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* THE TITUSVILLE HERALD FOBtY-SECOND YEAR. TITUSVILLE, PA, MAY 6, 1904,' VOLUME XLI . «T0. 15. DECISION IN EQUITY 1 FAVORABLE TO CITY- JUDGE THOMAS DISSOLVED THE TEMPORARY INJUNCTION IN THE EDWARD8 PAVING CA8E. Law Cited to Show Tbat Contract Was Awarded Legally.—Full Text of the Decision. MEADVILLE, May 4.—(Special.)— The court of Crawford county,- sitting in .equity in the case of Emory A. Edwards, et al. vs. the lity of Titusville, rendered a decision ay dissolving the preliminary injunct - gran' J a month ago. This dccl favorable to the city, will permit tae immediate prosecution of tbe work on the pavement which had been temporarily discontinued. Judge Thomas' decision, with the legal points involved, is reproduced In full as follows: This case came on to be heard upon bill arid answer, and testimony was taken, and the same argued by counsel under agreement that the same should be taken and considered as on final hearing; from wblch we make the following •''Findings of Pact. First—Tbe plaintiffs are citizens and taxpayers of the city of Titusville, and the said Emory A. Edwards was a bidder on tbe proposed contract involve! in this action. Second—The defendant, tho city of Titusville, ls a duly Incorporated city of the third class, and the otber defendants are the mayor, controller, treasurer and members of the select and common councils, as set forth in tbe plaintiffs' bill, with the exception of Samuel Stinson and Daniel P. Roberts, members of the select council, and F. A. Rldaux and'Grant Wagoner, members of the common council, whose terms of office have expired since the filing of said MIL Third—By ordinance duly passu I Nov. 6,' 1903, the said city of Titusville authorised the paving and curbing of Spruce street, in said city, a distance street tb Petroleum street, a distance of about 6,020 feet, at a uniform width of 36 feet from curb to curb, and the said paving to be of brick. By the terms of said ordinance the expense of said Improvement was to be borne by tbe abutting property owners, the said city of Titusville and the-' Titusville Electric Traction company, in the proportion that the said traction company was to pay for the' pavement!^between its rails and one foot outside thereof, making the total width seven feet, two-thirds of tbe expense for the. paving of the remaining width was to be paid by the abutting owners, and the balance by said city of Titusville. Fourth—Owing to the amount of Indebtedness of said city of Titusville, an ordinance approved Oct. 5, 1903, was passed for the purpose of enabling tne said city to create an increased indebtedness not to exceed $8,600 for the purpose of paying the city's proportion of the cost of said Improvement. In pursuance thereof an election was bad and resulted In the authorization of an increase of the indebtedness of said city, not to exceed the said $8,600. Flftli—By virtue of action taken by, the councils of said city on March 10, 1904, proposals or bids for the doing of the work and-furnishing material for said Improvement, Were invited by said city, and advertisement thereof duly made, by the terms whereof It was pro vlded, Inter alia, that: "Proposals' to be received for tbe following named brands or kinds of paving brick, viz: Jamestown, Brady Run, Kittanning, Lewis Run, Medal Brand and New Ca'stle, Asphalt block and brick, Mack paving brick, Toronto paving brick and any otber good paving brick and block, also sheet asphalt. Said paving material shall be of the best quality made of the manufacture selected, and shall stand all reasonable tests as. to durability and fitness as are usually applied to paving materials. • **••••*•• And "In tbe proposals for said improvement bidders must separate their bid3 so as to show clearly and separately, first, tbe amount for which the bidder will perform that part of tbe work for wblch said traction company Is to pay; second, the amount for wblch the bidder will perform the portion for which the said city and abutting property owners are to pay, and proposals must contain a specific and definite offer to complete said work in all Its details for a lump sum, without reference fo any extra excavation or other cause. Wblch extra work must be at the risk of the contractor." Sixth—Blanks for making said bids were furnished the bidders by tbe said city, and several persons and firms submitted to said council sealed bids for furnishing materials and doing the work on said Improvement, whicb were received ana opened at a meeting of councils beld on March 17, 190*. and were referred to the committee on streets and bridges, with instructions to report thereon.' Among said bidders1 were Emory A. Edwards of Titusville, Pa., one of the plaintiffs in this case, and Eugene McGrepvy of Ithaca, N. Y. Seventh—AU of said bidders bid upon and gave estimates for doing Ihe work by using brick of different make i and brands, and all bid upon one or more kinds or brands of block, all of whom, with two exceptions, submitted bids on Brady Run block, to wit: Fred Markley, whose bid included six different kinds of brick and two of block, though not Brady Run block, and that of Frederick Robinson, whose bid Included numerous kinds of brick and block, among which was Brady Run wire cut block. Eighth—The said E. McGreevy in making his bid submitted estimates for the space of fourteen feet outside of the r. lis of said traction company,..and also for the space of one foot outside of each rail in conjunction therewith, on a number of.different materials, in tbe first of which was included Brady Run block, but in the estimate for the space of one foot outside of each rait, this material was not included; he also submitted an estimate la conjunction with the fourteen feet on each side of the rail for the making of sandbed and furnishing and laying brick between the rails and one foot outside of each rail, In wblch estimates he did include one upon Rrady Run block, this said space being tbe amount for the paving of which the traction company la liable. Said E. A. Edwards submitted bids for the paving of fourteen feet outside of tbe rails, and In conjunction therewith, the furnishing and making sand- bed and making and furnishing and laying brick on tbe space one foot outside of each rail; and also in conjunction with his bid on the first mentioned item, of making sandbed and furnishing and laying brick between the raits and one foot outside of each rail, in all of which estimates he included various kinds of brick and block, Including in each that of Brady Run block. The bid of said Edwards on tbe fourteen feet on each side of the rails for Brady Run block was $30,685, and for the one foot outside of each rail on Brady Run block $1,496; and for the space between the rails, together with the one foot outside of each rail, the same laid in connection with the fourteen feet on each side of the rails, for Brady Run block, $5,236. The bid of McGreevy for the fourteen feet on each side of said rails for Brady Riin block was $30,168.27; for the five feet betwttefct-hq.nilis sari.tha one foot outside of each rail, laid in conjunction with tfie fourteen feet on each side of the rails, for Brady Run block, $5,128.70. Ninth—On March 38, 1904; a majority of the committee on streets and bridges, after having consulted with a- committee representing and appointed by tbe property owners, which said committee unanimously recommended that the said street be paved with Brady Run re-pressed block, reported in favor of awarding the contract to said Eugene McGreevy upon his bid, and that the material to be used should be Brady Run re-pressed paving block, and the street committee was authorized on behalf of tbe city to enter into a contract with Bald McOreevy accordingly, which said contract was entered Into by a majority of said committee, for and on behalf of said city, the same day and prior to the service of this bill. Tenth—Subsequent to the opening of said bids the Tituaville Traction company duly executed a written contract With the said Eugene McOreevy for the paving of that portion of said Spruce street, which by them is required to be paved by tbe ordinance above referred to, which said space includes the space between the rails of said company's track and one foot on either aide thereof. Eleventh—The term "Brady Ran block" is applied to a species of brick of larger size than and manufactured of the same material and in conjunction with Brady Run brick, and of Brady Run block there are two classes, known as wire cut and repressed; the wire cut being that whicb is, by means of wires, cut from a column of the material from whicb both brick and block are made, tbe repressed being nothing more than said wire cut material remolded or pressed prior to being burned. Twelfth—All bidders knew, or had an opportunity of knowing, prior to tbe making of their bids, of what Brady Run block consisted, and that tbere were tbe two classes thereof, and a sample of each was on exhibition at city hall at the time or prior to the delivery of said bids. Thirteenth—On Mafch 19, 1904, an ordinance of said city of Titusville was passed providing for the ordinary expenses of tbe several' departments of the city government for tbe fiscal year ending the first Monday of April, 1905, by the terms of which an appropriatlou of $2,200 was made for tbe purpose of paving Spruce street, together with the sum allowed under the ordinance providing for Lie incurring of an indebtedness of $8,600 by such city, which said appropriations seem to be JAPANESE INSISTENT ABOUT "CORKING" PORT BELIEF IN LONDON THAT LAST EFFORT WAS A SUCCESS. THE RUSSIANS LOST 2,000 MEN Besides 40 Officers In Battle of Sunday. Bravery ef Troops Arouses Enthusiasm. LONDON, May 4.—The opinion gains ground here that the Japanese have at last effectually blockaded Port Arthur. No official Japanese report on the subject has yet been received, but the Tokio correspondents aro very positive regarding the matter and describe thej determination with whicb tbe enterprise was undertaken. The Daily Telegraph's correspondent declares that the - entrance to Port Arthur Is "absolutely seated'' and adds that the Japanese fleet tn affecting Its purpose steamed into the entrance at full speed and tbat the naval officers who made the two previous attempts begged permission to carry out the next attack by daylight, that being easier, and their request was granted. "So determined were they to succeed," adds the correspondent, "that they decided, if necessary, to lose half their men. The number of casualties sustained by the Japanese has not yet been announced." Terrible Losses. ST. PETERSBURG, May 6.-8:47 a. m.—The Russian losses at the battle of Kleu Lien-Cheng were 2,000 men and forty officers—far greater than previous reports indicated. . This is the official estimate of M&Jor General Kashtaliuskyj who directly commanded the division that suffered the brunt of the attack and whose report whs received yesterday by the emr peror. Many are inclined to place the Russian losses even higher. General Kashtallnsky mentions also that tnoro than 700 wounded have arrived at Feng-Wang-Chang and these may not be incljudedt,in his calculation. He made no1a,t|:£mpt -to .estimate the Japanese losses, merely stating that they must have been,colossal. The magnitude of the Russian losses had almost a stunning effect on the authorities and aroused general grief, mitigated only by satisfaction at the] bravery displayed by the "Rlf&lan troops. Not for a moment was there any intention tb'ipnV'stich a terrible price |fiVr'dela'J!,iW'!tlie enemy's crossing of tlte^Yaltt? °mii& fact was known tHrttufelimtt' tiie'Jicity and-"'gave rise to l'-Mewed'-'' re&'oW's, attributed to official- sources, that7 General!Kuropatkin had officially censured Lieutenant' General Zassalitch. If this was so Get«- eral Kuropatkin's telegraphed .criticism of Zassalltch was carefully cut out of the dispatches which have been published and the general impression now held Is that he will remain In Manchuria. General Kashtalinskky's report establishes the fact that the Russians sustained the greatest loss in order io save two regiments which were at Abtung. The Eleventh regiment was given the post of honor at the rear with Instructions to hold back the oncoming Japanese. The Twelfth regl ment and Ihe Third battery's quick firing detachment were directed to retire. By the time the latter movement commenced the Japanese had almost surrounded the Russian position. The Twelfth regiment was compelled to charge with the bayonet and succeeded In breaking through the enemy's line. The Second battery's quick firing detachment, without horses, could not move the guns and were compelled to abandon them. The men of the Second battery put their shoulders to the wheels in-an effort to push the guns up the mountain side, but the Japanese flre was so hot that they returned to the protection of the Eleventh regiment. Nearer and nearer approached the Japanese and a charge upon the Eleventh regiment arid the Second battery was Imminent, so that the guns were abandoned. 8TATE LOT. May 5. Mrs. Isabella Sherlock Is fast falling in health. Mr. and Mrs. Samuel Sherlock are en. tertalnlng their daughter, Mrs. EttaJ Miller, whose home is in Forest county. Ell Schreckenghost of Nebraska has purchased the I. Stockton farm and will take possession of the same In September. Mr. and Mrs. Silas Eastman, a bride and groom of recent date have gone to housekeeping at East Branch. Miss Tessie Stockton is convalescing from scralet fever. George Armitage has purchased a fine horse from I. Stockton. BROTHER AND 8ISTER MURDERED TOGETHER Revolting Crime Near West Almond, N. Y.—Robbery Was the Motive. BUFFALO, May 4.—A special to the News from Angelica, N. Y., says: The bodies of John Van ("order and his half sister, Miss Farnhan, were found today in the sitting room of their home, on a farm near West Almond. They had been murdered during the night. The man had been- shot through the back and the woman was stabbed to death with a stilleto made from a file. Robbery Is supposed to have been the motive as the house had been ransacked from end to end, and a pile ot charred papers was found in the center of .the kitchen floor, evidence that the murderers tried to burn the building before they left It. Sheriff Hancock arrived at the scene of the murder this afternoon. Later he visited a camp of Italian railroad laborers near Angelica In an endeavor to obtain a clue. Farmera from all over tbe region are scouring the country for the murderer. Every man ls armed. Miss Farnham was 45 years of age. THE IOWA CONVENTION • i CARRIEO FOR HEARST, NEW YORK EDITOR HAD A MAJORITY OF 180 VOTE8. 'HOW MUCH DID IT COST?" Was One of the Exclamations Hurled at the Hearst Orators—A Wild Convention. [Continued on Second Page.] The political candidate prefers to ride in a carry-ail. ' I DESMOINES, la., May 4.—William Randolph Hearst today carried the Iowa Democratic convention by a majority of more than '150 votes. Hearst resolutions were adopted, Hearst delegations from the contesting counties were seated and Hearst delegates were selected. The delegates were instructed, to vote as a unit and to stand by Charles , Walsh for national oommlt- I ..The convention waq,..boisterous and the oralors, ojE y/ligm.there were, many on both, sides, were hissed, some of them being driven from the stage. M. J. Wade, Democratic congressman from Omaha; J. B. Sullivan, late candidate for governor; M. F. Healy, who came out of retirement of six years, and others appealed to their party in vain against instructions.,. i .Hearst's supporters,, would listen to no compromise afljj-."/Wadpi and Sullivan were kept, o,uJ,,.oC,i,t!m; delegation which is headed ,by. J,, ,M. Parsons of Rock Rapids. The .other delegates at large are General J. B. Weaver, Judge E. M. Carr and 3. B. Wadsworth. Cries of "bought!" "brass collar!" "how much did it cost?" met the Hearst speakers whenever they attempted to speak and pandemonium reigned in the convention. Tbe resolutions" lay great stress on the trusts and point to Mr. Hearst as the champion of thfe anti-trust idea. PLEASANNVILLn PER80NAIJja. Items of Interest Abou. Our Mill Top Neighbors. PLEASANTVILLE, Pa., May 6.— I Special.] — Clarence McMillan of Franklin was the guest of friends here over Sunday. W. T. Green came home from Buffalo Friday for a short visit with bis family here. iwifAl Mrs. E. M. Goodman of Idaho Springs is the guest of her sister, Mrs. S. Q. Wilson. R. D. Stoeltzing of Falconer was calling on friends here- Monday and Tuesday. Mrs. G. Brockman and Henry Rabe of York, Pa., who have been the guests of their sister, Mrs Charlotte Rabe, returned to tbeir homes Saturday. Mrs. H. A. Fields is the guest of friends in Marlon, lad. Mrs. George R. Bugbee, wbo has been quite ill for a number of days, is able to be out again. Mrs. Harry Hatch and children have returned from a visit with friends in Townville. I A. A. Stokes has bought the George Herbert property, on New street, and and will take possession of It May 10. Mr. and Mrs. M. C. Goss have returned from a three months' sojourn In St. Petersburg, Fla. The condition of Miss Agness McMillan, who has been very ill for several days, Is reported better. George Perkins of Eeterprlse has moved his family Into the M. P. Barber house. Mrs. Charles Barnhart and daughter, Mildred, of Warren, who bave been the guests of tbe former's mother, Mrs. Schott, have returned home. Mrs. J. McNutt and children of Salem, W. Va., are the guests of Mr. and Mrs. James McNutt. IRONWORKERS' STRIKE Of SOME MAGNITUDE. NEW YORK BOILERMAKERS AND PITTSBURO BRIDGEMEN Some young men are not ao fast after tbey get tied. ' •-,•■,,■;■ IN TROUBLE WITH EMPLOYERS. 5,000 Men Go Out in New York and Otber Trades May Bs Affected. Pittsburg Situation. NEW YORK. May 4.—All the large ship yards tn the Metropolitan district except those of the Boston Dry Dock company In Brooklyn, and the yard of Tit jen & Lang In Hoboken, are tied up today as tbe resnlt of a strike of tits' Brotherhood of Boilermakers and Iron Shipbuilders of the United States and Canada. Five thousand boilermakers are Involved aud workmen of other trades may be affected. Tbe organization is said to have $250,000 In its relief fund and the twelve local lodges are also well supplied with money. Preparations have been made for a long struggle. In tbe yards of the Morris Heights Shipbuilding company at Morris Heights, 300 men who had been employed In building two torpedo boats for tbe government, quit worn. PITTSBURO, May 4.—-A strike which Is expected to extend to an International movement against tbe American Bridge company, was ordered today by the locnl union of Structural Iron Workers and Bridgemen and over 600 men in this district will go out tomorrow. The strike is called because tbe union claims thirty-five non-union men were put to work last Tuesday erecting a bridge for the Buffalo, Rochester and Pittsburg road at' Coral, Pa. This action, it ls claimed, Is a violation of the agreement to employ none but union men. President Frank Buchanan notified the local union officials here today that the bridge company refused to rectify the matter and said the executive board would meet immediately and Issue a strike order against the American Bridge company. The order will affect all work being done-by the company throughout the United States and Canada. * NEWS FROM NEAR-BY TOWNS. TIDIOUTE May 5. Capt: H. H. Cumings left Tuesday for Philadelphia. C. R. Moore of Garland was In town on business Wednesday. Mrs. M. A. England of Olean was the guest of Mrs. C. E. White a few days this week. Mtss Edith Young returned Tuesday from a six weeks' visit at Cleveland, O. W. P. Crouch and Miss Lulu Crouch of Ea'st Hickory were guests at the home of J. L. Hallock an Wednesday. Mrs. A. J. Siggins of West Hickory was the guest of Mrs. George Siggins on Tuesday. S Mrs. C. M. Knight of Clarendon ls with her father, John R. Tallman, this week. Arthur B. White of Riverside, Cal., wbo has been visiting at the home of H. H. Comings, left Tuesday for the east. Miss Marks of Fort Wayne, Ind., Is the guest, of her brother. Rev. 8. F. Marks. Miss Ana Martin returned home on Monday from a visit at North Warren. Mrs. D. S. Thompson entertained the Shakespeare chib on Monday evening. Tbe Century club met wtth Mrs. L. B, Magill on Wednesday afternoon. Mrs. T. H. Ellis and two children left Wednesday for a month's stay at Atlantic City. Mr. and Mrs. George Siggins entertained the Cinch club on Tuesday evening. Mrs. H. DeRocher and W. H. Turner carried off the honors. The Ladies of the -Maccabees will have a basket social Friday evening in their hnll. Dr. Charles Kemble and his mother, Mrs. C. Kemble, left for Philadelphia Wednesday afternoon. Allan Turner .of West Hickory was In town Tuesday. Miss Ethel Mclntyre entertained a number of her friends Friday evening, April 29, the occasion being her 21st birthday. Her friends presented her with a gold watch for which she wishes to heartily thank them. LINCOLNVILLE MayS. Mra. Seth Pound, who has been suffering from rheumatic neuralgia, ts somewhat better. Ray Johnson has returned to Cambridge Springs. Lee Danner has hired for the season in Lincolnville cheese factory. Mrs. Fannie Muivin, who was taken suddenly ill, is much;improved. Mr. and Mrs. T. L. Dobbins entertained Saturday evening In honor of their son, Frank, and wife. •■••■. Mr. and Mrs. W. A. Martin attended commencement at Spartansburg, May 1th. o -v.'«<.*!«! Frank Dobbins and wife have gofne to Cleveland, where they will be at home to their friends. Harley Bulkley has returned to Hor- nellsville. o O. H. Taylor is repairing his store and house. j i : i TORPEDO. May 5, Mrs. Charley Thayer has moved, into the house vacated by Phil Nichols. Harry Nichols was found lying in the road In an unconscious condition. Dr. Hoover, of Grand Valley, was called and pronounced It a bad case of heart failure. H. E. McConnell has started his mill at Newton, sawing out the stock for L. B. Wood & Co. James Clark has moved into the house vacated by Elmer Perkins. George, James and Shep Nichols are all home from Mayburg. Mrs. Bertha Powell entertained her Sunday school class recently. T!ie evening was pleasantly spent in playing .flinch and eating warm sugar. Miss Lena Powell has enlarge c'tais of scholars In music. The Ladies' Aid of Ross Hill meets with Mrs. T. Robishaw "^6w|fei May 12. Everybody invited. ! WOODCOCK May 5. The Woodcock cheese factory opened last Monday morning. Our cheese mar her ls George Norris. Mrs. Samuel Doctor has returned f rotn Albion, where she has been taking care of ber mother, Mrs. Roy Sybrant, who has been sick for some time. Miss Flora Schultz of Sharon and Miss Ida Schultz of Meadviile were tbe guests of their parents, Mr. and Mrs. O. Schultz, over Sunday. The Ladies' Aid society of the M. B. church met with. Mrs, George Sensor last Thursday. Rev. S. D. Perry, pastor of the M. E. church will: deliver a sermon from the Fourth Commandment next Sunday evening. , The Presbyterian Sabbath school has" been re-organized and' tbe following, officers were elected; Superintendent! Edwin Perry; organist. Miss Grace Norris; secretary. Miss Lottie StulJ; treasurer, Mrs. George Norris; janitor, George Johnston. ftj-M? MINISTER Ma^ 5. Alvie Brenah of Warren was a visitor at the home" of his brother, L. R. Brenan for a couple of days last week. Steve Cooper Is at work again after a hard struggle with the grip, i Miss Tlllie Dean of Gusher' was the guest of her Bister, Mrs. Steve Cooper over Sundav. R. E. Downey was home from Fox- burg to spend Sunday with his family. We are pleased to uote the recovery of Mrs. Jacob Lludsey, who bas been dangerously ill with blood poisoning. ," There will be a "Rag Dance"' In Ball-, town Hall, Friday evening, May 6th. All .are Invited. '**wii; EAQLE. Mayug. , D. F. Muir will give a phonographic entertainment at Excelsior school house Saturday evening, May 7. Sunday school next Sunday at 10 o'clock, and preaching at 11 o'clock, by Rev. Gilbert. Warren Morris has purchased a.fine- span of colts and Fred Cochran has bought a very nice driving horse. ONE REASON WHY* The Popularity of tha Little Conqueror In Titusville Is Easily Explained. One reason why A friend once gained by Doan's Kidney Pills Is never lost— They make permanent cures. Titusville people cured six years ago Are well today. Tbey thank Doan's Kidney Pills*. * Here's a case of It: John Cognon, retired oil reflnerj iM ing at 70 Bank street, says: "Aiij told the people of Titusville in 1893, Doan's Kidney Pills, which I procured at J. E. Phillips' drug store, gave me prompt relief from pain, lameness, and soreness in the small of my back and other symptoms of kidney tr'oublgl with which I had been afflicted fpr two years. It is now over six years from the date I first used them and I can endorse them as strongly as I did at that time. I have had no backach,3, dizziness nor trouble with the kidney, secretions since, and I know of many friends who have used them on my recommendation with the same kind of results." For sale by all dealers. Price R0 cents. Foster-Milburn Co., Buffalo," N. Y., sole agents for the United States'.'.",". Remember the name—Doan's—eni take no other.
Object Description
Title | Titusville Herald |
Contributors | Backstage Library Works |
Date | 1904-05-06 |
Original Format | Newspapers |
Type | text |
Digital Format | image/tif |
Source | Titusville |
Language | eng |
Rights | https://creativecommons.org/publicdomain/zero/1.0/ |
Contact | For information on source and images, contact the State Library of Pennsylvania, Digital Rights Office, Forum Bldg., 607 South Dr, Harrisburg, PA 17120-0600. Phone: (717) 783-5969 |
Contributing Institution | State Library of Pennsylvania |
Sponsorship | This Digital Object is provided in a collection that is included in POWER Library: Pennsylvania Photos and Documents, which is funded by the Office of Commonwealth Libraries of Pennsylvania/Pennsylvania Department of Education. |
Description
Title | Titusville Herald |
Contributors | Backstage Library Works |
Date | 1904-05-06 |
Original Format | Newspapers |
Type | text |
Digital Format | image/tif |
Identifier | Titusville_Herald_19040506_001.tif |
Source | Titusville |
Language | eng |
Rights | https://creativecommons.org/publicdomain/zero/1.0/ |
Contact | For information on source and images, contact the State Library of Pennsylvania, Digital Rights Office, Forum Bldg., 607 South Dr, Harrisburg, PA 17120-0600. Phone: (717) 783-5969 |
Contributing Institution | State Library of Pennsylvania |
Sponsorship | This Digital Object is provided in a collection that is included in POWER Library: Pennsylvania Photos and Documents, which is funded by the Office of Commonwealth Libraries of Pennsylvania/Pennsylvania Department of Education. |
Full Text | * THE TITUSVILLE HERALD FOBtY-SECOND YEAR. TITUSVILLE, PA, MAY 6, 1904,' VOLUME XLI . «T0. 15. DECISION IN EQUITY 1 FAVORABLE TO CITY- JUDGE THOMAS DISSOLVED THE TEMPORARY INJUNCTION IN THE EDWARD8 PAVING CA8E. Law Cited to Show Tbat Contract Was Awarded Legally.—Full Text of the Decision. MEADVILLE, May 4.—(Special.)— The court of Crawford county,- sitting in .equity in the case of Emory A. Edwards, et al. vs. the lity of Titusville, rendered a decision ay dissolving the preliminary injunct - gran' J a month ago. This dccl favorable to the city, will permit tae immediate prosecution of tbe work on the pavement which had been temporarily discontinued. Judge Thomas' decision, with the legal points involved, is reproduced In full as follows: This case came on to be heard upon bill arid answer, and testimony was taken, and the same argued by counsel under agreement that the same should be taken and considered as on final hearing; from wblch we make the following •''Findings of Pact. First—Tbe plaintiffs are citizens and taxpayers of the city of Titusville, and the said Emory A. Edwards was a bidder on tbe proposed contract involve! in this action. Second—The defendant, tho city of Titusville, ls a duly Incorporated city of the third class, and the otber defendants are the mayor, controller, treasurer and members of the select and common councils, as set forth in tbe plaintiffs' bill, with the exception of Samuel Stinson and Daniel P. Roberts, members of the select council, and F. A. Rldaux and'Grant Wagoner, members of the common council, whose terms of office have expired since the filing of said MIL Third—By ordinance duly passu I Nov. 6,' 1903, the said city of Titusville authorised the paving and curbing of Spruce street, in said city, a distance street tb Petroleum street, a distance of about 6,020 feet, at a uniform width of 36 feet from curb to curb, and the said paving to be of brick. By the terms of said ordinance the expense of said Improvement was to be borne by tbe abutting property owners, the said city of Titusville and the-' Titusville Electric Traction company, in the proportion that the said traction company was to pay for the' pavement!^between its rails and one foot outside thereof, making the total width seven feet, two-thirds of tbe expense for the. paving of the remaining width was to be paid by the abutting owners, and the balance by said city of Titusville. Fourth—Owing to the amount of Indebtedness of said city of Titusville, an ordinance approved Oct. 5, 1903, was passed for the purpose of enabling tne said city to create an increased indebtedness not to exceed $8,600 for the purpose of paying the city's proportion of the cost of said Improvement. In pursuance thereof an election was bad and resulted In the authorization of an increase of the indebtedness of said city, not to exceed the said $8,600. Flftli—By virtue of action taken by, the councils of said city on March 10, 1904, proposals or bids for the doing of the work and-furnishing material for said Improvement, Were invited by said city, and advertisement thereof duly made, by the terms whereof It was pro vlded, Inter alia, that: "Proposals' to be received for tbe following named brands or kinds of paving brick, viz: Jamestown, Brady Run, Kittanning, Lewis Run, Medal Brand and New Ca'stle, Asphalt block and brick, Mack paving brick, Toronto paving brick and any otber good paving brick and block, also sheet asphalt. Said paving material shall be of the best quality made of the manufacture selected, and shall stand all reasonable tests as. to durability and fitness as are usually applied to paving materials. • **••••*•• And "In tbe proposals for said improvement bidders must separate their bid3 so as to show clearly and separately, first, tbe amount for which the bidder will perform that part of tbe work for wblch said traction company Is to pay; second, the amount for wblch the bidder will perform the portion for which the said city and abutting property owners are to pay, and proposals must contain a specific and definite offer to complete said work in all Its details for a lump sum, without reference fo any extra excavation or other cause. Wblch extra work must be at the risk of the contractor." Sixth—Blanks for making said bids were furnished the bidders by tbe said city, and several persons and firms submitted to said council sealed bids for furnishing materials and doing the work on said Improvement, whicb were received ana opened at a meeting of councils beld on March 17, 190*. and were referred to the committee on streets and bridges, with instructions to report thereon.' Among said bidders1 were Emory A. Edwards of Titusville, Pa., one of the plaintiffs in this case, and Eugene McGrepvy of Ithaca, N. Y. Seventh—AU of said bidders bid upon and gave estimates for doing Ihe work by using brick of different make i and brands, and all bid upon one or more kinds or brands of block, all of whom, with two exceptions, submitted bids on Brady Run block, to wit: Fred Markley, whose bid included six different kinds of brick and two of block, though not Brady Run block, and that of Frederick Robinson, whose bid Included numerous kinds of brick and block, among which was Brady Run wire cut block. Eighth—The said E. McGreevy in making his bid submitted estimates for the space of fourteen feet outside of the r. lis of said traction company,..and also for the space of one foot outside of each rail in conjunction therewith, on a number of.different materials, in tbe first of which was included Brady Run block, but in the estimate for the space of one foot outside of each rait, this material was not included; he also submitted an estimate la conjunction with the fourteen feet on each side of the rail for the making of sandbed and furnishing and laying brick between the rails and one foot outside of each rail, In wblch estimates he did include one upon Rrady Run block, this said space being tbe amount for the paving of which the traction company la liable. Said E. A. Edwards submitted bids for the paving of fourteen feet outside of tbe rails, and In conjunction therewith, the furnishing and making sand- bed and making and furnishing and laying brick on tbe space one foot outside of each rail; and also in conjunction with his bid on the first mentioned item, of making sandbed and furnishing and laying brick between the raits and one foot outside of each rail, in all of which estimates he included various kinds of brick and block, Including in each that of Brady Run block. The bid of said Edwards on tbe fourteen feet on each side of the rails for Brady Run block was $30,685, and for the one foot outside of each rail on Brady Run block $1,496; and for the space between the rails, together with the one foot outside of each rail, the same laid in connection with the fourteen feet on each side of the rails, for Brady Run block, $5,236. The bid of McGreevy for the fourteen feet on each side of said rails for Brady Riin block was $30,168.27; for the five feet betwttefct-hq.nilis sari.tha one foot outside of each rail, laid in conjunction with tfie fourteen feet on each side of the rails, for Brady Run block, $5,128.70. Ninth—On March 38, 1904; a majority of the committee on streets and bridges, after having consulted with a- committee representing and appointed by tbe property owners, which said committee unanimously recommended that the said street be paved with Brady Run re-pressed block, reported in favor of awarding the contract to said Eugene McGreevy upon his bid, and that the material to be used should be Brady Run re-pressed paving block, and the street committee was authorized on behalf of tbe city to enter into a contract with Bald McOreevy accordingly, which said contract was entered Into by a majority of said committee, for and on behalf of said city, the same day and prior to the service of this bill. Tenth—Subsequent to the opening of said bids the Tituaville Traction company duly executed a written contract With the said Eugene McOreevy for the paving of that portion of said Spruce street, which by them is required to be paved by tbe ordinance above referred to, which said space includes the space between the rails of said company's track and one foot on either aide thereof. Eleventh—The term "Brady Ran block" is applied to a species of brick of larger size than and manufactured of the same material and in conjunction with Brady Run brick, and of Brady Run block there are two classes, known as wire cut and repressed; the wire cut being that whicb is, by means of wires, cut from a column of the material from whicb both brick and block are made, tbe repressed being nothing more than said wire cut material remolded or pressed prior to being burned. Twelfth—All bidders knew, or had an opportunity of knowing, prior to tbe making of their bids, of what Brady Run block consisted, and that tbere were tbe two classes thereof, and a sample of each was on exhibition at city hall at the time or prior to the delivery of said bids. Thirteenth—On Mafch 19, 1904, an ordinance of said city of Titusville was passed providing for the ordinary expenses of tbe several' departments of the city government for tbe fiscal year ending the first Monday of April, 1905, by the terms of which an appropriatlou of $2,200 was made for tbe purpose of paving Spruce street, together with the sum allowed under the ordinance providing for Lie incurring of an indebtedness of $8,600 by such city, which said appropriations seem to be JAPANESE INSISTENT ABOUT "CORKING" PORT BELIEF IN LONDON THAT LAST EFFORT WAS A SUCCESS. THE RUSSIANS LOST 2,000 MEN Besides 40 Officers In Battle of Sunday. Bravery ef Troops Arouses Enthusiasm. LONDON, May 4.—The opinion gains ground here that the Japanese have at last effectually blockaded Port Arthur. No official Japanese report on the subject has yet been received, but the Tokio correspondents aro very positive regarding the matter and describe thej determination with whicb tbe enterprise was undertaken. The Daily Telegraph's correspondent declares that the - entrance to Port Arthur Is "absolutely seated'' and adds that the Japanese fleet tn affecting Its purpose steamed into the entrance at full speed and tbat the naval officers who made the two previous attempts begged permission to carry out the next attack by daylight, that being easier, and their request was granted. "So determined were they to succeed," adds the correspondent, "that they decided, if necessary, to lose half their men. The number of casualties sustained by the Japanese has not yet been announced." Terrible Losses. ST. PETERSBURG, May 6.-8:47 a. m.—The Russian losses at the battle of Kleu Lien-Cheng were 2,000 men and forty officers—far greater than previous reports indicated. . This is the official estimate of M&Jor General Kashtaliuskyj who directly commanded the division that suffered the brunt of the attack and whose report whs received yesterday by the emr peror. Many are inclined to place the Russian losses even higher. General Kashtallnsky mentions also that tnoro than 700 wounded have arrived at Feng-Wang-Chang and these may not be incljudedt,in his calculation. He made no1a,t|:£mpt -to .estimate the Japanese losses, merely stating that they must have been,colossal. The magnitude of the Russian losses had almost a stunning effect on the authorities and aroused general grief, mitigated only by satisfaction at the] bravery displayed by the "Rlf&lan troops. Not for a moment was there any intention tb'ipnV'stich a terrible price |fiVr'dela'J!,iW'!tlie enemy's crossing of tlte^Yaltt? °mii& fact was known tHrttufelimtt' tiie'Jicity and-"'gave rise to l'-Mewed'-'' re&'oW's, attributed to official- sources, that7 General!Kuropatkin had officially censured Lieutenant' General Zassalitch. If this was so Get«- eral Kuropatkin's telegraphed .criticism of Zassalltch was carefully cut out of the dispatches which have been published and the general impression now held Is that he will remain In Manchuria. General Kashtalinskky's report establishes the fact that the Russians sustained the greatest loss in order io save two regiments which were at Abtung. The Eleventh regiment was given the post of honor at the rear with Instructions to hold back the oncoming Japanese. The Twelfth regl ment and Ihe Third battery's quick firing detachment were directed to retire. By the time the latter movement commenced the Japanese had almost surrounded the Russian position. The Twelfth regiment was compelled to charge with the bayonet and succeeded In breaking through the enemy's line. The Second battery's quick firing detachment, without horses, could not move the guns and were compelled to abandon them. The men of the Second battery put their shoulders to the wheels in-an effort to push the guns up the mountain side, but the Japanese flre was so hot that they returned to the protection of the Eleventh regiment. Nearer and nearer approached the Japanese and a charge upon the Eleventh regiment arid the Second battery was Imminent, so that the guns were abandoned. 8TATE LOT. May 5. Mrs. Isabella Sherlock Is fast falling in health. Mr. and Mrs. Samuel Sherlock are en. tertalnlng their daughter, Mrs. EttaJ Miller, whose home is in Forest county. Ell Schreckenghost of Nebraska has purchased the I. Stockton farm and will take possession of the same In September. Mr. and Mrs. Silas Eastman, a bride and groom of recent date have gone to housekeeping at East Branch. Miss Tessie Stockton is convalescing from scralet fever. George Armitage has purchased a fine horse from I. Stockton. BROTHER AND 8ISTER MURDERED TOGETHER Revolting Crime Near West Almond, N. Y.—Robbery Was the Motive. BUFFALO, May 4.—A special to the News from Angelica, N. Y., says: The bodies of John Van ("order and his half sister, Miss Farnhan, were found today in the sitting room of their home, on a farm near West Almond. They had been murdered during the night. The man had been- shot through the back and the woman was stabbed to death with a stilleto made from a file. Robbery Is supposed to have been the motive as the house had been ransacked from end to end, and a pile ot charred papers was found in the center of .the kitchen floor, evidence that the murderers tried to burn the building before they left It. Sheriff Hancock arrived at the scene of the murder this afternoon. Later he visited a camp of Italian railroad laborers near Angelica In an endeavor to obtain a clue. Farmera from all over tbe region are scouring the country for the murderer. Every man ls armed. Miss Farnham was 45 years of age. THE IOWA CONVENTION • i CARRIEO FOR HEARST, NEW YORK EDITOR HAD A MAJORITY OF 180 VOTE8. 'HOW MUCH DID IT COST?" Was One of the Exclamations Hurled at the Hearst Orators—A Wild Convention. [Continued on Second Page.] The political candidate prefers to ride in a carry-ail. ' I DESMOINES, la., May 4.—William Randolph Hearst today carried the Iowa Democratic convention by a majority of more than '150 votes. Hearst resolutions were adopted, Hearst delegations from the contesting counties were seated and Hearst delegates were selected. The delegates were instructed, to vote as a unit and to stand by Charles , Walsh for national oommlt- I ..The convention waq,..boisterous and the oralors, ojE y/ligm.there were, many on both, sides, were hissed, some of them being driven from the stage. M. J. Wade, Democratic congressman from Omaha; J. B. Sullivan, late candidate for governor; M. F. Healy, who came out of retirement of six years, and others appealed to their party in vain against instructions.,. i .Hearst's supporters,, would listen to no compromise afljj-."/Wadpi and Sullivan were kept, o,uJ,,.oC,i,t!m; delegation which is headed ,by. J,, ,M. Parsons of Rock Rapids. The .other delegates at large are General J. B. Weaver, Judge E. M. Carr and 3. B. Wadsworth. Cries of "bought!" "brass collar!" "how much did it cost?" met the Hearst speakers whenever they attempted to speak and pandemonium reigned in the convention. Tbe resolutions" lay great stress on the trusts and point to Mr. Hearst as the champion of thfe anti-trust idea. PLEASANNVILLn PER80NAIJja. Items of Interest Abou. Our Mill Top Neighbors. PLEASANTVILLE, Pa., May 6.— I Special.] — Clarence McMillan of Franklin was the guest of friends here over Sunday. W. T. Green came home from Buffalo Friday for a short visit with bis family here. iwifAl Mrs. E. M. Goodman of Idaho Springs is the guest of her sister, Mrs. S. Q. Wilson. R. D. Stoeltzing of Falconer was calling on friends here- Monday and Tuesday. Mrs. G. Brockman and Henry Rabe of York, Pa., who have been the guests of their sister, Mrs Charlotte Rabe, returned to tbeir homes Saturday. Mrs. H. A. Fields is the guest of friends in Marlon, lad. Mrs. George R. Bugbee, wbo has been quite ill for a number of days, is able to be out again. Mrs. Harry Hatch and children have returned from a visit with friends in Townville. I A. A. Stokes has bought the George Herbert property, on New street, and and will take possession of It May 10. Mr. and Mrs. M. C. Goss have returned from a three months' sojourn In St. Petersburg, Fla. The condition of Miss Agness McMillan, who has been very ill for several days, Is reported better. George Perkins of Eeterprlse has moved his family Into the M. P. Barber house. Mrs. Charles Barnhart and daughter, Mildred, of Warren, who bave been the guests of tbe former's mother, Mrs. Schott, have returned home. Mrs. J. McNutt and children of Salem, W. Va., are the guests of Mr. and Mrs. James McNutt. IRONWORKERS' STRIKE Of SOME MAGNITUDE. NEW YORK BOILERMAKERS AND PITTSBURO BRIDGEMEN Some young men are not ao fast after tbey get tied. ' •-,•■,,■;■ IN TROUBLE WITH EMPLOYERS. 5,000 Men Go Out in New York and Otber Trades May Bs Affected. Pittsburg Situation. NEW YORK. May 4.—All the large ship yards tn the Metropolitan district except those of the Boston Dry Dock company In Brooklyn, and the yard of Tit jen & Lang In Hoboken, are tied up today as tbe resnlt of a strike of tits' Brotherhood of Boilermakers and Iron Shipbuilders of the United States and Canada. Five thousand boilermakers are Involved aud workmen of other trades may be affected. Tbe organization is said to have $250,000 In its relief fund and the twelve local lodges are also well supplied with money. Preparations have been made for a long struggle. In tbe yards of the Morris Heights Shipbuilding company at Morris Heights, 300 men who had been employed In building two torpedo boats for tbe government, quit worn. PITTSBURO, May 4.—-A strike which Is expected to extend to an International movement against tbe American Bridge company, was ordered today by the locnl union of Structural Iron Workers and Bridgemen and over 600 men in this district will go out tomorrow. The strike is called because tbe union claims thirty-five non-union men were put to work last Tuesday erecting a bridge for the Buffalo, Rochester and Pittsburg road at' Coral, Pa. This action, it ls claimed, Is a violation of the agreement to employ none but union men. President Frank Buchanan notified the local union officials here today that the bridge company refused to rectify the matter and said the executive board would meet immediately and Issue a strike order against the American Bridge company. The order will affect all work being done-by the company throughout the United States and Canada. * NEWS FROM NEAR-BY TOWNS. TIDIOUTE May 5. Capt: H. H. Cumings left Tuesday for Philadelphia. C. R. Moore of Garland was In town on business Wednesday. Mrs. M. A. England of Olean was the guest of Mrs. C. E. White a few days this week. Mtss Edith Young returned Tuesday from a six weeks' visit at Cleveland, O. W. P. Crouch and Miss Lulu Crouch of Ea'st Hickory were guests at the home of J. L. Hallock an Wednesday. Mrs. A. J. Siggins of West Hickory was the guest of Mrs. George Siggins on Tuesday. S Mrs. C. M. Knight of Clarendon ls with her father, John R. Tallman, this week. Arthur B. White of Riverside, Cal., wbo has been visiting at the home of H. H. Comings, left Tuesday for the east. Miss Marks of Fort Wayne, Ind., Is the guest, of her brother. Rev. 8. F. Marks. Miss Ana Martin returned home on Monday from a visit at North Warren. Mrs. D. S. Thompson entertained the Shakespeare chib on Monday evening. Tbe Century club met wtth Mrs. L. B, Magill on Wednesday afternoon. Mrs. T. H. Ellis and two children left Wednesday for a month's stay at Atlantic City. Mr. and Mrs. George Siggins entertained the Cinch club on Tuesday evening. Mrs. H. DeRocher and W. H. Turner carried off the honors. The Ladies of the -Maccabees will have a basket social Friday evening in their hnll. Dr. Charles Kemble and his mother, Mrs. C. Kemble, left for Philadelphia Wednesday afternoon. Allan Turner .of West Hickory was In town Tuesday. Miss Ethel Mclntyre entertained a number of her friends Friday evening, April 29, the occasion being her 21st birthday. Her friends presented her with a gold watch for which she wishes to heartily thank them. LINCOLNVILLE MayS. Mra. Seth Pound, who has been suffering from rheumatic neuralgia, ts somewhat better. Ray Johnson has returned to Cambridge Springs. Lee Danner has hired for the season in Lincolnville cheese factory. Mrs. Fannie Muivin, who was taken suddenly ill, is much;improved. Mr. and Mrs. T. L. Dobbins entertained Saturday evening In honor of their son, Frank, and wife. •■••■. Mr. and Mrs. W. A. Martin attended commencement at Spartansburg, May 1th. o -v.'«<.*!«! Frank Dobbins and wife have gofne to Cleveland, where they will be at home to their friends. Harley Bulkley has returned to Hor- nellsville. o O. H. Taylor is repairing his store and house. j i : i TORPEDO. May 5, Mrs. Charley Thayer has moved, into the house vacated by Phil Nichols. Harry Nichols was found lying in the road In an unconscious condition. Dr. Hoover, of Grand Valley, was called and pronounced It a bad case of heart failure. H. E. McConnell has started his mill at Newton, sawing out the stock for L. B. Wood & Co. James Clark has moved into the house vacated by Elmer Perkins. George, James and Shep Nichols are all home from Mayburg. Mrs. Bertha Powell entertained her Sunday school class recently. T!ie evening was pleasantly spent in playing .flinch and eating warm sugar. Miss Lena Powell has enlarge c'tais of scholars In music. The Ladies' Aid of Ross Hill meets with Mrs. T. Robishaw "^6w|fei May 12. Everybody invited. ! WOODCOCK May 5. The Woodcock cheese factory opened last Monday morning. Our cheese mar her ls George Norris. Mrs. Samuel Doctor has returned f rotn Albion, where she has been taking care of ber mother, Mrs. Roy Sybrant, who has been sick for some time. Miss Flora Schultz of Sharon and Miss Ida Schultz of Meadviile were tbe guests of their parents, Mr. and Mrs. O. Schultz, over Sunday. The Ladies' Aid society of the M. B. church met with. Mrs, George Sensor last Thursday. Rev. S. D. Perry, pastor of the M. E. church will: deliver a sermon from the Fourth Commandment next Sunday evening. , The Presbyterian Sabbath school has" been re-organized and' tbe following, officers were elected; Superintendent! Edwin Perry; organist. Miss Grace Norris; secretary. Miss Lottie StulJ; treasurer, Mrs. George Norris; janitor, George Johnston. ftj-M? MINISTER Ma^ 5. Alvie Brenah of Warren was a visitor at the home" of his brother, L. R. Brenan for a couple of days last week. Steve Cooper Is at work again after a hard struggle with the grip, i Miss Tlllie Dean of Gusher' was the guest of her Bister, Mrs. Steve Cooper over Sundav. R. E. Downey was home from Fox- burg to spend Sunday with his family. We are pleased to uote the recovery of Mrs. Jacob Lludsey, who bas been dangerously ill with blood poisoning. ," There will be a "Rag Dance"' In Ball-, town Hall, Friday evening, May 6th. All .are Invited. '**wii; EAQLE. Mayug. , D. F. Muir will give a phonographic entertainment at Excelsior school house Saturday evening, May 7. Sunday school next Sunday at 10 o'clock, and preaching at 11 o'clock, by Rev. Gilbert. Warren Morris has purchased a.fine- span of colts and Fred Cochran has bought a very nice driving horse. ONE REASON WHY* The Popularity of tha Little Conqueror In Titusville Is Easily Explained. One reason why A friend once gained by Doan's Kidney Pills Is never lost— They make permanent cures. Titusville people cured six years ago Are well today. Tbey thank Doan's Kidney Pills*. * Here's a case of It: John Cognon, retired oil reflnerj iM ing at 70 Bank street, says: "Aiij told the people of Titusville in 1893, Doan's Kidney Pills, which I procured at J. E. Phillips' drug store, gave me prompt relief from pain, lameness, and soreness in the small of my back and other symptoms of kidney tr'oublgl with which I had been afflicted fpr two years. It is now over six years from the date I first used them and I can endorse them as strongly as I did at that time. I have had no backach,3, dizziness nor trouble with the kidney, secretions since, and I know of many friends who have used them on my recommendation with the same kind of results." For sale by all dealers. Price R0 cents. Foster-Milburn Co., Buffalo," N. Y., sole agents for the United States'.'.",". Remember the name—Doan's—eni take no other. |
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