davidaulloa/AmericanStories huggingface dataset:
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-01-15
WANT TO HAVE THE
BALLOTS COUNTED
Application to Court for a Writ of
Mandamus in the Minooka Pri-
mary Election Squabble.

Attorneys John p. Quinnan and NJ.
F. Conry yesterday applied to the
court for a writ of mandamus to conf
pei the men who on Friday last con-
Quoted the Democratic primary cleo
ton in the Minooka district of Lacka-
wanna township to count the votes
cast and make return of the same to
the end that it may be known who
were nominated.
At Fridays primaries there was n
fierce fight between the Coyne and
anti-Coyne factions. each striving to
nominate their candidates. The Coyne
candidates were: For supervisor, p
j. Lowry; for assessor, James Nallin;
for school director, John Joyce: for
treasurer. John G.. Jennings. The
anti-Coyne ticket was az follows: For
supervisor. Patrick Higgins: for asses
sor, William Buckley; for school di-
rector, Patrick Philbin; for treasurer,
Patrick Mongan.
So fierce was Fridays battle that
blows were struck and the building
was almost wrecked. The anti -Coyne
faction say they won a complete vic
tory, but the board Is largely made
up of Coyne men, and according to the
representations made in court yester-
day by Attorneys Quinnan and Conry
the board turned the ballot box over
to Justice of the Peace Michael ONeill
and has since refused to count the
vote
Judge II, NJ. Edwards. to whom the
application for the writ OF mandamus
was made, said he knew of no author
ity that would warrant him in issuing
the writ asked for. The court did not
have power, he said, against primary
election officers. If the attorneys could
show him any authorities that would
lead him to take a different view of
the matter he said he would be pleased
to hear from them this morning.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-01-15
HIS SKULL FRACTURED.
Edward Levick, of Duryea, the Vic.
tim of a Brutal Assault.

Edward Levick, contractor living
in Duryea, was the victim of an out
rageous assault at the hands of four
Polanders on Sunday afternoon at j
o'clock, and as a consequence he lies
at the point of death.
The Polanders claimed that Levick
owed them money which they could
not collect and they set upon him on
the street Sunday afternoon and beat
him numerically. One of the men
struck him over the head with an iron
bar, fracturing his skull He was re-
moved to his home where he was at
tended by DR.. Baker. who reports his
condition as very serious.
The four men escaped but one of
them, whose name could not be learn
ed was captured yesterday and was
committed without bail to the Lu-
zerne county Jail by Squire Gilboy.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-01-15
Non-Suit Will Remain.

Judge Edwards handed down an opin-
ion yesterday in the case of Thomas
and Maria Davis against Susan Spen-
cer Frank Spencer. Ambrose Spencer
and Charles Spencer, rule to take off
non-suit. The judge refuses to disturb
the non-sut
Owen Davis, a young man over twen-
ty-one years of age, while at work in
the Spencer iron mill, at Green Ridge,
on March 20, 1898, was killed by the
bursting of a fly-wheel. The plain
tiffs, the parents of the young man,
brought suit to recover damages.
When the evidence on part Of plain
tjffs was closed, a motion was made
for q compulsory non-suit and the
motion was allowed. Three reason; for
a non-suit We're assigned: ~ That
there was no such evidence of negli-
gence on the part of the defendants as
entitled the plaintiffs to recover; ~
that owen Davis was guilty of con-
tributory negligence: go that there was
no competent evidence to submit to the
jury as to the measure of damag ges.
The non-sut was allowed mainly on
the first ground. After reviewing the
evidence with reference to the negli-
gence of the defendants, the judge
says:
The only defect e't is the absence Of the sec
onl key, Did this cdusC the accident? This
is the important question. Was there any esi.
dence which ought 10 30 to the jury which
it could base reasonable conclusion? Docs not
the inquiry remain in the realm OF conjecture
pure and simpler An attempt was made by cx.
part testimony TO answer the question. II was
with some Hesitation we ruled that the wit.
nesses were competent. Hypothetical questions
were asked, and were excluded because they
did not include the facts testified TO, nor did
they include all the facts. We do not see how
| any jury could ascertain fairly the cause of the
accident in this case We. therefore, think the
evidence tails far short Of showing actionabe
negligence on the part OF the owner OF the mill.
The law OF negligence is so well established
by repeated adjudicstions that We do not deem II
necessary TO make any citations. The only diff.
Guilty in negligence cases Is in the application OF
well settled principles TO the varying facts
| oi each case they come before us from term
to tenn.
The question of the ContributoIy negligence oI
| the deceased IL close one. Considering the na
| ture OF his employment and under all the evi
lencc, We were OF the opinion at the time OF the
t1al that with proper instructions it was a ques
| tion ior the jury We are still OF the same opn
| ion. rs 10 evidence relating TO the measure o
| damages there was sufficient evidence to go &c
| the jury.
The rule 10 take of the non suit is discharged
and an exception noted Tor the plaintiffs
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-01-15
Mrs. Hurn Files Her Answer

Mrs. Malvina Hurn yesterday filed
her answer to the charges made
against her by her husband, John
Hurn, of Eynon street, in his applica-
tion for "A divorce filed on Dec. ] last.
Mrs. Hurn says they We're married
Feb. l2 1876. She denies having beat
him, attempted to poison him or used
Indecent language in addressing him
as he alleged in his libel. She also de-
MES that she INDUCES in Intoxicating
drinks habitually or that she ever bit
him or pulled his hair.
She says he has continued TO live
with her since he began the divorce
proceedings; that he at times beat her
until she was black and blue and that
in consequence of one of his beatings
| she had a miscarriage. He was very
angry when she gave birth to a child
| and did not look at 1t until It was six
months old. The child is now four
years of age,
A rule was granted to show cause
why Hurn should not pay his wife ALI
mony and counsel fees and David Lam
dau was appointed a commissioner to
take testimony. The case will be
heard at the next term of argument
court.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-01-15
STRIKE MUST BE DECLARED OFF
Resolution Passed by the Master
Carpenters Last Night.

At meeting of the Master Carpen-
ters of the city, held last night, in an
swer TO a communication from the
carpenters unions. Nos. asa and 563, OF
this city. asking for joint conference,
the Master Carpenters adopted the
following
Resolved, That Unions No. ISL and JG3 be mott.
fed that the Master Carpenters association de.
Sircs The strike to be declared OF, before any
move shall he made leading towards a confer.
ence.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-01-15


without the assent OF the electors II The bonded
Indebtedness OF the city which was incurred win
the assent OF the electors, amounting TO S2"'""'
u 10 De included IN ascetta'ning the preSeh. n"'
dtbtedncss, the two per cent. limit has been
passed. and no further Indebtedness can NC M
CURED by municipal authority aiohe. M ,ne
'lai We eScluucd tue evidence OF tne uept Wn,on
was created with the assent OF the electors no'u'
ing that II should not be Included IN making
UP the present ihdeotedhesS oi Tue Guy 49,
iherc are many arguments IN "Nor OF ."'
ruling which we VIII not take up space 10 p,e'
sent now. put upon iuli consideration sno osre'
to the conclusion that this ruling was erroneous.
The facts are agreed upon oi record and this can
be corrected now without any additional or iur'
ther evidence. Ihe TACT that ths hcm OF h''
debtedneSs was authorized ny vote OF the eiec'
tors makes It none the less debt within every
definition OF the word, and 1t seems clear tnat
any further increase or incurrins any new dent
viii add to and increase this character OF debt
as well as the other Indebtedness OF the citE,
ana thus violate this clause OF the CONSTITUTION
Ihis precise question has never been aoJud''
Gated so FAR as we have been able to learn hnt
the constitutional provision has been before our
Supreme court at different times. Tie
sz"'"o Indebtedness oi the city incurred oy M
ascent OF 'ne voters was incurred oy 'ho niuhr
'f"' "S'h'''''''' NV '"'S "''''"''
that Indebtedness and the other items OF indeo'
edness incurred Is That the voters aSsen,ed 70
the act OF the municipal authorities III tue one
case and IN the other case they were not CON
suited
Inc ueOt ot the Guy OF scranton whch ha'
peeh incurred ny inc municipai anthofiues vi
part WIN ana IN part without the assent OF 'he
electors exceeds Two percentm oi the assessed
valuation OF property and SO as we have already
said II seems clear that no futther Indebtedness
can nc incurred without the assent Of the voters
uhder tue nlain language ana meaning OF inc
CONSTITUTIONAL prohibition'
MEANING or vnpn npuT
..
'o'u"' ol 'ne o'oihan'e P'oNiu,e ''s' tne
wy VI ','"n''h aaSu'nr, no lao'i,N ior ,n'
,"s"',n' W 'n. P'' o' 'ne '"sl 0, 'ne iouhu'
'on "nu superSt,u'tWe oi tue Naduct ana INC
Oo"''aV'o' ', WI" oo'd''s 'nc ,onuact 'o' ,"c co"
S.'uc''p' "' ,ue same Is TO nc Paia ny 'ne pcI'
""''' ''''ha""n"" anu "e''er" h"roau con,
P"'t '"u 'ne scranton hliWaS 'omp'nN as tie
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-01-15
FUNERAL OF M. j. ANDREWS.
Held from Family Residence Yester-
day Afternoon.

The funeral Of Morris j. Andrews
was held from his late residence at
los Mulberry street yesterday at go
y. m. Rev. DR.. Rogers Israel, of St.
Luke's church, was the officiating cler-
syman. Among the many beautiful
floral tributes was a magnificent pillow
from the employees of the Dickson ma
chine shops.
The pallbearers were: FreJerIcl;
Price. A. j. Marvin, William Coleman
and John Broadbent. The body was
taken to Dansville. Ny. for interment.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-01-15
Y. w. c. A. NOTES.

Mrs. friedewald will be ready to RESUME woIk
with the literature class thi, evening. The elias,
is studying 'Last Day, o' Pompci,' and ali
gis are invited to come in and join IN the
study.
The Bible classes have resumed, one meeting
Monday evening at 80 aud one Friday dt
1880
Mrs. H. J. Hall, Of 81 Madison avenue. has
recently been elected treasurer of the a',ocil'
tion.
The girls industrial club had a very interest
ing session last Friday afternoon. They viii
meet again IN Friday Of this week AT O'Clock,
and the waitress course will be n,inucd.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-01-15
He Has a License.

Editor OF The Tribune
Sir: In the first returns OF the present grand
Jury true bill is returned against Anthony
Peterson Tor selling liquor without a license
Some one who was present before the grand
jury As witness must have done some good
swearing, because Anthony Peterson, the inal
indicted, has license which was granted am
taken out in March, 1000, which the records o.
the court will show Yours truly,
Richard Barron.
Constable First ward, Dickson City.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-01-15

of wages from 1925 to $3.50 a day.
Their demands were refused by the
management and at last accounts they
were still out.
General Manager Bailey could not be
found last night by a Tribune man,
and the companys version of the
trouble could not be learned, everyone
asked telling tho reporter to "See Mr..
Bailey"
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-01-15
For Councilman, Ninth Ward.

] hereby announce myself a candi-
date for the Republican nomination
for common council in the Ninth ward
subject to the Crawford county rules
respectfully ask my friends to kindly
assist me at the coming primary cleo
ton. Should / be elected. | will serya
the taXpayers and citizens TO the
best OF my ability. Yours truly,
%" Peter N Ham
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-01-15
The Best Cold Cure

Is one you can take without Interrupt
tion to business. One that does not
effect the head or hearing like the con-
tnued use of quinine. One that cures
speedily and leaves you feeling fresh
and clear-headed. Such a one ia
Krause's Cold Cure. Price 25c. Sold
by Matthews Bros. ss
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-01-15
MANY CASES
WENT OVER
COMMON PLEAS LIST FOR THE
WEEK PARED DOWN.

Titles of the Cases That Were Con-
tinued-only Two Cases Were Put
on Trial Yesterday.-Gra Jury
Spent the Day Investigating the
Charges Against Magistrates.
Mrs. Malvina Hurn Has Filed an
Answer Denying the Charges Made
in Her Husbands Divorce Petition.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-01-15

against magistrates TO the effect that
they have been unlawfully drawing
fees. over twenty witnesses were
heard.
The jury expects to make its final
report to court at noon Wednesday.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-01-15
TWELVE LINEMEN STRIKE.
They Demand an Increase of Twenty.
Five Cents a Day.

Twelve linemen employed by the
Central Pennsylvania Telephone COM
pany struck yesterday for am increase
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-01-15
LETTERS FROM THE PEOPLE.

finder this heading short letters Of interest
will be published when accompanied, Tor publica-
tion, by the writer's name. The Tribune does not
assume responsibility for opinions here expressed
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-01-15
VIADUCT CAN
BE Erected
JUDGE KELLY HAS DISMISSED
BILL IN EQUITY.

He Decides That the Fact That Dam
age Will Be Done to Properties by
the Construction of the viaduct
Does Not Make These Damages at
This Time a Debt Against the
City--Reversed Himself with Ref
erenos to the Two Per Cent. Debt
Limit.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-01-15
WEATHER YESTERDAY.

Local data for Jan. H. 1901:
Highest temperature ............... 81 degrees
Lowest temperature ............... ~ degrees
humidity:
. Il. VI. s.s...''...'..........s. J" cent
p' III. .......'..-.......'.s.' "J per CENT
snowfall, u hours ending p. M, trace.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-01-15
DIED.

LoWRY-Merrlt Lowry, Of Greenfield. age As
-s.rs. funeial az Clifford Tuesday at a an
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-05-28
PRACTICAL RAILROAD talk.
c. a. McAlpine Addresses Harvard
Engineers.


In his address before the Harvard En-
gineer school Mr.. C. A. McAlpine, diviS-
ion superintendent OF the New York
New Haven and Hartford, spoke. in
part as follows:
THE service does not offer an easy
road to positions Of prominence; It has
no place for the indolent or incompetent,
but to the energetic and capable. who
are willing to comply to its exacting
conditions, it promises opportunities for
advancement according to ability. While
it calls for abilities of a high order there
their exercise. To successfully conduct
the affairs of a railroad one should not
only have a practical knowledge of the
details of the business gained from ex-
perience, but should have executive albil-
ity and a thorough knowledge of men,
as the human element is a. most import
ant factor in the problem. He must be
able to select competent and trust
worthy heutenants. command the loyal
ty of his subOrdinates. while maintain
ing strict discipline and dealing justly
by all He must keen in close touch
with tire people and interests of his ter
IrItory, in order that the public may be
best served and that he may best meet
the ever-changing conditions. The
greater number of our successful mana
gers of the past have had but little be-
yond a practical education gained in the
service, and the value Of which can NOT
be overestimated, but changing condi-
lions are making it more and more nee
essary that he have in addition a tech
meal training. that he may the more
readily recognize and avail himself of
correct scientific principles. In my
opinion the time is not far distant when
the railroad man who has not the ad-
vantage of q. university education or its
equivalent must fall to the rear unless
gifted with exceptional natural abilities.
and, all else being equal, the engineer
viii take preference in pushing to the
front. Each year the engineer takes a
more prominent place in railroad man
agement, it being recognized that sue
cessfu1 operation is largely dependent
on proper construction
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-05-28
WELL1NaroN NOTE.

Roadmaster Selfridge, who has charge
of the Santa Fe track between here and
Woodward, is a brother-in-laW Of Gen
eral Manager H. II. Nudge.
Two Of the Union Pacific engines in
use on the. Panhandle division Of the
Santa F'e have been sent away. Engi-
neer Stonefield took one OF them TO
Newton and Engineer Lupher took the
other.
Brakeman J. T. Machine, who form
erly worked on this division, came up
the other day from Caldwell on business.
He is now running on the Rock Island
south from Caldwell.
Linefnan il Kise went out on the
EngleWood branch Monday with the
Weed-burner. The Weed-burner travels
only two miles an hour. and Kise takes
advantage of the time to replace broken
insulatOrs, etc. It is much easier on him
than riding his three-Wheel handcar.
The weed burner came in Friday
night and was here over Sunday This
machine is still more or less an expert
ment and is an object Of curiosity to
even the railroad men. Combustion Of
green weeds is secured by the dlstribu
ton of oil on both sides Of the track and
the weeds are thoroughly killed until
new crop sprouts from the roots. One OF
the worst features connected With its
operation is that the FIRE catchers in the
ties and ruins many of them. AnOthe~
difficulty is that the oil smeared on the
rails is not always burned. and conse-
Quently it is hard work for the engines
to pull trains over the road where the
weed burner has been at work
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-05-28
FIRST DIET rHRowN.
Ground Broken For the Orient at
Emporia

Emporia, May 28.-The first dirt on the
right of way of the Orient railroad in
Lyon county has been thrown. A gang
of about eighty-five men. 100 teams and
considera bic machinery, is now at work
on the Nuttin9 farm. two miles west of
town breaking up ground for tbs Orient
railroad.
At 1:30 Monday afternoon a carriage
conveying Miss May Madden, who re-
ceived the most votes. Miss Mabel Rob-
errs, J. z. Evans. president of the Bush
ness Mems association and Chas. Harris,
of the Commercial club, passed up the
street. The cOachman was A1ilt White
A couple of wagons to be used in the
work followed and behind same a. num-
Der of buggies.
Out at the camp the crowd had already
collected. The ceremony was short and
to the point. ]. E. Evans made an adj
dress. telling how good it looked to see
the actual work begin. He said that
maybe the parade looked like a small
funeral, but if it was to be compared to
that, that people should go further and
remember that it was the funeral of the
dull and dead past in Enporia, and that
today and now there was born new
era to Emooria and the county
NJ. White and Contractor Elliott
followed with short talks. Miss Mad
den then threw the first shovel of dirt
and the big grader that will do much
of the work was started. Probably 400
people were in attendance and watched
the ceremony.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-05-28

diseases, poor digestion. when obliged to
pass your water frequently night and
day, snarting or irritation in passing,
brick-oust or sediment in the urine.
headache, backache, lame back. dizzi-
ness, sleeplessness, nervousness. heart
disturbance due to bad kidney trouble.
skin eruptions from bad blood, neuralgia,
rheumatism. diabetes, bloating. irrita-
bility, WORKOUT feeling, lack Of ambition.
loss OF flesh, sallow complexion, or
Bright's disease.
If your water, when allowed to remain
undisturbed in a glass or bottle for
twenty-four hours, forms sediment OF
settling or has a cloudy appearance, It
is evidence that your kidneys and blad-
der need immediate attention.
Swamp-Root is the great discovery Of
Dr. kIilmer, the eminent kidney and
bladder specialist Hospitals use it with
wonderful success in both slight and
severe cases. Doctors recommend it TO
their patients and use it in their own
families, because they recognize in
SwampRoot the greatest and most sue
cessful remedy.
Swamp-R0Ot is pleasant to take and ls
for sale the world over at druggists in
bottles Of two sizes and two pricrs-fifty
cents and one dollar. Remember the
name Swamp-Root, and the address.
Binghamton, N. Y.
the slightest symptoms of kidney or
Of it in your family history, send at once
who will gladly send you by mail, inn
bottle Of Swamp-Root and a book con-
thousands Of testimonial letters received
be sure to say that you read this gen
Journal
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-05-28
Fl KILLED..
Explosion of Coal Dust in a
Tennessee Mine.

Chattanooga Tenn. May ga special
from Dayton Tenn TO the Times says:
At the RichIand mine Of the Dayton
Coal and Iron company. two miles from
Dayton. at 4:3o o'clock yesterday after
noon, a terrific explosion Of coal dust re-
white, and most Of them married and
with families
The explosion was caused by what is
known among miners as a blown past
1t is the custom Of the miners to place
blasts to fire them or at quitting time
each afternoon. leav1n gthe coal thus
thrown down 10 he loaded and hauIAd
from the mine the next morning The
Richland mine is destitute of water and
dust, invisible to the naked eye. accunu-
late at the roof of the mine This dust
IS subject to explosion If exposed TO
flames A dynamite cartridge was placed in
position in one of the rooms for a blast
and the miners started for the mouth OF
the mine The blast did not explode as
intended. but instead a long flame shot
out OF the blast hole and ignited the ac-
cumulation Of dust Instantly terrific
explosion occurred and mass of flames
shot TO the mouth Of the mine and
tended 500 feet into the open air. scOrch-
There were thirty-fOur men in the mine
at the time Four OF these escaped with
and nine terribly burned, most OF them
fatally The force of the explosion
caused great masses of coal and slate
TO cave In from the roof OF the mine and
many miners We're completely buried.
Word quickly reached Dayton and res
cue forces were organized and proceeded
and horribly disfigured bodies were taken
from the debris and carried to the mouth
locomotive and taken to Dayton.
All the men employed in this mine were
residents Of DAYTON
The Richland mine is the property of
the Dayton Coal and Iron company. COM
posed OF. Glasgow capitalists The COM
pany operates an iron furnace at Day
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-05-28
sANTA D. SHOE PICNIC.
Annual Outing Win Be Held at Kan
sas City June %.

The annual Santa F'e shop picnic will
be held at Kansas City June % This
was decided by vote of the shop men
Monday afternoon, the winning city re-
ceiving /, 112 of the ,404 votes cast. The
vote Of the men was canvassed last night
by the general committee which held
a meeting in the parlors of the railroad
Y. M c. A. Other towns in the contest
were Leavenworth, Atehison and ST
Joseph. Leavenworth received 46 votes,
Atchison 142, and St. Joseph 104.
The offering made by Kansas City is
as follows: Free use of Paramount park
and athletic grounds; dancing pavilion
and orchestra; vaudeville entertain
ment free to all shop men; fifty dollars
in prizes for sports: all kinds of re-
freshments on grounds: street car fare,
round trip tickets. Is cents. Tickets for
the trip will be IS cents for the round
trip for adults: children under twelve
years, 40 cents
The shop picnics are always well at
tended, it usually requiring several spe-
cial trains to carry the excursionists.
The one this year win probably not be
behind those Of other years in this re-
Spect-