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Newspaper
Pittsburgh Dispatch
Location
Pittsburgh, Pennsylvania, United States of America
Date
Oct 07, 1890
Page
2
Opening of the Pennsylvania Supreme Court session features Chief Justice Paxson and seven colleagues in ceremonial dress. The docket includes 259 cases with 116 from this state, and includes decisions on Craig Street paving and a Larimer Street Railway charter dispute.
Eighty two Supreme Court decisions are issued including Paxson's ruling on Owen Cusick's contested clerk election in Lackawanna county. The opinion holds that voters must provide specific residence and tax payment details while affi davits may comply with reasonable certainty requirements. The decree affirming John H. Thomas as Clerk of Courts is upheld and the appeal dismissed at appellant costs.
Justice Mitchell rules in Titus v Bradford Railroad Co that employers need not use only the newest equipment. They must provide ordinary safety. absolute safety is impossible and liability arises only for negligence. The standard is the usual prudent practice in the trade, not perfection or strict insurer liability.
The Supreme Court, led by Chief Justice Paxson, dismisses Sydney Ware's first degree murder appeal from Dauphin County Court. Three errors claimed: jurors not sworn before trial, denied request to send testimony to jury, and insufficient evidence. Court rejects all, noting no duty to swear absent request, no precedent for sending testimony, and sufficient evidence supported the verdict.
Chief Justice Paxson sustains a plaintiff win in Stroud Berson vs Fire Association of Philadelphia. The court rebukes the insurer for demanding the statutory interest disclosure and questions the policy’s alteration after the fire. The case centers on who must be named in the policy and whether the new document matched prior terms.
Chief Justice Paxson rules that a man who pays money under protest when unsure of a financial move cannot recover if dissatisfied with the result. The 1930s ruling applied in Leandra de la C and the Dawson cases where stock subscriptions were refused without bonuses and payments were made under protest. Justices Sterrett and Clark dissented from the majority opinion.
An opinion by Chief Justice Paxson in the appeal of the Commonwealth ex rel. Northeastern Rapid Transit Company against Mayor Fidler of Philadelphia holds the writ is prayed for on a bold technicality. The Mayor, by a mistake, returned the vetoed ordinance to the Select Council chamber instead of Common Council where it originated. The Philadelphia Common Pleas Court is affirmed.
In the Commonwealth appeal against Philadelphia and Coal and Iron Company Justice Clark held the Auditor General not required to delay tax payments until the defendant company resolves its affairs. The decision clarifies timing of state tax obligations amid corporate proceedings.
The Supreme Court issues rapid rulings that sustain and reverse appeals, grant and dismiss overturned matters, and order several new trials. The concise sentences demonstrate decisive action in a broad range of cases, reflecting streamlined judicial handling.
A string of appellate rulings issued yesterday by Justices Paxson Kappetal, Sterrett, Green and Mitchell. Many judgments were reversed and new trials awarded or costs assigned. several decrees affirmed or remitted for further proceedings. Notable cases involve Allen Boyer Shook Mully and Hutchinson Snidette executors among others.
The Supreme Court heard arguments on cases from Beaver Clarion Forest Greene Jefferson Venango Westmoreland counties. Ten cases were disposed of by non pressures with appellants opposed. Key disputes involve collateral inheritance tax adoption legality timber land and street widening damages in Jefferson county.
Justice Mitchell holds Robb cannot recover damages from City of Connellsville over daytime obstruction. Pedestrians urged to watch where they walk and keep eyes open.
Inspector Whitehouse and Police Captain Brophy captured a horse thief last night after a report of a horse stolen from Farmer Charles Mae in Butler county. The suspect, Andrew Kaylor of Tawrancerile, bought the horse for $125 from F. H. Reaman named Hubbard, who cashed the loaned money. At arrest he had about $70 and admitted stealing three other horses in Butler county in recent months.
For holiday presents, buy at Gallinger's located at 1106 and 1200 Penn Ave. A full line of musical instruments is offered.
Cadwallader Biddle of Philadelphia leads inspection with James Scott and Sawyer. He urges separating male and female prisoners, notes crowded county jail, and suggests using unused hospital space for women. Scott praises jail improvements and supports grading prisoners by crime in time.
J B Scott welcomed council action approving the Schenley Park entrance purchase saying it is the best possible move. He notes the land will improve street access and shorten transit times, predicting rapid growth in park use by Alleghenians and Pittsburgers alike. He estimates streetcar travel from Irwin and Western to the park could drop to about 20 minutes within a year.
The Allegheny County Democratic Committee met at Grant Street HQ and released a report nominating Herman Meyer for the Forty-second Senatorial district to oppose John N. Neeb, James Clark for the Forty-fourth Senatorial district to oppose William J. Flinn, W. J. Brennan for the Twenty-second Congressional district to oppose John Dalzell, and D. Watson for the Twenty-third district to oppose Colonel William A. Stone. Watson’s candidacy remains uncertain as he has declined previously. Nominations for First, Second, and Sixth Legislative districts were made, while James Cosgrove declined in the Seventh Legislative district and R. M. Mcey was nominated in his stead.
The Allegheny Finance Committees ordered an ordinance to create the office of Assistant City Attorney for Council use. An ordinance raising the hospital appropriation to 10000 was referred to a sub committee. A treasurer communication from Macferron and Delinquent Tax Collector Greer was ratified. Controller report shows last month receipts at 22088.40 and balance 974915.26. Turner’s Association granted a tax exoneration.
Executive Committee chairman W L Abbott announces a 2 pm meeting to finalize reception plans for 690 distinguished visitors in three special trains. Guests travel via three-carriage transfers with 1500 to 1000 invitation cards for the Duquesne Club event. A shaft break at Spang’s steel mill in Sharpsburg idles three mills, delaying itinerary.
Erastus Wiman, a passenger on the limited to Chicago for his son's wedding, declares business prospects are excellent. He warns that heavy volume may tighten money markets and raise interest rates. He muses on reciprocity with Canada and suggests annexation concepts hypothetically, noting Canada’s vast ties to Britain and the global balance.
A sub-committee of the Allegheny Street Railway Committee met to consider three ordinances creating a continuous line from Western and Irwin avenues to Bellevue. Despite a large lobby and promises of $300,000 in funding, residents’ remonstrance, the panel voted each ordinance down.
Jacob Vogel a 50 year old German resident of 2612 Josephine Street was run over and killed by a P V C railroad train. His body was taken to the Southside morgue and an inquest will be held today. He leaves a wife and family. A furnace Man James McKay at Edgar Thomson Steel Works suffered severe burns and is in Mercy Hospital. Frederick Summerville is at Mercy Hospital with a scalp wound from a fall at his home on Forbes and Mages Streets.
Chief Engineer A. D. Whitton of Pittsburg Traction met yesterday with Duquesne Traction Vice President George Rice at Anderson. They discussed ensuring proper crossings. if unsatisfactory, legal action could follow. Both men described the talk as social and unrelated to formal business.
Twenty five year service devoted to the school ends as Dr. Kearns resigns from the Ralston School Board. The board rejects outside reporter access in a star chamber meeting while two teachers are retained and attendance declines amid factory expansion and tenement displacement.
Henry Bechtel a 21 bookkeeper for Strassburger Joseph on Federal Street Allegheny shot himself in the right temple yesterday morning He died at 8 45 am after doctors failed to revive him The shooting may be accidental but is likely premeditated Bechtel lived at 105 Pennsylvania Avenue with wife and child He had a habit of sleeping on a lounge and keeping a pistol nearby He had sought a retail license years earlier and later planned to start a grocery business He was German aged about 45 a Knight of Honor and an Odd Fellow The coroner will investigate
The Allegheny County W C T U holds its monthly meeting this afternoon at 2 o'clock in the Third U P Church on Diamond Street. Next Monday delegates depart by day express at 9 a.m. for the State Convention in Scranton. the State session lasts three days, followed by the national gathering in Atlanta. Mrs J Porter, a County president, represents Allegheny at the National Convention.
The annual election for trustees was held yesterday in the office of the US on Sixth avenue. The elected trustees are DD H Hostetter R S Robb and W H McClelland. Mr Robb is the new trustee. No further business was transacted.
Manufacturers have increased carpet and curtain prices with the fall stock bought to meet the higher costs. The article notes the next import lot will sell 10 to 25 percent higher, urging hotel keepers and others refurnishing this fall or winter to buy now to save money.
Prompted by a public notice, buyers on 627 and 629 Penn Avenue are alerted that goods are offered cheaper than in the Eastern market. The advertisement signals a selling event targeting local dealers and potential purchasers.
After an Exposition night, Kleber Brothers at 506 Wood Street urge patrons to choose their superior pianos and organs. They claim to offer Steinway Conover Opera Gabler Emerson pianos and Vocalions Earhuff Burdett organs with an eight year warranty and easy payments, warning against rival firms.
Presidents Smith of the American Flint Glass Workers' Union and Welbe of the Amalgamated Association of Iron and Steel Workers traveled to the Ohio Valley yesterday. Smith planned to stop at Wellsburg to settle a weeks long dispute, while Welbe headed to Steubenville to handle a related matter.
The Christian Ministers' Conference of Pittsburg and vicinity met at W. T. Hichardson's residence with T. D. Butler delivering a paper on The Aims and Benefits of the Ministerial Association. The group holds meetings on the first Monday of each month and next gathers at Sparr street residence of T. D. Butler.
A newspaper ad promotes multiple fabric deals: 40-inch all wool Henrietta cloth in various colors priced around 40c to 75c per yard, Camel's Hair Dress Fabrics in fall shades, 42-inch weights at 75c, extra fine grades at 1.00, plus all wool plaids and stripes for misses and children at 50c and 65c respectively. includes French cashmere and serge options in new fall colors.
A special Chicago express from Allegheny departs at 2 30 P M Central time with Pullman sleeping cars and first class coaches arriving in Chicago about 12 25 A M. The round trip fare is 39 with tickets valid ten days.
For 15 years W. L. Thompson & Co claims dominance in Eastern Ohio piano and organ sales, plus a large Chicago music store shipping instruments nationwide. They state high cash dealer status and offer catalogs and terms, noting hundreds of pianos sold in Pittsburgh area and inviting inquiries for prices.
Real estate and local ads list Capital, surplus, deposits and interest rate at four percent. Also notes on Jos. Horse & Co. stores, piano rentals by Ece Hays & Co., and Lies' gallery offering cabinet photos. Vendors Horne & Co. advertise Penn Avenue stores with promotional prices and merchandise listings including textiles and towels.
The Allegheny Water Works committee plans a 1 PM session to review bids for the new plant. Only two full bids exist, with several partials below them, while no definite decision has been made on whether to let the contract as a whole or in sections.
An elaborate spread of floricultural works showcases exquisite creations from skilled hands. Fadeless flowers and orchid and hyacinth depictions emphasize enduring loveliness despite life’s fleeting nature.
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