The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-12-21

AT the last term of criminal court,
John Lukan, the Carouse avenue bot
tier, was convicted of selling at retail
When he was called up for sentence.
hs attorney Joseph O'Bren, contended
that he could not be given the penalty
prescribed by the Act oe 1887, the mini
mum Of which Is $500 fine ard three
months in the county JAIL because he
was not guilty of selling without n
license. The sentence should be inn
posed, Mr.. O'Brien held. under the Act
of 1891, which prescribes that a bother
who exceeds the authority of his license
shall pay a fine not exceeding 500 and
be imprisoned for not more than sixty
days. either or both at the discretion of
the court. The matter came up in ar
gument court yesterday.
Fred T.. Beers, OF counsel for the
Municipal league, which is prosecuting
the case. held that Lukan should be
sentenced under the 1887 act, because 1t
was under that act the indictment was
drawn and under that act he was con-
victed. Furthermore, he pointed out
that, at the time of Lukan's arrest,
Lulian had no license whatever He
had purchased the bottling establish
neglected to have the license trans
ferred, and it was not until six weeks
after the arrest that the transfer was
accomplished. Court held the motion
under advisement. Other cases were
disposed of as follows:
COMMON PLEAS.
Judgement Rcycrscd-C Commonwealth, against
John Mackcy, ccrtorari.
Rule Reins,atedS. Gotfricd. trustee, against
H. Arlnburst ct al. exceptions to affidavit OF de-
tense.
Argcd-James Saul and Stephen Dyer against
City Clerk Martin r. Iavelle, mandamus; Wini-
fred Collins against Thomas Collins rule to open
judgment.
QUARTER SESSIONS.
Continued Commonwealth against Norris
Wormser. appeal from summary conviction: in re
change Of polling place, Fourth district, Second
ward, Scranton; Commonwealth against Robert
Meyer. rule to remit forfeiture: Forest City poor
directors. appeal from order of removal; Com
monwcalth against Peter Carroll. rule TO strike
off foriciturc Commonwealth against Joseph kul-
cavagc. rule to remit coSts Commonwealth
against Michael Cunningham, rule for new
trial; in re condemnation of Providence and
Abingdon turnpike. exceptions to appointment of
master and jury Of view
Discont inlcdC Commonwealth against II. W.
Howard, appeal from summary conviction.
Rule Absolute Commonwealth against Frank
Mcnarino, rule to remit costs: Commonwealth
against J. p. Kelly. rule TO remit costs; Com.
monwcalth against katherine Angelo rule to re.
nit costs: in re rule To change polling place in
North Abingdon: Commonwealth against George
+. Cramer rule to remit costs
Areucd-C Commonwealth against John T. Howe,
rule to set aside finding of grand jury; Common
wealth against Jennie Robbins. rule to strike off
forfeiture.
Submittcd-t commonwealth against John Fcrgu.
son, rule 10 strike off forfeiture; in re- contested
election Of Nicholas Gynn and Thomas IIcnning.
ORPHANS COURT.
ArGued-Estatc of Nathaniel Fitch, exceptions
TO auditors report; estate Of Alex. Dookc, eXcep-
tiors to auditors report; estate OF Phoebe Amy
Smrall exceptions to auditors report.
Continued-Estate OF Joseph V. Kregh eXcep.
tions to auditors report; estate of Ann A. Con-
molly. rule to remove executor; estate of Rebccca
Colby, exceptions TO first partial account; estate
of John W. Haub executions TO auditors report.
subnnttcd-EStato OF Michael McDonough ct al,
rule to discharge guardians: estate OF Frank Wit.
kovSki. rule to discharge administrator.
Rule Discharged Estate OF Calvin Parsons, rule
for an accounting.
Court adjourned for the holiday vaca-
ton. to meet again January 5, 1901.