TUESDAY. JUNE 18.1912 WHY PAY MORE? in Peanut Braids. Canvas and Wash Rag Hats at the lowest prices. Have you visited the unique shop of high quality and low prices? We can save you money. c 3 Monroe St. ' Walk Over Shoes NEWS We have just unloaded the 'llllllil llllltlli lll’llllllll The "Olmes Milliuery JlFOiiowins is the opinion in fun Ill l’___ll__lllllllll Blit We are selling the latest designs Received by the Attorneys in Norwalk. Today, and is Inter- esting Reading of idge Thayer in the suit of the bridge [committee against Kate H .Podmore, et al., and which will prove interest- ing reading in connection with the new Washington street bridge: Town of Norwalk vs. Kate ll: Pod- more, et al. Supreme Court of Errors, Third Judicial District, Bridgeport, Ap— ril Term. 1912. Application by the town of Norwalk lectmen concerning said bridge or said ' phark. or the appurtenances thereof. or of said bonds, are hereby suspended until said public works are completed under the direction of said bridge construction committee and open for public use " The seventh section provides “Bald bridge construction committee shall. during its continuance in office . . . . have sole control of all litigation by area behalf of or against the town. concerning all matters connected with the construction and maintenance of such bridge. deviation bridge. park.» and docks, the issue and sale of said .bonds. and the payment of all obliga- tions of the town concerning the con- stl'uctIOn and maintenance of the same, or any of them, and concerning all liabilities of the town relative thereto, to the exclusion of all other authorities and or all other officers or agents of the town." f . Norwalh's Leading Dry Goods Store 8 and 5 Gazette Building, Norwalk. Connecticut HAMMOCKS LOW PRICED Right at the beginning of the Summer Season we offer FANCY WOVEN HAMMOCKS . in re variet 0 colors nd tterns each corn lcte with valance. 4 . first cargo of coal to come for the appointment or a committee Section nine reads "Said bridgeand 3. g _ at , y f , a pa , p ;; 5 into this harbor since the r e- They to assess the damages suffered by the 1...”. are hereby declared to be of Beginning With a very special value at 75c. ‘1 1 . are ad- defendant“ mm ”‘9 mm"; "1 the” Public "50 and necessity. and 1119 331d Wc have them at various prices up to $6.00. cent cos troubles. Coal is mittedly land for bridge and park purposes an new bridge is hereby established and now selling at a greatly re- der :1 special act of the legislature. brought before Hon. William 8. Case, laid 0111 according to the layout of the the leaders of the world. M. Josem & Sons WINDOW SHADES TO ORDER Is one of our specialties. same heretofore made by the select- men of the town, now on tile in the town clerk's office, and the said park duced price—although not a judge of the Superior Court, who as low as in former years. iupotl motion dismissed the application. We will gladly furnish estimates on a single window, or for the Two Stores. 195 Washington Bridge: This is fresh mined, bright 00!! of fine quality. 1 Boston St. THE TALE or Two'vsssELs. An earthen vessel and a brass ves- sel ware floating down a stream. “Keep close to me," said the brass pot. "There is safety in numbers" “Not I.” said the cuithen pot, "your brass sides might crush my . . more fragile ones." Moral: Choose your company care- fully. The very highest prices paid for brass and other metal by “ G. YOURDISKY Ely Ave. South Norwalk TEL. 912. lc a pound for rugs. the vcry best prices for feather beds. ‘_.\W‘\‘\“-\‘\‘\-\‘ .‘l -lW./-1-s-i'r '1- ’ .CONNEALLY 8t BRACKEN \. H. Dainty White Shoes “for Women and Children Buckskin or . Canvas Oxfords. Pumps, High Shoes for R. Alexander, the reliable man, who pays highest prices for rugs. ruli- bers. metals, paper and feather beds. Also buys and sells second-hand turf niture. Call up or write R. Alexander Tel. 21 Raymond 8t. P. S.——I have no man working for . me. Watch for my sign on wagon. You’re Wise Charlie, Aren’t You? Mother: Charlie. you' re wise. It alnt you? What did you send that n junkmnn in here for when i told you ‘ to telephone till for Win. Effron. 35 ':\: Fort St, East Norwallt. who pays~1c ‘ lb. for rags and better prices for rubber metals and feather beds than hostility a“ BRACKEN 8: Washington St. Tel. 363- 4 . Jib . .0. anyone else. , Charlie: What difference ,does it make? Mother: What difference does it make if you asked me for an orange and 1 gave you a lemon. You know right well than we live in a good lo~ cality and we don't want bells dang- ling around here. and Wm. Effron doesn't go around with bells nor come to the house unless sent for. Next time watch for the sign. 35 Fort St. and you will learn something. Spruce Up a’ Little After housecleanlng don't put all -the old furniture back. if you can't lafford to buy a lot get a lititle. Full . line of new and second- hand t.urnlture .1 . Secondhand furniture and stoves our friends and customers When bought and exchanged. are in market for Furniture call M. Gutkowsky isiso' 180-191 Washington St. Tel. 410 I..- . ADVERTISE YOUR‘ SUMMER COT- i TAGE Now. 4‘ Hundreds of people are making you want your "business" to be their plans for the summer, and the . . iso ownei will see that they read his .. tsut r h min“ b t 3" 3.. Sentintele"t\::nt" Ada on it 'to let advertisement in The Sentinel. ‘ is thy Av... south Norwslk ’cvins FOR A RAINY‘ DAY, ‘ THE Nscsssnv of a Savings Bank Account is, ~ Proverbial Email Accounts are welcomed at . fwouth Norwalk Sayings Batik sy evenings. mould liturgdlsys at noon. l The applicant appeals alleging error in dismissing the complaint. Error. .lohn J. Walsh for the appellant. John C. Chamberlain and Lco Dav- is for the nppellccs. ’l‘buyer. J. This is an application by the town of Norwulk for the ap- pointment of a committee to assess the tiefcudanis' damages for land tak- en for bridge and park purposes. The land taken is within a layout of the bridge and park referred to in an act of the legislature entitled An Act (.‘onct-ruiug it New Washington Street. Bridge and Park in the Town 01' Nor- walk and the issue of Bonds. There- for. Special hill-Vii, 1911.490. Tlit- up lillt‘illlit‘ll was brought by the bridge ctiiustruclior committee as agents and committee of the loan and alleges 111.11 thc town acting by them as its Lllktllié mid (Ulnlllillt'li‘i has bi‘t‘ll llll shit to more with the defendants as to the damage sustained by illcm by thr- . lay out or the bridge and park. with ’ in with it tho defendants 'land is [ l 'tlutltd and for which it is i'cqulrcd. \ motion to dimiiss thc application. upon 'lic ground that the only author- il)’ to '1 MN" inch on application is vcstcd in the sclcctmcn of the town and that the bridge construction com- mittee possess no power in the matter of condemning land for «the uses of said bridge or its .npprouchcs. was granted by the judge to whom the ap- plication was made. The only question raised by the up pool is whether the bridge commis- L sinners have the power to'nct as agent lfor the town in a proceeding of this character to take land for the bridge or its approaches. That they have such power where the land taken is for the park is not questioned. The act in question empowers the town of Norwalk to construct an ci- penslve draw bridge with approaches thereto, over Norwalk river in place of an existing bridge and to acquire and own the land therefor; also to es- ‘tablish, lay out, improve and maintain ‘n park and to cocaine and own the land l therefor bclng land which is tiescrib- cd in the act and which adjoins the bridge and its approaches. it is provi- ded in section 2 that "in case the town of Norwalk cannot agree with the claimants or the owners of land ‘or buildings within the limits of the lay- out of said bridge, or the approaches thereto, as finally adeptcd, or said park, or can agree with some and not with others, as aforesaid. said town may proceed to condemn the land or buildings within said layout and said park in accordance with the provisions of the statutes relating the comic-mum ' tion of lands for highway purposes." The fifth section provides that the “bridge construction committee and their successors, shall he the sole ug- ents and committee of the town. . . . with full power to construct said bridge and its approaches . . . and may acquire. for the use of the town or for the use of the contractor, lands or rights for a deviation bridge for the temporary accommodation of truv- el . . . and said committee shall be the sole agent. of the town for ac.- quirlug the property and the rights for said park . . . and may sell and dis. pose of the present bridge and draw. and all buildings on land‘acquli'ed [or said bridge or park, and subject to the provisions of this act, may prescribe the form and condition of said im- lprovem-ent bonds. (provided for by the the proceeds of said not) determine the rate of interest which they shall bear, and may sell the same, depositing the proceeds thereof with the treasurer of said town and may make payment. out of improvement bonds, from time to time, by its 01‘- ders upon the town treauirsr, for any of the expenses of said work . . . and may authorise and perform all things incidental to still work; and the or- tiers of said combines uphli the true ' um ‘ot into town shalt be honored and .psthIly said treasurer as though the limo were malls by the relentless or ssld'town. and all powers of the se- in“ is hereby established and laid out with the boundaries herein described.” ilt thus appears that at the time the act was passed a lily out for the bridge in question had alroaly been made and was established by the act as being of public use and necessity. entire house. for further proceedings according to law. in this opinion the othcrjudgcs con- nnd that the park was also establish- ’curred. ed with the boundaries stated in the act. it. was a large public improve- ment, the act authorizing an issue of bonds to the amount of $260,000, by the town to pay for it. It was not an ordinary work of the town, such as falls within the usual duties of its se- lcctmen but was extraordiniiry and not likely to be completed within the official term of the existing board or sclectmeli. The act expresses the pur- pose to remove. this entire matter rc- lnting to the bridge and park from thc agency of the sc-leclmcu and place it in charge of a special committee which is named in the act. Selectmen in laying out u'fiim act as am hits of the law but in pro .cecdiugs to determine the amount of the tovin a liability for flu- lnnd lnkeu they mt as agcuts of the town. Mal- lory vs, Huntington M t'oun. 58.101. The legislature by the sections of the act quoted took away from the select,— men and suspendcd, all their powers to act for the town of Norwalk concern lug the bridge or park until the work shall he completed and open for pub- lic use. What remained to be done after tlie act was passed was to ac- quire title 10 the land within the lily- outs nnd construct the contemplated work. lt.ls true that the power to ac- quire land for the new bridge is not in terms given to the bridge commit. tee while powerio acquire land for the park and the deviation bride is‘, but the)! were appointed sole agent and committee for the town so construct the bridge and its approaches and giv- en power to authorize and perform all things incidental to the work. The ac- quiring title to the land was inciden- ital to the other work. for the latter could not proceed until the land was acquired. it is said that as the power to instltbte proceedings to acquire title to the land is not expressly giv- en to the committee it remains with the seiectmeu rind that they were the proper parties to make this nppllcm tion. but all their powers concern- ing the bridge or the park or the ap- pm-tenances are expressly suspended and thus taken away. it seems clear that the legislative intent was to give to the committee the powers thus ink- on from the selectmen. It is said that in condemning land for highway purposes the General Statutes make it the duty of the sel- ectmeu to make the application for up- pointmcnt of the committee and that. if there is nothing in the act in ques- tion which takes their powers away and confers them upon the committee. the power remains in the se-lectmen. We thlllk us already indicated that the act takes away this power from the selcctmen and confers it upon the committee. For the ascertainment of damages for the taking of lsndthe pub- lic statute provide a different process where the land is taken for a park from that provided where it is taken \for it highway, the former case being governed by Public Acts. 1907. Chap :ter 121. and General Statutes section 1409. 1410: the latter by General Stat- utes, section 2054. The applications are to he made to different tribunals. By the prbvlslona of section two of the act now under consideration the application in both cases is to be made as in the one of taking land for high- ways thus avoiding two proceedings where as In the present one a detour dent's land is taken in part for park and in port for highway purposes. With full powers given to the com- ’ mlttso to conduct the litigation after the application has been made no res» son appears why the poster to make the application should be left in other bands. . There was error in dismissing the application and the case iii remanded- AGED MEN LEAVE PRISON. HARTFORD, Juno 1k.»~.lohn Haw. ley, who was granted a pardon Sat- urday, left the state prison at Welh- eraiicld yrslerday for his home in Shelton. He served twenty years for murder. llo claims he never coul- mitcd the crime ior which he was im- lirisiuetl John 1‘. Warren. of Mansfield, who has served Bil yours in the prison. will icon 101' homo \\‘odncsdiiy. 11c insisted upon teaching another pris- (111' r bow to cure for the flowers and vci'clnblcs bctorti hc departed. THROWN FROM A BICYCLE. Heine Shsvsky Riding in Fairfield Avenue Hurt. A little lad named licinc Shavsky met with u peculiar and painful ac- cldcnt this morning while riding down b‘nlrticld avenue perched upon the huudlb bars of a bicycle which: was being propelled and guided by the young son of Mr. and Mrs. J. Abrubums. 'ilio pair were spinning along at a lively rate when the front wheel struck a stone. cruising Muster Abraliams to lose control of the blcy. clc. The Shavsky boy took a header and landed on his face with consid- erable force. He was picked up with bleeding face and unconscious by Sub- stitute Leltcr Farrier Harry Hubbell and hurried lo the offices of Dr. Jean liulnortier. who revived the lad and dressed his wounds. He was not ser- iously injured. ‘ ‘ i Tho monthly business met-ting of the Norwslk Building, Loan and in vestmcnt association will be held this evening in the Taylor is Golden ofllces. in the South Norwalk Trust Company ' Banding ill Washington street. . | -_.._.._..._,.. Mr. and lirs.1.nusing Odell have returned home from their honeymoon trip. . l I SPECIAL ‘ TOMORROW Oleomargarine, Daniel 0. Burns’ 20c lb. Native Berries 2 qt 25c Lettuce. 8c head. Chopped Beef 2 lb. 250 The beers Meat. 85 Provision Co. l3 - 15 Main Street. Norwalk- 22 West Washington St.. South Norwalk Phone at Both Stores“- Gigantic Shoe S e Gains 0*! M George 'Keeler’s Shoe Store iii , i ii One of our Quaker and Household it , e»? Ranges todist Church and which contained one 180 Washington It. ‘ :\:m\‘\‘\‘\‘\‘\-\-\ \“M\.\. Established 1868 Established 1868 H.Krieger & Co. West Washington Street YOUR HOME FURNISHED . COMPLETE l 0N EASY TERMS ,vo .\ ‘\‘\‘\;—\‘g‘ x- \_‘\v‘\"\,‘ 3. \. n. ‘,"-,"-/'-1 a, '1 '1- '1'. U './.I We have just received a new Consignment of RUGS in all the room sizes. Velvets, Axmlnsters Nopherhems. Tapestries. Body Brussels. all new Designs for Fall. > \‘~,‘\‘~‘-,‘ 1 1-1-4-,'/-‘~ U -1- ‘1‘ I Come in and let us show You one of our Leonard Cleanable Refrigerators t a- x- \‘t it}. x- ‘7. \u \ ‘ x ‘ x w. x}. 1‘ \,‘\‘ ,'U "7- ‘-," 'U - n D >‘ \U I Get one of those Famous and handy Hoosier Kitchen Cabinets. ‘3‘ \"~ ‘ /./- '1']- a ‘.“.“.“.-‘-“ O ‘ v 1 will make 11 Kingdom of Heaven out of your Kitchen. it 1.1 “““.“‘ ‘\ -\‘\‘ W.\‘\-\-\‘\‘\.\.\‘\‘\O ‘\-\‘\‘\.\ -1-,-1-,-,- - U W'1’.I~,U1- U U U/U -,'/ U1-1'1'1' -/ ~-.——.. -———-— lllllll Ill lllll ililiil WALL STREET. 11 a. ins-+10 price changes of note occurred in the first hour. which (was marked by the dull- ness utlcudant upon impending .de- vrlomuents. Such a light trend as the market evinced was mainly down- card. Vacation days are drawing nearer; are you prepared with the right kind of cool. ,comfort- able. stylish \vcarabies neces- sary to make your stay while away the pleusantest? Norfolk Suits .. 015.00 to $20.00 Blue Serge Suits $15.00 to 825.00 Our $15.00 “Clotheraft” lllue Serge is considered the best value in the United States. Shirts ......... 01.00 to 03.50 Straw Hats 82.00 to 05.00 Panamns ...... $5.00 to 08.00 Belts 500 to $1.50 Bathing Stilts . . $2.00 to 04.00 Washable ibin-Hands 25° to $1.00 ll Mrs. Joseph Vogei of New York city came to South Norwalk yesterday and identified as ther's the handbag which was found recently oppdsite the Meth- hundred dollars in money and jewels. Mrs. Vogel left with Chief of Police William Pennington five dollars to be equally divided between Masters Hen- ry Spear and [he stlshthe boys who found the ties. Unless what you want is a vary on usual thing. you will find a Sentinel Want Advertisement in this issue rs- lstlng to it. . Joseph Davis l6 Washington it. Tel. Con.
Norwalk Chronicler