davidaulloa/AmericanStories huggingface dataset:
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-08-12
W1cKIzER's BILL APPROVED.
He Will Be Paid for His Work on
CITY Streets.

After being refused payment by the
city controller, approved by the audit
ing committee, and again vetoed by
the controller. the bill of w. H. Wick
izer for $500 has at last been allowed
by all the proper authorities, and Mr..
Wickizer received his money yester-
dav.
The $500 was charged for repairs on
Grant avenue and Jackson street, and
while the validity OF the claim was
never doubted, the city controller re-
fused to sign warrant for the amount,
because of alleged Irregularities in the
contracting for the work. An opinion
received from City Solicitor George NJ.
Watson, the latter part OF last week,
and an affidavit made by Wickizer that
the work had been done by the day,
removed Controller Costello's scruples,
and ergo the payment of the claim.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-08-12

we have stated. there are 1856 subscribers.
Their subscriptions vary from 500 to
49, 900. The amount to be raised was
$i2, 600. Take for instance the case OF NJ.
*. Garrison, one of the subscribers. He
subscribes for one share of stock-Sl00.
Or, A. n. Dunlap, who takes no stock,
but who agrees to furnish the milk of
ten cows. Would it not be unreasonable
TO suppose that these individuals UNDER
stood the contract as making each liable
for the $4,000.
We do not think that the plaintiff Is
helped out by the final clause in the
contract which states that "for a full
and faithful performance of our respect
i've parts of this contract. we bind our
selves. and our successors" The use of
the words of plurality, such as 1--WE bind
| ourselves will not make the contract
joint, when the parties engage for the
performance of distinct and several du-
ties Il Add, Contracts, S6). And as was
said in II case like the one at bar Courts
ought not to permit isolated words or
phrases. importing a joint obligation, TO
defeat the manifest intention OF the par
ties as gathered from the entire con-
tract" Another consideration worthy of
our attention is the fact that the de-
fendants belong to an agricultural COM
munity. We do not have to go outside OF
the agreement to ascertain this fact. The
language used in Davis ct al. VS.. Jones,
80 u. S. App, S2 1885 in case similar
to the one at bar, is pertinent in this
connection.
PLAINTIFFS POSITION.
We shall now state the position taken
by the plaintiff. Counsel for plaintiff
contend that the contract upon which the
suit is brought was entered into for a
double purpose: l. 1t is a joint obliga-
tion ON the part of the defendants to. pay
for the condensery plant. This Is the re-
lation of the Subscribers" the party OF
the second part. to the Sayre Lumber
company, the party of the first part
The first party agreed to build the
lContinued OH Page III
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-08-12

of election of the First district, Second
ward of Carbondale, to succeed Harry
Hall. who has moved from the district.
The time for filing an answer in the
mandamus case of the borough of Dun
more against Myron s. Knight, was con-
tinued until September 10, on application
of the defendants attorney, c. Balentine.
August IA. at Q a. m. was set by Judge
Edwards as the time for hearing ex-
ceptions to the ruling in the case of
L. Spencer again II. II. Emery and +. r..
Hughes.
The bond of IT, G. Smith. collector of
taxes of Benton township. was yesterday
approved by Judge Newcomb 1t is in
the sum of $500 and has L. NJ Frank
lin and James Delevan for sureties.
Earl c. Carpenter petitioned court for
the appointment of a commissioner to
inquire into the sanity of his father, JO-
seph Carpenter of North Abingdon. Fred
e. Scott was appointed commissioner.
Attorneys r. j. Bourke. John J. Murphy
and J. W. Carpenter have decided to take
an appeal for the plaintiff in the case Of
the borough Of Archibald against the Elk
Hill Coal and Iron company, the Ray
mond washery case.
j. M. Harris. C. r. Bedford, Joseph
II. Gunster, John NJ. Edwards, c. A. Bat
tenberg, +. f. Boyle and T. j. Price were
appointed viewers in the case of Bridget
Goulden against the Scranton and North
eastern Railroad company
b. j. Murphy. Michael Il. Gilmartin. Jo-
seph Wilde. s. s. Jones and John B.
Shannon were appointed viewers to as
sess the damages occasioned by the Bel
mont Water company taking lands in
Fell township, belonging to the Aitken
estate.
Louis Gramer. master and examiner,
appointed to adjust the Indebtedness be-
tween the borough of Vandling and the
township of Fell. out of which Vandling
was recently carved. reported that the
total Indebtedness was $6.552.G2, and that
Fell township is chargeable with $1,3c3. "a
of it. The report was conditionally con-
firmed by court
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-08-12
Yesterdays Marriage Licenses.
COURT HOUSE NEWS NOTES.

Stanley M. Newton was appointed a
committee of the estate Of John j. Peck,
Court allowed NJ s. Mcdonald to adopt
Alta II, Green child of Charles G. Green.
Joseph Jeffreys was appointed master
In the partition suit of J. II. Canterbury
Ell al again Katie Walsh, etNal.
In the case of Margaret NJ. Williams
against william Chappell court permit
ted new declaration to be filed.
IL was ordered that the Compton divorce
case be placed on the next argument list
for argument before the court In banc.
Judge Edwards granted charter to the
Odd Fellows Hall association, of Jer-
myn, and the Primitive Methodist church
of Sibley.
In the case of Michael Corby against
Dominick Gilmartin. court granted a
rule on the plaintiff to show cause why
judgment should not be stricken off.
g. b. Van Gorder was appointed Judge
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-08-12
WE'RE GIVEN AN OVATION.
Benefit for MI. and Mrs. Dixie al
Elmira.

Manager Henry F. Dixie was in town
Saturday, making final arrangements
for the opening of his new play house,
the Dixie theater. Last Thursday
night, Mr.. and Mrs. Dixie were ten
tered benefit at Elmira, Of which the
Gazette Of that city SAYS:
Last night was Roricks gala night.
All previous records both for crowds
and entertainment were smashed COM
pletely and it must have been very
pleasing to Mr.. and Mrs. Dixie to see
the esteem which the Elmira people
have for them manifested in such an
evident manner. 1t was an ovation
from start to finish and the perform
ers were on their mettle and could not
have presented a more perfect and
pleasing performance.
"As the curtain arose on the second
act ex-Judge S. S. Taylor stood in the
center of the stage surrounded by the
members of the company. In a few re-
marks he congratulated the company
on it's success, wished the members
success and assured them of the friends
they had made in Elmira. He then, on
behalf of the audience, presented to
Mr. and Mrs. Dixie, bag of money,
the box Office receipts.
"Mr. Dixie responded in a mirthful
vein, but showed much pleasure at the
ovation and assured the audience of
the appreciation he and Mrs. Dixie had
of the occasion. I know he said, that
it represents city full of friends"
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-08-12

of the subscribers, it is hereby agreed
that when this contract is closed second
parties are to incorporate under the laws
of the state I" fixing the aggregate
amount of capital at not less than the
amount subscribed which (shares)
are to be issued to subscribers in pro-
portion to their paid-up interest in said
factory"
This clause is strong, If not con-
trolling indication of the actual intention
of the parties to the contract. 1t may be
that the language Is ambiguous. Let this
be granted Yet. as Chitty says: "lf the
agreement be so formed as to be am
biguous. 1t will be held to be joint. If the
interest be joint, and several II the inter-
est be several; an agreement. prima
facie joint, may be construed to be sew
erai If the interest of either party, ap-
pearing upon the face of the instrument
shall require that construction"
INTENTION OF PARTIES.
This simply brings us back to the pro-
position that the intention of the parties to
am agreement must be gathered from its
consideration as q whole, 1t may be also
observed that according to the contract
the interest of each of the subscribers in
the subject ma tier of the contract Is dis
tinct and different, One subscribes for
certain number of shares of stock and
agrees to furnish milk from a certain
number of COWS. Another subscribes to
the capital stock. but agrees to furnish
no milk whatever, and another agrees TO
take no shares of stock, but does agree
to furnish the milk from a stated number
of cows. But they all agree to form a
corporation which shall own the factory.
Taking the agreement as whole and
considering all the inferences fairly de-
duclble from its terms, is 1t possible to
avoid the conclusion that the contention
of the defendants is correct and that
their undertaking was not Joint.
Is it not apparent from the reading of
the contract that not one of the sub
scribers intended TO incur a liability be-
yond the amount of his subscription 10
the capital stock of corporation? AS
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-08-12
Seven Admitted to Practice.

Seven attorneys were yesterday ad-
mitted to practice in the common pleas
and equity courts. Among them was
Miss Clara Peck, the first woman law
yer in Lackawanna county, who, on
Monday last, was admitted to practice
in the orphans court. w. A. Wilcox
moved her admission.
Others were admitted as follows: c..
II. Welles, jr., on motion OF James II.
Torrey; Walter l.. Schanz, on motion
OF ex-Judge T.. N. Willard; Ralph w.
Rymer, on motion of Roswell ii. Pat
terson; Hugh b. Andrews and George
c. Scheuer, on motion of r. A. Zim-
norman; Jesse e. Sickler, of the Wy
omng county bar, on motion of Fl. D..
Carey.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-08-12
Alimony Allowed,

Court yesterday made an order di-
recting William IIldridge to pay his
wife $50 counsel fees and $40 a month
alimony, beginning Aug. Is, on which
date $50 is to be paid.
In the divorce case of Henry Scheuer
against Pauline Scheuer court ordered
the defendant to pay $25 as counsel
fees for his wfe's lawyers. A jury
trial has been allowed in this case.
A bill of particulars was filed in the
divorce case of T.. w. Robbins against
Frances Hattie Robbins,
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-08-12
Poor Board Cases.

The poor board cases, in which Johr
]. Murphy and James A. Evans are
seeking to show that the Office of poo,
director is elective, instead of appoint
i've, and that it has been filled by elec-
ton. was to have been argued yester-
day, but on account of the stress OF
other work. the judges put it over tc
the October term of argument court.
1t is expected it will then be disposed
of finally.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-08-12
Strike Called Off.

The following committee-Messrs.
Fowler, Atherton, Fidiam and Rims
land-have decided to end the present
trouble between the miners and opera
tors at Lake Ariel. Thursday, August
14-Woodmen's Day committee-chosen
by Mitchell and Mark Hanna. Miners
and operators invited. Train leaves at
$50 a. m. and 1880 p. m. ="
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-08-12
Mining Congress at Butte.

Secretary Seamans. of the board of
trade, has received an invitation to the
international Mining congress, which will
meet at Butte, Mont. the first five days
OF September BY the terms of the invi-
tation. the local board Is entitled to five
delegates. The congress Is hold for the
purpose of securing better national min
Ing legislation.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-08-12
In and About
xxxThe City
Harry B. Stanton Injured

Harry B. Stanton, of Plattt place. fell
through temporary sidewalk on Wyo-
ming avenue Sunday and seriously injured
one of his legs.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-08-12

Frank vinaski, of 146 Sherman avenue,
Sunday night, on suspicion. While intox-
icated vinaski had boasted that he was
the man who set fire to the Briggs wasi-
cry. He was airaigned before Alderman
Davis yesterday, but discharged on ac-
count of lack Of evidence. The only testi-
mony was that of William Rinnock, with
whom Vlnaski boards, who testified that
he had heard him mumbling something
about the fire.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-08-12
A Letter from Japan.

Scrantons fame is spreading beyond
the shores of this co ntry. Secretary
Seamans, of the board of trade, received
a communication yesterday from a Jap
anese merchant. who is desirous of hand
ling exported goods from this city &.
Pfundes. of Kahehiogo. was the name Of
the tradesman, and in letter abounding
with courtly, Oriental compliments to
Scranton and its board of commerce. he
expressed his desire to put OIL the Jap
anese market any commodities which
Scranton business men might desire to
introduce in the east.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-08-12
Incorrigible Bow.

In default of 500 bail, 12-year-old Ed
ward Crambo, of Moosic. was yesterday
commmitted to the county Jail by Alder
man NJ j. Ruddy, on the charge of the
larceny of horn and bunch of keys
The charge was preferred by the boys
father. The latter says the lad is incor-
Iigibe. Efforts will be made to place
him in house of reformation.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-08-12
Pavement Caved In.

Director of Public Works John T..
Roche was yesterday afternoon notified Of
q cave-in at Jefferson avenue and Linden
street. Superintendent of the Bureau of
Engineering Joseph Phillips was imme-
diately dispatched to the scene, and found
a hole in the asphalt about two feet long
and one wide The bed under the pave had
baad washed away. and a pool of water
filled with debris was inside. The heat
from steam pipes at this point Is supposed
to have weakened the pave.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-08-12
Sheffield's Side of the Case.

Constable James Sheffield. who was
made one of the defendants in trespass
case brought by Mr.. and Mrs. Cornelius
Cadden. makes an emphatic denial of the
facts set forth in their declaration. He
said no loud or bofsterous language was
used. nor was any of the furniture re-
moved. He merely made a levy as the
writ in his possession directed him to do.
Two days later, when the Caddens Sc
cured a writ of replevn, which ended his
connection with the matter. he went to
the Caddens' house to surrender the key
he found Mrs. Cadden washing clothes.
From this he gathers that she was not
greatly shocked.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-08-12
Dewey Cannot Be Present.

Colonel Il. II. Ripple Yesterday received
a letter from Admiral George Dewey. in
which the latter expressed his regret that
he could not be present at the annual re-
union of the Seven County War Veterans
association, which will be held in this
city Wednesday, August 20. An invitation
was sent Admiral and Mrs. Dewey Sat
urday The committee which sent the in
vitation consisted of Colonel Ripple, Cap
tain Il. w. Pearce. Hon. Henry Harding.
Captain w. A. Mintzer and Thomas Bar
,a.ann
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-08-12
Adiudged a Bankrupt.

John Shoemaker of Mt. Carmel, was
yesterday adjudged bankrupt by Judge
r. w. Archibald of the district federal
court. The case was referred to Referee
in Bankruptcy NJ. H. Taggart Shoe
maker places his liabilities at $3,74O.92 and
his assets at $S49.75.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-08-12
Information Wanted.

Information is desired by the postoffce
authorities of the whereabouts of Mrs.
Anna Carr, the daughter of James John
son, who lived at Forestburg in 1872.
johnson was formerly a private in the
F'ifty-siXth New York volunteers.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-08-12
Report on Hose Inspection.

Superintendent H. +. Ferber's report on
the city hose inspection of last Friday
was yesterday made to Director of Pub
lie Safety +. l.. Wormser.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-08-12
Assault Was Alleged,

William Stein was arraigned before AL
derman Kasson yesterday charged with
assault by his wife. Caroline Stein. The
latter also alleged non-support and cruel
treatment. The case was dismissed.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-08-12
DECISION FOR
Defendants
JUDGE EDWARDS REVIEWS THE
coNDENsERY CASE.

Holds That the $42, 900 Owed by the
Clark's Summit Condensery Com
pany to the sayre Lumber Company
for the Erection and Equipping Of
the Condensery Is Collective Debt
and Not Joint Liability-Judg-
ment in Favor of Defendant with
Costs.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-08-12
DIVORCED and
REMARKED
MRS. PAYNE ASKS FOR A SEC
oND DIVORCE.

The Parties Live in West Scranton
and Are Well Along in Years-Mrs.
Carrie Wellner Granted a Divorce
from the Husband Who Never
Lived with Her-Mrs. Minnie
Brauer and willard o. Lathrop Are
Applicants for Divorces - Other
Court Matters-Marriage Licenses.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-08-12
Committee Meets Tonight.

The special committee OF councils which
conferred last week with General Mana
ger Silliman regarding the Bellevue line
transfers, will meet tonight.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-08-12
Referees Order.

Referee in Bankruptcy c. A. Van Wor-
mer yesterday made an order for the sale
of the real and personal property of the
Scranton Lumber company. The per-
sonal property will be sold August A.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-08-12
Insulted Passers-By.

Patrolman Flax arrested l.. B. Nolan
Sunday night for insulting people who
passed him on Mulberry street. Nolan
was fined s. yesterday morning by Mag
istrate Howe for drunkenness.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-08-12
Not the Same O,Donnell.

1t was not Peter O'Donnell the glass
ware man, who had the trouble at the
Lackawanna station and was fined in
police court Sunday morning.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-08-12

DR.. Lindabury, Surgeon. diseases Of
women specially, 215 Connell building
Hours: II a. m. to p. M; to $50
p. m. "
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-08-12
The Final Hearing.

The final hearing in the injunction case
of the Scranton Gas and Water company
against the city of Scranton took place
yesterday, The witnesses examined were
Aria Powell, Joseph Widmer and City
Engineer Joseph Phillips. The closing ar
gument for the city was made by City
Solicitor Watson and Attorneys T.. N.
Willard and l. H. Burns for the company
Accused of Arson.
Superintendent of Police Day arrested
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-08-12
Pain over
the Eyes
Headache and Catarrh
Relieved in 10 minutes.

That dull, wretched pain In the head
Just over the eyes is one of the surest
signs that the seeds of catarrh have been
sown. and It's your warning to administer
the quickest and s,irest treatment to pre-
vent the seating of this dreaded malady.
DIR. Agnew's Catarrhal Powder will stop
all pain In ten minutes, and cure.
Dr.. Agnew's Ointment soothes all skin diseases.
IS Cents.
Sold by VIM. q. Clark and H. C. San
derson
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-08-12
Jr. o. U. A. M. Excursion.

The fifth annual excursion of Dun
more council, No. 1922, Jr. o. U. A. NJ,
will be run to Lake Ariel, on Satur-
day, August IS. The management Of
the days outing will be in the hands
of an experienced committee, and a
quiet, orderly excursion, brim full of
pleasure for both young and old, is
promised. A special invitation is ex-
tended to all members of the Jr. o. ".
A. M. and ID. of A. to join in the pleas
ures and festivities of the day. The
exceedingly low rate of fare, which will
be announced later in the week. makes
1t possible for many to attend who
could not otherwise do so. ~
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-08-12

The Clark's Summit Creamery case
was probably the most generally in
teresttng suit passed upon yesterday
by the judges at the midsummer ses-
sion.
The Sayre Lumber company built
and equipped creamery for the
Clark's Summit Condensery company,
which had 1S9 subscribers to its stock.
The contract for the establishment Of
the creamery plant was signed by all
the subscribers. The plant burned
down and the Sayre Lumber company
began proceedings to collect the cost
of it's construction, $4,000, from such
of the subscribers as were responsible,
naming them all, and hoping to find
some one among the many who were
good for $4,000. The responsible sub
scribers got together and opposed the
proceedings, alleging that 1t was a col
lective debt and not a joint liability.
Judge Edwards decides in favor of the
defendants, without indicating what
the plaintiff will have to do to collect
it's money from the 1S9 defendants COL
lectively. The opinion which tells the
details Of the contract and the conten-
tions of the two parties follows:
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-08-12
Henry the Fourth Cigars,

Clear Havana: ten sizes. O'Hara,s
Cigar store. ~
The silver state. [volume] (Unionville, Nev.) 1870-1903, 1902-10-14
u. p. Strike May Extend.

At Omaha yesterday Thomas F. Wilson,
fourth vice-president of the international
Association of Machinists, stated that
the strike of shopmen now being conduct
Cd by him against the Union Pacific Rail-
man lines. He said that such a esult de-
pended largely on the action of the an
nual meeting of the Union Pacific, which
will be held in Salt Lake City on October
14th. An endorsement by that meeting Of
the position taken by the Union Pacific
system, said he, will be considered sur
fcient cause for carrying the strike to
other Hartman lines.
The silver state. [volume] (Unionville, Nev.) 1870-1903, 1902-10-14
No More Mileage Books.

on September Both discontinued selling
mileage tickets, and exchange scrip books
are to be used in their place. The scrip
will not be honored for passage on trains,
but will be accepted at any ticket office
and will be -exchangeable for tickets.
one year from date of sale. and will be
exchangeable for trip tickets between
stations in Nevada and Utah. Provided
the scripin the book is used in accordance
with the instructions, 1t is understood
there will be a rebate oming to the pas
senger of rs per cent.
The silver state. [volume] (Unionville, Nev.) 1870-1903, 1902-10-14

The Grass Valley Union says of the
show which is to be the attraction at
Armory hall tonight:
The Auditorium was last
night to witness the moving picture show
of Beatty Bros. 1t is very seldom that a
ompany receives the hattering reception
accorded these entertainers, and there
was no complaint to offer when the last
picture was flashed on the canvas.
THE photograph concert opened first
and was entertaining to all who heard
II. There was but a short wait before the
pictures appeared. In them were SO many
good things that it would be impossible
to specialize. The whole entertainment
was very clevery produced and gave uni
versal satisfaction"
The silver state. [volume] (Unionville, Nev.) 1870-1903, 1902-10-14
Colossal Work at Blue Lakes.

A Comstock resident, who has been en-
ployed in construction work at Blue
lakes, Alpine county, Cal, just across
the Nevada boundary line, say the work
in progress there will not be completed
for several years. The work is of the
most substantial character and includes
several dams. some of them eighty feet
in height. constructed of solid masonry,
and involves an expenditure of several
million dollars. The Report informant
says that the ultimate object of this CO.
lossal work is to supply San Francisco and
interior towns in California with electric
lights and power. The company employs
every man who applies at 81 rs per day,
and when the price of board is deducted
it leaves the employee about 81 Is per day
for his labor.-virginia Report.