sATtntDA^ovEMBEt ath. ua. f CAPE MAY STAR AND WAVE Page Three

' IMPROVEMENTS ARE REJECTED

C CITY COMMISSIONERS OBJECT TO BEACH FRONT IMPROVEMENT AND LOOSE $17,000 IN RENTALS K It is with sorrow that w record the ! R fact that at the regular meeting of the I,- . Commissioners of the city a new proposition presented by the Cox Theatre interests for the lease of a portion of the city's unoccupied land on the beach front, was -• voted upon by the Commissioners without giving the people any opport tunity to be heard or of knowing what the new proposition is like. We are H publishing it in full in this column. L. E. Miller was present and so far as we know, no other citizen excepting the Commissioners. The vote was, Sheppard, no; Melvin, no; Wentzell, yes. * The new proposition removes every objection which was made against the old and is as fair and advantageous to fc- t' • city as it could be made. The , . jjAe of this city want it accepted, ith all of the safeguards which are found to be necessary by the legal department of the city's government, but they want it accepted. We have been clamoring for additional amusements and our visitors have been de- , manding them for years and the first opportunity which occurs to obtain them should not be lost. The .Commissioners are representatives of the people and should respond favorably to a desire of their constituents which is so cleaJy evident as tlys. No reasonable objection has been offered by anybody. Mr. Charles H. Edmunds, who represented the opposition at a meeting a month ago, evidently discovered afterward that his information was not complete and after further investigation, wrote a letter, a copy of which is printed in this column, in which he reverses his previous opinion and advises the acceptance of the proposition, upon the lines covered in the new presentment. The people have, at least, a right to be heard. Autocratic rule is no more popular in this city than Tuesday's election has proven it to be in the country at large. . When Commissioners are elected it is not to give them a fee simple title to all of the city's interests, but to secure executives who will "carry out the desires and intentions of their constituents. September 29, 1920. To the Honorable The Mayor and Commissioners of Cape May City, N. J. Gentlemen: I do not wiah to be understood as : opposing the erection of any improve- ■ ments on the beach front owned by the , City of Cape May, which in the judg- 1 ment of the Commissioners and citi- < sens may be deemed of advantage in i promoting the best interests of the < city. I am not now nor have I been 1 disposed to contend that no other im- < ppovements than those heretofore I made shall be permitted. It is al- t ways to be remembered that Cape < May -City is a Summer Resort and i that its patrons naturally anticipate < adequate entertainment and the ad- « vantage of up-to-date amusements i and entertainments. c I was influenced in opposing the i proposition submitted by Mr. Cox and < which was considered by you at your i meeting of the 28th inst, not because r I am opposed to the erection of a 1 building of the character mentioned j in the proposition and to be used for ( the purposes therein set forth, but by reason of what seemed to me to be f the inadequate protection of the in- I tercets of the City, as contemplated i by the proposed agreement. c It may well be urged that a theatre r with a seating capacity of 1800 or f 1400 is a proper improvenjent for j place on the City's property and at the 1 location designated in Mr. Cox's pro- 1 position. We may of course assume that the proposition was submitted in t ■entire good faith and that if a lease t is- entered into between the Commis- c sinners and the Company Mr. Cox t speaks for its terms will be observed. F Perhaps the Commissioners in the t -discharge of their important duties e may deem it prudent either by a com- * mittee of their own appointment or r -through the City Solicitor to confer t with Mr. Cox, looking toward the mak- c ing of an agreement fair and pro tec- ( tire to the interests of all concerned, c Sorely any one assuming the respon- p sJbibty of spending $85,000 or up- ( wards upon property, the title to which is in the name of the CHy, may t reasonably ask for proper safe-guards j against the eeafiacatioa of his iauaet- , ment. At the aaarn time in my 1 J M I * to unwise for the City to ( mtoaie tt» authority ever any property f

: T IT 8 'ease is to be made between the 5. City and M r. Cox or the company for S which he is the authorized represent ative it would seem to me that the following points should be carefully e covered: e (1>* An adequate rental. By that a I do not mean one that does not give y the lessee a fair chance to realize a ,r proper return upon his investment ,. Also he should not be required to as,s sume alL tJie risk without a chance to ■s reap a reasonable profit As to the rental, it should cover any ,t additional fire insurance which the e presence of the new structure play imi. pose upon.t'he buildings owned by the s City and 'immediately adjacent to the g. proposed new building. During the j, running of the lease there need be no |, difficulty in ascertaining whether or not the new improvement has increased y the fate of insurance charged against e the /present buildings. 0 (2) In addition to the rental or as e pa rt^ thereof (if the lessee is exempt 1, from taxes by reason of the fact that e the improvement would be made upon 1 land the title to which stands in the name of the City) the lessee should e pay a sum which fairly measures the . taxes charged upon the assessed value :. of the improvements made by it. It t would not seem to me to be fair .o a other amusement interests or to the - tax payers in genera^ that the lessee e should "have an advantage in this re-" y gard, and I understand that Mr. Cox i is not asking for such advantage. . Doubtless he will be willing to have y such a provision incorporated in the ;, lease. i As to the. amount of the rental it - may seem an act of presumption lor . me to offer any suggestion. I did say : - at the meeting that the amount offered i was totally inadequate. Mav I offer . s this suggestion? Could not a rente < . be agreed upon whereby for each year , - of the lease plus a minimum rental ; i (m addition to the assumption by the ; . lessee of added fire insurance pret miums and taxes) the lessee would ; > agree to pay to the City a percentag? i . of its gross receipts? Such percent- i j age of course tobe perfectly fair and ) - reasonable and the lessee given the : ; benefit of the doubt so that he or his i ■ company will not be assuming all the i . risk without the hope of an adequate 1 i return upon the investment. i (3) As to the theatre now leased 1 by Mr. Cox, which lease he proposes to surrender and accept a new one 1 for a period of five years, it would ' seem to me that upon its termination ' the City should have the right to re- < lease the premises to such party or ; person and upon such terms as it may I deem expedient. 1 i (4) I think it would be a fatal mis- ' take for the City to give to Mr. Cox £ or to any other company an agree- 1 ment whereby it restricts its right'to « the balance of its ocean front I as it may deem advantag- c eous. At the same time I can readi- 8 ly understand why anyone proposing 1 invest a substantial sum of money I any part of the frontage should 8 ask the City to guard the investment against undue competition. But to 8 enter into a binding agreement cover- F ing. not only the tract leased but all 8 of the remaining unimproved frontage 8 as I view it asking the Commission- 8 erg to do that which even though hav- 8 legal right to do should not be done. If the privilege asked for in s Mr. Cox's pro|>osltion is to be the sub- 1 of further consideration and s eventuate in a lease to him or his as- u sociates, while the right should- be reserved to the City to use its own c property as it deems it wise to do, it * would undoubtedly be unfair to en- V courage other improvements F>erhaps P not needed for the entertainment and u amusement of the public and which if made would result in doing serious b injury to the investment of Mr. Cox is and those concerned with him. 0 In this connection it would also seem e me that if Mr. Cox should be given * the. privilege of erecting the building * contemp]ated~by--hjF proposition knd a using a part thereof for store purthe uses to which the stores are t: be devoted ought not to seriously 1 embarass the vested interests of those b who are now the tenants of the City ° in the stores connected with Conven- ® Hall. In other words in en- P raging improvements upon the City's ocean front holdings the rights f of everyone concerned should have the 8 proper and careful consideration of the a City. * (6) A lease executed for a term of twenty- five years commencing with *1 January 1, 1921. would not terminate h until January 1, IMC To any the 8 ihis is an exceedingly long term. course a prospective leasee, pre T pared to oxpond a largo sum of moniy * ■pan Mm City i property wanW not c

and should not be expected to submit to the terms of a toaae.aijuang ,to ,thn City the right to arbitranf^ermihate (it and thns destroy the value of the lessee's investment. Perhaps this question if it should arise hereafter may be met by having the City re - serve to itself the right to terminate e the lease, after the expiration of a r ^iven number of years, on six months' or other reasonable notice, to the e lessee of its intention so to do, and to y pay to the lessee as it*. reasonable damages a sum representing the then 1 market value of the plant and prope erty of the lessee. Such value to be 8 reached by three appraisers duly quai- - ified, one to be appointed by each of the parties and the third to be chosen 0 by the two thus appointed. The decision of a majority to control in fixy ing the said value. E I hope 1 will not be deemed guilty of presumption in thus indicating my e views to you. Be assured that I have e no interest whatever in any party or e person directly or indirectly concerned 0 in the matter which was the subject r of your most careful consideration at • the meeting held on th'e 28th inst. I 1 have no interest other than that of one who loves the place 'of his birth, 5 and is concerned in its present and ' future welfare. ' .1 am assuming the privilege of 1 sending a copy of this to Mr. J. P. s Cox. Sincerely yours, ® (Signed) Charles H. Edmunds. t Cape May, N. J., October 28th 1920. > To the Board of Commissioners of the s City of Cape May, N. J. : Gentlemen: ■« We Are desirous of leasing from the : city, all of that certain lot or piece of . land belonging to 'it, situate on the : ocean side of the boardwalk, on Beach ( Avenue, and described as follows, to wit: ■ Beginning on the southerly side ■ line of the boardwalk at a point ten ' feet eastwardly from the intersection 1 of the said boardwalk line with the ■ easterly side line of Guerney Street, extended, and running from thence ■ eastwardly, along said boardwalk line, I seventy feet: thence extending in a : soj^herly direction and at right angles • tp the said boardwalk line, between 1 parallel' lines, and of the said width ? of seventy feet, one hundred and • thirty-five feet. Containing nine 1 thousand four hundred and fifty i square feet; for the purpose of erecti thereon a theatre building, con- ' taining two stores abutting on the boardwalk, and for that purpose herewith submit the following proposition: (1) We desire the lease for the of twenty-five from January 1st, 1921; it's execution, however, to occur immediately upon the acceptance of proF>osition as herein made. (2) At any time subsequent to a period of ten years from January 1st, 1921, and on six monhts' notice in writing, the city may purchase the said theatre building and its equipment. The price to be paid shall be arrived at and determined by five appraisers; two to be nominated by the city; two by us, and the four thus selected to select a fifth. Tljp determination of the appraisers shall be and conclusive upon the city and upon us. (8) As rental of said premises we to pay the city the sum of $500 annum for the first ten years of said term: $700 per annum for the succeeding ten years and $1,000 per for the remaining five years of said term. (4) The buildings on the said land shall be assessed for the purpoes of taxation in accordance with the statute, and we agree to pay the tax ' same. (5) The stores proposed to be lo- : cated on the board walk side of said theatre building shall not be used for purposes that would conflict with the for which the stores located upon the City Pier are now used. (6) The proposed theatre will seat 1200 and 1400 persons. It intended to commence the erection , of said theatre immediately upon the ! execution of the lease, and have it ; ready for use about June 1st, 1920. . It's cost as near as can be ascertained ■ at this time, will approximate $35,000. (7) We agree to operate the from July 1st, to September in each year, and present no entertainment of any nature that is not . of high grade. The buildings themselves shall be maintained and kept as < presentable as the City Pier. , (8) The sale of said buildings, or assignment of the lease for said . ground, shall not be effective until approved by the Board of Commissioners. (9) With the consent of J. P. Cox. , the persent lessee, which consent is j signified by .the affixing of his , signature hereto, "the city may cancel , his present lease for the City Pier , and. in lieu thereof, execute and Mirer to the Palace Theatre Mr a period of twenty-Are j e

jt years from January 1st, 1921, a nowj ™ ^"EWtir^sSlir oraSsu ie' TeaseT if executed, may be canoelled b is us if the city makes purchased of tb »r proposed theatre building as set ou e. in Article 2. te (10)The above mentioned lease, i a executed, may be assigned or trans s' ferred with the consent of the Boan te of Commissioners. 1® (11) It is understood that the cit; I® will not, without our written approval ■n lease or sell any of its present hold ?• ings of beach front property for mov >e ing pictUfe exhibitions or any othe '■ theatrical amusement purposes; no: >f conduct the same for its own benefit n This restriction, however, shall no apply to occasional entertainments fo: c charitable or beneficial purposes or tb entertainment of conventions meetinj y in the Convention Hall. • (12) The proposed theatre build e ing shall conform architecturally t< "J the present (Sty Pier and the plans for its construction shall not be proceeded with until submitted to and approved by the Board of Comroi$sion1 ers. ,f Respectfully submitted, The Palace Theatre Company. d By J. P. Cox. • IN MEMORIAM In loving memory of our dear son and brother, Clarence H. Lovett, who s' departed this life November 7, 1918. j Once our home was bright and happy; e Oh, how sad and dreary today For my dear and darling boy, Has forever passed away. e Friends may think I will soon forget him, e And my wounded heart be healed; k But they little know the sorrow, 0 That lies within my heart concealed. Dearly loved and sadly missed by e Mother, Brothers and Sistere. n jjjcfi_20_lt_1872 . " ENTERTAINS ON t, FIFTEENTH BIRTHDAY e — — !, Miss Catherine Bell an gy entertain8 ed a few friends on her fifteenth birth8 day Tuesday evening. Those present ' n were: Marion and Anna Stetzer, h Ruth Hines, Edith Wales, Sara Lumd mis, Frances Stevens, Mabel Bennett, ® Jean Walters, Bertha Eldredge, Mars' garet Douglass, Dorothy, Catherine - and Elizabeth Bbllangy. * HEAYT BURDEN A Bad fiack Make* Life Mlaorebla e For Many Capa'May People. A bad back is a heavy burden, r A burden at night when • bedtime f comes. Just as bothersome la the morning. Ever try Doan's Kidney Pille for it? 1 Know they are for kidDey back- • ache — and for other kidney ills? j If you don't, aome Cape May poo- > pie do. Read a case of it: Mrs. Mary Graham, 606 Broad 8t-, ; Ctape May. says: "I used Doan's - Kidney Pills when my kidneys trou- » bled me a lot I had dull backaches j and became so run down I couldn't . ' do my housework. I had such dizzy • spells I couldn't walk straight and : mg kidneys acted irregularly. 1 need • Doan's Kidney Pills from Ware's Drug Shop and they were Just what I needed. They soon had my back ! free from the aches and paing and • my kidneys didn't trouble me." J Prcs 60c, at all dealers. Don't . simply ask for a kidney remedy— ge*. \ Dean's KHney Pills — the same tha' Mrs. Graham had. Foster-Milburn Co.. Mfrs.. Buffalo, N. Y. I GUNNING FORBIDDEN 1 r A = 6n premises of Jos. Stites, Samuel 1 : Taylor and Hughes Estate, under J penalty. Please do not ask for special privileges. I J*s. Stites, Samuel Taylor. i 10_80.2(J_3t- 1798 1 . NOTICE TO GUNNERS ' All persons are fotbidden to trespass with dog or gun on any property : in Lower Township owned or leased - the undersigned. AH trespassers will be dealt with according to law. 10-30- 20-4t 1798 Frank Rutherford. NOTICE All persons are forbidden to treswith dog or gun on any of the , property of the subscriber in Lower Cape May County, New Jersey. 10-19-20-3t-1717 Richard Campion. NOTICE TO GUNNERS All persons are forbidden to trespass with dog or gun on any of the property of the late Emlin Phvsick, either in Cape May or Lower Township. All trespassers will bv delt with according to the tew. SAMUEL F. ELDREDGE. Atty. for Erelte Pfcysk Estate 1 5-1920- tf-1949 ■

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8 Photo Intorasttonal - Nov, East Relief Workers Distributing Bread to Newly Arrived Armenian Refugeee In Conetantlnople. The Constantinople district of the Near East Relief Is wonderfully organized. All the bakeries which formerly supplied the Turkish army, under German management, have been taken over by the Neai East Relief, and . 20.000 loaves of bread are baked and distributed daily. Placed side by side, these loaves would make a line 280 miles long, for the five months that the Near East Relief has operated Ita consolidated bakeries In Constantinople, alone. The Near East Rollef, with offices In every state, te asking for funds to go oo with this work.

> ' gf. STATEMENT OF THE CONDITION OF SECURITY TRISTCO. Soathwett Corner Washington and Ocean Streets Cape May, N.J., Ji me 30, 1920

RESOURCES. ! and Demand Loans, $1,966, 004^6 Bands and Mortgages, 286.756.89 Stocks and Bonds, 1,824,864.48 Overdrafts, 78.58 RaTiirrwg Houses,, Camden, Gloucester and Cape May, 128,000.00 Revenue and War Stamps, 442.48 . Cash and Reserve, 867,595.40 14,558,785.54 > I )

LIABILITIES. 3 Capital $100,000.00 J Surplus, 200,000X0 3 Undivided Profits, 84,091X0 3 Deposits, 4,217,6U14 Dividend 7,000X0 I $4X58,785X4

Ssfety Deposit Boxes for Rent in Burglsr-Proef Vaults. Three Per Cent. Interest Allowed on Time Deposits. Wills Drawn and Kept Without Charge. Acts as Administrator, Executor, Guardian or Trustee. ADVISORY BOARD auiiau UIV I DUAKU

J. Spioer Learning, Chairman. Aaron W. Hand. John H Huffman. Albert G. Bennett. Dr. Wiloon*ML Lake

Henry C. Thompson, Sec. Sherman S. Sharp. Dr. V. M. D. Marey. V. Carl ten Hildreth. Richard K. Reeves.

R. M. WENTZELL 88 PERRY STREET F PNTTTJRE BEDDING RUGS LINOLEUM Estimates on All Kinds sf Furniture will be furnished prosody* Keystone Phone. Goods Delivered.

Electrical Contractor INSTALLATION OF MOTORS MAKING A SPECIALTY OF STORE AND WINDOW LIGHTING A. D. REEVES IC«>Ue»« Phon. 809-D3 CAPE MAY, N.J FRANK ENTRIKEN & SONS Central Garage AUTOMOBILE REPAIR WORK EXCELLENT EQUIPMENT FOR RAPID WORK— CARS STORED— CABS HIRED DAY OR NIGHT— ALL KINDS OF AUTO SUPPLIES. Agents for the Fairbanks-Morse Gas and Oil Engines. KEYSTONE 1-96A BELL 12-W SIN USB FOR MORE THAN 40 TEARS* A Triad and Ptovsn Bansdy (or ASTHMA AND HAY FEVER TnatafilbntlUi ffsel In nslissStos NaftknpALmuCa.b&.Buf&laklt.T. Itos—brtBPte Advertising in the Star and Wave brings Big Results