The Evening critic., 1882-10-28
FRANK X. Wards ANSWER


bnrItic Citizens. who can't Get
Rest on Account Of the MIX Busi-
ness and Other MRuufactories-rhc
Rise and Progress of the Aiderney
Dairy.
MIR. Frank X. Ward this evening nlod his an.
swcr TO tho bill OF complaint OF Mr.. Charles
Walter and others, through his attorney, Mr..
H. Ross Perry. He admits that he ls tho occu.
pant OF promises Nos. lt2, Al and i1G Third
street northwest; that in the prosecution Of
his business he keeps upon his promises large
quantities OF mllk, cream, buttormilb, butter
and cheese, but donles that he all ows any por-
tion thereof to there remain until IT becomes
stale or sour or greatly injurious to health,
or In any manner offensive or Injurious. He
aiso admits mat tho manure proceeding from
his horses 10 also deposited upon tho prom
lses, and he ayers that II Is kept and deposited
In covered box, connected with n tall, vcnt-
lating chimney or shaft especially designed
and constructed by him for that purpose ut a
great expense. He denies that the box Is over
nlied TO repletion, but AYERS that when prop
cry illed the contents Is removed with care,
as he Ia prepared TO prove by the testimony OF
many and credible persons, who have from
time TO time visited the promises.
He admits that In tho operation OF his busl.
ness ho makes uso OF machinery. He uses q
windmill, the operation of which Is almost on
tirely noiseless, for tho purpose OF pumping
water Into n certain reservoir which ho has
upon the upper part OF his promises, In order
that he may have constant and abundant
buDply Ol pure water kecplnp inc promises
clean and free from dirt
He admits that he uses small six.horse
power engine for the purpose OF churning and
cutting hay but that IA not in constant use.
on the contrary, II is used between tho hours
OF 10 n. IN. and y. m. He denies that the en-
gine or any of the machinery is ever used at
night Tor any purpose. on ono occasion, In
case OF an emergency, the engine was used at
night, but even then II was done without his
knowledge ana contrary TO his orders. He de-
nles that the operating of the engine or the
machinery connected Herewith is accom-
panied with great jarrlng ana humping or
with loud noise of any kind and he Is pre-
pared to prove that the noise is 80 slight as to
be lnaudiblo outside OF tho promises. Ho do.
nies that the tin cans, throughout portions OF
the day and night, are dragged with great din
and resounding rattle about the promises anl
TO and from the wagons. on tho contrary, he
AYERS that tho cans are handled with care, and
he has
Instructed His Employees 10 Use EN-
traOrdinary Care
in handling them. lie has boon informed
that the complainant, Charles Walter, has pub
licly stated that since the filing OF the bill his
grievance has almost entirely been removed.
He denies that his business or the manner OF
conducting It Is TO the great discomfort OF all
or y any persons being be- In the vicinity, or OF the
by him In business Is hauled TO his promises
In one large truck, having capacity OF $50
gallons, which is drawn by two horses. There
Is no gong or bell OF any kind connected with
the truck or with tho horses, and Its move
ments cause no greater noise than attend that
In Is then transferred to the cans, and any re-
naming is placed In pure and clear
receptacle. The milk placed in tho cans, or
so much as may bo required Is served directly
TO route customers. The milk brought In at
night Is served the next morning, and no milk
ever remains 81 hours on tho promises. At 8
O'CLOCK In tho morning gong is sounded once
ana once only, as signal for the drivers and
and wagons TO be In readiness TO start upon
,helr respective routes. The gongs upon the
ises. They are designed to call the attention
OF route customers to tho arrival OF tho wagons
In front OF their residences and 1t is not In
tended or contemplated that they should be
struck ON the defendants promises, and II they
are so struck 1t is only by accident.
The horses are harnessed to the wagons and
the cans filed with milk and placed upon the
wagons and all are driven forth upon their
respective routes. Two of these wagons re-
turn between 8 and 10 a. m. and rcmain there,
the remainder return about p. m. The
horses are then embarrassed and stabbed and
the cans removed from the wagons and any
milk remaining in tho cans Is poured at once
Into the cheese watts and subjected to the i'm
mediate process OF cheese making. All of
these operations are conducted with care and
the least possible noise, and ho believes that
IL the complainants ever had any cause of
complaint In these respects the same have
been removed.
With respect TO the alleged boisterous and
Indecent conduct of his employees the defend
ant says that ho resides upon the promises
and has observed mono of II. 1t would be I'm.
possible for him TO succeed as he has done In
building up from nothing, as u starting
point,
n business of the Present MagaI.
tude
which his has attained, without the strictest
discipline and habits, both on his part and
those OF his employees, OF great order and regu-
larity. He would at once discharge any of his
employees who were guilty OF any disorderly
acts upon his premises. With respect to the
allegation that his employees congregate In
front OF his promises, especially upon Sunday,
and annoy and insult passers by, he must be-
iieve that 1t has thoughllessly and needlesslY
been made.
HIS own wife and children 1.-Two upon tho
premises and no would not permit any one,
certainly not men under his control, to be
guilty OF misconduct of this kind, nor does he
believe that the police authorities who could
furnish the complainants with a full, COM
plete and adequate remody, would permit
such sue , conduct IT, TO- 60 nnpunished, Ho denies
would peremptorlly discharge from his en-
ploy any one guilty OF any act OF disorder
upon his premises. He denies that the con-
duct and prosecution of his business and In
the manner In which 1t Is conducted constl-
tutes nuisance or is source of injury to
soeyer or that 1t destroys tho rest or dimln.
ishes to any appreciable extent the comforts
OF life OF those living In the vicinity. He do.
nfe5 the legal averments that the complain
ants upon the showing made by their bill havo
not full, complete and adequate remedy at
law, and he prays the same benefit from the
he would have upon demurrer filed.
Answering More Fully and Gener.
ally,
he says that In the year 1875 no was an em-
ploye of the general Government In tho De-
partment OF War, at an annual salary OF ST.
200; he had, moreover, accumulated from his
savings about ~ 800. Feeling that tho hope.
less routine OF clerical duty In n public do.
partment .arorded no scope for the energy of
which he was conscious, and, dosirous OF active
business pursuits, he cast about him for an
opportunity for embarking In some industry
which would promise TO be remuneratlve. He
had frequently heard complaints from house,
keepers OF the poor quality OF milk furnishe1
them for domestic use and OF the difficulty of
procuring oven that clean and sweet. Ho re-
solved that he would endeavor to remove this
cause OF complaint He found ina basement
room on tho north side OF l. street, near Sew
enth street northwest In this city, q small
dairy which was kept by a countryman who
had established kind OF lunchroom where
clerks OF the Postof1lce Department and some
few others came daily TO enjoy glass OF pure
milk II struck him that here was the open.
ing that he sought, and here commenced tho
"AIderney Dairy
He was ablo to purchase only one horse and
wagon, which he himself drove. He slept
upon tho premises for two years, doing his
own cooking, washing his own milk cans and
himself driving his wagon during that tlme.
During the first seven months he lost from
$40 to $50 each month. Still he was not dis.
couraged and persevered In his undertaking.
Then the tide turned. People began to ind