COLUMNISTS

Business Directory Now Online!!!

Main News
County Living
Sports
Schools
Church Announcements
Classifieds
Dated Events
Military News
Columnists
Editorials/Opinions
Obituaries
Archives
Subscribe to the Transcript

Look Here For Future Specials

Please visit our kind sponsors


Issue Home July 15, 2015 Site Home

100 Years Ago

Forest City – Attorney W. J. Maxey has announced himself as a candidate for the nomination of district attorney on the Republican ticket. Mr. Maxey is one of the county metropolis’s most substantial citizens, he becoming a candidate largely through the solicitation of his friends. He is an able attorney and if elected to the office would doubtless fill it credibly.

Hallstead – John J. Driscoll, a well know Hallstead man, died suddenly on Saturday morning while being shaved in J. J. O’Neill’s barber shop. Mr. Driscoll had been in ill health for some time. The body was taken to Burke’s undertaking rooms and later removed to the home of his son, here. The funeral occurred Monday morning in St. Lawrence’s church.

Dimock – On August 28, 1876 the grounds of the Dimock Campmeeting were bought and consecrated to the use of the religious welfare of any who might take advantage of it, and it proved from the start to be very successful in its mission, for thousands have been benefitted by it, and the good that it has done will go on for centuries. Thirty nine years have seen many changes. Of the old faces that used to greet us there every year many have gone to their reward, but their good work still goes on. There was a time a few years ago when old Dimock Campmeeting ground seemed to be on the decline, but the last few years it has been rapidly regaining its popularity and this year promises to fulfil the wishes of the present board of directors and be the largest and best it has known for years.

Montrose – On the afternoon of Monday, July 12, and presumably under the orders from headquarters, an agent of the Consumes Water Co. of Montrose, combined an illegal trespass with a gross discourtesy, by erecting on the land of the various estates bordering on Jones Lake and without asking the consent of the owners of that land, the following “notice” which he might with equal rights have nailed on the front doors of those owners’ houses. Notice—All persons are forbidden from going upon the waters of this Jones Lake by boat or otherwise or fishing therein either from shore or otherwise, or bathing therein or throwing objects or articles into the waters thereof or otherwise entering or trespassing upon the same—signed the Consumer’s Water Co. of Montrose. Such was the actual notice illegally posted by the trespasser employed—and this is a notice that was not posted but might well have been.: To the Citizens of Montrose—For the sole reason that you persist in opposing the attempts of this
Company to impose utterly unjust and preposterously unequal water rates upon you we have decided to deny to you and to your children certain entirely innocent rights that the residents of this community have enjoyed from the days of its earliest settlement—viz the right to boat upon, and fish in waters that as a matter of simple fact are State Waters and as such are stocked with fish from State Hatcheries maintained by the taxes of all Penna. Tax payers.

Alford, Brooklyn Twp. – Night operator, A. G. Betts, received a severe shock from the telephone wires during the electrical storm of Tuesday evening, while attending to his duties in the station. Mr. Betts was rendered unconscious and has since been confined to the bed. Yesterday, however, he was beginning to recover the use of his limbs.

Uniondale – Constables E. T. Rimron and J. N. Corey brought three prisoners to Montrose yesterday morning and placed them in the keeping of Sheriff Reynolds. The young men, ranging in age around 20 years, were arrested at this place for breaking into a D & H car and pilfering a quantity of watermelons. The melancholy days for them have come.

Towanda – Coming upon a farmer mowing clover one day last week L. J. Russell, principal of the Towanda schools, heard the man complain how near fagged out his horses were. Prof. Russell told him to unhitch and he would finish the mowing with his automobile. Fastening the mower to the Professor’s automobile, the machine was sent speeding around and the big field was mowed within 10 minutes. The mower was run so fast that the clover was thrown in the air in clouds.

Hopbottom – As the new trolley affords added facilities for bringing booze drinkers from neighboring villages, which good fortune has made “dry,” the question becomes more pertinent here—Shall this town continue to act as a distributing center not only for our own, but our neighbors’ stumbling blocks?”

Lanesboro – Deputy Sheriff H. E Taylor was here over Sunday, being a guest of his parents, Mr. and Mrs. J. O. Taylor. Owing to the high water taking out a bridge at Wellsburg, N.Y., it was necessary for the Erie to use the Lackawanna tracks both for passenger and freight traffic, and it was midnight, Friday, when the train pulled out of Great Bend southbound. He stated that the going out of the Stack dam, near Susquehanna, contributed largely to the excitement connected with the unprecedented rainfall, many small buildings along the creek being washed away, and in one instance a portion of a house was carried away on the flood. The dam in the Susquehanna river, at Lanesboro, was not visible, owing to the great depth of the water. The electric light plant, for several days, was unable to use waterpower, but resorted to steam.

Springville – A lighting rod spell has again struck town and several of our people are having their buildings rodded. ALSO In Lynn, the farmers in the vicinity are wishing for less rain and more sun for a change.

South Montrose – The school house at this place will be remodeled at once to accommodate the 50 or more scholars of this district.

South New Milford – Of all the rainstorms in July, last Thursday took the cake. Many roads are hardly safe to travel over. Now is the time for farmers to put in a couple of days on the roads, making the roads wider and safer, as many places are not wide enough for two teams to pass and many horses do not like to get too near an auto. Make a general good job of it, and next year the taxes would not have to be doubled to pay for repairing.

A Question: Do you love music soft and low? Then tomorrow evening suppose you go to the town library where furnished free, will be given a concert right after tea; the hour appointed is 7 o’clock sharp, when the Victrola will start with tune of the harp, or the entrancing strains of the Marine Band, or Melba, whose songs have cheered every land; and again may be heard sweet “Il Trovatore,” or a selection fine from dear Thomas Moore, while from Italy, Germany and France, will be wafted rich music replete with romance; so get yourselves ready and enjoy the rare treat—the concert at the Library just off Maple street.

News Briefs: After this year fraternities will be abolished at Mansfield Normal school. The charge that they are undemocratic and promotive of cadism [being caddish?] seems to be established. In consequence many of the fraternity meetings at the commencement last month were largely attended being in the nature of a farewell feed. ALSO It is expected that members of the Pennsylvania Woman Suffrage Association will make a tour of our county during the first week of August, speaking in all of the larger towns and villages. This will be a rare opportunity for those interested in the subject of equal suffrage to hear it discussed by Pennsylvania’s ablest speakers. The tour will be made by automobile and all speeches will be made from the auto.

Back to Top

From the Desk of the D.A.

When I was in private practice, I got the chance to represent families that were purchasing real property – first time homes, vacation homes, commercial properties, hunting land, and simply investment properties.  For some people, it was old hat – they had done it many times in their lives, but for other people, it was a very exciting experience.  I did a fair number of real estate closing involving lake lots – and those purchasers were generally very excited about having a place on the water.  During the course of the representation, I would always tell them to be good neighbors – as the boundary lines on lake lots seem to always be a little fluid and uncertain, and lake cottages tend to be stacked in close proximity.  A bad relationship with a neighbor would quickly turn a dream into a nightmare.

This was probably good advice for all purchasers – and neighbor disputes result in a good deal of business in the criminal justice system.  On a personal level, I have always been very fortunate to have terrific neighbors - but as a prosecutor I have seen just how quickly a bad neighbor can make life very difficult and stressful.  It is hard to understand the motivation of some people to simply make a neighbor’s life unpleasant, but those people are out there.  If you are fortunate, you never have to deal with one of them next door.  For those who are unfortunate, there is a chance that you will end up calling the police to deal with out-of-control behavior.

I thought of this recently when I saw a media report about a recent Superior Court opinion in Commonwealth v. Mauz.  Gary Mauz and Victoria Battistini are neighbors – but not friends or even friendly towards each other.  In April 2013 at approximately 10 p.m., Battistini was getting her fire pit ready for a fire along with her boyfriend and siblings when she heard loud noises coming from Mauz’s residence.  When she went to her fence, she could see Mauz standing outside of his home directing comments towards her, including stating: “fat mom humps [her] dog” and “whore.”  Understandably, Battistini was upset and she called the police.  Mauz was charged and convicted of disorderly conduct, and he appealed his conviction to the Superior Court.

In making its decision, the Superior Court noted that the Disorderly Conduct statute was created to preserve the public peace – but the Court cautioned that the statute “is not intended as a catchall for every act which annoys or disturbs people; it is not a dragnet for all the irritations which breed in the ferment of a community.”  The Superior Court summarized that the touchstone of the disorderly conduct statute is disturbing the public peace – and momentary outburst or obscenities that do nothing to disturb the peace do not amount to criminal disorderly conduct.

The Superior Court concluded that the record fail to demonstrate that other members of the public – aside from Mauz and Battistini – could hear the comments.  As such, the Superior Court stated: “We cannot conclude [Mauz] acted with the intent to create public annoyance when he made his offensive remarks in a private setting and the remarks apparently were discernible only to Battistini.”  Because Mauz did not “cause public unrest or create a risk thereof,” the Superior Court concluded that his conduct was not a criminal violation and reversed his conviction.  In making this determination, the Superior Court did note that the Court found Mauz’s “comments reprehensible but not criminal.”

Does this mean that Battistini is without recourse if Mauz continues to call her derogatory names?  No, and that is how the police officer’s charging decision can make all the difference for a successful prosecution.  Under the harassment statute, it is a criminal violation to annoy, harass or alarm another person through a course of conduct or repeated inappropriate communication that have no legitimate purpose.  Mauz was not charged with harassment – which is aimed at protecting the victim; rather, he was charged with disorderly conduct, which is aimed at protecting the public peace.  Mauz may have won this particular battle, but if he continues to engage in the offensive behavior aimed at his neighbor, he may end up losing the war.

This case again highlights that good neighbors are a treasure – make sure you let them know how much you appreciate them and strive to reciprocate with your own kindness and respect.  Otherwise, you might end up with a relationship like Mauz and Battistini – and that kind of animosity often ends up in court proceedings.

Back to Top


News  |  Living  |  Sports  |  Schools  |  Churches  |  Ads  |  Events
Military  |  Columns  |  Ed/Op  |  Obits  |  Archives  |  Subscribe

Last modified: 07/13/2015