davidaulloa/AmericanStories huggingface dataset:
The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1900-01-16

has beer valued higher than that of indi-
viduals.
The first ground has been passed upon.
and in Difference To the decisions Of the
Supreme court of North Carolina, Is not
sustained.
The three other grounds present Federal
questions, dependent upon issues, both
of fact and Of law.
An examination Of the affdavits filed.
leads TO no satisfactory conclusion. or TO
an inclination Of opinion. They will be
referred.
1t was stated at the hearing that ap-
peals IN three of the cases have been
taken to the Circuit Court Of Appeals.
and have been perfected. These are
Therefore out Of the reach of this court.
Ensminger vs.. Powers, los L. ). PIP.
300, 3.
1t is ordered, adjudged and decreed.
That each of the cases IN the margin. eX-
cept the three in which appeals have
been taken and perfected, he referred 10
the Hon. J. E. Shepherd. Standing Mas
ter; that he take all testimony as TO the
matters Of fact therein presented, and
that he report the same to this court, at
the same time merely, however, to aid
the court. that he submit his conclusions
thereon.
1t Is further ordered. mat TOT ule
purpose of taking this testimony be be
at liberty to hold references in any part
of the State of North Carolina, which
may suit the convenience of counsel as
we'll as the witnesses. The counsel in the
case to submit for the further order of
this court. an order directing when the
references shall begin. the time which
the defendants may need to put in their
testimony, and the time required for the
testimony IN reply.
The restraining order heretofore made
to continue in force, subject to the furth-
cr order of this court
The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1900-01-16
EVIDENCE MUST BE TAKEN
THE THREE THOUSAND AFFI-
DAVITS NOT SUFFICIENT.
HE COMMISSION HAS THE POWER TOTAX
Judge Simonton a~everses Himself on This
Point Because He is Compelled I Follow
the Decision Of the State Courts
in Waters Of Local Law

.inlgc Simonton Yesterday filed with
the Clerk Of the United States Circuit
court here his decision in the Railroad
TaN case. which was argued at Ashe-
vile III September and reheard at Char,
leston about 4 month ago.
In his first decision Judge Simonton
held that the Corporation Commission
had no power, under the law. to tax
the railroad property OF the State.
Soon after that decision WAS rendered.
the Supreme Court of North Carolina
decided the Observation-Disclosures case
in which exactly the opposite opinion
was expressed.
Thereupon Judge Simonton granted .
re-hearing Of the matter on the ground
that a Federal court is bound to accent
4 States construction of its " siatute.
And the decision rendered yesterday is
based on this principle. Judge Simon
ton therefore recedes from his former
ruling and declares that the decision
of the court Of last resort in North Caro-
lima. as to the force and effect Of its
own statutes. on a matter of local law.
Is obligatory on the Federal court"
Judge Silnonton then goes on to recite
the equities III the case. and appoints ex-
Judge james E. Shepherd. standing
master, to take testimony touching the
matter, and To report back to the court
both the evidence and his conclusions.
For the purpose Of taking this testi-
mony Judge Shepherd is at liberty TO
hold references i'll any part of the State
that may be deemed most convenient ro
witnesses and counsel.
And for this purpose the restrainine
order heretofore made is continued in
force.
The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1900-01-16
Comparative Cotton Statement.

New York, Jan. 12.-IFor the week
ending Friday, January 18th:
Net receipts at all United States ports
during week, 144,:392; net receipts at all
United States ports during same week
last year. 209.441; total receipts to this
date, 4.196.1f9: total receipts to same
date last year. 6.23t,9G9; exports for the
week, 14C.Sl3: exports for TN week
last year, 245.941; total exports to this
date. 2,S4S,2fI; total exports to same
date last year. 4,G79,S32; stock at all
United States ports, 93I.3O9: stock at
all United States ports same time last
year. 1.137,974; stock at all interior
towns, 163,S1S: stock at ali interior
W. same time last year, 675, 6S5:
stock at Liverpool, 10000; stock at
Liverpool same time last year, 1,49S, O0G;
Of American afiOat for Great Brit
ain, 100000; stock Of American afloat for
Great Britain same time last year, $780,
600.
The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1900-01-16
PRUSSIA MAKES TERMS.
New York Life Receives the Most
Favorable Concessions.

Berlin. Jan. 12.-It is rumored here
that the Mutual Life Insurance Com
pany Of New York, is to be readmitted
TO Prussia on condition that it will de
post with the Government the full policy
reserve on Prussian policies. This de
post to be made in Prussian securities.
If this deposit is made the Govern
ment Will waive the requirement which
calls for the deposit Of the company's
stocks amounting in the case OF the
Mutual Life to $50. 100000
The New York Life Insurance Com
pany which was recently admitted to
Prussia vas not called upon to deposit
the full reserve because it has agreed
TO dispose Of all its stocks.
It's deposit with the Government is
therefore but half the amount required
OF the Mutual Life.
The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1900-01-16
Poland Ch;nas a Specially.
GRAY'S / x l. 1906.

A superior lot OF Pigs by Roya! Wilkee
33O11, and Grey's Free Trade 3431h
Also choice yoang boars and sows, and
sOws In pig. Sen to h~eadQuarters. and
get the best from the oldest and larges,
herd OF registered "Poland-Cbinas' IN
Virginia, at prices to suit the timeA
Address.
J. 3. GRAY, Fredericksburg, Va.
The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1900-01-16
HAVEN 6 STOUT'S COTTON LET
TER.

New York. Jan. 13.-(SpeciaL)-The
cotton market developed decided
strength this week, recovering from the
break brought about in tn: preceding
week by bearish advices. The prediction
that there would be an increase IN cur
rent receiDts has not been borne out bv
the facts, port receipts yesterday and
today being about the smallest for the
season up to the present time, while the
aggregate movements of the week bids
fair to be the smallest for the cotton
year.
Foreign markets hold steady and spin
nGrs are buying on 4 fairly liberal scale
at Liverpool. where the stock Of cotton IS
now about 100000 bales, against nearly
100000 bales at this time last year.
Spinners took about 63,00O bales in that
market during the week.
Spot cotton is firmly held throughout
the South. and business with cotton
manufacturing interests is very good.
Shipments of raw cotton from India are
exceedingly small. The South African
war continues to cause anxiety in Great
Britain, but it is thought that as money
has become easier abroad Spinners VIII
increase their purchases. In Manchester
yarns are reported firmer with a fair de
mand. and the cotton trade is not bur
dened with any accumulated manuiactI.r-
ed stocks. Business in many quarters
is increasing, particularly in China ana
Japan. while in this country the demand
for cotton manufactures is the best i'll
recent years.
There is talk of larger sales Of ~fertIii-
zers and Of a largely increased acreage.
This has a tendency to check buying for
much higher prices. Nevertheless Il
seems that for a time at least quotations
will not remain on q level much below
the present figures. Even should the
market have a speculative decline it seems
able to promptly recover The situation
seems to be such that cotton can bo
bought on all breaks. although We think
we'll Of securing profits when they are II
sight.
rcCD'S PILLS cure E.sver liIs, Eit-
sousness, S~g:ci;ge5tjcF7, ficaGacf,e.
EasN 20 tako. aa@" - ~r4-e.o~ 3sc.
The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1900-01-16

The old rcnablc remedy for Spawn
IingboneS, Splints, GurLs, La.aE@
ments, Etc. Also al !aufne~=.
% Irwin Street, Mushcgon, Mich.
January -, 1895.
GentIemen-I have used your H.
daIl's SPAWN Cure for many years WIZ.
remarkable success.
| have cured six spayius hy its use.
You are at liberty to use my name .
YOU wish. | viii stand by IL. I haE.
performed some wonderful cures.
Very truly yours, j. ROWLEN-
ASK your druggist for KENDALL
SPAWN CURE, also ~ Treaties OIL
the Horse The book is free, Or a..
dress,
DIR. Il. J. KENDALL co.
EroShurp Fails
The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1900-01-16

ncoD'S PILLS cure E.sveT Ills, Eit-
sousness, Sr>iige5tjcFe, fica1ache.
The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1900-01-16
BILL AGAINST CIGARETTES.
Measure to Prevent Young Children
Working in Factories.

Columbia, S. c., Jan. 12.-In the
House OF Representatives today Mr..
Epps introduced a bill to prohibit the
sale of cigarettes Mr.. Stevenson a bill
to prevent children under II years of
age/from working in manufacturing es-
adjustments.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-07-12
Rule for New Trial Vacated.

Judge Henry X. Weand, of Mont
gomery county, was here yesterday to
hear arguments on the rule for a new
trial in the ejectment case of Mrs.
Annie L. Ross against Mrs. r. NJ.
Rutland, in which a verdict for the
plaintiff was rendered in a suit before
him at the last term of common pleas.
The arguments, however were not
made. Attorney c. II. Soper, repre-
senting the defense, declined to press
for a new trial, but instead instituted
a new suit, similar to the first, except
that the parties are reversed
The dispute is between mother and
daughter over an acre of land in West
Abingdon. Mrs. Rutland, the mother,
claims it on a sheriff's deed. The
daughter alleges that the judgment on
which the property was sold was Sc
cured on a debt against her husband.
f. C. Newcomb is attorney for Mrs.
Ross
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-07-12
Marriage Licenses,
STRONG'S ARE AT NOME.
Letter Received Yesterday Tells of
Their Arrival and Some of Their
Experiences in the North.

A letter received yesterday by Mrs.
Eugene Strong of South Main avenue,
announced the safe arrival at Nome,
Alaska, of her husband and son, Har-
ry, who left here, April 10, to spend
the summer in the nev El Dorado in
the interests of the Corwin Trading
company, of which the elder Strong IS
a director.
They left Seattle on the cOmpany's
vessel, the COrwin, May 25, and after
a thrilling voyage reached Nome June
10. on the way up they came across
the bark Catherine Sudden, of San
Francisco, which had sprung a leak,
and was doomed to sink with all on
board had not help arrived when it
did. Her crew and passengers and a
100000 cargo of provisions, tools and
the like We're saved ana the bark, her
self, after being lighteneG and patched,
was safely toWed to Nome.
The letter states that there were at
the time of writing, June II, 10000
persons in Nome and thousands of
others fighting their way thither as
fast as they could. The beach for n
hundred miles is a succession of tents
and rudeiy constructed novels, filled
with miners bent on washing a for
tune OF golden flakes from the sand
along the shore.
The COrwin company proposes to do
a general trading business, but will
also go into prospecting and mining
The Indians on the Asiatic side are to
be dealt with extensively in fur trade.
There are twelve men in the party
of which the Strongs are a part, in
cludlng a newspaperman, who is work.
ing up an extended illustrated maya
zine article.
CpooLa Tho IJotaI Iarrovn cIoor 1nc
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-07-12
O'Boyle Tragedy Recalled.

The terrible tragedy of March 3, last,
when James O'Boyle killed himself,
after attempting TO kill his wife, was
recalled yesterday by an application on
the part of Mrs. O'Boyle for letters OF
administration for her dead husbands
estate. The application was antici
pated with a caveat filed some time ago
by NJ. ]. Donahoe. attorney for
O'Boyle's sisters, and Register Koch
In consequence declined to grant the
letters. A hearing was fixed for July
20. Attorney Richard j. Bourke repre-
sents Mrs. O'Boyle.
The opposition to the granting of the
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-07-12
OBJECT TO THE RECORD.
Scotch Woolen Mills Carry the Case
to Common Pleas Court.

A writ Of certorari has been taken
in the case of Stanley j. Tybursti
against the Scotch Woolen mills of
this city, and Alderman Millar's rec
ord in the case will be reviewed by
the court of common pleas. The judg-
ment being for less than $5,33, an ap-
peal could not be taken.
Because of the filing of the writ Of
certiorari the sale advertised for 10
o'clock yesterday morning did not take
place. The Tribune was in error in
stating that the execution was direct
ed against the establishment in gem
eral Ten pieces of goods only We're
levied on.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-07-12

letters to Mrs. O'Boyle is based on the
claim that she was not O'Boyle's legal
wife. 1t is alleged that she was previ-
ously married to James Chester and
that he is still alive, or at least, Mrs.
O'Boyle falsely represented at the time
of her marriage that he was dead.
The estate in which Mrs. OBoyle
hopes to share is a property on the
corner Of Pittston avenue and River
street, now occupied by O'Boyles sis
ters.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-07-12
Spent a Good Farm Doctoring.

Mr.. A. N. Noell, of Ashervllle, Kan
sas, says he spent a good farm Doctor
ing himself for chronic diarrhoea, but
got no relief and was afraid that he
must die. He CHANGED to get hold of
bottle of Chamberlain's Collie Cholera
and Diarrhoea Remedy and was per-
manently cured by II, For sale by all
druggists. Matthews Bros, wholesale
and retail agents. 80
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-07-12
MOONLIGHT EyCTRSIoN-Tbe p

MOONLIGHT ENCURSION.-The Excelsior So
cial club last night gave moonlight excursion
TO Lake Ariel. II was strictly club affair and
there were about fifty or sixty Of the members
with lady friends present. The--party left the
Erie and Wyoming railroad station at 7.30
o clock, Baucr's full orchestra accompanying. At
the lake very enjoyable time was had, the ex.
curSionists returning home about II o'clock. The
committee in charge Of the affair was made up
Of Alfred Rice, NJ. Troutfet and Isadore Good.
m
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-07-12
C0MPANY'S OFFER
NOT DESIRABLE
PROPOSITION WAS
CONSIDERED YESTERDAY.

Park Committee and Park Commits
sioners Feel That $17,5oo Is too
Much to Pay for Right of Way
Through the Park, and Will Sub
NIT a Counter Proposition-City
Solicitor Vosburg Still Believes
City Can Remove Toll-Gate from
the City Limits.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-07-12
TRoIrBTE IN LII

TROUBLE IN LUNCH WAGON.-Two young
men named O'IIara and Ford last night entered
the lunch wagon at Penn avenue and Linden
street and began to quarrel with Abe Roos, the
man in charge. 4 scuhle took place in which
Roos made free use Of a large club. patrolmcn
Marker and Watkins brought the combat to an
abrupt close by taking all three men to the Cen.
ter street station Roos left a 50 deposit for
his appearance in police court this morning.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-07-12

MOONLIGHT PICNIC Luther league OF
the Holy Trinity Lutheran church Of Adams ave.
nue and Mulberry street, will hold a moonlight
supper and picnic at Nay Aug park on Friday
evening. July l3. Supper will be served between
and o'clock. All are invited TO come with
the assurance Of having a good time.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-07-12
THE OFFICE.
1O5 Wyoming Avenue,

Has been purchased by Ignatz Incl
dopf, who for several years has been
at Louis Lohmann's, Spruce street. -
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-07-12
CITY NOTES


SOLDIER NEUTRALITY-SUSPICIOUS. King recruit.
.ng officer in Scranton, last night took one of his
men to the central police station to spend
the night as the result Of his acting in drunk
en- and dsorderly manner.
PAYDAYS.-Thc Delaware Lackawanna and
Western Railroad company paid all the train.
men yesterday which completes the June pay.
roll. The Delaware and Hudson paid at Nos. l
and and the Powderly shafts at Carbondalc
COUNCIL MEETINGS-Both select and com.
mon councils will meet tonight and very lively
visions promised in both branches The
commoners will be taken up with the Arlington
turnpike question while select council will crap.
pie with fire department matters.
MINER KlLLED.-Michacl Cheswicz, a Poland.
er employed at the Storrs mine, was killed Tues.
day afternoon while at work by a great slab of
roof rock which had been looscned by a blast.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-07-12
PAVING CONTRACTS
ARE ALL ILLEGAL
NEW INTERPRETATION OF THE
MUNICIPAL LIEN LAW.

By a Decision of President Judge
Metzger, Of Lycoming County, an
Abutting Property Holder Can
Only Be Charged with the Cost Of
Original Construction and Con-
tracts in Which the Paving and
Repaving Are Considered Together
Are Illegal-other Court Matters.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-07-12
Or. Underwood

win receive his patients at room b,
Coal Exchange. -
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-07-12
NOT LIABLE FOR REPAIRS.

It would look as il it was an attempt in this
manner to accomplish indirectly what councils
had no power to do directly. That the property.
holders are not liable for repairs is now too well
settled to need discussion. Under the decisions
of the Supreme court all that can he charged
to abutting property-holders is the cost Of the
original improvement; the burden Of the main.
tcnance Of that improvement after it is once
made, is cast on the municipality.
In the case of the City Of WillamspOrt vs.
Beck, l2s Pa. 147, it is said: "Thc Imitation
thus declared to exist upon the power Of taxa.
ton for special benefits of local character rests
upon clearly defined and impregnablc basis
but notwithstanding this, the municipal author.
ties charged with the duty of maintaining their
streets and highways in proper condition, had
become so welded to the perniciOus system Of
maintaining such improvements at the expense
OF abutting property owners, that they were 10th
to abandon it, and various schemes were devised
to obviata the difficulty that resulted from the
decision in Hammet vs.. Philadelphia, but with.
out much success"
The time, also, during which this pavement is
TO be kept in repair is unreasonable length Of
time, and is a strong circumstance to convince
us that this is an attempt to impose upon the
propertyholders a burden for which they cannot,
by any law in Pennsylvania now in existence, be
made liable
The judge also decided further on in
the opinion that an assessment for the
entire cost of a public improvement on
abutting property by the foot-front
rule, without reference to special bene-
fits, is illegal and void, and that the
Act of July &c, 1897, p. L. APO, relating
to municipal liens, is retroactive and
Is constitutional.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-07-12
SPEEDWAY NEWS.
The HoteI
(Open All Year,

Track open for Gentlemen's Races
every Wednesday and Saturday At
ternoons.
Rifle Range is open.
All Erie and Wyoming railroad
trains stop at Speedway crossing.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-07-12

. It can be definitely stated that the
park committee Of select council and
the park commissioners will not re-
port favorably upon the proposition
made by the Nay Aug Falls and Elm
hurst Boulevard company to sell its
right of way through Nay Aug park
and its bridge over the gulch to the
city for the sum of $17,5OO.
While this decision was not actually
reached at yesterday afternoons meet
ing of the committee and the commits
sioners, nevertheless 1t was the pre-
vailing opinion among those present
1t is, of course, generally understood
that the Boulevard company submit
solving the present difficulty about
the removal of its toll gates from
within the limits of Nay Aug park.
There are several reasons why the
proposition was not thought favorably
of at yesterdays meeting. The first Is
that both the members of the COM
mittee and the park commissioners
consider Si7jQ0 too much.
All present yesterday said that the
city had never wanted the toll gate re-
moved beyond the city limits, but
about one-quarter of a mile beyond
the easterly end of the bridge. To
ask the company to remove its toll
gate beyond the city limits, as some of
the gentlemen connected with 1t seem
to think the city wants, would be
manlfestly unjust.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-07-12
JUDGES LANGUAGE.

After setting forth the provisions Of
the contract and ordinance pertaining
to repairs, Judge Metzger says:
Considering the contract as a WHOLE do the
provisions TO which we have referred constitute
a mere warranty Of the proper construction and
material used therein or does it imply a making
Of repairs which resulted not from any improper
construction or detective material used by the
contractor? Is it anything more than guaran-
tee by the contractor Of the quality of the mate.
rial used and the character Of the work per-
formed by him? That he to warrant it
there can be no doubt, but by the terms OF the
contract he was to do something more. lie was
to keep the pavement, during said period Of
seven years in good order and repair at his own
cost, and was, during said period, to repair and
make good at his own cost and expense and
without expense to the said property holders all
defects in said pavement due to its proper use
as a public highway
This clearly included ordinary wear and tear,
and included all repairs except such as would
be covered by a general warranty Of the char
acter of the construction and the kind of mate
rial uscd which might result from causes
other than its use as highway. lhis provision
Of the contract is for something to be done by
the contractor for which the property holders
were not liable. Why they included the provi
sion that this to be done without any
pcnSe to the said property. y.hOlders, We cannot
conceive. At first blush it looks very much like
a device to make the property.holdcrs keep the
street in repair for seven years by providing that
the contractor should do it at his own expense,
while, at the same time, he would take this pro.
vision into consideration in making his bid and
add sufficient to the cost Of the original paving
to warrant him in making these repairs during
that period.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-07-12

Arrangements for large parties
by phone, 4o74.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-07-12

BY an Interpretation of the law on
municipal liens, contained IN an opin-
ion from President Judge Metzger, of
Lycoming county, every paving con-
tract made by the city Is liable to sue
cessful attack. In the matter of such
paving contracts as that-of Mulberry
street, where the payments are to be
made in annual installments and where
all have not been paid, the city is sub
jected to the possibility of being COM
PEELED to shoulder a goodly portion of
the expense now assessed against the
abutting property holders.
The gist of Judge Metzger's opinion
is as follows:
"A property holder cannot be COM
PEELED to pay for repairs on streets,
which a contractor, in contract for
original paving, has covenanted to
make for a period of years, where it
appears that the covenant OF the con-
tractor contemplated repairs such as
might be rendered necessary by ordi-
nary wear and tear"
The finding was made in the paving
case of the City of Williamsport
against Lloyd. The defense was that
the abutting property holder can only
be charged with the cost of the orig
inal construction and that the repairs
must be made at the expense of the
city at large.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-07-12

Breakfast, 6 to 9 a. m.
Lunch, to 2.3O p. m.
Dinner, 6 to 9 p. m.
Lunch all day in Cafe.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-07-12

Smoke the -?ocono Cigar. Sc. &c