The citizen. (Honesdale, Pa.) 1908-1914, October 18, 1911, Image 1

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SAFE, SANE, f i.-'
i a i
69th YEAR. NO. 82
w mm i mmu mm mm mm n
Taxpayers of South Ca
naan Against Building
High School.
An action was recently Instituted
In the Common Pleas of Wayne, sit
ting In equity, at the suit ot-W, W.
Klzer et al., residents and taxpayers
of South Canaan, against the School
Directors of the district of South
Canann, to restrain the latter, from
preoceedlng with the erection of a
high school building on a lot pur
chased for that purpose by the dis
trict In March, 1909; and on Oct. 6
a preliminary Injunction was Issued
by Judge Searle.
Last Saturday, a hearing took
place before Judge Searle on the
question of continuing the injunc
tion; Homer Greene appearing as
counsel for the plaintiffs, and H.
Wilson and W. H. Lee for the de
fense. The ground on which the Injunc
tion was prayed for, as set forth 'In
the plaintiff's bill of complaint, was
that at the township election held
Feb. 15, 1910, the question of es
tablishing a high school and cen-
..V. . . 1 1 f! .1 1 A . . 1 n l
of 25 April, 1901, and that at said
election 75 votes were cast in
favor of such school and 112
votes against it, but that notwith
standing sucu voie, mo directors
...lit. 11 - 1 B - . . 1 i
K . 1 1 .1 I 1 . 1. II . I
UUIlUiUA llilU LUC UUilll ailULlUll Ul
the schools, and have contracted for
Before the case was opened on
the part of the plaintiffs, the coun
sel for the defendants presented a
motion to dissolve the injunction
and dismiss the bill. The grounds
for this motion were a defilal that
the question of centralizing the
3TlrtTo nine lfirvollt. n.ltimln n
... P O .. II . (i (1 1 11 i .
votes were legally cast at said elec
tion against the centralization of the
schools. In support of this conten
tion, as matter of law. connsnl for
iuh imreiuio cueu iub provisions oi
the act of 1901 for submitting the
Section 2 providing that the directors
' TTnnn 11. n nllltn " .. n 1 , 1 .. C
uiiwii jjoiiuuu ui u uiujuuiy Ul
the qualified electors, representing
or owning property to the amount of
one-fourth of the assessed valuation
of such district, must submit such
question to a vote of the qualified
electors of such township district";
and section 3 providing that upon
such vote " The ballots shall .have
printed thereon: For centralization
Yes. For centralization No."
It was alleged, in the motion, that
these provisions were not observed;
that no petition, as required by the
printing required by the act, had
printed thereon; "For high school
Yes. For high school No." The
motion further set forth that the
high school should 'have two rooms
r .1 thh rciniiiN. I n ;i r Tnn n raninra
posed to erect a high school build
ing having two rooms, at a cost not
At.LiWUlll V Ul U U U LULL I, 1111111 V III
those who voted against a 'high
. i .1 1 .i i ii
iiiiiinuii .iiii'ii (Wf'M.iri. iw i run i t
11BV IllHUIIIHUVKtl fll 1L III! 1 1 11 1 II LT V1T
ill. i.vvi, riiiiiiiNi linn iiiilt iiinnrR wnn
llsannroved of the location RMpptful
Tin wianori tn novn rnn hn m ni.
tuunci9 Ul a luua uioittui.
So far as shown by the evidence.
1U JltHlUUIl, HUL'Il US U1B UCL Ul 19U1
cuujma, naa uvur lum uuiuiu mu
)f being In conformity with that act,
n.intni ( tr. 1, 1 nnt.nAi
es. or niirn scnooi h" ;ine
eturn of the election was " High
On the part of the directors, it
lino nnntnn.ln.l nn n ... H Inn
or submitting the question of cen-
ranznrinn nnn nnnn npiinnra tr
he directors, no election could log
illy be held on that question; 'and as
hprft Wns Tin nrmHatnn rf nw mi-
nurizing me suumission oi tno
luestion of a high school, there
ould be no legal election on that
luestion; hence that the election
jad no legal effect in controlling the
ictlon of the directors on the sub-
ect. It was further shown that the
.roposed building was to have three
ooffls, while the vote at the elec
ion, even If effective, was only
igalnst a two-room building, which
iih uireL'ium 11 nil kivhh nnr nn nr
heir Intention to build, and had no
ipplication to a three-room building.
On the part of the plaintiffs, be
ddes asserting the prohibitive ef-
ect oi tne voie, ic -was contended
hat the motion by .the directors, at
i meeting held -In June, 1911, pro-
)osed building, was not legally
idopted or put on record aa requlr-
oard was present, and that Ave dl
ectors voted In favor oi tho mo
ton, and the elxth declined to vote.
I. S. Megargel, Secretary of the
oard, testified that but Ore dlrec-i
Greater Honesdale is Dis
cussed ; New Company
Coining Here.
Greater Honesdalo was the chief
topic of conversation at the Board of
Trade meeting of last Friday even
ing, ;Representatlves from Texas
township Were present. After some
discussion as what advantages would
be derived by- annexing Texas to
Honesdale borough, L. Blumenthal
made a motion that Attorney C. A.
JlcCarty, Carl Prosch and Superin
tendent of Schools J. J. Koehler be
appointed as a committee in charge
of extending the borough limits. At
the call of Chairman C. A. McCarty
a mass meeting will soon be held in
the court house when it is expected
all Interested parties will attend.
The matter of annexation will then
bo discussed pro and con.
The Board ot Trade meeting open
ed at 8:15 with President F. W.
Kreltner In the chair. Minutes of
the last regular and special meeting
were read and approved. Treasurer
'Edward Deitzer gave the following
report: Balanoe on hand last meeting
$189.80; amount of bills paid last
session, $28.20; leaving a net bal
ance of $161,60; Tecelved from E; B.
Callaway, dues, since September 8,
?119.70; total, $281.30.
Application for a site was receiv
ed from an out-of-town company al
ready doing a good business. The
concern, it Is stated, would erect a
$5,000 building and would only ask
a factory site. The -company, it Is
claimed would employ 50 hands. On
by L. .Blumenthal, it was carried that
motion of C. A. McCarty1, seconded
the matter be referred to the solicit
ing and site committee.
Special committee on sale of
stock for the Honesdale Union Stamp
Shoe company .reported having sold
several shares of stock since last
meeting. Tho report was accepted
and the committee continued.
The committee on site for tho
Gurney Electrical Elevator company
reported progress.
C. J.'Dlbble, C. E. Sandercock and
Herman Myer were elected new mem
bers, and one new name was present
ed for nomination.
A communication was read from
the operating department of the
Delaware & Hudson railroad in an
swer to a letter written by the spec
ial committee appointed by the Busi
ness Men's association and recom
mended by the Board of Trade. C.
E. Bates, division passenger and
freight agent for that company, as
sured the committee the hearty co
operation in every way possible for
the betterment of 'Honesdale.
Communications were also read
from tho passenger and Industrial de
partments of the Erie railroad.
Bills amounting to $19.16 were or
dered paid.
tors were present, and that only
three voted for the motion. Later,
however, this vote appeared to have
been cast on a motion at a meeting
in December, 1909.
Homer Greene, Esq., attorney for
the plaintiff, immediately interposed
an objection claiming that this was
simply an exparte hearing for tho
presentation of oral testimony to
satisfy the conscience of the Court
in continuing tho Injunction. The
Court, however, decided to admit
evidence on both sides, and the tak
ing ot testimony began.
Prothonotary Hanlan identified a
return sheet showing that at a town
ship election held February 15,
1910, the question of whether there
should be a high School or not was
voted upon by the qualified electors
of 'South Canaan township and that
the majority of electors voted
against it, 75 votes being cast In
favor of tho proposed new building
and 112 against a high school.
H. L. Megargel, secretary of the
'South Canaan township school
board, for the purpose of showing
that official action was taken by the
South Canaan school board for the
erection of a school building,
identified the minute book, tho pages
of which, were not numbered.
The minute book showed that a
meeting of the school board -was
held December 14, 1909, with all the
members present, when it was re
solved that a building be erected at
a cost not to exceed $5,200 to be
paid for with the issuance of bonds
par value $50, to bear interest at 5
per cent, and to give the necessary
legal notice for submission of the
proposition to the voters of South
Canaan at the February election
Tho testimony 'brought out the
fact that the question of bonding the
district was never submitted to tho
voters, the only vote ever held being
for a High school or not, 75 voting
for and 112 against that proposition.
Attorney Greene offered in evi
dence the entry on the minute book
under date of June 5, 1911, reading
as follows:
" On motion it was decided to
build a high school in South Canaan
according to the blue prints from
Dreher township and also to' adver
tise for bids. Carried. H. L. Me
gargel and E. D. Spangenborg were
appointed a committee to buy the
blue prints or get a copy of them.
The entry, of August 9, 1911, also
offered in evidence, stated that the
(Continued on Page 8,)
Wanted to Play "Wild
West" In Peaceful
"Now, boys, it looks to me as If
this was' done more as a boyish
prank than anything else. You
were going into the 'Wild West'
business. We might send you to the
Reformatory. I think Vpur parents
can take better care or you than
down there. If I send you down
there It might put a blot on your
lives forever."
So said Judge Alonzo T. Searle,
Monday morning, to a.quartette of
youthful lawbreakers, 'who pleaded
guilty to being Involved in the theft
of revolvers from the store of John
Erk, tholr names being Elmer Spry
Gray, aged 13, Stanley Decker, aged
12, Edwin Conzellman, aged 12,
Harrison Conzellman, aged 9, before
paroling them In the custody of
their parents and of Prof. IHarry A.
" Sentence will be suspended," he
continued, "and you will be put in
charge of some one who will report
on your conduct. As long as you
behave yourselves there will be no
" I don't thlnlc you are bad boys.
Perhaps you have been reading some
trashy novels. Better not read
those things. We shall expect you
to obey your parents. Try to read
and study evenings. Don't be
around the streets, especially Winter
" You understand, boys, if Mr. Erk
or any citizen should complain of
you then your case will be brought
up and sentence imposed. If you
are good boys this will be the last
or this."
" Boys stand up," commanded the
Court, when District Attorney,- M. E.
Simons, informed Judge Searle, that
he had an indictment charging the
four boys with larceny.
"They used this little boy," ex
plained the District Attorney, point
ing out nine-year-old 'Harrison Con
zellman, "-to do the .stealing- for
them, They sent him into Erk's
store to stealfevolvers."
" Speak up and tell the truth," In
sisted the Court to the four boys
who had lined up in front of the
bar, with the youngest culprit of
them all, Harrison Conzellman, at
the head of the juvenile class.
Judge Searle questioned them
closely as to their residence, whether
they went to school or n'ot, In whose
room they were, etc., to all of
which they made ready replies.
"- How did you come to do this?"
asked tho Judge.
" We were going to play cow
boys," said little Harrison, whom
the Judge excused "as not being
conscious of crime" on account of
his tender years.
John Erk -was called upon to give
an account of the missing revolvers.
He told of how these boys made it a
practice of hanging around his store.
The little boy, he said, was used as
a tool. He missed the revolvers,
and Deputy Constable P- J. Moran
told him "he was on the track of the
boys who took them.
Charles Gray, 'Elmer's foster fath
er, said this' was the first time the
boy had been In trouble. He said
he sent his boy to church and Sun
day school, and said he would be re
sponsible for his future good be
havior. Mr. Decker said he would try to
look after his son. 'He goes to Sun
day school every Sunday, he declar
ed. The Court then ordered that the
boys be paroled in the custody of
their parents, save in the case of the;
Conzellman brothers who were par
Toled in the care of Prof. Harry A.
The sentence of the Court seemed
to meet with the general approval of
the large number of spectators pres
ent at the morning session of argu
ment court.
Mrs. Ira K. Bishop died of com
plication of diseases at her home at
White Mills Monday after a linger
ing illness. Mrs. Bishop was 74
years of age and lived at Indian Or
chard several years. She Is surviv
ed by her husband and tho follow
ing children: Mrs. George Silsby and
Philip of White Mills; Mrs. Charles
Carfs and Mrs, May nichmbnd, of
Indian Orchard and Mrs. Howard
Bishop of Honesdale. No arrange
ments 'have been made for the fun
Judson Cope, of Carbondalo, is the
victim of a distressing accident
which happened while hunting at
South Canaan, this countyron Satur
day last.
Cope's gun exploded and one of his
hands and, arms were so badly shat
tered that it was necessary to am
putate below tho elbow. He is at the
Emergency hospital, Carbondale.
Sleeves, the girl with a email dress
allowance will be glad to hear, are to
be ong and close. This is a sensible
winter fashion, and will bo Jumped
at by practical people.
The Joy of long sleeves is that one
can then wear short gloves, which
means a remarkable saving of ex
pense, both for buying nmX cleaning.
Gets Three Months' Im
prisonment on Liquor
Selling Charge.
Dominick Luclanl, who was arrest
ed Tuesday, August 29, at Goulds
boro, by County Detective N. B. Spen
cer, charged with selling .liquor with
out a license, selling liquor to min
ors, 'and selling liquor on Sundays,
was brought into argument Court
Alonday morning where ihe pleaded
guilty to the three charges, and was
sentenced by Judge A. T. 'Searjjj on
the Indictment of selling without a
license,' to pay a fine of $500 to the
Commonwealth of 'Pennsylvania, to
pay the costs of prosecution and to
undergo an imprisonment of three
months In the county Jail, the same
to be computed from September 1.
Sentence was suspended on 'the other
two Indictments.
His wife and six children, viz.
Caterlna, aged 14, Angelo, aged 12,
llargherita, aged 11, Stella, aged 9,
Luciano, aged 7, Maria, aged 5, were
in tho court room when sentence was
Judge 'Searle questioned the pris
oner before imposing sentence. Lu
clanl stated that he was was in the
store business In Old Forgo before
going to Gouldsboro. 'Ho gave that
up because 'the business was light and
he had sickness in the house. He
used to work in Gouldsboro, and
went to live there because living was
so high In Scranton. He couldn't
get a job, and so drifted Into selling
District Attorney M. E. Simons
stated that he had received several
letters in regard to the character of
the prisoner, all of Which gave him
a very good character. He went to
Gouldsboro last November and com
menced selling beer immediately, and
a little later ha sold whiskey too.
tie worked up a large trade In
spite of tho fact that he was warned
to desist. He was quite defiant when
warned, and said that he had a gov
erV'$"t license, and paid a revenue
license to the government.
To make matters doubly' sure he
organized what he called a club, of
which he was president. He had a
secretary and a treasurer for his or
ganization. Every person over 21
years of, age was eligible to become a
member of this club on signirfg a pa
per said to be a list of the club mem
bers. Ho was then entitled to buy
beer from Luclanl. That expedient
was resorted to after the matter of
his illegal selling had been reported
to the Court.
When questioned by the Court,
Luciani claimed he sold beer in bot
tles, and that he got the idea of run
ning a club from several similar or
ganizations 'located In South Side,
Scranton. His family, he stated, had
removed from Gouldsboro, and were
now living in South Side, Scranton.
" In consideration of the fact that
you have pleaded guilty," said Judge
Searle, " and of what the district at
torney has said, that you supposed
you had a right to sell, ln,considera
tlon of the fact that you nave a wife
and six children, and that they have
left the county, we shall sentence you
on one indictment only. We cannot
let you go without some punish
ment." After hearing the sentence, Luciani
wanted to know what was to become
of his family. "My wife told me, she
had nothing to eat In the house," he
The Judge suggested that as she
was in Lackawanna county she ought
to have stayed there, and said, " I
don't think that this is a case where
we ought to suspend sentence in all
Claiming that he had no money at
all, Luciani was, removed from the
Court room by Sheriff M. Lee Bra
man to serve out his term, which will
expire December 1.
Little Maria, his youngest daugh
ter, a dear little girl, only five years
of age, with curly flaxen hair stream
ing down her back, wearing a white
sweater, came up and kissed her Papa
aB 'he sat before the bar awaiting his
fate. His wife-sat tearfully awaiting
the Judge's decision with her chil
dren by her side, a very picture of
unspeakable woe.
Luciani, who has been In this
country for 27 years, told a Citizen
man that after he was released he
would go back to Scranton and sell
fruit. "I got a license for selling
fruit," he said.
" Scranton for me, too dear," he
told the reporter when asked why he
went to Gouldsboro. "I be down
there. I couldn't find no Job at all.
I got sick, after 8 or 9 days. Then
I started selling beer."
Judge A. . T. Searle, Saturday
morning, appointed Reymond J.
Brown, as supervisor for Texas town
ship to fill the vacancy caused by
the resignation of his father, Samuel
H. Brown, who retired on account of
impaired health.
Dr. 'W. T. McConvlll, Homer
Greene, Esq., and.C. J. Brwn were
appointed, Saturday morning, by the
Court to investigate the mental con
dition of William Malloy, Texas
Send tho Citizen Publishing Co,
25 cents and you will receive this
paper from npw until January 1 for
that small amount.
t -t- .""''
Congressman, W. D. B. AINEY. "
President Judge, HON. ALONZO T. SEARLE. '
Sheriff, THOMAS Y. BOYD. -
Prothonotary, WALLACE J. BARNES.
Register and Recorder, W. B. LBSHER.
District Attorney, M. E. SIMONS.
Treasurer, W. W. WOOD. ' -
For Coroner, P. B. PETERSON.
For Auditors, W. O. AVERY, LEROY GILPIN. '
What It
(1) . It. means that the entire county will be represented
a fact' of the utmost importance. The Republicans have
nominated a splendid ticket that includes, as far as possible,
a candidate from' every corner of Wayne county., For in
stance, choosing them at random, there is 3arnes of Ber
lin; Lesher of Sterlin; Male of Cherry Ridge; Avery of
Bethany; Boyd of Damascus; Rockwell of Lake; Wood of
Honesdale and Gilpin of Dreher, each of them representing
a different township or borough of the county. Judge
Searle, our candidate for Judge, is necessarily of Hones
dale, as all the attorneys are located at the county seat.
Now look at the Democratic slate. Excluding Simons
and Peterson who are the nominees of the Repub
lican party also there is only one exception, Voigt, who
(Toesn't call the center of the county his home. Which
of these two is the logical ticket if you are going to get a
representation of the entire county? There is only onev an
swer and that is the Republican ticket.
(2) . It means that you will receive- an honest and con
scientious administration of every office, without fear,
" favor or prejudice. ' ' 1
(3) . It means that you will have a personal knowledge
of and a personal pride ah,d interest in every office for
which the Republicans, candidates are striving, because
every one of these candidates is almost as well known
throughout the county as' heirs''m4iis"6vn''home to,yi.
(4) . It means that you will get the most. efficient service
from every office, in your power to give, because, taken
man for man, and office for office, the Republican ticket in
cludes the men best qualified for the positions, and the men
whose ability to conduct those positions, courteously,
honestly and efficiently is well known to every voter in the
county. - - m ..vf
(5) . It mean that as, in a number of cases, these men
have already been tested and have proven their admirable
qualifications, you will make no mistake in their re-election.
(6) . It means that )'ou will get an administration con
ducted on up-toklate business methods by up-to-date" busi
ness men; who will do all in their power to lighten your
burden of taxation and increase the revenues of the coun-
' (7). It means that for, all time to conic until the next
election you can rest assured that your money the money
you pay in taxes isl" "ing spenc as economically, prudently
and wisely as possibl , There will be no waste, no foolish
expenditures, no cartless mismanagement.
z(8). It meaps that every desirable vand necessary im
provement will be made with the good of the entire county
in mind. There will be no discrimination in favor of one
section over another, because, as pointed out above, the
Republican ticket is representative of the whole county and
not a small, self-centered section.
(9). It means that you hold the personal -pledge of ever)''
candidate on the ticket, publicly expressed in these columns,
that no effort will be spared to make each office a success in
every particular, to the end that fair play, honest adminis
tration, and efficient conduct, of the county business may
bring prosperity to the county, and every voter who lives
Finally, it means that the uccess of the Republican
party now means success in 1912.
Asks the People of Honesdalo to Ob
serve Tills Day.
WHEREAS, the Town Council of
the Borough of Honesdale, have by
resolution adopted at its last regular
meeting designated Oct. 20, 1911, be
observed by the people of 'Honesdale
as Firemen's 'Day. Now, therefore,
I, John Kuhbach, Burgess of the
Borough of Honesdale, In accordance
with the said resolution do hereby
designate and appoint Friday, Oct.
20, 1911, as Firemen's Day, and all
persons within the Borough of
Honesdale are hereby requested to
observe the said day as far as they
can conveniently do so, to refrain
from business, to decorate their
places ot business, and to display the
national colors throughout the town
to the end that tha said day may be
fittingly observed as Firemen's Day.
Burgess of the Borough of Hones
dale. J
eans to You and
The line of march for the parado
will be as follows:
Form on Main street, Between 9th
and 11th, at 1:30 p. m march to
State Bridge, to Church street, down
Church street, to 4th, to Main, up
Main street to Park, Park to West,
to North Park, to Main street, down
Main street, to City Hall and dis
band. Tho parade will form as follows:
Police. '
Burgess and President ot Town
Town Council.
Retired and Honorary Members ot
Engine Co. No. 3. . -1
Band. " ;.'
Hose Company No. 1. ' ,'"
Texas Firo Company No. 4.
Seelyvllle Fire Company,
Drum Corps.
Alert Fire Company.
Protection Engine Co. No, 3.