The Tribune from Scranton, Pennsylvania • Page 3

THE SCRANTON REPUBLICAN, SATURDAY, NOVEMBER 10, 1928 MOIR WINS AT WE YBE PARK Crossing Job Possible On City Workers Again Seeking Pension Drive Scranton Singers Take First Prize In National Event Girl Lives Although Locomotive Struck Her Special to The Republican HONESDALE, Nov. 9. Little shorof a miracle probably saved the life of Dorothy Spencer, two years, of Mast Hope, who today is living after an Erie railroad train struck her and passed over her body. The tot is at the Wayne County Memorial hospital with the extent of her suffering reported as bruises and shock. This evening attaches of the institution said her chances for recovery were good.

The little girl is the daughter of Mr. and Mrs. Fred Spencer. The train which struck her was passing over the main line of the Erie which is near the family honrfc. She was picked up in an unconscious condition and rushed to the hospital.

Glen Alden Will Fight Expense On Morgan Highway Oliver Contends Coal Company Is "Not Legally Bound to Pay a Cent" Towards Construction of New Route Through Its Land. Officials ot the Glen Alden Coal Company yesterday afternoon advised members of council and Mayor E. B. Jermyn that not only are they unwilling to enter into any amicable agreement for the assumption of a portion of the cost of building the Morgan highway, but that they will attack the right of the board of viewers to assess any of the expense of the project against the concern. Local Choral Society Has Little Difficulty in Triumphing Over Wilkes Barre and Plymouth Organizations Taylor Juveniles Also Win.

By D. E. JONES, Mug. Republican Music Critic WILKES BARRE, Nov. 9 The tlyde Park Choral Society, of Scranton, winners of the National Eisteddfod of America at Utica last year, duplicated their feat here tonight when they won the chief mixed choral competition in the ancient Welsh institution, sessions of which are being held in the local armory.

The victory carried with it a prize of $1,500 and a gold medal to the successful conductor, Prof. Luther Bassctt, of Scranton. The adjudicators. Dr. Daniel Pro Major W.

W. Inells. president, and Wins New Laurels World To Observe Peace Anniversary Eleven Years Ago Tomorrow Armistice Was Signed Ex servicemen to Hold Appropriate Exercises at Court House Square. Eleven years ago tomorrow afternoon the world was at peace for the first time In more than four and a half years. The clicking of machine guns, the booming of cannon, the whir of enemy planes and the deadly pit pat of rifle fire which had during that period mowed down millions' of men had ceased.

The worlds for the moment lost its seriousness of the death struggle and revelled. Tomorrow the world" celebrates the Paddle Tennis Will Start at Weston Field Plans for the coming season will be discussed at a meeting of the Weston Paddle Tennis club, to be held at Weston Field next Thursday at 6:45 o'clock. Paddle tennis is to be reinstated as a part of the winter program of the Bureau of Recreation next Saturday. The schedule will provide periods from 2 to 5 o'clock on Saturday afternoon, and from 2 to 5:30 o'clock on Sundays P. P.

A T. Howle. Inc.331 Wyo.ntngAvi Plumbing, Heating. Sheet Metal Contractor Adv. wool in 54 colors Attorney J.

Hayden Oliver, general counsel for the coal company, attended the conference at City Hall, which was called by council, upon motion of Councilman Harry Apgar, to determine the attitude of the company officials towards the proposal that the concern take over the highway scheme and let the contract itself. Mayor Jermyn, Director Public Works William A. Schunk, City Engineer Charles Schroeder and the five members of council represented the city at the session. President Stanley J. Davis, after out lining briefly the purpose of the session, (Continued on Page Twenty five) hose and patterns prs.

$1.95) rv Committee to Meet With Coiincilmen Next Wednesday ARREARAGES INVOLVED City Fathers to Discuss Water Supply Proposal of W. P. Boland City employes, exclusive of police and firemen, are making another effort to be relieved of the payment of pension assessments and Interest for the seven year period beginning In 1915, the date of the passage of the state legislation authorizing the creation of municipal funds. Several attempts have been made by the office workers and per diem employes at city hall to secure a change in the ordinance which would exempt them from the payments for the years prior to the date of passage of the local measure. The ordinance establishing the pension fund here was enacted in 1922, seven years after the state act had been passed, and It is the following pi vision in the ordinance which has stirred up the protests: "All persons originally employed prior to May 28, 1915, may make payment into the fund of all sums accrued since said date, and all persons originally employed subsequent to May 28, 1915, may make payment into the fund of all sums accrued since the date of employment.

Such arrearages accrued tas aforesaid with interest tncreon commending sixty days after the date of approval of this ordinance, if not previously paid, shall be deducted out of the first moneys hereafter payable by way of pension to any person otherwise entitled to receive the same." Committe To Confer Representatives of the'eity employes have named a committee which is to confer with members of council next Wednesday afternoon in another effort to effect an adjustment of the situa tion. The councilmen on the same afternoon are to meet with William P. Boland, who a month ago submitted a proposal whereby the city might establish its own water supply system by damming the overflow of the reservoirs of the Scranton Spring Brook Water Service company. FEDERAL COURT IS 1 Judge Albert W. Johnson Will Preside at Session 1 Starting Nov.

19 18 CASES TO BE HEARD Action of Munyon Remedy. Company Against Govern ment Will Be Argued Cases which will be brought up before Federal Judge Albert W. Johnson in a session of United States argument court, opening here on Monday November 19, were announced yesterday at the office of Clerk: of Courts Albert O. Vorse. It is expected that the court will continue for at least two days.

Eighteen cases are listed on the calendar, according to yesterday's announcement. Of considerable local interest is the action of the Munyon Remedy company, this city, against the prohibition department. The Munyon company's alcohol permit was revoked by the government following alleged violations of their right to withdraw alcohol from the government warehouses and the concern, through Attorney Ralph Rymer, now Is seeking to have the permit restored. Considerable surprise' was created around the federal building yesterday when it became known that the case of the former "Miss America," Norma Smallwood, Tulsa, against Joseph J. Donahoe and others of this city, has again been put on the list for the session of argument court.

In the September term of court, it was believed that "finis" had been written to the case when Judge Johnson directed that a decree be drawn at once dismissing the plaintiff's amended statement. The former beauty queen, who since first initiating' action against the local men has become the bride of Thomas Ollcrease, Oklahoma oil millionaire, alleged that she was engaged by Mr. Donahoe to appear In several local promotion affairs following her winning of the Atlantic City honors and that there is a considerable sum still due her on her contract. The case has been brought up before Judge Johnson on three previous sessions, Other Cases on List. Other cases on the argument court list follow: Thomas S.

Morgan Sons, case In bankruptcy, motion to dismiss proceedings; William A. Mis (Continued on Page Twenty five) ARGUMENT LIST ANNOUNCED Morgan Trail Oliver Says Project Might Involve Elimination Plan O. W. CROSSES ROAD Engineer May Recommend Viaduct or Underpass, Company Counsel Says Construction of the Morgan highway, from Keyser avenue to the city line, may involve agitation for the elimination of the grade crossing of the O. railroad, Attorney J.

Hayden Oliver, general counsel for the Glen Alden Coal company, told members of council yesterday afternoon. street, at present crosses the Capouse branch of. the O. Si W. at grade, and in the plans for the new highway, City Engineer Charles Schroeder has prepared for paving the roadway at grade, although at a slightly different angle than the present route.

Attorney Oliver contended that no alteration of a grade crossing can be made without action on It by the public service commission, and de clares that body undoubtedly would go Into the question of the possibility of eliminating the crossing entirely. Would Delay Project. Such a procedure, It was admitted yesterday, would require many months, and would serve to delay the Morgan highway project. Mr. Oliver argued that if the matter were to be referred to the commission, engineers would be assigned to inspect the crossing, and would probably recommend that a viaduct or an underpass be constructed.

City officials pointed out that no such question was raised when West Market steet, which also crosses the Capouse branch, was paved in 1920. About six trains daily now are operated over the branch, it is understood. IS GRANTED TO Taxpayers' Action Against Commissioners to Be Tried in Wyoming LEACH GIVES ORDER Says It Appears That Fair Trial Could Not Be Had in Lackawanna Judge Will Leach, an order handed down yesterday, allowed Ab ington taxpayers change of venue In the action against County Commissioners Morgan Thomas and Louis H. Von Bergen and former County Treasurer David James in which the Ab Ington group is asking that the defendants be compelled to turn over Interest money to the countv alleged to have been retained by James in 1922 and 1923. Judge Leach directed that the Issue be heard in the court of common pleas in Wyoming county.

President Judge Charles E. Terry, of Wyoming county, will fix the date for the hearing. Argument on the taxpayers' petition for a change of venue to try the suit was heard by court en banc at the last term of argument court. At the hearing President Judge E. C.

New comb Intimated that the petition would be granted declaring that it was customary to try suits against municipal officers in counties other than the one in which they hold office. Charged Fair Trial Impossible The Ablngton taxpayers lrt their petition charged that it would be impossible to gain a fair trial in the Lackawanna common pleas court because of the enormous publicity given to the action. They contended in their original suit that Commissioners Thomas and Von Bergen were negligent in their duties in 1922 and 1923 the years in which it was charged that James retained Interest money and fees. Attorney George Morrow represented the petitioners. The county commissioners averred that an Impartial hearing could be had in this county.

In answer to the publicity contention they maintained that the publicity was favorable to the plaintiffs. They further pointed out that' a trial in another court would entail inconvenience as the records were on hand in the Lackawanna courthouse. Judge Leach's order granting the change of venue follows: Now, Nov. 193S, it appearing that local prejudice exists and that a fair trial In the above ease cannot be had In Lackawanna county, the petition for change ot venue la granted and the said case Is transferred to (he court of common pleas of Wyoming county. BY THE COURT Leach, J.

Accident Cases When a tree fell on his right foot while he was at Lake Wlnola yesterday afternoon, Thomas Oallaghter, 85, of North Sumner avenue, sustained a sprain of the right ankle. He was treated at the State hospital. While moving a pipe cutting machine at the State hospital yesterday, Michael Hennlgan, 48. of 1508 Luzerne street, sustained lacerations of the left wrist. He was treated at the hospital.

Hennlgan Is employed by P. F. and M. T. Howley, plumbing contractors.

(Political Adv.) To My Republican Friends of the Fourth Legislative District Permit me to express my heartiest thanks for your splendid services towards the Republican party and myself as candidate for Representative at the last general election. Personally, I want to congratulate my successor on his election and I only hope that he will give the best that Is In him for the welfare and Interest of the people In the Fourth Legislative District, at Harrisburg. GEORGE A. HRICKO Representative of the Fourth Legislative District ABEVGTONGROUP 69c (3 occasion of the signing of the Armis tice, the pact that set to perhaps an end the frightful wars tfor "right's sake." For many the day will come as the anniversary of the ending of a war that took the life of a beloved husband, father or brother. To others the day will bring signs of happiness in reminiscence of the finish of the war and the saving of a precious life.

Scranton's Part Glorious Scranton had played a glorious part in that struggle. The gold stars, which were sewed in the center of red, white and blue silk and exposed in the windows of thousands of American homes, were not less thickly scattered in the homes here than elsewhere. So tomorrow when the nation celebrates and mourns, this city will take its place among the hundreds of sister communities in the nation. Ex service menhave arranged an appropriate program; clergymen in their sermons will recite prayers for the dead and for the living; patriotic organizations will conduct special services. The' ex servicemen's program will begin shortly before 11 o'clock at the Soldiers' and Sailors' monument, courthouse square.

The exercises will be in charge of Koch Conley post, American 'Legion, and other veterans: organizations of the city. The legion? band wilt render the strains of "The Star Spangled Banner" and Rabbi Max Arzt will offer the Invocation, the annual two minute silence will be observed. Following the silence, Rev. Peter K. Emmons, pastor of the Westminster Presbyterian church, will make a brief address.

Clerk of. Courts Edwin A. Harris, Scranton blind bugler who gave his sight for democracy, will sound "taps" afld the army's wonderful' call will be re echoed from the tower of the' courthouse by a fellow bugler. A firing squad will render a salute. The salute will complete the outdoor gathering" of the ex service men.

Gold Star Mothers, auxiliary units and others will march to the Strand theater, where memorial exercises will be held In honor of the dead. Judge George W. Maxey will be the principal speaker. Rabbi Max Arzt, of Temple Israel, will offer the invocation while Rev. J.

J. Featherstone, of St. Peter's cathedral, will. give the benediction. Organist Thomas of the Strand, will play several selections.

William C. Fauver. commander of Koch Conley past. will be chairman. GRAND JURY TO REPORT TODAY Jurors Probe Murder Allegations Along With 300 Cases of Minor Nature The November grand Jury will submit its report on the probe of 300 criminal cases this morning to President Judge E.

C. Newcomb. The Jurors will visit the county jail and report on conditions there. One murder case was probed, that of John Parker, colored, who was charged with the killing of John Poplnchak, in a picketing dispute at the Diamond mine. The other cases foe the most part were of a minor nature with four involuntary manslaughter charges and a few burglaries.

SPELLMAN INVENTORY Kathryn K. Spellman, late of this city, left personal property of $12, 906 according to an Inventory filed yesterday with the register of wills. Her holdings were 'bank and coal stocks. Anna E. MeAndrew and W.

Herbert Davis were the appraisers. Eddie Minich's 8 Aces, Fleischer's, tonight. Adr your last chance Today at these new gray, tan and brown hose in neat new figures and stripes fresh from Wilson Brothers 54 colors and patterns sizes up to 12 light, medium or, heavy weight Christmas gifty at a special price for one day more, 69c! theroe, of Chicago, formerly of Scran ton; Or. Hollis I)ann, of New York City, and Prof. L.

Powell Evans, of Atlantic city, indicated in their adjudication that the Scranton chorus far the other two contenders. The Sheldon Choral society, of this city, led by John Lloyd Evans and the Plymouth Community chorus, of Ply ft.l4f. fiAnllniilAil h. Inii'ulli Ti LmI. lyn.

The test pieces were 'Lullaby of Life," by Lesley and "Worthy Is the Lamb" and "The Amen Chorus," both, by Handel. Dr. Dann delivered the adjudication for the board and in it pointed, out that the. winning chorus was a group of well trained singers. May Go Abroad As a result of the victory tonight, it Is almost certain that the Hyde Park society will compete in the National Eisteddfod of Wales either in 1929 at Liverpool or in 1930 at Llanelly.

Their decision to make the trip abroad will rest upon that of the winning male chorus tomorrow night. Prof. Bassett, in addition to conducting the Hyde Park singers to victory in a number of eisteddfodau in Scranton and its vicinity, also directed the Anthracite Male chorus of Scranton, when it took first prize in the second male chorus competition in Treorchy, Wales, last August. The chief mixed choral competition at Wales now is the only one of the great national institution not to have been, won by an American chorus. The Cleveland Orpheus has captured the first male honors, while the Scranton men took the other award this year.

Prothonotary George T. Williams Is chairman of the prize winning group. Other officers are: Morgan J. Reese, business manager; Miss Gladys Wilson, secretary and William Phillips, treasurer. J.

T. Richards Philadelphia, was the conductor of tonight's session, at the eisteddfod and Hugh Hughes, of Utica, N. editor of the Drych, Welsh American newspaper, was the chairman. mviur juveniles The Taylor Juvenile chorus, directed hv H. Warkins wnn first nrlze in the juvenile competition this afternoon.

The prize, $125, was received for the rendition of "The Night Bells," by Vincent, and "Ahoy Boatman." byGambarella. The Heights Juvenile, of Wilkes Barre, conducted by Mrs. Reese Meredith second prize, $50. Other chorus competing were the Scranton Juveniles, led by Prof. W.

Gurwen Davis and the Union Street School choir, of this city. The Hyde Park society, It was announced following the victory last night, will attend the Gymanfa Ganu In the Capitol Theater, Scranton, in a body Sunday and sing at both the afternoon and evening sessions. The affair will be in the nature of a celebration over their win and a welcome home to the victorious singers. ST. THOMAS VARSITY DEBATERS SELECTED Plan Engagement With Ca nisius College Team The annual' tournament of the St.

Thomas' College Debating society was heid this week with the following selections being made for the varsity team: Joseph Noone, Cyril Joyce and Walter R. Feeney, speakers, and William Mc Nulty, alternate. Mr. Fceney is president of the society. Judges of the competition were Rev.

Brother Leonard. Rev. Brother Doro thsus Lewis, Prof. Francis Fitzgerald, Prof. Harry Graham and Michael J.

Easen, 27. A busy program has been planned for the ensuing months by the debaters. Principal among the engagements will loe a return oeoate wun uanisius college to be held in Buffalo, N. some ime in January. Tne exact aate ana tn unmeet are not vet aenniie.

me Canisius men defeated the local col legians here last year in a tnorougniy interesting encounter. President Feeney stated it Is probable that another lnter collegiate debate will be arranged for the current' college year, though plans for this are very indefinite. A number of inter class contests also will take place at St. Thomas during the next few months. The first of these will be on Thursday morning, Dec.

6, when the freshman arts team will oppose the freshman science representatives. The subject to be argued it, "Resolved, That Too Much Stress Is Being Placed on College Athletics." CASEY WiLlTACE CONTEST OF VOTE Merritt to Charge Fraud in Luzerne County Special Th Republican WILKES BARRE, Nov. 9 With the official count underway In Luzerne county, important developments oc curred today when Attorney John Hes rel representing Henry Merritt, of Plains, Republican congressional can dldate, laid what li believed to be tentative grounds for a contest which threatens to carry the fight into the house of representatives at Washington. D. C.

Attorney Hessel, with Jesse Brlggs, one of Merritt campaign managers. appeared ueiore Juugei ruie, jvne ana KO ask Kg osek. sitting as court en banc, and asked permission of court to file a petl tomorrow cnnrging iraua, irreg Tl' irlty and misconduct of election urds IB to aistricts oi tne county. On the face of the open returns. Con gressman J.

Casey hag defeated Merritt by plurality of 3,771 votes. Dance tonight Hotel Jermyn. charge $1. at the Cover Adt. Lonierence At Westminster Is Next Thursday Dr.

Walker, Moderator of Presbyterian General Assembly to Speak PROGRAM ANNOUNCED Dr. Weber, of New York, Council Representative, Will Ore Talk DR. HUGH K. YVALKLK Dr. Hugh K.

Walker, of Los Angeles, moderator of the Presbyterian General Assembly, and a group of denominational leaders will attend a conference In Westminster Presbyterian church on Thursday, Nov. 15. The program for the conference Is as follows: 10 a. devotional service; 10:30 a. address by Moderator Walker; 11 a.

conference on the state of the church, to be addressed by Dr. Henry C. Weber, of New York, representing the Presbyterian General Council, and also by representatives of the Presbyterian boards and women's work; 12, noon, luncheon; 1:30 p. two sectional conferences, one for women and the other for men; 3 p. united conference, the first hour to be spent in a discussion of young people's problems, to be followed by a questionnaire conducted by Dr.

James H. Speer, promotional secretary of the Presbyterian General Council; 6:30 p. banquet for men and women, to be presided over by Rev. ePter K. Emmons, pastor of Westminster church.

The evening will conclude with a report of the findings committee and an address by the moderator. Native of Sooth Dr. Hugh Kelso Walker moderator, was born In Rogersville, Dec. 5, 1861, son of Joseph Rogers and Mary Ann Lynn Walker. He attended Sweetwater, college, was graduated from Auburn Theological Seminary the degree of D.

from the University of Georgia, and LL. from Occidental college, He was ordained to the Presbyterian mlnstry In 1884. His pastorates Included churches In Wilmington, Valatie, N. Marietta, Birmingham, Baltimore, Atlanta, and Long Beach, Calif. He has been pastor of the First Presbyterian church, Los Angeles, since Nov.

1, 1917. Previously he had been pastor of Immanuel Presbyterian church In Los Angeles, and during that ministry of four years, he Increased the membership of the congregation from 1,000 to 2,400. For years he has been president of the Anti Saloon League of Southern California, and also was president of the trustees of Occidental college, as well as director of San Francisco Theological seminary. He is trustee of National Christian Endeavor and member of Presbyterian General Assembly's Department of Church Co operation and Unlcn. He Is a Knight Templar.

Dr. Walker married Mta Lizzie Moore, of Dalton, In 1884. They have nine children. Dance tonight, Elks Club. Adv.

National Eisteddfod Wilkes Barre Round $1.00 Trip Take Laurel Line PROF. LUTHER BASSETT ARE FAVORED BY LARGE MAJORITY Tabulations in 162 Dis tricts Show Six to One Ratio for Amendment WATRES STILL GAINS Walsh Apparently Concedes Defeat as Official Count Continues Attorney Frank M. Walsh, Democratic candidate for congress, apparently has conceded the election to Congressman L. H. "Attorney Walsh yesterday and last night did not check his figures with the official count as district after district was tolled off for tabulation.

Returns in 210 districts were counted before adjournment at 9 30 o'clock last night. The count will be completed today and the tabulations made a matter of record in the 1928 elections. Congressman Watres' lead continued to rise with the returns showing the prohibition vote for congress being cast in his favor. His majority will be in the neighborhood of 1,500. The voting machine was favored, the totals of the official count in 62 of the 244 districts reveal, by a six to one ratio.

The tabulations show 18,658 for to 3,444 against this amendment which provides for the optional use of machines in counties. Early state returns indicate that the voting machine amendment has been carried. There Is but slight possibility of the county electorate defeating the use of the voting machines In this county. Evidence gained by the heavy voting on this amendment which figures exceeded any of the other fourteen proposals left to a referendum shows that a vital interest in the machines has been taken by Lackawanna county voters. The heavy vote polled in favor of its ratification practically, assures the use of the machines here.

Despite wide publicity and campaigns in behalf ot the other state amendment the official count show that the electorate practically ignored these proposals. Heavy votes were recorded on the Bonders' Memorial and the amendment which had for Its intent an $8,000,000 bond issue for new buildings at Penn State college. In the tabulation of 162 districts 7,260 voted for the memorial and 8,607 voters were against it. The Penn State bond Issue In 163 districts was favored by a three to one vote. The total vote in these districts was 16,527 for and 5,464 against.

Testimony Is Taken In Noone Will Case Testimony waa taken yesterday at a hearing before Judge M. F. Sando, of orphans' court, In the contest of the will of the late Bridget Noone, of North Scranton. The widower, Patrick E. Noone, was cut off In Mrs.

Noone's will. He contested the document averring he was entitled to one third of the estate. Children of Mrs. Noone claim that their father was not entitled to share in the estate charging that he failed to provide for his family during the lifetime of Mrs. Noone.

Following are the Noone children who are protesting against the father sharing In the estate: Mary Noone Ryan, Margaret Noone, Frank Noone, George Noone, James Noone and William Noone. VOTE MACH Thm SAXON Two Children Injured In Machine Accidents I If you're a bit fussy about your shoes if style comes first "Bostonians" have been that way for more than fifty years with comfort, long wear and low prices all crowding for first place better look into these great shoes $10, $8.50 as low as $7. Olyphant Boy Hurled From Car As It Crashes Into Pole West Side Girl Is Run Down' in South Scranton. Two children rere Injured In automobile accidents this city and Its vicinity yesterday. When the machine In which he was riding crashed into a pole on South Valley avenue.

Oln ant, kte yesterday afternoon, Joseph Collier, 11, of 812 South Valley avenue, that place, sustained lacerations of the head as he was thrown from the car. He was admitted to the Mid Valley hospital, where his condition last night was given as "fair." The driver of the machine, who is said to be a Dickson City resident, escaped Injury. Olyphant pollct Investigated. Run down by an automobile at Pitts ton avenue and Elm street at 8:20 o'clock last night, Stella Janowskl, 12, of 1209 Acker avenue, sustained brush burns of the body and also suffered from shock. She was given first aid treatment at the office of Dr.

R. L. Shinnberry and later treated at the State hospital. The child, according to South Scranton police, darted from behind a parked car into that being driven ly Anthony Oallagher, rf 642 North Sumner avenue. Sergeant James McOouldrlck and Patrolman Nick Hark Investigated, fk.