The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-01-11


cases argued yesterday before the su-
perior court
It is the appeal Of the commonwealth
OF Pennsylvania ex rel, Harry q. LIEN
appellant against j.. p. Robinson.
treasurer of Luzerne county The mat
ter grows out OF case stated sub
mitted to Judge Lynch to decide wheth-
or or not the plaintiff should pay $3.50
or $3.50 for his retail liquor license. The
license law provides that in cities of
the first and second class retail liquor
dealers shall pay Sl,100 license in cities
of the third class, $3.50 and in all other
cities $3.50.
The plaintiff Contcnded that mas
much as Wilkes Barre had been spec
tally chartered and that it had not ac-
Cepted the provisions of the act of 1874
up to the time of the bringing of this
suit, IL did not come within the Clas-
sification and must be considered one
of the cities referred to as "all other
cities The act of 1874 provides that
all cities of less than 100000 population
and more than 10000 should be in
cluded among the cities of the third
class, excepting by implication. such
cities as had been specially chartered,
but providing that they might come
within the classification by accepting
the provisions of the act Wilkes
Barre. however. did not accept the act
of 1874 and it is held does not come
within the classification.
PURPOSE OF CLASSIFICATION.
The purpose of the classifica-
tion by population was argued
TO he altogether foreign to the
matter of liquor licenses. IT was
solely, the plaintiff contended for
the regulation of their municipal
affairs. The act of 1889, which placed
all cities of less than 100000 population
in the third class, was not applicable
to this case, it was averred, because
cities specially chartered were eXclud-
cd from it's operations. In conclusion.
it was held, that the legislature which
passed the classification legislation
must have had in mind its own clas-
sification when it later passed the liquor
license act
The appellee's argument was in the
main a contention that an exactly sim
liar case had been decided in favor of
the county treasurer by Judge Rice,
when he was president Judge of Luz
erne county, and that the supreme
court affirmed his finding. He held
then that Wilkes Barre although spec
tally chartered, was, by reason of its
population included in the category of
third class cities, and retail liquor deal
ers should pay a fee of $3.50. No sub
sequent legislation having changed the
standing of the city as to classifica-
tion, it must remain, ii was contended,
a city of the third class.
The suit, of course, antedates Wilkes
Barre'S recent acceptance of the pro-
visions of the act of 1874 and the sur
render of her special charter.
Hon. John NJ. Garman and John Nc
Gahren appeared for the appellant.
County Solicitor George s. Ferris,
Charles S. Keck and Charles f. Nc
Hugh represented the appellee.
ALLEGED FRAUDULENT DEAL.
An alleged fraudulent deal engin-
eered by the celebrated eX-BloomsburS
lawyer Louis S. Winterstein, of dyna-
mite and drugged- coffee fame, was the
subject of two half-hour speeches dur
ing the afternoon. The deal formed
the basis of the suit of Nlyron l. Low
and George lVey against Edward IVey,
appellant, &. p, Columbia county. At
torney Fred, Ikeer appeared for the
plaintiffs, and the defendant appellant
was represented by Hon. Andrew l..
Fritz, who will be remembered as a
candidate for speaker of the house of
representatives in 1895. 1t appears that
Richard 1Vey owned farm and owed
lot of money Low and his brother,
Edward 1vey, the defendant, being his
principal creditors. When it was APP
parent that he was about to 60 under,
Richard accepted a proposition from
Low that If he should mortgage the
farm n him ha iob hi B..
tilling it, taking his own living out OF
ii and turning over to the mortgagee
whatever would be left over and above
the cost of running the farm and Rich
ards living expenses The brother
Edward Ivey, and the other creditors.
however, would not agree to this and
brought the sheriff and an interpleader
down upon them. Winterstein figured
In the case as attorney for Low.
George lvey is a young son of Rich
ard. He was given possession of some
minor property
Low won In the lower court Ivey's
appeal is based on the principle that
debtor prefering a certain creditor
can not benefit by the preference. The
plaintiff contended that there was no
fraud or illegal dealing; that Low
simply made the deal i'm question out
of pure charity for the bankrupt Ivey.
LAST CASE HEARD.
The last case heard was that of Con-
rad Lee, appellant, against the Exeter
club owner or reputed owner and Will
lam O'Malley q Son, contractors. If
IL suit to recover on mechanic $
lien for S546G5. The plaintiff was de-
feated in the court below because of
the lien being defective. The appeal
S made on the ground that the court
below erred i'm declaring the lien de.
tective. James r. Scanton represented
he appellant and George S. Ferris, the
appellee.
The first new case taken up yester-
lay was that of Dominick WojochoskI
against the Central Railroad of New
Jersey, appellants. The plaintiff Sc,
,ured 5000 damages in the Luzerne
courts for personal injuries and dam
ages 10 his horse and wagon sustained
In a grade crossing accident at Lee
Mine station near Nanticoke on Oct
IL 1892.
He was driving along the road to.
wards Wanamie i'm a closed butcher
wagon. The road crosses a branch oI
the Jersey Central by an overhead
bridge, and, about seventy-five feet
farther passes over the main line al
grade As is evident there Is a steer
decline between the end of the bridge
and the grade crossing. From the bridge
there Is a clear view of the track foI
long distance but at the foot of the
hill, according to the plaintiffs con-
70 he L. .l,