The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-01-08

sary to produce the alderman's docket The
alderman, being out Of town attending a con.
vention, the docket was left in the custody Of
his clerk, who brought Il to the grand Jury room,
and who was sworn a witness, all the entries,
including the interlineation, being in his hand
writing. There was nothing improper in this
u was necessary TO prove the entries In order
to make any kind Of prima face case. II the
clerk, as II is intimsted, in answer 10 question
by grand Juror, explained that the interlinea'
tion was made 10 correct clerical error, 1t is
not surprising that the bill was ignored.
Nevertheless we cannot overlook the fact that
priina fscie the prosecutrix, In the absence OF
any explanation by the defendant or his clerk,
presented a fair case, and we know Of no reason
why her good faith should be impugncd. On
account Of the allegations contained in the peti.
tion rejecting upon the conduct Of the district
attorney, 1t is proper for us 10 state that there
is nothing in the case to warrant such a rehec.
ton. His treatment of the was fair and
above suspicion. Apparently lie exercised more
than ordinary caution OIL account OF his rela'
tionship by marriage to the defendant.
Tho rule 80 far as il relates TO the finding OF
the grand jury on the question Of costs is made
absolute and the costs are rsn,ittcd.
Judge Edwards dismissed all the ex-
ccptions filed by G. p. O'Malley and
the Olyphant Sewage-Drainage COM
Iany. to the report of the viewers OF
the First sewer district of Olyphant,
aud directed that the report be con-
frmed. The rule to strike off the APP
peal of the Sewage company
was discharged.
The contention of Borough Solicitor
Frank NJ. Lynch that Mr.. O'Malley
had no standing as an exceptant, be-
cause he did not own property along
the line of the sewer, was held by
Judge Edwards to be good law. and on
this point he ruled out the O'Malley
exceptions. The age-Drainage
company Is likewise declared to have
no standing as an exceptant. but the
Judge says its right to appeal, which
he allows to stand. involves an adju-
dication of the main contention of the
case, and he will dispose of 1t after
| full hearing.
CAUSE OF DIFFICULTY.
The difficulty grows out of the action
of the borough in proceeding tosbulld
| a municipal system of sewers, after
| having given the Sewage-Drainage
company a franchise to construct sew =
ers on all the borough streets, and
permitted it to expend over $4,000 in
material and construction in carrying
out the rights of its franchise.
The rule to show cause why the de-
fendant should not be permitted to file
an affidavit and bail and pay costs
| in court to perfect an appeal, in the
case of S. ". Steter against the Dela-
ware and Hudson company, was dis
charged by Judge Edwards, and the
appeal stricken off.
In the case of DIR. c. Fl. Fisher
against Joseph p. Phillips and Esther
Phillips, his wife, Judge Edwards re-
fuses to allow judgment to stand
against the wife's separate estate on
the ground that the basis of the claim
medical services, was necessity, and
even though the services were or
dered by the wife, her estate cannot
be held liable unless she expressly
undertook to become liable. The find
ings of the arbitrator e. II. Shurt'
left, that Mrs. Phillips did not under
take to become liable and that the
charges must stand against the hus.
bands estate. are approved
The petition of George Kellow tc
open the Judgment obtained against
him by the city of Scranton on q
sewer lien, on the strength of an al
legation that the assessment was ir'
regular in that his corner lot was
charged with the sewer on two streets
while the properties on the other three
corners escaped with one assessment
was denied by Judge Edwards on thu
ground that the defendant neglected
to except to the report OF the viewer!
or take an appeal until more thar
six years after the report was con
fjrmed.