The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-03-27
BELLEVUE IS With Us
Supreme COur. Decides That Tho Annexation
Proceedings Were Legal.
The Other LACKAWANNA Cases
Decisions of the Lower Court Af-
firmed in Every Case from This
County in Which the Supreme
Court Handed Down an Opinion
Yesterday - Something About the
Cases Passed Upon.

Bellevue heights will become por
tion of Scranton. The matter was de-
cided iinally by an opinion banded
down 10y the supreme court yesterday
affirming the decision Of our court de
claring that the annex ltion Proceed
ings before the city council were leg Il.
The annexation procee llngS wsr6 he
gun some tims ago whea Il pstition
signed by three four;hs OF the ctiz ms
Of the Bellevue heights portion of
Lackawanna township was presentad
to city councils, asking that tho terri
tory described in tho pstition be IN
neNed to the city
\ remunStrance signed BY cprtain
taxable re9id-nls OF Bellevue Heights
was also filed with councils. In an
swer to the petitions councils passs an
ordinance making the territory In gus
ton u part OF the city Of Scranton,
whereupOn an appeal was taken to the
court OF quarter sessions with thu re-
suit that toe proceedings for anueXt-
ton were duly approved.
Counsel for the appellants next car
rled the case up to the supreme court,
alleging specltic errors and illegalitles
OF city councils and attacking tho con-
stitutionality of the act Of 1889. under
which the annex, ,tion proceedings Were
held. Attorneys II Burns and NJ +
Mcdonald represented the Onj .ctors TO
annexation and CITY Solicitor Torrpy
aud Major Everett Warren thu peti-
TONERS
The supreme court yesterlly Goa
trmed the Judgment of tho lowsr
court, and there l., therefore. nothing
TO prevent tho cOnsummation OF the
annexation scheme wncl increases tho
population ami territory of Scranton.
PLUMMER CASE AFFIRMED
Another important case in which che
decision of the lower colrt was af-
firmed was that of Emma A. Plummer
against the Hillside Coal aud Iron
company and the Liciawanna Conl
company. limited The plaintiff claimed
title to siX.sevenths of the coal under
lying certain largo tract o! lall ly-
ing IN BIakeIy township and known as
the DOlph lot The defsnlants also
claimed the right to mine the coal un-
Ter contract made With previous own
ers of the land, and their contention
was sustained by the lower court,
JCdgS Gunster delivering thu opinion.
from which an appeal was taken. The
decision establishes the claim Of the
defendants in the case.
The decision of the supreme court
yesterday firmly establishes the bor-
ough Of Thro)p, as it affirms thu docs-
ION of the lower courts to the eff ,ct tnat
all of the Incorporation proceedings
were legal and proper
In the case Of the city OF Scranton
against Sylvester Bush the decision OF
the lower court was sustained. Ia thu
cases of W. G, Stockwell against w.
o. Webster, and A. j. G. Hodenpyl and
A, b. Williams. assignsss OF D,gon-
lard and Reynolds, against Stmuel
Hines and others, the decisions OF the
lower court were also affirmed. In the
Stockwell case this decision here was
given by Judge Smith,
OTHER CASES AFFIRMED
In the equity suit Of the borough of
Dickson City against the Enterprise
Powder company, the decision of Judge
Gunster, dissolying the injunction. was
affirmed. Two cases in which ex-Ju Ike
Smith rendered decisions, were also
affirmed, They are Joseph Chiffon ami
Mary Chiffon against the city of Car
hondala and Imac B. Fs!ts against the
Delaware, Lackawauna and Western
p9ilrnnd co,nranv