Prologue — New Jersey v. New York City

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IN THE >

Supreme Court of the United States

os © wae

STATE OF NEW JERSEY,

;

‘

Plaintiff,

vs.

THE CITY OF NEW YORK,

Defendant.

ABSTRACT OF TESTIMONY.

Artner J, W. Hixy,

Corporation Counsel of the City

of New York,

Solicitor for Defendant,

Municipal Building,

City of New York.

WituraM A. STEVENS,

Attorney-General,

Duane E. Minarp,

Assistant Attorney-General,

Solicitors for Plaintiff,

State House, Trenton, N. J.

(22087)

a ”

Stipulation ee xxili

Appointment of Special Master. 1

Opening Statement on Behalf of Plaintiff... CY 3

Opening Statement on Behalf of Defendant... - 4

ns - ~~)

Anderson, Walter 8. a _ _

direct examination... “906 626

cross oe cove av¥aJ 633

Ts i 1937 634

re-cross ‘‘ 1939 634

Andrews, George C.

direct examination..... 1155 370

Ayers, Harry B.

i 331 06

Bailey, Frederick

A 466 129

cross a» ~\ -apeaemabeneitesiatieeeanieiaa iat 468 130

a ee aT 474 132

I a 475 132

Barbour, William Warren

direct examination 352 91

cross a FETT ee ee aT ee 357 93

Barklew, Arthur L.

direct examination 392 104

cross pe” acini 394 105

i naar enna 394 105

Bartley, Robert

direct examination... 1998 650

cross o¢ 2001 651

re-direct ‘‘ 2006 653

38 8 8seeee

Betz, Harry W.

direct examination

cross oe

Berkenmeier, August G.

direct examination

Birdsall, Claude A.

direet examination

cross 6

Bock, Frank J.

direct examination.

Bond, C. Alva, Jr.

direct examination

cross ee

Borden, Frank C., Jr.

direct examination

Borden, Ralph

direct examination

Bostick, George W.

direet examination

cross se

Brackett, Winslow M.

direct examination

Brower, C.

direct examination

erosn ee

Brower, Lester

dicect examination

cross hg

redirect ‘‘

Brown, Frank

direct examination

Burley, T. F.

direct examination

cross ee

Buteher, J. Walter

direct examination

cross #6

re-direct ‘‘

Butler, William J.

direct examination

cross ee

redirect ‘‘

Carr, C. Fred

direct examination

cross oF

Carver, Albert B.

direct examination

Stenographer 's

Transcript Printed

Page Page

358 93

366

409 110

716 218

718 218

1488 496

596 171

598 173

602 i174

1291 418

663 197

665 198

892 278

506 141

508 142

520 145

522 146

340 SS

348 90

732 223

1313 426

1318 428

1302 422

1305 423

1305 424

491 134

485 135

490 136

1023 $22

1035 326

704 213

Printed

Page

103

104

434

435

248

321

479

358

367

492

494

495

_—

117

120

121, 129

122, 125

517

153

155

420

421

307

. Stenographer 's

Transcript Printed

Howland, Jesse A. ~~ ~_

direct examination. - - 98 26

cross oe 111 30

Hurry, James

direct examination... - 283 70

Jacobson, ,

GS Ga eee 1163 373

Jarden, Mra. W H.

SS Ge eeneneeesnen 1105 353

Jarden, Walter H.

direct examination... - 1102 351

Johnson, Garrett Irons

Ee 951 299

cross —— # eee 970 305

redirect ‘* . 973 306

(recalled) direet .............. caianinbinnincanieseiaiaesl 1007, 1047 317, 332

cross examinat 1052 334

redirect ‘* 1055 335

Bea = +q§- «semen 1057 335

Joline, George E.

GS Gennes 1580 528

cross ta 1589 531

redirect ‘‘ - 1590 531

Jones, James William

direct examination... ; 995 313

cross = demmmmaeiieenein 1000 314

Jordan, William H.

ee 1071 341

cross o 1075 342

redirect ‘‘ = 1078 343

Keyler, Havell

direct examination 1342 436

Kienli, Ferdinand

ee 413 lll

ee eee 765 235

eross examination................................ 767 236

Kiernan, Joseph J.

Se I ion icineiternipepecinaieinaettaninaeiiliia 1209 391

Kinmouth, K. Lyle

cross Pf ipaneereeiieiaeesnetetentntbiienteiasteteeain 1364 444

Kirsch, William B.

Ee 1122 358

cross PT = mipbiemipnbinitiieneiiintaneneiiiaaiias 1124 359

e238 3 2% if

Sie

GAN

2ey

ave

1967

1974

1976

198)

6a)

450

453

805

416

423

523

126)

1267

196

201

1240

1245

1226

1235

ss FER GE

SE 8 282 a2 & B EEE

Se 2 REE GE EEE RE

Summographer

Page

T28

1014

1017

1308

1312

™

139

vse

1218

1221

cory

905

285

289

457

1132

ses 282 8888 € & 22 83

§ gf cee #38 38%

&§

174, 177, 180

ES 8888

$8 85 8 822 i

520

679

680

1333

1335

1336

R45

851

855

856

122

131

135

887

889

SSene 828228 £286 82

Printed

Page

S08

546

sar

557

5A4

574

580

603

608

408

581

586

501

409

609

592

504

612

614

4a3

xvi

CONSOLIDATED INDEX OF COMPLAINANT'S EXHIBITS.

Traeeigt Printed Book

Exhibit No. Description Vol. Page Page

. dressed, at ,

grounds; cB i 15 7

2 Return card, stamped and ad.

dressed, dropped at

grounds; reterned through » § 23 a

imelusive Page 3, Section 9, New York

identification Sunday Ly July & 1999 ;

scows i MM 12

in evidence — 062 209

in evidence 4 953 209

in evidence 6 6 209

67 in evidence 6 «6 300

8-10 in evidence 6 956 300

iestiacetien =. nay ri ioe,

photographs of types of ‘garbage

scows 1 “ 12

12, Page 3, Section 9, New York

for identificetion Sunday July y 1929;

scows — '§ “ 1a

13-16, inclusive, Page 8, Section 9, New York

tion Sunday a, July 21, 1989;

scows i 42 4

yr te mee Page 3, Section 9, New York

Sunday ae July 21, 10928;

photographs of types of garbage

scows i 50 15

4 Be : i i

13 in evidenee ——_ @ 8% 2301

14-15 in evidence 6 O41 302

16-17 in evidence — © oe 302

18-19 in evidence 6 OAR oes

ft —= me he

25 Photographs of Allenhurst ‘taken

for identification from airplane......................— 1 1296 M4

in evidence ................ maven © 902 281

26- f beach conditions

inclusive, catered Ne wenn : - a

26-28, inclusive, in evidence » © 900 281

29, Photographs of material in the

for identification sea = 1 147 39

in evidence om © Ge 304

370

‘if eit

ida

ind 3

pe Retin Se 3h, Sone of

100

101

106

Avon Beach, Febru-

73-75

’ Stenographer ’s

Transcript Printed Book

Exhibit No. ; Vol. Page er

76-82 Phocographa, Beach, 1987 2.

a3 1929 asecesed valuations of hotels,

ete., Borough of Bradley Beach... 2 463 129

84-85 Sheffiek Farms milk bottle caps,

from beach at Long Branch... 3 404 138.

6 Bilthead, Stern Bros, N. ¥.C..... 8 496 138

87-89 tg any February

1929, menreen his > 353 157

90 Ticket stub, Criterion Theatre... 3 560 160

91 Ticket, Italy Trading Oo... 3 50 160

92 **The Children’s Shelter of

New York City.

Building oe 4 670 163

93-101 Bradley Beach, Feb-

ruary 11, 4 621 181

102-107 Bradley Beach, Feb-

ruary 7, 4 621 183

108-112 Bradley Beach, Jan-

uary 16, 4 622 182

118-114 Milk bottle ~ Bradley Beach,

Jenuary 12, + 637 188

115-118 Geaside Heighta,

for identification 1929. 4 661 44

115-118 in - ty 8 1260 410

119 List of articles on beach at Sea-

side Park, December 15, 1929... 4 3 Me

120-124 Seaside De

caube Ih tous ~—_ 4 655 195

125-146 Belmar, be-

fone tae Dew, Lena 4 695 208

147-169 a beach by - >

January 14, ein. @ 732 223

170A-170G, Lake

Se Eee eee,

1714-171 Pactographe, Spring Lake Beach,

a— February, 5 788 243

172A-1 -

inclaive Phowegramas, Bpitg ‘tn ow 5 7 8 8

pee Oy) RS -

174-181 Belmar, material

ey eT a ee

ri Bt

Moore,

garding

Report

beach

B MW

d |

Stipulation.

SUPREME COURT OF THE UNITED STATES.

Ocrosen Team, 1930.

No, 17, Original.

STATE OF NEW JERSEY,

Plaintiff,

vs.

THE CITY OF NEW YORK,

Defendant.

The parties hereby stipulate as follows:

1. The printed record before this court on the exceptions

filed by the parties to the report of the Special Master is to

consist of the printed abstract of testimony taken by the

parties on the hearings before the Special Master to and

including the hearing of April 8, 1930, together with ea sup-

plemental abstract containing subsequent proceedings be-

fore the Special Master, and with the following additions

which were omitted from the transcript at the places

On page 541 of the printed abstract (stenographer’s

minutes, p. 1619) the following should be considered as in-

serted:

‘*Mr. Minard. In order to clear up the situation—

I don’t want to create the impression that we are

complaining because of the short dumping. That is

not our purpose, but we agree——

Mr. Crowe. I think this is entirely out of order

at this time. There is no question before the court

on which argument on this question may be ad-

dressed. Part of my case is putting in the testimony

of Captain Anderson with respect to permits. Coun-

=xiv

Stepulation

sel certainly will have ample time to argue his con-

tention.

Mr. Minard. I don’t care to press it.’’

On page 626 of the printed abstract (stenographer’s

minutes, page 1904) the following should be considered as

‘*Mr. Crowe. I am prepared to show, that the

dumping has taken place and, as a certificate‘of that

fact, I have offered to furnish those permits of the

Federal authorities.

Mr. Minard. Wea admit that much ; but we want to

know how much garbage was dumped.’’

2. The parties reserve the right te refer to the original

Solicitor for Defendant.

op Ht HR

sages.

&§

;

i rip

(tiie

;

ih tn amend ae

The Special Master. Mr. Crowe.

OPENING STATEMENT ON BEHALF OF PLAINTIF?,

A od ed Ree fies

ii : isis Hit itt <7 nt

tue nt

ate teaecil at

For Plaintif—Cyril A. Smack, direct.

stroyed by means of incinerators in our own city. We have

As a boy 17 years old at the Pannaci Bathing Pavilion

I had my first experience in Seabright with garbage.

Prior to that I had had it at the West End—by the way, I

was a life guard when I was 16 years at the West

End. In the course of each summer season there came,

of course, a number of storms from the east, and whenever

the wind came from the east, garbage came too, and as

LFF ALTE z

LE a

i lt Hi dui Haas fai

— <a memnmmel

AL Ere Ee TBE tien

tinny

bs ye :

: yilava afte

aly il

3iGi

For Plaintif—Cyril A. Smack, direct.

At 12:28 three loaded scows got first signal from

unload. Other signals were followed by dumping

three scows. [26] 1:45. Came

with three New York City 8. C. D.

Tine

we were going at slow speed.

scows of the Department of Street

tug Joseph H. Moran with three N

garbage scows in tow going north i

showing in the sea after them. Speeding up,

this trail with no difficulty, as we

and grease for about two miles.

awaited Woodson. After Woodson and scows

us; we started after her once more and

great area of garbage-strewn sea at least

length and over two miles wide. The

luted section we have seen to date.

[27] In trailing Woodson we passed a Na

ing one empty garbage scow, and believe

scows we sighted going out earlier. They are now

ing with scows empty. At 4:52 P. M., Woodson

three scows to dump, and started winding i

Demping continued until 5:19, at whi

: 3

of garbage 12 bottles with

with cards dated May 22nd.

18 bottles in the mass for future analysis before

the scene of dumping. The scows were the D.

D. 8. C. RB. and D. 8. C. D.

Sunday, June 30, 1929. Overtook Tug Woodson

three garbage scows, D. 8. C. B.,

Signal to start dumping given at

BE i

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witness was shown page 3 from section 9 of the New York

siilagtitiPaises el

willing Ail ttEF

hell; ;

andl nati Hite gif

it aafigapal

rit vf! aril

STH HEE

REE 4433033

4 s AP

fyi F

ie ail

sig hili

Pe eH Te He eT PA

inter Hea ie i aa

= aE 2

aif He § 5

Hate lta HH ile

ae i

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hs Hid iit

rie qitisdaa a25F ein

agg tqlap ides !sfe]

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et a

ite Fa

Beant

Hen

ne Hilal

igeeiilis

un isfis 35

For Plaintif—Cyril A. Smack, oross.

letters, that were dated only a few days before the date

they were found on our beaches addressed to New York

City addresses. be agape ee, oa yr rel

have seen milk bottle caps of New York City

business cards of various kinds, forms and letterheads.

I have seen boxes addressed to New York firms, with names

printed on them, in every case New York firma (67) My

little girl picked up some a few hours ago. I saw her.

The wind was northeast this morning and I asked my little

girl to go out on the beach. (69) I have not looked for

my experience along the coast, I have never been to

only swimming, and short trips from the shore. I

been swimming on the high seas. I have gone

about as far as anybody has on the high seas, I

I swam out eight miles and returned, not in

few years though. I did that when I was 1

old. [72] I am 41 now. I made the first

pursuant to my retainer by the Attorney-General

State of New Jersey, on April 30, 1929. Captain

garson and his con, Oscar Holgarson, and myself

stituted the party aboard on that occasion. We made

trip in the fishing schooner Oceanic, a 34-footer, with a

gasoline driven engine. [73] (Discussion regarding dis-

es F

ei Fepieea't

| 133!

al ce Hi

HAE he

HT + 3g338 THE

: Tes $8345.

“4

aehenteeth tie, Remeacnentinatitee tall

boats but not always. I couldn't say positively whether

or not every one of those scows, as shown in that picture,

BITE

fie

JHE

ule

pita]

ite He

Hh HT uit

$4;

nye yy

but

(85) Through the major part of the conversation with

E-|

;

aul

Bae

pis

nt Doane

think if you wat me Yo wxplain what

swer, I can show you in one of the

lp) ER

nas regsty ies: 3 ia Re sageaiyri

att tit - i ue et

JTRS

i HTH i ae

badadl

HHH

HH e'533; Pesyasadec lic} 35

au ith ie ;

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3 135°

sult nai!

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PHT Hi

Por Plaintif—Jesse A. Howland, direct.

six. There was one or two landed below the Highlands,

below what we call Highland Beach, three down towards

the point of the Hook, and up against the Keansburg dock.

One that came ashore in a very bad storm about six years

ago I was requested by the owner of the seow to take men

and go down first and make an observation to see if she

could be saved; and then I was requested to take men

down, and a boat, a email boat, to run lines to the

Towing Company's large tugs, and they floated her.

None of these scows belonged to the New York City

Cleaning Department. They were hauling garbage

New York City.

When I was bathing master at the Octagon Hotel

at the Normandie Hotel, it was one of my duties to

the beach clean, and we had so much garbage

it was impossible for me to find spots on the beach

bury it after it was raked up. At least three hours,

average of three hours a day was spent by myself

raking garbage and burying it. It consisted of all kinds

of vegetable matter, broken furniture, eggs, electric ligh

bulbs. I have in my lifetime seen babies

i zike

SEs

matter, printed literature and cut the strings and

it. And no end of memorandomas, letters and things

up, letters, envelopes, [104] addressed to New York.

There were not any other address on them than New

York. These things that { picked up and ve

5 & = a

Hat

bottles. There are times that garbage comes in in unlimited

qudntities. I have seen it come in so that between high and

low water you couldn't find clear sand enough to lay down

coming in out of the northeast I have seen [106] garbage

almost as far as you could look. Standing on the beach,

A Hite i it est

Hatin

s2958i isi

Scows have been washed up on the shore during

terrible storms. Those scows were not Street Cleaning

scows of the City of New York, but scows of private con-

tractors, like the Bowker Company and O’Brien Brothers.

I am testifying about the scows belonging to O’Brien

Brothers, hired by the City of New York.

Q. And what connection did you have with O’Brien

Brothers?

A. I have been having business dealings with O’Brien

Brothers for about 15 years and know the scows were

hired by the City of New York or by people in the

City of New York, the Mayor and the Street

’ Department and the officials of New York City. [113]

O’Brien Brothers had two come up on the beach and one

went to pieces just off of Seabright. That was approxi-

mately six years ago when they had one go to pieces, and

in the same storm one went ashore at Sandy Hook, and

the Bowker Company had one come ashore at Sandy Hook

at the same time. The O’Brien Brethers didn’t have any

live at Long Branch. I heve lived

83 years. I am familiar with the

in the vicinity of Long Branch.

about 70 years. My business brought

erki

sea all the time. I went out to sea as a

tired from the sea when I was 42 years old,

from business three years

years or so, I have not

sf ee

areas. Whenever the

or east, and the current was righi,

always there. I have observed

Long Branch. I have seen a whole

{ have seen the garbage on the shore

was right, sometimes in very large quantities;

not quite so large. [118] This material

thing on the calendar; grapefruit, oranges, lemons, ba-

nanas, onions, potatoes, turnips, cabbage,

crates of all kinds, beds and bed springs—I

know, because I had nets,

get into the nete—tin

Het

Thier

“fpgei

+ Bait

addresses on them

It never fails. (120)

) = eat cena

THE

eae HE + uf

HSE iy iit Hdd Pet ee Pre EL

Ni oo th i

Lat i HH ifs}

ili

nae Tne nt vit heath

I was here in February, 1929. (Photographs were

handed to the witness.) I remember this. I recoguize all

this. I was not present when they were taken, bat I

have some that I took with another camera at

about the same time. I was down at the beach

bit of this. (The photographs were marked ‘‘ Plaintiff's

Exhibits 26, 27, 28 for identification.’’ They represent

conditions on the beach on February 7, 1929. This gar-

bage condition affects tho business on the beach, our

bathing business. Without the beach we wouldn't have

any Allenhurst. I have been in business along the shore

here for twenty-five years, [129] the automobile business.

That business has brought me into contact with the people

who come here for the summer. At the same time for a

number of years I have been a member of the commission

government. Complaints come to me through the borough

clerk as a rule, and I go down and investigate the con-

ditions on the beach. For the first eight years of my

administration I was in charge of the beach. I was

ve Ath A HHL fh

bage that we have at Allenhurst. That condition is

unusual condition.

On re-direct examination. By unusual I mean a greater

quantity than usual merely that the quantity was greater.

These photographs show a condition that is unusual as to

I have been a fisherman [137] about 20 years. We fish

usually offshore of the Lightship, off the Scotland Light-

ship. We go whenever it is ft, whenever the weather per-

mits. I fish with a lobster pot. I am a lobster fisherman.

I have seen the garbage scows out there. I have seen them

dump. I have never taken so much notice of them, but I

For Plaintiff—Frederick I. Voorhees, direct.

see them every day either going to or coming

frit

biyiniik

a HET HEEE

TET Ess i

aj}stta

1 Hig

3 ALT

sy i leh;

SEE Ih

a: hits

ahaa Gi

te Ha .

aie

quite some quantity of it

tee

if}

A itil

7 aggregate ne bth me iy

This garbage condition on the surface of the water is a

more or less regular thing. Y: a see it every day that you

I know that that garbage comes from the scows.

ser the dumpine I have seen

For Plaintiff—Frederick I. Voorhees, cross—re-direct.

[150] On cross examination. Where this garbage comes

from is a question that is hard to answer. I have an-

swered it. I know the scows. I have seen the scows dump

was the same garbage. But I wouldn’t

can go

a grapple and pick up a line that has got no buoys on it.

My lobster pots were about 19 fathom deep, where I was

fishing in November. I know a little something about the

at the time of its dumping. Some of it remains above the

water for a considerable length of time after it is deposited

from the scows and some of it, I think would sink pretty

quick. Most of it would sink pretty quickly, I should say.

would see it when I go through it, [154] probably a pail

or bucket, or someting like that. I never saw them throw

more than a bucketful at a time. The quantities I have

seen out there some of the steamers wouldn’t be able to

carry, hardly. I have seen quantities larger than the

steamer could carry. I have never seen anything else out

in the ocean except [155] these barges, that would account

for the presence of this garbage that I described. If

there had been anything out there big enough to carry

that quantity of garbage, I was in a position to see it.

For Plasatif —Frederick I. Voorhees, re-cross—re-direct.

On re-cross swamination. The coast craft that pass by

are not very thick. You prebably would see three or four,

maybe more, in a day. Some days you wouldn't see

hardly any—that is, steamers. You see some barges, too,

along with them, coal barges and things like that. Bat

some days there is quite a lot of ocean liners go by, bat

es §

;

Fé

are not in the lanes of the steamships. The scows run

* southeast, practically, when they go out, and the ocean

liners go out from Ambrose Lightship, which is north of

the dumps, and then they keep on more to the

On re-cross examination. [158] That is two or four

miles north of the dumping ground. I don’t think the

Mediterranean vessels take the same course as the north

European vessels. I believe that the Mediterranean cruisers

and vessels going to southern ports take a course further

to the south. They would pass nearer to the dumping

grounds than the north Atlantic. They go way in-shore

of the dumping grounds. Those are the vessels that I

saw dumping garbage.

Ha ‘ia iH i is;

ia Ft

aia ij ti

utyepe +

He if! RTE + A

HEE

38;

jl: | Te aft

Hb Ni Hine

nate

ate tH

Wis #

Hite sai EGE

away from it, it comes right to

233

that stuff shows up just after they

Driftwood was among the garbage

And it would be the driftwood that

25%

s#1Lt

notice different things drifting. I would

tify garbage on one day as having been

some time previous on another day by the

article that I happened to see, like a box. I

would distinguish that box at the time it was dumped, by

the way the top happened to be broke, and in what position

it happened to be broken. When I saw it again, it would

attract my attention and I would know I had seen it be-

fore. [169] The tide and so forth would bring it to a

different place, and it happened to be on my course on

the following day to run across it, on my course south

there in fishing. The object on the second day would be

three or four miles from the position where I saw it

dumped on the first day. My identification would depend

upon my recollection of the shape of the box.

2-3

“<

“6

For Plaimtiff—Alfred Schweiteer—re-direct.

[170] On re-direct examination.

we call the tide streak and forms

overboard. I would see an

overboard, but o

seen any garbage thrown

possible for the garbage I have

from passing vessels. I have

material dumped from the scows.

is dumped overboard, it seems

of the scow and the longer it

streaks and drifts wherever

strings out in long streaks.

both the wind and currents of

and wind get in a certain posi

It goes whichever way the wind

it. The condition of this matter that I see

decayed, and stuff that will drift. (Wi

fication number 12, the condition of the water

[173] the barges, was pointed out.) That is

call the tide streak. It consists of the

forth that washes to one side, which forms like

and the current kind of keeps it one side, and

to build up into the slack of the water and gives

‘ that will float a chance to aceumulate and

ziti

Sad 84 ae

festiee

bey

Teeiit ps

hold

RHI ¢ ERESEGE

fit Tes

iieln 7

i da aH ape

q §2*

igi ite RE

He vai EBL Hh

i Hine ae iT i :

<' Z ij gis! He fet dash £431 ;

Fi{k itil 3 Be LEE 228s f

UAE RAHA aia

mua EEA

+ Healiied TT UTE tH!

. Tt t 3% 233 $2 °

piu elt

EET LER Eee

For Plaintiff—Louwis H. De Camp, direct.

water when they dump the scow. When

suppose it spreads out over a place of about

hundred feet. That is altogether in « close

that it strings out, spreads out and floats

with the different currents and divides

all over. I have seen the mass after I

my lines. I have run throngh it when the

little light. I have seen it pretty close to

ing. It comes into shore if we

RFs.

to the south, generally coming

haven’t seen so much of i

are out of the way of it.

Highlands comes in the

comes up on the shore and

you get stuff on the beach

seen that. (188) Identification nam

number 21 are right after a damp. Number 19

after a dump.

Q. How long does it remain in that

A. It will remain that way, I suppose,

an hour, according to the wind, how strong it

there is no wind it will float

out, keep working loose, but if

will work loose a little bit

together so much.

(Referring to number 18.) There are

through it. I have seen that condition.

out ways many a time and run through i

just little spaces. This is from one side

and that is from the other. That is

18 is where the scow has gone through. [188] Number

I have

(Referring to number 14.) That has

stretches

that has been dumped quite a little while. That is

;

been spread by the scow. That happens more or less like

that, when it is together like that, where the scow goes

Number 22 that is immediately after a dump. That is all

through, where it probably all works out at one time. Num-

together in a heap.

Tree ee ae THIN

iri

;

iba

On cross

shore to the

eighths, in «

(194) I have

THE afailt 23

clear weather I can see them, evory day pretty near. They

dump off the shore about 18 miles. They don’t dump al-

ways in the same place. It would be close by. [197]

As soon as they dump it, that stuff floats on top of the

water, what will float, and the rest goes down to the bot-

tom, part of it sinks and part of it floats. I have seen

conditions existing there as shown in Exhibit 21, just after

adump. I have seen conditions existing as shown in num-

ber 15; also number 18; also number 13. I have seen them

often. That is the general appearance of the thing after it

has been dumped. Number 14 shows it spreading out a

little bit. After this stuff has been in the water for a little

while [196] it spreads out, gets bigger, and then it drifta.

Number 14 shows it drifting according to the tide. I

see that stuff drift around there. I remain out there after

a dump, out there where the garbage is, sometimes five or

six hours, or more than that. At that time it will be

moving. The tide and the wind moves it. I have seen it

drift toward shore. Mostly it is the tide that causes this.

£eac% gis S528

itlah ees

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| ili .

HTT HA

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HHH

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15 itls i ifnge ih ALG ths i : aif

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Sigel eigaliig

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il]

His!

It took me 40 or 50 minutes at slow

speed to pass through the garbage that I mentioned. [216]

My vessel was moving faster than the motion of the tide.

we struck into it.

On re-direct examination. When we got under way we

garbage. The drift of garbage that I

five or six miles out was continuous all the way

through

and I went through it all the way until I

. When I got to the shore, there were parts

shore,

shore

nto

got

of it had already gotten there and piled up on the

beach. I didn’t notice any vegetables and fruit and

meat and things like that in the stuff that had already

gotten in on the shore. There were cans, tin cans, and

bottles and such stuff, pieces of wood and so forth.

OL OL LITT AE

ROP COA OE OE

For Plaintiff—Carl Holgarson, direct.

On re-cross ezamination. I saw a large quantity of .

wood on the shore many times. On re-direct ezamination.

[217] The garbage that I see floating out in the ocean,

has wood and sticks and boards in it.

CARL HOLGARSON. On direct examination. 1 live in

North Long Branch. I am a lobster and net fisherman.

I have been in that business ten years. [218] I have dis-

continued work for this season. I quit the middle of No-

vember, about. My fishing season during the year is

tions that I recognize (indicating photographs). I have

seen streaks of it that looks just (219) like number 19.

That isn’t so wide. That only runs one way. That is a

tide streak. I have seen

yards or so. I have seen conditions like number 14 pic-

ture shows. It is opened up a little. Those strips can

be seattered out for a long distance. I haven't seen them

so big, but I have seen them two or three miles. [220] I

recognize the condition shown in number 24. That is

more scattered out. We try to go through it where it

is not so much, but sometimes we have to change our

course in order to get to a place where we can get through.

And then it slows us down. But we get through. These

garbage areas drift with the tide mostly. The wind

affects it, wind and tide mostly, because I have drifted

with it. I have drifted with the garbage, sometimes to

the shore and sometimes off-shore, sometimes north and

sometimes south. I have never followed drifts of this

2 RETR OO oer TEE ~ OR me Re re Re OF pH

(224)

When that happens we have to go through it and take a

ay Hit si

s es HIE U

fiz:

fii “HEED

RHE HE

: pst ae

$3 HT #3 : adsl

fpial |

SutHie fais Th

33 ar8hi teal

chance. We have a man that cleans up the beach. We

lease or rent the beach, and we have a man there to take

care of that. I have seen some bundles of paper I picked

up, and boxes once in a while I have noticed marked New

York. There was some papers come from the business

places in New York, business clubs or something. I don’t

know exactly. I have never seen any that came from any

other place than New York [225] and Brooklyn.

fee

5 2 EES oe

ig es

Hel

meetings

{230

] every

y, some

days as high

as 12

and

13.

Por Plaintif—M. E. Snyder, direct.

We have a very elaborate form of concert entertainment

and lectures. We usually try to secure the outstanding

preachers of all denominations for the summer Sunday

program. In 1926 we had Bishop Freeman of the

Episcopal Church and Bishop Wilson of the Methodist

Church, Mark Matthews, who was then the moderator of

the General Assembly of the Presbyterian Church, and

men of that type from all over the world. In 1927 we

had two bishops. In 1928 we had three bishops, and in

1929 we had three bishops, and likewise the outstanding

men of various denominations. Two years ago we started

a count system of our preaching services. In 1928 there

were 97,710 persons attending the preaching services

alone. Last year the number was £5,216. We have con-

certs such as are furnished by Galli Curci, Madam

Schuman-Heink, John McCormack, Kreigler, Marion Tal-

iey—all the outstanding artists of the world and some-

times they draw a capacity [231] house, which is about

10,000 people. This represents (exhibiting a photograph),

the auditorium of the Ocean Grove Camp Meeting Asso-

ciation. There are accommodations to seat about 8,000

people’ (The photograph was marked ‘‘Plaintiff’s Ex-

hibit 30’’ and admitted in evidence.) (Exhibiting a photo-

graph.) That is a view of the interior of the auditorium.

(The photograph was marked ‘‘ Plaintiff’s Exhibit 31’’ and

admitted in evidence.) Number 31 looks toward the pulpit

end. This picture (exhibiting a photograph), [232] shows

the interior of the auditorium, looking from the pulpit

towards the west, or rear of the building. (The photo-

graph was marked ‘‘Plaintiff’s Exhibit 32’’ and admitted

in evidence.) Those pictures (numbers 31 and 32), were

taken more than two years ago. I can’t give the date of

those. The exterior of the auditorium was taken two

years ago by Adams and Brown. The resident population

of Ocean Grove is between 3,500 and 4,000. [233]

I have complete charge of the business affairs of the asso-

ciation, and we are a municipality ——that is, a quasi-

nA SPT YG RTI ¥ EM PAY

For Plaintif—M. E. Snyder, direct.

municipality—and I have the enforcement of the laws. I

act really as the mayor, the council and everything in

general. Our summer popalation rune from twenty-five

to thirty-five or forty thousand people. We have a great

many summer residences there and a great many botels.

The collector informed me that the tax ratables for 1928

amounted to $9,240,295. (Discussion as to relevancy of

this testimony.) (235) The collector's name is Edward

Sweet. (236) (Further discussion.) (238) The approz-

imate proportion of the property ratables represented by

sunmer hotels and boarding houses is three million (239)

dollars. The amount of those tax ratables that are de-

voted to summer homes for private parties is approxi-

mately $1,500,000. The proportion that is represented by

purely pleasure resorts is $25,000. Ocean Grove has in-

vested in boardwalks $45,000, approximately. It is very

nearly accurate. We have spent for piers and jetties to

preserve the beach about [240] $60,000. We have spent

for bathing pavilions and bathing facilities or clubs along

the beach $50,000. We have a beach frontage of approx-

imately three-quarters of a mile. (The witness produced

records to show the amount spent per year for the pur-

pose of cleaning garbage off the beach for years 1926,

1927, 1928, 1929.) (Objection to their admission. Over-

ruled. Exception.) [241] These are the time sheets of

the employees of the Ocean Grove Camp Meeting Asso-

ciation who work upon the beach in cleaning. These are

the original time sheets, with the original signature of the

superintendent of the department on them. There is a

column in there devoted to the question of cleaning gar-

bage on the beaches. I have a statement compiled by my

cashier, under my supervision and direction, covering the

report. [242] I ordered this compilation, ordered the

sheets taken out from our other sheets, and then a com-

pilation from that to this, so thet I would get the amount

each day and the names of the persons involved. And I

have extensively checked up to see that they are right.

Railroad Company, the New York and Long Branch Rail-

road Company, McGarvey’s Bus Line running from New

York City; Gray Auto Line, running to Atlantic City.

I have made efforts to relieve the garbage (243) condi-

tion on our beach. I have communicated with the State

ee ee ee

iste

FULL

ppetet’

bis cit

sehiee

ine

erty

Mr. Minard. I offer the 1926, subject to your verifica-

tion on the figures.

For Plaintif—M. E. Snyder, cross.

(The paper was marked ‘Plaintiff's Exhibit 33,’’ and

admitted in evidence.) All the sheets for 1927, 1928 and

1929 are the same. They have been compiled in the same

manner. (280) (The papers were marked ‘‘Plaintiff’s

Exhibit 34, Plaintiff's Exhibit 35, Plaintiff's Exhibit 36;’"

and admitted in evidence.) The amount spent in 1926

for garbage cleaning was $430.08; 1927 was $291.33; 1928

was $297.84; 1929 was $194.90. [251] (Photographs were

shown to the witness.) That is a picture of the Ocean

Grove beach looking toward the north end. [252] I have

on the surface and in the undertow. It has interfered

with bathing on our beach at times. It comes in with

northeast and east winds.

[253] On cross examination. I am a doctor of philos-

ophy, but I belong to the clerical cloth. Ocean

a very famous ocean resort during the bathing season.

there during the summer season. There is no boat land-

ing at Ocean Grove. The nearest that I would say would

be the Highlands. People come from Philadelphia as well

as from New York and all over to Ocean Grove during

the time that the religious and educational campaign or

program is on during the summer. [254] They come

from practically all over the world. Quite a few of those

who come there, come there with the intention of using

the beach and bring their own baskets of food and

BEgEiE

Rll

itis

Fis

rita

Escet

'eekee

pavilion that takes care of its own refuse. It is my ob-

servation that garbage comes upon the beach from some

source or other only during such time as there is « north

ee, SOO RT OT Vey eer fe, Pe eer rete

For Plaintif—M. E. Snyder, cross.

or northeast wind blowing. (255) At all other times of

the year there is practically no garbage from any source

upon our beach. Of course, there is some refuse left on

the beach every day by the visitors, bat we have men

whose sole duty it is to clean the beach every morning.

They are not included in this tabulation. This tabula

refers only to those conditions that have been crea

northeast or easterly storms, which bring in the great

bulk of garbage.

Q. So that if we examine these sheets that

been offered in evidence, they will cover only such dates

as there has been a northeast or east wind and garbage

has come upon your beach? Is that correct?

A. Well, I cannot say as to the wind, due to

that the collection of garbage is made after the storm, not

during the storm.

Q. Well, then, it will be the day following?

A. Sometimes immediately following; sometimes not

immediately; because I have allowed it to remain on

the beach so that the authorities could see it.

I have permitted it to remain on the beach after it has

been deposited there by a storm, sometimes as long as two

weeks. By referring to those sheets (256) I cannot point

out those dates when it has been on the beach for two

weeks before it has been removed.

Quite a large number of people from New York come

to Ocean Grove. I do not know the proprietor of any

restaurant or restaurants in the City of New York who

lives in Ocean Grove. I would not be in a position to know

that fact by reason of my official connection with the

Ocean Grove Association. I am very familiar with the

members of our association. [| am willing to state now

that none of the members of our association are connected

with a prominent restaurant in New York to my knowl-

edge. If that were the fact, I would know ‘t, unless they

might be a stockholder. (257) There is no member of

the association who is connected, to my knowledge, in a

OP, SOD. OL GIT GAY PTO SS ES i Se ae Armee

WH aT HE HaHa

yillyss .

iE il ; Hat ti ate He

tae Bi ; fe janet

.§3 He s iS

Hii + Be i ii the Hp

iy 3

pile tie iN iis

For Plaintif—M. E. Snyder—re-direct—re-cross.

Q. Now, then, that clearing shows that he was not

removing any gorbage on that day from the beach, does

it not?

A. Yes. ‘

Q. But this period of time is included in the com-

pilation, is it not?

A. I can’t answer that.

Q Well, you had this checked back to some extent,

did you not, doctor?

{260} A. Yes, but I can’t tell you which ones I checked.

Charles Parker. That is enumerated ‘‘wood.’"’ That

is driftwood all the way down (indicating on paper).

Q So that, in view of your statement, doctor, that

for a period between July 19 and September 6, 1929,

there is included in the total compilation as to which

you have previously testified, figures that relate to the

removal of driftwood and not garbage?

A. Driftwood and garbage as well.

Q. Where is there any statement there to indicate

that garbage was removed?!

A. There is no statement on this particular sheet

relative to that, but from my own personal observation

I know there was garbage there at the time.

{261} I know the condition of the beach. I am on it

every day half a dozen times. I was on that beach on

July 19 at various times of the day. I observed wood.

I observed orange peels and grapefruit skins. I have

a clear recollection of the condition of the beach at

the time. I can’t say as to the exact date. The

reports indicate driftwood, but in the driftwood there

is garbage mixed.

[262] On re-direct examination. The driftwood is fre-

quently a part of the garbage itself that comes in.

On re-cross examination. I cannot recall the date, but

one storm drove in such an immense amount of garbage of

all sorts, and driftwood with it, that it filled up the flume

Por Plaintiff —H erman Stickler, George L. Goodrich, direct.

at the south end. ‘It represented easily a hundred (263)

wagonloads of trash and stuff, and the only way we could

remove it was to open the leke and

lake force that out into the sea

the beach where it could be collected.

driftwood would collect whatever it came

= &

3 F

(265) GEORGE L. GOODRICH. On direct examination.

I live at 29 Ocean Pathway, a block and a half from the

beach, Ocean Grove. I have lived there nine years. I

live there the year round. I am familiar with the beach

front at Ocean Grove. I have seen the garbage on the

beach at Ocean Grove, lots of it. (266) It is my custom

to go to the beach before breakfast every morning, and, of

course, I notice the shifting sands and the garbage and

a i ee a betas ee el

Por Plaintiff —Wiliam Parker, direct.

skins, orange peel, cans, boxes, bottles—a great many

small tins I have roticed, such as these Babel tins and

Gresolvent and several of those where the labels can't be

washed off, where they are printed on the can. But I

never go down on the sands myself, because there is quite

a long stairway. (2387) I have not examined or seen

anything on the beach that would identify its the

place of origin. Most of these are made by national con-

cerns. The garbage just litters the whole beach with

—aeas I say,

_»*@m account of the dirty beach. The wa

the rollers, as we call

about which I have testified from the boardwalk. | am

down there quite a little. I very seldom go down on the

eand, on account of climbing the stairs, and I can't go ap

and down stairs.

WILLIAM PARKER. [2369] On direct crammation

I live at Ocean Grove. I work for the association. I am

sort of a superintend nt—that is, foreman like. I have

to kind of look after the men and see that they are all

working. I have to go down there and see that the beaches

are cleaned yp. I have been engaged in that work for a

little over ten years. I am familiar with the ge ~bage con-

| ae

ar ane

1 1H: amit “{3 affF

i te cana

mit ip-P ed

ipl fiiee Hed

AT yi gEfges ie

+ 2425 fuiniatil!

SHH OHHLE thin

I have ve me the arhag

floating in the water in the undertow.

an ay unae atten nee

have seen it in the rollers. [273] ‘acumen ete

* am quite

I am familiar with the beach at Ocean Grove.

there in the winter-time two or three times «

GEORGE T. MOSF N. On direct examination. I live

in the -ummer-time almost every day.

at Ocean Grove. (275) I am a retired physician. I have

lived at Ocean Grove for five years continuously, and I

was down here about three years in the winters before

bather in the summer-time.

that.

ee meee ot ow Qt gt os SOC RE WL

looking foam at that time.

notice of the number of times, but I

pened two or three times during the summer—say,

possibly. The bathing is interrupted usually just for one

day. It usually clears up in aday. You understand dur-

ing the storm you can't go in bathing, anyway. The ocean

is too rough, and by the time it gets quieted down then

there is thie garbage. It usually follows the storm, be-

cause the ocean is so rough during the storm that it is

all mixed up, and it don’t settle. [277] A perfectly clean

beach would be more attractive than a dirty beach. This

is the subject of complaint in the community among the

summer people. They all tell me, ‘‘ You notice how dirty

the beach is today, nasty."’ I have never identified marks

or names or addresses on any of the articles in the gar-

bage, because I have never tried. I didn’t know that I

was going to be called on. I never took any particular

notice to see where it came from. I have observed quan-

tities of material, garbage, floating from the ocean to the

beach. I have seen it, say, a few hundred feet, as far as

you could see easily. You couldn't see that probably in

the waves more than a coupie of hundred feet, I wouldn't

think. It was floating in masses on the top and mixed in

the waves at the time I saw it. [278] Some of it floats

Por Plaintif—George T. Moston, cross.

and some of it is in the water. I

in particular when it was covered, literally covered almost

to the boardwalk for 20 or 30 feet wide, 20 feet wide, any-

way, the whole length of the beach, 15 or 20 feet wide. Of

course, I didn’t measure it. That is only a guess.

On cross examination. This description I have just

given relates to the beach proper and also to the condition

out in the water. [279] To observe this condition, I have

often walked on the beach, on the sand, and otherwise on

the boardwalk. That was at Ocean Grove, Asbury Park

dred feet from high water mark. That is only a guess.

(280) I think I can see a grapefruit and orange 200

feet. At that distance I saw something floating on the

water, from the edge of the water to that distance.

couldn't swear that I could see any beyond that.

walked the length of the beach north and south. (281

Ocean Grove, I believe, is something like three-quarters

of a mile. Possibly I have gone half a mile down Brad-

ley Beach and probably three-quarters of a mile up as

far as here, and maybe further from Ocean Grove.

couldn't see any greater distance than 200 feet-from any

particular point of observation. That would apply north

and south, as well as out in the ocean. The sea is very

rough during a storm at Ocean Grove. It has an intensity

of agitation as great as any point along the Atlantic sea-

board. I don’t know whether the municipalities do pro-

hibit bathing or not at those times, but, of course, nobody

does bathe at those times. I don’t think it is necessary

to prohibit them. They wouldn’t dare to go in. [282]

From the life saving station they patrol the beach. There

are not many of them at this point along our beach. You

see one usually. I can’t say I have seen lifesavers along

_—

—e2

—

For Plaintiff—James Hurry, Calvin Reed, direct.

the three beaches that I have mentioned, Asbury, Ocean

Grove and Bradley Beach. I have seen them along the

Ocean Grove beach. I have never seen any lifesavers

at Asbury beach, because I don’t go so often along As-

bury. (283) After a storm I will take a walk up the

beach to see the damage that has been done. That is

quite natural. There is considerable damage done by

these storms sometimes. I can’t say that I have observed ©

any within the last year, but I have during the last five

years.

JAMES HURRY. On direct examination. I live at

[284] Ocean Grove. I have been in the real estate busi-

ness in Ocean Grove for fourteen years. I am not familiar

with the garbage condition on the beach at all. I have

‘seen it sometimes, probably only once or twice a year that

I get down. I do not know anything about the effect of

the garbage on the beach upon the development of our

community. We have complaints come in about it

through out clients. It don’t have any effect on my busi-

ness. Only the complaints we have during the summer

about it is all. So far as interfering with the business is

concerned, it doesn’t interfere.

[285] CALVIN REED. On direct examination. I live

in Ocean Grove. I have been street superintendent of

Ocean Grove for fifteen years or more. I have to keep

tab on the beaches all the time. I have the superintending

of the cleaning of the beaches. Following a northeast

wind that probably would last for two tides, we can almost

count on every time going down to the beach to cart off

the garbage and trash. Our beach is about 3,600 feet

long. It is about 100 feet wide (286) from mean tide to

the boardwalk, and following these northeast blows it is

just covered with garbage and trash from one end to

the other. Of course, we try to keep our beach clean all

the time, and we have to get right down and gather it up.

For Plaintif—Calvin Reed, cross.

It consists of almost everything you can think of. The

garbage is partly decayed oranges, grapefruit, bananas,

onions, cabbage, turnips, potatoes, water melons, canta-

loupes—almost all of that stuff. Trash comes in with

the garbage such as bottles, barrels, boxes, and wood of

most all descriptions, that is, lengths, barrel staves, box

staves, parts of boxes and bottles, everything from a five-

gallon bottle down to one as big as your finger. I kept

a record last summer of one instance where we carted

four loads of garbage off of our beach. Now that load,

I mean, is a yard and a half dump wagon. That was

nothing [287] but garbages, bananas, oranges, grapefruit,

apples, all such stuff as that. We have a place over

at the upper end of town where we cart it. The garbage

of our own town is taken by a contractor over in Ocean

Township,

I have been in Ocean Grove for 33 years—or 53

years. I have been connected with the street work for

15 years as street superintendent, and I have been

working for the association for 33 years. Boxes and

barrels and things like that, they have all got the manu-

facturer’s name on them. I cannot recall any places

that were marked on any of these articles any more than

the manufacturer’s marks on the boxes, like. Babbit soap

or something like that. [288] I have never picked up

any papers that had any addresses on them because I

never go through the trash and hunt it.. We have to

go down there and get it off the beach. We take it off

the beach with rakes, pitchforks. We have boxes with

rings on them and load the boxes up and two men carry

the box up and dump it into the wagon. The garbage

when we pick it up off the beach is partly decayed. It

does not leave any ill effects upon the beach after it is

removed because we rake it right up clean and cart it

away. I do not remember a storm in February of this

year, around the 7th. [289] I think we had to cart

it off twice anyhow this summer. I know after one

For Plaintif—Herman Stickler, direct, cross, re-direct.

on Friday night we had a dickens of a job to get on

the beach on Saturday.

On cross examination. The garbage always comes

in on either a north or northeast or east blow. It

comes in on about the seeond tide. I said the gar-

bage in Ocean Grove is carted away by a contractor.

It is taken up every day for six months and twice

[290] a week for six months.

HERMAN STICKLER. On direct examination (re-

sumed). (Witness was shown Exhibits 31 and 32, pic-

tures of the interior of the auditorium.) The date that

I took them is on the picture. (Witness shown a picture

No. 606-E.) That shows the boardwalk in the vicinity

er right in front of the North End Hotel, and it is a

view of the boardwalk looking north. It was taken on

September 1, 1924. [291]

On cross examination. I use a regular view camera.

The size of the plate of my camera is seven by eleven.

This is a picture produced from the plate. (The photo-

graph was marked ‘‘Plaintiff’s Exhibit 37’’ and ad-

mitted in evidence.)

On re-direct examination. (Witness shown another pic-

ture of the boardwalk.) I took that on September 1, 1924.

It shows a view of the boardwalk at the foot of Ocean

Pathway, looking north toward the North End Hotel.

It also shows the beach. [292] (The photograph was

marked ‘‘Plaintiff’s Exhibit 38’’ and admitted in evi-

dence.) I took picture number 597-A (exhibiting photo-

graph) on September 1, 1924. It shows the North End

Hotel with the pavilion adjoining on the beach, and it

is a view looking north. It also shows a section of the

beach. (The photograph was marked ‘‘Plaintiff’s Ex-

hibit 29” and admitted in evidence.) I took picture

6069-A (exhibiting photograph) on September 4, 1924.

For Plaintif—Wiliam J. Meyers, direct.

It shows the Ocean Grove beach taken from the [293]

south end pavilion and looking north, and also showing

part of the boardwalk at the fishing pier at Ocean Grove.

(The photograph was marked ‘‘Plaintiff’s Exhibit 40’’

and admitted in evidence.) I took picture number 5464-A

(exhibiting photograph) on September 4, 1923. It shows

the beach taken—and the boardwalk in Ocean Grove,

taken from the south end pavilion and looking in a

nerthwesterly direction. (The photograph was marked

‘*Plaintiff’s Exhibit 41’’ and ad. ‘ed in evidence.) I

took picture 5472-A on September 4, 1923. It shows

the beach and the surf at Ocean Grove, and [294] it is a

view taken from the south end pavilion looking more in

a northeasterly direction this time. (The photograph

was marked ‘‘Plaintiff’s Exhibit 42,’’ and admitted in

evidence.) I took number 5473-A on September 4, 1923.

It shows part of the beach and the ocean front in Ocean

Grove and near the south end pavilion, and it is a view

looking directly east. (The photograph was marked

‘*Plaintiff’s Exhibit 43,’’ and admitted in evidence.)

On re-cross examination. We took those for the Ocean

Grove Association at the time. [295] We were requested

to take these pictures by the association. They did not

necessarily designate the spots that they wanted taken.

They left it entirely to our judgment, for their advertis-

ing purposes. These pictures were used, or intended to

be used, for advertising purposes for Ocean Grove. That

applies to every one of these pictures, the crowds on the

beach as well as the boardwalk pictures.

WILLIAM J. MEYERS. On direct examination. [296]

I live at Monmouth Beach. I have been in the fish business

for six years at the Lockwood Seafood Market, right on

the beach. Before that time I was in the same business,

fish business for the last forty years. I am a little bit

familiar with the conditions at sea. I am right at

For Plaintiff—William J. Meyers, cross.

the water front all the time. I know something about

the dumping of the garbage scows out in the ocean.

I see them going up every morning and coming back

empty. I see the garbage on the sea. Right in Monmouth

Beach, loads and loads of it; tin cans, orange peel, grape-

fruit, dead dogs, cats, chickens, grapes, all kinds of

crates from New York, bottles, electric light bulbs, old

beds. I have seen them pull old beds out [297] of the fish-

nets at Galilee. There are fishing pounds at Galilee.

Five men there have fishing pounds along the coast.

Bed springs and boxes get into the nets and tear them

all to pieces. The garbage has this effect on the beach,

that you can’t hardly walk at times on the beach when

there is a northeast by east wind. These articles of

garbage that come on our beach are decayed, very much

decayed. We bury them generally, get down there and

scrape up the sand and bury them right in the sand.

We have this condition every time there is a storm

northeast by east. I have examined articles in the gar-

bage that appeared to have names or addresses on

them. I have taken home loads of wood with different

([298] addresses from New York concerns, fruit dealers,

crates, you know, with names on them, that come from

Washingtop Market and so forth, and around that way.

I picked up a load of paper one day, but I didn’t think

I was going to be called up or I would have kept it.

There was a lot of newspapers in the bundle and a lot

of old clothes, cloth, you know, wrapped up as if some-

body had chucked it over. I have never been out where

the garbage is dumped. I have never seen them dump,

but I have seen them go on out past the market and

back again. My market is on the bulkhead at Galilee,

right on the shore. You have to go up the steps to

get to it. I have seen the garbage in the sea before it

gets to the shore. I have seen it run from, I would

say, 300 [299] feet. I have seen it that distance out with

For Plaintiff—Alez Oleson, direct.

the naked eye, and about a mile long to my knowledge.

On cross examination. I don’t go out to sea.

ALEX OLESON. On direct examination. I live at

Monmouth Beach. I am a fisherman. I fish for lobstérs

and fish. I go out to sea in my work. I have been in

the fish business for [300] twenty-five years, every season,

every summer. Our season is sometimes five months of

the year, sometimes the whole year round. My work

takes me out where the scows dump. I have seen them

dumping garbage. In the summe I generally

them every time I am out there which is every

when the weather permits. After they dump,

sink first, part of it, like the heavy stuff, like mud,

up bricks, sand and different materials like that.

sinks, and after that sinks and hi

loads like tons and tons in one

that muddy bottom, all that old stuff

and oily, the oil floats up in bubbles,

the oil to the top. The garbage, the

might sink a ways from the dump when it slides off

scows, but it will float up again, particles will

float right to the top of the water and others

see down in the water, eight or ten feet down,

(Witness shown Exhilit 16.) (Indicating.) That

pretty heavy, but right by the scows when they have

vette:

g =

FRE

just dumped it will float up like that in back

scows. (Referring to Exhibit Number 17.) I

it as heavy as that along the beach. I

when it has reached the beach as hea

Monmouth Beach, right in Galilee. I

grease slicks quite often. (Referring to Exhibit Number

21.) (302) I have seen it just as solid as that, but

of course I couldn’t judge the area. I have seen condi-

tions as thick as that in Exhibit Number 14.

I have seen conditions like Exhibit Number 24 It

has happened several times that we have had to stop

For Plaintiff—Alez Oleson, direct.

the boat and take out the oars and row through it.

We couldn’t run the motor. There were boxes, barrels,

blocks of weod and all kinds of garbage mixed in with

it, some other little things. Some of it will drift right

into the beach. I have run in garbage right from

dumping ground on it, and when we get to the

I always landed the boat on the beach till

sss

ses

=¥

;

so we

the rollers. It is caused by dumping stuff that

in on the beach, and we can

beach and roll the boat with- [303] out clearing up

streaks, what we call tide streaks, and that streak at

times will run right from the dumping grounds into

the beach, or it might run in the opposite direction.

I have seen a streak of garbage from the dumping ground

to the beach off and on, heavy in places, but the width

of the streak. I have driven my boat along one of those

streaks going in quite often. Sometimes we find pieces

of cork from old wrecked ice boxes, that have been used

for packing. We pick that stuff up. I have made iots

of buoys out of that cork. As to articies I have seen

in this garbage that is dumped out there to sea, in the

first place I will say anything that can be found in

the kitchen will be discarded to be dumped, in the

line of fruits, decayed fruits, oranges, apples, potatoes,

cabbage, lettuce, grapefruit, bananas, pineapples, [304]

and many other things that I couldn’t describe. I have

seen marks that would indicate names or addresses on

erates, egg crates, orange crates and things that have

been shipped from the south to markets around, Fulton,

Washington Market. Washington Market is located in

New York.

For Plaintiff—Alex Oleson, cross.

This g7 e has a lot to do with the lobstering

and the \ g on the beach. ‘Sometimes we got the

lobster traps aalf full or (305) almost full of potatoes,

turnips, carrots, and that stuff is not very sweet iw

pick out. You have to pick it out by hand. It inter-

feres with our lines. Sometimes we get—well, I can

state from the frame of an automobile down to a

sewing needle. The articles that sink cut the

and you may lose your rigging. I fished right

the dumping ground last year. That was

only place where we pick up a few

by the time I took i i

fishing, I had ‘ost 85 pots on account

iron in the water. It rusts up and gets

as a knife pe hm cut Line.

fast so that we have to part it in o

part of it. If we throw a grapple out, a li

that we use for picking up lines again from

if we put that overboard we may

will hook fast to something

again. The garbage affects

place we lose a lot of time

so we can moor our boats

tin cans and stuff like that,

we work with—very bad f

bottle breaks under the boat it might

half-inch cedar plank. Cedar planks are

day I stepped on a broken bottle while

boat and I had to go to the hospital and

stitches put in my foot. If it had i

place it would have been 20 or 25 sti

the foot it doesn’t show mach.

+}:

a§

ital

o—

On cross examination. (Referring to the map an-

nexed to the complaint in this action.) Last spring

when I put out my rigging I started right out from

Sandy Hook. Here is the Light whistle. (Indicating

ssuageqpaey Faby RE

eyes} a-ds 26.4 §-

abou

the main line

SEsee Bessie

ieaut

iy -bi3¢°

iit

PT PLELE

For Plaintif—Walter Roe, direct.

maybe a month, because I can’t get it up. That is

quite a loss. I am losing a lot of time that day.

We don

' Passing ships will

throw some of the garbage overboard, but it wouldn’t

my lobsters I follow the scows all the way out, or all

the way in—either way with my own boat. The lobsters

that I gather, most of the time I run them right into

Fulton Market, once or twice a week. We generally

have our line in 30-foot gears. [310] A gear is a con-

tinuous line. They are separated from each other.

WALTER ROE. On direct examination. I live at Mon-

mouth Beach. I have been a painter for about five years.

I am down on the beach a good deal. The garbage con-

dition is very fierce along the beach, very bad. I have

been familiar with it [311] for the last 18 years between

North Long Branch and Monmouth Beach. I have seen

a lot of potatoes, oranges, grapefruit, bananas, vegetables

and meat of all sorts, dead dogs, dead cats, on the beach.

(Witness was shown a card.) I am Walter Roe of West

street, Monmouth Beach. I have seen this card before.

I picked it up in a bottle on the beach just south of

For Plaintif—Walter Roe, direct.

Valentine street, Monmouth Beach. On the 4th or

of June, 1929. The date on it is when I mailed it to Mr.

Smack at Seabright, (312) as it is addressed there.

[313] (Discussion. Objection to admission of card. Over-

ruled. Exception.) (The card was marked ‘‘Plaintiff’s

Exhibit 44’’ and admitted in evidence.) The rubber-dated

stamp on that card is June 2, 1929. I found it on June

4th or 5th, two or three days after it was put in the

garbage. I have forgotten just when it was. The date

that is on the bottom, the 10th, is the day I mailed it to

Mr. Smack.

Mr. Crowe. Isn’t that the date when it was found?

A. No.

Mr. Crowe. Well, he mailed it on June 12th. The date

{314] when found, this exhibit shows is June 10th, which

is eight days after the date when it was deposited.

A. That was the date that it was sent to Mr. Smack.

Mr. Crowe. Well, the postmark is June 12th. That

is the date you sent it to Mr. Smack, isn’t it? Examine

it. What is the date of the postmark?

The Special Master. Have you finished with him?

Mr. Minard. No, I am not through with him.

This is the card that I received out of a bottle. The

beach where this bottle was found was in a very bad

condition. There were tin cans, vegetables, potatoes,

onions, radishes, lettuce, oranges, bananas, grapefruit,

bottles. The garbage [315] was all around where I picked

up the bottle. Very heavy quantities of this material

comes up on the beach there. The wood part they gather

up and burn it, and bury the cans. When it arrives, it is

in a ve 'y odoriferous condition. The condition of garbage

on the beach is according to the wind. Sometimes with a

northeast wind, east wind, southeast, it comes up very

heavy. I haven’t seen the garbage dumped. I have seen

the scows passing by about a mile and a half off, some-

thing like that, but I couldn’t catch the names of them

For Plaintifi—Walter Roe, cross—re-direct.

On cross examination. [316] I am employed by the

Central Railroad in the summertime. When I am not

employed by the railroad, I am employed over at Fort

Monmouth by the Government, the Quartermaster branch

of the Government Service. I come under the jurisdiction

of the Army, the United States Army. I am a civilian

employee. [317] I have been in the service of the Army

for the last two winters. Before that I was employed

by the Central Railroad as a painter. I am now employed

as a fireman for the winter months. (Witness told to ex-

amine card, which had been marked ‘‘Plaintiff’s Exhibit

Number 44.’’) The card is just the same as it was when I

found it, when I put the date and my address on it. The

date is June 10th.

Q. Now, this card bears another date, presumably the

date when it was filled out and deposited. What is

that date?

A. June 2nd.

Q. And the postmark on this card is what date?

[318] A. That was the date, June 12th.

This card was contained in a bottle, just an ordinary

soda bottle, I should judge about six or seven inches

high—between six or seven inches. I would say the

bottle was at the bottom about an inch and a hal

wide. If you want the bottle I can get it. I have

the bottle home. (Discussion between counsel.) [319]

At the time I found it there was a cap on the bottle. At

the time I found it the bottle was on the beach. That

was the first time I saw it,

On re-direct examination. I kept this card probably

about four days before I mailed it.

Q. Was there a particular reason why you kept it?

If I happened to have went away the day after and

I couldn’t get back—I was painting on the railroad and

I was off for a couple of days—three days. I was away

for three or four days between the time I found it and

tse HHT tLe iH

hee tt

fishing busi-

S48" £3

2 iy ‘

linia thet jail: HL

[$20] GUSTAVE HOLGARSON. On direct examina

I live at Seabright. gee egies:

GSEStEEE

lees nae

a Hite ai!

Gaaifaise

For Plaintif—Dr. James A. Fisher, direct.

Island shore. I have seen this stuff on the beach in

Seabright. I cleaned a good many tons of it off. [326]

That is a good many years a>. I saw some garbage

this summer on the beach, but the last three years

there ain’t been so much garbage on the beach in Sea-

bright. The garbage that is on the beach comes from the

sea. It comes from the dump, I suppose.

DOCTOR JAMES A. FISHER. On direct examina-

tion. I live at (327) Asbury Park. I am an eye, ear,

nose and throat specialist. I am familiar with the

garbage conditions on the beach. I am led to believe

they play a part in my professions! work. I had a sum-

mary made of the diseases of the ear and the sinuses

for the three months, June, July and August, to see if

there had been any increase in these diseases. I only

took the three letters, A, B and C under my index, be-

cause it would have been too much to go over the whole

thing, but just to get an idea.

Furunculosis in 1928—this is just a few of the cases—

we had four cases, A, B, C and D. In 1929, 12 cases,

an increase of 300 per cent.

In external otitis, which is just a swelling and in-

flammation of the ear canal, we had one case in 1928,

11 cases in 1929. An increase of about 1,000 per cent.

{328} Middle ear infections, including just the reddened

drum, and cases where the ear drum had to be opened,

11 cases in 1928; 14 cases in 1929, an increase of approx-

imately 20 per cent.

Sinus infection. Hight cases in 1928; 11 cases in 1929.

In all of which cases the bathers themselves came in

with the remark that they had gotten something from

sea bathing. Judging from the conditions that I found,

I could not form any opinion as to what they got

from sea bathing except there was something, some par-

ticular reason why they should pick up the infection.

They did pick up an infection. Pure sea water is quite

For Plaimtif/—Dr. James A. Fisher, cross.

antiseptic. It has a high chlorine content. Any infec-

tion is quite contrary to the natural condition of sea

*iF

lite

alii

profession as disclosed by the magazines,

ag PSE E

gt Gite

Unk

Fite

sHttt

a SitR

;

sinus condition, not chronic. Those we have always.

total population out of which

piled rate to is about 100,000 people. It comprises

North Jersey Coast. These figures that I

here this morning are not on a basis of 1

Bie

proportion of my recorda,

think D, of my records in the office for the

of June, July and A

1929. The figures of the local board of health would

not be a means of verifying any conditions that were

general with regard to the health

as sinus trouble is not a reportable disease.

these are report- (331) able diseases. They

communicable. Only one type of trouble is

‘|

“(2 GPStggebeggg ss geet aze i Ait ‘

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York

in this

possible.

Place

and

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call a

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soon as

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name

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(339)

THUS Ha HP THE ie

a Rai pela

ati UA

it returned was

Estimate and

niais aut Hy iy

si is i ip

y Ss’, 4 SE. 2

sh by Daye iF # Eopht

aa spttadia {pas Ti

petite tat rear et

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adtiatialniiis

For Plaintif—Frank Brown, cross.

I took these pictures for the Turner Construction Com-

pany by their direction. They employed me to take these

[349] pictures. The Turner Construction Company is

building the new convention hall at Asbury Park. They

wanted these pictures as a record, I presume. The specifi-

cations and blue prints call for photographs to be taken

on the first of every month. These pictures which do not

relate to the new convention hall, for instance

Exhibit Number 50, showing a portion of the

boardwalk, I took for the Metropolitan Photo—

remember the name—Everett, Massachusetts. Th

manufacturers of post cards. [350] They were

advertise the Asbury Park section. These pictures

rectly represent the objects portrayed in the picture.

is not the size of plate that was used in the camera by

gz-Ee

355285

For Plaintif—William Warren Barbour, direct.

me; they are enlarged from a 5 by 7 film. I made the

enlargements myself. [351] (Plaintiff’s Exhibits Num-

treat

el;

them

scows

at least.

from the

¥ EE

. Number 21. Any others?

A. They are all near enough alike to say that I have

seen (354) conditions that resembie the situation as shown

in those pictures.

Q. These that you have here are 16 and 17, and

generally those are representative? Have you ever seen

Bay 2h glaeayygygenyisai

fii mire HiT

Hf ‘. pt i hag i ATH

a23 54 3 ietiyia Ati pf etades

bits

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of; eerie fe H sia Hguil ia

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iit

railroad

¥eeegs i

tiles Hated

(362)

was markd ‘‘Plaintiff’s Exhibit 59”’

evidence. )

Mr. Minard. I would like to offer this first, in order

to get a number on it, so I can refer to it and the

record will distinguish it from the other.

time table.)

(The railroad time table was marked “‘Plaixtiff’s Ex-

hibit 60’’ and admitted in evidence.) Exhibit Number

60 covers the same territory, but it has, in addition to

counsel.) (361) (The paper was marked ‘‘Plaintiff’s

Mr. Crowe. No objection.

Exhibit 58’’ and admitted in evidence.)

effective September 29, 1929.

It is the schedule now in effect for

lf i in ai

biiiaielital

For Plaintif—Wearren 8. Painter, direct.

of travel, for months of November, 1928, and July,

SS wep uals caiber air Gaui Gaudio ent teeta

[368] The different columns show the stations. The

second column is commutation passengers for July. The

THE ay ged

i, 1a hi

Q. This is the other end of the line?

Mr. Minard. I offer it in evidence.

;

Hit reali

For Plasntiff—Morgan F. Larson, direct.

Q. I show you a time table now marked ‘Philadelphia

and Long Branch via Trenton.’’ Is that another line of

railroad that comes into the seashore here?

A. We have two lines from Philadelphia, one by Tren-

ton and the other from Camden out by Toms River.

This covers a line other than the other two that have

already been put in, This is via Camden and this is by

Broad Street Station, Trenton. [371] That is a dif-

ferent line from that one. That is the schedule in effect

at the present time. (The time table was marked ‘‘Plain-

tiff’s Exhibit 64’’ and admitted in evidence.) This rep-

resents the summer schedule of 1929.

Mr. Minard. I offer in evidence the summer schedule

over the same line for 1929, consisting of pages 393, 394,

“895, of the Official Railway Guide of June, 1929. You

may cross examine.

Mr. Crowe. The same objection and exception as to

all of these.

(The time table was marked ‘‘Plaintiff’s Exhibit 65’

and admitted in evidence.)

On cross examination. We have special one-day ex-

cursion tickets on sale in the summer period. [372] I

am not able to express an opinion now, based upon any

information that may come from the records of my com-

pany, as to the extent of that traffic. I could get the in-

formation. I would say it would represent part of the

increase. Of course, it would not represent all of the in-

crease. I cannot say whether it would be a major part of

the increase, on less than half of that increase. I can’t

say how much.

Mr. Crowe. Thank you very much.

MORGAN F. LARSON. On direct examination. I am

the Governor of New Jersey. I have been in office for

[373] one year. I live at Perth Amboy. Before I was

Governor, I was in the State Senate for eight years.

had a plank on pullution, also the Republican state

Silzer’s annual message in 1926 called attention to beach

pollution. The Republican state platform in 1927 and

Governor Moore’s first annual message in 1927

attention to beach pollution. The Republican state plat-

form in 1928 again called attention to beach pollution, also

the Republican state platform in i929 and the Demo-

cratic state platform in 1929. Then I called attention to

it again in my inaugural address of last year.

ber Joint Resolution Number 3, Laws of 1927. That was

introduced by Attorney-General Stevens when

senator. (Discussion of counsel.) (377) (The paper

marked ‘‘Plaintiff’s Exhibit 66,’’ and

dence.) Joint Resolution Number 6, Laws of 1928, was a

part of the legislation adopted while I was a member of

the Senate. It was introduced by Mr. @teener, who

Senator from this County and at that time was

Assembly. [378] (The paper was marked ‘Plaintiff's

Exhibit 67’’ and admitted in evidence.) After my

inauguration I sent for the At’ ‘in-

structed him to give me advice

York or anyone else from polluting

the Atlantic Coast. He then prepared a resolution. Joint

Resolution Number 16, Laws of 1929,

ipf28s

ee i

igi

(The paper referred to was marked ‘

(385) 72,”’ and admitted in mas Te

} 102

For Plaintif/—Walter P. Fahy, direct.

}

4 -

sere.

the beaches. During the summertime the

terribly littered up with all sorts of garbage, lemon

grapefruit peels, orange peels, water melon rinds,

loupe rinds, honeydew rinds, all sorts of garbage

kind, apples that are rotted, banana peels, carrots,

stems from the banana plant, onions, turnips, cabbages,

lots of [387] bottles, crates, some old mattresses, a few

old bed springs, dead dogs, dead cats, and all sorts of ref-

use. At times the beach is almost impossible. You can’t

walk along there with any degree of comfort without get-

ting into a whole lot of dirty filth. My children have to

keep away from the beach at times on account of the filthy

conditions. Last summer the Improvement Association of

which I am president, in addition to the money spent by

the borough authorities, spent about $700 to keep

on the beach to try to keep the beach clear of refuse. I

am president of the Imp;cvement Association. The duty

etl

can to promote the welfare of Spring Lake. Last

mer they spent about $700 in keeping a couple of

patrolling the beach all the time, endeavoring to keep it

clear. That was in addition to

the borough authorities. That is

municipality’s [388] efforts. This stuff on the beach is

just what you might say ordinary gar thrown up

there, and if allowed to remain there for any length of

time it will rot, and then give off a very unpleasant odor,

very offensive odor. I have never noticed any articles

among the garbage that indicated the source of it. The

only thing is that when the wind is from the north, the

quency

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[407] On cross examination.

;

Exhibit Number 13. I never was there at

Whether that community has progressed very

rapidly in that period of time would depend on what

you call ‘‘rapidly’”’ for a seashore —

3 253

othe nT

seen out there.) I haven’t seen it as bad as depicted in

dumping time.

Plaintiff’

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FERDINAND KIENLI On direct examination. I

I haven't any business at present. I am

Commissioner of Avon. I am a member of the city

live in Avon.

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126

For Plaintiff—Frederick F. Schock, direct.

on how long they have laid on the beach. Sometimes

they are wet, sometimes they are dry. The garbage is

in a very bad state. It ruins the beach while it is

there. What effect it has on the development of our

community, I have no way of telling. I don’t know what

effect it has upon my business. We have always

had it. I don’t know [453] what effect it has till we get

rid of it. I den’t know how it feels to be without it.

Q. Well, is it a motter of public complaint or private

complaint?

A. Yes, it is a very great one.

Everybody complains and wants to know why it isn’t

cleaned off.

On cross examination. I haven’t followed the source of

these materials that I have observed upon the beach.

FREDERICK F. SCHOCK. On direct examination.

[454] I live at Spring Lake. I am president of the First

National Bank of Spring Lake, and president of the

Hastings Square Hotel Company. That is one of the hotels

at Spring Lake. It accommodates 350 guests. We have

about 20,000 day guests during the season.

I am familier with the conditions on the beach ss

to garbage. The beach after a considerable blow from

the east or northeast, is littered with all sorts of garbage

and refuse. It consists of grapefruit, oranges, carrots,

potatoes, cabbages, lettuce, turnips, bananas, pineapples,

onions, bottles of all kinds, cans, boxes, trunks, mattresses,

and Jots of wood, [455] all sorts of pieces of wood, boxes

ani crates and so forth. It has a very detrimental

effect upon the beach. I am president of the bank down

there, and the people continually come in and complain

about the condition of the beach, and we hear complaints

from the manager of our hotel about the rubbish on

the beach. I can’t identify anything as coming from

any particular place. I have been out where it has

mean two or three

The contents of the garbage out there and the garbage

that we find on our shore was the same.

On cross examination. 1 couldn't say it was the same

given here. The ship's officers told me that the garbage

that I saw at sea was dumped by the City of

[457] He said, ‘*That is where the City of

dumps their garbage.’ Other than that I

where the garbage came from.

On re-direct examination. I made the memorandum

so that I might readily put down everything that I had

seen there. And I failed to mention that I have seen

dead dogs and cats on the beach. I had them on my

list but I missed them. My memory is refreshed now

by referring to the list.

FREDERICK N. REICHEY. [458] On direct examine-

tion. I live in Bradley Beach. I am city clerk and col-

lector. I have been there for fourteen years. I have been

familiar with the beach at Bradley Beach for a period

of 15 or 20 years. The only information that I can

give with respect to the garbage ie the fact that, as

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129

For Plaintiff —Frederick Bailey, direct.

residents and summer guests only, which included hotels

and rooming house. boarding house guests.

I have some pictures of the beach conditions here. They

were taken by Mr. De Carta of Asbury Park—rather, his

name is Otto Weikert. It was formerly de Carta [461]

and now it is Otto Weik»rt. I am familiar with the scenes

that are taken there. | can identify these as pictures that

were actually ts*-.. on our beach. They were taken in the

summ-z cf i927, I am quite sure. I have no identification

of date other than that. (The photographs were marked

‘“‘Plaintiff’s Exhibit 76’’ to ‘‘Plaintiff’s Exhibit 82,”’ in-

elusive, and admitted in evidence.) Exhibits 76 to 82,

inclusive, (462) are pictures of our beaches and people on

the beaches at the time they were taken.

I have prepared a list of hotels. It is entitled: ‘‘1929

assessed valuations of hotels, boarding houses and room-

ing houses in the Borough of Bradley Beach, together with

total room accommodations.’"" I am secretary of the

board of assessors. I have the records at the office. These

are taken right from the records. I can verify the ac-

curacy of them. [463] I include here also the charity

properties and various religious societies. We have four

charity societies in the Borough of Bradley Beach, which

we take care of, particularly the German Baptist Home on

Fifth avenue, which accommodates 50 guests at a time;

the New York Society of the M. E. Church at 106 Cliff

avenue, accommodating 80 guests at a time; the Orange

Fresh Air Home, 301 Newark avenue, accommodating 75,

and the Howart Mission, 212 Evergreen avenue, accommo-

dating 50. I have pleasure resorts, theatres and bowling

alleys down here. (The paper was marked “‘Plaintiff’s

Exhibit 83,’’ and admitted in evidence.)

[465] FREDERICK BAILEY. [466] On direct ezam-

ination. I am stationed at Avon, N. J. I am a Coast

Guard. I was transferred to Avon the 10th day of July,

1925. I have been im the Coast Guard Service for 28

130

For Plaintiff—Frederick Bailey, cross.

the garbage scows dump. I see plenty

taken from a house or hotel, such as decayed fruit or

thing like that. Some of the things that come

oranges, probably half an orange has cut

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and—I don’t know as I can recall every

thing, but I have seen everything that might come from

a garbage pail. This comes in at various times. It doesn’t

come in regular. If you get an east wind it comes in as a

rule. Not at all times, but sometimes. Last spring it

came in in very large quantities, so that you had to rake

it up on the beach and cart it away with a wagon. There

is too much of it to come from a passing vessel,

[468] On cross examination. I have seen scows going

out and returning from the dumping grounds, when I was

in New York Bay. I do not know that is done under a

permit from the supervisor of the Port of New York. I

am connected with the United States Coast Guard. That

is a branch of the service. [468) I do not know Captain

Henderson, supervisor of the Port of New York at the

present time. I live here in Avon. I live near the

station. I have lived there ever since I have been in the

service. I have met Mr. Smack. I don’t know him. [470]

I met him probably four or five days ago. It might have

been a week. He spoke to me about the case.

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132

For Plaintif—Frederick Batley, re-direct—re-cross.

the dumping of vessels, of the scows, because if it does

not, you would get a little along the beach every time

an east wind comes in.

On re-direct examination. If it came from the vessels

[475] it would come ashore from a southeast wind just

as well as an east or northeast wind.

On re-cross examination. I never seen it come on the

beach with a south wind. I never noticed it, to the best

of my knowledge. I have never noticed it with a south

wind or a southeast wind, unless you get a strong east

or northeast wind, and then it shifts around to the

east, then you might. What had drifted down

east wind or northeast wind, [476] then with a southeast

_ wind that might bring it in. I said if it happened to be

blowing from the northeast—if it started up here with a

northeast or east wind, and the garbage started to come in,

but just before it got ready to come ashore the wind might

shift to the southeast and then the garbage would come

on in, because it was near the shore and it would come on

in with a southeast wind. The wind makes a difference,

because with a northeast wind the garbage comes from

this direction, probably from off the lightship, and if the

wind happens to blow for four or five days from the

northeast, then all the stuff comes in on the beach that

has been dumped up here northeast of us. When the

wind blows from the rortheast for four or five days it

comes in on some part of the Jersey coast, but not all the

time. The wind doesn’t have to be so strong. I have seen

it come in when it has been probably blowing 20 or 30

miles an hour. [477] That is not a real bad storm, you

know, but if we have easterly weather for several days,

quite a little of that stuff works in, apparently from the

south. No passing vessels going by ever throw out such

a quantity of stuff as we get. M_ only basis for expressing

any opinion as to the origin of the garbage is the quantity

that I see on the beach.

eame from. I have seen it in the water

washing in. I have seen quantities of it floating on

the surface of the water. I have seen it when it was

in what we call the undertow, just before it breaks along

the beach. I have seen it kind of thick and

spread out along. (480) This occurs after a

an east wind. I have seen it before ever

the Coast Guard. I have seen it for 18

myself.

On cross examination. The only time I have seen

bage on the beach has been after a heavy storm; after

a blow. A blow means a good strong gale. There are

seasons of the year when the storms are very severe

on this coast. Some of those storms have washed out

hotels to sea. [481] They have washed out jetties, piers

and bulkheads. You can look for good storms in Feb-

ruary or January, either one. The months of January

and February, I would say, from my experience as a

coast guard, covering a period of 14 years, is a time

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Answer

“Q. You are speaking for the citizens of your

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136

For Plaintif—William J. Butler, re-direct.

A. Some of them don’t always have that. They are

liable to have it.

Q. Last Friday and Saturday—

ings last Friday.

A. Pasteurized at 632 West 125th street.

Mr. Crowe. Now, examine it. Do you see the word

“New York’’ or ‘‘New York City’’ on there, Captain?

The Specia! Master. I don’t know that those have

Mr. Minard. No, they have not.

Mr. Crowe. All right. You asked him and i wanted

to follow it up.

Mr. Minard. I was just identifying them as Sheffield

caps.

Mr. Crowe. Are you going to put the witness on?

187

For Plaintiff —E. Allaire Corwwell, direct.

Mr. Minard. Yes.

The Special Master. The witness is allowed to identify

the kind that he saw by this.

Mr. Crowe. Then we might for the record state that

the witness identifies a piece of pasteboard about 1%

inches in diameter—

The Special Master. Well, that will speak for itself

[492] before we get through with it.

E. ALLAIRE CORNWELL. On direct examination.

I tive at Red Bank, New Jersey. (Witness shown two

milk bottle caps.) I saw them for tne first time wien

I found them on the beach at Long Braach about a mile

thie side of the Long Branch pier. That was Wednesday

afternoon, about half-past three, I should say. (493)

They are milk bottle tops of the Sheffield Company,

New York City.

Mr. Crowe. Where does it say New York City?

Mr. Minard. There is only one 125th street in the

United States.

Mr. Crowe. You can prove it if you want to. It is

a matter of proof.

Mr. Minard. Certainly. Go ahead.

A. It says at the top: ‘‘Have you bought Christmas

seals yet? Grade B.’’ Then in large capital letters:

‘*‘MILK. Pasteurized at,’’ I think it is, ‘‘532.’’

Q. Here is a better one, clearer.

A. ‘532 West 125th street. Friday.’’ Then in large

letters at the bottom: ‘‘SHEFFIELD.”’

Q. Do you know where 125th street is?

A. In New York.

Mr. Crowe. I object to that question unless it be the

125th street mentioned on this label.

The Special Master. Objection overruled.

Mr. Crowe. Note an exception.

138

For Plaintiff —E. Allaire Cornwell, cross.

{494.495} (The milk bottle cans were marked “‘Plaintiff’s

Exhibit 84,"’ and “Plaintiff's Exhibit 8,"’ and admitted

in evidence. )

Q. I show you a paper and ask you what that is?

A. That is a billhead of Stern Brothers.

Q. Where? What address is on it?

A. **Porty-second and Forty-third streets west of

Fifth Avenue, New York."’

Q. And who is it addressed to?

A. It is addressed to Mrs. Sadie Tobin, 309 West

7lst street, New York, N. Y.

Q. Where did you find that?

A. I fownd that at approximately the same place as

the milk bottle tops, on the sand at Long Branch about

’ a mile this side of the Long Branch pier.

Q. When did you pick that up?

A. That was the same time, Wednesday, about 3:39.

[496] (The paper was marked ‘Plaintiff's Exhibit 8,”

and admitted in evidence.) I also picked up pieces of

boxes. The board says: ‘‘Stolzman’’—I am not sure about

that. It looks like ‘‘ Neiman, Inc., 258 Greene street, New *

York."’ And on the other side it says: ‘‘From,"’ and

a large capital F, capital B, Co., ‘‘F. B. Co.” and at

the bottom ‘‘Case No. 10,081."" That was also found

on the beach at Long Brinch. The part that I have

read is on «hat I would say was the side of a packing

box, a mediom-sized packing box. In the same place

at the same time [497] I saw a few grapefruit and a

few oranges. I noticed ore grapefruit floating in the

water, and I noticed several pieces of grapefrvit and

oranges on the beach washed ap by the storm. There

was also a miscellaneous collection of small sticks, boards.

On cross examination.

Q. Will you examine Plaintiff's Exhibits & and 85,

being the milk top covers referred to by you, and tell

the Court whether or not the words “‘New York City,”

~ - Fae ee Oe Oe 1 Se Te 88 5 Oe ew

139

For Plaintif—E. Allaire Cormwell, re-direct.

“‘New York,”’ or the initials ‘‘N Y.’’ or ‘“‘N Y C’’ appear

thereon?

Mr. Minard. Don't they speak for themselves?

A. No.

By Mr. Crowe.

Q. They do not? You have examined both exhibits and

none of those indications are contained on any part of the

label?

A. No, there is nothing except—

Q. We know what is on there. Is there say date shown

on any of those milk top covers?

A. There is the day of the week.

(498) Q. I asked you—answer my question. please. Is

there a date shown? You know tho difference between a

day and a date. Answer yes or no.

A. No.

Q. There is no date. Thank you.

On re-direct examenation.

Q. What day is on there?

Number 84 shows the day of the week of Saturday on it;

number 85 shows Friday. Both of them contain the

Christmas refereneo, the Tuberculosis Association Christ-

mas seal. I am familiar with New York City. [409]

I have lived around here all my life. I know where

125th street is. It is well uptown in New York City. I

would say 125th street means New York City, to me.

Q. What number is that (indicating)?

A. 632.

Q. Will you look into the New York telephone book and

see if Sheffield Farms Company have a place of business

and a (istribution place at 632 West 125th street? (Hand-

ing a telephene book to the witness.)

A. It says: “Sheffield Farms Company, Incorporated.

Harlem Division. Office 632 West 125th. University

27110.”’

140

For Plaintif—W. D. Townsend, I. T. Gifford, direct

Q. And what does the head of the telephone book

show?

Manhattan.

And Manhattan is where?

In New York City.

It says so on the front of the telephone book?

Yes, sir; that is right.

>OPro>

W. D. TOWNSEND. [500] On direct examination.

IT am a coast guard. I have been so for 22 years along

the Jersey coast between Shark River, Spring Lake and

Monmouth Beach, within a radius of 10 or 15 miles

along the coast. I am familiar with the garbage condi-

tions on the shore. At times of easterly wind, tremendous

quantities of garbage drift up on our beaches, such as

oranges, lemons, grapefruit, according to the season of

the year. In the summertime you see corn, watermelons,

muskmelons—depending on the season of the year, the

kind of garbage that drifts up. [501] At times, after

Christmas there are Christmas trees and books and

literature of all descriptions coming on the coast. Usually

after being washed in the ocean a lot, you know, it is

in a decayed condition. The areas of the beach it affects

are from high water mark down to low water mark, the

entire areas, as high as the tide will reach. I see it

floating in the water. The only evidence as to where

it comes from is things [502] such as milk bottle tops

and different literature with writing on it. I never

was particularly interested. I saw jots of barrels, lots

of barrels coming in marked ‘‘ Fulton Market, New York.’’

I have seen kerosene barrels come in with different names

on them, but I never memorized them or made a note

of them.

I. T. GIFFORD. [503] On direct examination. I have

been a coast guard for fifteen’ years at Spring Lake. I

have never seen the garbage scows dumping at sea. I

141

For Plaintif—Henry D. Parker, C. Brower, direct.

have seen the garbage in the sea along the beach. I have

the shore from as

to low water. It

all

vegetables. (504) Last spring there was a lot of

spinach, in the spring of the year. I have never noticed

any marks or anything to indicate the origin of

packages or articles. It oceurs about every time the

comes from the east or northeast, a strong wind.

HENRY D. PARKER. On direct examination. I am

a U. S. Coast Guard at Seaside Park, New Jersey. I have

been in the Seaside Station about nine years. I have

been in the coast guard service for 20 years. I have not

seen the garbage scows dumping at sea. I have seen the

garbage in the sea. All along the coast. Sometimes it

would cover half an acre. I have seen patches of it

where it would cover fully half an acre. I have had to sail

through it. It does not have any effect upon the sailing.

I have seen if on the beach in large quantities, at times;

at other times, mali quantities, (506} It was in bad con-

dition I would say. It is spoiled fruit mostly. There are

dead dogs, dead eats, chickens, docks, turkeys —anything

you happen to see—fall of it. I never took particular no-

tice of identifying marks.

C. BROWER. On direct eramination. 1 am a coast

guard at Chadwick, New Jersey. (507) I should judge

that’s 20 miles south from here. I have been in the

coast guard service going on eight years. I have never

seen the seows dutéping garbage at sea. I have seen the

garbage in the sea at different places along the beach

where I have been in different stations, from Sandy

Hook to Chadwick, Deal, Shark River, Spring Lake,

142

For Plaintiff—John C. Salter, direct.

Chadwick. I have never encountered it

sailing in the ocean. I have seen it on the shore, lots of

it. By lots of it I mean wagon loads, in other words, all

eayed herring I have seen an Italian name on them, but

it was New York City. But I couldn't read the name on

them, I mean who it was addressed to. I couldn't say

‘whether it was addressed to or from them or who it was

from. I never paid any attention to them to notice names

or any other articles.

On cross examination. I couldn't tell whether those

cases were being consigned or shipped to New York City

or from New York City. [509] I do not go out daily into

the sea. We most generally have a boat drill once or

twice a week, according to the time of the year. In the

winier months we have it once a week and in the summer

months we have it twice a week. Unless there was a call

for assistance you wouldn't have occasion to go out in the

water more than once or twice a week.

JOHN C. SALTER. On direct examination. I am a

coast guard at (510) Chadwick Station, Lavallette. I have

been there two years and three months. I have been in

the coast guard service for four years and three months.

I have never seen the garbage scows dump at sea. I have

seen the garbage in the sea both on the beach and when

it has come ashore. I have seen, floating in towards the

shore an acre or two, to two or three hundred yards

along the beach. I have seen it on the beach thick in

143

For Plaintif—L. E. Mitchell, Henry D. Parker, direct.

east storm it is bad. It is a pretty bad thing along the

beach. It is spoiled. All the fruit is spoiled. I have

never identified any names of places or that sort of thing

the

seen it as far offshore as you could see, pads of it.

also in the undertow or in the surf and out on the

I have seen it in windrows along the beach as far as

been above Barnegat and south of Barnegat as far

Lovelady Station. I have observed as being contained in

the garbage practically anything you are a mind to men-

tion, spoiled fruits, vegetables, dead dogs, dead cats, fowl.

I have never taken particular notice of any articles that

had names or addresses on them. [513] No doubt I did

at the time, but I have forgotten it if I did.

On cross examination. They claim you can see 19 miles

to see. You can see to the edge of the earth. That is

about as far as I know. I couldn’t see garbage that far.

Don't mistake me that way, because I couldn’t.

On re-direct examination. There hasr’t been very

much garbage since after a storm we had, I think it was

around the Ist of June. There has been very little this

summer since that time.

HENRY D. PARKER. (Reealled.) [514] On direct

examination. The latest time I saw any garbage on the

beach was about 8 o'clock this morning. It was, as I told

l44

For Plaintif—W. H. Wilbur, direct.

you awhile ago, a little of everything, oranges, apples,

bananas, pineapples. There is an awful lot there now.

It is very near knee deep down at Seaside Park. It is

along the beach as far as you can see. I didn't walk down

the beach. I just walked out on the beach to take a look

before I came up here this morning.

did

bage very closely. I just went and saw it was there.

say

where it comes from. I don’t know that. Bot it is after

a storm. I haven't been off duty. I am on duty all the

time. I don’t patrol the beach myself. I am indoors.

(516)

~ This observation was made from my station.

The elevation of my station above the beach I would say

is about—well, that is a iittle hard to anewer. I would

say six to eight feet. I walked out on the beach front

from the station. My station is a very short distance

from the beach—that is, from the surf. I do that most

every morning, walk out on the beach in front of the

station in order to see that everything is all right, and

there was garbage there this morning and plenty of it.

‘I walked about 50 yards. The materials that I mentioned

were right in our roadway. We have to shovel that

aside in order to get our boat out. I left the men

shoveling that away when I left. We have to shovel that

one side in order to get our boat clear if we have to, in

order to get to the water. I don't know where that gar-

bage came from. I was served with a subpoena to testify

here. I was served with that subpoena (517) this morning

after I observed the garbage.

W. H. WILBUR. On direct examination. I am a

coast guard at Mantoloking. Thai is south of here. I

have been in the coast guard service for twenty-five years

on che Jersey coast all the time. I heave been at the Man-

we ne i eh) <—Tee" wow DR She Oh OS oD Oe Qe

145

For Plaintif—Lester Brower, direct.

toloking Station since June 1, 1923. I have never seen

garbage scows dump at sea. [518] I have seen the gar-

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way it was from. Yesterday it was northeast

southeast. (520) For the past two or three days the

has been rough. I have seen it rougher. It is rougher at

the bad seasons of the year.

On re-direct examination. We have garbage sometimes

in the summertime. It is generally there off and on

whenever we have some easterly weather.

LESTER BROWER. On direct examination. (521)

I am a coast guard at Mantoloking. I have been there

for 27 years. I have never seen the garbage dumped

from the scows at sea. I have seen the garbage on

the sea at Mantoloking. I have seen it half a mile at

ae”

any articles with marks on them to indicate where they

there this morning, but not very much. It con-

some

On cross examination. It is mostly wood down there

this morning.

On re-direct examination. (523) The heavier it is, the

longer it takes it to come ashore.

C. C. PERRINE. On direct examination. I am a coast

guard at (524) Bay Head. I have been in Bay Head five

years. I have beer in the service for twenty-four years.

I have never seen any garbage scows dumping at sea.

I have seen them being towed out to sea. I never saw

them dump. I have seen garbage floating in the sea

anywhere from four to five miles offshore, large quan-

tities of it. I have seen it on the shore. It consisted of

a conglomeration of stuff, cats, dogs, oranges, bananas,

apples, vegetables of all descriptions, trees, animals of

all descriptions. I have seen horses come ashore. The

horse was accompanied by quantities of garbage. It was

in the garbage. (525) It is so during the summer months

that they have to keep three men at work there to keep

the beach clean for the summertime. I have never recog-

nized articles that would give addresses or anything.

I never paid any particular attention. There was very

little garbage down there this morning. Our beach is

so narrow there in front of the station, that the sea

147

For Plaintif—A. B. Forsythe, C. W. Cook, direct.

washes up against the bulkhead and won’t let it stay

there. But up on each end there is a little garbage.

A. B. FORSYTHE. On direct examination. (526)

I am a U. S. Coa.t Guard at Bayhead, New Jersey. I

have been in the service for 29 years. I have been

familiar with the garbage in the sea. i have seen it

mostly aleng the coast where I have been stationed in

various quantities, from large to small, a half an acre

at a time, probably. I have seen it on the beach and

in the water, on the beach more. That is where it col-

leets, gathers. I have seen it as far as I am familiar

with the patrol each way—(527) I walked a

a mile and a half from my station. I don’t

it interferes with the performance of any of

I see various objects in the garbage. There

many bottles with corks in ‘hem and cans

on them that float ashore. All sorts of vegetables

time, orange skins, orange peelings, grapefrui

all sorts of fruits. It doesn’t land right where I

stationed very weil now, because it is very steep there

and the ocean washes against the bulkhead, and it goes

either side, up or down the beach.

gag

FELEEE

C. W. COOK. (528) On direct examination. I am

a coast guard stationed in Manasquan. I have

there for twelve years. I have had experience with

the garbage. I have seen it along the beach and in

the undertow and out at sea. I have seen it in the

water to the extent of a half an acre to an acre. I

have seen anywhere up to a mile and a half long and

anywhere from 20 to 2 feet wide on the shore. It

consists of all kinds of garbage, fruit and vegetables, such

as grapefruit, oranges, peelings, banana peelings, onions,

grapefruit, cats, dogs, bottles and cans, pails, barrels.

And I have seen [528] Christmas trees. The garbage,

the vegetable matter, when it comes in is in very bad

Tiege 2

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On cross erammation. Not so many

our beach. (533) There are a few, but not so many.

There are a large number of little houses along that

beach.

Q. And would you say there are not many picnickers

that come to that beach then?

A. Pienickers? What do you mean by picnickers?

Q. Yes.

A. Well, they don't stop them doing that there, but

they have an ordinance, I understand, in the borough

against throwing garbage on the beach.

Q I didn't ask you about the ordinance that the bor-

ough had. I asked you whether or not your beach was

frequented by a large number of people daily, picnickers?

A. Yes.

Q. Hasn't your beach been referred to as the Coney

Island of Jersey? Have you ever heard that expression

applied to your beach?

A. No, I haven't.

Q. It is a very popular beach, isn't it?

A. Yes.

estimated

reele>

ere

: your beach has been literally covered with

people, has it not?

A. Well, yes.

Q. And week-ends particularly?

A. Yea, sir.

Q. And the* includes not only the residents of that

locality bat the excursionists and picnickers?

A. Yea.

Q. Your beach is really what might be called a bun-

galow colony of rather high class?

A. Part of it is a bungalow colony.

I have lived in Jersey (5835) on the beach about two years

and ten months. Before that I lived at Long Branch. I

have heard of Captain Smack. I never talked to him that

I know of. (536) I patroled the beach this morning

between 3 and 4 o'clock. There wasn’t any heavy storm

in progress at that time. There was a light rain from

the southeast and east.

151

For Plaintif—Willam E. Selby, direct.

WILLIAM E. SELBY. On direct examination. I live

at Allenhurst, New Jersey. My official position there is

Mayor of the Borough of Allenhurst. I have been Mayor

since May, 1924.

Q. We offered the other day for identification through

the witness Mr. Zacharias, three pictures of Allenhurst

Beach on February 17, 1929. Are you familiar with that

[587] condition? (Exhibiting photographs.)

A. I am familiar with the condition like that, bat I

don"t know as I saw it on that very day.

I have had considerable experience with the garbage on

the Allenhurst Beach. It has been troublesome ever since

I have been Mayor. The beach is in my department and

naturally | am more or less familiar with it. We have

all kinds of garbage come on to our beach, such as

as dogs, cats and—well, every type of garbage.

become quite a problem in my department to

handle it. We have about a thousand f

front. We have the lifeguards rake it up,

one man detailed solely to bury it. During

season it became so great, so cumbersome, that

unable to handle it by the burying process, We are

thinking now of putting in some sort of a derrick at

the north end of our beach and removing it in that way

to conveyances to get it away from the beach. It left

such an odor after burying [588] it that we are unable

to continue that process any longer. It retards the en-

joyment of the beach and the use of it by the bathers.

Some days the garbage is so bad, both on the beach

and in the water, that many people won't go in bathing.

We think we have a first class community at Allenhurst.

It is chiefly residential. They are expensive, first-class

residences. They are practically all private summer

homes.

Q. I show you picture number 2% (exhibiting photo-

graph). Is this a picture of your community?

Por

A. Yes, sir

The

SHE

75 é Th

cit ai

HSE

amit

our

leave the town and go elsewhere. Bathing is the mai

attraction, you know. “he existence of our town depend:

absolutely upon our water front. So much so that i

order to keep our beach we have expended great sam

of money. We have spent now in the neighborhood of

on our 1,000 foot frontage, close to $300,009 within th

last three years. There was erosion going on, and t

defeat the erosion was the purpose of the expenditure

and showing you that we do think quite a little of on

beach. Bathing is our main attraction, and unless th

water is [541] clean and the beaches are kept clean, |

don't see that we can continue and expect our peopl

to visit us. When there is garbage in the water, it i

drained, you know, coming into the pool. Of cours

people go into the pool, but last summer when the garbag

was bad as it was, on some days it carried an odo

even with it through the water into the pocl. Som

parts of it got in.

On cross examination. I have told all I know abon

the garbage now.

Si LbEty

s¥¢

Ps SESE8

o—-= Bo

153

For Plaintiff—Charles M. Hankins, direct.

CHARLES M. HANKINS. On dir--t examination. I

live at Lavallette. [542] I am the Mayor of Lavallette.

This is my fourth year as Mayor. I have lived in Laval-

lette for twenty-one years. I was to Chadwick Fishery

on the beach this morning. There is quite a lot of gar-

hage thore on the beach coming up. It was coming in this

morning when I was on the beach. It consists of a little

bit of everything. I couldn’t exactly say what, because

I wasn't very close to examine it this morning. I saw

three or four grapefruits tere. I will say that much, and

a lot of trash. 't is about the general run of garbage

that comes up ordinarily. [543] I am a fisherman. I

have been fishing now for eight years. I was before the

mast, mate, deckhand.

I am familiar with the waters around New York Harbor

and the Atlantic Ocean offshore here. I started in sail-

ing when I was about 18, in about 1898, and sailed up to

1908. Then I was down on the coast ‘ere fishing in 1904,

right along from 1903 and 1904, and I was sailing on the

water again in 1905. I fished in Galilee one summer. In

1906 and 1907 I was in New York Harbor working on

boats. I have seen the garbage scows going in and out.

That was years ago. I wouldn’t say on exactly how

many occasions I have seen them dump. I have seen them

dump some out at sea I wouldn't say exactly how many

times. (544) It was scmewhere around 1900 or 1901

when I saw them dump. The last 25 years or so I have

been employed mostly for myself. I was in the boat build-

ing business quite a few years. I do not sail at all now,

only going fishing. I go fishing off to sea every day. I go

out 15 or 20 miles. I have seen plenty of garbage out

there. I have seen, I guess, everything imaginable in that

line floating on top of the water. If we have a northeriy

tide, I see a great deal of it.

Q. I show you a few victures here, and if you see any

that indicate the condition that you have seen, just tell me.

(545) (Exhibiting photographs.)

we re Ree oe Oh ONO 5 SE

‘oe

154

For Plaintiff—Charles M. Hankins, direct.

A. Well, I have seen more like this picture here (in-

dicating).

Q. More like Exhibit 297

(Diseussion between counsel.)

Q. Will you continue to leok at these photographs,

and if you see any conditions which are similar to those

that you personally have seen, will you indicate it?

{[546] A. Two (indicating). One that I spoke of.

I saw that in streaks (indicating). Really I could,.'t

identify any one picture. It consists of all kinds of

vegetables, orange peels, grapefruit and different floating

masses, dead dogs, cats, and stuff not only on top of the

water but down on the bottom, too. There is plenty of it

there. We get it in our lobster rigging. We find it off as

far south as Seaside Park and as far offshore as 10 or 12

miles. Lots of times we fish up different kinds of trash

that have settled to the bottom. It doesn’t all stay on top.

I will say it affects my fishing business pretty bad. It

affects our pocketbook bad enough anyway. [547] Seven

years ago I fished for about $4,000 the first summer with

a smal! rig. Next year we fished for about eight, and it

finally dwindled down to this year, we have got about

two. I claim this is on account of pollution more than

anything else. The fish don’t come there any more. The

bottom has got so it is all foul. It is sour. It is mostly

caused by netherly tides. We have had a succession of

five years of netherly tides, more netherly tides than

southerly, consequently we get more foul water. I have

seen that after a netherly tide that the lobster pots would

have that much accumulation of dirt (illustrating), and I

would call it pollution. I would say up to half an inch of

dirt and slime, and I can’t exactly tell you what it is,

because I am not a chemist to tell you that part of it.

[548] I have seen the stuff that floats all the way from

inshore to offshore. Not exactly in one streak. I have

seen it in little streaks here and then go on and there is

another row of it, and a little further you will find maybe

155

For Plaintiff —Charles M. Hankinc. cross.

some more of it, according to the tides. If the southerly

tide stops and a netherly tide sets against it, we get rows

of it. It affects the beach pretty bad in the summertime.

It doesn’t make mach difference to me in the sailing of my

boat. We have the lifeguards down there rake the gar-

eare of it?

A. I haven't kept any record of the cost of carting

it away. Generally we have the lifeguards do it. They

are on steady pay. [549] We encounter difficulties mostly

when we have a netherly tide. It is not necessary to

have a hard wind or storm or anything, bat if we have

a netherly tide and a little easterly air, it comes

I have seen the garbage on the beach myself. I

it floating in the sea close at hand. I have

and addresses that would indicate where

came from. I can't exactly recall any specific

during my time I have seen lots of labels wi

York City on them, boxes with Fulton Market

ferent produce markets in New York City, Washi

Market, commission dealers. I don't recall any

specific names.

On cross eramination. 1 am familiar with

industry [550] along the Jersey coast in a

We ship some of the fish and lobsters that

along the Jersey coast to New York and some

delphia, Baltimore and Washington. Quite a

tity of the fish caught along the Jersey coast

New York City. The only fishermen that I know

it by boat from Jersey to New York City are

men, I do not know Mr. Holgarson. I ship the fish

catch to Fulton Market, plenty of it. I ship it every day.

I ship by truck. It is not my own truck. (551) We ship

some in boxes and some in barrels. Those barrels are not

g = 3

eretlit

ARSENY ee OT CREP, ee fee weer

156

For Plaintif—C. H. Roberts, direct.

returned to me. We don't know where they go. The

fishermen get the barrels generally from barrel con-

tractors. Some of them come from Trenton, some from

Philadelphia, some from Belmar—wherever we can get

hold of them. They are second-hand barrels generally. The

only barrels that I know of that come back from the City of

New York are ti¢ht barrels, what we call tight fish bar-

rels. We get some of them back. They come to the in-

dividual fisheries [552] along the Jersey coast.

C. H. ROBERTS. On direct examination. I live at

Sea Girt, New Jersey. I am Superintendent of Public

Works for the Borough of Sea Girt. I have charge of

the water, sewers, streets, parks and beaches. I have charge

of cleaning the beaches. We have experience with the

garbage. At various times when we have easterly

weather, [553] either northeast or dead east, wind of

fairly high velocity, we have a large quantity of garbage

that comes on the beach and we have to clean it off and

cart it away. Some of it we bury; some of it we have

to cart away, where the quantities are large. In 1929 we

spent $242.14 that it cost us on our beach to remove gar-

bage and that is to be added to whatever the cleaning was

in front of the bathing beach. That I didn’t have charge

of. The life guards and help at the bathing beach took

care of that. This is on the beach beyond that. They

have about 300 feet that they tike care of. We have

no beach club. It is rur by the municipality, the bathing

pavilion, operated by the municipality.

Q. What did the garbage consist of that you removed?

A. Well, on February 8th I took some photographs.

Q. All right, we will offer them in evidence. That

was February 8, 1929?

A. Yes, sir (Exhibiting photographs.)

Q. I show you a sheet with two photographs on it. We

will have that marked as an Exh*bit, the entire sheet.

157

For Plaintiff—C. H. Roberts, direct.

(The photographs were marked ‘*Plaintiff’s Exhibits 87,

88 and 89,’’ and admitted in evidence.) (554) Exhibit

87 contains two pictures. I took those pictures on Feb-

ruary 8, 1929. They were taken at various places on Sea

Girt Beach. They show the condition of the garbage that

was deposited on the beach during the 7th and 8th, I think

it was. We had a heavy northeast storm then. Exhibit

89 contains two other pictures taken the same day at dif-

ferent places. Exhibit 88 shows pictures taken at different

places on the beach, different locations. The day that I

took those pictures I walked the whole length of our

beach and I made a list ot the things that I observed in

the garbage on the beach, beans, peas, cabbage, egg

plants, carrots, bananas, oranges, grapefruit, peppers,

celery, cucumbers, dead cat, frankfurters, pork, lemons,

potatoes, parsnips, dead dog, lettuce, spinach, pineapples,

apples, kale, onions, turnips, dead chickens, suet, caali-

flower, beets, radishes, edible pine cones, pineapples—I think

I said pineapples once before—parsley, tin cans, boxes,

sticks, bottles, toys and a number of electric light bulbs.

[555] This occasion was just an illustration of numerous

occasions. I have been in Sea Girt for 22 years. I came

there as superintendent for the Sea Girt Company in

1907, August 13th, and had charge of the beaches from

that time till the present time, and since that time and

during that time, whenever we bad northeast winds or

easterly winds of any duration or velocity, invariably we

had a lot of garbage on the beach, and I will say that on

February 6th I was on the beach with a field glass looking

up and down the beach during the storm, and about, I

should judge, half a mile offshore, there were large

quantities of floating material that I couldn’t distinguish

just exactly what it was. That was on the 7th and 8th.

It was in the andertow, the same material, and so far as

I could see it was all along the beach, and we had an

awful quantity of it, tons of it, all over our beach.

158

For Plaintiff —C. H. Roberts, direct.

Our own garbage we contract for a man to cart that

away from the town, take it away. It is taken back into

Wall Township and dumped in a dump there. [556]

When there is a very large quantity of garbage on the

beach, we have to cart it away, hire teams and cart it

away. And we bury some of it. I cannot tell you how

many cart loads or what quantity we move at a given

time. I live right on the inlet. If we have easierly weather

and it brings the garbage along the beach, and it is in the

undertow when the tide is out, at low water, and then the

tide comes in, anything that passes the inlet goes into the

inlet and distributes on our beach at Sea Girt, Inlet or

Wreck Pond—commonly known as Wreck Pond—and I

have seen tons of it in there. It lodges along the north

* erly shore, mostly, of Wreck Pond. It makes a very

putrid odor. We have to go down and gather it up and

cart it away. The people living along there complain of

it. It is all kinds of decayed matter.

Q. I show you two papers and ask you if you know

what they are? (Handing papers to the witness.)

A. Yes, I picked them up on the beach, I think it was

in November.

(557) Q. Here is a letter that came with them.

A. November 25, 1929. In a lot of garbage that came

up on the 23rd and 24th.

Ome appears to be a theatre stub of the Criterion Theatre,

New York, dated the 20th of November, 1929. I picked

it up on the 25th, five days after it was issued. The other

is a ticket from the Italy Trading Company, Importers,

200 Spring street, New York. Picked up on the same

day. I don’t see any date on it. I do not know where

the Criterion Theatre is. (Discussion of counsel on

location of Criterion Theatre.) [558] Then in the last

week in May, 1927, I picked up that bundle of material

that is over there on the foor. This is the bundle just

as it was picked up in May, the last week in May, 1927.

The first paper on the front of it is from Ed. R. Heimer-

19g Oe EE . ™ er ee oe —

159

Por Plaintiff —C. H. Roberts—cross—re-direct.

stein and Company, 215 West Jackson Boulevard, Chicago,

addressed to Messrs. J. K. and L. 8S. Weiner and Co., 215

Fourth avenue, New York City. That is

pany, J. K. and L. 8S. Weiner.

Easily.

Mr. Minard. Consisting of letters to or copies

letters from J. K. and L. 8S. Weiner &

Fourth avenue, [559] New York.

Mr. Crowe. All of 1917.

The Special Master. The witness says he found them

in 1927, didn't he?

The Witness. May, 1927, the last week in May.

Mr. Crowe. And was it wrapped up in newspapers?

The Witness. No, it was just tied up with this string

here. That was the original package.

Mr. Minard. Just as we opened it.

On cross exemination. They had been on the beach for

about 24 hours, I would judge, because the garbage came

up on the day before. I found it on our beach. At the

time I found it the back was moist. It had come out of

the water. The center of it was wet.

On re-direct examination.

Q. Leok here, Mr. Roberts, can you find the Criterion

Theatre in the New York telephone book? (Handing tele-

phone book to the witness.)

(560) A. Yes. Criterion Theatre, Broadway and 44th

street (indicating).

Mr. Minard. | offer it in evidence.

The Special Master. You don't offer the book, you

offer the ticket?

Mr. Minard. The ticket stub.

—_— oe eee

160

For Plaintif—C. H. Roberts, re-direct.

Mr. Crowe. Is there anything on this stub being

offered in evidence to indicate that it came from the Cri-

terion Theatre in New York

A. No, it says “Criterion Theatre.’’

Mr. Crowe. And that’s all.

A. That's all.

The Italy Trading Company ticket was picked up at the

beach at the same time, just a little further on, in the

same mess of garbage. (The Criterion Theatre ticket stub

was marked ‘‘ Plaintiff's Exhibit 90,’’ and the Italy Trad-

ing Company ticket was marked ‘‘Plaintiff’s Exhibit 91,”

and offered in evidence.)

Q. Have you any personal acquaintance with these

other two bundles or packages of papers (indicating).

- <A. This one I picked up. This one Mayor Durand

picked up.

(561] I think they were picked up somewhere around

February 8th, the same day that the photograph was

made. This is a bill from a country produce place in

New York. It is Northern Fruit & Produce Company,

488 Amsterdam avenue, New York. The date mark on

the bill is New York, February 11, 1925. And there are

other dates in the same month ana the same year. [562]

These sales slips, a buadle consisting of 12 sales slips.

The next thing is a card; Mr. Benjamin P. Walker wishes

to announce that after November 1, 1925, his office will be

at 2061 Broadway, New York City. The next is Stan-

court Laundry, 770 Garrison avenue, Longwood avenue,

Bronx, New York City. It is a laundry ticket, The name

on the bottom is Mosecowitz, 1305 Morris. —

Mr. Crowe. I will stipulate on the record that in the

Borough of the Bronx there is a Morris avenue in the

City of New York.

The next is a posteard, Wood and Selleck, Inc., Bakers,

Confectioners, and Bottlers Supplies, Hudson, Duane and

Thomas streets, New York, addressed to Schidko, Inc.,

2839 Broadway, City. It is postmarked January 12, 1925.

161

For Plaintiff--C. H. Roberts—re-direct.

There is another postcard, 2838 Broadway, the same ad-

dress. There are five of those postcards. They seem to

amount to receipts. They are marked ‘‘Paid’’ on the back.

(563) This is a statement, New York, William Schedko, 2373

Broadway. The name is Recht and Rosenbaum, Incor-

porated, Empire Brand milk. 419 East 77th street. It

was dated, marked “‘ Paid, January 7, 1925.’’ Others are

January, 1925, Jaburg Brothers to Schedko, dated Feb-

roary 2, 1925: Wood aud Selleck to Schedko, January

30, 1925; Wood and Selleck to Schedko, January 29,

1925; there are others of different dates, 14 of those,

Wood and Selleck bills to Schedko. That is New York,

March 14, 1925, William Schedko, 110th street, bought of

Rothwell’s Bakery, Inc., office and bakery, 429-431 East

75th street. Here is another one from the same company

dated Febi ary 21, 1925. The Jaburg bills which I re-

ferred to, there are eight of them, are all dated in Febru-

ary, 1925. I picked them up [564] on February 8, 1929, on

the beach at Sea Girt, among a lot of garbage and trash,

the garbage that I enumerated on the same day. That is

the same day the picture was taken.

(566) C. H. ROB Re-direct examination (re-

sumed). I think I rted to say that on Rock Point

Beach, that is, the inlet north of Sea Girt, when the tide

was coming in, there was so much garbage coming in

and left on the north shore that sometimes you could

not find any place to waik [567] there when we have

theee garbage speils. And Sea Girt is getting to be quite

popular as a fishing resort for surf anglers, and on

numerous times I have seen the undertow so full of

garbage that the fishermen had to stop . You

could not keep a line in there because your line got

tied up with the garbage and trash, and of course it

it a detriment to Sea Girt.

And I think that is alt that I had, until I got the

new stuff that I picked up on the 13th of January;

The Witness. “Public Works Division, Navy Yard,

. New York. Requisition for Services. No. 42-76-97.""

{668} There is no date on this. There is a date here

(indicating), August 2, 19297 They are all tied together.

They are requisitions for cylinder heads and copper pipe.

All kinds of supplies. The bundle, I think, contains sev-

Christmas trees, apples, derd

sweet potatoes and squash. I also picked

163

For Plaimtif—C. H. Roberts, cross.

here—‘ The Children’s Shelter of Manhattan, Inc. 235

West 113th street, New York. Building Fund.”

Mr. Minard: We offer this stuff in evidence.

The Witness. And found this card ‘‘John E. Durkin,

3 Spring street, Wisconsin 8497-8498-8492."" .

@. Have you looked in the telephone book to find John

E. Durkin?

A. I cannot find John E. Durkin.

(S71) The Witness. That covers it all, I think.

Q. Now, what particular dates? I think you did tes-

tify to some particular dates when the garbage was

unusually bad on the beach?

A. On February 8, 1929, August 19 and 20, 1929; also

November 24 and 25, 1929.

And January 13, 1930; the 13th and 14th.

(572) Cross examination.

Q. When did you testify with regard to the date in

Nowember? I do not see anything in here about it.

A. I had not got to that yet.

I am testifying for the first time now about it, August

19 and 20, November 24 and 25. I do pot think I men-

tioned that when I was on the stand before. The only

date I testified to before was February 8, 1929. That

is the day upon which I took pictures. Our beach has

become quite popular for fishermen. And this popularity

is inereasing, rather than decreasing. That

so for some time past—(573) the last few

to that time there was some fishing

I have ‘een there. That is twenty

the last .wo years, it has become even a more

place for fishermen to resort te—there seemed to

Fei

shit

creased. It is not an industry, it is a sport.

improves the business of the locality. It has

and developed with this growth and popularity

fishing. It has increased some.

For Pliawntiff—Frank Durand, direct

(374) FRANK DURAND. On direct examination. I

live at Sea Girt. I am the Mayor and have been a little

over four years. I have been connected with the mnu-

t since 1921. I have lived in Sea Girt

since May, 1921. I am familiar with the conditions of

garbage on the beach at Sea Girt. My observations con-

cerning it are: Well, the beach at certain times becomes

littered with garbage and trash and broken

and refuse in on the beach.

_ Q To what extent do these accumulations occur?

A. Well, that also depends on the conditions. Some-

times it will pile up in a continuous streak, and all along

the undertow and the upper edges of the wash, and

sometimes it seems to pile up in bunches, or windrows.

In a general way, it is every kind of vegetable, and

particularly as you first look at it the first thing you

see is the grapefruit and the orange rinds, probably

because the color stands out. If you go down and

examine it, you will find practically every kind of fruit

and vegetabl: that will float, most of them decayed. The

effect of the garbage on our beach and the development

of our community is—it retards our development, because

it makes our beaches unfit for use at certain times. (576)

We are a seashore resort, and the attraction we offer to

our people is our beach, and if people come to Sea GTM

and find that, because of unsanitary and unhealthy condi-

tions they cannot use the beach, they will not want to

come there; the beach is littered with decaying vegetables,

and these very much decayed skins anJ rinds—apparently

they float in there with some of tke other stuff; and a

great deal of broken glass; bottles will float in, and after

they have been on the beach sometimes they are broken

165

For Plaintiff—Frank Durand, direct.

by boys, and sometimes they will, perhaps, break each

other in a wash, in the undertow, and in the rough

Q. What is the principal result that you can describe

upon the use of the beach?

A. Well, we find that during our summer season, when

this garbage condition exists, and the litter is

beach, and at times is in the water—of course, it

always in the water before it washes up on the beach;

but there are certain days when the wa

cannot bathe in it; and going down to the beach to

that as their playground, they all simply have

it up and look for some other pleasure.

ted

tions. I have known some seasons where

pose there is a week that we do not have the condition

some time during the week, and then again, there may

be three or four weeks when we do not have any. It

interferes with the use of the beach until it is cleaned up.

Q. What effort do you make to remove it?

A. In our immediate bathing beach, where the beach

would be used ordinarily every day, we require our life-

guards to clean the beach every morning. The rest of

the beach we clean just as soon as possible.

[578] The resident permanent population of Sea Girt is

about 500. The summer population including our hotel

population, it should run between 3,000 and 3,500. The

assessed valuation of the property in Sea Girt—rvughly,

is two and a quarter million. The figure here (indicating)

is $2,271,729. The capital investment in hotels and board-

ing houses is probably $500,000. (Examining paper.)

It is written here $500,000. The value of summer homes

will run higher than that. They are included in assessed

{579} valuation. We have a bathing pavilion, and one

block of boardwalk. The total cost was between $45,000

160

Por Plaintif—C. H. Roberts, re-direct.

Mr. Crowe. Is there anything on this stub being

offered in evidence to indicate that it came from the Cri-

‘terion Theatre in New York

A. No, it says ‘‘Criterion Theatre.’’

Mr. Crowe. And that’s all.

A. That’s all.

The Italy Trading Company ticket was picked up at the

beach at the same time, just a little further on, in the

same mass of garbage. (The Criterion Theatre ticket stub

was marked ‘‘Plaintiff’s Exhibit 90,’’ and the Italy Trad-

ing Company ticket was marked ‘‘Plaintiff’s Exhibit 91,’

and offered in evidence.)

Q. Have you any personal acquaintance with these

other two bundles or packages of papers (indicating).

A. This one I picked up. This one Mayor Durand

picked up.

(561] I think they were picked up somewhere around

February 8th, the same day that the photograph was

made. This is a bil! from a country produce place in

New York. It is Northern Fruit & Produce Company,

488 Amsterdam avenue, New York. The date mark on

the bill is New York, February 11, 1925. And there are

other yey in the same month and the same year. [562]

These sales slips, a bundle consisting of 12 sales slips.

The next thing is a card; Mr. Benjamin P. Walker wishes

to announce that after November 1, 1925, his office will be

at 2061 Broadway, New York City. The next is Stan-

court Laundry, 770 Garrison avenue, Longwood avenue,

Bronx, New York City. It is a laundry ticket. The name

on the bottom is Moscowitz, 1305 Morris.

Mr. Crowe. I will stipulate on the record that in the

Borough of the Bronx there is a Morris avenue in the

City of New York.

The next is a postcard, Wood and Selleck, Inc., Bakers,

Confectioners, and Bottlers Supplies, Hudson, Duane and

Thomas streets, New York, addressed to Schidko, Inc.,

2839 Broadway, City. It is postmarked January 12, 1925.

161

For Plaintiff—C. H. Roberts—re-direct.

There is another postcard, 2838 Broadway, the same ad-

dress. There are five of those postcards. They seem to

amount to receipts. They are marked ‘‘Paid’’ on the back.

[563] This is a statement, New York, William Schedko, 2373

Broadway. The name is Recht and Rosenbaum, Incor-

porated, Empire Brand milk. 419 East 77th street. It

was dated, marked ‘‘Paid, January 7, 1925.” Others are

January, 1925, Jaburg Brothers to Schedko, dated Feb-

ruary 2, 1925: Wood and Selleck to Schedko, January

30, 1925; Wood and Selleck to Schedko, January 29,

1925; there are others of different dates, 14 of those,

Wood and Selleck bills to Schedko. That is New York,

March 14, 1925, William Schedko, 110th street, bought of

Rothwell’s Bakery, Inc., office and bakery, 429-431 East

75th street. Here is another one from the same company

dated February 21, 1925. The Jaburg bills which I re-

ferred to, there are eight of them, are all dated in Febru-

ary, 1925. I picked them up [564] on February 8, 1929, on

the beach at Sea Girt, among a lot of garbage and trash,

the garbage that I enumerated on the same day. That is

the same day the picture was taken.

[566] C. H. ROBERTS. Re-direct examination (re-

sumed). I think I started to say that on Rock Point

Beach, that is, the inleé aorth of Sea Girt, when the tide

was coming in, there was se much garbage coming in

and left on the north, shore that sometimes you could

not find any place to walk [567] there when we have

these garbage spells. And Sea Girt is getting to be quite

popular as a fishing resort for surf anglers, and

numerous times I have seen the undertow so full

garbage that the fishermen had to stop fishing. Y.

could not keep a line in there because your

tied up with the garbage and trash, and of

it a detriment to Sea Girt.

And I think that is all that I had, until I got the

new stuff that I picked up on the 13th of J ;

162

For Plaintif-—C. H. Roberts—re-direct.

there was a lot of garbage came on the catch, and on

the 15th, today, I went down lcoking over it, and some

more had come up, and I picked up those two cards,

and that bundle of papers on the radiator (indicating),

in and among the garbage. That bundle has not been

opened. (Examining bundle.) That is the way I found

it abeut an hour ago. These are from the Navy Yard

in New York.

Q. What does it say on the top of there (indicating),

by way of identification?

Mr. Crowe. Here (indicating) is one that you can

read very easily—‘‘Public Works Division.” You can

read it.

The Witness. ‘‘Public Works Division, Navy Yard,

New York. Requisition for Services. No. 42-76-97.’’

[568] There is no date on this. There is a date here

(indicating), August 2, 19297 They are all tied together.

They are requisitions for cylinder heads and copper pipe.

All kinds of supplies. The bundle, I think, contains sev-

eral hundred of those sheets.

Mr. Minard. . We will not offer those in evidence. We

will just refer to them.

Mr. Crowe. Are they going to be deemed as exhibits?

The Special Master. No, they will not be deemed as

exhibits.

[569] The Special Master. They will be admitted for

whatever they are worth, and if they are connected.

Q. Just describe the conditions on the beach when

you found these (indicating).

A. There were garbage conditions all along the beach,

about two-thirds of a mile long, and this morning, in

going down the beach I noticed onions, and turnips,

chicken cleanings, cabbage, bread, small orange peels,

grapefruit, bananas, fruit peelings, and a large amount

of grease, of the consistency of lard. nions, celery,

Christmas trees, apples, dead [570] chickens, pickles,

sweet potatoes anu squash. I also picked up this stub

163

For Plawmtif—C. H. Roberts, crcss.

here—‘The Children’s Shelter of Manhattan, Inc., 235

West 113th street, New York. Building Fund.”’

Mr. Minard: We offer this stuff in evidence.

The Witness. And found this card ‘‘John E. Durkin,

3 Spring street, Wisconsin 8497-8498-8499.’’

Q. Have you looked in the telephone book to find John

E. Durkin?

A. I cannot find John E. Durkin.

{571] The Witness. Dhat covers it all, I think.

Q. Now, what particular dates? I think you did tes-

tify to some particular dates when the g- “age was

unusually bad on the beach?.

A. On February 8, 1929, August 19 and 20, 1929; also

November 24 and 25, 1929.

And January 13, 1930; the 13th and 14th.

[572] Cross examination.

Q. When did you testify with regard to the date in

November? I do not see anything in here about it.

A. I had not got to that yet.

I am testifying for the first time now about it, August

19 and 20, November 24 and 25. I do not think I men-

tioned that when I was on the stand before. The only

date I testified to before was February 8, 1929. That

is the day upon which I took pictures. Our beach has

become quite popular for fishermen. And this popularity

is increasing, rather than decreasing. That has been

so for some time past—[573] the last few years. Prior

to that time there was some fishing carried on—since

I have been there. That is twenty years. But within

the last two years, it has become even a more popular

place for fishermen to resort to—there seemed to be mure

fishermen. The industry has increased, rather than de.

creased. It is not an industry, it is a sport. That

improves the business of the locality. It has prospered

and developed with this growth and popularity of the

fishing. It has increased some.

164

For Plaintiff—F rank Durand, direct.

(574) FRANK DURAND. On direct examination. I

live at Sea Girt. I am the Mayor and have been a little

over four years. I have been connected with the mu-

nicipal government since 1921. I have lived in Sea Girt

since May, 1921. I am familiar with the conditions of

garbage on the beach at Sea Girt. My observations con-

cevuing it are: Well, the beach at certain times becomes

littered with garbage and trash and broken wood, and

at times I have [575] seen dead animals there.

Q. How often has that occurred?

A. Well, it depends in a great measure on the wind

conditions.

A northeast or an easterly wind will bring this litter

and refuse in on the beach.

Q. To what extent do these accumulations occur?

- A. Well, that also depends on the conditions. Some-

times it will pile up in a continuous streak, and all along

the undertow and the upper edges of the wash, and

sometimes it seems to pile up in bunches, or windrows.

In a general way, it is every kind of vegetable, and

particularly as you first look at it the first thing you

see is the grapefruit and the orange rinds, probably

because the color stands out. If you go down and

examine it, you will find practically every kind of fruit

and vegetable that will float, most of them decayed. The

effect of the garbage on our beach and the development

of our community is—it retards our development, because

it makes our beaches unfit for use at certain times. [576)

We are a seashore resort, and the attraction we offer to

our people is our beach, and if people come to Sea Girt

and find that, because of unsanitary and unhealthy condi-

tions they cannot use the beach, they will not want to

come there; the beach is littered with decaying vegetables,

and these very much decayed skins and rinds—apparently

they float in there with some of the other stuff; and a

great deal of broken glass; bottles will float in, and after

they have been on the beach sometimes they are broken

165

For Plaintif—Frank Durand, direct.

by boys, and sometimes they will, perhaps, break each

other in a wash, in the undertow, and in the rough

gravel.

Q. What is the principal result that you can describe

upon the use of the beach?

A. Well, we find that during our summer season, when

this garbage condition exists; and the litter is on the“

beach, and at times is in the water—of course, it is

always in the water before it washes up on the beach;

but there are certain days when the water adjacent to

the beach seems to be literally filled, and our people

cannot bathe in it; and going down to the beach to use

that as their playground, they all simply have to give

it up and look for some other pleasure.

[577] There is no definite stated period or cycle in

which it does occur. As I say, it depends upon condi-

tions. I have known some seasons where I do not sup-

pose there is a week that we do not have the condition

some time during the week, and then again, there may

be three or four weeks when we do not have any. It

interferes with the use of the beach until it is cleaned up.

Q. What effort do you make to remove it?

A. In our immediate bathing beach, where the beach

would be used ordinarily every day, we require our life-

guards to clean the beach every morning. The rest of

the beach we clean just as soon as possible.

[578] The resident permanent population of Sea Girt is

about 500. The summer population including our hotel

popuiation, it should run between 3,00% and 3,500. The

assessed valuation of the property in Sea Girt—roughly,

is two and a quarter million. The figure here (indicating)

is $2,271,729. The capital investment in hotels and board-

ing houses is probably $500,000. (Examining paper.)

It is written here $500,000. The value of summer homes

will run higher than that. They are included in assessed

(578) valuation. We have a bathing pavilion, and one

block of boardwalk. The total cost wes between $45,000

166

For Plaswmtiff—Frank Dtrand, direct.

and $50,000. We have built no piers. We have built,

I think, seven jetties. They cost in the neighborhood of

$6,000 apiece. The bathing pavilion is the only beach

enterprise. It belongs to the borough. The borough

owns and operates it. It is open to the public. The length

of our beach frontage [580] is slightly over a mile.

Q. Have you any figures to show how much you spend

to clean the beaches?

A. I have only an estimate. I have not the exact

figures.

(Examining paper.) About $1,000 is estimated per year.

We have no fish pounds in our community. We have a

few private fishermen, who own boats and fish on shore.

Q. Can you tell us what the general effect of this

_situation is on your municipality? Now, you have men-

tioned that a moment ago, but I want to know whether

you have specific instances, or any recollection of facts

which indicate the effect of the garbage upon the develop-

ment of the community, either at the hotels or at the

boarding houses, or in the municipality generally?

A. Only in the fact that, through my official position,

I get a number of complaints.

(581) A. From people during the summer. I cannot

recall any names, but we do have during the summer,

and have had for the past—well, in fact, ever since I

have been connected with the korough—people who will

maybe, within a day or two before the meeting, there

has been a storm, and the garbage has been i

and can’t we take immediate action to clean this off, so

that the people can again use the beach? And particnu-

larly from people who own ocean frort property; they

will complain that they have to sit there and look at it,

whereas the others only run into it when they go down

~ For Plaintiff—Frank Durand, direct.

to the beach for pleasure; if it lies there on the

for 24 hours, with ths + summer sun on it, you do

The bathing beach whica is used every day must be

cleaned by the lifeguards every day; that is [582] part

of their duty, to keep that clean. The remainder of the

beach we clean under the directior of our borough superin-

tendent, by borough labor. I have picked up papers

among the garbage that would indicate where it comes

from—several times.

Q. I show you a bundle of papers, and ask you if you

recognize it (handing papers to witness)? Do you recog-

nize that memorandum?

A. (Examining papers.) Yes, that is in my handwrit-

ing.

I made that within two or three days after I picked

that up on the beach; this bundle of papers is the pack-

age referred to in this memorandum (indicating). It

was tied up, but not with this string; it was tied up, but

not all in one bundle. That package [583] laid on the

beach with the other litter. A lot of bottles, and quite

some garbage; a lot of small, broken wood, and some

corks...

Q. We will just describe them. Now, Mayor, just

tell us what that is—this package appears all to relate

all to one concern in New York, does it not (handing

papers to witness) ?

A. (Examining papers.) This (indicating) evidently

is a memorandum slip of the firm of William H. Gordon,

Hardware, Cutlery and Tools, 370 7th avenue.

A. This (indicating) is a sales slip dated January 2,

[584] 1928.

A. They appear to be records of salesmen.

Q. What is that pink slip?

A. This (indicating) is a form of the Standard Oil

Company of New York, addressed, ‘‘New York City

168

For Plainti;’—Frank Durand, cross.

Department, 270 7th avenue, New York.’’ William H.

Gordon, 370 7th aveune, New York, N. Y.

This blue sheet is a form of A. B. Cross & Brother, Inc.

Importers of Fine Furs, 115-117 West 7th street, New

York. It is addressed to William H. Gordon. This

bundle“ of papers appears to be all either house orders

of Gordon’s, or forms which have been forwarded to

Gordon. This bundle contains about [585] roughly 125

or 150 papers.

Perhaps one of the easiest objects to pick up on the

beach is a bottle with a label or a cork of some New

York City firm. I have seen a number of those. Unfor-

tunately, I have never saved any. I have seen other

papers similar to the ones which we have here—forms

and—TI could not give you any definite address on them.

I have seen thoatre pictures of New York theatres. (Ex-

amining papers.) ‘That looks like a bundle that was

picked up on our beach. I guess the bundle was picked

up the same day I [586] picked up this Gordon bundle.

These were picked up—I do not recall now, it was either

the same day I picked up mine, or the day before or

the day after; they were turned in to my office by Mr.

Roberts. The date I picked this up is stated in this

memorandum (indicating) February 9, 1929.

Q. Now, over a period of years, have you frequently

seen identification marks along the garbage?

A. As I say, you can find numerous articles with New

York City addresses on them.

[587] On cross examination. I have been the Mayor of

Sea Girt for four years. Since 1926. The Mayor takes

office the Ist of January. During that time, as I under-

stand the testimony of Mr. Roberts, the community has

made quite rapid strides. During the summer period of

time, we do not have conventions.

During the past summer, of my own personal knowledge,

garbage has been on the beach about three times.

169

For Plaintiff—Frank Durand, cross.

Q. So that when Mr. Roberts testified to only one date,

in August, you think his testimony is incorrect.

A. No, I do not.

Q. Well, how do you explain your testimony?

A. You said last year.

[588] Q. Last summer, which is 1929.

A. There was very little trouble with garbage after the

Ist of July.

During the summer period, we have a few people from

New York City. Most of our people are New Jersey

people. There are some that commute, yes.

Q. What were these bottles that you say you saw on

the [589] beach, prepared by druggists and pharmacists

in New York City?

A. Well, the bottles ordinarily are empty.

And some of the bottles have labels on them, but most of

them that can be identified have the name on the glass, or

they have a cork with a sealing wax seal which has been

stamped on, and with a druggist’s name on the top of the

cork. These bottles run all sizes, from a very small Yottle

up to a bottle of a quart size. The bottles which in

are the bottles which have a cork on them.

Q. And they are bottles of sizes that are carried in

vest pockets, or coat pockets, are they not—some of them

could be?

A. Some of them could be.

Q. Have you ever been present and seen any of these

[590] bottles coming in from the ocear?

A. I have a number of times been bathing when bottles,

trash and other litter floating in the ocean, washing up

and down.

A. I have often thrown the bottles from the surf up

on the beach while I was in bathing.

Q. Then you have subsequently examined these bottles?

A. Not particularly, no.

170

For Plaintiff—Frank Durand, cross.

I do not know where these bottles came from. I have

found bottles in the ocean and have thrown them on the

beach.

Q. Yes, but that is the only time?

A. And I do not know that I particularly knew the

name on that.

Q. And how often has it been your practice to throw

bottles up on the beach?

A. That is the only case I remember.

Q. And how far would you be from the beach when

you threw the bottle to the upper shore?

[591] A. Maybe 15 or 20 feet.

The garbage and trash which comes in within our bathing

grounds, which we mark off, is cleared by the lifeguards.

The remainder of the beach is taken care of by our

borough superintendent. This item of expense of $1,000

covers partly compensation to the lifeguards, and the

balance the expense which is paid to our borough iabor

for clearing the balance of the beach. They are employed

at so much per hour. Their pay will run between $4 and

$5 a day. They are paid only for the time they actually

work.

Q. Can you tell us now how much of that $1,000 esti-

mated expense covers the fixed charge for lifeguards dur-

ing the summer bathing season, and how much is for the

per diem employees that clean the beach?

[592] A. Well, that is only an estimate of the cost.

Of course, included in your cost you must figure both

the actual labor paid to men, supervision, truck hire, and

operation of your truck, and other items. We pay a life-

guard for our beach for the summer season, between

$25 and $35 a week. The lifeguards are there from about

June 10 or 15 ur il September 15 or 20. That is a

period of about fourteen weeks during the summer. We

employ sometimes two and sometimes three; never less

than two. We would have an expense fer lifeguards of

at least $60 a week for a period of fourteen weeks. That

171

For Plaintiff—C. Alva Rond, direct.

is a total or an aggregate charge of approximately $840

for the summer season for lifeguard service. It will

probably run h’gher [593] than that, because of the extra

man. The lifeguards are employed on a weekly basis.

They are paid whether anyone uses the beach or not.

On re-direct examination. The lifeguards employed are

borough employees. Their duties are primarily to act as

a lifeguard and protect the people while they are bath-

ing. In addition to that primary duty, they are made

responsible for the care and the cleanliness of the beach

which is set aside for bathing. They have nothing to

do with what we have heard of in this case as to coast

guards.

On re-cross examination.

Q. Have not the people of Sea Girt complained about

oil in [594] the water at different times?

A. We have heard of it at/times, yes.

That oil comes in on our beach, in on the sand.

(595) Q. Do I understand from you that there have

been from time to time complaints of oil in the water?

A. There have been.

Q. And that this gets on the soles of the feet of the

bathers?

A. There have been complaints about that.

Q. There have been complaints about that condition

and that condition has gone on for some years?

A. Apparently in the last two or three years it has

not been serious; we have not heard anything about it.

Q. Has that anything to do with the garbage condition

that you have testified to?

A. Not at all.

C. ALVA BOND, Jr. [596] On direct examination.

I live in Sea Girt. My business is real estate and in-

surance. I am connected with the City Government as

City Clerk. I have been summering at Sea Girt for 18

since 1923. I have been in the real estate business

there since 1924. I have been borough clerk since Jans.

ary 1, 1925. I have been there at the beaches a number

of times when the condition that we were talking about

has existed; as long as I have been there, there have been

certain times when the beach has been littered with

garbage. I would say at the high water line there

have [507] been piles of garbage, trash of all sorta,

seriously, about two or three times a summer. Over a

number of years; I would say, that some years are much

worse than others. Last year I only had one very serious

complaint ; and that was in August, I believe.

I try to be familiar with real estate conditions generally

around Sea Girt. (598) I am in a position to tell

whether this garbage condition on the beach has any

effect upon the growth of the community. I know this,

that I sold one piece of property there that the owner

dissatisfied with, because of the condition of

on the beach. Some of our renters on the

property have complained about the condition and have

said that they would not come back the next year, the

following year. I am in a position to express an opinion

about the general effect upon the community on that ac

count—more or less as an expert on real estate matters.

I would say this, that while it cannot be definitely stated, I

would say that anything of that kind would be a hindrance

to the proper or the best growth of the commnnity. I

173

For Plaintiff—-C. Alva Bond, cross.

have never been able to identify any addresses that would

pyeerts

ita

Tatty

I th

Q. And

Garbage and trash are not the only things that affect

[602] the use of our beach. I would say—well, that would

be trash and floating things like that in the water.

Q. And great big logs or driftwood?

A. I have seen such, yes.

174

For Plaintif—Frank C. Borden, Jr., direct.

Q. Do they come in on the beach?

A. I have seen them, yes.

Q. At any time does the oil come in?

A. I have not seen oil on the beach for seven or

eight years, only what might be buried, being left there

from that time. I remember years ago we did have

trouble with it, before | was in business or connected in

any way with the municipal government.

FRANK C. BORDEN, Jr. On direct examination.

{603} I live at Bradley Beach. My official position is

Mayor. I have been Mayor since May, 1919. I have

lived in Bradley

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