The Scranton Truth from Scranton, Pennsylvania • Page 5

EB DEWS 1 Lav r. or Tilt TWO DDuD ISSUES VilUD. i. Application For Injunction by the Tax payers1 Association Is Dismissed in Opinion Handed Down To day. CZITUADY.

MRS. A. CBOTLE. No death that occurred in North Scranton in recent year has created more profound regret than that of Mrs. Rosanna O'Boyle, the estimable wife of Prof.

Anthony F. O'Boyle. which occurred at the family residence, $09 William street, yesterday morning, at 10 o'clock. Mrs. O'Boyle was taken suddenly 111 Friday night.

Prior to that time she was in her usual good health. Dr. J. P. Stanton was summoned and exerted all possible efforts to rally Mrs.

O'Boyle and later Dr. McGreevy and Dr. O'Mal ley were called in consultation. Saturday her condition was very good, and there was a gradual decline, until yesterday morning, when she succumbed, surrounded by every member of her sorrowing family. Mrs.

O'Boyle was born in County Donegal, and has resided in North Scranton almost thirty four years, having emigrated here shortly after her marriage. A woman of admirable character and of retiring disposition, she was esteemed by a host of friends, who deeply mourn her death. 'She was prominent in church circles, being an active member of the societies of Holy Rosary Church. At the two masses in the morning prior to her death prayers were offered up by the congregation for her. The sympathy of all goes out to Professor O'Boyle and his family.

She is survived by her husband, three sons, Robert William Charles seven daughters, Mrs. Edward O'Mal ley, Cecilia, a postulant In the Order of the Immaculate Heart; Lucy, a teacher In the Scranton public schools; Kathleen, a recent graduate of St. Mary's Academy, and Frances, Clara and Anna, all students at that Institution. The funeral will take place from the family residence Tuesday morning. A solemn high mass of requiem will be celebrated in Holy Rosary Church.

Interment in Cathedral cemetery. It is the wish of the family that no flowers be sent. wealth a. Delaware Dtv. Cad Cow 12t Pa, 94.

it ta decided thattM frower of IVatlon. still Moiisteft' to the lesWatm wider the new eonsUtation. the selection at the subjects thereof, their classification, and the soetheda of collection to' be provided, are matters purely legislative. The power to classify being given, all that is then required by the constitution to that the taxes shall be uniform upon the members of a class, and it is the uiUformlty of taxation according to the classification made the matter to be determined by the court. Can the bonds be issued payable annually? "The act of 1901, as amended in the same year, (see P.

L. BSC, on page 594,) has the following provision: To provide for the issuing of bonds, and for the application of bond already issued, for the purpose of funding any and all indebtedness now exist ing or hereafter created, of the city, now due or to become due: Provided, That SJild bonds shall be payable in not less than five years and not more than thirty years from the date of thetr issue, and that the same shall bear interest at a rate not exceeding six per centum per annum, with Interest coupons attached, payable annually or semi annually, and the said bonds shall not ba sold or exchanged for Jess than their par value and accrued Interest "This provision undoubtedly refers to funding bonds, or bonds issued to take up or pay an existing indebtedness. The phrase "Indebtedness hereafter created" must be taken to mean that such indebtedness, if funded by the issue of bonds, is In the same class, and all such bonds shall be payable In not less than five nor more than thjrty years. It is conceded that the. bonds in question In the present case are not funding bonds.

They are issued for the purpose of providing money for Improvements yet to be made. hold, therefore, that the provision above quoted does not eauthorize the issuing of bonds payable annually. Where then do we find the authority for Issuing bonds payable annually? The only place It can be found Is in Article XI, Act of 1901, on page 31, relating to the "Sinking Fun Commission." which states that "whenever any new bonds shall be Issued by any of said cities, they shall be made payable in annual instalments, equal to the tax levied." It is difficult to escape the effect of the comprehensive and general character of this provision relating to the issue of "any new. bonds." Counsel for plaintiffs claims that the placing of this provision in the article pertaining to the Sinking Fun commission means that the 'new bonds' referred to are those bonds issued by the city to take up maturing bonds. 3 VnAarwraor UUUVIHVUl and Hosiery Eor Men, Women and Children.

The greatest line of wool on derwear shown. Styles that trait every fancy, sizes to fit every person, weights for all ALL WOOI. SILK AXt WOOL, LISLK THREAD, MERINO, AND ALL SILK, IN COMBINATION SUITS, SHTBW AND DRAWERS, AND VESTS AND PANTS. In all the leading makes. "STCTTGARTER" SANITARY, "WRIGHTS" HEALTH, "ROOT'S" TTIVOLL "DR.

DEIMEL'S" LINEN MESH, "THE SWAN BRAND" Swiss Ribbed. "MERODE," NORFOLK AND NEW BRCNSWTCK. And best of all, we know the prices will suit every purse. 5I0 5IJ' Lacka. Avenue.

Sporfsmon The hunting season is here and to have the best results you should use the best shells obtainable Peters Luadod Shells are unsurpassed and a trial will prove their merits. 126.128 130 132 Franklla Art Look! Look! To each purchaser of one pound of Grand Union Baking Powder we will give a gray enamel double coated SIX QUART STRAIGHT KETTLE AND COVER. See them In our window. Ask your agent to bring you one. GRAND UNION TEA CO.

311 Lackawanna Avenue. 116 and South Main Avenue. Almost every man owns a solitaire, and every woman should own at least one diamond ring if you have a wife or sweetheart who hasn't any, it's your bounden duty to get her one forthwith. It's a pretty poor man who cannot buy at least one girl one diamond ring. THERE IS NO OPPORTUNITY for others to make a profit on the diamonds I sell btffore they get to you.

They go straight to you from the polishing wheel, you get them at actual cost, plus one modest profit. I cut out the "in between profits" incident to high rents, etc. Diamonds still show an upward tendency. ar sure to advance twenty per cent, before holidays. I own such a great quantity (bought before the rise) that you may get the benefit of prices actually less than the largest wholesale dealers ask for them.

"Your money back without argument" if not satisfied. I give you a CERTIFICATE on all jou pay. The Habit" is a winner. Get it l'J 'U want to save money In buving Walfer W. Winton DIAMOND MERCHANT.

No. 605 ami 60G Mears Building. Baroness Overbeck is the first female Russian composer to attract attention in her own land. Her leading compositions have been performed In the leao ing theatres of St. Petersburg.

i3 I Heavy Bittenoender Co. CI Ferity Six fttsksttHis tossjta PR03ITIERT BUSINESS UAH. After a six weeks' fight for Ufa with typhoid fever. Michael J. Healey, of dunmore.

well known throughout the Valley, died at 1:15 o'clock yesterday afternoon. Mr. Healey was years' of age, and had been a resident of, Dunmore. since his childhood. His commanding physique made him a central figure on the streets, and by reason of his genial, companionable nature, he became familiar to thousands of people throughout this section of the State.

Ever ready to aid his fellow man, Mr. Healey was respected and loved, and his death will be deeply mourned. The deceased's career in life was begun as an employe of the Pennsylvania Coal Compares. While still av young man he entered the service of the late Patrick McCann, and acquired an excellent business training with him. Mr.

McCann was then the leading grocer in Hyde Park. In 1869 Mr. Healey formed a partnership with David Williamson and P. J. Horan, and a large store was opened in Dunmore.

Mr. Williamson withdrew from the firm, but the business continued with Horan Healey as partners, until a few years ago, when it was merged into the Union Cash Stores. In 1889 Mr. Healey and Mr. Horan entered into a partnership with T.

J. Kel ley in the wholesale commission business, the firm being known as T. J. Kelley Co. Mr.

Healey was also director of the People's Bank, and was largely Interested In th United States Lumber Company, the Consumers' Ice Company, the United States Zinc Company, the Lake Ariel Improvement Company, and various other enterprises. Mr. Healey was married In 1879 to Miss Jennie McAndrews, of Hawley, who was a sister of Rev. A. McAndrews, of Wilkes Barre; Captain J.

A. McAndrews, of the United States army, and Dr. P. H. McAndrews, of the United States army.

He is survived by the following children: Molly, Joseph, Angela and Regina, The funeral will be held Wednesday morning at 9:30 o'clock, when services will be in St. Mary's Church, Dun more, and interment will be made in the Dunmore Catholic cemetery, i' Scranton to Saint Louis "Via. 1. Lehigh Valley Route. Only 17.00 Scranton to Saint Louis and return.

Tickets on sale November 2, 9, 16 and 23, good returning within ten days. If you contemplate a trlpto Saint Louis, it Is certainly to your interest to consult D. H. agents as to the time of trains via. D.

H. Lehigh Valley, route, circutous routes and many stop over privileges. Oct.31 Nov.l 7 8 14 15 21 22 Who Delivers Tour Freight? Scranton Transfer Co. has the best equipment for freight hauling and general delivery in the city. Office never closed.

Both 'phones. 25tf $1.00 Allentown and Return $1.00. Via. New Jersey Central. Sunday, Nov.

13th. Consult agents by 'phone for particulars. 31tl2 JOTTINGS. Leg Crushed. Michael Kelly residing at 1412 Meylert avenue, and employed as a miner at the Pine Brook mines, was injured by a fall of roof this morning and is at the State hospital where it is feared that one of his legs is so badly crushed that amputation will be necessary.

Boycott Removed. The builders exchange and" the building trades are now at peace with one another for the lirst time in several years. This condition of affairs was accomplished by the Central Labor Union at its meeting yesterday through the removal the boycott placed some time ago on Gunster Forsyth. The builders' exchange threatened an open shot crusade unless this firm was declared air. Social To night A social and entertainment will be held this evening by the Tribe of Ben Hur in its rooms in the Guernsey building.

A pleasant evening is assured all who attend as an elaborate programme has been prepared. Annual Session. The Florence mission: will meet to morrow In annual session. The public is cordialJy invited to attend. 1 To Build Largef Chapel.

There Is a vacant lot at Taylor avenue and Gibson street and the St. Alban's mission under the auspices of St. Luke's church has purchased it to build thereon a larger chapel. The St. Alban's Mission is located at Prescott avenue and Vine street.

Picture of Col. Boies. A splendid likeness of the late Col. Henry Boies has been hung In the reception hall of the Y. M.

C. A. It is the gift of his widow and is a splendid work of art from the brush of Henry Turner, of New York. It represents trie Colonel in a sitting posture and pictures the characteristics so familiar with his real life. Will 01scrve Anniversary.

Several candidates of Scranton No. 137, Knights of the Mystic Chain, will receive the Esquire and Sir Knights de grees next Friday evening and on the evening of December 2 the castle will observe its seventeenth anniversary with a supper and entertainment. Two Celebrations There will be two celebrations of holy communion at 7 a. m. and 9 a.

respectively in St. Luke's church to morrow morning in observation of All Sainte' Day. All memorial flowers and plants should be sent to the church today. Meeting of Frlands At the Y. M.

C. A. last night Joseph S. Elkinton of the Twelfth and Arch Street Society of Friends, addressed a meeting of men. He took for his theme.

"Conforming Our Lives to the Principles and Doc trines of Christ," confining bis discourse mostly to the promises held forth by the Scriptures. He quoted exr tensively from the Bible and was closely followed by his listeners who enjoyed his address. Complimentary Concert. At the Orpheum tonight the Scranton Ora torio society will give a complimentary concert commencing at 8 o'clock. AM the selections that were sung at the World's Fair which gained for them the $5,000 prize, will be rendered.

A feature of the evening will be the presentation of testimonials to the director and the winning chorus. 1: Attractive Prices Invariaila Excellence of Quality. Exact Fit. Distinctive styles In Cfcildiwni' Clothing AT THE BABY BAZAAR, 1 1 8 Washington Ave. A Goodly Savings Account at this bank may prove a welcome friend in time of need.

TOE PEOPLES BANK. TteScMjnojiTtoim 12 PAGES. MONDAY, OCTOBER 81, 190. TO SUBSCRIBERS In case of any irregularity In the delivery of The Truth subscribers win greatly oblige us by reporting the same promptly to the business office. Old 'phone, 199 new 'phone, 2856.

THE TRUTH'S 'PHONE CALLS. Old 'Phone. B.slness Office 199 3 Ne.rs Koom West Scranton omce New 'Phone. Bnsinss Ofl ce Editor's Boom News Boom .2856 829 .2846 THOSE WHO RENT SHAU REPEHT. After the surging swell In rents which the scarcity of houses will raise next Spring.

Save yourself by erecting your own home. In Green Ridge Terrace, adjoining wi i Ladies, lots are selling for $350, $500 and upward. One in fifteen buyers on Nov. 10 will receive his lot for nothing and his money back. Office on the grounds.

Take the O. R. Sub. cars. 29t2 OLYPHANT.

Announcement has been made of the marriage of Miss Charity, daughter of Mr. and Mrs. Martin Crlppen, of Gravity street, to William Widdowfleld. of Blakely, at the home of the bride on Wednesday. Nov.

16. Mrs. Brown, of Boston, state commander of the Maccabees, attended a ni a 11 T7. I meeting oi iuc uijimaut day evening. Master Joseph Handley, of South Scranton, is visiting his sister, Mrs.

Charles O'Boyle, of South Scranton. AU public schools in the borough are closed this week on account of the teachers attending the Teachers' Coun 'ty Institute. Mrs. James Brown and daughter, Mrs. Edward Adleman, have returned from a visit to Albany and Now York City.

Word was received from the Mercy Hospital, Wilkes Barre, that the condition of John was hurt in that city last week, Is greatly im provea. Miss Mary McNulty, of Upper Dun more street, has accepted a position as stenographer in Scranton. visiting Miss Mollie Gallagher. $1.00 ALLENTOWN EXCLUSION. On Sunday, Nov.

13, the New Jersey. Central will run a popular excursion to Allentown via special train, leaving Scranton at 7:30 a. returning train will leave Allentown at 7:00 p. m. The mountains and valleys are resplendent in their autumn garb, and never were the sights more enchanting.

Allentown is the right place for an outing, and Sunday, Nov. 13, the right time. 31U2 LOTS FOR $350, $500, ETC. In Green Ridge Terrace, adjoining Mt. St.

Mary's Seminary. One out of each fifteen purchasers will, on November 10, receive his lot for nothing and his money back. Take the G. R. Sub.

cars. Office on the grounds. 29t2 DR. G. E.

HILL SOX. At home reliable. lltf What You Want in case of loss of employment, sickness, is s. handful' of ready money; but you will never have it if you try to keep it in your hands all the time. The only sure way is to put it in our hands until you need it and we will pay you for the privilege of caring for it, Scranton Saving Bank, Open Saturday evenings from 7 to 3.

Judge H. M. Edwards handed down an opinion this morning in the Injunction suit brought by the Taxpayers' Association against the eity of Scranton to prevent the Issue of $138,000 worth of bonds. The court decides against the plaintiffs and places the costs upon them. In his opinion.

Judge Edwards reviews the facts in the case, which were undisputed, and he goes into the law extensively. Of the amount of bonds authorised, $38,000 is for the construction of a sewer, and $100,000 Is intended for the erection of police and fire headquarters, and a fire alarm system. The Taxpayers' Association protested on the ground that the Issue of bonds would exceed the constitutional indebtedness of the city, allowed without a vote of the citizens. In addition to this, they advanced other minor technical reasons. After the validity of the bond ordinance was.

attacked last summer, the bonds were sold to E. H. Norton of Wall street. New York, which firm offered the best of several excellent bids presented. They have awaited the opinion of the court before taking the bonds.

City Solicitor David J. Davis put up the fight for the city, and Attorney George M. Watson conducted the plaintiff's case. Joseph J. Jermyn, president of the Taxpayers' Association, in whose name the suit was brought, was in Jermyn Sc No.

1 mine in Rendham this morning when a Truth reporter called up his office to Inform him of the decision and to ask whether the association intended to take the case to a higher court. Mr. Jermyn spoke through the 'phone and stated that it was not likely that the case would go farther, but he could not say definitely until he had seen the opinion and had the matter considered by the association. Judge Edwards' decision follows: "The city of Scranton on August 10, 1904, passed two ordinances, one authorizing the issue of bonds in the sum of $38,000 for the purpose of paying the amount assessed against the city for the construction of certain sewers, and the other authorizing the issue of bonds in the sum of $100,000 to provide for the construction of a building to be used as police and fire headquarters and for other purposes designated in the ordinance. Both ordinances provide for the creation of a sinking fund for the redemption of the bonds as required by law.

Thereupon the city proceeded to print the bonds and to advertise for bids for the purchase of the same. "The plaintiffs, claiming that the said bond issues were not authorized under the law, filed their bill of complaint in the present case, and they now pray for an injunction to restrain the city authorities from exacting and delivering the bonds specified in the ordinances aforementioned. "There are no facts in dispute. Counsel on both sides agree that ths case shall be heard and finally disposed of on bill and answer, the only questions raised being matters of law. "The said issues of bonds are attacked on four grounds, which, In brief, are as follows: "1.

They are contrary to the provisions of the first section of the act of 1895, P. L. 13, providing that there shill be no increase in the interest bearing indebtedness of a city of the second class without a vote of the electors. "2. The ordinances authorizing the issue of the bonds do not provide for the semi annual Interest falling due January 1, 1905.

"3. The provisions In said ordinance levying three different rates on the three several classifications of real estate as returned by the city assessors are in conflict with sections' one and ten, ar i tide 9, of the constitution. "4. The bond issues offend against the provisions of paragraph six, in section three, article nineteen of the act of March 7, 1901, P. L.

20, as amended by the act of June 20, 1901. P. L. B86. "The foregoing grounds of attack are not, in the exact order in which they are found in plaintiff's bill; but they are given by me in the order In which I Intend to discuss them.

"1. The act of 1S95, Section 1, P. L. 13. 'Section one of this act of assembly amends section twenty four of the act of 1887, P.

L. 395. The latter section is as follows: 'Any increase of the interest bearing bonded indebtedness of cities of the second class is hereby prohibited, unless the same shall be approved by an affirmative vote of the majority of the qualified electors vot good news for the coffee wreck POSTUM There's a Reason, Get the famous little book," "The Road to Wellville." in each package. THE One Surpassing Quality of Steg'maier's Beer Is that It Is ABSOLUTELY PURE. One bottle of its will do more to convert those who don't know than any argument of talk of print Order a case sent home today.

Price, 50c. per dozen. 1 STE6MAIER BREWING CO. 7 SCKAXTOX, PA. New 'Phone 1633.

ing thereat at an election provided for by ordinance of "The legislature of 1895, having unusual regard for correct grammatical expression, by. amendment changed one word In the section quoted, using 'thereon' instead of thereat' This was the only change made by the amendment. The change was Unnecessary, because no court, in construing this section, would permit the error of using one word instead of the other to defeat the plain meaning of the legislative enactment The fourth section of the schedule contained In the act of March 7, 1901, P. L. 20, specifically repeals the whole of the act of 1S87, excepting sections one and two, thus wiping out section twenty four above quoted.

Counsel for plaintiffs argues that the act of 1895 (section one) Is still In force, and that, therefore, no city of the secend class can increase its bonded indebtedness In any amount without a vote of the people. We can hardly think that counsel is serious In maintaining this contention. It appears very clear that the only effect of the amendment in the act of 1895, section one, was to read into the twenty fourth section of the act of 1887 the word "thereon," instead of "thereat" I this particular Instance the latter sectlod falls with the repeal of the former. We also call attention to paragraph five, section three, article nineteen, of the act of 190L relating to the corporate powers of cities of the second class. The paragraph reads thus: 'To borrow money on the credit of the city, and to pledge the credit and revenue thereof for the payment of the same, to an amount not exceeding two per centum upon the assessed value of the taxable property In said city, and with the consent of the people of the said city, obtained at an election held under the provisions of the' Constitution and the general laws of this Commonwealth, to increase the indebtedness of such city to an amount not exceeding, in the aggregate, seven per centum upon the assessed valuation of the taxable property "In view of the power expressly given by this paragraph to cities of the second class to pledge the credit of the city up to two per cent, of the assessed valuation without a vote of the people, what becomes of section one1 of the act of 1895 Both provisions cannot stand.

They are absolutely irreconcilable. One or the other must give way, and, ac cording to a well understood rule of construction, the later enactment must prevail. We need not enlarge on this point "2. THE PAYMENT OF THE INTER EST FALLING DUE JANUARY 1, 1905. "It is claimed that there is no provision for the payment of the interest which falls due on January 1, 1905.

Section eight of the ordinance levies a tax for the year 1905 and every year thereafter to pay the bonds and Interest. Counsel for plaintiffs says that the taxes, as a matter of fact, are not collected until. late in the year and that there will be no money in the treasury to pay the first semi annual instalment of interest. This is undoubtedly true; but it Is equally true that the city has many lawful ways of providing money for temporary purposes. The main question is: Has the city done what the law requires it to do in making provisions for the payment of the bonds and interest? Has it made a levy sufficient for the purpose? "The eighth section of the ordinance answers these questions affirmatively.

The ordinance has1 been carefully drawn and meets the requirements of the law in such cases. But the city is not so helpless in this matter as counsel would have us believe. The inter est even for the whole of the year 1905 may be paid out of the premium bid on the sale of the bonds. We know of no reason why this cannot be done. The amendment to the answer, filed by agreement, shows that the total premiums exceed one year's interest.

Regardless of the particular source from which the city may draw the money to pay the first semi annual interest, it is a sufficient answer to plaintiffs' contention on this point that the city has made all the provisions demanded by law for the payment of all the bonds and Interest. It couffl do no more. We consider this objection as highly technical. "3. WANT OF UNIFORMITY IN THE RATE OF LEVY.

"This objection is of more substantial character than those we have al ready discussed. The constitution, provides that all taxes shall.be uniform on the same class of sublects within the territorial limit. of the authority levying the tax. Counsel for plaintiffs admits the right of the legislature to classify real estate for purposes of tax action, but denies the right of a municipality to levy a different rate on each class of property. In other words, he admits the principle but denies the propriety of applying it so as to produce practical results Unless there is a different rate of levy on the several classes of why should properties be classified at all? "The point of the objection, as we understand it, is that one man pays more than another on the same valuation.

In the present case, for instance, the ordinance levies .142 of one mill on each dollar of valuation on first class property, .0946 on second class property, and .071 on third class property. All properties in cities of the second class being assessed at their actual value the result is that three men, each owning property worth, ay five thousand dollars, the properties being In each of the several classes, do not pay the same amount of tax on the same valuation. "This is undoubtedly true and such is the resv'fc of the practical operation of the rule. I But, unless some such result is secHed It is apparent that the classification of real estate for purposes of taxation is If all properties are assessed at their actual value, and if the same rate should be levied on all properties, why not include all properties in one class? It. is too late in the day In Pennsylvania to question the power of the legislature to classify subjects of taxation ton broad Jiues and within certain limitations.

"The reasons for such classification, based upon imperious are so numerous, and hve been sq frequently discussef by the Jiigher courts that It is use' ..8 to refer to them now. We shall cite only ona case to show that the question before US is definitely and authoritatively settled. In Common Hotel Rader, formerly Walsh's, Washington cor. Phelps St. E.

M. Rader, Prop. Best 25c. meal In city. Bar supplied with best ales, wines, liquors and cigars.

Hot lunch served dally. Pool room attached. 31tl Vo Want Your Business IN Boys' Clothing If," High Grade Clothing. Correct Fitting Clothing. All Clothing.

Perfect Style Clothing. Selling at the lowest cash prices is any inducement we will sell you your suit $11.98 Will do Wonders Here. FULTON ft BRADBURY Fire Insurance 601 Connell Scranton. EOTU 'PHONES. EVEN IF You had a JECK As long as this fellow and had.

SORE THROAT Tonsiline WOULD QUICKLY CURE IT. 1 lit the greatest tLrot rciacdy on ti th. TonaUine cures 8oreThroaUotn.lt hind vory quichly, intii a positive, uever failinjan4cpcedr euro for Sore Mouth, IioarwnvBf cud Quinsy. A small bottle of Tonvhne laats longer than meat any caso of SORE TCIKOAT. 1i and uO ccnU at nil druirclntii.

THE Tr.VMT.iy'B n. CANTOS. OlilO. Your Husband's Business Requires a Bell Tel phone. Your homi work does also.

THE PENNSYLVANIA. TELEPHONE COMPANY 117 ADAMS ATENUK. I MM 1(1 1 ALL I "llBl WAY I DOWN eWod not know what might have been in the mind of the person who drafted Aritcle XI, but we do know that we must give effect to the lan guage usetl. The language is so plain and unambiguous that we cannot change it by any method of Jnterpreta that the provision belongs logically to tlon. We think the criticism is proper some other part of the act of 1901, but we must take this act of assembly as we find it and give it such a construction that the whole may stand, if possible.

If it was the intention of the legislature to say that any new bonds Issued by cities of the second class should be payable annually when Issued for the purpose of taking up or funding maturing bonds, it should have said so. We have scanned every word and line of Article XI and can find no such Intention expressed. "Combining the two provisions In the act of 1901 in relation to ten issue of bonds, we read them thus: "Whenever any new bonds shall be issued by any of said cities, they shall be made payable In annual instalments, but bonds issued for the purpose of funding any an! all indebtedness now existing or hereafter created shall be payable In not less than five years nor more than thirty years." "This, in our opinion, is the present state of legislation relating to the issue of bonds by cities of the second class. Bonds top rovide means for contemplated improvements or for the creation of a new indebtedness are payable an naully; funding bonds are payable in from five to thirty years. "It Is conceded in this case that the ordinances were regularly adopted.

"Now, October 31, 1904, this case having been heard on bill and answer, and having been argued by counsel, it is adjudged and decreed that the plaintiffs' bill be dlsmisesd at their cost. "By the court. M. EDWARDS, P. THOSE WHO ARE i WITHOUT A HOME.

When you hear the word homet" what memories does it call up? A rented house? Not much! It suggests a fixed habitation, not the nomadic life of a tenant. Get a fixed habitation. Home sites in Green Ridge Terrace are selling for $350, $500, etc. One in la buyers, on Nov. 10, gets his lot free and his money back.

Office on the grounds. G. Sub. cars. 9t2 $1.00 Allentown and Return $1.00.

Sunday, Nov. special fast trains leaves Scranton 7:30 a. m. Don't miss it. Good fast service via.

New Jersey Central. 31tl2 Landlords' Philanthropists. Some landlords are philanthropists; but, then again, there are others i'ho make money out of the rent they receive. If the tenants of these latter would pay that rent to themselves, that is on their own property, they would soon own their own homes. Lots are selling from $330 to $500 and upward at Green Ridge Terrace, adjoining the new Ladies' Seminary of Mt.

St. Mary. G. R. cars; office on the grounds.

29t2 25 Per Cent. Reduction on all Cut Glass in stock. FORTY BLUE STAMPS on first Dollar's purchase. R. M.

VAIL. Truth. R. M. VAIL, Jeweler and Optician.

401 Spruce St..