Cumberland Evening Times from Cumberland, Maryland • Page 5

PAGE EIGHT THE EVENING TIMES, THURSDAY, OCX TO. 1907 TWO OPIUMS OfJTOEST First is the Mineral County Bridge Case. OTHER THE SHAW CASE. Temporary Injunction was Granted On the First and Also a Temporary Injunction in the Second Case--A Distinction Made. Two opinions of Interest to the public generally and to the legal profession in particular have been handed down by Boyd in the Circuit Court for Allegany county.

The first is the case ot the County County. vs. the Virginia and Maryland Gas and involves the use of the bridge at es- ternuort, connecting Mineral county. with Allegany county, for the pipes of the gas company to brins natural gas from West Virginia to es- ternport and vicinity. The County Court of Mineral county.

W. a. through Messrs. Albert A. Doub and A Tavlor Smith, its attorneys filed a bill some few weeks ago asking the Court to enjoin the gas company troni tearing up this bridge and from using it lor its gas mains, alleging taut the bridge had been built by Allegan and Mineral counties jointly and was owneJ by th-em in common :t.iut i eral county had contributed osie-nair the money" necessary to build it and was liable" for one-half the expense of repairs, and that an agreement had been enterd into the two counties that neither should grant any privileges or franchise over the bridge without the consent of the other, and that as the bridge was al.uoht wlflolly within Allegany county the Circuit Court of Allegany county was the proper tribunal in which to seek its remedy.

Upon the allegations of this bill Judge Boyd issued a temporary injunction restraining the gas company from laying us pipes upon the brid'ge or interfering i it in anyway whatsoever. The West Virginia and land Gas Company in answering through its attorneys. Messrs. B. A.

Richmond J. BlacKi-ston. J-erdmand Williams and R. Ji. Gordon, alleged that Mineral county had granted to the gas company the right to use thiv bridge for its gns pipes and offered in evidence a franchise from Mineral count giving to the gas company the right "to ube the roads and bridges in Mineral county; and further allege 1 that the laying of these pipes did not constitute such an injury or trespass as would entitle Mineral county to seek aid in a court of equity.

The case was twice argued and Judge Bovd in his opinion of a few days ago decided that the franchise which had been granted by Mineral county did not give the gas company any rights on the bridge in Question, as the bridge was almost entirely in Allegany county and was not one of the bridges of Mineral county. In his opinion "Judge Boyd suggested that although he refuses to dissolve the injunction on the motion of the attorneys for the gas company, there were some other legal points which he wished investigated before the matter was finally disposed of. Tae second case is the case of Mr. Shaw vs. the Western Maryland Gas in which Mr.

Shaw asked the Court to restrain the Western Maryland Gas Co. from digging up the "road through Allegany county runnins; frcm Barton to Pekin. alleging that he was the owner or the fee in the road the road was a countv road and that sucii laying of the pipes by the gas company would be an additional servitude and as such was an injury to him for which he was entitled to compensation. He further alleged that "Western Maryland Gas Co. was a natural gas company and that it handled and sold natural gas only: that it had no artificial gas plant, did not deal in artificial gas and didn't intend to deal in artificial gas.

and that as a natural gas company it did not come under Section 142 of Article 23 of the Public General Laws of Maryland, which cives Maryland gas companies the to lav their pipes alone: the streets and roads of a county without the consent of the municipal authorities. The gas company in its answer stated that the Western Maryland Gas Co. had a right to lay its pipes along the road in question as Mr. Shaw had dedicated that road to the use of the public as a city street: that in 1S72 he had laid off the town of Moscow into streets and squares and had recorded the plat among the Land Records Of Allecany County, and hence was estopped to deny that the road was not a street or that it could net be used for all the GAS CAS GAS Coal, Coke or Wood For Cash the Cheapest. For Credit the Easiest, purposes for which a city street IB Intended.

Judge Boyd in his opinion granting temporary Injunction to Mr. Shaw, against the gas company, says that although Mr. Shaw is estopped frow denying that the road is a city street by reason oMhe fact that he had laid It off as such and dedicated it to the public. Intimates that the Maryland law giving Maryland gas companies the right to lay ther pipes in' the roads and streets of any county in Maryland without the consent of the municipal authorities does not apply to natural gas companies, but applies only to companies dealing in artificial or manufactured gas. that a natural gas company would not have this right without the consent of the municipal authorities and the owner of the foe.

and that such action by the Western Maryland Gas Co. would be a trespass for which Mr. Shaw would be entitled to compensation. Mr. Shaw was represented by Messrs.

Albert A. Doub and A. Taylor S.5ilth. while Messrs. B.

A. Richmond. D. J. I'-lackiston.

KerJinand Williams and II. Gordon appeared for tiir- Western Maryland Gas AT THE ACADEMY. Tonight--For Her Sake. Friday night--To Die at Dawn. Saturday night--Ku Klux Klan.

iviatmee 2:30 each day. Tonight the Harder-Hall Stock Co. presents one of its most ambitious ol- teringh. "For Her Sake," a Russian military melodrama of great power. scenic effects are excellent, but it is in the acting of the various members of the company that enables the play to score a hit.

The play centers about a young serf gii' Olsa. has been carefully breu. but is sold into slavery when tne print-ess mother of her "betrothed finds that she is engaged to her son. Olga herself to be the daughter of a criminal, and fears to bring disgiace ui on her lover by mar- ing. Her lover, the prince, and rebuffed by her.

still remains true to her and for her sake becomes a Siberian exile, and while there, a prisoner, meets her anil eventually i freedom for both. The costumes are correct, being made in exact duplicate of cuts procured in Europe, by Schultz, the cos- tinner, in Chicago. Friday night the amateurs will hold the boards and. judging from the number of names already handed in, a long and clever program will be furnished. Tonight excellent new specialties v.

ill be furnished by Allen and Bright and chorusv Daisy Carleton and chorus, and Otto Oretto. "Darling of the Gods." David Belasco's "The Darling of the Gods." which comes to the Academy of Music on Fiiday. Oct. IS. ih big in every way.

Its story is a wonderful creation of dramatic literature, the production has earned national fame by its beauty and weight and the presenting company number a. few less than fifty people. Besides such .1 straight, dramatic offering men the musical' productions whose "massiveness" is so widely heralded seem small and inconsequent. Seats Wednesday next at Uppold's drug store. Read Rosenbaum's advertisement, telling of the big event Friday, at 10 a.

in. BOLD HOLD UP. Martir.sburg Men Drove Off Robbers by the Use of Profanity. The Martinsburg Evening Journal of yesterday says: Walter Taylor, Xoble Rind and Charles Russler. of this city, while driving home from Shephenfs- town on Tuesday night, were heKl up near Flagg's crossing, about two miles irom Martinsburg.

by a couple of bold highwaymen, who demanded that they descend from their buggy and haa3 over their ca.sh. Taylor was handling the lines, anl when the highwaymen made their demand he brought the horse to a stop Peering into the darkness he saw two one on each side of the buggy. is not usually given to profanity, but the occasion seemed to demand something out of the onlinarv. so he remarked: "Say. you scoundrels, you get out of the way or I'll climb down from this here seat and wallop you into dog meat.

you git blamed quick!" The that there were three of them, "got" in double- quick time, nad the men in the buggy proceeded without further molestation. It is thought that the highwaymen were the men engaged in the robbery of the Johnson store at Cherry Run on Tuesday morning. Read Rosenbaum's advertisement telling of the big event Friday, at 10 a. ra. Remains Brought Here.

The remains of Charles D. Robinson, colored, aged 3S years, were brought here yesterday from Fairmont. W. and taken to the residence of his parents. Mr.

and Mrs. Thomas B. Robinson Highland street. The deceased, who Tuesday wns formerly a resident of this city. He is by a wife.

The func'r- el will occur tomorrow afternoon at o'c ock i services at the McKendree M. E. church. Rev. Shaw officiating.

A Race Horse Sold. Harvey G. Stahl. the well known horseman of Meyersdalp. sold to Dick l.awrenc\ of Boston.

a horseman, his Senator Hal. which won jiace in straight heats at the races In Osm- berland last week, for SSOO. Hal's lowest time JKTO was PERSONAL AND SOCIAL. THOSE WHO COME AND GO AND THEIR FRIENDS. What Going on In the Social World Around You--Brief tlemt of Gen Interest to You and Your (Thi Times requests Items of personal Interest lor this column--mull, seiivl or Uv.

11. Uhle and family and Miss Mary Mees. all of Pomeroy. Ohio, have arrived in Cumberland to be present at the marriage of their nephew Herman Dlehl. Mr.

E. K. K'HIer. who is with the H. PltUburg, is in Cumberland shaking hands with lite old friends.

Mr. Lloyd Lowndes returner home last night Irom a visit to Baltimore and Washington. Mr. Charles Reed, of this city, spent yesterday with relatives in Frederick. Miss Louise Shaffer, of Frostburg.

was In Hagerstown yesterday enroute to Baltimore to attend the H. F. M. convention of tne Lutheran Mail. Mrs.

Robert F. Shaffer, this county, and brother-in-law, Mr. Anthony liankey, Philadelphia, sailed thib morning from New York for a two- months' trour of Europe. Mrs. Shafer will meet in Paris her sister, Hankey.

who spent the summer in Globe. Miss Geriach who had been visiting friends aaj relatives in Pittsburg for the past summer, has returned home. Mr. E. E.

Smith is spending a three weeks' vacation in Baltimore. Washington. Hancock and other eastern Mr. Roy Walker returned dast evening from a two weeks' visit to Chicago. Mis.

Matilda G. Graham, of Lona- cor.liii;. formerly of this city, has returned home after a six weeks' visit i her son, Mr. Jeremiah McClintick. Fort Hill, Pa.

Mrs. Graham also visited her son-in-law and daughter. Mr. and Mrs. George Davis, at" Roxbury.

Pa. Mrs. Ellen Johnson, of Keyser. Mrs. C.iarles Tonrv of Westernport.

and Mrs. Sarah Somerville. of aJBrton. v.ere guests of Mrs. W.

E. Fazenbaker. this citj. Mrs. Jeannette Hughes, of St.

Louis, is visiting Mrs. Fazen- berker. Mr. and R. C.

Levick have returned from a visit to Gerstell and Keyser, W. Ya. Fire Chief Robert Revnolds. of the Cumberland Fire Department, is in "Washington. D.

today attending the annual convention of the American Association of Fire Chiefs. He will return this evening. Mr. H. .1.

Helfrick. conductor in the vards, is being congratulated upon the arrival of a lovely baby girl at his home. Xo. 7 Williams street. Miss Katie Kotschenrenther left today to spend seveial weeks i her sister and friends in Baltimore.

Miss Grace Taylor, of Keyser. who visited the Misses Snydfr. on Paca street, went to Piedmont this afternoon to visit her brother. Creed Taylor. Nearly every man has some money that he would like to have safely invested, not only in a way that would gjve him no worry but he" readily payable, should he need it.

The Third National Bank affords every one this opportunity, and pays 3 percent Interest on Savings Accounts. This bank also loans Self-Recording Home Safes Free to Depositors. Open Saturday night. Held for United States Court. William M.

Wagner was held for the United States Court in the sum of SI.000 by Commissioner Anderson this afternoon. He was charged with using the United States mails to defraud through a sugar scheme. William Kistner was held in tho sum of $500 on a charge of maTTdous destruction of mail -Mr. Capper appeared in both cases for the defendants. Marriage Licenses.

John Elwanl Long and Amanda Mowery, both, of Cumberland. Fred Saxon'and Emma Belle Long, both of Cumberland. John Joseph Bridges. Panama, and Elizabeth Donahoe. eBan's Cove.

i'a. David L. Beatty and Grace Pearl both of Petersburg. Pa. Walter Scott McCann.

Uniontown. and Ella Pearl Rose. Orient. Pa These celebrated 1SK Wedding Rings have stcod the wear of fifty-six years. Names and dates a free.

Prices S3.50 to 514. Send for finger sizing card. THE S. T. LITTLE JEWELRY CO.

Ninety-Seven Baltimore Street, Cumberland. Md. Read advertisement, telling of th" big event Friday, at 10 a. Re-Elected Officers. Chapter.

No JS. Royal Arch Masons, this city, has just iv-olectH the follow Ing officers to sf-rve one High priest. E. king. J.

A. IVhlor: scribf. W. f'ri'-s: recorder. M.

tr-as- K. NO. PENINSULAR Tfte Peoples' Fnrnitare Store Reeoonized Leading House Furnish- ere in Western Maryland. Jit i 91 Batimore Street. It Was a Joke.

The statement that Frank Brown bad entered th" Senatorial race seems to have been pr- ture. Mr. Brown says w.is a joke, and that nc tvSH not he a candidate, ana he to V.now. Oyster Supper and Festival. An oyster siipjwr anl will held KrMay and Saturday night's of this wefk at Melvln rhajxl.

Don't fall to sec The Life ot Christ" at Amnse l. Every afternoon and OTenlng, Entire portrayal only FALL SHOES For Everybo dy. The weather (is getting it that demandsaew Shoes. Everybody must be supplied, and everybody does not have money to waste, so come to "The Home of Good Shoes" and be fitted out with o-ood mod- -x erate prices. mma Defaler, 98 Baltimore Street.

that correctly express all the small details of the season's vogue. In our manV moth stoak of spick-and-span new Clothing you will find the very garments you require to make you the "well-dressed We offer you clothes that the best custom tailor in the land would be pleased to have identified by his label. Gross Co." Fall Suits For Men and Young Men which have been greatly admired and purchased by many of the most critica men in our town during'the past week. If you seek Fall Sack Suitof correct style, of faultless tailoring, of excellent i wearing fabrics in exclusive weave, perfect in fit--then you slnuld come and see THREE BOYS' PRIZES-WATCHES. One Watch to a Republican Boy One Watch to a Democrat Boy! One Watch to a Prohibition Boy! To be known ns FirSt, Second and Third Prize.

All boys, anywhere, ages of 12 and 16, are eligible. Prizes to be awarded for best paper of not moVe than Four Hundred words. Subject: "Why a a Republican." "Why I am a Democrat." "Why 1 am a Prohibitionist," his politics may be.l The S. T. Little Jewelry Jewelers over half Century, is oftVring these prizes.

Reasons for political faith, diction, composition, handwriting, ail count as points. Write on one side of the paper. Three men of different political parties will act as judges and award prizes. Contest closes Saturday, October 26. awarded Tuesday, October 29, 1907.

Write name and address plainly. State your age. There are no other School teachers are invited to co-operate. The Little Jewelry Ninety Seven Baltimore Street, Near Centre St. Eobert W.

Little, Mgr. To be a Well-Dressed Mon or Young Man You Most Wear Clothes wearing the perfect in fit--then you Cross Co." Suits At $10.00 to $25.00. J. GROSS AT THE CROSSING. Corner of Baltimore Street and Baltimore and Ohio R.

R. FOR SALE. Washington Street Dwelling. Splendid location. We have Some Choice Baltimore Street Property sale.

If interested call or write ior particulars. J. HOLZSHU Citizens' National Bank Building. The Queen City Dye Works (OldjCrystal Laundry StantS) With up-to-date equipment and C7ery department we are fully prepared to do anything In the line of CLEANING Special-- Feathers cleaned, dyed and CORNER BEDFORD AND MECHANIC The Tri-State Business College, .123, 125, Street, A business training Jschool and; modern methods. On account of th- individual instruction students may enter any tiiae.

Open all'the year. Catalogue free. J. W. SMITH, Principal.

B. F. SHAFFER, VicePrest. and Bus. USE GAS YOUR FURNACE CUT our USB OK co.vi.: point with pride toournblUty to coliverl your coil hurn'ns furnace Into nnturnl hurnlnt: Untold Labor and Gaa-ant'elng eanliness and Absolute TiioTlmes bulMlmtls now by vtcnm furnai-f fuel.

Th- Inirner was specially nnrt Instiillod liy i titmo-fwitNfnctlon. PHONE OURkXPERT FITTER AND HIM ADVISE WITH YOU. Insinuation In i nnd pmcllral 13 Baltimore Street. BOTH PHONES c.O GAS FITTING CO GAS FITTERS AND PLUlaBERS. JOHN n.

j. M. JK-. Hr-cy- of roinil. Straight front.

Low I)( hip. Tor medium f-jn a i-air I Only rf'c a joir! You'd clicks No. 117 to be a dollar corset oven- time-- sUll IS to only Can 1 IKOK von for a pair? THE CORSET GlRb. at Gross Brothers. HONEST SERVICE.

There is .1 irreat difference in the QVAUTY of drag store goods. The public fl-pcnd upon the droggist for Hoacst Service. When yon'dcpcad spoa ns you sot be disappointed for under no Toasideraiion -will we sapply oa customers with goods. Especially i this true la filliag Every one com- po-Jn'Jci -ss is filled with the highest quality that can be secared in aay of the Get it at HOLTZMAN'S 1907 FASHIONS Millinery --AT-Miss Reiley's, No 7 South Center CUMBERLAND, DANIEL FLOUR. The Value Received More Than Equals the Higher Cost.

OUR GUARANTEE. If you are not thoroughly convinced that Daniel Webster Flour has pro- duced the best bread you ever baked after you have used an entire sack of It, return the empty sack to the your name with him, and the purchase price will be refunded and 4 ctmrged to OS. EAGLE ROLLER MILL i i MINN. Daily Capacity 5,000 Barrels. JOHNSON R.MORGAN MILLING CO.

Wholesalers, Cum If A Jf Laminated Maish Comforts have revolutionized bed covering Maish Comforts 'are iuxumoc.si/y WAHM and LIGHT. The enow-white filling of tho "ilaith" is made by a special process into one continuous, light, downy layer. Maish Comforts do away, with uohealtblul, heavy covers. We have all 7 sizes. J2, J2.50, J3, $3.50, $4 and J5, I rt 9 i Cumberland Furniture Co.

YOUNG MAN Suppose yon bay a double frame dwelling oa Baltimore avenue, five rooms, bath compjctc. natural gas for light and heat in every room, good a cellars for. for $2900.00 by paying $100 cash and balance at $35 a month. 3 Yon rent the for $15 a side aad add $5 each month to the rent yon 3 receive and make your payment, la a short time you will have a good property paid for and it will have cost yon the Ssoo cash payment aad Ss a month. We also have a 6 roomlframc(s5ngle) oa for $2000 Terms $100 cash aad Sis a month.

2 "Sw COWDEN ZPERRIN about it" I BOTH PHONES. LITTLE FREDERICK 3T. J. C. WOLFORD, FUNERAL DIRECTOR AND EMBALMER.

OUR 8PECIAB WORK. i. 11 N. Ml i- Mall NEWSPAPER! NEWSPAPER!.