: m
Wimmmmmth
marina.
r. I. maggot
Ac [lane’s
heaven: the Ice
CremFruitFiaveu:
if??? moi w. aha—i
pin” iiEw. nEo news BUILDING
a wameroasr.
, . 70*» all“. mu; Home, ass.
I‘m New m
51 Washington . ,
« Street. . _
. . BRIDGE Bill Hill Pillil
' m x ,
(Comm has. m Page).
peal of the Gonneetieot Company. The
Superior Cilia-t use heath; round the
acts of the m under the spe-
cial act creating the Norwallk Bridge
commissln mammal. The Su-
preme Court goes on to say:
. U U ”The trial court placed its decision
Judge and Mrs. Keogh, of thlS city. upon two grounds. (1) that the act
have returned to‘ their home atter as arbitrarily authorized the commission
yery interesting vacation trip in Can-3 to determine the number ‘of tractors.
“a, not exceeding two, to be laid by the
railway across the bridge, and (2). em—
Royai Iioiiiday. connected winpihe ”were“ “ l" ”‘19" ““3 ”may ‘0 °°‘
lndlan Refining Company, of Rashes-j copy and use a part of the city is prop-
ter, ,N. Y., was the recent guest of, erty against the wishes of the railway,
n. E. Dibble, of this city. °" 9“” °’ °‘ “‘1'
“The company upon this appeal
presses one ground only, and does not
rely upon the second ground of the
.— The convention will be held in New
Haven beginning Tuesday, September
5th.
Miss Mariam Buttery of Focus ave-U
nue, Broad River, has gone to" her
aunts in New Haven, where she is to , court's decision.
spend a two weeks' vacation. l “We approvqof its judgment in con-
‘ lining the discussion to the first ground
of the court’s decision, since this point
appears to us to be the only one in-
biiss Jenny Williams, of Norwalk, ‘
returned to her home last night after _
a three “mks visit with her aunt Milling an argument of substance.
“Mrs John Williams, of South street,’ “The general assembly had power
Stamford. ,tO itself determine the number of
;tracks to be laid across this bridge.
And it had power to delegate to the
commission the determination of the
. number of tracks to be laid. For this
was the adjudication of a matter of an
administrative character and might
U i properly be left for decision to a tri-
;-—Sumnier footwear at bargain prlc- burial such as this commission, au-
‘e‘s. Watch our ad. Thursday. Keeler's. ‘ filigistratlve and executive in its hm“:
- O a.
"While undoubtedly the general as-
Court Cecile, Daughters of Casiile.
will hold a special meeting on Thurs-
day evening to take action on the
death of Mrs. M. J. Riordan, who was‘
.one Of the trustees Of the local court.
Robert P. (.‘unnihghhm, of Danbury,
secretary -treasurer of the Connecticut senibly could not delegate to an ad-
Branch of the American Federation of ministrative tribunal legislative dia-
awn.- today issued the call for the cretlon. it might declare itUapwn will.
annual convention of the State F. of L. and ““35“" to such tribune; ”1° 9””
er to execute its will and carry out its
The meeting of the directors of theU policy
East Norwalk improvement Associa- “The question of the proper number-
'tion will be held tomorrow morning, at of tracks to be ma across a bridge
. 10 Oflclock. at the home of Mr. and Mrs. which is part of a public highway is
Fred M. Wheeler, on Myrtle street. one whose goluuou depends upon an
_ 'invcstigation of the conditions sur~
Frank Buttone, “V9 3'63“ O‘d- 01' 27 rounding the location at the time or
Rimming. Was cut on the face yes the decision. and the weighing oi
terday afternoon when he pulled ove'r these in the light of the public or pri-
a mirror on himself, the glass break- vate benefit. or the reverse.
lug when it struck his head. D" W‘ B., ”Obviously the lawmaklng body can-
‘ Burneil dressed the cuts not know these, nor forsee changing
'conditions and hence “arises in many
Mrs Theresa Christiano was fined €880“ “dug in this case, the propriety
31 and costs 'by ”“519 LOCRWOO“ in the did not the actual public necessity for
uptown court this morning on a breach committing the decision of this issue
0‘ the peace charge. She became in of fact to an administrative tribunal.
volved in an argument with Mrs. Rosie “Legislations of this character hay.
Pinbell and when words failed to meet ing established the primary Sunday“
the demands of the situation, the for- may devolve upon the administrative
mer started pulling the others' hair. 'tribunal the executive way of carrying
__ ‘ out the purpose and policy of the stat-
Saturday afternoon, at 2: 30 o'clock, ute. Rod ‘C.’ Oil CO. v North Carolina.
the McMahon house, onb‘ranklin street, 222 U. S. 393; int. Com. Commission v.
will be sold at public auction. Because Goodrich Transit Co. 224 U. S. 215:1}
of an agreement reached between Mrs S. v. Grimaud 220 U. S. 506, 517. Un
McMahon and the city council, the pro- i on Bridge Company v. U. S. 204 U. s.
ceeds will be divided between the own 216 U. S. 177 193; Arms v. dyer, 192
or and the city. The house would be Ill. (:01
cut in two by the proposed FranklinU? “The company relies upon this prin-
street/extention. clple and contends that section 4 does
not set up a primary standard govern-
aDeacon” William Miller, of the ing the action Of the commission.
grocery firm of Church & Miller, OiU “The City asscnls to the company's
Washington street, is confined to his} claim that the power of the cosmos
home on Elmwood avenue, due to sion to determine this issue must rest
stomach trouble. His condition thisU upon provision found in the special act
morning was reported as being favm“ :which aubborlzes its order upon a find
able and comfortable. His friends are . .in ng of public convenience. necessity, 0_
sure of a quick and complete recovery. safety.
UDr. Bohunnan is in attendance. “As this is the only question made
- upon the argument of the appeal we
shall limit our consideration to that.
and not consider whether the act
might be sustained uponU other
grounds.U
“The public utilities commission
succeeded the railrow commissioners
and all the rights. powers and duties
heretofore vested in the railroad com.
missioners and not inconsistent with
the public utilities act were transferr-
ed to and continued in the commission,
and new and enlarged powers Were by
'55- A the act vested in the commission
/ Chapter 4, Public acts of 1853,
created the railroad commissioners and
provided that they might make orders
in réference to the management and
~ Operatiim of rams-sis which in their
opinion were necessary for the public
jam ,
‘1me the many statutes re-
W t. the powers of the railroam
commissioners over mm and
‘ MW we and that public necessity,
- convenience or safety is made the con-
, alum bimodal: of?!” missin-
r
17
Banking
“The safety of fundsgon deposit
. depends upon the financial
. strength of the institution with .3
which they are placed. Call and
let one of the public state
ments of this bank, issuedJuae '3).
‘SémreSiome
for trunks, grips. boxes. brie“ .,
bras, packages, silver-were. and
other valuables while am tron
home. am and esteem
at very medeiate chattel, w
the week. month or cuartlg.
‘ jurisdiction -oonfen-sd, and tar-reach-
- were alike in dependence upon‘ the
iii-two try it to we dbmmtastoners in
mind.
upon the public ms for winter
public protection through l'arger'con-
trol of and supervision over public
service corporations. lnir‘hct is
broad in its sweep, extensive in the
ing in the supervision of public service
corporations and'tlle' control ever pub-
lic and private interests. It is essen-
tially a remedial statute and as such,
like the workmen's compensation act,
to receive a liberal construction de-
signed to effectuate its cardinal pur-
pose. .
“And it is significant of the com-
mon legislative intent that the Acts
of 1913, were approved within two
days of the approval of the Special
Act in controversy.
“An examination of the Public
Utilities Act discloses that all of the
orders which the commission is anth-
orized to make are by the terms of
the Act dependent upon a finding of
public convenience, necessity or sat»
ety.
“By the terms of Section 13, of the
Utilities Act the orders of the m-
mission affecting the operation fit a
railway are .such only as may be
reasonably necessary for the public
employees of the railway.
“The policy and purpose of' this
Act no less than aits terms demon-
strate the incapacity of the commis-
sion to act upon its own aflitrary
will
“if Section 4 of the Special Act of
1913, had been a part of the Act of
1911, we cannot conceive, in the
light of the other provisions of the
Act, how, in reason, it could he
claimed that anorder thereunder
might be made at the win of the
commission. "But Section 4, is use
asmily amendatory of the original
act and the two are to be construed
together as if he Act. The terms
of Section 4,
arbitrary sctidn. The commission is
authorized to determine the number
of tracks not exceeding two. it has
a settled procedure handed dowu
from its successors, confirmed by
its own terms. established bythe
custom and policy .0! the community.
“An administrative tribunal charg-
ed with the duty to determine :1 ply.
en matter must accord a hearing to
parties in interest. ‘
“The commission can determine af-
ter it has accorded a hearing.“
There is no subject matter for a
hearing under Section 4, other than
whether there should be one or two
tracks acrOss this bridge. and there
is no method of determining this er-U
rcpt it be as the appellant well says.-
“in conformity with principles under.
lying the establishment of the com-
mission." ‘
The right of appeal accorded by
Section 4, also protects the com-
pany against arbitrary action by the
commission. It may not act illegal-
ly, Or in excess of its powers., or
arbitrarily else the court will set
aside its order. Chapter 128, Section
29 P. A. 1911.
NO difference is made betwoen an
appeal from an order under Section
4, and from orders under the Utilities»
Act, and the most natural inference
is that the legislature did not make a
difference because it found that each
fundamental principle of public wel-
fare upon which the commission
might act.
The cOmpany through the charter
Of its successor was given the right
to lay tracks, not exceeding , two,
across this br g3. The legislature
at the time of the grant determined
that at some time two tracks might
be Of public convenience and neces-
slty. '
if the decision of when this should
be done had been left to the com-
pany. we apprehend that this grant
could not have been attacked because
of the possibility of arbitrary de-
cision by the company. “'
Less reason for anticipating ar-U
bltrary action will be found in the de-
cision of this same question by an
impartial public tribunal {of high
authority. ‘ ' _
The. legislature had powat to
amend the charter of the company
and thus to transfer the decision of
this question to the commission.
"We find in the terms of Section 4
Of the Special Act. in the constitution
dsrlylng the railroad commissioners
and their successor the Public Util-
itles Commission and manifestation
of the legislative intent ”to cdtlliltion
the order of the commission upon the
public convenience. or new!!!” 01'
safety.
"The Commie may reach this do-
The Publie'Utlitties Act was MT
safety. or the health or safety of than
are inharmonlous to ‘:=‘~
. under the act Of its origin without re-
ef the commissidn, in its purposes, at Baton Point by an unusually large
and in the principles and policy un—mde
played, this afternoon. at the Norwaik
Country club.
When the appellee concludes thence", york.
Coal
PLACE YOUR
RAYMOND
..___...F -
l-‘or iicMiSearooi
' so To
Cutbill’s .
We handle nothing but
the best. ‘U
o
The only place in Nor-
walk that handles nothing
but Sea Food,
Cutbfllis
Bridge Market
. “7: North Nam St.
Free Delivery. Phone 108
l
WE EL ’
‘5.
It is EXPERT, HONEST
Service. .
Do you realise how much :
: that means to the consumer?
iii Sillilllllli uio.
Phone 6:9. as Hoyt St.
}.
aim-wt;
amnion
A bridge tooth or teeth properly”
anchored and well made is the
nearest to your natural teeth in so
penance and usefulness of any nub-~
stitute possible to construct. The
continual absence of one or more
teeth in the mouth impairs the use-
fulness Of those left. Let us ex-
plain to you personally.
1
You should have 32 natural teeth.
Let as supply as best we Eon the
absent ones that they may assist in
the work expected.
See llr. J. lllliallcry
~16 South Main 81:. So. Nor-walk
HOURS: 9 A. M. to 5 R. M.
Tuesday and Thursday evenings,
7 to 8 p. in. Sunday: by appoint.
must only.
a
and be protected at summer prices for the winter.
- [ployea attributing the strike is pro
mg—
itations of power which the GenEEEl
Assembly has attempted to confer
upon it," We think it ignores tbetact
that the gommission must determine
and hence hear, it overlooks the pro:
vision for appeal guarding the rights
of parties against the illegal or ex-
cessive or arbitrary action of 'the
commission, it' fails to take into ac-
mission and it disregards the purpose
of our Public Utilities Act and the
established policy of Our law towards
the subjects Of its jurisdiction.
"We”omit discussion of the claim
that the Public Utilities Commission
had jurisdiction over this question
terence to Section 4, for the reason
that this issue of law is not fairly.
raised on the appeal. ‘
“There is error."
Fireworks, last night, were enjoyed
,1“
Finals in tennis doubles are being
. . .Upo-Un— . _ U
Miss miyii sinus, of South Nop-
wmt. is visiting was Reta Kunhith, in
\K‘
termination oh bible which it
pleases, prints «public. personal 3% 'nsh’ denim has at his store a
Thishaiic fact is eltitll' , .
*WM. JCIt’blll. the North Slain
count the fundamental principle at,
Uths base of any order obthe com-x
]EDDOFHIGHLAND M
(3%! for Winter Use.)
ORDER NONV
l
BROTHERS
illumination
1 suniuuuu
!
NEW YORK, July 21 ——Serious riot-
U;ing occurred early today around the
:piant of the Standard Oil Company of
‘New Jersey, at Bayonne, a strike is in
lpragress, when the strikers encounter-
U'ed the guards there. in the fighting
. that followed three of the riorers were
iwounded by pistol shots fired by the
; guards. The men were taken to a hos-
fpitai.
i Seventy-five deputy sheriffs, 150 spe
cial policemen and a large squad Of
lliayonne police were on guard at the
l plant which was closed yesterday after
a strike of several hundred employee,
ifollowed by riots Betwae‘n 5,000 and
US$100 men are thrown out of work.
4 The strikers issued a statement say-
Uliug that they had gone out only to ob
itain better working conditions and to
tenable themselves to educate their
children. The Standard Oil Company
issued a circular addressed to its em’
’fesslonal agitators and daclaring that
l
.lUBlLEE SALE.
Follow The Crowds to The Big Sale ”I
...For Real Bargains...
is automatically screened and
delivered into your coal bin
absolutely dry and free 4mm
dirt. ‘ ,
GOOD COAL delivered trend
a coal pocket is the best {306%
satisfaction one can buy
11' COSTS NO MORE
to buy good coal from our soul
pocket than to buy cool iron
elsewhere. ‘
{the company will deal directly with its
.: lemployes only and will consider no uh
‘ ltimatum demanding an answer within
U l twenty -four hours. such as was prepay
:ed by the men.
’ l Fighting was resumed later around
gthe Standard Oil plant and assumed
' fiserious proportions.
The Bayonne
Uchief of police says that about 5,000
men are taking part in the attack, and
‘ U that one of the riotcrs has been killed.
Fifty persons have been taken to the
jBayonne Hospital suffering from in.
‘ ,iuries.’ The injured included both riot.
iSPRlNGWOllll Elli
lllllED Bl Will
i The funeral” of Peter De Linol, of
gltouton street, this city, who Monday
.afiernoon, while working with a
railroad section gang, at Larchmont:
N. Y.. stepped backward to let a
ftrnin pass and walked directly in
front of an express, and was instantly
killed, was held‘at 10:30 o'clock this
morning from Frederick H Ganung's
chapel on SblfilrMillil street and at
qill O‘clock from St Joseph’s Church,
Rev. ll J. Carroll, pastor, officiating
Interment "was made in St. Mary's
cemetery.
De Linol, who was 24 years old,
was a member of a group or 25
this city and join another gang at
Stamford for work on the tracks near
New Rochelle. He was very popu—
deeply regret the accident.
.20 Nilllilliilli Jim
Aoard the “Principe dl Undine" wen.
ty residents of Norwalk, Italian res
servists .sailed to join the Italian col:
are in the war. They were of a party,
Of 1,200 reservists from various parts
'Of the country, who sailed from New
York Sunday night.
is expected many more Norwalk Ital-
ians will leave for the war eventually.
MARTIN cHAacEs FILED m
COMMON PLEAs COURT.
Papers in the case of Dr. Roberta:
Martin of Bridgeport, who was bound
over by Justice John A. Worthey in
the Fairileld town court on June 26,
last on a charge preferred against
him by Ida Oollett of Falrileld, have
‘baoh filed“ ln‘the ofllce of the Civil'
Marni:
was arrested on ocunplaim of Miss”
Connect: UPleas‘Com. - Dr.
collectiwvho.‘ allegcd‘that he was the“,
rather of her unborn child. At the
hearliig before Justida Worthey, prob-3
' able cause was mum, and Dr. Martin U
bound over to the higher court under: ‘ ‘»
$500 bonds. The case will come up
for trial at the September term of
UUtfiie edurt
‘/ ‘ ;..
Mums”.
The Only cm Poctke in so NOl‘Wfllk. .
PLACE YOUR COAL ORDERS NOW—TAKE All-"1‘
VANTAGE on THE SUMMER PRICES. *
Call, write or phone, our representative will call to see you for.
your next winter's supply. You are invited to visit our yards and ..
see the advantage of buying coal from a pocket. pHONE gal. ‘
=L
downtown laborers who daily leave U
lar among him own countrymen, who
lllilill was it Will
ii
SOUTH NORwaair.
HARRIS & CANS WATER STREET,
Seasonable Shoes
FOR SUMMER TIME
A big and varied line of shoes
For Men, Women and Children
Hi all. .
See our stock of Tennis and Yachting Shoes
CONNEALLY & BRACKEN
South Norwalk
U - 1 O . % - i
REDUCTIONS IN PRICES
——o f—— L
MlCflELlN
T I R E S "’
~Elfeciive’ July l9lh—-
f
4
It was stated this morning that it .
One Quality Gilly-«the Best
"A Sit U S U A L” "
sensuous races hem l
. ThefillardWare Auto and
Supply Company
42 Water St. South Norwalli
Uller. For this reason we an off: as above.
THURSDAY 3'0 SATURDAY.
Flimr‘neruMst ’Upsim ddmtortn tie-E
day He‘d just bought a tin horas '2
triangle, same blocks,
seine sleigh bells and s tinsignia
didn't imam he had a baby. .“
manhunt has issues ‘ ” '
Til
Norwalk Chronicler