... Saturday; peg 19, i$3- THE . WILKES-BARRE RECORD , . SATURDAY, DEC. 191903. 17- , SOME COURT; OPINIONS. Water Company May Raise RatesOptnfon in ' : Maffe? Coafi Lease Case. la an opinion handed down by Judge Lynch yesterday 4 water company -chartered under the provision of the constitution of 1874 has the right to raise lta .water rates. The opinion was occasioned by ,the milt of the borough of White Haven and S. W. Trimmer and , George . ,W. Moyer, taxpayers, against . the. , White Haven Water Co: The water company was chartered under the act of 1S65, which was a special act and provided that the company should not charge more than $10 per family per year. When the new con? etltuilon was adopted in 1874 the company surrendered the charter secured under the special act and took advantage of the provisions of the new constitution. , in which there was no re-structlon as to the price that could be charged. , The plaintiffs contended that the company was bound to live up to the provisions of the special act of 1&65, Judge Lynch, however, rules otherwise. His opinion is as follows: . "The defendant was incorporated by a special act of assembly, approved i'Ttli February, 1865, p. 203, for the purpose of establishing a water company In or near the borough of White Haven, to be organised, mahuged and governed as provided by act of Uth of March. 1857, 'frovldea that the said company shall not charge any private family more than 10 per annum for water, or the use thereof.' "The third section made lawful for the borough council to contract with the company for the use of water for public purposes, and .the fourth section provides; That the company shall purchase from the burgess and town council of the borough all the water property and improvements at such price as shall be set upon the same by three disinterested persons, and the municipality Is authorized to sell this property: ' The company was given additional power to collect water rents for those not using the water of the oompanr by suDDlement of 10th Mav. 1871, p. 687, and It has accepted the --provisions of the act of April 29, 1874, K L. 73, 'and Its supplements." . "Since accepting the provisions of Ihls net It litis Increased Its yrarly charges for water used by private ramiiies in excess of 110 per year. De rendant concedes this 4ias been done. "The borough of White Haven Is . Biocsnoiaer in tne water comDanv . Defendant contends the new rates, In view of contemplated necessary Im provements and additional expenses are reasonable and that she has a legal and equitable right to enforce the payment of the bills." . After quoting the case of Schroeder vs. Gas & Water Co. from the Super mm-ve-ttrt, Juage feyncti says: "The defendant adopts the first ten requests of the plaintiffs for Its own as to the facts. These requests are tnereiore anlrmed. "The eleventh and twelfth requests of plaintiffs for finding of fact are sub- r manually correct, but are not ma tertal or pertinent In this investlga lion. . "The thirteenth request Is denied. decline to affirm the fourteenth re quest. The estimates made by the de- '4 renaant are based upon past exper sf nee ana reasonable business fore ,;, Sight. r: ;ft As I understand the law, I am not . at liberty to Investigate the alleged -excessive distribution of -dividends' set oat In the fifteenth request.- 1 de cline to affirm the sixteenth request The seventeenth request is answered In the negative. Under its charter the water company has the power to erect ' purchase and conduct water works at White Haven. Since 1865, by virtue of its charter, and that under the act of 1874, it has been doing the business for wnicn n was organized. . "It was not a vital necessity In or der to conduct business that It should have to purchase the watef . works from the borough.- This bill does not directly attack the validity of that : sale. It is In sub&tance. a bill to re strain defendant from Increasing Its. rates for water furnished under- Its charter. . Therefore we are of opinion that, in-th is - proceeding,-the seven - - teenth request for finding of act Is not material and cannot be sustained, al though good In law if warranted by tne issue, , "As to the plaintiff's requests for con elusions of law the first, second, third . , and tlfth requests are refused. if "The' fourth is perhaps valid, but here there are no contract obligations to third persons or to the borough of White Haven and Its Inhabitants in- y volved. This, as I understand the re- ,i- the proviso in the original act limiting tne charge ror water, is still in force, I therefore decline to affirm It. :: "I affirm all of the defendant's re quests for findings of fact, and of law, OPINION IN MAFFET CASE. . : Judge iyncn also nandea down an opinion yesterday in the case of John - W: Peale against the Wllllank B. Maf- fet estate. The suit was brought to compel the Maltet heits to. live up to the terms of an alleged contract made on Nov; 4, 1901. The plaintiff alleged that the defendants agreed to . lease , him the Hadlelgh ' colliery, Vug&r Notch, better known as the Mallet colliery, there' being in addition to the breaker 168 acres of coal land. The defendants' . mentioned in the case were William Lathrop, administrator, and Anna M. Maffet. The plaintiff alleged that the defendants agreed to lease the property In the office of attorney Sidney R. Miner, the lease to go Into effect-as soon as the termination of the lease of the Crescent Coal Mining jCo. Judge Lynch decided in favor of the defendants, saying: i" "it appears that at the meeting on f Nov, 4, J901, in the office of Mr: Miner, there were present Mi; Xathrop. Mrs. Maffet, the two Peales and 'Mr. Miner. Mvho had, as lawyer, more or less to do with these transactions. Mr. Lath-" Top denies that there or elsewhere he closed the bargain, and Mr. Miner and Mrs. Maffet says in their hearing no such agreement was - made. These witnesses were all concerned nv'the affair, all active, vigilant people of good credit, and It Is therefore extremely probable had the bargain been - closed they would have known of tt. 1 "In these circumstances 1 am forced to the conclusion that there exists no ;. contract to enforce or perform All of the requests of defendants for 'findings of fact and conclusions of law are affirmed' , . , DECISION , i AGAINST MINER'S v- MILLS. The case of Ruddy againet Miner's Mills Borough was yesterday decided by an opinion of Judge Lynch In favor of the plaintiff. The action was the result of the change of grade of Mock street In that borough, the Ruddy - property being -damaged Viewer to asaeea-amaitea-were'appoTniedrin 1894 and they placed the damages to - the property at 81,000. -Exception to the ( findings or tne viewers were filed,-but ft they were dismissed. Later the bor- ough asked' isermlsnlon , to file addi- ttont-xcptlon& This -rule- is denied by Judge Lyrch In the following opln- A Ion:' J. "Mr. J. B. Woodward, Mr. Frank P. i , Slattery and Mr. E. V. Jackson, vlew-f cm. lnwtrm of irnml ntSTullna- at thl hnr. returned that they met upon the Ruddy premises ISth June. 1894, and viewed Mock street and the property 1 of Ruddy -affected by the change of grade of said street,, and for which he claims -damages. After viewing the street and premises they adjourned to meet July' 9, 1894, at 10 o'clock a. m. Notice to all interested parties was given. "At the time and place set, after hearing the allegations of all parties interested and their, witnesses, the viewers determined the damages to the Ruddy property to be $1,000. This report and plan was filed by order of the court 28th July. 1894. On 27th August, 1894, O. 8. Burgen, burgess of said borough, filed an exception to the report that the damages allowed Ruddy are excessive and on the same day appeal was taken by the burgess and president of council to the Common Pleas, No. 111. June term. J894. "The court being of opinion that the proceeding was under the act of 24th May, 1878, p. 129. dismissed the exceptions filed to the report of viewers, but having discovered this was not so, on the 28th October, 1902, granted a rehearing and on April 8, 1903 (the rule for a rehearing having been made absolute), the court , dismissed a rule for leave to file additional exceptions to the report. "That last adjudication was made after due consideration and must stand. Whatever right the borough had to file exceptions not- fatal to the proceeding was waived by Its appeal and laches of eight years. , "Now. Dec. 18. 1903, after reargu-ment. It Is ordered that the borough Is not allowed to file additional exceptions, and the rule to file additional reasons Is dismissed." . COL WALLER HERE. MAN WHO (WAS PROMINENT IN . THE PHILIPPINE CAMPAIGN. Lieut. Col. L. J. Waller, whose tirll-f imui. tuicrr in me rmuppines, una j especially the ; prominence which he ; gained In the execution of the famous Kin ana burn" order or Gen. smith, was In .Scranton on Thursday directing an inquiry Into,, the doings of a sergeant. ol. Waller' was In Scranton only ft short time and went ' to Wllkes-Barre to attend- to some official business. - Last Thanksgiving day, ao the story goes, the -officer entertained In a royal manner at the recruiting station, and , so Jolly were the guests assembled . there that some of the other tenants of the block made objections. Soon 1 after this Incident the officer was call- ! ed.to Philadelphia, and It was aald that he had ..been assigned to an Important commission on board the battleship Iowa: It is stated as a fact. however, that. Devlin was detained at Philadelphia pending the Investigation of his conduct. A number of witnesses were examined, Scranton Republican, - . , )m$y 1 - - - v Compare Our Prices In many cases you can select two presents for what one win cost you else where. This is no idle boast; come and see for yourself. Wtlkes-Barre's Greatest and Best Holiday Store Santa Glaus' The Great Mammoth Supply House Holiday Rush is On Never before were we so busy. There's greater enthusiasm here every day. This great holiday bazaar becomes busier and busier a'; Christmas day draws nearer. Thousands and thousands of beautiful gift things are here. You Never Before Could Shop So Economically at Holiday Time LIGHT COURT CALENDAR. OPTLY ONE CASE HEARD YESTERDAY OTHER CASES THAT WERE CONSIDERED. In court room No. 1 yesterday the case of McQrbarty against the Lehigh Valley Coal Co., which was begun on Wednesday', continued to occupy the attention of bench and Jury all day. and when court adjourned the end had not yet been reached. There was no court in No. i room, the calendar being cleared on Thursday afternoon. Other cases on the list were disposed of as follows: Settled and off list L. P. Knlffen vs. Clara Kishpaugh. Continued to February term T. D. and Bridget Butler vs. the Lehigh Valley R. R. Co. Continued W. L. Douglas vs. the borough of Dorranceton; Elisabeth Hmollnkl vs. Singer Manufacturing Co.; Alice Byron and others vs. the Wllkes-Barre & Wyoming Valley. rraction uo. UNION VETERAN LEGION. The Union Veteran Legion's new offi cers are as .follows: Colonel. G. L. Baldwin; lieutenant colonel. Israel P. Long; major, William Beeles; chaplain, M. S. Harding; quartermaster, Herman Cohen; adjutant. George E. Josiln; of ficer of the day. Frank Hawrecht; offi cer of the guard, Charles H. Rhenard; surgeon. William B. Crocaer; trustees, E. W. Marple, S. R. Rhodesj Charles Rrum. MARRIED IN EINGHAMT0N.' Mls Carolyn S. Schmtdt'and F. B. Crowther, popular young people of this city, were quietly married at Bingham-ton. N. Y.. a short time ago. The bride la a nl(?ce of Adam Turkes. She was employed In Joseph S. Coone & Co.'s department store. 1 Don't Delay Make your se lections now and avoid the great rush next week. 1 . . IN ORPHANS' COURT. MANY MATTERS DISPOSED OF BEFORE JUDGE FREAS YESTERDAY DURING A BRIEF SESSION. During a short session of the orphans' court yesterday, -- at which Judge Freas presided, matters were disposed with reference to the following estates: Frank Neils: Private sale of real estate authorized; same day deed acknowledged. ' Emily Jones: Order of court made May 28 is-revoked. Charlotte O'Malley: M. N. Donnelly appointed guardian of Catherine, John, Mary and Edward O'Malley. John Noonan: Account confirmed absolutely and guardian of James Noonan discharged. Mary Queenly: Rule granted to show cause why attachment shall not Issue against . administrator Is made returnable to Jan. 11. Balzer Kisthardt: Rule for petition, returnable Jan. 18. Catherine Fowler: Sale of real estate authorized; returnable first day of February term. Charles and Walter Branch: "Private sale of real, estate authorized. Christopher Weetneld: Citation awarded; returnable Jan. 11, 1904. Catherine E. McQueen: Report of audit confirmed nisi. Emily Origins Report of commis sion In partition confirmed absolutely. Marlon Hufnagle, Nancy walker. Louisa Welsh, Jonathan Roberta. Han nah Brlggs, A. Clark Austin, Frances W. McKeon, Charles Hill, Margaret Owens, Sarah Margaret Mangle, Christian Morsch, Hiram Rhoads, Sarah Youngcourt, Conrad Hock, Peter Schmidt. Charles P. Campbell, Mary F. Pfouts, John P. Bulford, Emanuel Krothe. William P. Maffet, Anna M. Hughes: Administrator's account confirmed absolutely. Francis W. Cooper: Guardian s ac count confirmed absolutely. Augustus S. Van Wlckle: Executor and trustees confirmed absolutely. Louisa B. Eno. Edward Billhelmer, William A. Hough, Sarah Blanchard, Stephen Kelley, E. B. Yordy, Rebecca j3iocn, jonn waisn, a- John C. WHHaimi- Maggie Boyle, Elizabeth Malone, Charles Rellley, R. E. Wallace, Domlnlck McAndrew, Floyd Williams: Report of audit con firmed absolutely. Peter Walsh. George Harlos, Kdwara A. Toole: Return of sale of real estate confirmed absolutely. Look attheBrand ! Walter Bakers Cocoa and Chocolate 1 lMwtilL The FINEST In the World v Costs Less than One Cent a Cup Forty! Highest Awards In Europe and -America ' Walter Baker&Go.Ltd. Established 1780 Dorchester, Mass. Dolh Our immense showiner of Dolls baffles description. Dolls from ic to $10.00. . Every doll perfect. The pret tiest and cheapest dolls in the city. Large patent dolls .10c 50 styles of dressed dolls, pretty dresses, bisque heads 25c Little Beauty dressed dolls. long curls, handsome dresses, 25 styles 49c Fine kid body dolls .25c Imperial kid body dolls, long tlowmg curls, extra fine. . .49c Fine jointed dolls. .25c PLENTY OF LUMBER. The fact that the supply of lumber In the North Mountain district has not by any . means been exhausted, and that there are still quantities of it in tne fastnesses of - the forests of that re gion, is demonstrated almost dally by the Blootnsburg Sullivan R. R. Co. bringing down cars loaded with thft manufactured product. ' moomsDurg Press. CUOSOPHJC SOCIETY. At a meeting of the Cllosophtc So ciety of the Wllkes-Barre high school on Friday afternoon the following pro gram was given: Tain, t: weins; Book Revlewr R. Wallace; recitation, V. Bell: essay. Ritchie. The debate which waa to be held was postponed until Jan. 20, 1904. HAVE YOU SEEK? ' v The New Edition of the FAMOUS STODDARD - LECTURES - offrred here for a SflbtT Timi ' Only by our Salesmen at - WHOLESALE RATES Batch Bros. Co.. Boston i i I,, - CATARRH IS CURABLE. W. D. White & Co, Guarantee to Cure Worst Cases or Will Refund Money. Hyomel has made so many cures of cnronlc and deep-seated cases of catarrh, that it ' is to-day recognized as a specific for this disease. It cures by a new principle, impregnating the air you breathe with healing balsams, and not by pills, drugs or stomach dosing. People who have suffered with catarrh since childhood have been cured completely by this scientific remedy. The Hyomei outfit costs but $1.00 and consists of a neat inhaler that can be parried In the vest pocket a medicine dropper and a bottle of Hyomel.' Extra bottles of Hyomel can be obtained for 50c. .It is the most economical of all remedies and is the only one that i8 based upon Nature's method of curing-diseases of the respiratory organs. W. D. White & Co. have seen such remarkable results following the use of Hyomel that they extend an invitation to the worst cases of catarrh in Wllkes-Barre and vicinity to call at their store and obtain a Hyomel outfit with-the distinct understanding that it will be absolutely free unless it effects a cure. This remarkable and unusual offer la the strongest proof that can be given of Hyomei's power to cure-catarrh. IR.19,24 - E(eatinds Cash or Credit House Children's Coats Graceful, comfortable, Stylish, on our Liberal Credit Plan. ; New style Rain Coats for women and misses' tailor -made ' Suits, Silk Waists, Capes, Jackets and Furs. yeekly or , monthly payments takea Men s,' Youiiis' and Boys' Suits ! and Overcoats on our easy 'pay ment plan. -'--- T Celluloid dolls, can be wash ed and bathed, ioc to $2.98 Fine Kestner Dolls, 25c to $4.98 Everything for Dollie Doll Cradles.. :. ioc White Enameled Bureaus. . .59c Dolls, Rockers, Chairs, Tables ioc Fine Doll Houses 98c Dolls' Wash Sets ...19c Dolls' Shoes, Hats, Caps. ,PJKJ1 White enamel- rt&&M mattresses, at fj3pS- 25c, 49c, 98c, Doll Carriages, 25c to $6.98 Doll Go-Carts ... .25c to $7.50 Fine China Glassware Bric-a-Brac, beautiful China ware from Europe and America's best factories. You will find that money savings are linked with a great assortment from which to make your choice. Fine China Jups, Ash Trays, Mustard Cups, Fancy Figures, Fancy Plates; China and Gold Ornaments, worth 15c and 25c, at: ioc Fine China. Match Safes, Bon Bons, Trays, Salads, Cake Dishes. Bisque Figures 25c German and French China Salad Dishes, 49c, 75c, 98c. Burnt Leather Goods Pen Wipers, Book Marks, Match Boxes, Cigarette Cases, Desk Blotters, Purses, Shaving Pads ioc Jardiniers Beautiful Jardiniers, ioc to $5.00 China Celery Trays, 49c and 98c Regular 50c Niema Vases... 15c Hand painted Bureau Sets, 98c Fancy Wrine Sets 75c Imported Glass Water Sets $1.29 Fine Grina Berry Sets, 98c, $1.25, $1.98. Fine Decorated Toilet Sets, $2.49, $2.98. $3.49. &i.q8." Fine American Porcelain Dinner Sets, dainty pink and blue floral decorations, loo pieces $8.98 Fine Carlsbad China Dinner Set . . . . . ....$9.50 Special fine German China Cups and Saucers, regular " " . 25c goods, special at . .... ioc n 15 Per Gent. Off Every Lamp This Week Elegant opportunity to purchase a useful and ornamental Xmas gift at a great saving. 2,000 lamps to select from. Parlor Lamps, decorated lamp globe . -.. .. 89c Fine Parlor Lamps, beautifully decorated , $1.49 Ruby Parlor Lamps, globe to match , .$2.29 Fine hand decorated Parlor Lamps, best centre draft burners, $2.98 Regular $5.00 and $5.50 Lamps, this week $3.98 Odd Globes, handsomely decorated. 39c, 49c, 79c, 98c. Pi rf 1 1 r C Popular pictures at popular prices. A lL-LLlI Cj -Prices one-third less than art stores. Fine -Framed Pictures, gold fram es, metal corners.. .. .. ....ioc Fine Framed Pictures, gold frame s, size 7x9 . ..25c Flemish Panel Oak Pictures, oval centre, beautiful subject 50c Game Pictures, fine oak frames. . ' $1.98 Fine green frame Pictures, brass metal plates, regular $2.00 picture, special at .. 3C Wonderful Toy Store An unprecedented display of practical Toys every one made to last. There is not a poorly made toy in the whole store. Amusing and instructive toys at less prices than the trashy kind. Blackboards, ioc, 25c, 75c, $1.25-Magic Lanterns, 25c to $S-oo. Fur and Skin Animals, ioc, 25c, 50c. Pianos, 25c, 49c, 98c. Drums. ....... 8c Air Rifles 75c Mechanical Toys, ioc to Express Wagons, ioc to $5.00. It would take the entire paper to describe the thousands of toys. Come and see for yourself and bring the children with you. LEATHER, CELLULOID, FANCY WOOD, EBONY fOILET ARTICLES. Magnificent display of Purses, Music Rolls, Collar and Cuff Boxes, Necktie Boxes, Manicure and Toilet Sets, Smokers' Sets. Fine gold plated Ink Stands, '25c, 39C. 49c. 75c, 98c : Ebony Toilet Articles, Hat Brushes, Hair Brushes, Mirrors, Combs.. .25c Sterling Silver Goods Nickel Silver Tea and Coffee Pots, Trays, Bread Trays, 25c 6 silver Nut Picks. . ..... .ioc 6 silver Nut Picks and Cracker 25c Fancy Gold Clocks $1.25 Thousands of suitable presents for father, brother, sister, mother and sweetheart. store open evenings until -Christmas. Goods delivered to all surrounding towns. Extra delivery wagons insure prompt ser vice REESE'S BAZAAR 16 South Main St. REESE'S BAZAAR Nevartoo large nevartoo (mri . Aiwayajuatftgl. - Slobe&rmckc -. :... . i Sole Agents, ' BENESCH A SONS, i WilkefBarrt, Pa, beating's Cash or Credit House,. '! 35 East Market St., Wilkes-Barre. New 'Phone No. 813. 1 ' . Opto evenings until Christmas. , GREAT CUT In Perfumery, Toilet Cases, Military Brushes. Etc. Discount of 20 on the Dollar Foreign perfumes, Roger & Gallet's, Plver's, Ed. Pfnaud's, E. Coudray, Lubln. Atkinson's, Lundburg's, etc. Domestic Palmer's, Wright's, Speller's, Brown's, Lorenz's, Colgate's, Helper's. Rlcksecker's, Hess's, etc. Foreign and Domestic Soaps, Face Powders flnA Toilet Requisites. .Toilet Sets, something new, from 13.40 up to $8.50. New style atomizers without rubber bulb. Fine Pocket Knives and Razors, Hair and Tooth Brushes, Rubber Gloves. Fine presents for your doctor or nurse. At : Spayd's Cut Rate DrugStoref 39 East Market St, Wllkes-Barre. Pa. WOMEN AND JEWELS. Jewels, candy, flowers, man that Is the- order of a woman's preferences. Jewels form a, magnet of mighty power to the - average woman. Even that greatest of jewels, . health, is ' often ruined ln the strenuous efforts to riiakpr save the moner to purchase them. ' If. a woman will risk her health to get - a coveted gem, then let her fortify "herself against the - Insidious consequences .. of : coughs, .- colds , and bronchial affections by the regular use of . DriBoschee's German Syrup. It will, promptly arrest consumption In Its early , stages and heal the affected lungs and bronchial tubes and drive the dread disease from the system. It is not a cure-all, but it is a certain cure for coughs, colds and all bron- thial trouble. Tou can get tnis reliable remedy at all drug stores. Price 2Sc an4 7So.--..,-;.., ...i. . ..... Holiday Furniture A Great Big Show KASCHENBACH'S A more LYariedl assortments of suitable things for gift purposes would be hard to find. As for values, look at this: ; $8.25 for a large desk in quar tered oak, highly polished. Has French mirror top, double swell drawer and shelf, fitted with good locks. - Substantial, practical and convenient. Price elsewhere-$ II. t it8Tiipiil SPECIAL HOLIDAY SALE OF Fine Groceries Fsefesaaiaa nisitiurin J eoos L Pi liilkTAKtHiif 3 cans tomatoes 25c 8 cans corn 25o 3 cans beans 25e 3 bottles catsup...... 25e 3 cans peas.. .. ,...25e 3 cans pork and beans 25c Best Patent Flour $3.00 Per Barrel We Give Extr, Yellow Stamps on your First Do. P"rcJl - until Jan. 1, 1904. If you bring a coupon. CUT OUT THIS COUPON. Good-for $4.00 (worth HO) Yellow Stamps if. you- buy- dollar's -worth--of goods from our store before Jan. 1, 1904. Don't forget to bring a coupon.- O. Walters, II1SITIHIII a,! aooa L ml u'sTHMPlij New stoc of Fruits. Candles. ' Toys, etc, for our Christmas trade. Call early; we will give you bargains while they last. - . ' . - , KASCHENBACH'S 253-9 South Main St Dr. Alexander's Lung Hacler -THE REMEDY THAT CURES." It baa been curing coughs and colds for 10 years at ail dealers J5t bottle. 11 saimia B jlLSTAMftjj PAVIDrWALTERS MINERS MILLS, PA. psirririir- o mmij J IOO L tLI Ljo Br Aft CvXO V Mil Always. Reraeniber th Pall Name I sxative Uromo ftinzisa Cores CoW ta On Dy, Criptn 2 Dy onevenr I . . . i J1-.
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