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~1'r..m..bovoazuhitoic.?§’ j :3 :- 'L ‘
FRIDAY. EEBBUABY»15,_1895;
Entered in the Post-Office as aN ewspaper.
Proposed Park at Appomattox.
rThe organization of the Appomattox
National Park Association at Lynch-
burg,\Va., and‘th'e character of the
citizens who have” identified themselves
» with the movement, show that vigorous
effort is to be made for the preservation
of the grounds made forever historic
by the capitulation of Lee to Grant
and by the grand parole of the Con-
federate army. It is true, indeed, that
the list of memorial parks would be in-
complete without Appomattox.
The thing may be considered settled,
so far as Appomattox is concerned and
the American people generally will fall
into line with a chorus of unanimous
approval. What particular shape the
movement will take does not appear to
be determined as yet, but the promot-
ers, with due regard to the command-
ing dignity of their enterprise, have
deemed it best to enlist the President
of the United States in its behalf at the
outset by intrusting to his discretion
the appointment of a general prelimi-
nary committee representative of the
Union and Confederate corps to meet
upon the battlefield on the 9th of April
and outline such plans for the future as
it may consider expedient and best. In
the mean time the local Virginia com-
mittee will send an advisory committee
to Washington to take such further
steps as may be necessary to enlarge
and perfect the organization.
Now that the Appomattox post-Office
has been rescued from the change of
name to which the department had un-
accountably and sacrilegiously subject-
ed it, there Will be a readier disposition,
throughout the country to perpetuate
and save from any future menace of
mutilation or oblivion the name by
which this famous .locality has gone
into the world’s history. Henceforth
and through all time it will be Appo~
mattox; and in some respects, for sea-
timental considerations it may be, or
the impulses of patriotic emotion,
evoked by the peculiar association here
intermingled, rather than for any topo-
graphical interest from a military point
”of view, this memorable field will pos.
sess an attractiveness to the American
people attaching to none of the great
battle-grounds on allich as fratricidal
combatants they decided momentous
issues and gave heroic illustration of
American valor.
+
Progress of Woman Suffrage. _
The question Of woman suffrage has
been agitated as long and as ably in
Massachusetts as in any other State.
In no State has a larger number of
bright and brainy men and women
advocated "the cause" by tongue and
pen. But, in spite of these favorable
conditions, it is quite possible that
Massachusetts Will be one of the last
States to establish equal sufi‘rage. It
required years of agitation of the most
energetic kind before the women of the
Bay State were permitted to vote for
school directors. It is claimed that
such voting has been decidedly advan-
tageous in many ways, but the suffrage
movement has halted right there as if
it had no intention to take another
step.
The present legislature Of Massachu-
setts, like all its predecessors for many
years, is being moved on in consider-
able force by the; friends of equal
sufi'rage. But there, as in many other
states, the chief obstacle to success is
the indifi'erence not Of the men, but of
the anen, the proposed recipients of
the enlarged liberty. The Boston
Herald, guys that while there are about
500,000'1omen over the age of twenty-
one in the state, it does not believe 5
per cent. of the number would vote in
favor of general enfranchisement. The
Herald also believes that if a law were
passed stating that female sufi'rage
would be granted when half 'the women
in the state voted in favor of it, it
would be a long time before the law be-
can. 3 operative. It will be remembered
in this connection, that the opposition
of women was a great factor in defeat-
ing 'equal sufi'rage in the New York
constitutional convention last year.
Many influential women in Illinois
are now asking the Legislature to give
them an extension of the suffrage. A
peculiar state of things exists in that
state, the Supreme Court having given
out the Opinion that women may be
permitted to vote for any Officer tnot
specified in the constitution. For ex-
ample. they now vote for school direc-
tors, but they may not vote for cOunty
superintendent, because that - officer is
referred tO in the constitution. Such
Officers as mayors, aldermen, and trus-
tees of villages are in the statutory andl
not in the fundamental law,‘therefore
if the Legislature confers on women
the right -to vote for such ofiicers the
Supreme Court must either sustain the
enactment or reverse itself. Women
now vote, as we have stated, for certain
school Officers, but the Chicago Tri-
bune says women have neither taken a
deep interest in these elections nor de-
monstrated the wisdom of this partial
enfranchisment. ._ .
The women who attended and partici
pated in the suffrage convention at
Atlanta recently did not show any
diminution of courage, but were as
son of Wa~i:.‘
hopeful and aggressive -39 if recent
defeats had been. victories. '_ In their
lexicon there is no such ”word as‘fail.
Their courage is normally atithe s, '
ing point. They have a’ri‘ghtto .‘
With pride to two State's-:Wheref ..
snfi‘rage is working admirably. .; P0518?
bly one of those States may iIl”:'f8:'i".:_’QW
years decide to‘elect one prfimore Wom-
en to Congress. That 'W‘onld present
some new and interestingphases of the .
suffrage question.
————————<+—-——‘
Will Work Both Ways.
The approval of a power of removal
bill by Governor _Morton has made
Mayor Strong .the Mayor in fact as well
as in name, clothing him with poWers
quite as great as those possessed by the
Mayor of Philadelphia. Hereafter if
the people of N ewaYork want a revolu-
tion in the executive department Of
their municipal government they can
secure it by the election of one official
—the Mayor. This simplifies the prob-
lem of city government by eliminating
all side issues that might tend. to dis-
tract the attention of the voters from
the Object they seek. ' ’
That the New York form of city govf
ornment is stillathing'of shreds and
patches in many of its features will
hardly be questioned, butit is‘yplaced
at last under one responsible Lhead.
The Mayor cannot excuse himself for
an administrative failure“ on the plea Of’
lack of power to bring all departments
into harmonious If he wants
a purely partisan administration which
will pension partisan heele'r's on the
public treasury he can have it,.,and if
he wants an honest, eflicient,;..business
administration, conducted Inpon purely
business principles solely for the pub.
lic good, he can have that, too.
No one doubts that Mayor Strong,
who has begun to weed "out the Tam-
many spoilsmen, will strive iwith un-
flinching courage to the best of his
ability to give New York a real reform
city administration during his term of
Office. If the New York voters will
always sdlect Mayors of Mr. Strong’s
upright character and proved capabil-
ity the‘problem of go'Od-“goyernment
for that city “ill have been solved.
But the power of removal law will
prove quite as potent a power for evil
in the hands of a weak'orbad Mayor
as it will for good in the hands.of a
good one. « I :
Prof. Newcomb on. Labor.
Prof. Newcomb recently delivered in
Washington, before a large audience of
ladies and gentlemen, a lecture ‘Of un-
usual thoughtfulness and ability which
aroused Wide-spread interest and dis-
cussion. His subject‘jwas ‘fS‘Ocialism
and the Labor QuestiOn.” fife named
as among the chief difiiculties surround-
ing the question, the unquestioned fact-
that the laboring‘vclasseéTOf 66 diiy do
not Work as cheerfully for the higher
wages paid them as they formerly did
for lower pay, and as a’rule now, do no
more work than they are compelled to.
The laboring man is‘not as thrifty, in-
dustrious or provident as he was thirty
years ago. He argued that the labor-
ing man of to-day was himself ”mostly
responsible for his unsatisfact'Ory con-
dition as between the employerand the
employed. He considered therestrict-
ive and coercivefmeasures adopted by
Labor Unions, to prevent young men
from learning trades, asamong the
most serious evils Of our "times, filling
all Our cities with idle youth, who be-
come in large numbers a: public charge
either as mendicants Org‘éri'r‘pinals be-
cause denied Opportunities,,of employ-
ment. '” '
Changes in Congress.
Since the Fifty-third COiigress was
elected there have been a total of
twenty-nine changes in:- the' member-
ship. of the House, eleven of them
caused by death, three by removals
as the result of electionfgcoiitests, and
sixteen by resignations. O’Ferrall
and Oates were electedj’“GOvernors
respectively of Virginia and Alabama.
Brawley, of South Cardli-hm'and Payn-
ter, of Kentucky, havefbeen‘ele'cted to
judical positions;Fellows5Was elected
district attorney of .INefyy'iYorkj, and
Black was appointed attorney fer the
Northern district of Illionois. _- Mitchell,
of Wisconsin; Lodge, of” Massachu-
setts; Blanche”! of Longueuil"; Wil.
.tI-gr, and... Burrows,
of Michigan , .. .e elected.r to the
Senate, as “us l v Gear, ~‘(‘_>f-I‘Owa,
Whose term begun: next-March...” f C. R.
Breckinridge has been.l.llsentasjambassa-
dor to Russia, and Caldwell, of. Ohio,
has been elected Mayor of Cincinnati.
The remainder of those‘TWho resigned
have been provided with places elective
and appointive. The largemumber of
changes is said- to betialmo‘sr; without
precedent in the history, of assign-s...
A Brave Expe-rlment.
Adams, a thriving tOW'n' in‘i'Massa-
chusetts, is trying abrave je'xp‘je'rimeat.~
A church and parsonagepbgysi’ 3been
built there with a billiardroo'm, bowl-
ing alley and gymnasium attached. '
The argument is that since 5333’s will
play -or indulge in athleticsportssome-
where,.i_t is better theyaz'x should do so.
under the protecting ‘- shadow “Of the
church. ' ,' (”If
The innovation, however has checked
many of the'less liberally inclined or
less experimental in that staianew
England community, and they say
mOckingly that the .same. argument
would apply to bars, and they intimate
that they expect to seefthe, .mé'élillg
house degenerate into 'a very barbarous
kind of place.
... .n..-,..-‘.
The
Hood’s. Sars'apa‘rilla'
' You smile at the idea. But
if you are a sufferer from
Dyspepsia ,
And Indigestion, try a bottle, and be
fore you have taken half a dozen doses,
you will involuntarily think, and no
doubt axclcim, ' '
'That Just Hits It!"
“That soothing efiect is a m 'c
touch!” Hood’s Sarsaparllla gefifiy
tones and strengthens the stomach
and digestive organs, invigorate: the
liver, creates a natural, healthy desire '
for food, gives refreshing sleep, and
in short, raises the healthtone of the
entire system. Remember
Sarsa‘
Hood’s ...-..
Cums;-
flood'g Pills cure liver Ills, constipatlon.
a‘liousness. jaundice. sick hen! ache.tndigcltioa
IT’S QUITE ~
A TRIGK ‘ '
To write a convincing advertise-
ment about clothing nowadays.
All tailors claim so much, and
most of them too much. All I
do is to try and get you to look
at my new winter stock. My
constant aim is to put into the
clothes all the attractiveness of
artistic fashion and careful mak-
ing at the lowest possible price.
Ask these who wear the latest
and finest clothes where they
trade and all will tell you with
KOCOUR,
17 NORTH MAIN STREET
So. NORWALK.
" 'a‘gi‘c’ Touch
J. l). Jennings.
UND ERTAKER
i Knight street. opp n to
Street Railway Depo ..
30'an BEEL AT OFFJ'JE:
I ON’I‘ send your clothes tO Dry
Goods stores or Tailors to be
dyed or cleaned. .
DON’T be out 011' with poor colors
when you can get your clothing
done nice, clean and fast at Tocque’s. '
DON’T wait ten days for your dye.
ing when you can get it done in
three days at Tocque’s.
ON’T rip your dresses all to pieces
to be dyed when you can get them
done, all made up'at Tocque’s.
ON’T wear faded garments when
you can have them dyed like no
at Tocques. -
for mourning in three days.
Tocque & Sons,
Dyers and cleaners of ladies’ and gents.
garments, made or ripped.
TOCQUE'S FAST BLACK.
Warranted not to rub off.
Dyeing and Cleaning Works, Broad
River Road, Norwalk.
Norwalk agency, Singer Machine store.
Horace E. Dann,
EXCELSIOL
Livery and Sales Stable.
“M uuuuu “M‘.
Opposite Danbury and
Norwalk Railroad depot.
Norwalk. Conn. Stylish
Single or Double Teams
with or without drivers.
Safe horses for women
and children
SADDLE HORSES A SPECIALTY
llil. SHEPARD’S SANITARIl’M
Offers exceptional advantages to the invalid
as well as to those who would keep in health.
That the tnrkish bath is one of the most pow-
er ul nmeuies known to modern science.is ad-
mi ted by many. I the highest authorities in
England. Europe and America.
its success in Rheumatism. and kindred
diseases. has con phenomenal. Malaria. or
my blood poison. quickly yields to its potent
influence. Neuralgia,'or nerve oain.is immv
diate y relieved under the influence of Hot
Air in the Turkish bath.
As a Luxury. it surpasses all others. and as
a Sanitary measure. a Turkish bath every
week is invaluable.
By consul'iuc the resident physician. iris-
struction will be given to patients or bathers
enabling them to secure the greatest amount
of advantage possible from each Bath.
A skilled Masseuse and Electrician is in daily
attendance in the ladies’ department. and
competent operators in 'Jassage will be sent
to residence on application.
For rooms and Board. address . .
CHARuES H. SHEPARD, M. D.
81 J: 83 Columbia Heights.
BROOKLYN. N. '1.
For Sale or To Rent
On Easy Terms.
One new double house. all improvements
one house on West Main Street. also :2 b '
lots at East Norwalk. and other propertlyfmm
S. B. Wilson, ,
. CARPENTER A“ D BUILDER
Ofllco. 92 WALL ST.. NORWLAK.
- TNA INSRUANCE 00., of H‘rbford
Incorporated 1812.: Charter Perpetua
capital and Assets, $8,902,272.64. -
Insnres against loss and damage b
terms adapted to the .hazard andbolnlslidte‘i”
With the laws of (31(1):: ellggtylMEBB
’ Sole agents for N orwalk and vicinitv. .
Cess Pools and Closets.
- gablditi'oidls :1 Egasonable and
r a or. - "
"d. n. Exam-imam “at“
l 63!!
m
N. B.—Fine blacks a specialty. Done.
4 ' and batting. A lively measure brought
“them all back. to the bars again except a
i. ,
’ few goats, who frisked about in the live- '
_ Curious Effects
,. ,é'.".:_;_.; . ...'2§,1\,l
MUSlQ'_¥F'TRIED‘ON BEAS'TS. --
of 3.Violln llpon
Animals.“ j '
It is a well-knoWn fact that many'anl-
mals are susceptible to music. Many
dogs will “bark or howl at the strains of
am’outh organ or melodeou while others
protest vpcally against piano 'playing,‘
' and few dogs can endure in silence the,“
playing of minor chords. On the other,
hand, almost every wo’odsman will tell}
you that he can charm a chipmunk-into
-_appreciative attention by whistling a
lively tune.
. Cats, too, are influenced by
music, and many cases are on record of
their fondness for piano playing, while
«violin music often stirs them to emula-
tion, a fact which New England house-
wives ascribed to the sympc’ by existing
between pussy alive and the parts of
pussy dead that were fabled to furnish
the fiddle strings. Experiment has shown
that individual animals are peculiarly
influenced 'to joy or sorrow by some one
particular note, chord, or tone, while
other -music may have no effect upon
them.
An Englishman, C. J. Cornish, has
been making musical experiments on
various kinds of animals at the Zoologi-
cal Society’s Gardens in London, and he
writes most interestingly of them. With
his violinist he went to the abode of the
snakes, and the musician, hidden from
the sight of his animal audience, began
to play. Mr. Cornish writes of this;
“The dweller on the threshold of the
snake’s home is the monitor lizard, an
active and'formid'able saurian, some five
feet in length, whose watchful habits
Were said to give notice of the approach
of the crocodile. It did not belie its repu-
tation for watchfulness, for the instant
it heard the sounds of the violiirthrough
its opened door it raised its head and
stood alert and listening. Then the
forked tongue came out and played in-
cessantly round its lips; soft, slow music
followed. and the lizard became quite
still, except for a gentle swaying of the
head from side to side.”
Some blacksnakes in the same cage
were similarly afiected, although they
were slower to show their appreciation.
'At first they raisedrtheir heads, waving
them from side to side in an apparent en-
deavor to ascertain whence the sounds
Came. Having made up their minds, they
set out one after another for the source,
and nosed up and down the wall in the
manner peculiar to serpents. A big boa
constrictor, who had been asleep for some
few days, uncurled himself preparatory
to taking a. glide all around the cage.
Suddenly the violinist swept his bow
”across the strings in a harsh and loud
discord.” The blacksnakes dropped their
heads and hustled for the further corner.
The boa stopped short and evinced an in-
clination to hurt somebody. As for the
monitor lizard, he executed a. startled
flop and scuttled ofi? with an air of dis-
gust aud alarm, declining thereafter to
be coaxed back by the most alluring airs.
His trust had been basely betrayed and
he evidently didn’t propose to put himself
again in a position where he would be
made a subject for practical jokes.
Selections from William Tell were tried
upon the sheep and goats, and they were
immensely pleased with the opera. At
the Shepherd’s Call they sniffed the air
’inquiringly and crowded up to the bars
in a. compact bunch. When the music
stopped they voiced a unanimous request
for more with a great acclaim of bloating
licst fashiOn, only to stop short with the
cessation of the music. ‘
HOWTHEY HUSTLE IN THE WEST.
A Savings Bank Looks Around Variously
for Customers. '
The West in general considers itself to
be a. hustler, and the East is willing to
admit that it is.
Western people explain their hustling
propensities by saying that the East has
two or three hours’ start of them every
day, so they must move lively if they
want to keep up with the procession.
' An example of Western hustling is a
bank safe which the savings bank distri-
butes among its customers and friends.
It is described as a. nickel-plated brass
bank, with combination lock, and highly
ornamental and convenient. It is lent
to any one who will deposit or has a de-
posit of $2 in the savings bank, who must
agree to save his spare money in the bank
and bring it to the savings bank at least
every three months. If the bank is lost
the savings bank charges $2. Says
the savings bank with winged words of
wisdom: ..
You must hesitate to bring small
amounts to a bank, but these bank safes
you can have at your home, where you
can deposit any amount and at any time
when convenient.
Money deposited in the bank safe can
only be taken out at our bank, as we keep
the key, and when brought to us the
money is counted in your presence and is
placed to your credit on your pass book,
where it draws interest.
Call and get one or more of these bank
safes or boxes for yourself and children.
They will help you save money and they
will cost you nothing for their use.
”NOT HlS STOVE.
one Experience of the Kind Years Ago
‘ Had Taught Him a. Lesson.
.A policeman who was patrolling his
beat ouGrove street the other evening
came along to an old colored man who
was leaning over‘his gate, and queried:
“Uncle, did you hear that explosion on
this street last night?”
" ’Sploshuu, sub—’sploshun? No. sah,
I didn’t h’ar ’bout no ’sploshun.”
“A colored man’s stove blew up.”
“Stove blowed up! Whoo! J ist blowed
right up, e112” . -. .-
‘ “Yes; he got a stick of wood with pow-
der in it, and it blew up his stove and
almost ruined the house.” , . . .
“Powder in de wood, eh? .Grot dat stick
from some udder.man’s woodpile, did he?
Who was de pusson. ssh?”
“I don’t know, but thought you could
perhaps tell me.” -
“No, sah; 'I can’t tell ye, kase [ hain’t
heard 0’ no such case. Mebbe yo’ dun
reckoned it was me?”
“Vt’ell, I didn’t, know.”
“Butl knows,lsah. N ufiin’ like dat has
happened to me fur do last twentyy’ars.
When I libed down in Toledo I dun got
blowed up with powder ina- stick 0’ wood,
jist like yo’ bin tellin’ ’bout, an’ it l’arned
me a lesson. Eber since dat I split do
stick in two an’ look for de powder.
‘ Shoo! 'Dat-mus’ hev been a fule nigger
who got hold 0’ dat woodpile an’ blowed
hisself np.—-Detroit Free Press.
Youcari tell by the flavor of the honey
where’tlie bees have been:
N ino'trdubles 'out of ten will, run when
you look them squarely in the face.
‘ In.
lcwsboys was“
.. _....{.
Various ..
The "Best
Remedy for
Received
Highest Awards
AT THE
World’s Fair.
GOLD GOING mm
It Is Reported Ilia-t Miss Vanderbilt
Will Wed a Foreigner.
HIS NAME IS NOT DIVULGED.
The Young ‘Vomnn In the' Case “'in In-
herit an Enormous Fortune—Nix Anna.
Gould Will Wed Her Count‘sjas-
tellane Early Next lIonth.
NEW YORK. Feb. 15.—Mrs. William K.
Vanderbilt and her daughter. Miss Con-
suelo Vanderbilt. are going abroad at once.
They will sail either Saturday or Wednes-
day. They were to have gone on the Ten-
tonic yesterday, ‘but plans were altered at
the last moment because of the recent
atoms. The finest suit of rooms in the
Hotel Continental in Paris has been se—
cured for them from Saturday of this
Week. ,
Those who should know assert that
there is no question that all arrangements
have been completed for the betrothal of
Miss Consuelo Vanderbilt with a young
English nobleman of highest rank and
grandest establishment. and that this will
3 announced very shortly after Mrs. Van-
derbilt and her daughter reach the other
side. '
Mrs. W. K. Vanderbilt is indirectly con-
nected with the anaga family, the tie be-
\\ \
\\
xi»
.\
\;,.
;,
(/0
MISS CONSUELO VANDERBILT.
ing that the first husband of her sister.
Mrs. Tlfi'any. was Fernando anaga. who
is a brother of the Duchess of Manchester,
who was Consuelo anaga.
Another of Mr. anaga’s sisters is Lady
Lister Kaye. who was over here for a. por-
tion of the late summer for the first time
for a number of years. Sir John Lister
Kaye was here also for a. very brief period
and has recently repeated his visit. Wheth-
er or not this has any bearing on the ques-
tion is not definitely known. The chatter
is that beneath all this worldly wisdom lies
a love tale of shattered hopes.
“It blight Have Been.”
A young man bearing .an old family
first name. prefixed with a prominent Bos-
ton family surname. has been all devotion
to Miss Consuelo Vanderbilt, and she ap-
parently was most happy in his attentions.
This joyonsness must now be relegated to
the saddest of all “might have beens.”
Though the relations of Mr. and Mrs. Van—
derbilt are strained. and it is purely a. mat-
ter of conjecture how much Mrs. Vander-
bilt’s allowance will be. Miss Consuelo
Vanderbilt, as the only daughter. will
eventually fall heir to a colossal fortune.
She is the favorite child of Mrs. Vander-
bilt. and the two are quite inseparable.
Miss Vanderbilt has made a great many
friends during this her first season out.
She is very’ unaffected and rather pretty.
with tall, slight figure and dark eyes and
hair. -
Mr. and Mrs. Cornelius Vanderbilt are
also to sail Saturday for Europe. They had
projected a series Of splendid entertain-
ments that would have extended over the
interim prior to Lent. but owing tO the
sudden death from pneumonia of Mr. Van-
derbilt’s ,niece. Miss Margaret Shepard,
they have been compelled tO_ recall all in-
vitations extended and defer indefinitely
those intended. Their stay on foreign
shores will be of brief duration. as the
present intention is to return in about six
Weeks.
Miss Anna Gould’s Wedding.
NEW YORK, Feb. 15. —Mr. and Mrs.
George Jay Gould, Miss Anna Gould and
Count (is Castellane lunched together at
the Waldorf, the Gould family having now
returned to town. The wedding of Miss
Anna Gould and Count de Castellane will
be celebrated March 4. This is later than
originally intended and owing to the fact
that the Marquis and Marquise dc Castel-
lane, parents of the prospective bride-
groom, have now determined to cross the
ocean for their son’s nuptials. His broth—
er is also to come over to assist as best
man.- Consequently, since the receipt of
a cablegram conveying this cheerful bit
of news, Count do Castellane has been in-
volved in an additional glamour of joyous-
ness. . .
. Afraid of Every Step.
LONDON, Feb. 15.-’—The Times says Un-
lonists suggest that the omission of the
government to move closure on the amend-
.ment to the address in reply to the queen’s
speech offered by Mr. Clancywas due to
a fear that it would be defeated. The ad-
journment deprives Mr. Sexton of the right
to speak on the amendment.
Smelter Clearlni: House Is Dead.
DENVER, Feb. 15. —A11 attempts to re-
organlze the smelter clearing house have
fallen through, and. the organization Will
be diabandod tomorrow. the day originally
set for it to expire by limitation. The old
system of contracting ores direct with the
smelters will again be the rule.
misc
t
v
_——_———
Attorney General Hancock’s Decision 1
Was'Against Them.
ram APPLICATION DENIED
The Charge of Unlawful Acts and For-
feiture of Charter Rights _Aguinst
Brooklyn Trolley Roads—Full” .
Text or tile pecilen..:_,
ALBANY, Feb. 15.—The attorney gen-
eral has given the following decision as
to the request for permission to bring ac-
tions to vacate the charter and annul the
existence of the Brooklyn Heights Rall— '
road company:
As has been recently held in the matter
of the Central Stamping company (63 N.
Y. St. Rep. 283), “Before authority should
be given to bring an action to vacate the
charter or to annul the existence of a
corporation the attorney general should
point out in his application to the court
the particular act or acts done or omitted
which in his judgment are sufficient to
justify the bringing of such an action. and
should allege in his petition wherein the
corporation has violated the laws of the
state. what it has done or omitted. which
allegations should be supported by suffi-
cient evidence to render it probable that
a cause. of action exists. The fact that
such an action has been begun is usually
destructive of the credit and business Of
the corporation assailed. and authority to
commence such an action should not be
lightly given. ” I have examined with
care the charges preferred in this particu-
lar case for the purpose of determining
whether the facts presented constitute a
cause of action or would justify the bring-
ing of a suit to forfeit the corporate fran-
chise.‘ It is important to distinguish be‘
tween violations of the law committed by
individuals who are oflicers of a corpora-
tion and. illegal acts chargeable to a cor-
poration itself. It was claimed upon the
hearing that the officers of the corporation
have required its employees to labor more
than ten hours per day in violation of the
provisions of the statute regulating the
hours of labor in street surface and elevat-
ed railroads chartered by the state in cities
of 100, 000 inhabitants and over. The pro-
visions of the statute are clear and explicit
in every particular.
' The Law on the Subject.
Chapter 529 of the laws of 1887 limits
the hours of labor of railroad employees
in cities of more than 100,000 inhabitants
in the operation of client, surface and ele-
vated railroads to ten hours, to be perform-
ed wlthin 12 consecutive hours. with a
reasonable time for meals. and makes it a
misdemeanor for any officer or agent of
any such corporation to exact more than
ten hours’ labor in violation of this chap-
ter. These provisions of the statute are
Wise and salutary. and were undoubtedly
enacted for the benefit not only of the em-
ployees of railroad corporations, but also
for the purpose of protecting the traveling
public. for there is fair ground for argu‘
ment that excessive labor exacted from
railroad employees engaged in laborious
duties render them less capable of dis-
charging the tasks imposed upon them
wlth the care whichds necessary for the
protection of the public, especially in the
crowded streets of a large city.'a‘nd tho Of-
. floor of a corporationwho violates these
provisions Of law is guilty of committing
an offense injurious to the public, the em-
ployees and the corporation itself. for"
which he is liable to be punished by both
fine and imprisonment, and the public in-
terests. in my judgment. require a proper
enforcement of this statute. But such a
condition of affairs constitutes no ground
whatever for bringing an action to annul
the franchise of the corporation. The law
prescribes the penalty against the Officer
and not against the corporation. In fact.
this question has been already passed upon
by the court of appeals.
Officers Are Liable.
The court says: “That statute by its
terms imposes no duty upon the corpora-
tion described in it. In its first section it
prescribes what shall constitute a day’s
labor, and in its second section it makes it
a misdemeanor for any oflicer or agent of
such corporation to exact from its em-
ployees more than the specified labor. Both
the prohibition and the punishment are
explicitly put upon the officers and agents
as individuals and not upon the company
acting in its corporate capacity. The rom-
edy for violation of the statute is adequate
and effectual, since the corporation can
only act through Officers and agents, and
they are at once liable to punishment if
the law is violated” (People Versus A.
A. A. B. 00., 125 N. Y,,.,519).
It is plain that the prohibition and the
punishment refer to the officers and agents
of the corporation and not to the company
acting in its corporate capacity. '
Another ground of forfeiture suggested
upon the argument was that the company’s
cars have been running at too high a rate
of speed, and I assume greater than that
prescribed by the ordinances of the city of
Brooklyn. These ordinances are common
to every city in the state and prescribe a
penalty for their violation. and much that
has been said with reference to a violation
of the ten hour law would be applicable
to a failure to Observe an ordinance Of a
city regulating the rate Of speed of street
surface railways. ,
The Application Denied.
The particular provisions of the ordi-
nances of the city of Brooklyn have not
been called to my attention, but I presume
that they are similar to those existing in
other cities, which provide a penalty by
fine or imprisonment. or both, against the
officers and agents of the corporation. It ‘
is within the power of the Officials of the
city tO protect the public by enforcing the
laws and city ordinances. but it is not _
within the power of the attorney general.
in the absenceof-no‘rnepmtlalonotlawes-
tablishing such a :gizonndpfl‘isl'orfeitnm. to
maintain an action 'ipanmflethemhnrtcr of
a corporation forrnnni-ngtrte-carsat what
he may consider too great‘a rate of speed.
The application for permission'torhflng
suit for the annulment of . the..cbarter is
denied. .
, 01d Employees Going Back.
BROOKLYN, Feb. 15.-—President Lewis
of the Brooklyn Heights railroad said this
morning that about 200 of the strikers
called On him’ today and asked'to be taken
back. He said he would take'them back
as fast as he could make places for them.
which would be in a short time. He put
several of them at work today. . _
Baseball Man Vanishes.
Pi'r'rsnuno. Feb. 15. --James ‘Prlddy,
ground keeper for the Pittsburg Baseball
club. has disappeared. and foul play, is
feared. _Ho left here for St. Louis a month
ago. but the last seen of him was in Cin-
cinnati the day after. . Priddy had 83,000
when he started.for St. Louis.
Advertise in G m” .
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Norwalk Chronicler