# Prologue — New Jersey v. New York City > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386009_0279%3A00 ## Record - **Collection:** Supreme Court brief - **Document type:** Prologue - **Published:** January 1, 1935 - **Citation:** 296 U.S. 259 ## Text FILE COPY nc | > , Vv Pe) — s — 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 418 663 197 665 198 892 278 506 141 508 142 520 145 522 146 522 146 340 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 103 104 434 435 248 321 479 358 358 367 492 494 495 495 _— *- ~ 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 a6 GAN 2ey ave 1967 1974 1976 198) 6a) 450 453 805 416 423 523 126) 1267 196 201 1240 1245 1226 1235 7 ss FER GE -- SE 8 282 a2 & B EEE g EE e Se 2 REE GE EEE RE Summographer Page T28 1G 1014 1017 1308 1312 ™ T 139 vse 1218 1221 cory 905 285 289 457 1132 E ses 282 8888 € & 22 83 88 § gf cee #38 38% &§ 174, 177, 180 ES 8888 e ~ s $8 85 8 822 i - ne = 520 679 680 1333 1335 1335 1336 R45 851 855 856 122 131 135 887 889 SSene 828228 £286 82 Printed Page S08 546 sar 557 5A4 574 580 a) 603 608 408 581 586 501 501 409 609 592 504 612 614 4a3 r 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 ne ‘if eit ida s ind 3 pe Retin Se 3h, Sone of bh ie lh 100 101 101 101 106 Avon Beach, Febru- ih 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 iF ri Bt Moore, garding Report to beach F | B MW 3 i d | iE : E 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 i3 sages. &§ ; i rip (tiie ; i | ! | ih tn amend ae The Special Master. Mr. Crowe. OPENING STATEMENT ON BEHALF OF PLAINTIF?, A od ed Ree fies ii : isis Hit itt PHT Hi 27 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 He Hatin ¥ s2958i isi 4 re : : 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 a sf ee 5 5 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 aU Thier “fpgei + Bait addresses on them It never fails. (120) ) = eat cena THE eae HE + uf i § i i i # 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 Te 2 : 3 Hi 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 ro 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} an 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. | | r ser the dumpine I have seen #0 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. 41 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 H es § 4. ; Fé 3 i iE i : i é : : i F2 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 3 38; i; jl: | Te aft Hb Ni Hine nate ate tH Wis # Hite sai EGE away from it, it comes right to 3 233 e- i i ul Zo f a : that stuff shows up just after they Driftwood was among the garbage And it would be the driftwood that 25% s#1Lt 4 fi 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 $ “. 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 85 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 : i *iF 8 cl F lite alii i: Ny t E profession as disclosed by the magazines, : ag PSE E gt Gite Unk Fr Fite sHttt a SitR : i E i ; : 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 ul 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 : . z E | ‘| “(2 GPStggebeggg ss geet aze i Ait ‘ i: iit at A ot tg 335 i A ‘ if ifiglis “| if} Ht i (1; ie CAH AE “3 pin SEH HIATT eis sisi * 3 > TUE HT BT HTaTH [LET ep at Ef eliaeal tee tet : a enn galeg di STH eeltiritln ata! York in this possible. Place and City, The call a os tanto ta soon as 9 A.M. name York (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 Tide binds an savilea7 eign aah, iii a “gapatagggge peg i SoHE ey a a) 63 bh i | +393! Ae : He ai adtiatialniiis i é : j i i 90 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 g 91 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- Bm treat el; them scows at least. from the to ¥ 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 aij : fap it whi t423 ani; irl of; eerie fe H sia Hguil ia ih THEE ne it 3 3% ii Hieik. iit i 3 i th railroad (A ¥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 a Ha i i Ee dE 96 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 3 Q. This is the other end of the line? Mr. Minard. I offer it in evidence. : ; : 2 1 Hit reali 9K 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. r i had a plank on pullution, also the Republican state Lt i 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 H igi 2 Ht i la ie HE 5 : He (The paper referred to was marked ‘ (385) 72,”’ and admitted in mas Te } 102 For Plaintif/—Walter P. Fahy, direct. fi re 7 } 4 - i é Hi 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 eet AE Hitt : 4 ' cena ‘fl Rif 43 if qipatiii Hate i B53 5 eit a¢ef2sue f aie : you ever observed the conditions at the SSiFS FE EGRTSE ER TEG “ide Toe POP HN Se se 3537383 ~ gp gekerbee Petdlbe iy? eee £78524 22¢0 9)? ; i §ygise’ ae ads ma ji 4! i. aH nee Begg ghei tage g gh ata Sme ES i i aj | iio iy adats TE en iat i (in slit Ho i 3 | : g-gs i AHTRHE : ipeshads iY PH Heed et 2 : ne i j ig +H eat mie i yf: m if} SoHE allan he HT adsl te Hi se lh 4f THHARS 24933 flees E 13} s37% etal etal Hale fet TL wae = Hil: pha, isn’t warm sunny day, you very it for a considerable distance > Ait rt . stfigit if efits pay + 335: Lr ~igasi 4. Aa E Hed He iabita et ste HH I have resided at Belmar for ten years. This is my eleventh ii: ane ge yg [407] On cross examination. 3 ; i! L . 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’ g33 sgé g 113) sfT ne Hil iil i a gies) Uae Lie Peart i tall SIE nthe if lat S« see th inte ial . g™ re 1% Hu hee eat H ad into captain for y up to garbage block of pretty much. been out seen the Byrne of any of any mental body does, he roel + 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. 33 AR 243) day 7 LL a a> Sore ASO OSA ee Oo Ni tad re - ater 2 ae Veta 63°55 9826457139 THLE HST ee EEE tat Hens EEE iit] Fait : pHs fied plage yt TH oleate ete tetrad tis 133 fie AHP ae ‘i sai 7 pa petgdcuadipecdeecdeteadiets ret AH slits AHH HH tee co TART ee r . itil i i ie] lis 2H : R592.485 : lit =a £79] FE GH Er ; afar *) eS a i 5 ae Ey, , tehie afl s* ie i: gu qi? ae cated ala Ha Fae figs8 walt itl hig sae THD at i I have been iia Tr oT 1333 2 iy F ge = ahi Lp 2 i ‘ hes pial if Avon for 18 years. about rem yer wf E € cs HIS BTH A gs. ~ Fn ShTs He Maps: at uy 3 : vif Sa S2E 22559877 348 ATHULS He a | j Hh it would know it was there. a a it li Te Hite 23314} i, am wl fa pill ! date | ah ety i it iy He i! ela Rn MES Ea 1 geF tei 7 c 7 itr = oH sit nuit 2 ihe Hi HE rah a hard job to extricate her. Then you can look down below the surface and see all the heavy matter dropping a TEE + 32343 rf tt i On ite 33 HRS at ER LOH EH dads, Haut s3tf3 lig ; =i Petre EMT a teens HEHE PE ie Ea finn Ht i fie és ~2 Huta HAE te! i "ERE 433 ie? aE ately aelnateann EH illite in Gil ipsa 38 pice: HHH al | Hie er q pete He nly ith sty iil AHH PTH BH TPE HET tintt fetes All ih i ait HIRT ais8 ie HF ies itt i 2 Gia * alt Mtl: at Hinge i . man Hi i. 1H ae ii ie ; Ps i: i a) Hi aan le HH PH TE if PEE ian Hit Ha Ht a 133} ti if i & sities? athe FEEGLEPTEPS RSS PERRET EL EEE Fars eesgee 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 sa 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 EE Het ee Leer ial iH fant HE : 13: Hi bE 2: diet? 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 Ri af i tf ! E + ge 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 iF f | af ; f al agibasé : 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. seria HF eres PhP Shey bHilaiiunig-! tut e355: iff sk £4,432 Ey it tis bi ps : if 23 T 3° ib 2» - g3 Phe ~ : Z % 2 6 4 5 gay 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. 4! 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 i ef te LC diy : rip i- i | il FEC 4 ube 5 3 z F : s ui TT yes or no. _ T have not seen any neighbors in my vicinity. Answer “Q. You are speaking for the citizens of your a Mr. seers 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 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 ve 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) Ty H : Fi 3 = i f ere >> - f3 : 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 ee pu ! 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 7S 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 4 g = 3 eretlit UE i * fe 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. il 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. is F E : 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). - 1000) There exhibits that I picked u say om * J. What does that A. My glasses are not strong enough reshment Com- The same name This box is marked ‘‘Manhattan Ref . And Same thing. 42 2nd avenue, New York, N. Y.”’ For Plaintif—George W. Smith, direct. is on each end and on the other side. That you found PRA HUE : ; ay - abcd i Hi “qparn geist ggrtistalyty! ae geist s i483 pfis! ails eee nay g peal del aE Feb 2g5 ea iat 3 ill 4. I donot. There is a Borden’s Milk Company here p were "aried ; flat; out). New Jersey? 13 ne al gs ey i i627 LT nL uh in February of 1928 carted to me and I carted in the country—my own aot waste ee ee (ite 1] pei ie | . 192 For Plaintiff—William Fitegerald, direct. had to pick them up with a shovel, when we do it with a fork. I have noticed articles that ha : z names and addresses. I have seen the never bothered to notice it. This last time I labels on the bottles, and sometimes they have stamped with the names of New York concerns. seen bottle caps and boards. I noticed a board this ing, but I did not think there would be any use [646] it up. It was marked ‘‘Standard Oil Company New York.’’ That might be anywhere. Q. I show you an envelope, and ask you if that shows anything that you recognize (handing paper to witness)? A. This is the stuff I picked up on the beach yesterday, around 1:30 o’clock, such as bottle caps. Mr. Minard. This is a Sheffield Farms bottle cap, 527 West 125th street, N. Y. C. Here is another one, Trinity Dairy Company, 4951 Downing street, New York. ‘Here is another Sheffield Farms milk bottle cap, 527 West 125th street, New York City. Here is another of Timmer’s Luncheonette, candies, ete., 498 Sixth avenue; phone Chelsea 4965. Here is a Borden cap, 460 West 28th street. And here is a Model Dairy Company cap, 19th street and Avenue B, 246 Eighth avenue, New York City. Here is one from the Sunshine Farms, 543 to 547 West _2Sth street, New York City. ‘ [647] Here is another Sheffield Parma, 632 West 125th street. Here is another card, the New Castle Club, 32 East 12th street, University Place, telephone Stuyvesant 9384, I do not know whether there is any doubt about these things being New York City addresses or not. These (in- dicating) are going to be particularly unhandy to dupli- eate for the record. [648] Q. Have you ever found any other papers with an identification mark on them? Sih itt + were fooling about the large amount, and that we had quite a large amount of those, and I have seen them in the yard, but I cannot seem to locate them now. On cross examination. Q. Do you know whether or not the drawer of the check, the person who signed the check, was a resident of the City of New York? A. On the end it had the brokerage firm’s name up on the stub end, and then the New York bank was up on the top, right across the whole check; that was the reason I know it (649) was a big brokerage house. It was on a New York bank. I do not know whether the person who drew the check lived in New York. I could not say that. I know it was this brokerage house. I only knew it was a New York bank and the name was a New York brokerage house. of New York rage houses out here in I presume there They were on the beach, but righ (650) I assumed that they came in have been employed in this capacity On re-direct examination. Q. Do you know whether or not this brokerage whose name is on these checks has any branches along the shore? 194 Por Plaintif—John G. Gruetener, direct. A. I don’t recall; I don’t think they have. I do not know. JOHN G. GRUETZNER. (651) On direct examina tion. I live at Asbury Park. I am the superintendent of Asbury Park. Q. I show you some pictures labeled Seaside Heights, New Jersey, December 13, 1929, Cole & Co., and they are numbered 9319-A, 9322-A, 9323-A and 9324-A. I want these identified. I am willing to offer them in evidence, bat I do not know that it would be well to do so, as I have photographs ready to offer in evidence when the photog- rapher comes. Can these be identified, so that we can offer the others when the time comes? — (The photographs referred to were marked, respectively, ‘‘Complainant’s Exhibit for identification, No. 115 to No. 118,’’ inclusive.) I was present when these photographs were taken. They were taken on the dates shown on there [652] by Cole, photographer. The name of the operator of the camera is Mr. Stickler. He has already testified in this case, has he not? These pictures show the conditions as I saw them there that day. No. 115 for identification. That picture shows my fore- man, Mr. Charles Keyler. And this is myself (indicat- ing). I made at the time and on the spot a list of the articles which I saw in that collection of garbage (examining paper). That is the list I prepared of ar- ticles that I saw. [653] One is marked Seaside Park. I was there the same day. This (indicating) is marked Seaside Heights. There is a note on here covering Sea- side Heights. (The memorandum referred to was received in evi- dence and marked ‘‘Complainant’s Exhibit No. 119.’’) Exhibit 115 for identification shows a lot of garbage there thet came in. Different classes of garbage. 195 For Plaintiff—J ohn G. Gruetener, direct. Exhibit for identification No. 115, shows trash from the point we stood, in about the middle of Seaside Heights. out—the extent of that garbage on the beach. No. 117 [654] shows the beach north from the point we stood. This (indicating) is dead chickens. In the lower coraer. And then you had got your garbage here (indicating). I will state that practically 90% of that [655; (The photographs referred to were received in evidence and marked, respectively, ‘‘Complainant’s Ex- hibit No. 120’’ to ‘‘Complainant’s Exhibit No. 124’’ in- clusive.) Exhibit 120 shows the beach at Seaside Park on De- cember 13, 1929. That material consisted mostly of driftwood and bottles—all kinds of tin cans—toys. I have a list there. Exhibit 119 is a complete list of those articles in Seaside Park. That list is already in evi- dence. Exhibit 119 describes the articles which I found as shown by Exhibits 120 to 124, both inclusive. [656] They were all taken at Seaside Park, December 13, 1929. They fairly describe the conditions existing there at the time. They were taken right there on the spot at the time. I picked up some of the articles. I have an assort- ment of them here. They were found at Seaside Park. That is the way I found them (indicating package), except that they were wet. Mr. Minard. That is, ‘‘Why Does This Girl Leave Home, Friday Night, Saturday Night and Sunday After- ' OU HF if ah ert +h Bis 4 TF tt bexssiss : : . z 43° -: f i Het i Hl i ; ; hit peupedi deta gs i3 as : i i Siqdesae’ a Bss*ig. ip er i ii - . Pd tiie ata? Fir Plointiff—Mre. R. B. Patch, direct. © A. At times it has, but generally ‘+ is congealed, more Q. That covers the surface of the beach and dis or lees, to more like tar than oil. colors the sand with oil! Mr. Crowe. Yes, that is what I mean. UST ers Ht sat TATE sje}. ibe aH ini PTA Hyd > pa hes3 tle — ae tht Peele b 206 Por Plaintif—John Hillig, direct. beach is the main attraction. Of course, they can take walks. That is the chief attraction. JOHN HILLIG. [688] On direct examination. I live in Yonkers, New York. I spend the summers at i i 4 | rc [E tik >o i : E E f ts i | F zag 3% ough there on the construction of that breakwater EF of February, 1929, I got down there—I noticed garbage and rubbish of all descriptions, and along around ten o’clock I gathered up a mass of it and delivered it to the police department to send to Assemblyman Sterner, who has been a good civic worker in connection with conditions down there, and gave him all the things I had gathered up, which was in the nature of labels, bill- heads and various papers showing identifications and where it came from. I understood he took that material to somebody—I under- stood Governor Larson—in connection with some work he was assembling at that time. Q. Do you remember the names and addresses on any of that material! A. Offhand, I cannot say. Q. Do you remember any towns or cities? A. New York City; and some of it out in Brooklyn,— and up in the Bronx section. (690) A. A similar condition there existed the year previous. In the last five or six years it seemed to become more acute. Being in the hotel business, I notice it more because of the complaints of guests. They naturally come to the shore for bathing, which is one TT iat | it k ia F auih itl 1 i “33 3 Ey eee HAD 43 i ae gee aa gist ght ppaggesg edges, 4 Big je ead ee Ee dee Pay iyi} ue tf Be igs Peritig thie He i233! aly: iia aap el alee sits e385 753] Wen 4 i £33315 537: uate eae audit aes 43343 si- : eine iil uf aie, pas nay iq ile ay eat iH or 5 23] : iti te Hd val a hit 1 ie ait Pea aut een Ht ati Het ij is au ae an - qa7°s tena waits esis Hint Hit sA43 : ie sist 4s at #43433 3& Tet 210 For Plasmtiff—Alez Steel, direct. to leave [698] the place. She was referring to 1929, this last year. On cross examination. We lave heard of a lot of others, but nothing specific. Q. Only one person said they would not go back next year? A. Yes, it just happened to be brought ap in the conversation. Probably hundreds of thousands go to our beach in the summertime—last summer—and out of hundreds of sands of people that went there, only one said would not go back that I know of specially. FF (609) ALEX STEEL. On direct examination. I live at 52 14th avenue, r. I live there the year around. I am familiar wi beach—particularly in the summer months. I have a fairly good knowledge for the two years; since we have had an improvement I happened to be its president. That is the Association. The purpose of that association general improvements which inclade the the fact that a great many residents are homes or other property. [700] My attention drawn to the garbage situation on more than sion, but that was through a member of the association just drawing my attention to it; they drew my attention to any fault they might find with the borough. It was the cause of my complaint to the commissioners in refer- ence to the condition of the beach. I have examined the beach when there was garbage on it—this summer, I do not know the exact date; I would say about August 10 or 15, or something about that time; the early part of August. Q. And what was the condition you found there? A. Well, particularly—it was on a Saturday if you want to know the exact date—on this particular ite HHH : E edie 3 isi iin § ee Hath Wi : jit: i ia h F | 4 4 ! Tt and this trash prowibits that. MYRON 0. MORRIS. [786] On direct examination. I live in Spring “Lake. I have been Borough Clerk of Spring Lake over five years. I have lived in Spring Lake for 28 years. During that time I have had plenty of experience with the garbage on the beach. I took pictures (examining photographs). These pictures taker, in April of 1929. I did not put down the loaded with glass bottles picked up from the refuse from the beach, to be carted away. The other pictures repre. nt litter and garbage conditions as they were. (The pnotographs referred to were received in evidence 170-A"’ to ‘Complainant's Exhibit No. 170-0,"" in- elusive.) 43 Por Plaintif—Myror O. Morris, direct. 4 : 1 2 | : ; ceived in evidence and marked, respectively, ‘‘Complain- ant’s Exhibit No. 171-A"’ to “‘Complainant’s Exhibit No. 171-E,”’ inelusive.) Here is one more sheet. I have ancther one here, marked A-3. (The photographs referred to were received in evidence and marked, respectively, ‘‘Complainant’s Exhibit No. 172-A"’ to ‘“‘Complainant’s Exhibit No. 172-D,"" inmelusive.) (Examining photograph.) That is a picture of the Monmouth Hotel and the Essex and Sussex Hotel, and the cottages adjoining, located between Atlantic and Sussex avenues, and between Ocean and First avenues in Spring Lake. It includes a portion of our beach front. I do not know who that picture. (789) (Examining photograph.) This is t Airview Company, Long Branch. That particularly shows I have referred to as a picture of the section of our water front, including the Ocean avenue and the boardwalk. That plaza it is up to this section (indicating) where you it is in the rough. (The photograph referred received in evidence and marked ‘‘Complainant’s No. 173."") [790] I have identified objects other those that I have here today, a lot of them. For past three years I have been particularly interested seeing just where the garbage came f noticed it particularly, and in almost every have located a number of bottle tops with N City addresses on them, and yesterday I saw in the refuse on the beach with a New York City —_ ~ = NOUS REEEE: Ee FF sti tt FE eS Hit! 244 For Plaintiff—Myron O. Morris, cross. on it, a check, or cancelled checks, with N addresses on the end of the check; sales sli b: he ant’s Exhibit No. 170-A to G, inclusive, in this picture (indicating) the driftwood appears to predominate in quantity. Complainant’s Exhibit No. 171-A to E, ineln- sive, are not different views of the same materials. Com- paring photograph A with photograph D, and having made that comparison, I still will adhere to my previous testi- mony. The width of our beach at Spring Lake varies. Its narrowest width is about 150 feet. I am not in a pos’*ion to say to what the widest width is. My best judg- ment as to that is probably 200 or 250 feet, more or less. Q. And these pictures represent the condition of the [792] beach which you have described as being “literally covered with garbage’’? A. I do not know that I described anything as being ‘‘literally covered with garbage.’’ Q. Did you say ‘‘littered with garbage’’—do you recol- lect? A. I do not recollect. Q. You do not recollect? A. I don’t think I have. Q. The objects that you have seen deposited on the beach with the names of New York concerns were similar to these milk bottle caps which showed that the milk had been pasteurized at a New York location, and the other objects were objects or commodities put out by New York concerns? A. No, not necessarily, or not absolutely, either. Q. Are you able to say whether or not you ever saw an object bearing an address of an individual in the City of New York, which object could not, by any chance, 245 Por Plaintif—J. G. Newman, direct. have come into New Jersey and reached the water from some other source than garbage disposition? A. That is the way I felt about it. (793] J. G. NEWMAN. On direct examination. I live in Spring Lake. I am borough superintendent. I have been borough superintendent for six years. I have lived in Spring Lake for 60 years. I have been familiar with the beach conditions at Spring Lake for 40 years. I have had experience with the garbage on the beach. The last six years I have had it continuously. (794) Every time there is a northeast storm for three or four days, why, the beach would be littered with trash and garbage of all kinds—you could not mention anything, hardly, but what you could find it there—carrots and beets, banana apples, onions, and any kind of vegetable or any fruit you could name, you could find it there; cats, dogs, chickens and everything like that. You find there; you find anything. You take the past week. We found bottles galore and electric light bulbs. Now, you have to clean them uj, and my job is *o get it cleaned up. And you have got to pick the bottles out and cart them away; if you do not, why, they break them on the beach, and children and people cut their feet awfully with them, and there is an awful amount of complaint about them. They are the worst thing there is. As to quantities of bottles, I have got six Ford loads at one time out of one blow. That was in 1929. [795] The rest of it we have to burn the best we can. The animal stuff we have to bury. We get thai cleaned up as soon as we can; we have to, on account of the stench; you cannot go down there and sit on the beach at all, the summer people who come there for that purpose, and you have to do the best you can. I have had as high as 20 men at a time working on the beach, after one of these blows. | have no record 246 Por Plaintiff — J. G. Newman, direct. of how many truckloads of material were carted away after one clean-up. We do not cart it away. We burn ty of it we burn. We have no place to garbage and stuff in our borough. Our garbage from the borough is carted away and gues i country by pany” aHE ! ri : a turned them in; some of them; I have not i 5 is an affidavit on this (indicating) made October It refers to certain articles listed as A, B, Here (indicating) is A. I made that affidavit. there that the bundle A was found on September 1924. I have saved these things. Bundle No. 4 ap pears to be parts orders at that [797] time, Auto Sales, 869 Cortlandt avenue, at 16lst street, New York City. They are dated August 2, that one is (indicating), but it has no year, so that we do not know. I turned them in to the Mayor, and he made that memorandum. I picked those up on the beach among the trash. This material (indicating) seems to be all from the same concern at that time, ‘‘Auto Parts.’ Here are dates August 2, 1923, Angust 3, 1923. They seem to cover a period all about August 2 and 3. Here (indicating) is August 7—well, here is July (indicating). So that it is July and August, 1925. There are roughly 150 of those parts. Exhibit B is a group of checks picked up June 5, (798) 1928. These (indicating) are cancelled checks on the East River National Bank, 530 Broadway, New York, and they are the checks of A. J. de Lorenzo & Company, New Linen & Cotton Cuttings, 180 Thompson street, New York City. There are about 20 of them. Here (indicating) is the date, December 8, 1923, on some of them here, and the water has taken the date out of some of these others. Those were all together els? 8 ee ee ee 247 For Plaintif—J. G. Newman, direct. when we picked them up. There are two items here (indicating), C and D. Item C is a bundle I found June 25, 1928. wag A ery RS fn dry BAe: ing, possibly, 50 pages. Item D, picked up on June 25, 1928, seems to be a pad of W. Heinrichs, 426 West 90th street, New York City. Evidently they were meal tickets, something of that sort, and just torn off of those st It looks like restaurant checks. This garbage is a ment to the community and an expense. continually find fault and it is a detriment t if you do not clean it up right away. The to Spring Lake for the pleasure of the beach and This interferes with their use of the beach. four days at atime. Sometimes I have seen [ for a week at a time, one right after the other, they could not use the beach for a week. They cannot go on their bare feet, and most of them that go on the sand go barefooted. I have a lot of stuff here (indi- eating). This gives an address (indicating a wooden boerd): ‘*61 West 23rd street, New York.’’ I picked that stick up yesterday afternoon. Q. What is the pole there (indicating)? A. There it is. 1 got this pole among the trash on the beach. The letters N. Y. C. are burned into it on the bottom. I cannot get that at the top. {801} Mr. Minard. (Reading.) B. P. & S., New York City. Mr. Crowe. No. We have no such department. We do not mind being hung, but do not Lang us for somebody else’s sins. Mr. Minard. There (indicating pole) is your own shovel handle. Mr. Crowe. You are good at making up a case, dut you cannot fasten that on us. te ates _ —_ = ‘ » ee ee ee ee ee are For Plaintiff—Horatio Clayton, darect. Mr. Minard. The initials on this pole are D. P. 8, N. Y. C. The Witness. It is a department in New York City; there is no doubt about that. I found that pole among the garbage. I have another ticket here (indicating). I found this ticket afternoon. It is Fox Square Laundry, 1471 Edgewater Road, and it has an address on it of 1475 Broadway, phone Dayton 2000. (802) Here (indicating) are some milk bottle caps; Burtining Milk Company, pasteurized at 109 Grand street, Hoboken; here (indicating) is one from Read’s Union Dairy, 531 Waverly avenue, Brooklyn; and this one (indicating) is from Model Dairy, 246 Bighth avenue, New York City. Now, we have one with the Department of Plants and ‘Structures. Mr. Crowe. There was such a department at one time. Mr. Minard. That was Grover Whalen's department at one time. Mr. Crowe, At one time. D. P. & 8. does not signify Department of Plants & Structures. We use P. & 8. HORATIO CLAYTON. [803] On direct examination. I live in Spring Lake. I have lived there nearly all my life. I have no connection with the government down there at the present time. My business is real estate and insurance agency. I was connected with the municipal government as « member of the council for fifteen years, from 1913. I have had experience with the garbage on the beach. In my business we rent a great many houses, and, of course, represent our tenants, and serving them in a dual capacity, as a member of the local council and as [804] their agent, I have heard a great many complaints of the beach conditions. I visited the beach frequently, being called there as an official, and hearing the complaints from my tenants and those who were not my tenants, and I noted the conditions, as have been a clit HE ih He ie ite He inte veld Bett Alt dig | ip il th be ! 1 = : as Malta ia ata 7 ety Phi RUTH | a Hie | th bite 44° pigieay 250 For Plaintiff —Edward E. Hayes, Frank S. Bennett, direct. 200 guests, or a little more. We have a transient trade, people is the beach only; that is practically— I have many complaints. As a matter of fact, I think I had people stop coming there on that account. It been a matter of frequent complaint at the desks of the hotel. [810] It absolutely interferes with their pieasure. It makes it impossible for them to go in bathing or on the beach. We have a private beach. FRANK 8. BENNETT. On direct examination. I live the municipal government about six years. I have lived in ing Lake for [811] 29 years. I have been familiar with the condition of the beach for that length of time, men usually takes care of it. In the way of growth or development or satisfaction of our guests, I should say it does not help our borough at all. I have no way of SLO TR ATC AP: LO — 251 For Plaintiff—William B. Stubbs, direct. determining otherwise. There is a great deal of com- plaint, so much so [812] that our summer residents at times, not feeling that we got the beach clear as fast as they thought it ought to be, requested the privilege of putting men on to help them, and they paid for them. I have never found any articles that were iden- tified by names or addresses on the beach. WILLIAM B. STUBBS. On direct examination. I live at Sea Girt, spending about half the time down here at the shore and about half the time in New York. I live at West 82nd street in New York. My business is tho hotel business at [813] Spring Lake and Sea Girt. I operate the Warren Hotel at Spring Lake and the Stock- ton Hotel at Sea Girt. The capacity of the Warren Hotel is about 300 guests. I accommodate about 1,500 different guests during the season; that is not accurate. The dominant attraction that brings people to our hotel at Spring Lake is the ocean bathing. I am familiar with the garbage conditions on the beach. That has affected our business principally through the unfavorable criticism of numerous guests. They have frequently brought to our attention the presence of garbage on the beach, and other debris, but particularly the garbage, because the garbage, of course, is repuisive, and disgust- ing. The other debris they expect to find, perhaps, a certain amount of, at various times. This hotel [814] represents, roughly, several hundred thousand dollars in investment. It has no other means of support than these attractions of the beach. With regard to the Stockton Hotel, that represents an investment of several hundred thousand dollars. The attraction there is par- ticularly the beach, because we are in a somewhat remote location, where the ocean bathing is almost the sole attraction. The Stockton Hotel accommodates approx- imately about 400 guests. We entertain during the year about the same number as in Spring Lake. These two SEU Ok Re CAE PAO REL. RE RGEPRS, hotels are a mile apart. The garbage conditions on the f lt if is about the same as it is on the Warren I have not particularly identified any articles on with names and addresses on them. I did yesterday, I was here yesterday morning. I found some ten milk bottle caps with verions New York dresses. They had about seven distinctly different York addresses. 4 ai 3 TEs GOODWYN. [816] On direct eramination. I am the Mayor of Avon. Exhibits 167 and 168 are pictures of our beach as it is now, or as it has been for the last day or two. Those were taken the 14th. up a letter there yesterday. I found this this morning amongst the garbage and the trash on our beach. [817] “Mr. & Mra. Angelo Fazzio request the honor of your company at the marriage ceremony of their brother, Vin- cent Camilleri, to Josephine Sciaulina on Saturday eve- ning, January 5, 1930, at 5 P. M."" Then there is the name of the church and the address of the church, and then the address of the persons, apparently. (Reading) **Reception to be held at Stuyvesant Casine, 140 and 142 Second avenue, at 8 P. M.,"’ and the address above is 12th street, between First avenue and Avenue A, New York City. Our beach at the present time is in a very, very serious condition. This northeaster has not only littered the entire beach, bat our south rock amongst the stones is all filled with garbage and matter, and it is going to be a problem now are going to get that out of there, because if allowed to remain, that is right on the south one of our bathing beaches which is patronized extensively in the summer season. Now, that is to cost a lot of money, and how we are going that out from between the rocks, I do not know, eR et pw ORY Qe —— j ils FE as HE 14h! et ith i THE ‘it } ) efizal! [ys GLE 1) ait SHOT RLL jidspistegact ee TURIEE 3 F prt 5 £424 if Het 1 g2iaa: y Saka egg aragal, H} 2 ere ar (821) A. Well, garbage. That is my best judgment, examining this picture. I would not say, examining the same ‘Complainant's Exhibit No. 167, that there is just [822] JOSEPH MAYER. (823) On direct examination. I am Mayor of Belmar. I was Mayor in 1924 and 1925, and Mayor again since December, 1927. I have not been a member of the council or in any other capacity. I have lived in Belmar for 25 years. I have prepared data showing the resident population of our boroughs. The resident population is about 3,800. (824) Our summer population is about 25,000. There are about 4,000 in what we call South Belmar and West Belmar, and they take about 10,000 more people in there. They are just back of our town, but use our beach. They have no beach of their own. It would appear as if it was all Belmar, but these boroughs are separate, but they have the free use of our beach. The total population, including all the people who ase our beach in the summer is about 35,000 people. Our community is largely residential, hotels and boarding houses. We have some industries there. We have the shirt factory, a dress factory, a braid mill, and the gas works. [825] They are usually along the railroad track, in the back part of orr town. Those industries go towards supporting the winter pop- IY” ve Por Plaintiff—Joseph Mayer, direct. ulation of our community, but it does not support all. They find employment along the towns. I know how many winter industries there are at Belmar. The principal attraction that brings summer people is the beach; also the river, but the beach is the predominat- ing attraction. They use the beach for bathing, and that is of prime importance, and that is of the essence, because that is recognized as bringing all the people there. The river is used for this, but—there are quite a number who bathe in the river, people in that section of the town, beeause the river is shallow and there is a very excellent place for children to bathe in, and they get the salt water there the same as at the beach. And then we have the wading and the (826) other activities on the river that are enjoyed there. We have hotels and boarding houses in our borough. The summer hotels and boarding houses run about $700,000 in value. The total valuation of the borough is $7,100,000. We have altogether about 2,100 buildings, including the hotels and residences. Sum- mer homes, there would be in value $2,600,000, and winter homes about $3,840,000. We have built a boardwalk. [827] Our boardwalk is about a mile and a half long. The boardwalk itself, the nearest we can gather, runs about $50,000. The piers and jetties that have been built there—and Belmar has been exceedingly active in that— our piers and jetties constitute an item of $525,000. We have bathing pavilions and clubs. The bathing pavilions on the beach owned by the municipality are $110,000, and . the principal club on the beach is the fishing club, running about $50,000. The river front purchase was purchased. They began the purchase and the condemnation of the river front, to take it over by the municipality two or three years ago, and in 1927 it was concluded, at a cos* of $150,000. That is turned over to the public use, and is being used constantly now. The length of our beach frontage is a mile and a half. We have fish pounds on our beach. (828) It is an industry conducted For Plaintiff—Joseph Mayer, direct. by Mr. Wooley. It is a private enterprise. Mr. Wooley is here. We have had the experience of the nuisance that has been there, and our attention is being constantly called to the condition of the beach, which deprives the people from its use whenever we have these storm periods, when garbage and refuse would come up on the beach. We have had garbage on the beach, probably, as long as I can remember being around there, off and on during the year, and we have been bothered about it just as much, probably, in my first administration, as we were since that time. But the thing became, with the increasing population coming to the town—why, it became more and more a duty of the governing body to take care of the garbage situation. So it became more -serious each year. In other words, the towns were get- ting more people and greater numbers were coming to the beach: and the resort, so that the garbage became more and more of a question of consideration with all [829] officials and principally our own. We take care of this garbage by the street cleaning department; it . comes through the street cleaning department. The super- intendent will be here. He will tell you just what he does with it. They largely cart it away. On these extreme times they are obliged to cart it away. Last year, 1929, we used up our appropriation there of some- thing about $2,000. And each year it has been somewhere abeut that neighborhood. I think the year of 1929, beg inning with the extreme time in February, cost us a greater cost during that year of it than previous year. Probably it ran about $1,500 then; somewhere about that. I have made personal inspection of the garbage on the beach. I get there very frequently. My home is right near the beach, or was for a number of years, and I go down very frequently, and, in fact, during my term I dele- [830] gated some of our officers to gather and get the material and, in line with the activities of the towns here, to try to get something 257 For Plaintiff—Joseph Mayer, direct. done. And we had it gathered together, and quite some of it was delivered to the Senator to take up this from a State standpoint, and others, together with photographic copies, were delivered to the War Department, at their request, by reason of telegrams being sent us, to advise them when conditions were bad on the beach. Q. I want you to look at some of these pictures that Mr. Martin took, and I ask if you recognize those pic- tures as showing conditions that you had of litter on your beach (handing photograph to witness)? Do you recognize those pictures as pictures of your beach front? A. (Examining photographs.) Yes. That (indicating photograph) was a condition that we observed, and I was there, and saw it exactly as is shown by the pictures, and sent immediately to our Chief of Police, who got the photographer and went down and got these views the same day. They were taken under my direction at the time. (831) The date they were taken is on the back of the pictures. That was February 9, 1929. There is not any question that the question of garbage on the beach is a serious detriment to our town. Many people just will not go on the beach. and they will not take their families there, when the garbage is serious, and a lot of them even object to going in when there is just a reasonable amount of the garbage there. But the principal effect seems to come from the complaints from the hotels. The residential people get annoyed and phone you and object to it and ask if something cannot be done, and to hurry cleaning, and at times your whole department is used, and still it takes a few days to get it away. Well, the residential people will probably put up with that, but you will hear from them quite often. But the hotel owners complain seriously, because their guests are subject to go and they lose— I mean the guests have a more limited period of stay, and they just pack up and go away, and the (832) hotels 258 For Plaintiff—Joseph Mayer, cross. are seriously affected, because the season is short, and their whole business is really dependent upon the beach itself. Because those people who come there, that is where they enjoy it. And when the beach is in that shape, they just will not pay the rates there to have the privileges, and the most serious complaints come from that source. This is a matter of constant complaint every year. It is a general condition. When you get a northeast blow you will get garbage all the time. The garbage is out there, and it all depends upon the direction of the wind whether we get ‘t or somebody else gets it. (The photographs referred to were received in evidence and marked ‘‘Complainant’s Exhibit No. 174’’ to ‘‘Com- plainant’s Exhibit No. 181,’’ both inclusive.) [833] As to having identified names and addresses in the garbage I do not remember the individual addresses, but I have identified, oh, very often, the addresses in New York and Brooklyn, at times a great deal from the Brooklyn end. I have made complaints about this garbage to the War Department, and also to the State through the Senator. The War Department promised us, they have sent telegrams to me several times to watch the con- dition and to advise them as we observed it, and to g2t any information we could, and we did that when- ever it would occur, and in one particular case we sent them the material and the photographic views. [834] We got an acknowledgment for it. They said they were trying to do what they could to bring relief in the matter. Our experience is the same as that of others. We have kept at them since. Our complaints to the War Department did not result in the disappearance or discontinuance of the garbage. On cross examination. We own the beach, but not al) the beach. There is a small piece of the beach near the inlet that is privately owned, und there is a small piece at the other end that is owned by Mr. Wooley, who has the fish pound 259 For Plaintiff—Joseph Mayer, cross. business. The land under the water in front of the beach is owned by the borough. I referred to objects found upon the beach (835) having the names of New York concerns. They were bottles and caus and‘ the like. The item of $2,000 that I testified to is money appropriated exclusively for beach cleaning. That em- braces cleaning off any material that would come on the beach at any time. There are sometimes when ma- terial comes up—quite a lot of bottles, and probably sticks and so on, that will be ts ~ off immediately. The $2,000 includes the daily cleaning of the beach of all materials. I would say garbage alone would take probably much of half of that, or probably near half of it, but the garbage with the bottles would take the great per cent. of it. We are very active on the bottles as well, because we have quite a bit of trouble fre- quently. This year, for (836) instance, we had a first aid squad down there that is called almost daily to somebody who has cut their foot. The part that the borough owns would be out to, probably, what would be low water mark. In parts of our beach it varies from, say, 500 feet back to, probably an average of 200 feet. Inland from the beach we would run back about a mile and a half. This mile and a half does not include West Belmar. [887] To get at that, Belmar itself is like a peninsula. The river runa along on one side, away back to the borough limit, and the ocean is on the other side. And the limitations of West Belmar there—I would say West Belmar would be probably a mile square. West Belmar is a part of Wall Township. And the people from West Belmar come and spend the day on the beach and South Belmar as well. Q. South Belmar as well. I suppose they bring their drinks, like ¢offee and tea and milk? A. There is very little—no, not from West Belmar. There would be none from there. The only time we would have anybody who would bring anything to the beach 260 For Plaintiff—Joseph Mayer, re-direct. would be probably from out of town, and that is very little, because we have stopped on that entirely. Our police department prohibits it entirely, and anybody who is picnicking there is picked up right away. They are not allowed to eat lunches on the beach. [838] Some will eat there on the beach, but occasionally we will pick them up and stop them. This is a borough regu- lation. That has been in force, I do not know how much before my time, but it is in force in my time; that is, since 1924. We always have. been troubled with it. There is always somebody who will go down there and start picnicking, and that is a source of trouble, and we have gone so far as to put containers all along the beach and make them put up their Sunday “ papers, and things of that kind, and we provide con- stant police protection to prevent them and provide con- tainers along the beach. This regulation had its origin in the necessity of preserving the cleanly condition of the beach. [839] On re-direct examination. I am sure this gar- bage I have described as being on the beach could not come from the lunches of the picnickers. They did not come there. Q. Do you have any garbage on Ocean avenue? Is any of it carried onto Ocean avenue? A. Yes, sir. After storms, our beach is high, and we get it cleaned on the street. It goes over to the prop- erty across the street, on private property. [840] It goes inland as far as the Yacht Club. The Yacht Club is a mile and a half up the river. We find it that far inland. We have trouble with bottles and glass on Ocean avenue from the garbage and bottles. We have to gather it up. Bottles and things of that sort float over there. 261 For Plaintif—E. Donald Sterner, direct. E. DONALD STERNER. On direct examination [841] I live in Belmar. I am a member of the Senate from this county. I have lived in Belmar all my life. I served two years in the Assembly in 1928 and 1929. I am in busi- ness in Belmar, lumber and coal and mill-work. I sail.a boat. J have encountered this garbage on the beach or else- where since my boyhood days. In view of the fact that I spent my [842] boyhood days on the beaches, and ex- perienced at different times during my life in my bath- ing—J am a great enthusiast for salt water bathing— have experienced the painful pleasure of cutting my knee on one occasion on one of the broken bottles, and run- ning a nail in my foot on another occasion, on a piece of driftwood, and then, of course, I have witnessed the garbage and the refuse in quantities or our beach. There are dead animals, and the fruit and vegetables and driftwood, and the dogs and the cats and the chickens, and all the other varieties, and of course, included in that I have witnessed on numerous occasions at different places on the whole beach front of Monmouth County which, naturally, I am interested in as a member of the legislature in making inspection of those beaches, and in my subsequent sponsoring of the various resolutions in the legislature in connection therewith, I have ob- served, of course, those conditions and the printed matter, in the form of hotel menus and restaurant bilis of fare; the hotel menus, from New York hotels and restaurants. [843] I have seen articles from Sthurtz Tracking Com- pany, slips and theatre tickets, and articles of that nature. I have been offshore in my boat and encountered the garbage. I have gone out, of course, various dis- tances, but particularly two or three miles offshore is when I encountered it, and sometimes more than that, de- pendent on how far up the coast we went, rather than down in the other direction. I have never been present when I saw them dump it. When I have seen it several miles out there just seemed to be large acreages of 262 For Plaintif—E. Donald Sterner, direct. garbage and refuse floating together and, naturally, sf course, anybody who owns a boat would try to go around those masses. On one occasion I did bend one of the plates of my propeller on a piece of driftwood. | encountered these areas of garbage floating in the sea quite often, especially when the fishing is better up at Seabright, and those districts. You see, sometimes the fishing is better to the southeast, and in that direction we do not encounter it as much as we do in the northeast. It is out in the northeast direction [844] where we find the garbage and where it comes from. I think New York City itself is more in a northerly direction I might also mention, in connection with the garbage and refuse, that I own property on Inlet Terrace in Belmar, situated about half or three-quarters of a mile from the inlet, and on the high flood tide that we get with the northeast storms, I have found bottles and trash, and then some of this printed matter deposited on the rear end of my property on Inlet Terrace. That is about half or three-quarters of a mile up the inlet from the mouth. It also gets on Inlet Terrace Drive. That is a public street. I have seen the conditions referred to by the Mayor on Ocean avenue. I have experienced several bottles getting under the tires. On these northeast storms, they are [845] generally on a flood full moon tide, and with the strength and force of the waves there is a great deal of that. It goes over the bulkhead and over into Ocean avenue, particularly, where the sand is built up. I have even seen some of it go to A street, which is a block from Ocean avenue. Of course, it runs down the gutters, as the street drains toward A street. I have found of the rubbish on Ocean avenue, driftwood, and, of course, the bottles, and of course quite a little grapefruit, particularly. I never realized that there was so much of it used. But they seem to pre- dominate particularly. 263 For Plaintiff—Brazil Woolley, direct. BRAZIL WOOLLEY. On direct examination. [846] I live at Sp Lake. I am in the pound fishing busi- ness. The .-ess is at Belmar. There is an $18,- 000 x $20,0uv investment in our pound fishery. The business has been there, I do not know somewheres along about 28 years. I have been connected with it, roughly speaking, about 18 or 20 years. A pound—some people night call a trap. It is the basis of what we call a weir, that leads from inshore generally out, and there are four bays that gather the fish into that, and behind that there is what we call the pocket, where the fish is led to, and that is where we get them from. That is con- structed of poles driven in the ground, [847] and with nets strung arownd like fences, constituting the entrance and walls of the trap. We have one section which we raise, which is a pocket; we raise it from the bottom, and that brings the fish to the top. They are pulled up; we have what we call a scrap-net, and we kind of scoop them out with this scrap-net into the boat, unless there is a small load; then we can dump them right on deck. As to what a catch amounts to, in dollars and cents, a year, I have taken from the year 1928. We have not made up the 1929, but the 1928 runs around $29,000, and in 1927, $41,000; 1926, $44,000; and from 1921 that goes to $55,000. Those are amounts for separate years. [848] As to men employed in this industry, in the year 1928, we had 23 men; the year 1927, 24 men; 1926, we had 29 men. It runs along about like that. We have en- countered difficulties with the garbage in our fish pounds. A few years ago we used to get fish through a north- easter, and the twine would not be all torn to pieces, and it seems to me every year it is getting worse. The nets are torn more after the northeasters in later years than they were in previous years. And of course, that interferes with it. It used to be so that if you took it after storms you would get better prices. But when they are turned out that way, you do not get no fish, and 264 For Plaintif—Brazil Woolley, direct. the fish goes away. As to what it is that tears our nets, you may call it garbage, crates, and things of that sort; anything with nails in it; especially like bed springs; if that gets into them, that tears them considerably ; things that sort. [849] Garbage and refuse is all together. You see it out there. We have a north current and a | south current, too, with these wind storms, and you | take it on a north current coming down the beach with these things coming in there, and of course the twine cannot stand it. It wipes everything out, and sometimes poles goes with it. I have seen the stuff floating in the ocean. I have not paid much attention to how far out I have seen it, only around the town there. I have never been out where it is dumped. What this damage represents, this damage to nets, ete., each year is a thing that is a pretty hard matter to figure out. The only way we can ever figure on it is like we generally have stuff on hand to fix it up, or patch it up, or something of that kind, and when it is torn out we have to keep [850] on getting it. It interferes with the quantity of our catch, absolutely; there is no question about that. This condition seems to be increasing as the years have gone by, this trouble with garbage and refuse. Of course, it is a hard matter to keep tab of everything in the ocean there. Now, weakfish we used to eatch right along in the summertime. Now, those seem to be diminishing, whether it is from this garbage I do not know. Even this last fall we had practically no weak- fish to amount to anything. And there are other varieties the same way. But I have noticed it mostly myself on the weakfish. The only time last spring it kind of got me very forceably. It was right after a northeast storm, and we were ont there fixing our poles; and I had a little boat there, and I was running around there, and there was a calm came that day, and while I was there you could not help buat noticing it, it was so calm; it was like what we call a mill- 265 For Plaintiff—Brazi Woolley, cross. pond, and you could see the scum and it looked filtay. What I saw [851] was composed of oranges, and all kinds of dead matter—lixe you can imagine; it was chickens and things of that sort out there. Of course, there was not any bulk of it out there, unless once in a while; all along there as far as I could see; different things. I suppose you could get any variety out of bad stuff that you wanted to. Q. What effect does that have on your fish? A. Of course, I have not got anything that I could go right down to catch, but it does not seem to me that a fish could live very easily in that kind of stuff. I know human beings would not*pick out air that was polluted like that water was. Q. Do you see any effect on your amount of catch when this garbage is floating around there? A. Well, of course, it is a hard matter to figure that out exactly. You see, when the fish are there, you catch them, and when they are not there, you do not catch them. And it would be a pretty hard matter to trace that [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386009_0279%3A00. Public record. Not legal advice.