‘ To Get Customers Ad- vertise in Their Favor- ite Paper, T-flE EVEN- ING (iAZETTEt let ‘ I l _ Eyery Reader. of THE EVENING 6112151113] 15 a Buyer. GiveThe‘m aTrial ' ' VOL. 1X. No. 2104 NCRWALK. C0NN., SATURDAY EVENING, APRIL 22, 1899. fiA PRICE Two CENTs THE MALMU 1131. Action to Compel County Commissioners to‘lssue His License. BEFORE SUPREME COURT. Powers of the Commissioners Discussed by Council. One of the most important. matters heard before the supreme court of errors in its sitting in Bridgeport was Herman E. Malmo’s appeal from the county commissioners, which goes be fore them on reservation and the argu- ments in which were heard yesterday. The plaintiff applied for a license to sell liquoi in South N01 walk. The commissione1s rejected his petition." Malmo appealed to the superior court, and Judge Elmer reversed the decision 5 the commissioners. There the mat- ter rests. are concerned. Mr. Malmo has not received his license, so he brings man- damus proceedings to the supreme court to compel the county commission- ers to~ grant the license, as according to the revision of the superior court. The arguments were made by At— , torney John J. Cuneo and Stiles Jud- son on the one side and George P. Car- roll on the other. In the arguing before the court in support of his contentions that the county commissioners must issue the li- cense after the supe1 101 court has re- versed the 1'i11ing of .the board, Attor ney Judson claimed that the commis- sioners were duty bound to obey. the order and carry out the decree of the court in so far as their administrative functions were concerned. Attorney Judson argued further that an appeal from the commissioners came up to the superior court for review on the exercise of the diiscretion of the board. He Claimed that the court considered the-appeal just as though the case had been brought for the first time and that if the court reversed the decision of the commissioners then they were bound to carry out the ad- ministrative duties connected with the issuing of a license just as though they had agreed to issue the license them- selves. He denied that the statute contem- plated for a single instance having the superior court issue the license after it had reviewed the case. The court Mr. Judson thoughtwas only to pass upon all the points which were left in the hands of the commis- sioners originally in which they exer- cised their discretion. After having considered these points the court had nothing else to do. In arguing for the county commis- siOners’ contentions Judge Carroll claimed that the ' law under which these appeals were taken was in part ’ unconstitutional. He held that no tr1' bunal could interfere with that discre-- tionary power which ‘was granted to I He held that while the superior court had curtain boards and commissions. power to review the case it could only- render decision which would be ad- visory to the but which could not compel them to grant a license. He held further that if the superior court did review the case and decided contrary to the commissioners then it could issue the license liself, but could in no way compel the com- missioners to issue one. AA: . Refused to Pay Fare. The crew of Conductm Frank Her- mance’s train hada fierce fight with tWo men, who were cutoff at Clenb1ook Thursday morning foi refusing to pay their fare. One. of the men was badly cut on the head in the encounter. They boarded the train at \‘Vcstport. ' 4“ ‘ r commissioners, Undertaking Business Sold. J. D. Jennings yesterday sold his un- dertaking business to Mr. P. D. Stan- nard of Westbrook, Conn. “Advertise in‘THEVGAZETTE. so far as the commissioners. 11111111 MEN. Cockenoe Tribe of Norwalk Celebrates lts Second Anniversary. 'Visiting Tribes Assist the Local Indians in the Ceremonies. CockenoeTribe, No. 32, celebrated its second anniversary in their hand- some lodge rooms in the GAZETTE budding last night. The lodge rooms were handsomely decorated with flags and bunting, and a model. of the ill-fated Maine was sus- pended from the ceiling. The grand officers of the state made their annual visit to the local tribe, and to-day there are a number of pale faces who will hereafter be known as warriors. Tribes from other places were pres- ent as follows: Ponus, New Canaan; Uncas, South Norwalk; Powahay, Stamford and Konckapotanauh,Bridge- p01-t,.the latter coming over in a big carryall. There were some 250 Indians present and a moSt enjoyable celebration was had. After work the guests were invited to sit down to the tables, which Were groaning with tempting eatables, and the hardest fought Indian battle ever held in N orwalk commenced. Speeches were made, stories told, and it was with reluctance that the Cook- enoe tribe bade good night to theip guests and closed their Wigwam. --‘ ‘vr Convention‘aof Fairfield County Teachers. The twenty-third annual convention of the Fairfield County Teachers’ As- sociation will be held in the Bridgeport High school, Friday, April 2s'ih‘.‘ The program a11anged is: 9. 45~Devotional exercises, conduct- ed by D1. F1ank Russell. 10——10:15—Announcements and Ap- pointment of Committees. 10:15—11:15—“Meth0ds of Teaching Nature-Study.” Prof. L. H. Bailey of Cornell Univers1ty. 11: iii—~11: 30— Discussion. 11: 30— 12: 30—" Systematic Reading Conises for Teache1 s.’ Prof. Edward H. Griggs, Leland Stanf01 (1 University. 2—3—“ The Possibilities of School Gardening.” Prof. L. H. Bailey. ' 3—«4—“TheReal Value of a School.” Supt. C. N. Kendall, New Haven. 4:15—Reports of Committees, election of officers, &c. ‘ Schcol officers and others interested tion. The present officers are : Charles W. Deane, president; George D. North- rop. vice-president; W. W. Porter, treasurer; Oscar L. Burdick, J. T. Corlew and Miss Margaret Weed, ex- ecutive committee. ——-—————<o-o>~—. Married in Norwalk. Judge Ralph Wheeler yesterday granted a divorce to Isabella F. H. Lit- tell of Bridgeport from Truman E. Lit- tell, statutory grounds being alleged. The couple were married in 1886 in Norwalk, and the husband left the petitionei two years ago. The cause of separation was his infidelities. The case was uncontested. Masters of the Art. There are no adve1tisers so fully'pOSL- ed upon the “science of adve1tisinw” as the prominent patent medicine men. They fully understand how to do it in all its phases. They can teach the lo— cal advertiser many things. It is safe for the local advertiser to watch these men who are experienced in the art; he can learn some leSsons.——Press and Printer. ‘ Lieutenant Steele Dead. Lieutenant William S. Steele, of Com— pany D, Third Connecticut Volunteers who came home from the south a few days ago after having been mustered out of the service, died Thursday after- noon at his home in Torrington of ty- phoid fever. , Civil Service Examination. A civil service examination for the positions of deputy collector, inspector and clerk will be held in the Bridge— porthigh school, June 17. Application must be made to Wallace A. Smith, secretary of the board of examiners, Bridgeport, by May 22. MANY WARRIORS THERE. in education are invited to the conven-' llilililil BUHN JAIL Arthur Lincoln of Norwalk Attempts to Paint Wes‘té _ port Red. SENT UP FOR 30 DAYS. Took Three Men to. Place Him in a Cell in the Local Lockup. The VVestporter-Herald says: Arthur Lincoln, of Norwalk, came to VVestport, Tuesday afternoon, driving the delivery wagon, of Mrs. VValte1-,T. Gray, manufacturer of temperance drinks. After being in town for a while he loaded up on Westport stim- ulants and soon became crazy drunk. Officer Kemper tried to get him to leave the horses in his charge and return to Norwalk, but the driver would not heed the advice and as he became more and more of a nuisance on the public streets he was arrested. He resisted the ofiicer and the as- sistance of Edward Finch was pressed into service. Between the two the man was taken to the lock-up, and with the combined assistance of the sheriff, Mr. Finch and keeper London, he was plac- ed in the cell. While endeavoring to place him there Lincoln severely bit London on the back of the left hand. During the, night,the prisoner de- molished the bunk in the cell and with one of the boards attempted to do what damage he could. He tore the plaster from the wall until he had one of the floor beams clear and then he set fire fire went out when it reached the plas- tea The next morning he was brought before Judge McKenna, who fined him $7 for resisting an officer; $5 for assault; and thirty days in jail for drunkenness. The fines and costs amounted to $25.55. to work them out in jail. H96.-. NEW CANAAN. Mrs. H. Lockwood, Cf Cherry street, gave a tea party Thursday evening, in honor of Mr. and Mrs. Edmund Husted. A surprise party was tendered to Miss Nellle Dow Thursday evening. The bill before the Legislature to in- corporate the New Canaan Gas Com- pany has been favorably reported by the committee and will without a doubt be passed. Rev. J H Hoyt, H.. B. Roge1s, Miss Ma1tha Silliman and Miss Estella Kel- convention in the First Congregational church at Norwalk, on Tuesday even- ing. Tl1eY.P.S..C E., of the Cong1ega- tional chu1ch, have engaged Fred Heath, “the blind musician,” to give a. musical entertainment in the church this Fiiday evening. J. F Silliman has his stone crusher about John B.Gerrish’s place on Oenoke avenue. ‘ Rev. H. R. Traver will preach at the Baptist church Sunday at 10:30 a. m. Subject: “Christain Manhood.” Peo- ple’s service at 7 p. 1n. “Exposition of Acts,” 3d Chapter. Rev. B. S. Putney and family left town for their new‘field of labor in New Milford on Wednesday. Mis L. C. Green and son, ofNorwalk havefibeen visiting for several days with theilhfather,L . M. Monroe. Rev. T. J. Kellcyof New Milford, for- mer-ly of this place, was in townyon Wednesday. Ex-Postmaster Monroe has peas up and growing nicely in his garden. He thinks this is about as early as any of them. He also has lettuce and onions well started from the ground. . AAA -‘ The Appetite ot a Goal Is envied by all poor dyspeptics whose Stomach and Liver are out of order. All such should know that Dr King's New Life Pills, the wonde1fu1 Stomach and Livei Remedy gives a splendid appetite, sound digestion and a regular bodily habit that insuxes pe1fect health and great energy. 25c.atJohn A. Riggs’ drug store, 11 Main stf eet. —/\dvertise in THE GAZETTE... to it, burning it badly. Luckily the- He was unable to pay them so will have logg attended the State Sunday School. at-work again. and has been engaged. in placing stone on the walks and drives, second to no congressman ever Oniy‘ JUHN ilfllii WAIT. Death of the Veteran Lawyer And Ex-Congress- man. FlVE‘TERMS lN CONGRESS Was the Oldest Member of the Connecticut ' Bar. John Turner Wait died yesterday at his home in Norwich of old age, having lived 88 years. He was born in New «London, August 27,,1811, and was a descendant on the paternal side of the Griswold and Marvin families of Lyme and on the maternal side from William Hyde and Thomas Tracy, two of the thirty-five colonists who founded the town of Norwich in 1659. His father was Mhrvin Wait, an em- inent New London Lawyer, who was a presidential elector when Washington was elected President. Mr. Wait re- ceived a mercantile education in early life, but giving up that pursuit pre- pared for college at Bacon Academy in Colchester and entered Trinity College in this city in 1832, remaining two years and studying those branches which he thought would best adapt him for his chosen profession as a law- yer. After leaving college he studied law with the Hon. Lafayette S. Foster and subsequently. with the Hon Jabez Huntington, and was admitted to the bar in 1836 and began practice in Nor- wich, where he after resided. He entered public life in 1842, serv- ing upon the military staff of Governor Chauncey F. Cleveland. 1n 1842-44 and in 1846-54 he served terms as state’s attorney for New London county, dis- charging his duties in such a manner as to give him a wide reputation as a keen and able lawyer. In 1854, 185-5, 1856 and 1857 he was democratic candi- date for lieutenant-governor, but the ticket each time failed of an election. During the war he was a strong sup- porter of the union cause and in 186-1 was nominated for presidential elector at large by acclamation on the Lincoln and Johnson ticket. The two years fol- lowing he was elected as a republican to the state Senate, serving as chairman of the judiciary committee and presi- dent pro tempore 'of the Senate. He was elected to the House of Represen- tatives in 1867 and was speaker of the House. He was also a member in 1871 and 1873, but declined to run for speak- er, preferring to be chairman of the judiciary committee on the part of the House. . In18'1'l he was the republican can- didate for lieutenant-governor but failed of an election. On the death of -H. H. Starkweather, member of Con- gress from the Third Connecticut Dis- trict, Mr. Wait was chosen, in 1878 to fill the vacancy, serving the remainder of the term in the Forty-fourth Con- e-elected to the Forty- gress. He was r fifth, Forty-sixth, Forty-seventh, For? ty-eighth and Forty-ninth congresses, after which he declined a tion, and Charles A. Russell, the pres- renomina- ent congressman from that district," was nominated and elected. While in Congress Mr. Wait. served on the committees of Commerce, elections and fmeign affairs and had a reputation sent from Connecticut for looking out keen- 1y for the interests of his constituents. He was [2110er instrumental in secur- ing app1opriations which made New London one of the finest harbors on Throughout his career his practice‘was extensive and profitable. Mr. Wait was a most attractive man, genial, with as wide a circle of friends the coast. .who knew him whll as any man in Con- necticut. He w.is a lover ‘of art and literature and in his home found oppos- tunity to gratify his tastes, having a fine library and many treasures of art. 'He deceived the degree of A. , M. from . Yale and Trinity, the degree of L. L. D. CONTINUED ON PAGE FIVE. .were confined mostly to the right side. i FATALJEEIDENT. 'Falls ofl‘the Rocks at the New Hospital. HE DIED SOON AFTER. Probably Had a Fainting Spell While Walk- ing About the Building. , Shortly after noon to-day 001. Peter L. Cuuningham, while walking around the new hospital building near the Armory, was seen to totter and then pitch headlong down the embankment to the rocks below. Workmen at the building saw him fail and hastened to his assistance. He was picked up and. carried into the hospital where Dr. J. T. Kennedy, who was summoned, found him. Everything was done that could be done for the aged sufferer but- he lived but a short time after being removed to the building. Col. Cunningham was 85 years of age, a long resident of South Norwalk and prominently identified with the interfi ests of that city. At the time of his death he was a di- rector in the First National Bank of South Norwalk. Col. Cunningham during the Civil war was the Co]. of the 8th C. V. Just prior to his death Col. Cunning- ham had been to visit Mrs. L. M. Stevens and was on his way home when the accident occurred. He has alwaysltaken ‘a great interest in the new hospital, and it is thought that while walking about the building he was taken with a fainting spell which caused him to fall. The injuries he received in the fall of his face, but it is not thought that they were sufficient to have caused death. GETTING CLOSE. The Contestants For the Rambler Wheel Clos- ing ‘Up Gaps. As the contest of the firemen for Chief Prowitt’s Rambler wheel closes on May 29th, the leaders in the race are doing their best to keep within hailing distance of each other, and while no candidate has changed posi- tion recently they are closing sup the gaps so as to make the finish an excit- ing one. The ballot at noon to-day was as fol- lows lrving H. Reed, Pioneer 1971 J. J. Goodwin, Old Well 1779 J. H; Magner, Hope Hose 896 Smith Northrop, Phoenix ‘ 227 Elbert W. Clark, Putnam Hose 158 D.Hart Weeks, Phoenix 84 Charles M. Smith, Pioneer, _ 72 Leo Davis, Old Well , 68 Samuel McGowan, Putnam Hose 19 Geo. S. Grumman, Phoenix 15 F. W. Darmer, Old Well ’16 H. D. Coinell, Fire Police 2 L.l\-T. Smith, Mayflower 2 D. w. Harfor,d Old wen 2 Chief F. M. Wheele1, E.N.F.D. 1 Patrick F. Slattery, Hope Hose, 1 E. V. Baker, Old Well 1 Joseph Matheis’ Pioneer 1 Harry Mitchell, Pioneer 1 F1 ed Weiseit 1 Howard L.L0wndes, Old Welsl 1 Geo. F. Foote, Old Well 1 John Yost, Putnam Hose 1 Frank B. Taylor, formerly a special officer upon the Bridgeport police forbe, died Thursday‘ at the home of his brother, Frederick Taylor, . in New York. ‘ Henry C. Keeler, of Lewisboro, N. Y.., died Thursday, about fifty-four years of age. For twenty years Mr. Keeler was an inspector in the custom house in New York. ____———<o.o>—_—_— -What Do the Children Drink? Don’ t give them_ tea or coffee. Have you tried the new food drink called Giain-O? It 1s delicious and nou1ish- ing and takes the place of coffee. The more G1 ain- -0 you give thechildren theqj mm c health you distribute. through their systems. Grain-O is made of pure giains, and when pr-opeily prepared tastes like the choice grades of coffee but costs about i- as much. All grocers A insignia Tramway Car Rims Into a DroVe of Animals on West . Avenue. SEVEN ESCAPED. Were Being Driven to Dann 81. Banks’ Livery Stable From the Cars. Last night, shortly after 12:30 o’clock trolley car No. 18 with Motorman Dar- ney in charge, ran into a drove of seven horses belonging to Dann & Banks, the firm’s stables in this city. which were being driven to The horses were in charge of Charles Fisher, an emyloye at the stable, and were coming up West avenue and were near Cedar street when the accident occurred. Fisher saw the car coming as did the horses, who began to pull away from him. He called to Motorman Darney to stop his car until he got past, but his request was not complied with. As the car came rushing on, the horses who were thoroughly frightened, began to rear and pull back, crowding one of their number upon the track and he was struck by the dash of the car, bending the latter inward and starting one of the roof stanchions. ' The horse that ' was struck" broke away and disappeared in the darkness, and although search was continued .for him all night no trace has, yet been found of the animal. How badly he is injured 15 also unknown. The missing horse is one 'of a. car load wh1ch arrived from Ohio, and is said to "have been a fine animal. They had been removed from the car and were on their way to the stables of. the firm in this city at the time of the collision. :.A > SUNDAY AT THE CHURCHES. FIRST CONGREGATIONAL CHURCH.— Thomas K. Noble, pastor. Services at 10:30 a; m. and 7:30 p. 111. Rev. W. C. Curtis will preach morning and even- ings. Sunday school at 12 111. Y. P. S. C. E. at 6:30 p. m. GRACE CHURCH~Sunday SerVices: Holy communion, 8 a. m.; morning prayers, litany and sermon, 10:30; Te Deum, Buck, B minor; Jubilate, Buck, E flat; offertory solo, “My hope is in the Everlasting,” Stainer; Sunday schOol, 12:15 p. m.; evensong, 7:30; Magnificat and N unc Dimittis,Roberts, F; offertorywduet and chorus, “The day is past and over,” Marks. The Rev. J. McClure Bellows will officiate. ———<o.o>—— Mission Work. At the meeting of the Farther Lights in the lecture room of the South Nor- walk Baptist church. last evening, Mr. Cutter, a student volunteer in the senior class of Yale University, made an address on Mission Work in China. Special music was arranged by the , committee, and the Norwalk society was present. _————_‘~« ...> The Weather. Fair to-night and Sunday. I Miss Rose Jarvis, of Cove street, re- turned, yesterday, from a visit in Greenwich. . -.F—fi— Capt. Verity of the tug Addie 13., towed the ocean barge Colman out of the harbor, this morning. Mr. and Mrs. E. Hubbell Hotchkiss and daughter, Gertrude, leftthis morn-1 ing for a visit in Ansonia. Miss-Katie Mullin sailed to-day on the Anchor Line, Ethiopia, for Ire- land, where she will visit. in London- der.ry Eureka Lodge, Daughters of Rebek- ah, I. O. O. F., met in Odd Fellows’ hall, last night, and worked the third degree. The case of George Finch vs. the estate of Monson Hoyt, deceased, is down for a hearing in the Superior court on May 3 Mrs. Bridgeport, ”a M rs. William ’1‘. Raymond, 111 Row- sellit 11c and 2511:. Moo. ‘ Bishop and son,p°Juhan, of. re Spending Sunday at~= “The Maples,” the home of Mr. and-
Norwalk Chronicler