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ite Paper, THE EVEN:
1N6 GAZETTE!
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Evenmg "azette
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Every Reader of THE
EVENING G AZETTE
is a Buyer. Give Them
a Trial
VOL. IX. NO. 2031
'NOEWALKmONE. SATURDAY EVENING, JANUARY 7,1899.
PRICE TWO CENTS.
SAME iNSUFFICIENT DEFENSE!
SAYS JUDGE ' HAMERSLEY IN
DECIDIN G THE ELECTRIC
LIGHT CASE AGAINST SOUTH
NORWALK.
The following is_the decision of
Judge ‘Hamersley of the Supreme
Court, in the case of the Norwalk &
South Norwalk Electric Light Com'
pany vs. The Common Council of the
City of South N orwalk:
The power and duty of the common
council is confined to making orders
necessary to the exercise of its direc-
' tion and control over the placing, erec—
tion and maintenance of electric wires
and fixtures in the city streets. Such
orders may be general or specific, ap-
p11cable to existing or to future condi-
tions, relating to one corporation or to
all persons. The council is not con-
cerned with the rights of adjoining
proprietors; if the law requires it to
exercise its powar of direction upon rei-
BUSINESS MEN MEET
The Association Will Make
an Effort to Secure New
industries in Town. '
BY-LAWS'ADOPTED.
Vice-President Prowitt Presides in the Absence
of President Adams.
- . i
A meeting of the IVorwalk Busmcss
Men’s association was held in G. A. [-1.
half last night.
‘In the absence of President Adams
vice-president Prowitt presided.
The appointment of E. M. Lockwood
as attorney of the association was rati-
fied.
~ the storm,
A new set of by-laws as framed by a 5
i took place at three-thirty and was led
committee appointed for that purpose
were adopted.
The association accepted an invita-
tion to meet with the Bridgeport asso-
ciation on Tuesday evening, January
17th.
Matters pertaining to the welfare of
the association and the community
at large were discussed, and an extra
effort without regard to section will be
made to induce new manufacturers to
locate in town.
W. S. Smith of South Norwalk, was
electeda member of the board of direc-
tors. ’
A meeting of, the association will be
held next Friday evening.
~———-—————-<o.o>«————-——
Death of Thomas Guyer.
General Thomas Guyer an aged and
respected citizen died in South Nor-
walk, Thursday night. He was born
in Westport and was in the 90th year
of his age. He was a major~genera1 of
the state militia in the 60’s. He also
represented the town in the legislature
in the seventies, and had held several
local offices of trust in a faithful
manner. He was a member of the
South Norwalk Congregational church
in which church he was an earnest
and conscientious worker. His son
)dwin F. Guyer and daughter Mrs.
William L. Porter survive him. The
funeral will be held Sunday afternoon,
Rev. G. H. Beard officiating.
4“
‘vr
Thanks.
Our esteemed neighbor, the Non-
WALK GAZETTE, has successfully out-
lived the abuse of the public and the
slander of its contemporaries, for the
past ninety-nine years, and enters this
week upon the last year of the first cen-
tury of its existence. We! extend to
'brOther Byington our best wishes and
'admiration.——New Canaan Messenger.
quest of the electric company, that
duty is imperative without reference to
the terms the company has made or
may make with adjoining proprietors.
Castle V. Lawlor, 47 Conn. 340, 346.
The motion to quash the alternative
writ was therefore properly overruled.
The respondent sets up the same in-
sufficient defense in its return. The
return also alleges that the relator
does not own the poles it uses and in—
tends to use, and that it proposes to
displace its present system of lighting
by a different one; these matters pos-
sibly may affect the scope of many
orders the council may find it neces-
sary to make, but certainly cannot af-
fect the duty to make them.
The return fur ther alleges that pend-
ing this proceeding 3. city election has
BRILLIANT SCENE
At the Children’s Masquer-
ade Party in Lock-
wood’s Hall.
PROF. N EWELL’S CLASS.
Costumes all Unique and Charming and the
Fancy Dances Well Performed.
Seldom has Lockwood’sl {all present-
ed a. prettier sight than that witnessed
by the large number present yesterday
at the masquerade party given by Pro-
fessor Newell to the children of his
dancing class. Despite the severity of
both galleries and seats
about the hall were filled at an
hour to witness the grand march which
early
by Uncle Sam, Charlie Hill and 3. Fairy
partner, Miss May Olsen. The march
and dances which followed showed care-
ful training and certainly reflected
great credit upon Professor Newell.
The fancy dances were particularly
effective and received deserved ap-
plause from the large audience.
Music was furnished by Weidenham-
mer of Bridgeport. The characters
represented were as follows:
Daughter/of the'chiment, Miss Dor-
othy Lockwood; Miss Columbia, ' Miss
Gertrude Hotchkiss; Colonial Costume,
Miss Elizabeth Austin; Japanese Girl,
Miss Ethel Potter; Gypsie, Miss Lela
Potter; , Witch, Miss Lina. Hill; Cardi-
nal costume Miss Ada Osborn; Student,
Miss Annie Andrews; Night, Miss J ean-
ette Mathewson; Gretchen, Miss Julie
Knapp; Colonial Dame, Miss Eunice
Stevens; Fairy in yellow, Miss Mildred
Hyatt; Bride, Miss Mary Hider; Red
Riding Hood, Miss Theresa Chalmers;
Carnation Flower, Miss Lottie Chal-
mers; Mother Goose, Miss Clara Cous-
ins; Fairy in white, Miss ‘May Olsen;
Colonial Dame, Miss Frances Harstrom;
Swiss Girl, Miss Eloise Byington;
Butterfly, Miss Mildred French; Alpha-
bet, Miss Mary McGlennon; Old Fash-
ioned Girl, Miss Staples, of Westport;
Colonial Dame, Miss Nash, of Westport;
Fairy in pink, Miss Gladys Jenkins;
Chinaman, Clarence Perkins; Chef,
Conrad Price; Yale Student, Willie
Russell; Prince, George Keith; Revol-
tionary Military Costume, Arthur
Wheeler;-Colonial Costume. Eric Hars-
t-rom; Frog, Edwin Nash; French Hus—
sar, Marilee Lockwood; King of Hearts,
Allen} Chalmers; Domino, Bruce Jen-
kins; Uncle Sam, Charlie Hill; Salter,
Henry Treadwell;San1a Claus, Ernest
Wheeler.
taken place and that the council to
whom the alternative writ was address-
ed has ceased to exist, and that the new
council has never refused to perform
_ its duty, since no formal request had
been made to it.
The demurrer to the return was
properlyusustained. I,
These arethe only errors assigned in
the appeal; and it is unnecessary to
consider any possible errors of form '
which have not been assigned. There
may be a question whether the statute
under which this proceeding is brought
imposes on the council an imperative
duty to make orders. relative to the .
placing and erection of the structures
in question or simply confers a power
of control and direction to be exercised
or not at discretion.
this question was not raised below nor
stated in the reasons of appeal and as
the respondent admits its duty to act,
if the reasons it has assigned for not
acting are insufficient, and as it clearly
appears to be for the interest of the re-
spondent as well as for the I-elator that
the respondent should act at once, we
do not consider this question.
There is no error in the judgment of
the Superior Court.
In this opinion the other judges con-
curred.
41 Mistral]
Built By the State, As shown
By Commissioner’s
Report.
THIS COUNTY BUILT 17.
During Year 101 Roads Were Accepted and
Money Paid Over.
The annual 1epm t of State Highway
Macdonald has been
made. The period
covered is the year ended Dec. 31, 1898.
The report is a comprehensive one and
Commissioner
to the governor.
gives in detail the work of improve-
ment which has been done under the
state appropriations. Many suggestions
are made for the future
The following is the summary of the
towns that have accepted the appro-
priationfiunder the “Good Roads Law”
during the past four years arranged
by counties and showing the number
of town-in each county participating:
Fairfield County, 17 out of 23 towns;
Hartford county, 25 out of 25; New
Haven county, 20 out of 26; New Lon-
don county, 14 out of 21; Windham
county, 9 out of 15; Litchlield county,
'15 out of 26; Middlesex county, 14 out
of 15; Tolland county, 6 out of 13; mak-
ing a total of 120 towns out of the 168
in the state. /”
Eighty-five towns contracted for
work to be done under the appropria-
tion of 1897, of which number 14 towns
finished their roads and were accepted,
in 1897, 61in 1898. leaving 10 to be fin-
ished during 1899.
In 1898, 74 towns contracted for
their roads under the appropriations
of 1898, of which number, 40 towns
finished their work, and the'work was
accepted, leaving 34 towns to be finish-
ed and accepted in 189.). During the
past year 101 roads have been accepted,
and money paid to the town under ,
appropriations of 1897 and 1898.
The total number of miles of roads
built under the appropriation of 1897,
macadamandgravel was 43 miles.
The totalsmount of rock and earth
moved under the appropriation of 1897,
pri-ncipally'in the reduction of grades
was 65,560 cubic yards. ‘
built under the appropriation of 1898
of macadam and gravel road: was 48
miles.
(Cuplihned on Fifth Page.) «
The Steamer Medea'G'oes to Her Assistance and
But inasmuch as
'urday, for $12. 50.
The total number of miles of roads I
SHE BHflKE llllWN.
The Propeller City of Nola.
walk Meets With an
Accident.
LOST HER RUDDER.
Tows Her to the Steamboat Wharf.
While coming up the. harbor, last
night, and when not far from her
wharf at South Norwalk, the propel-
ler City of Norwalk suffered an acci- »
dent, by losing her rudder.
The loss occurred at a point known
The craft was
anchored and the captain blew the
boat’s whistle for assistance.
as the cross channel.
This was responded to by the steamer
Medea which went to the assistance of
the City and towed her to the wharf.
“The rudder was located and it will
probably be raised to-day and placed
where it belongs.
I It is fortunate that the accident did
not occur outside of the islands.
Considerable delay was caused in
PRESIDENT PRO TEM.
Fairfield County Honored Eight Out of Ten
Years.
Eight of the past ten years, Fairfield
County has been honored by the State
Senate by the selection of one of its
members to be president pro tem. Be-
ginning in 1891, the late David M.
Read was‘chosen to preside over that
body during the absence of the lien-
tenant governor.
= In 1893 the ofiice did not come to
Fairfield county, but fell. to a senator
who represented a district just outside
its borders, F. W. Holden, of Ansonia,
'in New Haven county. This was the
year that the Senate was evenly divid-
. ed, and the Democrats won the state of-
fices.
The next Senate, that of 1895, honor-
ed Senator Ferris, of Norwalk, by
selecting him as president pro tem,
and Senator W. H. Marigold, of Bridge-
port, succeeded him in 1897.
Again in 1899, a Fairfield County
man has been chosen, Senator E. O.
Keeler, of Norwalk. Twice within six
years the selection has fallen to the
senator from the Thirteenth district,
and twice within the decade to the sen-
ator from the Fourteenth district.
Rebekah.-
A beautiful and artistic souvenir
will be ge given to everyone present-
ing an admission ticket for the Scrip-
tural Idyll, Rebekah, which will take
place at the First Methodist church
lllll’ NllN-SUPPTTHT.
William F. Benedict Placed
Under Arrest on
Warrant.
W
DIDN’T OBEY ORDER.
He Fails to Provide For the Needs of His Wife
' and Family.
William F. Benedict, a. well-known
hatter, was placed under arrest, last
r night, and lodged in the station-house
at South Norwalk.
' The charge in the warrant issued for
his arrest is non-support.
Support 2
He has previously been arrested on _
a similar charge and in one instance
furnished a bond to give his wife a
certain sum weekly.
It is alleged that he failed to comply
with the order of the court, hence
his re-arrestf The case came up in the
town court this morning but was con-
tinued for one week to allow the de—
fendant to secure counsel.
, ——-———<0.0D~—-—————
Mrs. Louis Potter is ill with grip at
her home on Berkeley Street.
the delivary of freight.
Our aim. to sell Good and
Fine Jackets. A Too Cheap
Jacket is a Poor Article.
Wednesday evenlng next.
THE LARGEST
CLOAK STORE IN
FAIRFIELD
COUNTY, THE
w):-
Stock Taking next week.
We don’t want to take an
' account of any Winter J ack-
ets. -:- -:-
N s T o
G—BAN D PURCHASE
for your be:.etit. :hc entire sample line of M. Cohen & Co.,
1111E1E,E;
at less than Actual Cost of 11111
will do well'to buy at once.
terial.
HES.
fhey
New York.
SHTHTS A119 8511le '
go to you at remarkably low prices and you
NHT’HH MMH SUTH ll HPPHHTHMTYT
K9: When you consider that. M-
Oldest and Best Known Shit and Garment Designers in America,
and manufacture none but high class goods, you can appreciate the
values we are offering
adv: int-awe .4
Cohen & Co. are one of the
you and Which you should take immediate
$3.00 lv'IdIcs’ jackets, made from all
wool 1m rise-ye. boucle, rough goods and
cheviots, made in the latest doubled
breasted style, and most of them are
made of plain cloths. Your choice
now, 83. 50.
$8. 98 ladics’ jackets, flue all wool
ke1seys. a‘l lined with satin, strapped
seams, $5.00.
$10.00 and $12.00 ladies’ jacket-s, fine
all wool kerseys, all lined with satin or'
silk, 9? 50.
315.00 tine jackets, all taffetta lined,-
$10.00.
$18.00 and 92000.11-nc imported kcr
says. We hdvo only a few of these
beautiful garments. Not all sizes, but
you may get a fit. by coming early Sat-
$5. 00 misses’ jackets. in kersey, rough
and fancy mixtures, 93. 50.
$11.00 misses’ jackets, nice qualities.
$7. 50.
$3.00 children's reefels, with notch
sleeves. 82.1.0 '7'
$3.50 and 84.00 children’s jackets, to
close, 2.98.
$10 00 Suite, Jacket and skirt, ‘fly
front jackets and fan hack skirts $7.50.
$15.00 Tailored suits all wool mater-
ials $10.00.
$5.00 black cheviot skirts $3.98.
$2.25 black figured skirts $1.50.
$8 no new skirts laced hack open on
the side $6.50.
' FURS.
825.00 fur capes, $18.00.
$33.00 “ " 325 00.
$35.60 “ “ 327 00
$39.00 ” " 333. 00.
LLARETTES.
83 00 collarettes, $2. 25.
7.50 5 00.
8.50 “ 650.
11.00 “900
23. 00 Blue Fox 12. 50.
. BABIES’ COATS.
Long and short 980 to $5 50.
MAGKINTOSHES.
$7.50 ones 84,50;
CAPES.
$4. 98 wool capes $2 .50.
$21. 00 fine Keisey capes jet t. immed
$15. 00.
915‘.) 00 Kersey c was silk tI immed
$11. 50
823. 00 Matleaise capes $17. 00.
015. 00 plush cape 911. 50.
821. 00 plush c: 1pc $16. 00.
$10. 00 plush capes $7. 50
its“ Come early Saturday Morning to this Clearing Out Sale. You can afford
to have two Jackets at these prices.
Norwalk Chronicler