davidaulloa/AmericanStories huggingface dataset:
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-01-31
MACAULEY AT LIBERTY.
Released on Bail Which He Indem-
nifies with Deposit.

Charles Z. II. Macauley, one OF the
parties charged with participation in
Il conspiracy to bleed the International
Correspondence schools. and who has
been in Jail here for two weeks in de-
fault of St,500 BAIL was released yes
terday upon furnishing security before
Judge Kelly.
Macauley secured bondsman in the
person of David l.. Johnson, of this
city, by placing in the hands of u third
party q certified check on the Chemical
National bank of New York for un
amount equal to the bail
Macauley when brought before Judge
Kelly made q demand that he be per-
mtted to so to Harrisburg to enter
bail. claiming that as he had been
kidnapped" from that city after he
had offered to furnish bail before a
magistrate there the court should re-
instate him in the right which he
claimed existed ut that time he was
dcsirous of waving a hearing and en-
tering bail.
Judge Kelly told him his demand was
wholly Irregular that If he was un-
duly restrained OF his liberty his REM
edy was by u plea for u writ of habeas
corpus, and not by an informal oral
complaint. The same thing had been
told him by his attorney, John T..
Scragg, but he insisted on making the
demand.
Defeated in this move Macauley
made request for a reduction Of the
bail, stating to the court that his CO.
defendant was required to give only
$500 bail in Harrisburg.
us this that Correspondence schools
case?" asked Judge Kelly of District
Attorney Lewis. Being answered in
the affirmative Judge Kelly briefly re-
Joined, I'VE won't reduce the BAIL
The district attorney said he was
satisfied with Mr.. Johnson as bonds
man and the judge accepted him. Mac
auley was thcreupon released
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-01-31
ONE ON THE BOYS.
Mother Rather Got the tart OF Them,

Sometimes the mother plays a turn
on the young people and greatly to
their benefit. a young lady in Mem
phis, Tenn, Miss u. Dye. of 222 Carroll
avenue, comments In an interesting
way about the harmless little deception
her mother played upon one OF the
family during the summer,
She says; Every member OF our
family could write IL testimonial about
Postum Food Coffee and what it has
done for us, Father has really been
made over since quitting coffee and
using Postum but must tell you
about brother
when he came home from college
last summer he was thin and looked
dreadfully. We questioned him about
his food and drink. He said he drank
coffee, OF course / can't get along
without good cup of coffee three
times day Mother did not say any
thing 10 him, but made Postum for him
Just the same, and at the next meal he
complimented her on the coffee. Sey-
eral times he said: Now, If just had
such coffee as this at school | could
make better averages in my studies
so during the whole summer he
drank Postum, thinking it was strong
coffee, and we could all see, from day
10 day, how much he was improving in
health. His complexion gradually
cleared up, ana he gained in every
way. When he went back in the fall
mother told him the secret she had
Kept for over three months, and put
several packages of Postum in his
trunk,
You may depend upon it, the lesson
was one he win never forget Ny
younger brother quit coffee about a
year ago and has been using Postum
Food Coffee, and he has been built up
from regular invalid until he Is now a
fat, rosy-eheeked boy, full of life and
fun. Just the other day he remarked
ae was getting along so much better
N his studies than ever before and he
wondered what 4aused the change.
Aother remarked. 1t is Postum"
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-01-31

suit in equity, with John b. Law,
of Pittston, as plaintiff and T.. l.. Full
Ter, of Scranton; Frank T. Patterson
and William Hill, of Philadelphia, as
defendants, was instituted yesterday
In Prothonotary Copeland's office by
woodward. Darling Il Woodward, oil
Wilkes-Barre, and O'Brien & Martin,
of this city.
Mr.. Law sues for himself and such
other stockholders of the Old Forge
Mining company as may care to join
as plaintiffs, to secure their pro rata
share of the profits derived from the
sale Of the Old Forge Mining COM
pany's workings to the Lehigh Valley
company, through and by the Seneca
Coal company
In the compliments bill it is set
forth that the capitalization of the
Old Forge company was $3O0,000 thea
2,99S of the 1900 one hundred dollar
shares of the capital stock were owned
by the three defendants; that they
sold the Old Forge coliery for $4,000
to the Seneca Coal company in which
99S of the 1000 one hundred dollar
shares were owned by the three de-
PENDANTS, and that the Seneca COM
pany shortly afterwards disposed Of
the holdings to the Lehigh Valley COM
pany at big profit, and that this
second sale was effected through se-
cret negotiations carried on prior to
the sale to the Seneca company.
Mr.. Law asks for an accounting Cf
this latter sale and division of the
profits
Judge Edwards granted a rule to
show cause why the prayer should not
be granted.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-01-31
|: IN A DOUBLE SENSE.

lsting to the consolidation OF the departments
in question, and Al the same time to preserve
the rights Of the recorder.
Use IN A DOUBLE SENSE.
The section of the act, above quoted, is an
illustration Of the use of the word may
in double sense, The councils ''may"
by ordinance consolidate certain departments.
The word is permiSsirc in this connac-
ton, The matter is left to their esisa-
live discretion. They are not bound, and nobody
can compel them. 10 pass such an ordinance.
But. the councils having acted and having com.
hincd the offices OF treasurer and collector and
the law providing that, in that case, ihe city
treasurer may I've appointed collector, Tie
word may here Is used in its compulsory
ssnsc. Unless used, the very object Of the
act in providing for the consolidation Of the dr-
partmcntS would he defeated hy the act Of the
chief officer uE the cty 1t is not nert ss.ry Ia
cite authorities or to quote textbook law as To
the various conditions which justify the ne Ui
words OF permission words Of command We
are OF the opinion that II the recorder should
refuse to appoint the city treasurer as Nolect"r
Of delinquent taxes, after the councils have ac''d
by ordinance, he could be compelled 10 do 80
by manlamus, stlus giving effect 10 the law,
well as enforcing the legislative act OF th' Coun
ellis and at The same time preserving, the power
OF the recorder 10 Ill, the office Of collector ~
appointment.
We cannot 90 oulfluF hi ing li'l> u dsIcth
upon in our determination OF this case. The
plaintiff became delinquent tax collector ON
April l, 1901. Although an ordnance was passed
providing for the appointment Of the city treas
urtr as collector, no such appointment w's
made. Tie question ~ to what effect the ap-
polntmcnt Of the city treasurer as coler;,r
would have upon the rights Of the plaintiff, Tie
lawful incumbent ot tho cHlce, is not before rs
now, and we therefore express no opinion upon
it, We only decide the question raised hy The
case stated.
O. The intention Of the legislature by the act
Of March I, 1901, 10 centrali2e power and :cspoh-
sblity in The chief executive Of city OF thc
second rilss Is very apparent This is the ten'
dency OF municipal legislation in other statcS
The same legislature that passed the act Of ljli
by later act gave the power to the recorder
to appoint the city treasurer, As th- la" stands
now, the recorder La, tan power ot appoint
ncnt and removal, except in tie case OF rilE
controller which office has hcen in effect c&
oepted by the legislature ior cogent reasons.
We do not consider further discussion neees'
sary in this case. Our views as herein ey'
pressed meet the letter and The spirit OF the law
and should prevail.
The pa!nh6 being entitled to judgment. tic
only question remaining is the amount. Should
it be for $3.50 Or ior S72.5o We find no diff
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-01-31
Will Of Late Judge Lewis.

In the estate of William j, Lewis. a
former associate judge and sheriff of
this county, a petition was Yesterday
presented to Judge A. 4. Vosburg, set
ting forth that an oral or .nuncuDatiVe
will was made by the decedant during
his last illness. which was witnessed
by the family and others and reduced
TO writing, but not signed, owing to the
condition of the decedont's health
The petitioner, W. j. Lewis, ir,, II son
Of the decedant, asks that a citation he
issued to the widow and the other heirs,
to show cause why this will should not
be duly probated. Judge Noshurg
awarded a citation. and made it re-
turnable on February IS. at, 10 IL. IN.
The petitioner is represented by Attor-
neys Welles & Torrey.
1t is understood that these proceed
ings are amicable, and that there will
probably be no opos!tion TO the pro-
bate of the will.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-01-31
AFTER SPEAKEASIES.
Municipal League Actively Engaged
Again-Mr. Wilson Talks
About Fake" Clubs.

The Municipal league people are again
in the harness and are making cru
sade against speakeasy keepers. Nine
have been arrested during the past
week, and Agent Robert Wilson said
yesterday that more arrests will follow
within the next few days.
The two latest speakeasy Keepers to
be arrested were Mrs. Julia Pruner, OF
SIG Penn avenue, and Mrs. Colborn, or
Raymond court These two women were
arrested on Wednesday and We're given
hearings before Alderman Bailey, Of
the Thirteenth ward, on Wednesday
night
Evidence was offered by the leagues
detectives to show that Mrs. Prmer
has been selling beer and Liquor with
out II license on the second floor of the
building at 326 Penn avenue. Two Of
the detectives testified to having pur-
chased intoXicants ut both Mrs Prun-
er's house and at the place kept by
Mrs. Colborn. Alderman Bailey fined
both women $40 and costs, which were
paid.
Agent Wilson declares that an effort
will be made by the league to prevent
the illegal selling of liquor by fake"
clubs, OF which organizations there are
number in the city.
There is no question: said he yes
terday, but that we can successfully
prosecute the manager or managers of
any alleged club which is not bona
fde institution and which sells ntoNi-
cants. The evidence adduced in the
case brought against Manager Miller,
OF the South Side club, Il few days ago,
showed that he was the whole club. He
wrote out alleged minutes of meetings
and kept Il sort of an account of dues
which Il few of the members of the
organization paid in.
Our detectives had no difficulty in
securing beer to drink in the club
house. They played pool and ordered
their drinks, but weren't allowed 10
pay direct. They turned their money
over to n man pointed out as a menu
Der of the club, and he turned it over
to Miller, who gave the change back TO
our men, however. We claim that that
institution is not Il bonu-lide club, such
as its charter provides it shall be, ana
that liquor cannot be sold on the prem
ises to members or to anyone else, un-
less in violation of the law.
There are certain clubs in the city,
which have the right to sell in
toNicants to their members. These
clubs are legitimate, bona -fide clubs,
and books are kept accounting
for every cent of money re-
ceived and for every cent of money dis
bursed. Under the law these clubs can
sell to their members, because they are
legitimate clubs organized to give their
members the privileges OF club life, ana
not simply to serve as cloak for the
running of II spcakeasy."
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-01-31
THE BURGLAR ALARM.
Police to Look After System in the
Future.

The two bank watchmen who have
been employed by the banks protected
by the Holmes Burglar Alarm COM
pany to watch its burglar alarm in
police headquarters have been relieved
from duty and quit work to-day.
The work OF tending the alarm will
hereafter be done by the desk sargeant
in charge at headquarters in return
for which service the several banks
will donate certain sum every
year to the police fund" which is
used for the purchase of certain equip-
ments for the members of the force.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-01-31
HAD NO EVIDENCE.
Seward England Caused Arrest of
Edward Davis for Theft.

Seward England, of i21 Sixth street,
went before Magistrate Howe yester-
day morning and swore out war
rant for the arrest of Edward Davis.
alleging that he had stolen valua-
bic gold watch from him, in d.. Hae-
gertys barn, on Wyoming avenue.
Davis was arrested and brought be-
fore the magistrate in the afternoon
but England didn't have one single
bit of evidence to offer against him.
The magistrate discharged Davis, al
ter quietly reprmanding the prosccu-
tor,
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-01-31
Peretta Is Again Free.

Clerk OF the Court Thomas =, Dam
iels yesterday received notice from the
warden Of the eastern penitentiary OF
the release of Pasquale Peretta, who
was sentenced by Judge Archibald in
December, 1885, TO nine years and six
months for the second degree murder
of Michael Denmarko at Winton in the
summer of 1895.
Under the new commutation law,
PeHetta's sentence was cut down TO
six years, one month and fifteen days.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-01-31
DECISION IN
JENKINS CASE
OPINION WRITTEN BY JUDGE
EDWARDS.

Is Directed to Enter fer
the Plaintiff in the Sum of ST2.5o.
Which Represents the Commissions
Earned by the Office of Delinquent
Tax Collector During the Three
Months Period Covered by the Case
Stated--Indefnite as to Effect on
Present Conditions.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-01-31
Objections Were Irregular.

Court. yesterday dismissed the OBJ
jections filed by John Mangan and
Philip Swartz TO the Republican NOM
ination in Old Forge, certified to by
John n. Cook, II j. Stewart ana James
Solman.
The objections We're not filed in the
commissioners office as required by
law.
There are the objections grounded
on allegations that some voters voted
twenty times and non-citizens as high
as five times
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-01-31
DUNMORE SUB-STATION.
Branch of the Scranton Postoffice
with Postmaster Markus X.
Bishop in Charge.

Postmaster Markus X. Bishop, of
Dunmore, will Tomorrow become SUI
pelintendent of the Dunmore sub-sta-
tion, which is now a branch of the
Scranton postofice, and four carriers
and Il clerk will be assigned to duty
there, giving the borough the benefit OF
the free delivery system.
The names of the carriers to be as
signed to Dunmore will be announced
tomorrow. Postmaster Ripple yester-
day issued the following order regard
ing the opening of the office:
DuNMORE STATION.
February l. 1909.
Order No. 10
by authority of the postoffce department
Washington, u. c., January >, laO2, Dunmore
Pa, postOitce will be from this date consolidated
with the postofice at Scranton, Pa, and will
be designated rs Dunmore Station, Scranton Pa
with facilities for the transaction OF money order
and regstcry business, the sale oi postal sup,
plies and the receipt and dispatch Of mails. and
in order that free delivery service may be ey,
tended to the borough uf Dunmore
The hours OF service will be Week days from
7 a. m. to 7,S0 p. m; Sundays, general deliv.
cry, stamp window, carriers window from Il.
m. TO 10 a. m
The receipt and Dispatch Of mails between
DunmQre station and main office will continue
at us present until otherwise ordered
Ezra IL. Ripple, Postmaster
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-01-31
COURT HOUSE NEWS NoTEs.

81. Jacobs Beneficial society, of thi, city.
applied 10 court yesterday for a charter.
Appeals to the superior court have been taken
in number Of the liquor license reyocation
cases.
Sarah A. Tigue who claims her property in
Providence was injured by The blocking Of
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-01-31
BROKE BOTH WRISTS.
Claude Card Met with a Peculiar
Accident Yesterday.

Claude Card, of Nicholson, Il car
penter employed at the Bolt and Nut
works, missed his footing, while work.
ing on fifteen-foot scaffold yester-
day morning and fell to the ground,
striking on his hand.
The force Of the fall broke both his
wrists. He was taken to the Lncka-
wanna hospital in the ambulance.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-01-31

MARRIED AT NEUTRALITY-SUSPICIOUS. has
just been made OF the marriage at Buffalo
Wednesday, January -, OF Edward \. Ratfclt,
of Buffalo formerly OF this city, and Miss Jo-
sephinc Madenspachcr, of West Scranton.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-01-31
Order No. 10.
speedway Land Co.

Will give capital stock to every credit
or it they viii have their true accounts
with Franklin & Co, Insurance; Coal
Exchange.
10 DIR. G. f. Hill, Treas.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-01-31

LADIES' MEETING.-Thc Ladies Aid of the
All Souls univcrsalist church will meet at Mrs.
Depues, 1OlO Monsey avenue, this afternoon.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-01-31

PETITION IN BANKRUpTCY.-J. NJ. Cling.
rich, OF Palmyra. Lebanon county, filed peti.
ton in bankruptcy yesterday with the United
States court. His assets Sj9>O,33, and liabl.
ites, $26 403.32.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-01-31

cuvcrt under the Lackawanna railroad, brought
suit for $500 damages against the company and
the city Of Scranton yesterday through Attorney
r.. W. Thayer
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-01-31
cENTRALs WON TWO GAMES.
Defeated the South Side Bowlers on
Hnmpe's Allows.

Three interesting games of ten-pins
were rolled on Iiampe's alleys last
night between the Centrals and South
Side teams. the result being as fol-
lows:
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-01-31

MEET TOMORROW NIGtT--A special meet
ing OF the Mckinley Memorial association will
be held tomorrow night in the Scranton board
OF trade rooms, when definite action will be
taken regarding the fund subscribed for the cree
ticn of a memorial
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-01-31

TOBOGGAN SLlDE.Thc toboggan slide at
the Country club is again open and reports are
to the effect that fine coasting is being
joyed.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-01-31
End of the
Season Sale
6. l.. CRANE,
324 Lackawanna Avenue.

lOOS-persan and Nlartcn Storm
collar ......,.....,..,,.Slj.00 Slj. 90 now 500
l02j-Pcrsan and Muuftlong storm
collar ................. 1900 now 500
lO07-Mink Storm collar ........ 25.G0 now l5OO
a21l--Mini CollaTcttc .......,... 1000 now 2OO)
lU.S-- t'rrhe Collaietc .,...,..,.. l0,Ol now GOD
lWs-- Black Marteu Scarf......... 500 now 4.n
l9l3--Black MWlca Scarf .,...... 7m now i.OD
lO0l-EleCtric Seal Scarf .,....., LOO now Lon
lOoj-Elcctric Seal Scarf ......., 2.jO now l.lD
,llJS-Sahle Fox Scarf ............ l5.OJ now 1000
lllO-.Sablc Fuy Scarf ,,,........ $50 now 1.Oo
lllj-Blu, Lynx Scarf ,..,.,...., l1.Wi now lOOp
3OO-Blue Lynx Scarf amman. TOO now 500
lOOp-Rrd FoN Scarf ............. 100 now 400
Spi-.Mnk Scarf, long tahs.... 10 O0 now 21'OD
jOlV--MnS Scarf .,.....,..,,..,., 20.OO now lIOO
D72 Cinnamon Bear Boa. 3 yds
long ....,...,.,,......... 300 now 25.OO
~ Black Bear Boa. = ydS long. 2O'Gl now li.Ol
--Brown bear Boa yds long. lj.OO now 1000
SoO--Natural Opposum Boa, yds
long ..,.......,.......... 600 now 400
7p0-Cray Fox Boa = yds long. 1000 now 100
3a3-Blue LINK Boa, 5 Yas long. lsO0 now 200
rurs Repaired, Furs Manufactured, Raw Furs
Bought.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-01-31
Send Us Your Clothing for Renovation.

Our steam cleaning is sure death for
the germs of smallpox.
Davis Steam Dye Works,
- $40 Penn Avenue.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-01-31
SOUTH SIDE CLUB.

Meister was easily high man both in
single game and total.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-01-31
COAL COMPANY
In THE COURTS
PROMINENT OPERATORS IN AN
EQUITY SgIT.

John B. Law, of Pittston, Is the
Plaintiff, and the Defendants Are
E. L. Fuller, of This City, and
Frank 7. Patterson and William
Hill, of Philadelphia--Judge New
comb Decides to Let the McGovern
Case Go to the Jury Under
Reserved Point.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-01-31

Guilty on this point The city. by ordinance.
bSel the compensation OF the collector OF delin-
qaeut taNus. This leaves no room FOR argument,
Now, January so. 1902. We enter judgment IN
favor Of the plaintiff and against the defendant,
upon the case stated, for the sum Of so with
costs II. NJ, Edwards, 7. ].
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-01-31

COMPANY i DRlll.--tumpany i will drill
this evening at the new aimu,y. All members
are requested to be present.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-01-31

ELECTED LIEUTENANT. Sergeant Charles
II. Constantine, of Company H. has been elected
first lieutenant.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-01-31

ERECTING TIE FENCE-Somc time ago COM
ellis asked the Delaware Lackawauna and West
ern Railroad company to erect fence on top Of
1hc Miffin avenue retaining wall, rs SAFE
guard against accidents and worIimen are nov
engaged in erecting the fence.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-01-31

President Judge Edwards, yesterday,
handed down an opinion in the case
stated brought by George w. Jenkins
against the City of Scranton to test
his claim to the office of delinquent
tax collector.
Judgment Is given for the plaintiff in
the sum of s72.50 which represents the
commissions earned by the delinquent
tax collectors office for the period of
three months covered by the case
stated
The opinion does not go outside of
the facts then existent as presented in
the case stated, and as consequence,
the effect OF the decision on the pres
ent situation is not definitely set forth
Appended is the opinion which it.
self tells the story of the dispute.
The new act for the government Of cities Of
the second class was passed March :, 1901. The
city Of scranton. on account OF tie increase in
its population, advanced from the third to the
second class, thus Introducing several changes
in methods of government especially after the
enactment OF the act of 1901. The councils ,t
the city, after the appointment OF recorder,
proceeded TO adjust the municipal machinery to
meet the requirements OF the new legislation
and the advance in classification and ~ a nat.
One of these complications is involved in this
case.
The issue before us is formed by means of
case stated. The parties have agreed upon a.
the facts essential for a disposition OF the cas,.
We give here brief statement Of some Of ~"
facts, and the only facts which we consider
material in the present discussion.
]. April l, 1901. the recorder OF the city Of
Scranton appointed the plaintiff collector OF dc.
linQuent taxes. The plaintiff Immediately quail.
fed by giving bond and being sworn, and lie has
been ready ut all times to perform the duties Z
the office
2. An ordinance to carry into effect the act OF
March I, 1901 was passed finally by the coun.
ellis on March IS, 1901, presented To the recorder
on the following day, and by him approved
April =, 1901.
s. The ordinance established certain depart.
pens, among them the department OF collcC-
tor Of delinquent faxes.
t. Section D of the ordinance provides that
'he department OF delinquent taxes shall be IN
chaigc of person, who shall be the city
treasurer He shall have charge Of the collcc.
ton of delinquent taxes
D. Section IA of the ordinance provides that
taxes shall be threeiftls OF five per cen;um OF
the amount Of delinquent taxes on real estate
and ten per centum on all occupation or poll
tay, by him actually collected and paid into the
city treasury"
q. Section - of the ordinance provides that the
city treasurer shall give bonds 10 cover his dli.
ties as collector OF delinquent taxes. He gave
such bond and proceeded 10 collect the taxes.