Asbury Park Press from Asbury Park, New Jersey • Page 7

ASIirilY PARK EVENING PRESS, WEDNESDAY. OCTOKKK 11, 1911. I i PRISONER, STATES' ATTORNEY AND COURTHOUSE ASBURY PARK DYNAMITING TRIAL IS NOW ON. Groceries which' are not heavy may be ordered to advantage through The Hudson Terminal Order-Booth which is a branch ol HERALD. SQUARE, Broadway Mth to SStk Street Orders left there when you get off your train in the morning (before A.

will be ready for you when you take the train in the afternoon (after 3:30 P. Many of our groceries are prepared in our own grocery factory. We can therefore guarantee full quantity and pure quality. rife fi tMtfh WW KANSA3 TOWN'S RISE AND FALL. (Continued from Pace One).

petition with the State Commission Jul t. 311. praying that the three railroads be compelled to atop their trains on Sunday at the main station, and that by failure to do so the city was discriminated against and the companies were not furnishing proper and adequate service. i The answer of the companies admitted most of the contentions of the city, but offered in evidence certain agreements with the Ocean Grove Campmeeting association, in which for the consideration of the conveyance oT certain real estate, the companres ajrrecd not to stop their trains at the main station on Sunday; and if the agreement were broken the property would revert to the association. The contention of the association was that the board had no power to make an order Impairing the said agreement; that it has no power to enforce the stopping of Sunday trains there.

Disregard Land Contract. The decision on which the order is fcased says, in part: "The contention of the railroad com rany that It is in honor to carry out the terms of the contract 1 not sufficient to absolve it from its duty to the public in furnishing proper and adequate, service. It Is not the province of the board to enter into the queatlr whether the stoppage of trains on Sunday would, under these agreements, result in -a forfeiture of the land grmted. "These companies are created by the state serving the people; they are subject to orders Intended to secure proper and adequate service. The railroad company is not a private corporation; it is a quasi-public corporation created by the state for the purpose of carrying on certain state functions, and it Is subject to the power of the state.

One of the powers of the state is the power to secure proper and adequate transportation facilities, and no condition In an agreement that would limit the power of a railroad company to provide such facilities would be valid." The board decides that it has the power to order the stoppage of trains at the main station, notwithstanding the agreements; that the city has been discriminated against, and on these grounds the order Is issued. Decision In Full. Thu decision in full follows: "The city of Asbury Park flled Us petliion July 8, 911, praying that the New York and Long Branch Railroad company, the Pennsylvania Railroad company and the Central Railroad company of New Jersey, which oper ate their trains over the tracks of salt' New York and Long Branch Railroad company, be compelled to stop their trains 6n Sunday at the main station at Asbury Park for the purpose of taking on or letting off passengers, and that by failure so to do said peti tioner is discriminated against and the said companies fail to furnish proper and adequate service. "The New York and Long Branch 'Railroad company filed its answer, ad mitting most of the allegations In the petitioner's petition, but offering in evidence certain agreements with the Ocean Grove Campmeeting association In which for the consideration therein set forth, being the cer tain real estate, it agreed not to stop trains on Sunday at the main station at Asbury Park, and in case such agreement should be broken the property conveyed "to said Railroad com pany should revert to said assocla tion. "The Central Railroad company of New Jersey and the Pennsylvania Railroad company flled their separate answers, each adopting the answer of the New York and Long Branch Rail- 1 road company for its answer.

Ocean Grove's Objection. "Altho the -Ocean Campmeeting was not made a party to the action, It was represented at the hearing-by Samuel A. Patterson, Its attorney, 'who offered no objection to being made a party to the proceed- The Square Pot Furnace concentrates the heat Concentrates it on the inside of the house nothing but the smoke escapes up the chimney. The patented square bot-' torn fire pot makes a slight twist of the shaker all that is necessary to remove the ashes from the grate they fall at the sides as perfectly as in the center The square fire pot in the Square Pot increases the fire surface 10 to 15 1 over other furnaces of the same size. This makes it the most economical furnace in existence.

Ask your dealer to tell you mors about Square -Jot Furnaces, Boilers and Newport Ranges, If he doesn't tell them, write and we'll tend you the name of one who does, BOYNTON FURNACE CO. 37th St, near Broadway New York and stated the position of the I association, as follows: The Ocean Grove Camp-meeting association of the Methodist Episcopal church by Samuel A. Patterson, ita attorney, respectfully sub-, mits. Salda board has no power or Jurisdiction to make any esder or direction in this proceeding, that will invalidate or impair the interest or right of the Ocean Grove association in the lands secured by the defendant, the New York and Long Branch Railroad company, from said association, fur a freight station and freight purposes In Neptune township, Monmouth county. New Jersey, and particularly described In the written asree-ment offered by the defendant.

'That said board Is without authority to make the order requested by the city of Asbury Park In this proceeding, except so far as said order shall not impair or Invalidate the property right of sid association in said land and contract. 'That the said association does not admit or deny the power of said board to control the of trains at certain stations, provided that property rights of said association shall not be- Impaired by any order of this board, and said association here submits the said written agreement, showing that certain land was secured by said company from said association for a nominal consideration upon the express condition that said land should revert to said asr soclation, or its value paid for, if Sunday trains were stopped at the depot of said railroad in Asbury Park. That if this board order that the defendant stop trains at the main station in Asbury Park on Sundays, that such order and the adjudication therefor shall hold that the same Is not intended to impair or Invalidate the said rights of the Ocean Grove association In said tracts and lands. Before the close of the hearing, It was announced that the Ocean Grove Campmeeting association could put in any testimony it might desire, but its attorney was satisfied with the an' nouncement of its position as above he, however, later sent the following as an addition to his statement: 'At the request and In behalf of the Ocean Grove Camp-meeting association of tho Methodist Episcopal church, we deelre to file with you tho following additional objections to those already submitted to you in writing by us. "First: That there is no power or right conferred by law upon said board to direct or enforce the stopping of Suniay trains at Asbury Park, N.

J. 'Second: That said board has no jurisdiction to make any order in violation or derogation of the written agreement entered into by the said aaociatlon and the defendant railroad company, regarding the stopping of Sunday trains at the main depot in Asbury Park History of Cass. -from que testimony it appears that the city of Asbury Park Is a sum mer seaside resort bordering on the Atlantic ocean; that it was laid out and established as Nsuch a resort In 1872, and Immediately adjoins on the south side the tract of land which was laid out In 1809 by the Ocean Grove Campmeeting association of the Methodist Episcopal church as a camp meeting ground for the purpose of holding religious services during the summer months; that in 1875 the New- York and Long Branch railroad, then extending from Elizabethport to Long Branch, was opened for service, and in 1877 was extended to Asbury Park and south to Sea Girt. At this time the population in Asbury Park and Ocean Grove was only a few hundred, those at Ocean Grove only visiting the place for the religious services, which were held during a few weeks in the summer. The said Railroad company established In Asbury Park, near the boundary line of Ocean Grove, a depot for the Joint use of Asbury Park and Ocean Grove, and this has ever since been maintained as the main Asbury Park and Ocean Grove station at As bury Park.

Asbury Park has now a permanent population of 10,000 and a summer population in the neighbor hood, of 75,000, while Ocean Grove has a permanent population of about 2,500 and a summer population of upwards of S0.OO0. There Is now operated over said New York and Long Branch rail road, thru Asbury Park, on week days about 80 passenger trains each way, and on Sunday about 32 trains each way, and said trains are operated by the New York and Long Branch Railroad company, and by the Central Railroad company of New Jersey and Pennsylvania Railroad company, which' last two mentioned companies operate their trains over the tracks of said New York and Long Branch railroad That said railroad companies have been operating their trains on Sundays for many years, but have refralnet? from stopping trains at said main station at Asbury Park, altho all trains ha: stopped to take on and let off passengers at all the other stations on said New York and Long Eranch railroad to accommodate the general public traveling on said road. The said railroads derive more reve nue from, and carry more passengers traveling to and from Asbury Park and Ocean Grove depot, than from any other point along the said New York and trfng Branch railroad, and said Btatlon is the principal depot or station on said railroad. Plea In Justification. "The defendant, the New York and Long Branch, Railroad company, ag a Justification of its refraining' from stopping trains on Sunday at said main station at Asbury Park offered In evidence three agreements made with the Ocean Grove Campmeeting association of the Methodist Episcopal church, dated respectfully May 6, 1883, June 1, 1889, and Aug.

1, 1904, (Tho agreement of Aug. 1904. merely narrowing the prohibited limit of stopping trains on Sunday which were formerly from Ocean Beach on the south to Deal Beach on the north, and also prohibiting the stopping of excursion trains at North Asbury Park WHERE GREAT station on Sundays,) under which agreement it subjected itself to all the campground regulations of the said Ocean Grove Campmeeting association of the MethodlEt Episcopal church then or thereafter made, especially the regulations probiblting the stopping of trains, locomotives, cars or other vehicles used In the transporta tion of passengers or freight at any point between a point 350 feet southerly from tho southerly end of the defendant's North Asbury Park station, and another point two and one-quarter miles southerly on defendant's railroad from said first named, point In the vicinity of defendant's North Asbury Park station, on the first dayJ of the week commonly called Sunday, for the purpose of taking on or letting off passengers or freight, excepting in case of accident or some unavoidable cause. This affirmative agreement on tho part of the defendant ia subject. however, to a proviso that if at any tjme the defendant railroad shall deem It necessary tostop lt trains nearer to Ocean Grove than the limits of the aforesaid points to the north and south that then certain properties and rights assured to the defendant railroad under such agreement should revert to the Ocean Grove Campmetlng association of tho Methodist Episcopal church.

The consideration for said agreements was the conveyance of certain real estate used by the company for railroad purposes, but the land upon which the station in question is built is not a part of said con sideration. The contention of the railroad company is that It ia in honor bound to observe these covenants Hgalnst stopping Sunday trains within the restricted territory until such time ns it shall have been requested by the Other party to said agreements to stop Its trains within Bald restricted territory Station Facilities Inadequate. "The station facilities at North Asbury are fully adequate to properly serve the contiguous territory, but it is totally Inadequate on Sundays, when hundreds of peoplo from Asbury Park! and Ocean Grove, who would naturally have taken the main station at Asbury Park If the trains stopped there, are forced to go to the North Asbury station. In stormy weather there Is not sufficient shelter for the large crowds and the baggage. The baggage room is eight by nine feet and sometimes 250 to 300 trunks are on th? platform to bo checked.

More than 75 per cent, of these people would naturally have taken trains at the main station, which is large and commodious, and well adapted to take care of such Sunday crowds. Forfeiture of Land Not "The contention of tho railroad com-pany that it is in honor bound to carry out the terms of a contract by whlchl it profited in obtaining valuable real estate at a nominal price is not suf-ficent to absolve1 it from its duty to the public In furnishing proper and adequate service. It is not the province of the board to enter into the question whether the stoppage of trains on Sunday would, under these agrements, result In a forfeiture of the land granted to the railroad company under these agreements. These companies are created by tho state for serving the people; they are subject to the order of the state; they aro subject to orders Intended to secure proper and adequate service. The railroad company Is not a private corporation; It is a quasi-public corporation created by the state for the purpose of carrying on certain 'state functions, and it Is subject to the power of the state.

One of the powers of tho state is the power to secure proper and adequate transpewf atlon facilities, and no condition In an agreement that would limit the power of a railroad company to provide such facilities would be valid. The board Is therefore of the opin ion that it has power to order the stop page of trains at. the main station at Asbury Park notwithstanding the aforesaid agreements, aad that such stoppage of trains is necessary to pro- vide proper and adequate transporta Hon facilities. The board also finds that the city of Asbury Park has been discriminated against in that all the defendant railroad companies cause their trains to be stopped at all other stations on the line on Sundays for the purpose of taking on and letting off passengers, altho the station at the city of Asbury Park is the most im portant on the line; it therefore "ORDERS! That the said defendants, the New York and Kong Eranch Railroad company, the Central Rail road Company of New Jersey and the Pennsylvania Railroad company here after stop their passenger trains on Sundays at the main station at Asbury Park and Ocean Grove for the purpose of taking on and letting off passe gers, in the same manner as at other stations of similar Importance on the line of said road, and that no discrlml nation be hereafter shown as to the It FftfcL) FARRY FUNERAL DIRECTOR sV LICENSED EMBALMER Tel. 434.

Lady Assistant. 605 Kill St The Busy Man hoa the rush of business prevent you from reading your daily paper as carefully as you could wish? Any important item you overlooked will reappear in the review of the week's news, which is a regular feature of the Sunday Share Press Take a Basin Fill it Fell ot Water stick your finger In It, hold It tlaetr fifteen minutes, take it out and tho hole represents tho impression made by tho overage meul worker. Why? because ho doesn't offer anything conclusive like I do. Better Qoods, better prices and better workmanship. If It Isn't right, I'll make it right.

Ghas. Rugarber Sheotmotal engineer. CHA5. RUGARBBR 809 SummerfleM Are Asbury ark i GM.ejUiJlXMJUB.sjMJVJkM Pit, Sffitchii III Stimi It Cerii Pit. Pimpidoir No Lici Win or Nil 538 Cookiu Alii Asturf Pirl I Han Yiar Combings Midi loti i PiHitii Switch irPoffi Yea will bo pletied with oar patented metkad.

Dr. Seymour Dunn, Sir- i Chirwdiit, It here. M. BARCALOV Sod Dealer NEW BEDFORD, N. J.

R. D. No. THE REWARD FOR DOING THE HEATING BUSINESS RIGHT IS DOING MORE BUSINESS Sales of the Kelsey increase every year because the Kelsey Is built on sound principles and is built right, and because It gives the highest satisfaction wherever sold. If you are considering a heating apparatus by all means look Into the Kelsey.

E. C. VanCleaf 209 Bond Strest Wedding Rings Wedding Gifts Repairing ani Engraying at Moderate Prices. M. L.

Weinstein Go. 625 Cookman Ave. PsTfWJr-ttS I'sual income for one day was a beer full of silver. added groceries to his stock at.d Robldoux built a larger store and M.1J groceries and general merchandise well as whisky and beer. Madigan also built a new store.

Then Robldoux bulH the big store which stands now. Its doors locked. He bought goods by the carload. Ho got enormous prices. Everything was twice as high in Wallace as In eastern stores, and both Robldoux and Madlgan became wealthy.

Robldoux built a bank and a row of houses. The town became the county scat. A 10,000 schoolhouse was put up. The railroad built a big hotel with a park in front of it set with pine trees and shrubbery. Connected with It was a Harvey eating house, and all trains stopped there.

A crop a real estate boomers came there and the town was boomed as "the metropolis of western Kansas." Tho place was full of speculators and town lots sold and resold as quickly as the papers could be made out. A steady stream of immigrants came by the railroad and every quarter of land had its settlor. Robldoux was getting Immensely rich in his big store. Then the bottom dropped out of the boom. First the government abandon ed the fort and moxed the soldiers away.

Then tho railroad moved its division point and shops on to Sharon Springs, twelve miles further west. With them went the county seat, Wal lace became a whistling station; only the slow trains stopped there. On top of these disasters came a series of dry years. The settlers on the land discovered that tney could not grow wheat, and thny abandoned their claims and moved away. The town used to be a freighting point for all the country around.

Robl doux tells of seeing 15e freighters with wagons and teams camped there at once. They hauled goods from Wallace to points even 100 miles away. The extension of the railroads westward, the building of tho Santa Fe, Missouri Pacific, Rock Island and Burlington railroads paralleling the Union Pacific killed this freight business. Gradually the population shrank to a hundred, and theso had little money. Robidoux's business shrank as the town did.

What little business there was, left him and went to Madlgan because Madlgan had lowered his prices, while Robldoux would not sell for a cent less than he had got in boom times. One day Robldoux. sat from rornlng till night In his store and not a customer came. He looked upon the scene of desolation. There was scarcely an occupied house In the town.

He realized that he must either close up or sell cheapjy. and el'n then the trade would amount to little. He could not bring his mind to take les profit than he had always got. With bitterness In hist heart against the fate that had befallen his once prosperous business, he decided to close It. The next morning he boarded up the windows and locked the doors, and ho and his family moved out to a ranch he owned twelve miles north.

Having closed his Btore, Robldoux never entered it again and would permit no one else to go In, When he wanted goods he bought them from other stores In the town. With hundreds of dollar's worth of canned goods on the Bhelves of his own locked store he would drive pant it and buy canned goods at another store. In the years that have passed since he closed the place he has bought hundreds of dol lars, perhaps thousands of dollars' worth of harness and saddles, and yet there was plenty in his own store to have supplied his wants. In the first years after he closed the store ho was so filled with disgust at the town and loss of trade that he would not open It. Later on, after he had mot again to the town, he said: "It's been closed so long now I'll keep It closed as long as I live." There are not twenty houses In Wallace now, and one of them Is the old frame courthouse with the stone vault behind out of which some one stole the court records and carried them to Sharon Springs In tho bitter county seat fight.

Nearly all the buildings In tho town were moved away for ranch houses after the boom broke. Some were moved to Kit Carson and Cheyenne Wells, fifty miles away. JACKETS AND COATS. Onco again are cloth Jackets worn with skirts made wholly of panne velvet or glace taffetas. Tills Is an ancient fashion to be found among the yellowing and tlme-stalned Godey plates of ante days, but it Is practical idea since the matter of providing a sieclal wrap for every frock suitable for street service is one to give the economist pause in this period of high priced tailoring.

These cloth Jackets, while beautifully tailored, are not severe and have few of tho attributes of the suit coat. Nearly all show the seamless empire back, absolutely disguise the hips and Ignore the waistline, but and this Is a clearly worded hint the sleeves are of full length and cover not only tho wrists but a goodly portion of the hand. That the sleeve Is lengthening there Is not the wllghtest doubt. The wrist lensth sleeve Is shown again and again in the models lately brouKh over from Paris and Vienna, and to order for a cold weather coat any save uleeves that cover the lover portion of the arms Is the height of folly. Classified Ads.

are wonderful. number of trains which are to be stopped for that purpose; and that all trains which now ston at North Asbury Park Btatlan for the purpose of taking on and letting off passengers be also stopped hereafter at the main station at Abury Park and Ocean Grove, and that this rule be observed hereafter in making up the schedule of trains to stop at said station. This order to take effect Nov. 1. 1911." S8RE OF ACQUITTAL As TrM Basins In Lst Angles Labor Leader Is Conftosnt.

Los Apr Cat Oct. rf ho sd bis brother's prof eesesns of siiwco-ot tho. cMrfi kttfcc scow oc BBoro- penoss umrng an ex-plcwtoa of dyawskto- wMctt destroyed tike Los Aoctle Ttaies- fcuUrfla Job J. MeNajMcs, srrtarjMT irw of the rmawotirrs' unise, to4y express ed hi coofldoftc of tctiKta.l lu tho trl wfcicH fcefsm. her this menirnz- -At too start of trial durgt of aaM UcNaatsra, "I ap preciate too opse'txtaa of retMti- to ts thousands of wttge earners or Ue country uiy absolute- confidence of ROYALISTS WIN SKIRMISH.

Republican Army Repulsed Near Gall- elan Frontier. Lisbon, Oct 11. The royalists in treacied near the Oallclan frontier were attacked by Republican forces and responded with a hot fire from behlad rocks and woodef- heights. compelliag gorerament troops to retire. Republican artillery was useless.

The royalists bad a treat advantage in their position in natural and artl flclal caves, which protected them from such shells as reached their vi cinity. GIRL DIES FROM BURNS. Mother Fatally Injured Trying to 8av Her Passaic. K. Oct.

11. Grace Walsh, four years old, is dead in St. Mary's hospital from the effects of burns received wheu she attempted to Jump over a burning mattress. Her mother, in atteiapUng to save her, was probably fatally burned. The child did not want to Jusap, but a boy told her that If she did not he would throw her over It.

She made the attempt, but fell Into the blaze. Russian Ambassador Coming. St Petersburg, Oct 11. The new Russian ambassador to the United states, M. George BakhmetteCf, and Hme.

Bakbmetlell, liavo left here for smerlca. aenoral Markets. BUTTER firm receipts, t.Wi pak- aceo; croaanory, spoolaia. per Ho. extras, tla.

thirds to firsts, 23as held specials, MM extras, zstta?" held lower gradts, state da. wmoMO to prima, prooeit, seo-ends to specials, ttaMVfcs-S faotsry, current mtko, packro stock, 17lHa CHKK3B- St lr receipts, boms. BOO-4Healr; receipt. UM oaws. DRWSW-n POULTRT Vlrra; chickens, Pormsylvanla roasting, per la.

fowls, freeh, western, boxes, 144al7tta. sprinc duck, ltnlSc. HAT AND BTRAW-Bteaay. POTATOES-Weak; Mataa, per bag. 2 23 aUit sweets.

Jersey. No. per basket. Scatl southern, per 2a2JO. LJVS PODLTRT Firm; chickens Wak; chick to broilers, par fowls.

UaUo. Let Down Easy. She glided. Into the office and ap proached tho publisher's desk. "I have a poem," she began.

"Well?" queried the publisher, with a look Intended to annihilate. "I have written a poem," she salmly repeated, "on 'My Father's and "Oh," Interrupted the publisher, "you don't know how greatly I am relieved. A poem written ou your father's barn? I was afraid it was written on paper and that you wanted me to publish it If I exr happen to drive by your father's barn I'll stop and read it." Ladies' Home Journal. Get what you want by ad vertising for it in the classified columns of The Press. In Wallace, is a stock of gen eral merchandise worth 120,000 in a store that has been double-locked and boarded up for eighteen years, reports the Kansas Ctty Star.

Peering thru the cracks in tho boards covering the windows one can see the shelves tilled with goods, show-ceses full of expensive cutlery, kegs of tenpenny cut nails that have been out of fashion for years, piles of ol oil lng upon long counters, harness, boots and cowboy outlVts hanging from tho celling, and buggies, rows of barrels, tiers of boxes and hundreds of tin cann. Moth, mice, rust and decay have done their work in this stock of goods that once cost Thru the window cracks one can see wheat flour spreading out over the floor from the rotted sacks; the men's clothing is a pile of lint that eighteen generations of moths have rested in. The seams in the harness, gloves and saddles have sprung apart, the hand saws are red with rust, the labels on the rows of 0ti canned goods are falling off. Peter Robldoux, the man who owned the store, who locked it eighteen years ago and owns it jet, lives only a few rods away from It. He Is one of the wealthiest men In Wallace county.

lie owns thousands of acres of land and thousands of cattle. Ills wife and his sons have asked him many times to open the store and sell what remains of the merchandise, but he says: "When I boarded up the windows and locked tho doors I meant to stuy closed, and stay closed It will." When the Kansas Pacific (now the Union Pacific) railroad was building westward across Kansas, Peter Robldoux, then a boy of sixteen, drovtr mules with one of the construction gangs. He was from Canada, and a member of the family of Robldoux, the founder of St. Joseph. With the same construction gang, moving as It moved, from camp to camp, was Tom Madlgan, an Irishman, who sold whisky to the graders.

When the railroad reached Wallace there was a pause In the work of extension and at that point was established a division of the railroad, with a roundhouse and a machine shop. There Madlgan pltohed his tent with the barrel of whisky and another of beer. Beer or whisky was twenty-five cents a drink. Robldoux decided to go Into the same business, lie saved his wages until he had enough to buy a barrel of whslky and a box of cigars. With these he set up business in an old army tent in Wallace.

He sold whisky for twonty- fivo cents a drink, and he soon had enough money to buy lumber and put up a small building opposite that which had been built by Madlgan. From that time the two men were rivals in business, but friendly ones. Within a few months after Wallace was established it had a population of nearly 5,000 persons. It was a typical frontier town, with dance halls, gambling hells, cowboys and bad men and women. Fort Wallace, with its United States soldiers, was two miles away The railroad shops and the construc tion gangs added several hundred to fts population.

Money was plentiful. Robldoux tells that In his first saloon ho used to an empty beer keg for a' safe. He kept his small change In a cigar box behind the bar and dropped the silver dollars Into a keg. His into the crowd of weak, weary, depressed; or are you tilled with vitality and energy? Health is the foundation of success. Nerves, Brain, and Body should be staunch dependable.

Scott's Emulsion the best of food-tonics, is the firm footing for health. all DHuooimrm n-i II.