both sides. Lawrence had tried to get !
Suubury here for Tuesday night's
game bnt Received word too late the
satne night? to the effeot that Suhbnry
could vaufe Wednesday and if this was ,
satisfactory to let them know As it
was ont"of the question, Lawrence sent (
nd answer.
Mr. McKelvy acknowledged his'mis- ,
take and arrangements are now being
made for a game in the n%u future
The law against carrying! concealed
weapons should be strictly enforoed.
ESTABLISHED IN 1855
IHANDiUS ON
MiUlf
Two able addresses were heard iu
the court room yesteruav during the
argument ia the case of Edward W.
Peters vs. Thomas G. Vincent, a gnit
involving corts ou tax liens, which has
been before court for several years.
The actiou involves the recovery of
112 193.01 iu the liands of the prothono
tary.who refuses to pay it overclaim
ing superior right to the funds.
Hon. H. M. Hinckley, attorney for
-Mr. Peters, spoke for nearly an hour.
He brought out the following facts:
During December, 1908, 334 .tax
liens were entered by Prothouotary
Vincent iu the proper docket. The
liens were for delinquent taxes of
1902 and the right was claimed to file
them under the act of 1901. The
amounts of delinquent taxes represent
ed from two dollars up to ten dollars.
In each case separate (or four) liens
were entered, the tax costs ou each
amounting to §9.TO, producing a total
of |37 or |3B against each person. The
costs in each cise amounted to more
than the tax.
The act of 1901, he said, provides
that liens filed by muucipalities must
be signed by the solicitor and the
chief executive officer of the same. In
the present case he held that the tax
liens were not filed by the municipal
ities, neither were they'signed by th 6
solicitor nor chief executive officer
and were wholly unauthorized.
When the act of 1901 was passed Ed.
W. Peters, the tax receiver, was in
structed by the attorney that it was
his "uty to produce a list offdelinqu
eu. tax payers and have liens entered
up. Later the municipalities—the
county, the borough, the school and
poor districts—refused to accept these
liens and held E. W. Peters, the tax
receiver, responsible.
A dozen or more who had fallen in
arrears with their taxes and on whom
liens held appeared at the prothonot
ary's office and made payment. The
aggregate sum represented by liens
thus paid in,exclusive of costs,amounts
to jlfl&.OI, which sum is still in the
prothonotary 'a hands. The latter, how
ever, wishes to apply this sum to the
payment of costs on other liens.
The sum in question, however, Mr.
Hinckley held, is due the tax re
ceiver, who has settled with the differ
ent municipalities. He held that the
prothonotary had no authority to en
ter the liens and assailed the "charges,
expenses and fees," which he said
formed the bulk of the amount. Citing
one case the costs were over fiß, while
the taxes involved were less than #lO.
Mr. Hinckley said that he would
not impute any impure motive,but all
the lieus, he declared, were illegally
filed or entered ond f>r that reason he
held tf le prothonotary was not entitl
ed to one cent for his services.
Reviewing the case still further Mr.
Hinckley stated that the borough, the
county, the poor and the school dis
trict in whose names the liens had
been filed, refused to pay the cous.
Later the court made an order requir
ing the prothonotary to pay the money
in his hands over to Mr. Peters. The
latter, he held, was no party to the
record and therefore could not be
charged with the costs on the other
liens, which were not entered by him.
In conclusion he held that the delinqu
ent taxpayer in satisfying the lien had
no right to pay the money over to the
prothonotary and he raised the ques
tion whether such persons might not
now be field responsible for the amount
which Mr. Peters is seeking to recov
er.
MR. AMMERMAN'S ADDRESS.
Hon. R. S. Amwerinan, who was'
the .sulicitor for tax receiver Peters
when the liens were filed, but who at
lireseut is attorney for Mr. Vincent,
made an able defense,not only justify
ing his own course in advising that
liens be tiled, &0., but also sustaining
the prothonotary in his refusal to pay
to Mr. Peters the inotiey he received
onJisib*. The legality of the liens, Mr.
Ammeruian said, was admitted by the
relator himself, while the delinquents
who paid tlie money over to the pro
tlionotary, acquiesced in the justice
of the proceeding, paying the penalty.
Mr. Auimerrnan explained that Mr.
Peters came to him for advice. The
act ot 1901 was new. They consulted
Mr. Scarlet, who advised that they
proceed to enter liens. Tax Receiver
Peters himself. Mr. Ammermau said,
ordered the liens to be entered. Furth
er, he held that no rule has ever been
luadaou .the pfothouotary to pay the
nioriey into court. Neither has anv at
tempt as yet been made to adjust the
costs.
l 2 defense of!hfy4own course, in en
tering three 4tfllars, attorney fees, as
a part of tha "6ijargeg, expenses and
a pad of tbe,,", charges, expenses and
fops'/ Mr. hajjl that there
ii not at a lren ebtered anywhere in
which the above sum as attorney fee
,is £ot allowed. He, insisted that the
camrfd hfm'aiiil * afctfiprjzecf hijn Jo
enter judgment s in the largq 'fcfltft&r
of cases invqlved.
The court took the papers.