The Indiana Gazette from Indiana, Pennsylvania • Page 7

iSBi MAN WINS CASE FROM Decision Rendered Fifteen Months From the Time the Action Was Started in Indiana. CQtifcT'S OPINION. In a lengthy opinion the Court of Common Pleas, sitting in equity, has mpde a decree in the case of R. W. W.ehrle, plaintiff, of Indiana, vs.

Eb- enfiburkj IJiacklici: Company the. 1 Pennsylvania Rai r.it-tl Company, 'k-fenclani-n After pui'chns- ing vhj Ebensburg lilncklick ttail- ro'ad, the Pennsylvania Railroad constructed a tank holding 18,000 gallons of wato' 1 ano a dam and set up an enginu pump, to piimp the water from Laurel Fun. The plaintiff maintained in file operation of Ihc pump, it at times exhausted the flow of'thj wajer of th's run and prevented the flow of the water through tho lands of plain tiff. And, also, In the t'oriistriictip of 'he dam, it bac CARL HAMMERS, AUTHOR OF NOTE "Bingville," Newton Newkirk's funny caricature of real country journalism, appearing in one of the Pittsburgh papers for several years will furnish the principal theme for a playlet written and directed by Karl R. Hammers, formerly of Indiana, to be presented as the principal feature of the annual Christmas entertainment of the II.

J. Heinz Company in the Heinz auditorium next Friday afternoon. The scene is laid in "Hen Wetherby's" store, and the familiar characters who have been made famous by Newkirk will appear at some stage of the performance. "The Christmas Burglar," another playlet by Hammers, will be the second part of the bill. DIEb fODAY.

John C. Moot-head, of School street, a coal denier and lifelong resident of Indiana, died nl his horlio this afternoon nt o'clock. Mr. Moor- hend contracted a cold lust Friday and pneumonia developed. His condition was very much worse this morning and a trained nurse was in attendance.

The funeral arrangements have not been made and they will he announced together with a full obituary in Thursday's Evening Gazette. PkiCETWO J)e Wet IH Pardoned. ed tho water of the um onto tho lands of the plaintiff about four feet and ropes and wire support and tump were ed to trues belonging to the plaintiff; that they piled boards; on the plaintiff's land nrul cut a nath through the section. The Railroad claimed through the right of eminent domain that they had the right to divert the water. The decree of the Court follows: "Npw, December 20, 1915, this case came on to be heard, at this term and was argued by counsel and upon consideration thereof, it is ordered, adjudged and decreed that the defendant, the Pennsylvania Railroad company, shall be perpetually enjoined from diverting the waters of Laurel i a 'point within its right of way for the purpose of furnishing engines tend the engines of company in the operation of the fpad, and that the costs of this proceeding shall be paid by the defendant, the Pennsylvania Railroad company.

The final decree shall be drawn by the solicitor for the plaintiffs, serving a copy thereof on the solicitor for the defendant, with notice of the time when the same will be submitted to the Court as required by rule 84 of Equity practice. "By the Court, J. TELFORD, P. Supplementary to this action and in regard to the petition of the Railroad company that they be permitted to continue this practice, they being- willing to file a bond which would cover any damages that might result from continuing this practice, the' Court decided as follows: "Now, December 20, 1915 this case coming on to be heard, it is ordered, adjudged and decreed that the approval of the bond proffered, is refused, and that the costs of the proceedings be paid by the petitioner. "By the Court, J.

TELFORD, P. J. In connection the Court also allows the Railroad to file an exception to this ruling and the matter is now in the hands of the railroad's solicitor, Banks, of Indiana. J. A.

C. Ruffner, of Indiana, is representing the plaintiff. The action has toeen pending for 15 months. DEATH OF LOBEN RUSSELL, TUESDAY Mr. Loben Russell, aged 75 years and 13 days, a son of the late John and Elizabeth Russell, died very suddenly at his home in Schelocta Tuesday morning at 10:15 o'clock, of congestion of the lungs.

Mr. Russel's death came as a great shock to his friends as his illness of two days was not considered as being very serious. The deceased, who was a veteran of the Civil War, served as a member of the 63rd regiment, Pennsylvania Volunteer Infantry, and was wounded in the ankle at the battle of Fair Oaks. He also fought in a number of other battles in the war. He leaves his aged widow, Mrs.

Kathryn Young Russell and a sister and two brothers, who reside in Ohio. Funeral services will be conducted at his home Thursday afternoon at 12:80 Interment will be made in the "Elderton cemetery; London, Dec. General Christian DeWet, one of the leaders of the South African rebellion against the British government in 1914, who was convicted of treason at Bloern- fontein Union, South Africa, last June, has been released from prison, as have 118 other high treason prisoners, according to a ditpatch to Telegram company from Johannesburg. The prisoners were allowed to go on payment of their fines and on condition that they abstain from participation in politics and that they do not leave their districts without permission. OLD TEACHER IS REMINISCENT Attended Institute for 53rd Session and Only Saw Two Faces That Were Familiar.

NOTES OF INTEREST. In last week's account of the Institute mention was made of the presence of J. P. Lytle, of near Chamhers- ville, one of the pioneer teachers of the country, who attended his fifty- third consecutive session. In talking of the occasion this morning, Mr.

Lytle said that in tho Institute he recognized but persons, Mrs. Church The Bible Cchool of the Christian church will hold their annual Christmas entertainment on Thursday evening at 7:30 o'clock. A Christmas sketch will be given by the young people. Visitors are very welcome. For Toy Mission.

are any deserving chil- dwufi in town who have not received a 'ticket for the Toy Mission they can get a ticket by coming to the Free Library on Thursday afternoon between and 5 o'clock, The Summer Schools. Along about this time of year announcements are made of the teach- "eiM 1 schools that will be held during the summer. The forty-first annual session of the Purchase Lino Academy will open Tuesday, April 25. The instructors will be D. D.

Patterson, supervising principal of the Green township schools and Frank Ankeny, principal of the Elderton high school, The summer normal will open on 18 and will be under the prjneipafWlp of E. E. Irwin of the Arcadia school and C. H. Keating, of the Cookport schools.

They will have their assistants, Mr. and Mrs. R. L. Cartley, of Hillsdale.

The Bun summer normal will open with Prof. C. Ernest Kinsey, principal of the Cherryhjll township schools, Jn cfcarge. AH three schools will sessions of ten weeks, GREENSBUR6 IS THIRD ON LIST Crack Company I Did Not Maintain Its Usual High Standard at Recent Inspection. BLAIRSVILLE IS FIRST.

For the first time in years, Corn- pan Greensburg's crack military organization, does not lead the Tenth Regiment in the ratings given out by the adjutant's department, based on the inspection made at the recent encampment. ompany of Blairsville, gains the honor of leading the regiment, with Companies and tied for second place and Company I standing thirds. Company of Indiana is in seventh place, but only a little over one and one-half points separate it from Company in third place as may be seen from the ratings, which follow: Company 99.20; Companies G. and 98.60; Company 1, 98.20; Company 97.40; Company 96.60; Company 96.60; Company 95.80; Company 95.60; Company 95.40; Company 94.80 and Company 93. Ebensburg, Dec.

a meeting Thursday nght a committee of prominent citizens will report to a public at large what it has discovered regarding possible sites for the National Guard encampment Ebensburg is trying to land for next year. This committee, composed of Leo F. McKendrick, Webster Griffith, Lester Larimer, Ira Bloom and John Elder, this morning found two locations that would be ideal for encampment purposes. One of them is along the Pennsylvania railroad and the other not very far from that line. Both contain about a hundred acres, which will be sufficient for encampments.

Ebensburg is much interested in the MISS HELEN LOGAN BRIDGE PARTY Three tables were in play at a beautifully appointed bridge party given by Miss Helen Logan at her home on Philadelphia street, Tuesday evening. The guests included members of the younger set. During the course of the evening, luncheon was served. Those attending, form a bridge club which hold weekly gatherings. Grand Theater Today.

The five-part feature; "Four Feathers," starring Howard Eastabrook, will be the attraction at the Grand tonight. "The Bath House Tragedy," a two- reel L-KO comedy at the Colonial tonight. 80 Wolf, widow of one of the former county superintendents and Harry KaufTman. He began his career as a schoo teacher at the age of 17 years, when he was instructor in the "Hardscrabble" school, near home. The name of the school was later changed to the Bell school, the name it is known by at the present time.

The late Prof. Samuel Wolf was county superintend- ctn of this district. The first Institute attended here by the veteran instructor was composed of about 35 teachers, some coming in one day, some another, each missing a day or two of school to attend the The institutes were held in the old borough hall which was equipped with backless benches. Mr. Lytle spent his last years of teaching as head of the Brushvalley Academy, where he directed the early studies of 80 students for seven consecutive years.

He is a well-known prohibitionist, is identified with the bee industry and several years ago working from the facts obtained from his memory and the memories of others, prepared and had printed a circle history of of the most conclusive histories of Indiana county families known. H. S. BOYS OFF FOR THE EAST Reed Morni'ngslar, conch and the members of the Indiana High School basketball learn leave loday for a two-days' trip in the easl. A game will be played at Huntingdon with the High School team this evening and Thursday night the ball tossers will meet the High School team at Philipsburg.

The team has been un- lergoing some strict drills these last 'Vw days and are in prime condition 'or winning the two contests. LOCAL FANCIERS THE PRIZE WINNERS IN CHICKEN SI BOROUGH TO SOLVE QUESTION Dr. Simpson Elected. At the annual meeting of the stock- lolder.s of the Farmers Bank held a days ago, Dr. W.

A. Simpson was elected a director to fill the vacancy aused by the death of Dr. lenrv. Me- Britain Seizes II. S.

Mail. Y. M. C. A.

ACTIVITIES. London, Dec. Swedish steamship Stockholm, formerly the Holland-American liner Potsdam, which was recently taken to Kirkwall bound from Gothenburg to New York was released afterr some of her mails had been removed. This is the first case of the removal of mails from a vcs.sel en route fron Sweden to the United States and probably lead to some more diplomatic controversies. The same problem that confront? the borough of Punxsutawney am other towns in this section will have to lie faced by the local probable result of the new compensation law which goes into effect on January 1.

The new act requires al boroughs to insure their paid employ- es and under this head, in Indiana will come the police, street commssioner and his assistants and other employes. The firemen will not be considered as they form a separate organization. The school directors must also face this problem, as their teachers and janitors come tinder the rulings of the act. What action the borough organiza- (Gonfcirfued cm page 2v) REV. FRANK SNYDER TO MARRY IDAMAR MINES WILL OPEN SOON Increased activity in the order department and the increasing cold weather is responsible for the report from reliable sources that the mines at Idamar will resume active work shortly after the first of the year.

Three hundred miners will be given steady work according to the semiofficial announcement. The mines have ieen partially closed for several months due to lack of orders and he rather warm weather conditions. A larger number of people are now enrolling with the Savings Trust Company Xmas. Savings Club. Pennington's are selling Ladies' Furs at less than cost.

These make a beautiful Christmas present. Don't Put It Off. To be successful you must develop the saving habit. An easy way to do is to join the Farmers' Bank Christmas Saving Club. Hundreds are doing it.

Make a small deposit each week then next December you will get it back with interest. Any amount from a penny up. Opportunities for Women. The New Installment Book plan for saving $100 offers an exceptional opportunity to women. Women who desire bank accounts in their own name can take out one or more of these books.

We will be glad to ex- The Creekside basketball team will be the attraction at the Y. M. C. A. tomorrow (Thursday) evening.

It will be remembered that a week ago the association was represented at Creekside hall and the boys from this place came back with victory over the Creekside lads. The game tomorrow evening will be a return from that played a week ago. The Association will be without the service of Coach Morningstar, who played forward in the Creekside game, for he is away on a tour with the high school squad, but with the balance of material on hand, the association will put up a strong team and the attraction tomorrow night will be a good one. It is hoped that a large crowd will turn out to encourage the home play- Remember that Penningtons are losing out to quit business and you can save money by buying your Christmas gifts at this store. Men's and boys' overcoats and raincoats at a remarkable low price.

See them before purchasing elsewhere. 80-x Gettysburg, Dec. Lilliam Jane Myers, of Spring Grove; an her engagement Monday evening at the home of her mother, Mrs. Emma Myers, to Rev. Samuel Franklin Snyder, assistant to President Granville of Gettysburg College.

Tho announcement was made at a party given by Miss Myers. She has been pi'ominent in musical circles in her home town and in York where she was for some time organist and choir leader in the First Reformed church. Rev. Snyder is an Indiana boy. He was graduated from the State Norma school with the class of 1905.

He later finished his education at Gettysburg College and has, fo.r some years been the assistant to the president of Gettysburg College. He is a brothei of Miss Arvilla Snyder, and Mrs, S. Beers, of Indiana. Over Five Hundred cimens Were in First Exhibitidnll Blairsville. THE PRIZE WINNEil The first annual chicken which has just closed at was a success in every Five hundred chickens and 50 pigeo'ttJfSSf were entered and the judges hatlrijiiNffl hard time in making their It is being planned to make the an annual event.

The features of the show were, displays of Rhode Island Reds by Adelphia Poultry of the barred rocks by S. E. Johnstown; the white crested by William Hinkle and W. F. lardt, of Johnstown and the of white and Columbian dott.es by George M.

Wilkinson, llairsville. All the Bantam awards wen! rnest Livingstone, of he also won first place in his ers. plain. the plan FIRST NATIONAL BANK. More Gift Goods Received.

Another shipment of Smokers, Reed Doll Carts, Children's Rockers and High Chairs, Foot Stools, full-sized Rockers, just arrived at Buchheit Bros, 80 The Junior basketball league recently organized with four teams in the race for pennant, started off yesterday with a bang. The teams arc running under the names: Squirrels, Foxes, Bears, and Deer; and are captained by August McKee, Harold Rink, John Lowry and John Apple, respectively. In the opening game yesterday the Foxes gave the Squirrels a merry chase and devoured them in a 15-10 score. Captain Rink played the best game for his team, caging four field goals. Earl Barth was also a feature for the Foxes, getting one long one-handed goal and also another difficult one from the field.

The game next Tuesday will between the Bears and Deer. Special For Christmas. At the Grand. The Island of Regeneration. The Grand will, as usual, offer a special holiday attraction in keeping with the season and the policy of the house.

For Christmas, "The Island of Regeneration," a story richly adapted to the screen will be shown. The story is absorbing and the settings are highly artistic. Special music is being prepared and the picture will be presented in an artistic way. Two pictures will be shown in, the afternoon, 2 o'clock and 3:30 and in the evening at 6:30, 8:00 and 9:30. This is a guaranteed attraction and will be shown at the general admission price of 20 cents; children 10 cents.

THE BOY SCOOTS HAD OPEN HOOSE Flowery Account of the Pro ceeclings Are Given by One Who Was on the Outside. HAD GOOD EATS, TOO. Orchestra Colonial tonight. Enroll now with the Savings Trust Company Xmas. Savings Club.

A Lesson From the War. The unexpected calamity of the Xmas Neckwear at Moorhead Bros. proposition, although there are some citizens who do not wish the encampment brought to the county seat. At Thursday's meeting finances will be discussed. It will require several thousand dollars to bring the guardsmen to Ebensburg, but those backing the proposition think there will be ueq from page The Savings Trust Company Christmas Savings Club is now open for enrollment.

Fine line of Leather Novelties at Moorhead Bros. 81-x Stick Pins, Cue Buttons, Tie Clasps and Jewelry Novelties at Moorehad Bros. 81-x Moorhead BJ-OS. have a nice line of Fur Caps. 81-x Leather Bags and Suit Cases make a.

very suitable gift for Xmas. Bros. The Senior Basketball league will be organized and set to going the first of the year. All seniors who wish to play in this league are requested to register with Physical Director Mann at your earliest convenience. There are already twenty or more names registered for this big league.

Col. House Goes to Europe. New York, Dec. E. M.

House, confidential adviser to President Wilson, will start for Europe within the next fortnight on another mission in which he will act as an unofficial agent of the President. "It is not advisable to bring home at this time any of our ambassadors from belligerent countries. It has been found impossible to convey or obtain by cable or correspondence qqite the correct atmosphere," said Col. great European war has been a great object lesson for American people. It has shown the necessity of absolutely being prepared at all times for a world-wide calamity.

The Systematic planning for saving money will help you be prepared. You can take out $100 Installment Books paying interest at 4 per cent, in the First National Bank. Opportunities for The new Installment Book plan for saving $100 offers an exceptional opportunity to women. Women who desire bank accounts in their own name can take out one or more of these books. We will be glad to explain the plan.

FIRST NATIONAL BANK. The Savings Trust Company welcomes all to join their Xmas Savings Club. Xmas Candies, Fruits, Nuts and Hot House Vegetables. An especially fine line of Green Goods for the Holidays. Also decorations for your table and home, including Holly, Mistletoe, etc.

William Ross, Philadelphia street. Both phones. In the beautifully decorated clubrooms of the First Patrol of the Indiana Boy Scouts at "Parlodel," last evening, a company of select young- ladies of town were delightfully entertained. It may have been the approach of another Leap Year which impelled the youthful entertainers to extend their cordiality to the fair sex, ostensibly in honor of the joyous Christmas season, but reality the "motif" of tne affair was un doubtedly the fact that the coming Year of Woman's Initiative will de prive the Chivalrous Legion from th pleasure, not to say, the honor of entertaining their gentler friends. The Boy Scout slogan "Be was carried out in minute detail, in decoration as well as program The Locust street club rooms were exquisitely appointed, from the stair approach, artistically drapped in the Scout colors, to the evergreens ant rare tapestries of the rooms themselves.

The sweet strains of hidden music suggesting an orchestra of indefinite price, pleased the ear and aroused the emotions fthe guests in fitting introduction to a varied and original procedure. At 10 o'clock were served toothsome refreshments of rare delicacy and last but not least, the visitors became the donees of gists which were ludicrously appropriate, suited to their respective, sweet idiosyncrasies. The guests of the evening voted the affair a complete success and though each contributed to it, yet each took with her a wealth of future pleasure in fond remembrance. The following young ladies wore present: Misses Kathryn Byers, Bertha Connor, Luelr tS mm tions of Jacobian pigeons. Baker took the prizes on )igeons and M.

M. Mowry on Dragoon and Maltese pigeons. The other prize winners fol.l lumbers 1, 2, 3, 4 and the order of prizes. Barred E. cocks, 1, 4, and 5, hens 1, 1, 2, 3, and 4 and pullets, bred, 1, 2, and Clark Long 4 and J.

R. pullets, ry Lawson, exhibition pullets, pens, cockerel-bred, 2 bred, F. T. Ampferer, and 3, hens, 2 and 3, cockerels, pen exhibition, J. T.

Davis, peri'ejfl hibitipn, 2. D. Cafferty, 3. 2 Partridge Long, 1 and W. L.

Friedline, hens, i 4 and pullets, 1. White le, hens, 5, cockerels, 1, pulle and Charles E. Blystone, W. P. Graff, pen, George kinson, cocks, 1, 2, 3, and 4 2 and 3, cockerels, 2 and 3, and 2 and pen, 1.

Silver R.J& cocks, 1, 2 and 3, hens, 1 and erel, 1 and 2, pullet, 1 and 2, Buff son, cock 1, hen 1, pullet, 1. Columbian Warren, cock 4, hen Edwin cock 2, cockerel 3, pullet Gep Wilkinson, cocks, 1 and 3, hens 2, pullets, 1, 2, and 3, 2 and pen 1. Single Comb Rhode Island- Beck Poultry Yards, cock 3, a ft. ifif? r- la Daugherty, DC Jeffries, Evelyn Livingstone, Florence Miller, Sarah Myers. Florence Park, Ruth Parks, Ruth Wadding and Lois Wolf.

Subscribe for the Evening Adelphia Poultry Cards, and 4, hens, 1, 2 and 3, cockerels.T*''' and 3, pullets 1, 2, 3 and 3, Rose Comb White Weaver, cocks 1 and 2, hens 1 'and)! 2, pullet 1, cockerel J. R. pen 1. Single Comb Brown Krise, hens 1.,. 2 -t 11 i'' M.

Lewis, cock 1, pullets 2 Charles E. Blystone, cockerels 1, (Continued fjom page 8.) REAL ESTATE TRANSFERS, W. R. Lukehart to First Bank of Plumville, lot in M. Landfair to Amelia lot in Burrell; $100.

Murray Stewart to Anna F. 30 acres in Washington, $1. MARRIAGE LICENSES Isaac N. Wise Myrtle G. Keeley Roy V.

Adamson Ethel M. Facemyer Charles A. Kidder Mabel Rodgers Glen Mother Gives Life, the dense smoke 'which filled 'jome, Mrs. Hyman Adelson, was suffocated, early today lad rescued her four ftre which destroyed oaidence and store Here, the firemen 10 use pfter the. tbf.