Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1893-01-06
LEGAL NEWS.


The County Commissioners have ap-
pointed A G Gibson, OF Fairview township,
to be Mercantile Appraiser for this year.
County Auditors Douthett. Albert and
Henninger are at work On the accounts OF
the county.
TIE Jury Commissioners have not yet
finished their work of filllg the wheel for
this year.
The viii of f. G LeithoId of Winfield
twp. was probated, no letters; also will of
Il Hartenstein of Jefferson twp, and let
tiers granted to Louis Hartenstein.
The will of Henry yoland, of Winfield
township. was probated and letters granted
to J II Ernst Yoland and Wendelin Mays
chein, also will Of E Keil, of Butler and
letters TO Adam Kettig.
Eli May had summons in ejectment issu-
ed vs. Peter Kennedy aud wife for lot in
Butler, fronting on Mercer ST.
About three years ago q boy named
0rville Moore was sent To the reform school
at MorEanZa from Lawrence county. After
his term expired the county commissioners
attempted To collect the bill for his main
tehsnce from the school authorities Of Big
The poor authorities also refused to pay
the bill on the ground that young Moore
had been sent To Morganzs on sentence of
court, and therefore the county was liable.
and not the township. Judge Martin last
Friday, decided that the township IN
which the minor had a residence Is re-
srnnsible, and not the county.
Judge Fell, Of Philadelphia, has decided
against the Pennsylvania railroad COM
pany's application for a reversal of the
verdict indemnifying q shipper over the
line whose goods were lost in the Johns
town flood. The goods in dispute consist
ed OF 10 barrels of whisky shipped from
the DilIinger distillery at Ruffsdale, West
moreland county, to Lang. Bernheimer &
CO. of Philadelphia. 1t was shown that while
the part of the freight train containing the
whisky was swept away bT the water, the
ear in which it was loaded remained un-
injured, but was deserted by the crew, A
mob of vagabonds seized the liquor and a
committee Of citizens was Obliged to take
it from them and destroy it for the pro-
lection of the community and preservation
of order. AS employees of the road had
neglected to interfere with the plunderers.
the judge refused to interfere with the
jnry's verdict.
An interesting decision has been made
in the Erie county courts In regard to the
land tenure. The Pennsylvania road has
been proceeding against some ''squatters'
On land claimed by the railroad One of
rhe defendants claimed that she was the
owner of the land 10y virtue OF more than
twenty one years possession; the railroad
cl lined that she should reckon her holding
from the death of her husband. and that
he had not held the property for twenty
one years, while she not being an heir,
could not continae ths holding in an I'm
broken line. The court held that as part
ner of her deceased husband, the wife
could continue in the line of holding, and
the more than twenty one years undis
puted possession of the Two lives gave her a
title 10 the property. The ease will prob
ably be carried to the supreme court.
On Tuesday of this week, the Supreme
Court Of the State now in session at Phila-
delphia, affirmed the decision of the Court
of Allegheny Co, in convictipg Thos. Mat
thews of selling newspapers on Sunday.
under the act of April %, 1874 The de-
ci-ion cites the facts of this particular case
which are not disputed. refers to the re-
markable development of the publishing
business, and ends as follows: '.It is our
plain duty to enforce the act of 1874 as we
find it upon the statute bonks While the
sunday newspaper may BE- a great conven
fence to large portion, perhaps large
majority, of the people, it does not, in our
opinion, come within the exceptions of the
act Of 1894. No one pretends that it is
charity, and we cannot say as a matter OF
law that it is a necessity. 1t is a conven-
irnce, nothing more We are of the opin-
ION that the defendant was properly con
victed. The act of 1894 is Wise and ben
eficial - tatute. and we would regret to see
1t interfered with. We must, however, be
allowed to express the fear that too literal
an Interpretation may create an antagon
Ism that may lead To- its repeal. or at least
serious modification. There may De such
a thing as excessive zeal in invoking its
penalties in extreme eaSes The acr is in
more danger from its friends than from its
enemies