Gibson – Stephen Carpenter, the stage driver, has purchased an auto truck to use between South Gibson and Susquehanna.

Heart Lake – Boyd Breese, of Heart Lake, had an exciting experience which he will probably never forget. He was bathing in the lake when another bather, Miss Grace Dwyer, was suddenly taken with cramps and sank in deep water. Young Breese, who is a good swimmer, went to her assistance, but the frightened girl grappled him in such a way as to render him helpless, and both sank for the second time, when dragged from the water by Fred Bullard, of Binghamton, who was nearby. When they came up the last time they were under a boat, all that was visible of them being one of Breese’s arms, which providentially, was seen, and by which they were saved from a watery grave.

Alford – Passengers on the L & M, yesterday afternoon, on the trip from Alford to Montrose, were given several distinct shudders. As the train was passing over the trestle at Alford a coal car became derailed, apparently, but owing to the inner rails, stayed on the trestle till the west bank of Martin Creek was reached when it left the road bed and rolled down the steep embankment, landing up-side down near the water’s edge. A box car also left the rails, but did not overturn. There were many passengers aboard, who were left out on the trestle in a perilous position, and consternation reigned until an engine from the main line came and took the passenger coaches back to Alford. The train was an hour and a half late in reaching Montrose.

Hop Bottom – Mr. Squires, of LaGrange, Ill, an old gentleman eighty years of age, who has been visiting relatives here, left for Chicago, Sunday evening, owing to ill health. He was accompanied by Dr. A. J. Taylor.

Fairdale – W. J. Rhinevault, who has most faithfully looked after the interests of the many patrons of the wagon and blacksmith shop here, for nearly 20 years, feels he would like to shift the responsibilities to younger shoulders and offers the business for sale, we are informed.

Forest Lake – Lafayette Shelp was in Montrose yesterday, the first time for nearly a year. Mr. Shelp is in usually good health, although 74 years of age, and attends to his usual duties. To all appearances has not a grey hair in his head. Mr. Shelp has a fine place, built and used by his father, 90 years ago; also a table made by his father, both of which are very highly prized.

South Montrose – While Mrs. Percy Ballantine was driving her automobile from her home to Montrose, yesterday afternoon, she had trouble in shifting the gears while ascending the hill just below South Montrose, near A. Nichols’. The car started to back down the hill and before it could be stopped, overturned, pinning her little daughter underneath and severely injuring her arm. The child was rushed to the Moses Tylor Hospital at Scranton for X-Ray examination and treatment. Mrs. Ballantine’s son was also in the car at the time of the accident, but neither was injured.

Lawton – Joseph, the three-year-old son of Mr. and Mrs. M. M. Curley, had a miraculous escape from death a few days ago, when he suffered a fall of about 12 feet, striking on the cement floor in the basement of Mr. Curley’s barn. A physician was called, but no injuries could be found—and the bright little fellow plays about as happy as ever.

Auburn Four Corners – Frank H. Bunnell, of Tunkhannock, has purchased the Perry Bushnell store here and will stock it with goods and open for business within the next two or three weeks. An excellent mercantile business has been done for years there, but on account of age and infirmity Mr. Bushnell closed out his stock a year or two ago and retired. Mr. Bunnell is a young man and will likely soon build up a good business.

Forest City – The committee in charge of the Old Home Week celebration to be held here the week of August 10 to 15 are busy getting the details perfected for what they hope will be the greatest event in the history of the town. There will be four aeroplane flights, one of which is scheduled for Thursday, the other three will be held on days to be decided later. The New England Amusement Co. will furnish a merry-go-round, an ocean wave and a ferris wheel.

Susquehanna – The Erie shops in this place are closed for the week and we are wondering if it is the war scare or the refusal of increased freight rates. It is hoped that the layoff will be short and that business will soon pick up so that the enforced idleness will not materially affect the employees to any great extent. The huge shoe factory at Endicott, which has been hopeful of not being influenced by dull times, has been forced to work but 5 days a week. Along with the dull times comes the prospect of increased prices, caused largely by the demands from foreign war-ridden countries being short of food supplies and it behooves the careful housekeeper to stock up on necessities before the prices advance.

Uniondale – Quite an excitement here a few days ago. The wrecker, returning from unwrecking a wreck, wrecked itself upon rounding a curve and had to send for another wrecker to unwreck the wrecker that wrecked itself while returning from a wreck. Yes sir!

Montrose – “Dick,” Florist W. W. Nash’s faithful family horse for the past 18 years, was painlessly put to death on Monday, having been suffering for a short time from an apparently incurable sickness. Few horses attain his advanced years, he having been 31 years old. Kind and true, his owner had formed a strong attachment for him and feels the loss of his faithful animal friend. ALSO Att. J. M. Kelly has recently purchased the Blakeslee law building on Public avenue, in which his law office has been located for the past 15 years. This building is one of the best known law buildings in the county, having been occupied for many years by Dr. E. L. Blakeslee, and later by the late George P. Little.

News Brief: England has declared war on Germany. The warlike attitude taken by Great Britain was followed by the refusal of the Kaiser to yield to the demand that she withdraw her troops from Belgium and respect that country’s neutrality. The government of England sent her demand in the form of an ultimatum and gave the Germans twelve hours in which to answer. The Kaiser sent his reply within that time, but its contents did not please Great Britain and war was immediately declared. ALSO Col. Theodore Roosevelt, leader of the Progressive party and former president of the United States, is booked to speak at the Bradford county fair, in Towanda, September 8th. ALSO Miss Helen Lynch, of Philadelphia, representing the Pennsylvania Women’s Suffrage Association, is here this week, in the interest of the suffrage movement. She is getting the expression of the prominent people, in regard to their sentiments on this question.

Back in April 2009, I did a column on the doctrine of judicial immunity, which provides that a judge cannot be sued for any act done in his or her official judicial capacity.  In other words, any actions taken as part of the official functions of a judge are absolutely immune from civil suit.  This is an ancient common law rule that arose to protect judges from looking over their shoulder every time they make a judicial decision.  Thus, the motivations for what caused the official judicial action are not relevant in determining whether a judge is entitled to immunity.  The question is simply whether the judge was acting within his or her judicial capacity when the decision was made.  If so, the judge has absolute immunity from any civil suit.  If not, the judge may be sued.

So what constitutes a judicial act that provides immunity?  The examples are countless.  In the arena of criminal justice, there are many things that judges do that effect the liberty of a defendant, i.e., the issuance of a search warrant or an arrest warrant, setting monetary bail, deciding motions, conducting trial, sentencing the defendant, considering post-sentence proceedings, and parole and probation hearings.  Each of these proceedings involves inherently fundamental liberty interests of a criminal defendant.  If a judge were open to civil suit for every decision that deprived a person of their liberty, the courts would be paralyzed with litigation filed against judges by disgruntled defendants who perceive conspiracies behind every decision.  These litigations are filed in droves and are dismissed quickly based on the doctrine of judicial immunity.

The opponents of judicial immunity suggest that it is a common law dinosaur that has long outlived its time – it has roots in the concept that the King was never wrong – and certainly could not be sued.  As with any absolute rule, there are those who contend that there should be some ability for a party aggrieved by blatant judicial misconduct to seek financial compensation for their injuries sustained at the hands of a rouge judge.  Back in 2009, the question I addressed was the infamous “Kids for Cash” scandal – and the ability of those juveniles adversely impacted by a tainted judicial officer to seek recompense.  In those circumstances, the doctrine of judicial immunity seems to fly in the fact of justice, equity and fairness.  Should there not be some ability to pierce through the shield of immunity where a jurist has plainly misused and abused his or her judicial position?

I read a media report recently about another case running into the impenetrable barrier of judicial immunity.  Wade McCree, Jr. was a judge in Michigan – and he engaged in reprehensible conduct, namely he engaged in a sexual relationship with a woman who was appearing before his court for a child custody case.  This illicit relationship apparently included activities that occurred in the judge’s chambers – as well as “sexting” messages from the bench.  The ex-husband/father in the child support case sued the judge when he found out that there was a sexual relationship between the judge and his ex-wife.  The Sixth Circuit Court of Appeals dismissed the lawsuit on the grounds of judicial immunity.  Attorneys contend that they will seek an appeal to the United States Supreme Court – but experts believe that this will be a waste of time as the High Court has always upheld judicial immunity against every other attack for over two centuries.

What happens when judges behave unethically?  First, a litigant has a right to appeal a bad decision – and the appellate process is designed to fix mistakes – honest or nefarious – that have been made by a judicial officer.  Second, there is a disciplinary process that can be utilized to seek discipline and removal of a bad judge.  In the case of Wade McCree, Jr., he was removed from his position and can no longer disgrace the integrity of the bench.  Finally, as the Kids of Cash case demonstrated, judges who engage in criminal conduct can be prosecuted – and jailed – for their unlawful behavior.

As to the added protection – or sword – of civil litigation with financial liabilities, the United States Supreme Court would have to fundamentally transform American jurisprudence to allow for such civil suits against judicial officers and blatantly ignore over two centuries of established case law in the process.  In other words, any change in the doctrine of judicial immunity would require 5 justices who simply decided that they were not bound to follow the law.  There is a certain irony that those seeking to destroy the doctrine of judicial immunity are seeking judges who are willing to abandon the law itself in order to reach their personal desired result – which seems strangely akin to the behavior of the bad judges who have abused their position for their personal gratification.

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/. 

 “A perfect Summer Day is when the sun is shining, the breeze is blowing, the birds are singing, and the lawn mower is broken.”~ James Dent

Many families in our area will be venturing out to a sandy beach this summer. How relaxing it will be to stretch out under an umbrella and watch the world and the waves go by? Among the many items you’ll pack for your trek is a good supply of reading material. Whatever your definition of “Beach Reads” may be—romance, mystery, a gripping tome of women’s or historical fiction—you’ll find “A Shore thing” as close as your local Library Branch! “Beach Reads”, were also known as “Hammock Reads” in the distant past and have quite a history that I would like to share. During the summertime in the 1890’s, a table would be placed by the front door of the home, offering a selection of paper-covered volumes for summer reading. For some reason, it was thought that lighter books were more suitable for reading in the hot weather.  In 1897, society and civilization took hope from the improved quality of summer reading. It seemed like everyone in the world were writing novels—with bad ones being plentiful and how splendid the best offerings were! The years, 1900-1907 brought the thought that if there is one season in which the printed book might be regarded as a questionable intruder, it is when the full blossom of summer has enchanted us with its splendor—while the coaxing pages of any book lie open before us—waiting to be devoured. However, it was discovered that you don’t have to travel to the beach in order to enjoy summertime reading. You can get as much enjoyment under a shady tree or by a garden patch as you can by dipping your toes in the sand! When the 1920’s rolled around, how summer reading progressed with all of the excitement in the world around us! Gone were the days when a reader would lie in a semi-comatose state, either in the sand or a grassy spot, blindly turning pages of volumes featuring trashy love scenes or even trashier thrillers. Hotels started featuring an ample assortment of quality reading materials suitable for many summer travelers’ tastes. Larger cities began “Bookmobile services” to help bring books to those individuals unable to access same. These features helped one to escape from the fears and depression of the outside world. The 1950’s erased one error which had circulated for much too long—that, of the assumption that “Light Books” were the only ones suitable for summer reading. Many also thought the books meant trivial or foolish subjects or poorly written volumes. We all know there is nothing more difficult than trying to read a tome which, after a few pages, is determined to be not worth your time—and the boredom that ensues while trying to plow your way through it, rather than escape and go on to something else. The fifties brought rock and roll, beach blanket movies and young starlets and reading light romantic novels were all the rage. However, it was not unlikely to see a much more serious volume being devoured before and after a picnic, proving that even on vacation, the thirst for knowledge can be quenched. The 1960’s saw home Libraries skyrocket in popularity—even in summer cottages. No volumes were ever discarded no matter how obscure their subject—just moved to the cottage with the hopes someone would open their covers and enjoy the passages. Reviewers guided us in the 1970’s. We poured over the best seller lists before we packed our suitcases, anxious to read the latest of a favorite author or two, if they didn’t weigh us down to much to accompany us in travel. The 1980’s, the 1990’s, right up to present day make us realize the incredible number of hours we have for the enjoyment of the written word—light reading, heavy reading, reading that works you up into a tizzy and a sweat when the humidity is low—and before we know it, summer has melted into Autumn with the onslaught of winter not far behind. Being a reader, in the summer, or any other season of the year is not a choice based on lifestyle—it’s part of the inquisitive soul you are and we learn more with every volume we delve into, so spread your blanket , set up your lawn chair and READ! Children learn by example, and what better example for them to learn is the love of reading and books by their parents and grandparents. Make it a point to visit your local Library today.

We hope you were able to attend the 2014 Blueberry Festival. While there, you could have checked out all sorts of blueberry-themed goodies, including Aprons, Cookbooks, Flying Discs, Fresh Berries, Ice Cream, Muffins, Key Chains, Pies, Pottery, Prints, Stationery, Sweatshirts, Tote bags, Towels, T-shirts –even our well known pizza with blueberries! White Elephant treasures awaited your perusal as well as clever gift baskets of all shapes and sizes, filled to the handles with fantastic goods to take a chance on. Perhaps you were a lucky winner--if so, congratulations and enjoy! Many flocked to the annual Book Sale and checked out the thousands of quality books, as well as magazines, CDs, DVDs, and there were even some vinyl LPs to be purchased. The “Early Bird Opening” on Thursday, the usual hours on Fri. and Saturday ,as well as the extended hours on Sunday, gave visitors more time to pour over the huge selection. We wish to extend our thanks to all who made this year’s Festival a resounding success—the Festival workers, those who created and donated items, the blueberry pickers, and you, the devoted festival attendee and customer. It is due to your patronage and generosity that your local Library System can offer the programs and services that you and your family have come to expect and enjoy.

A special round of thanks to the “Magic Needles Quilting Club” and Kathy Venne of “Distinctive Quilting” for creating the 2014 absolutely gorgeous “Blueberry Patch” Quilt that was raffled off. I’m sure the intricate design gave more than one person creative ideas for itchy fingers.

As I relax and begin some summer reading myself, I leave you with this thought:

“Love is to the heart what the summer is to the farmer’s year-it brings to harvest all the loveliest flowers of the soul.” ~ Author Unknown

Freshly Mown Hay—Swimming Holes—Blueberry Pie

ENJOY!!

There are no free samples

Melissa was receiving from her doctor free samples of a new skin medication for about 3 months. The cream worked so well that Melissa’s dermatologist wrote her a prescription for it. Not having any medical insurance, she was floored when the pharmacist said the cream would cost almost $300. She knew she could not afford that and was not sure what to do.

Free drug samples sometimes help patients save money before purchasing an expensive medication that is not effective for them. Of concern for the high cost of medications to patients, physicians may believe that offering free sample medications to patients is a great service, especially for poorer patients. Another benefit is easy availability of medication to immediately begin a course of therapy. Also, free samples are a way to evaluate patient tolerance and adjust dosage before a full prescription would be written.

However, some physicians are inclined to prescribe the newer and more expensive medications that may be no more effective than well-known and established drug therapies. Over the last decade, sales of these newer brand name medications have substantially accelerated. How? Free samples to doctors – what better way for drug companies to advertise? This is despite the perception among physicians that they pay little or no attention to drug advertising.

In a recent study, researchers looked at data on prescriptions for adult acne medications written by dermatologists. The researchers found that brand name drugs and "branded generics" – off-patent drugs that have different dosages or new formulations and are sold under a new name – accounted for 79% of prescriptions written by these doctors. In contrast, such drugs accounted for only 17% of prescriptions written by doctors at a medical center that does not allow its doctors to accept free drug samples.

“Physicians may not be aware of the cost difference between brand-name and generic drugs, and patients may not realize that, by accepting samples, they could be unintentionally channeled into subsequently receiving a prescription for a more expensive medication," said study author Dr. Alfred Lane, professor of dermatology at Stanford University.

Melissa’s pharmacist said he would phone the doctor to get the prescription for a less expensive, generic cream. “Just as effective and 10 times cheaper,” the pharmacist said. The doctor agreed to write for the generic saving Melissa a lot of money.

Ron Gasbarro, PharmD is a pharmacist, medical writer, and principal at Rx-Press.com. Write him at ron@Rx-Press.com.