The shipbuilding productivity a the
L united States has inerem enormous-
'ly since the war began. All our ship
”mam both the eastern and western
seaboard: ‘sfre running at capacity.
Law L- AND A L‘ GOLDEN Five yards on the Delaware river are
» PROPRWS " now building 46 merchantmen, and the
3%.: New England yards show just as strik-
WEADANE§DAY JULY BALI. 1915 in; an outbreak or activity. A great
. shipyard is being built in Alabama,
imATLURLE ALMANAC FOR and others are projected.
'L L TOMORROW i Many oi these new vessels, perhaps
High tide 6}? as," 7:04 P 111. most or them, are for toreign nations.
ha rises 4 3 se ‘7 20' European shipyards are so busy now
with naval work that order: for trpd-
EVENING SENTINEL TELE-1ing vessels naturally come to use. in
PHONE CALLS. :spite of the higher cost of building
them here.
was Officer-93- The result is that the country is rap-
”Walk Brandi Office—1383. idly getting the best equipment it has
W3 RwaenCV-IZH'S- «ever had for turning out merchant
my 1Ed:§s Reimuice‘ (11:21. {craft of all types and slice. We shall
3-! silage '7 68 Asoon have facilities for building the
fighg’s Rnidmce—fio. great merchant marine that the bar
~ ' ’ Alton needs and wants. When the war
1 QERMANY'S LAST CHANGE , ends, foreign orders will tell oil and
, :1 {Lime “President's latest note to Ger-1our shipyards will be It“ to work for
L litany he the last. it is not “my to American shippers and help restore
> be phrased explicitly as an ultimatum, Aour’ilag t” “1913933- .,
find yet in effect it will prove to be! But will the shipyards get the 0rd:
L one it Germany does not yield era for American ships? That will de
it is more than two months 5111112199“ on “"11“ congress “1““ the
tseverity of our seamcnhslaw It is pos-
sible now, at war rates for transpor-
nvmmlo SEW
ESTABLISHED ‘BY ‘
Jonas echoes.
tile Lusitania was sunk. If we permi
northerly to hedge and shift as Ashe
hhas been doing. ignoring our represen» “mm' to operate ships under the L“
tattoos in behalf of the use rights or Follette law at a profit in the Europ
V
f neutrals and seeking to confuse the ban trade routes. Villen prices become
venue with irrevelant matters, it may ”0m“ 8'9““ m0“ 0! our ship owners
be years before the issue is settled Amay follow the example of the Pacific
1 Some progress has been made, to be
“11811119. since the Presidents note 0!! pro.
term was forwarded on May 13. The
mans have modified the stand their
in their first war zone proclaims.
.’l‘l1ey no longer wave away a!
fieutral ships and disclaim all resporl
ibility for ”ufifbrtu'nate accidents." POOR MAEN' SA HOTELS
The German revetment has reveré } A clean, comfortable bed 111 a clean,
,. ed its attitude and declared, in its note comlortablo room. a shower bath, a
101‘ May 31 that “it has no intention ‘clean night shirt and slippers and the
bi submitting neutral ships in the W111 use of shaving and other toi'ut uten-
wanna to attacks by a submarine.” alldAsils, 1111 tor the price of ten cents~~
in a subsequent note has given as- that is what ls~pro1nised by the Ruins
urahdeitm “American ships will not F. Daweiiilotel Association, which
A.be1hlndored in the prosecution of legi lens to establish achain or poo; mans
mate'LIshlppiog, smiths 'llvesfot Ant-’5 ostslriep-“in various cities 11.111111111111111»
can citzeus in neutral vessels shall Athe country. The first one is; being
not be placed in jeopardy " ,built in Boston.
. These concessions, however, are trill it is in no sense a charity. as the“
plat ill 05111111114801! With Will“ the U Adlufus Fearing Dawes hotel in Chicligo
B. has demanded as its inalienable is to some extent. That institution.
right under the law of nations, and built as u memoriul'to the son of Mr.
the conditions attending them are ill-Tillman, a. Chicago business man. 11bi-
tolbrable. We cannot “accept the ar- Apex-van as a sort or laboratory'ior the
mount restrictions on OWL commerce. Awerking out of a hotel to provide res
that Germany has prescribed in her pectable accommodations very cheap
at note Particularly we cannot toll 1? on a pay wbasis Mr. Daweil Add his
bate any more palterlng over the Lust assistants are satisfied that they have
tanla uuestidfi involving the sacred- solved the problem. The new chain of
nose of American life on the high seas, hotels will be run as straight business
.lelether under our own oils or any A'olnstitutions With the low rate men--
her flag. tinned for lodging, and similar rock-
The attempt to sink the Urduna has Abottom prices for nourishing meals,
been the last straw. In that attack, 11d patrons paying for everything they
1" Germany had not even the plausible. get, 11 return of 4 per cent. on the in
though illegal defense of aiming to vestment is expected. L
destroy munitions. The Orduna was uni What the system may mean for the
innocent passenger ship en route to big cities, especially during a herd
America, with many Americans aboard winter, may be judged from the fact
er. To have destroyed her without' that m the first years operation oi
amine would have been- aheer mm the Dawes hotel in Chicago it accom-
derAwltllout a Lsingle mitigating circum- ‘modated 180,000 guestsand served 60,-
' 000 meals. L
w—not to mention. the improbability of
their buying any new once-ii they
are not enabled to tgomi with the
iorelgn—owned lines or more nearly
{equal terms. ‘A
l o»
Naturally, after that exhibition, giv-
even while the German diplomats
were seeking to persuade us oi Ger-
" man’s good intentions, we cannot trust
Germany unless she gives us explicit
Aonlises of reform, and backs them
by chest deeds.
W9 do not want war with Germany;
L less Germany pledges herself
mediately, without equivocation, 11to
"‘e of legality and human deceno
we do not want anything more I
g. with Germany.
t , ,
Yes, and if anybody is bitten by a
IattlesnaltLaI lie shouldn’t get ' mud
about it, or blame the snake. The rat-A
ilesnake “gives warningf’
THE QUAKER commence.
There are a good many members of
the Bullet of Friends in this vicinity
who are in position to manufacture
war munitions. I cannot speak for
tall, but I know definitely a number
of instances where they have turned
down some profitable orders.
.One wall known gentleman tells me
...—......“—
, [that he does not hesitate to send over
ens." lleve the renderings Lwhlcb 'war" iii-L
i'iicts. Tillie Philadelphia Quakers
editor who wrote to the campbehsvllle: have ““0 sent many thotlsands °t
dollars for the support of Belgians,
list.) News Journal the following lot. but they are standing quite stoutly
' by “their old tenet of opposition to
Please send me a low copies or the we:-
r containing the Obituary or my IBut Quakers are 'not the only ones
Also publish the enclosed olippo
t the marriage of my niece, who
is. 1111111111011. And I 111111 Van
.. cumin year local 09111111an A AA
it docs not cost anything, that 1 I.‘
,gu‘uu calico tor sale. All my 1 . L
puoniroubplows stop turns-W
’11 really too bad about the sub-
There is our can follow lemmas.
George Wharton Pepper. only by
the most urgent appeals will no 1111-
‘ A mystics Io: a;
bridge.
companies, and sell the ships they own ,,
renounced rroro‘rim Page.) .
tains the principle i'nvoivedln the
law creating the—Public Utilities Com
mission. L *
Sonnet Situational
Not testing with this day’s work
the court goes 011% give some sound
suggestions to the Public Utilities
Commission as to what it is to take
into consideration when next it has
a question before it regarding what is
the equitable share of the cost at a
new bridge which‘a street car com-
pany usingtilat bridge should pay.
in this Norwaik bridge case a new
situation was created. The city pre-
pared to build a new bridge. The leg-
islature gave it especial act and
some money towardeaylng tor the
in the special act the Public
Utilities Commission was left to pass
upon the kind of rails and the 1111m-
The case was first heard by the
commission whichlssue‘d an order
and upon “an appeal to the Superior
Courtthe trolley company won. The
Supreme Court reversed that decision
and said that the Superior Court
must go into aIreview of the case.
AL second Trial.
Upon the second trial the Shperior
Court held that the Utilities Commis-
sion had no right to order the trolley
company to lay two tracks, even
though it was apparent that two
tracks might be needed in the future.
The court also cut down the allow-
ance of cost to the company to $4,906.
111 both cases the Superior Court
sustained the claims of the Connectl
cut. company, first as to the unconsti-
tutlona'iiiy of the acts of the Utilities
Commission in ordering two tracks,
and. second, largely as to the com-
muy’n‘claim 01' cost. in 111111 11111111
case the city first appealed from the
commission’s finding and then from
the finding of the duper-tor Court.
Now the Supreme Court reverses
the Superior Court in both instances.
It upholds the acts of the Public Util
ities Commission and declares the
law constitutional under which . it
acted. 11 also points out that .Athc
Superior Court in fixing the coin»
pany's’ share oi’ythe cost at $4,906.01-
less than two per cent, erred and in-
timates that this amount is manifest~
ly inequitable. A new trial in order-
ed.
The court says it capo t definitely
fix any figure as equitable because of
the different circumstances which
may arise in each case. .But it does
lay down no less than thirteen inc
tors which the Public Utilities Com-
mission first, and then it it falls" the
court, can take into consideration in
reaching a decision as to what Would
be an equitable share for the trolley
company to pay.
Sustain: Legality.
directly with the constitutional ques
tion and sustains completely the to
log the Public Utilities Commission.
It will be recalled that when this law
was passed in I911 the opponents
predicted that it would be declared
unconstitutional before the year was
out. So far the law has been sustain-c
ed in every particular.
latest ruling, emphasizes its validity
and broadens its scope.
it is recognized that this decision
is of vital consequence to Bridgeport,
about to build three new bridges. it
is also of consequence to all other
towns and to the state and counties
which may be called upon to build
new bridges used by the trollbye.
in plying its decisions. 11 both
stances the opinions are written by
Justice George W. Wheeler.
track W“ aordm M233. gee. lotl'. A. L19”, “Intended
,igeilttias for the present street red by Chap. 333. Sec. 1 or P A. 1911.1111-
stay male. m said gliders hemmed to in! its equitable portion or
realism} the may ot- providing the expanse oi constructing the bridge L
ber ottrecks which were to“ be used.
In the other case the court deals,
gallty of the legislative act in crest-i
This" the
The Supreme Court is unanimous way service was an elgmgnt of 91mm
in- Idue eccluslvely to a necessary proviso
The outcome of the cases is con-I “Since the order at the Commission
fer the future, and as tending to about! that the duty oi ascertaining this“
Opinion that the number of tracks to:
be laid by said street railway 91.111125131811111; intent as Mn éxpmefi
puny moss said bridge and its ap- were 30 clear and definite u to have
preaches should be two, commonly 9991! no other conclusion and to re-
designated as double tracks. suite no argument in support 0111111
‘These reasons seem sensible and nterpretatioa.
mime wise in their pmvision'AA 1-‘1 “‘59 much 01 the expense or re
the hum m‘ “a, of the We?“ . strengthening, constructing
uletion and treble and the weapon or reconstructing such bridge as may
tive increase in m caring for the be equitable shall be paid by the Com
WOW interests 0Q boil: railway and my 1.1me such railway," the not
public. '. i a
“The cornpnny anticipated a future The “nan shall ”"1 “0‘ ”‘9
equitable portion of one of mm
need for two tracks, its charter auth
prised it years ago items, but of any one or all
“Perms b 1
“Provision for two tracks with the! at y the railway 0‘ the
h d at meat musti ddltionsl cost oi strengthening does
necessary over on on ll or meet the statutory obligation of
he made when a concrete bridge ”i. aying its equitable portion or the ex-
this character is built. . panes of constructing the new bridge.
Justice to the architeclufll 39‘ Nor would payment by tile railway or
sign and to Mable WW" “who equitable portion or the expense
only demanded this." ‘6': that part of the bridge accepted
" "III the Scotti” 00""1 by the railway in the operation of its
The Superior Court next takes “D cars meet its statutory obligates. ‘
the- mongol what is an equitable: ”The intent or mums“:
share or coat to apportion to a street the railway I; to pay in ”equitable pm.
car company using a bridge. It lBAtlon of the expense of the entire
pointed out. can the General Assumptions; that is. it is to pay its lair
bly found the old bridge “unsafe for hud’just proportion of the expense
public travel" and that a new bridge or the new bridge, no more and no
should be constructed in its place it less.
is furthel pointed out that the law “benefit to, and use by the railway
so much of the expense 3‘ construct f the bridge. present and prospec-
log a new image as may be equita~tlve,11rs decisive factors in fixing its
bid shall be paid by the trolley com- equitable portion or the expense.
”my operating 0“,,- the bridge iii ‘The apportionment must be made
is shown that the Mal court held that 01109 101' R11. therefore it is that the
the equitable portion of expense prospective use as well as the pres
which the Connecticut Company 9'“ “59 01' the bridge must be re-
should hear was the cost oi’ strength. 3"de-
Losing the bridge for one track. Herol The 01W ““3933 W0 ““0““
it is 111111 the Supreme Court goes «11— “9°" 0'10 0' tho other or which it in-
hauslively interthe whole question, “a" “‘9 equitable 90111011 0! thewalb
finding error in the Superior Court‘s way “0“"! 1’" Milli!-
conclusions and then pointing out the! “We cam“ for the reasons stated
factors which are to be considered in,
it his. ltl
determining what ‘8 cqu aA in lixlnx this award. 'Not do we
says 1" part: L 11. 51.11111 that any definite theory can be
1. Error ls FW" 1 c an evolved which shall settle the bounds
What is equiinble in a 3v“ a of what is and what is not edultable.
is what ’5 9" “d 5““ "3d” the cit The solution of that must take iri'lo
cumstauces of that case. i ccount man consider
111101111
11. would so 11111111111111. and per. 0, which m’; 119 “an“ '
ham harmful. m attempt a more ape "We may point out considerations
“”3" definition 1 to the which if present in this and related
What in auntie ’19 “”8”“ cases may affect this issue and would
udlclsl 11133113 of mullet ought to be Abe h f d
n the mm W%M elp 111 111 deal lug 11.111111. this
“This. court ..caa.1detor1n!ne the
bounds of power of the trial court and,
”lb extent of its duty under the law
no one
Among these are:
"The additional cost or strength-
i ning the entire bridge so as to carry
t may decide whether the trial court rock
as exceeded the one. or transgressed, “,1, '
be inc e
mistaken or neglected the other. r used also of the bridge
us to provision for two tracks.
"We can decide what considerations "The port or the surface 0‘ the
liquid be regarded in an inquiry of .. A , ..
bridge MflMby the railway in the
that nature and. what should be A A
to i ‘ Q operation of its cars and.the right or
treated irrelevant and burns 1-11 11 exclusion from this part or all other
Aha formation of the Judgment on to ‘ ‘~ 1 1
radio when required for its own use.
g"what is equitable. Beyond that we "The permanent occupation of the
may Mt go, unless the 3 out be bridge by the railway not alone by
learly inequitable. We cannot sub its track
11 but by its nice. wires and
stitute our Judgment for that at the equipment. p
rial 001m Awgh“; tgiiigiflmgog “A: "The insurance of permanency in
judgment 1‘ 11a ihe installation of the railways over-
E. C.. 105 Me. 428. 435
“The total coat of the bridge ex- A Ughzfiguzcniiitcggzg miobfldée- l , d
clusive of overhead charges and legal: 9 “ n requ 1‘6
adopt as matter of law any particular L
heory as a guide to the trial court *
'we think Is as tar as we 1111011111 311. ,
h fixing "‘9 equitable portion, and the load or cars operated over two 1
transducer. Jgh'l’ax, 19.5
viate congestion on this bridge, hay-amount was committed to the 1101114 , .
,ilsAadrsWspan, thaeommisaioniooilnission. , _.,
“The language or the act, and the ,
Cleanng Sale
“831“,” this store’s—L
806 Bed Sheets, 81 it go
. $3.00
The Boston Store has a reputation for
Value Giving, and these July Clearance Specials
will strengthen A, that reputation While many
Stores lower their quality
' always the BEST to be obtained ANYWHERE.
'l'heocltm Minnie interest you
$5.00 Linen Table Cloths. 7311: go .‘L‘.
34.00 Linen Table Cloths, 72 x 72
31. so For: Linen Table Damask, 72 inches
in; Pure Linen Table Damask, 72 inches
.gbc Bed Sheets, 81 x 99
75c Bed Sheets. 63 11 9o, hematicched. 5.9é
, $5.00 Bed $prcads (Satin) .......... $3 49
291: All Linen Tray Cloths .......... 1. . 19¢
age All Linen Guest Towels, Hemstitchcd
A 19¢
25c Linen Towels,18x 36 .. 19¢ ~‘
35c jumbo Turkish Towels... .. 25¢
75c Extra Turkish Towels 49¢
$2.49 Japanese Nainsook .. . . .. $1.93 piece
A350 Pillow Cases . ............ 19¢
“16;: Russia Crash, all linen . 12%¢
19c Barnsley Linen Crash ............. 15¢
25c Yard Wide Khaki Cloth ......... 14¢
3011 White English Repp . . 19¢ yard
_ 121/31: Frtiit ofthe Loom .. ........... . 7¥1¢
xzyz'c 40 inch Lockwood Brown Sheeting
251: White Crepe Ratine ... .. . .
19c Tray Cloths, 18 x 27 ....... 12%¢
A75c All Linen Table Damask .
“Blenheim” Bed Blankets $1.98 pair_
$1.50 Summer‘Comfortables .. L
tail/gs SturdyLinen Towcling ........ 7%¢
standard in. their
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-82. 98
$1.19 yard
98¢yard
.. ..... 79¢
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12V=¢
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59¢ yard
.1 $1.111"
8c Standard Apron Gingham 43/“?
25c 32 inch Madras Shiriings 19¢ yard
35c 45 inch Fine Voile .......... 19¢ yard
- . Mill Lengths, of Table Linen 1—3 to 1-2 ‘ofi ..
59; so inchIANursery' Cloth 39¢ "yard 3
y» 12%: 1Wash Geode (All Kinds) ..... '. 8%¢ L
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65c Bed Sheets, 81 x 90 (No Seams)
49¢ each
"F"
m If”. "
Ior its exclusive service.
"The relative use or that part or
he bridge devoted to the railway trat‘
no byAA the railway and by the other
radio thereon.
"The relative wear and tear upon
he bridge and its draw by the railway
’ nd by the other traitlc thereon.
"The character and permanency of
fhts bridge and the cost of its main1
tenance and the depreciation at its
investment. *
“The impaired lite cost of the bridge
due to the railway.
- “The saving of liability fora acci-
dent ovvlng to the increased width or
bridge and draw. -
"The relief from congestion due to
the increased width of the draw and
gills saving of time in operation or
cars by the change 11-11111 a swing to a
1ft draw.
and condemnation expenses was $278,-
000. and the 11111611111 adjudged by the,
court to be the equitable portion oi
the Company was less than 2 per
ent. of, this cost. . " _
“As the bridge and its draw had
to be built in reasonable provision
1111 the fixture, to accommodate two
racks and with a capacity to carry
cars oi the weight or titty tons, a
much greater load than the present
or prospective demand of vehicular!
traffic requirea-thls aWard, upon its
race, would seem to be inequitable.
l “The additional expense oi strength-
suing the bridge for the‘ street rail-1
ion for the railway service and in
equity the railway should pay this.
who are guided by a. woodlands.
sideled a great victory for Judge John tor two tracks over this bridge was not
JI. Walsh", counsel for the Norwalk before the trial court it was with“:
bridge comYnisslon, Who insisted on in the ascertainment ot the equitable
lighting the cases up to the Court of mrtion the railway should WY: ‘0 in-
last resort. ' “""' ielude in its estimate the element 0:
Below will be found art 0!! the I‘D“ "”0"“ in strengthen“ the
two opinions. The 11m 12mm to the Ma” 1°? “ we“ ““1“" ”M39 6t
powers of the Utilities Commission-1M tracks
are in the appeal of the city of Norv W“ 3 error. ,
walk,“ first mm the ruling of the
11111111.. Commission relative to 111111119 ”W“ “WM“ 11
trolley companys share or the - cram“ 0‘ the additional “6'“ 0‘ strengt
Dense, and second 110111 the decision “1'“! to that part or the bridge over
or the superior Court 111 reversing 1"?“
much of the cummisslon’s findinj
relative to ordering two tracks and
in still further L 11111111111I the moon
to be paid bx tli company. -1
Alter a review of the. bridge;
on. in atomic; A111 “
tren‘gthened merely in the llill‘t 0"
blob the railway “elated
Its 111111.119 do this.
“We understand train the record
the souitdble poo.
:wbich the cars operated on a single.
"Piston the bridge was not time
but Iota
"These are among the consideraj
(tons Which may properly aid in as-
ertaining the equitable portion 0: the
xpenso or the bridge which the rail-
way shall pay. 1 1‘
It would tie a singular legislative
condition, Iii it were so, that within two
years of the enactment of this highly
important piece or constructive logistic.
the powers or the mom enemies
are over railroads and railway routed
and committed to their successors "
1111 single matter or, 0116111111111 the ‘53,,” “9‘ ”Q AWN“; 1.11 at w“
new commission. Chapter 230 P. A..
1911; Chapter 288 P. A, 1911; Chapter
210 P. A, 1913; Chapter 225, P. A,
1913.
“The community cannot build a
bridge beyond the public and railway
requirements in size, design, form and
ornamentation and compel the railway;
under this statute to pay any part 1113
the cost needed for the public and rail-
way requirements. :But the optimum-
ty may piovldo for future as well as
present railway and, publicneeds in
determining the character, strength,
form, design and cost of the bridge.
"The bridge constructed did not of-
tend against this obvious rule 01’. lair-
ness. It, is round to be a reinforced
concrete bridge or most modern type,
otmassive but simple design, involv-
ing no eupenditure for elaborate orna-
msutatiou. and its structural life will
be for hundreds st years, and it is well
calculated to meet the demands or
public travel in. its locality. ‘
“In lilting the swam. the cost to the
railway of paving should not be con-
sideer the railways obligation as to
this is governed by. 01.8..3837 So. too,
the cost 1a: mile. ties, ballast, wires,
beds are the ordi-
puttlnt the railway
111 condltldtt tor fulfilling its duty or
operation.
"The coat rlbutlou made by the stats
AL" ‘i’lA! "din": AA”,
\‘I'I "A! AIIIA Ill’ ‘
,struction of a new bridge or in related
icases in other jurisdictions will tur-
nlsh little or no help in ascertaining
this equitable portion since each is .
governed by its own facts and the sum
{awarded determined somewhat by the
public policy or each Jurisdiction.
"Chapter 19 P.A,1907, provides
ithat the railway shall conform the
grade or its tracks to the established
grade of the highway when changed
gand shall pay one half the cost of. sec
essary excavating, filling, resurfacing,
paying or other construction wort:
within lines two feet on the outside
or each outer rail of such tracks.
"Had the approaches 'to the bridge
been filled as was first contemplated,
this would have been the method 01:
fixing the railway’ a portion of this ex”
pense exclusive of the paving and pre.
sumably it represents what the gener‘
we omit passing upon the motion to
a! assembly esteemed equitable in such
a case. While not at all controlling.
it is a circumstance properly to be con-
sidered by the trial court in making
the award in this case.
"The firing u! this aWard is or large
consequence to the parties in interest
and the determination of the principles
underlying such sward'will necessarily
attect other cases of like character.‘
“This case has been twice tried; ll:
is desirable that the new trial may, . ,
fln‘ally dispose of it.
“For these reasons we have endear.
tired to consider the questions invoiv- .
ed in such a way. as to help. so far as
we now can. 111 its ultimate dismi-
tion.
“in view or the conclusions method
correct, not intend!“ Willi"! om
complained oi.
1A"Thoro is error and ow trial
to Indicate our approval or the it dupe
Norwalk Chronicler