Montrose – Charles F. Watrous, one of the first to enlist during the Civil War, died on March 2, 1917.  He was born December 17, 1836 on a farm in Bridgewater.  When the call to arms came from Lincoln, in 1861, he was so stirred with patriotic fervor that he immediately enlisted.  This was on April 25, 1861, shortly after Fort Sumter had fallen.  He served his enlistment in Co. K, Twenty-fifth Regiment, Pennsylvania Volunteers, and later re-enlisted in Co. B, Twenty-eighth Regiment, serving until he was honorably discharged.  He returned to the homestead farm and in 1891 moved to Montrose.  He served 20 years as tipstaff in the county courts.  He was a faithful member of Four Brothers Post, G. A. R., being an energetic worker in caring for the graves of comrades on the annual Memorial Day.  He was responsible for organizing the G. A. R. Post in attending the funeral of a veteran, who wore the grey, as a fitting tribute to the valor of the brave southerner.  The Post marched in a body to the funeral, under the stars and stripes, which the reunited armies of ’61-’65 now love. The sentiment shown was appreciated by the family of the deceased wearer of the grey, coming as it did spontaneously from the hearts of the stalwart boys who wore the blue. At Mr. Watrous’s funeral the G. A. R. Post, Capt. Beardsley Camp, Sons of Veterans and Dr. Ellen Mitchell Tent, Daughters of Veterans, were present in a body.  ALSO Henry Battles died at the home of his brother, George Battles, on Locust street, Tuesday March 6, 1917.  He was a son of the late George Battles, Sr., and prior to his illness had lived in Binghamton.  A wife survives, and one daughter, Mrs. Archie Berg, of Montrose.

Susquehanna – George W. Shaeff, former postmaster of Susquehanna, died in St. Petersburg, Florida, Tuesday evening.  Mr. Shaeff had been the owner and publisher of the Susquehanna Transcript and Ledger for about 14 years. ALSO Matthew Anderson, aged 91 years, died at his home here on Friday evening, March 2.  The deceased was formerly an Erie engineer, having retired from the service about 30 years ago to engage in farming. The Masonic ritual was conducted at the grave, in Grand Street cemetery, by Canawacta Lodge, F. & A.M.

South Montrose – To Mr. and Mrs. Leo P. Donahue, of this place, March 5, 1917, a son—Robert Patrick.

Forest City – Editor F. T. Gelder, of the Forest City News, has announced his candidacy for prothonotary on the Republican ticket.

Franklin Forks - The death of Jacob Palmer occurred Wednesday morning, very suddenly, at the home of his son, Charles, of this place.  Mr. Palmer was widely known and respected by all who knew him.  He was a Civil War veteran and member of the G. A. R. of this place.

Jackson – And it is some winter.  On Monday, March 5, the record was eighty days of sleighing in this place.  ALSO A number of new books have been recently added to the Jackson public library.  This is one of the largest circulating libraries in the county.

Brooklyn – The subject for discussion at the Parent-Teacher meeting at the school next Saturday afternoon will be “Immorality in the Schools, and How to Cope With It.”  Every parent should make an effort to hear this discussion.  Come and be prepared to ask questions.

Harford – The many friends of E. J. Whitney, who had both legs fractured in Harford’s fire, will be glad to know that he is able to be about his house, having returned from the hospital, though still unable to leave the house.  He is able to direct his undertaking business, through assistants.  Mrs. Whitney is yet in the Moore-Overton hospital but expects the plaster casts can be removed this week. ALSO A new quartette was organized and they give a pleasant “serenade.”  Members are as follows: Clarence and George Richardson, Reuben Rushworth and Bruce Hawley.  With a little more practice they will be able to play very difficult music for all occasions.

Springville – A genuine March blizzard today.  We are seeing more snow now than altogether before this winter.  But ice is plenty.  Some of the ice cut this winter has been from 24 to 25 inches deep on the ponds.

Middletown – James Conboy had the misfortune to have three of his valuable sheep killed by dogs recently.  “Jimmie” killed the dogs.

Upsonville, Liberty Twp. – Charles McKinney has presented his wife with a fine motor washer and engine.

Glenwood, Lenox Twp. – S. S. Marcy and Alden Hinkley are kept busy these days shoeing horses and repairing wagons, etc. at Marcy’s blacksmith shop.

New Milford – Chester S. Vail, one of the most enthusiastic orchardists in this county, has prepared the ground for planting 150 more apple trees this spring.  Mr. Vail already has several hundred young trees that should come into bearing in another year.  He takes great pride in his orchard and if nothing happens he will soon reap the reward of his hard work.

East Rush – The Ladies Aid of this place met at the church and tied a very handsome quilt for our pastor and wife.  The dinner which the ladies served was well patronized by the people in this vicinity and some from other points.  It was remarked by outside parties, that if you wanted a square meal you were sure to get it at East Rush.

News Brief: Pennsylvania suffragists announce that they are particularly elated by the granting of suffrage in Ohio, because in the past it has been the rule that black states, that is, states not having granted any suffrage to women, follow rapidly the example of adjoining states. ALSO A couple of years ago the country was agog with excitement when Henry Ford stated that he expected to make 300,000 automobiles in a single year.  Since last August the Ford factories have turned out over 320,000 machines, and still they are unable to make as many as the country is demanding. The Ford company is urging all who want machines to buy now, so as to be sure of getting early deliveries in the spring.

200 Years Ago from the Montrose Centinel, March 9, 2017.

*Married – On the 6th instant by Joshua W. Raynsford Esq., Mr. William Reynolds to Miss Susan Cotton, all of Bridgewater.

*The number of ardent spirits, of foreign and domestic manufacture, consumed annually in the United States, is little short of 34,000,000 gallons!  In 1810, when the last census was taken, the amount was ascertained to be 33,365,529 [gallons].

*Rising Prospects of the West.—A Mrs. Crawford of the vicinity of this place was a few days ago delivered of three fine boys, who are all living and likely to do well.  Tyrants ought to tremble at the idea of so many free born sons.  West. Spy.

*SAYRE & MULFORD Want to purchase a quantity of SALTS of ASHES to be delivered at their store in Montrose.

A few years ago, my family and I were vacationing in Virginia and the resort where we were staying had a children’s outdoor rope course which ended with a short zip line ride back to the starting platform.  The safety precautions were pretty impressive, helmets and vests with a tether that was clipped to a safety rope that ran above the child’s head throughout the entire course.  As I was signing her up to participate, I had to execute a waiver form that essentially said I was releasing the resort from any liability in the event that my daughter was injured, maimed or killed while participating in the attraction.  You have probably encountered similar waivers for yourself or children over the years – and you have likely wonder whether they are enforceable.

The Superior Court recently considered one such waiver that was included in an application to join a fitness center.  Charles Toro had joined a local fitness center and his membership packet included a waiver where he acknowledged the dangers associated with physical fitness activities.  In executing the document, Toro released the fitness center from any liability for loss, injury or death caused by the fitness center’s “active or passive negligence.”  Well, Toro wanted to join the gym so he signed the document – and later was injured when he slipped on a puddle of soapy water in the men’s locker room.  Toro filed a civil lawsuit to recover for the injuries that he suffered – and the fitness center responded by asserting Toro’s negligence claim was barred by the waiver Toro executed as part of his membership application.  The trial court agreed and dismissed Toro’s claim, and Toro then appealed to the Superior Court.

In order for such a waiver to be valid, the Superior Court noted that three elements must be present: (1) the release cannot violate public policy; (2) the release must relate to solely to matters involved in the parties’ private affairs; and (3) each party must be a free bargaining agent, i.e., have the ability to walk away from the table if they did not agree with the terms of the agreement.

As to the public policy prong of the test, the Superior Court recognized that such contractual waivers can violate public policy if they “involve a matter of interest to the public or the state [such as] the employer-employee relationship, public service, public utilities, common carriers, and hospitals.”  Courts are reluctant to find that such contractual releases contravene public policy unless there is a “plain indication of that policy through long governmental practice or statutory requirements, or . . . violations of obvious ethical or moral standards . . . .” 

Toro attempted to argue that a strong public policy interest was implicated by the fitness standard release that he signed, namely the public’s right to “health and safety.”  Toro noted that the Pennsylvania Supreme Court had previously voided a release signed by a tenant where the tenant was injured when the landlord failed to install a fire escape.  In that case, because there was a statutory requirement that a landlord provide a fire escape, the Supreme Court found that any waiver that purported to relieve the landlord from liability for violating that mandatory statutory requirement was a violation of public policy.  The Supreme Court concluded that the waiver was not enforceable and the tenant was permitted to proceed with the civil action against the offending landlord.

In Toro’s case, however, the Superior Court, found that the waiver provision did not involve any public policy issue: “Where, as here, an individual is engaged in a voluntary athletic or recreational activity, the Supreme Court of Pennsylvania has held that an exculpatory clause in a contract for use of facilities is not contrary to public policy.” 

Toro also attempted to argue that the waiver was an impermissible adhesion contract, i.e., there was no equal bargaining power between the parties and he had no choice but to sign it.  The Superior Court likewise rejected this argument: “[A]n exculpatory agreement involving use of a commercial facility for voluntary athletic or recreational activities is not considered a contract of adhesion because the signer is under no compulsion, economic or otherwise, to participate, much less to sign the exculpatory agreement, because it does not relate to essential services. . . .”

Thus, the Superior Court determined that Toro’s waiver was valid and enforceable and his civil lawsuit was dismissed.  This quick summary gives you a general idea of the framework utilized to determine the enforceability of these advanced waivers or releases that you often encounter in connection with participation in activities that may pose some risk of injury.

Can e-cigs help you quit?

Mark, 45, is a heavy smoker who goes through a pack of cigarettes per day. His physician gave him a prescription for a pill that is used for smoking cessation. Mark stopped taking that medication after experiencing terrifying nightmares and suicidal thoughts. After that, Mark quickly resumed his nicotine habit. He asked the pharmacist whether or not electronic cigarettes, or e-cigs, were a good way to snuff out his dangerous habit. His son, 17, has been vaping for 6 months and says it is “totally safe.” The pharmacist explained that 2 new studies have surfaced that appear to contradict each other. One study found that e-cigs can be a safe and useful tool for quitting smoking. Yet, the second study suggested that e-cig use may actually lead to tobacco dependence.

The first study, published in Annals of Internal Medicine in 2017, looked at levels of nicotine and the various toxins and carcinogens typically found in tobacco smoke in 181 adults. All were current or former smokers, and some were using e-cigs or nicotine replacement therapy (NRT), such as skin patches, with or instead of tobacco. The main finding of this study suggested that smokers who traded traditional cigarettes for e-cigs had much lower levels of tobacco-related toxins and carcinogens in their urine and saliva than those who stuck with tobacco. However, the researchers also discovered that e-cigs supply about as much nicotine as traditional cigarettes and NRTs do. While nicotine is highly addictive but not linked to cancer, the chemicals benzene and cadmium, toxins found in cigarette smoke, are associated with cancer. Thus, e-cigs can apparently provide enough nicotine to keep users satisfied as they wean themselves from tobacco. However, even though e-cigs are about 95% less harmful to health than tobacco cigarettes, according to Public Health England, “safer” does not mean “safe.” This is because of nicotine’s ability to hook the smoker, and, consequently, negatively impact the brain, lungs, heart, and immune system. In addition, e-cigs also contain potentially problematic chemicals such as formaldehyde and acetaldehyde, may carry risks to the heart, and can explode.

Several studies in recent years have suggested that e-cigs may be a gateway product to tobacco use, particularly for teenagers. And the second study, published in the journal Tobacco Control in 2017, appears to reinforce earlier studies. Researchers surveyed 347 high school seniors about their e-cig use, and then followed up with them a year later. The disturbing finding: Teens who had vaped in 12th grade were more than 4 times more likely to smoke tobacco the following year than other adolescents.

Other reasons to keep kids from using e-cigs? Some research implies that nicotine may be more addictive in younger people and can prime the brain for addiction to other substances. This teen study revealed that 25% of high school students who have used e-cigs have tried “dripping,” that is trickling e-cig liquid onto a heated atomizer, which may expose them to higher levels of nicotine and toxins.

Why can e-cigs help adults, like Mark, quit smoking but entice teens into using tobacco? Because each group has its own reason for trying e-cigs, say experts. “Many adults start vaping specifically as a way to stop smoking,” says Richard Miech, Ph.D., lead author of the Tobacco Control study and professor at the University of Michigan. But the majority of teens try vaping out of a desire to experiment and because they enjoy the flavor of e-cigs. Vaping, in turn, may make them believe that tobacco is hazardous. The pharmacist explained to Mark that he was a good candidate for e-cigs. However, his son’s vaping habit may, in time, turn him into a nicotine addict, just as his dad is now.

Ron Gasbarro, PharmD, is a registered pharmacist, medical writer, and principal at Rx-Press.com. Visit him at www.rx-press.com.

Let me begin by saying, "I support our police officers at all level of government. To obtain the best outcome from any interaction with a police officer one should always be courteous, be truthful, and be compliant with the officer's instructions." That said, the following is a true story. It happened to me within the last 45 days. I relate this story because I believe it is an important anecdote of accountability, and it's a story with some odd wrinkles.

It started out like any other day. I'd no portent of the events about to unfold. The day was clear, warm, and sunny-in short, perfect driving conditions, especially for mid-January. In the course of my motoring I encountered the proverbial "Sunday driver." You know the type. The Sunday driver, not used to driving every day, tentatively and timidly crawls along at 5 to 10 miles under the speed limit. The Sunday driver is (seemingly) oblivious to the traffic stacking up in the wake of his snail-like pace.

The problem as I saw it was that I was the first car trailing and had already followed the Sunday driver for some two miles. I had at least another seven miles before a course change. Would the Sunday driver turn off before then? Would the Sunday driver somehow get jerked into reality and suddenly realize it was okay to accelerate to the speed limit? I was less than sanguine of either prospect. Hmm, what to do?

I knew that there was one stretch of roadway coming up that provided at least a quarter-mile clear line-of-sight opportunity for passing, I also knew that as the first car behind Sunday driver I was the only person in the growing gaggle to be so privileged as to take advantage of that opportunity. When our caravan reached the inflection point I took a solid two-second eagle-eye look to the far-distant point where the road disappeared around its next curve. The roadway in the opposite direction was clear. Yes! I executed a perfect pass: I moved left, accelerated, expeditiously overtook, returned to the right lane, and never looked back.

Five miles down the road I noticed a speeding vehicle rapidly closing the distance between my hind quarter and his front bumper. In what seemed like no-time flat "the speeder" was tail-gating me-just sitting on my bumper. I considered this a clear invasion of my space. In the lightening-fast calculations of my brain "the speeder" was transforming his identity into that of a pursuer. I accelerated to put a safe distance between me and the flagrantly forward pursuer now uncomfortably close. Nevertheless, he quickly closed the gap and sat on my bumper a second time. Knowing there was a steep, winding-and very dangerous-slope ahead, I gently decelerated and braked to maneuver the contours of the twisting decline. My pursuer finally gave me some room. I sighed with relief. A mile further I put on my right turn-signal and slowed to navigate the course change.

What came next I could have only imagined in a spy-thriller movie. I'd no idea how I had weirdly and mistakenly showed up in this casting call and scene rehearsal. The pursuer slipped directly in front of me on my right side as I was about to turn. As I amazingly came to full-stop without collision, "Mr. Pursuer" leaped from his vehicle, flashed a badge hanging from a lanyard, and raced over to my driver-side window. The gist of his communication to me was that I was instructed to pull forward to the side of the road. I complied.

So Mr. Pursuer was Mr. Policeman! At this point I should elucidate that he was in his privately-owned vehicle; he was in civilian clothes; he had no emergency lights or siren on his vehicle to signal that he represented law enforcement, and he didn't even have a ticket-book with him to immediately issue me a citation for my alleged infraction. He never identified himself by name, rank, or affiliated police department. Neither did he specify under what provision of the Motor Vehicle Code I was being charged with a crime, nor why it was so important he had to make this traffic stop in his privately-owned vehicle while he was not in an on-duty status.

Still, I complied with his request for my license, registration, and insurance card. He copied the data on my documents for issuance of a ticket at a later date, and promised me I would get a ticket in the mail in a week and a half. And he was "kind" enough to tell me what (in his view) I had done wrong-passed on a double-yellow line-and he asked me why I had done it. I remained calm, stated a fact that was entirely truthful, though perhaps not directly responsive to his inquiry. Yes, I knew enough to not admit guilt, lie, or debate the fine points of law with a police officer on the side of the road. I knew these options paid no dividends in either the short or long run.

Now, I know what a lot of readers are thinking: you're guilty and you got caught; just admit it. Um, no. Contrary to popular wisdom, Pennsylvania's Vehicle Code is unlike any other state. Under some conditions, it is entirely legal to pass on a double-yellow. I'm not going to parse the law in this column, but I'll tell readers this: If you are going to pass on a double-yellow make sure you understand the law, that you can execute the maneuver safely, and that you can defend your action in court if a police officer has an opinion that doesn't dove-tail with the law (or your understanding of the law).

Just over two weeks after my traffic stop I DID receive a ticket in the mail, just as the officer had promised. The officer charged me with "Careless Driving" under Title 75, Section 3714, Sub-paragraph (a), to wit, "General rule.--Any person who drives a vehicle in careless disregard for the safety of persons or property is guilty of careless driving, a summary offense." The Commonwealth wanted a grand total of $129.00 for this alleged summary offense.

In response I promptly presented myself to the court of proper jurisdiction and entered a plea of "Not Guilty." A week later I was notified that a trial date had been set for a date certain in February. At the appointed time on said date I appeared to defend (vigorously) against the careless driving charge. I was, of course, found "Not Guilty." The finale was a bit anti-climactic; the charging officer failed to appear at the appointed hour.

Being found not guilty is, of a certainty, always a relief even when one believes 100% in the strength of her case and that the judge in her wisdom will unquestionably see the elegance of the case presented. Just the same, I'll take the win by default.

Now the point of this story-keep calm at the scene, and know that you will have an opportunity in another venue, a court of law, to present your side of the story. Know also, that you have the right to question the on-scene-actions of the charging officer (later) if he has not followed proper police procedure. In this case, once I was found not guilty, I spoke with the chief executive and the police chief superior to the charging officer in the municipality concerned. They agreed that the charging officer, while technically a police officer 24/7, did not have authority (except, "in extremis") to make a traffic stop in his privately-owned vehicle while he was off-duty. In fact, the Chief explained that had the officer believed my infraction were so very serious, he should have contacted a uniformed officer in a patrol car to make the traffic stop.

The Chief went even further. He advised that in this day and age with scam artists and police imposters, motorists would be well within their rights-if stopped as I was-to keep their doors locked and windows rolled up, and to call 9-1-1 for a marked police car to come to the scene to take charge of the situation. An alternative strategy would be for a motorist to drive to the nearest police station or state police barracks-a scammer would be put off by that prospect and a police officer would be required to explain himself.

Ultimately, the charging officer has been issued a written reprimand in his service jacket for his inappropriate actions in my case. The charging officer was polite, and zealous-very zealous! But his actions were dangerous, and the outcome could have been very different had he stopped a motorist of different disposition. His actions were of such a nature that they shifted the burden of liability from the pursued (me) to the pursuer (the officer and the municipality in whose name he claimed to be acting). The officer is young, and he's being given another chance. It is for that reason I have not mentioned his name or the specifics of my case which would inevitably identify him. His second chance needs to be a real chance. I don't want to squash that opportunity.

We, as the motoring public are accountable for our actions, and we have dedicated police officers whose job it is to hold us accountable as they serve and protect. But accountability goes both ways. We the motoring public are likewise responsible for holding police officers accountable in those uncommon instances when boundaries of authority and order are over-stepped.

Support your local police; they're here to make our streets safe again. I specifically commend three police officers in three different municipalities who were stand-up guys, and stepped forward to ensure no miscarriage of justice proceeded from this case. They strongly reaffirmed my faith in our local police forces. Know the law; know your rights; drive safely. And beware the Sunday driver!