Montrose – The celebration here on the Fourth, from the opening rattle of the drum as the firemen’s parade got under way in the morning, until the last rocket died away in the murky dome of the sky in the evening, was a qualified success. Never in the town’s history was there a more enjoyable and successful celebration than the one given by [the] Hooks. In the morning all three fire companies united in a spectacular parade, each company showing a harmony of feeling in assisting Hook & Ladder Fire Co. that did much toward making the affair a success. Headed by the Montrose Band, with speaker John J. McDevitt, Mayor Titsworth, J. J. Ryan, C. W. Broadhead and P. J. Radeker in an auto, the parade presented a fine sight to the crowds that thronged the sidewalks.

Bridgewater Twp. – The Tenth U. S. Cavalry, which spent the Fourth in Montrose, were visited by thousands of people at their encampment on the E. W. Rogers farm, just below Montrose. The advanced troops reached town about 10 o’clock in the morning, a considerable number of pack mules, loaded with sections of machine guns, forming the “vanguard.” Other scattered squads kept arriving and the main body came about noon. The regiment was organized in 1866 and is one of four colored regiments now in existence in the United States. It has seen service among the Ute Indians in Utah and Wyoming, played a conspicuous part in backing Roosevelt’s “Rough Riders” at San Juan Hill, and has seen service in the Philippines. The Regiment is composed of 29 officers, 590 soldiers, 50 enlisted teamsters and 850 horses and mules. They left Fort Ethan Allen, near Burlington, Vt. and are on their way to Winchester, Va..

Uniondale/Forest City – Wanted, operators for our exchange. A good opportunity for a small family with one or two girls who want positions. Apply to Northeastern Penn’a Telephone Co., Forest City, Pa.

Ainey, Springville Twp. – Honor for one of Susquehanna county’s youngest [Civil War] soldiers, F. A. Kittle, who enlisted before he was 15 years of age. He is now a resident of Scranton and a member of Ezra S. Griffin Post. The Ladies’ Corps presented the Post with a banner that cost $85, and F. A. Kittle was detailed to carry it to the Gettysburg reunion.

Alford – The local veterans returning from Gettysburg were met by a special train here on Saturday evening, the New York train being late, and they arrived in Montrose at about 10 o’clock. All report a pleasant time. The first day at Gettysburg was the worst one experienced, everything being in confusion on account of the large number of veterans to be housed and fed. The confusion soon gave way to system and they were as well cared for as was possible under the circumstances.

Susquehanna – John P. Shanahan has assumed the editorship of the Susquehanna Transcript-Ledger. Mr. Shanahan has had considerable journalistic experience, having for years been a valued correspondent of a number of large city dailies. He possesses an attractive style of writing, is broad in his views, and pledges co-operation with the town’s officials in working for the best interests of the borough. From a personal acquaintance with the new editor we believe he will improve and advance the interests of his paper, as well as make that journal a continued, forceful factor in the upbuilding of Susquehanna.

Dimock – The Dimock Camp Ground is taking a decided improvement in appearance these days. The Improvement committee is putting on new roofs, etc., and they already have the drive from the public road to the ground in fine condition, making a drive upon which three or four autos or teams can drive abreast. They are using crushed stone and flag for the walks this season instead of plank and it is a great improvement and will be permanent. All cottages in the front row can have paint furnished free if they wish to avail themselves of the offer and paint their cottages before the 1913 season.

South Gibson – The Fourth at South Gibson drew a large crowd. There was entertainment all the time—two moving picture shows, with music by the band, a spirited ball game between Dundaff and South Gibson, and fireworks in the evening, filled out a long day of enjoyment. The Ladies’ Aid netted $35 and 80 meals were served at Hotel Thomas.

Lenox – We had a safe and sane Fourth—everything quiet. Some went to Montrose and some to Hop Bottom. Also Charles Wright and family, of Yonkers, N.Y., have pitched a tent near G. C. Woolsey’s where they will camp for the summer.

Auburn Twp. – S. M. Conety, of Shannon Hill, has sued the supervisors of Auburn for damage for injury to Mrs. Conety, caused by her horse taking fright at the Dougherty and Winans traction engine which was left standing near the driveway on land of John Lott.

Also those interested in the State Road from Meshoppen through Auburn to Lawton, Birchardville, Choconut and to State Line are feeling kindly toward Rep. Jones and Senator Mills for the interest they took in this matter.

Brushville – Only one accident from fire works on the Fourth has been reported thus far. Benton Benson, while loading a small canon, had the misfortune to loose part of his thumb. Dr. Miller, of Susquehanna, was called and amputated the thumb at a point below the first joint. Benton recently celebrated his 21st birthday on June 29th.

Hallstead – Eugene Gathany, of this place, and his brother, M. A. Gathany, of Vineland, New Jersey, have organized, in the above named place, the “Gathany Development and Construction Co.” The company will manufacture a faced brick for building purposes that is said to be the finest building brick in the world. They also own, in this place, some of the finest blue stone quarries in the state.

Jessup Twp. – Peter Arnold’s brother, C. C. [Christian], of Montrose, Missouri, is here visiting Peter and his brothers Andrew and Aaron and other relatives. He is a Civil War veteran, being a member of the 41st Pa. Volunteers, and took in the Gettysburg festivities on his way here. Mr. Arnold removed from the county 30 years ago and this is his first visit. He is a wide awake newspaper man, having published the Montrose (Missouri) Record for many years.

Hop Bottom – Ed VanLoan and Orin Hinkley, G. A. R. veterans, attended the Gettysburg celebration last week.

Flynn, Middletown Twp. – James McCahill, an orphan boy, whose home was with Frank McCormick, was drowned while bathing in the Wyalusing creek, Sunday last.

I had someone send me an email seeking guidance on the new natural gas pipelines – particularly what a landowner can do to prevent unwanted ATV traffic on the newly created pipeline easements.  An easement is an agreement between a landowner and a third party that allows the third party access to and use of a landowner’s real property for an intended, but limited, purpose.  An easement conveys a right to use the real property, but it does not convey ownership of the real property.  The landowner continues to own the real property – and continues to control the real property except to the extent such control has been relinquished in the easement agreement.

Every single day, we all use easements – the most common of which are public roads.  Obviously, in the case of those easements, a landowner cannot exclude members of the public from the use of a public road – it is the very nature of the easement itself.  On the other hand, this does not mean that the public has unlimited access to the landowners property simply because there is a public road easement.  I recently prosecuted a case where a defendant was “scrapping,” and his defense was that he was only taking property that was within the roadway easement.  The mere fact that the Commonwealth has an easement with a landowner does not provide a third party with permission to enter a landowner’s property and remove any valuable items that may happen to be resting within the “easement.”

Another common easement would be those belonging to electric utilities – and we all benefit from those easements for the power that comes to our homes.  The easement with a public utility is limited to the purposes of the easement – the erection and maintenance of power lines.  A power line easement does not confer any right of third parties unconnected with the public utility to enter upon your real property.  In fact, you often see landowner’s affix a posted sign upon a utility pole that is situated on the landowner’s property.  The posted sign does not apply to the public utility (provided the utility workers are there on utility business), but it applies to every other person.

I have an old natural gas pipeline easement behind my house – and during the winter months, it is pretty common to hear snowmobiles traversing the easement.  It makes for a perfect trail for them – and when I was a kid, we used to ride our ATVs and snowmobiles on some of both pipeline and electric line easements.  Of course, we had permission from our neighbors to do so.  If you ride ATVs or snowmobiles, it is important to remember that the newer pipeline easements have not created any special rights for third parties to utilize the landowner’s real property.  If the landowner does not want you on his or her property – you cannot use the easement for recreational purposes.

          As I have discussed in previous columns, the Crimes Code has a provision that prohibits any person from entering upon posted private property – defiant trespass.  It constitutes a summary offense if you ignore a posted sign and enter upon another’s person’s real property, i.e., punishable by up to 30 days in jail and a $300 fine.  If you disobey an order personally communicated to you by the owner, then you have committed a misdemeanor of the third degree, i.e., punishable by up to one year in jail and a $2,500 fine.

          The Vehicle Code has a similar provision entitled Trespass by Motor Vehicle, which makes it unlawful to “operate a motor vehicle on private property of another person” without consent of the owner.  The distinction that the Vehicle Code provision contains that the Crimes Code does not contain is that there is no requirement that the property be posted.  In other words, if you use a motor vehicle on private property without first obtaining consent from the owner, then you have committed a trespass by motor vehicle under the Vehicle Code.  Further, the statue makes it a separate offense if you cause damage to the real property through the use of the motor vehicle on the private property – and if you have caused damage, then the fine jumps from $25 to $500 as well as a requirement to make restitution for the damages.

          As to what a landowner can do to limit the use of motorized vehicles on a newer pipeline easement on his or her property, the simple answer is that it is unlawful for any person without consent to operate a motor vehicle on private property without consent of the landowner – even if the property is not posted.  If you are encountering motorized trespassers, then you should contact law enforcement to make a complaint.

Please submit any questions, concerns, or comments to Susquehanna County District Attorney’s Office, P.O. Box 218, Montrose, Pennsylvania 18801 or at our website www.SusquehannaCounty-DA.org or discuss this and all articles at http://dadesk.blogspot.com/.