1930 Wilkes-Barre Record Almanac, Luzerne County in 1929 The most important event in 1929, affecting Luzerne County as a whole, was the decision in the coal assessment case, handed down the latter part of September. The preliminaries in the case are noted on the record Almanac for 1928. The appeal to the Supreme Court was from the decision of the Luzerne County court en banc, reviewing Judge Fuller’s ruling in the Lehigh and Wilkes-Barre Coal Company’s appeal from the assessment of its coal property in Newport township. The court en banc had reduced the assessment on both properties to the extent of twelve and one-half per cent. It was hoped that the Supreme Court would render a decision that would permanently settle the coal assessment controversy, which had remained in abeyance for at least a quarter of a century, despite several decisions by the Supreme Court. Instead of establishing a comprehensive standard for the valuation of this kind of property the Supreme Court sent back the cases for reconsideration, with only a general outline as to what should be done. In previous decisions the higher court had said that the market value of coal land at bona fide sales should be the exclusive guide, but the question constantly arose as to what was reliable market value. It was stated that since the mining companies had almost a monopoly of land underlaid with coal, and owners of small parcels could not sell in an open market, the sale prices did not represent a fair value. In its latest decision the Supreme Court says that in arriving at a proper estimate of market value tracts of land instead of small parcels should be taken into account, but the most important part of the opinion was the introduction of a new basis for valuation – that is, the value of coal land should be judged by economic conditions affecting the sale of coal. Since anthracite had come into competition with bituminous coal, oil, coke and electricity, these factors affected the anthracite market and the state of the market affected the value of the mineral in the ground. The case was sent back for another review by the local court on the basis of the Supreme Court’s instruction. The taking of new testimony in the Luzerne County court was begun in November, preparatory to another review of the case by the court, and, probably, another appeal in the Supreme Court. In the case wherein the tax collector of Sugar Notch borough had levied upon Lehigh & Wilkes-Barre breakers and coal in cars for non payment of the full amount of the tax levied the Supreme Court decided that the tax collector was in the wrong, on the ground that the act specified that a levy could be made only upon the property of a person and a corporation was not a person in the meaning of the act. The only process now available is the sue a delinquent company in civil action. The higher court’s decision on the assessment cases created worse confusion among county and municipal authorities. They had received from the companies twenty-two per cent of the taxes held back, on condition that the money paid would be refunded in the event that the court decided that the taxes were excessive. Even with this allowance many of the municipalities were in a bad way, unable to meet their running expenses. In his opinion Justice Kephart had lectured the authorities for alleged extravagance and intimated that they should be able to get along as well without coal revenue, as municipalities that have no coal taxes to depend upon get along. Nevertheless, the municipalities were accustomed to the coal tax and in view of the non payment of considerable sums pending a final decision there was great complaint. In some places salaries of school teachers were long overdue and other bills were far behind. Since the Supreme Court had made it clear that there should be a further reduction of coal land values to conform to changed economic conditions, there was much anxiety for the future. -------- An affair of absorbing interest in the upper part of the county during the year was a continuation of the fight against the Scranton Spring Brook Water Company’s application for an increase in rates, which began the early part of the previous year. No subject within memory had stirred the people as intensely as this controversy. Practically all of the communities in the Wyoming Valley are patrons of the company and many thousands of people are interested. In December 1928, the State Public Service Commission granted the company the right to increase its rates twenty-five per cent., pending a final decision, the increase to be retroactive from July 1 and to continue unless otherwise ordered. Many consumers refused to pay the increase, and many refused to pay any part of their bills, despite threats of actions in the courts. The company added penalties for non-payment to the bills and these further angered consumers. During the entire year at intervals hearings were held before the Public Service Commission, mainly the testimony of engineers on both sides regarding the value of the property. Volumes of evidence were taken. The figures differed widely, witnesses for the consumers contending that the aggregate value should not exceed $22,966,287 and witnesses for the company contending that the real value was $52,152,140. The contest on the part of consumers was financed by contributions made by the County Commissioners and municipalities and school boards, together with aid from private parties. Earlier in the year the fight assumed more interesting phases. The company announced its intention to shut off the water from consumers who refused to pay their bills and the authorities in a number of municipalities stated that they would not grant the company the right to tear up streets in order to get at shut-off connections. Finally a decision was rendered by Judge Fine restraining municipal officials from interfering with the company employees, holding that the law was in the company’s favor. Still, a number of officials held that the permits were necessary and they refused to grant them, and any other cases were instituted with the same result. A nasty situation developed. In scores of cases water was shut off from premises but in many instances a group of people turned the water on as soon as the company’s men had left. For some time the company granted a truce to give delinquents another opportunity to pay but aft her the period of quiet the shut-off operations were resumed. During the Summer several hundred people journeyed to Harrisburg in automobiles to make a demonstration before the Public Service Commission. During all the time a group of citizens conducted a campaign throughout the valley on favor of municipal ownership and operation and most of the municipal authorities pledged themselves to go along with the proposition. Speeches were made in all of the towns and the people were urged to petition for their councils co-operation. Nothing was done in this affair except to continue the agitation. Towards the close of the year testimony before the Public Service Commission was concluded but a decision was not expected for several months. The municipal ownership project was held in abeyance. In November the water company applied to the court for an injunction to restrain the Consumers’ League and other persons from interfering with the shut-off operations. Judge McLean suggested that a private agreement be reached by which the company would agree to accept payment on the old rates until a final decision but the company’s attorneys announced their refusal. The application for the injunction was renewed. ------ Weather for the year. - The Winter of 1928-29 was ushered in December 21 with a temperature of 21 degrees in Wilkes-Barre. Christmas weather was moderate and clear and New Year rainy. The Winter was not severe but there were some decided cold spells. January 14 the thermometer in Wilkes-Barre registered 14 degrees above zero. A good quality of ice was cut. March 7 the river rose to 28.3 feet and the lowlands were covered with water. The early part of Spring had a number of unusually warm days. On April 7 the thermometer registered 88 degrees in Wilkes-Barre. April 16 blizzardly weather and snow set in. On the 22nd of April rains and thawing sent the river to 26.5 feet, the highest it had been in thirteen years. Thousands of people were in great anxiety for fear of a serious flood. Street car traffic had not stopped between Wilkes-Barre and Kingston but it was halted in the vicinity of the stone bridge in Forty Fort. Much damage was done to Kirby Park by culm and silt. During the Summer a fill was made along the edge of the part at the lowest portion and it was hoped that this would help to keep out some flood water. May 3 the river went up again, registering 17.2 feet. Spring was rainy and cool and frost did considerable damage to fruit blossoms. The Summer was warmer than the average, with some unusually hot spells, the thermometer getting close to the hundred degree mark. During the latter part of the Summer a severe dry spell was experienced. Crops were considerably damaged and in some parts of the county there was much anxiety over the scarcity of water. The spell was broken by heavy rain in September. ------ As in the previous year, the school board ousters continued to occupy the attention of the courts. Nothing along this line had occurred until the famous Hanover township case, in which the directors and a contractor were sent to jail, and this event seemed to start things going. In January the court ousted five members of the Exeter borough board on charges of having violated the school code and their successors were appointed. In April petitions were presented for the removal of five members of the Jenkins township board, alleging violation of numerous sections of the school code, and such action was taken, five new men being appointed. In February the first conviction in many years on the charge of embracery, or attempting to influence jurors, was secured. Three men were charged with attempting to influence jurors who would serve during the week that members of another Hanover township school board were slated for trial. The defendants on the embracery indictment were sentenced to pay a fine of $500 and jail for one year. In March four ex-members of the new Hanover township board, together with a contractor, were convicted of conspiracy to defraud in connection with a contract, the members previously having been -ousted from office. -------- During the year the Anthracite Cooperative Association continued with its efforts to boost anthracite, with apparently good results. During the Summer there was much slackness in the trade and miners were on short time but during the latter part of the year maximum mining was the rule. Merchants and business people were heartened by better times. Sale of the Lehigh & Wilkes-Barre Coal Company’s mines to the Glen Alden Coal Company was a feature of the year. The bill for repeal of State tax on anthracite, in which the whole region was interested, was signed by Governor Fisher in May. The bill provides for reduction of the tax by one-half of one per cent each year for three years. It was hoped that this act would relieve some of the prejudice against anthracite in the outside markets. ------- Reorganization of the Greater Wilkes-Barre Chamber of Commerce took place during the year after a number of community meetings in which the need of stirring up things for a more progressive attitude was emphasized. The name was changed to the Wilkes-Barre and Wyoming Valley Chamber of Commerce and Howard Strong of Philadelphia was elected general secretary. Col. Ernest G. Smith was chosen president and he organized a number of new departments and started them to functioning. A well known firm of community engineers was engaged to make a careful survey of the city and vicinity to find out what the community was best adapted for I the industrial line, what (page 20 missing)