The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-09-13
COURT BEGINS ITS
FALL SESSIONS
concluded from Page 81

strike Off judgment was made absolute
by agreement.
Hearings on appeals from the city
assessment were fixed to come UP when
the equity list has been disposed of.
The grand jury was sent out at 10
O'Clock with particular instructions to
make but one bill OF each case no mat
ter how many defendants may appear
in 1t. Arthur Hitchcock was designat-
ed to act as foreman.
Nothing of a startling nature devel-
oped from the constable's returns. The
Scott road in Blakely, Church street
and Eighth avenue in Carbondale, the
Wild Cat road in Archibald and vari-
Gus roads in Covineton were reported
to be in bad condition. The consta-
bles of these several bailiwicks were
directed to consult with the district
attorney as to the advisability of in
dieting the municipal authorities for
neglect
Constable Woelkers, of the Eleventh
ward, knew to his own satisfaction
that there was Illicit liquor selling in
his own ward, but he couldn't get any
evidence on which to base a prosecu-
tion.
Constable Burschell, of the Fifteenth
ward, reported having had two alleged
speak-easy keepers held for court.
constable Chase. OF the Nineteenth,
was on the scent OF two holes in the
wall in his precinct, but before he
could bag them they closed up shop
and quit his territory Constable Bar
ron complained that he had one John
koslasky indicted for selling without a
license, but that he had never been
brought in. Judge Archibald told Sher-
III Pryor to send after him. Consta-
bic Moran, Of the Twelfth, reported
Mary Hayes, George Frable, Mrs Pat
rick Finnan. W. ]. Nealon and Peter
j. Merrick for selling without license.
EQUITY CASES.
Appended is the list of cases set
down fer hearing in equity court. They
VIII very likely occupy the entire week.
West Ridge Coal company against G.
S. Won Storch.
Elisha A. Coray against John S. Jen-
kins.
Thomas Jennings and Mary Jennings
against James +. McAndrew and Mary
McAndrew.
John Carney against Michael Carney.
Acme Coal company against Jacob w.
George W. Finn against p. z. Carter
and others.
Johanna Ferdinando against the city
OF Scranton and other1.
City of Scranton against Johanna Fer
dinando
Fred Weyandt against William Wey-
andt and others.
Immediately after the noon adjourn
ment Judge Archibald took the hear
ing of the first case on the equity
list, that of the West Ridge Coal COM
pany against G. S. Won Storch. In
1895 the company leased from Won
Storch a strip Of land in the Second
ward, 400 yards wide and three miles
long, agreeing to mine a minimum of
$4,000 tons of coal year. They failed
to reach the prescribed output and
alleging that a fault had been en-
countered in the coal refused to pay
for any more than the actual amount
of coal mined, about two-fifths of the
minimum.
Won Storch took advantage of
clause of the lease to compel payment
OF the minimum by having the colliery
improvements and lease forfeited for
noncompliance with the contract. To
protect themselves against forfeiture
the company brought this suit.
IS NOT POSSIBLE.
They allege that fault in the coal
makes it a physical impossibility to
mine $4,000 tons a year; that they
worked the mine to it's fullest capac-
ity; that they rendered every month
royalties for the actual amount of coal
mined, and that they stand ready to
pay the money into court or to the
defendant al any time.
The defendant contends that the COM
pany has not worked the mine with
the diligence and energy that it might,
and that it is unfairly taking advant-
age of the clause releasing 1t from
mining the minimum output "in case
of fault being found in the coal or
strike of employees"
Hand & Hand Welles & Torrey and
c. e. Burr represent the company. Jes-
sup & Jessup and T. c. Umstead, of
Wilkes Barre, are the defendants at
torneys.
The claim under the minimum clause
amounts to $4,000. The company has
rendered royalties amounting to Sc, 900.
Judge Archibald handed down a
lengthy opinion in the matter of the
estate of p. c. Callahan, deceased, set
ting aside the distribution made by the
auditor appointed to pass upon the ac-
counts of the executor, John ]. Fahey,
and decreeing that the estate must be
held jointly for the widow and chill