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title: 'The morning times. (Washington, D.C.) 1895-1897, August 09, 1895, Page 6, Image 6',
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THE TIMES, FRIDAY, AUGUST 9, 1895.
7th and D Streets.
I WASH. B. WILLIAMS, 6
I 7-th and D Sts. jf
RECOKD OP THE COURTS.
CriminalConrtXo. 2, Justice Cole William
King, housebreaking; recognizance taken;
Wm. A. Hawkins, surety.
Circuit Court No 1, Justice Cole The
Werner Co vs. Washington News Co.; judg
ment by default. Cooper vs. District of Co
lumbia; judgiucntin certiorari. Brutnt) vs.
ERnie; same decree. Couglilau vs. same;
Circuit Court No. 2, Justice Cole Mott
Iron "Works vs. Euepherd; judgment by
doraulL Kaddaivay vs. Abraliam; same
decree. Swindell Bros. vs. Lavoii and
others; same decree. Barbour vs. Gibbs;
Probate Court Proceedings in estates
have beeniocorded as follows Frederick
"Wnyte; wiHdaUMLUeceraber 12, 1892. nam
ing Mary K Wtiyte executrix, filed Al
fred "Wallace; Isabella Wallace qualified
as atlmiui&iratrix -with the will annexed.
Realteu P. Porks; notice of claimants
agaiut ebUUefiled Chas.G. Stone.gunrd
la; lwtltfon of Subannah Jones and order
of appointment; bond, $10,000. B. F.
LeighUHi, guardian; bonded. Ilosina Deck-man-
Schmidt; aseut of next of kin filed.
llHMfie C Taylor; inventory of personal es
tate. $1,4-16; money, $732.01, filed. Thom
as Gaskinv, will proved.
Equity Court, No. 2 Justice Cole. Shea
ve. Shea; and others, auditor's report f inally
ratified and distribution ordered Ilanna
vs. Pondleton and others; order of reference
to auditor. Perry vs. Beinfels and others;
appearance of absent defendants ordered.
Donovan vs Donovan and others; decree
for 68lc and appointment of Henry P. Blair
to mak1. In matter of John Douglass,
lunatic; ordor allowing counsel fees to
Thomas S Hopkinsand order allowing $250
to Rachel Wnsht and reference to auditor.
Stearns vs. rite wart and others; appearance
of absntdefendautsordered. Harrisonvs.
Holtzman; ordr discharging rule to show
causo. "Washington vs. "Washington; tes
timony before examiner ordered taken.
Burke vs. Burke; same order. Strain vs.
Farquhar; order ratiryingsalenlsi. Wlweler
vs. Canrnld and others; order directing trus
tees to invest fund. Giuliani vs. Guiliani;
testimony Iwfore examiner ordered taken.
Quiun vs. McCarthy and others; order
finally ratifying 6ale and reference to
Ileal Ebtnte Transfers.
Deeds in fee have been recorded as fol
io ws: Charles W. Clagett to Basil B Earn
saaw, lot 8, square 603, 475. Albert T.
"Whiting to John F "Waggaman, part of
lot 5 and lot 6, square 48, $10 Elizabeth
E. S. Blodgett to Sarah E. Robinson, lot
23, square 304, $7,500 Mary It. Henry
to Sarah E Robinson, lot 22, square 304,
$7,500. Minnie F. Wnrfleld to Sarah E.
Robinson, lot 10, square 304, $100. "Wil
liam T O'Kle to Armstead Bond, lot 34,
block C, Ivy City, $1 Sumter Lea to
"William T. O'Kic, lot 34, block G, Ivy City,
$50. George N Beale to Mary C. Blundon,
sab-lot 29, block 8, Bloomingdale, $1,100.
John II Cassin to Armstead Bond, lot 34,
block 0, Ivy City. $1 David Moore to
Domris C. Shea, lot 18, block 18, Mount
Pleasant, $10. John T. Arms and others
to David G. Dixon, lot 19G, square 1029,
$3,125. Amanda A. "Wall to Isbcll I.
"Wall, lots 4, 0, and G, block 17, Effingham
Place, $3,000. Amanda A. "Wall to Mrs.
Helen Easton. lot 9, block 19, Effingham
$1.25 to Halt imore and Return $1.25
via B. i O. 11. It.
Eatordav and Sunday, August 10 and 11.
HERE'S THAT TOUNK that we
$5.75, and save tou fully a
dollar. It's a solidly built
affair that will be as good five
3ears from now as it is the
day you first check it. Really
for a 11
jj" i' Ktsxii, , t irz'fjn
DIDI'T GET OFF
Judge Cole Sustains the Juris
diction of the Police Court.
HABEAS WEIT NOT GRANTED
Lower Court, tlio Decision Says, Has
Paramount Authority and ItH Ac
tion Not Reviewable bj' the Hljrhor
Tribunal Appeal Talcen Not Cor
tuin What Conimit-hlonerh "Will Do.
Judge Cole yesterday morning dismissed
suit of William K. Schoepf, superintend
ent of the Ecklngton and Soldiers' Home
Railway Company, for a writ of habeas
corpus from the police court, where he is
now under sentence for violating a city
ordinance by the unlawful occupation
of government property.
Mr. Ridout, his attorney, gave notice
of an appeal, and unless the court of ap
peals reverses Judge Cole's decision the
sentence of the lower court will be in all
probability carried out.
As superintendent of the railroad com
pany, Mr Schoepf was arrested for vio
lating an ordinance of the late corporation
of Washington, passed November 22,
18G2, by occupying New York avenue
with trolley poles and wires. He plead
ed not guilt j, was given a hearing and
convicted He was then given his choice
of paying a fine of $25 per day for each
day's continued violation of the ordinance
or a sentence in the workhouse.
By the advice of counsel lie chose the
latter, and sued for a writ of habeas cor
pus, releasing him from the custody of
the workhouse officials, on the ground
that the ordinance under which he was
sentenced was void. Pending the hear
ing and decision of the case in the supreme
court of the District he was admitted
to bail in the sum of $500. Mr. Stephen
Talty acted xis his surety.
JCDGE COLE'S OPINION.
Judge Cole took the matter up the first
thing after court convened in the morning.
Mr. Ridout, for his tlient, and Messrs.
Thomas and Duvall, for the District,
were present. All of the lawyers around
the courthouse gathered In the room, and
Mr. Schoepf himself came in as the opinion
was being completed.
"The first question In this case," said
Judge Cole, alter briefly alluding to the
nature of the cause before him, "is that
of the authority of this court to review
the proceedings of the police court. The
Supreme Court of the United States lias
passed on this matter and shown that this
court cannot pass on matters where the
police court has bad jurisdiction and has
passed on the same matters. It cannot
review the police court proceedings.
"The petitioner, in his argument, held
that the police court was without au
thority to enforce the ordinance, on the
ground that the District of Columbia can
not maintain an action in its own name for
obstruction of streets that belong to the
Government of the United States, and
which latter alone has authority to bring
huch action. His attorney cited cases to
show that-the Government of the United
States alone had this right.
"The question, therefore, Is whether the
right Is exclusively in the country's Gov
ernment or whether the District may not
alio bring action. I hold the latter to be
"The act of 1871, section 77, which the
Revi.ed Statutes afterwards repeats , gives
the board of public works the right to make
all necessary regulations to keep In re
pair the Btreets, avenues and alleys of
TWO PRECEDENTS CITED.
"In two cases the United States Supreme
Court construed the act and said in both
cases that the Commitsloners have full con
trol of the streets and arc under duty to
keep theni in repair, and that they are
liable for damages for any injuries or acci
dence resulting from the presence of the
"In both these cases they were the
Barnes case and the Woodbury case the
superior court carefully studied the matter
and only reached the conclusion given after
long deliberation. It must follow then that
the Commissioners have authority to keep
the streets in a proper condition, or the
liability for damages could not stand.
"May the power of enforcement of
their authority be exercised in the police
court? is the next question. Congress
has cnaclcd that the police court shall
have power to consider cases under the or
dinances of the District of Columbia.
"The law under consideration is an or
dinance of 1862, and it follows, then,
If the ordinance itself is valid, the police
court has the power.
"It was contended that the ordinance
was invalid for want of authority of tho
city council to pass It. This point was not
vigorously contended, however, for ob
vious reasons. Not only had the council
authority by an act of Congress of 1848,
but the statute of l891adoptsand continues
In force its laws.
DEFECTS OF THE LAW.
"The petitioner also held the ordinance
to be void for uncertainty, because it does
not 6peciry with sufficient clearness the
penalty Inflicted for its violation. Cases
were cited by him. On the study of these
cases I find In every instance that the or
dinances proved unavailing, not because
of their own irregularities, but because of
defects in the municipal charters under
which they were framed. The ratification
of Congress, however, removes all objec
tions. "Stress was placed on the argument that
the ordinance was unreasonable. It is cer
tainly extreme lauguage, and a literal con
struction would prevent a person from even
walking in the 6treet. But all statutes
must be construed reasonably, and I under
stand this to mean that no one person shall
use tho Btrcet for any purpose which any
other person may not use it for.
"I think, therefore, the ordinance is
j valid, and the police court has authority
in tue case.
"Whether the petitioner was guilty or
not lies wJth the judge of the police
court, and this court cannot, even if it
desired, remove him from custody. Whether
the continuation of the poles in their places
pending the hearing of the suit brought
by the District against the company and
now in the court of appeals is such a public
grievance as would come under the ordi
nance is in the discretion of the Commis
sioners. "It follows that the suit for a writ
of habeas corpus be dismissed."
Mr. Ridout gave immediate notice of ap
peal. The appeal bond was placed at $100
and the continuation of the recognizance In
the sum of $500 oidered. Mr. Talty was
continued as surety.
SALE WAS STOPPED.
Glen Echo Railroad Not Put Up at
The sale of the plant and rolling stock
of the Glen Echo Railroad Company, which
was to have been made yesterday at 2 p.
ni. at the junction of that road with the
Georgetown and Tennallytown Road.Avas
estopped by a temporary injunction issued
by Judge Lynch, of Montgomery county,
Md., at the instance of Balsley Bios., of
Philadelphia, representing a majority of
The bill, which was filed with Judge
Lynch in chambers, asks that the sale of
the road be deferred until the rights and
amounts due all creditors be definitely
The petitioners, Balsley Bros., arc rep
resented by Lawyer John Ridout, and the
original creditors, the Westiughouse Elec
tric and Manufacturing Company of Penn
sylvania, by Mtssis. Hamilton and Colbert,
of this city.
The action of the complainant in waiting
until the last hour to sue for an Injunction
was quite a surprise to the parties at this
end of the line, as the sale was advertised
loriuorethan thirty daya.
Messrs. Hamilton and Colbert will
within the next few days appear before
Judge Lynch at Montgomery to show cause
why a permanent injunction should not be
ADMIItAL AJDIBN'S ILLNESS.
Seized With Vertigo While ut the
Rear Admiral Daniel Ammen, a well
known retired naval officer, who iuvented
the new ram, Katahdin, had an attack of
vertigo yesterday at the Navy Department,
where he had gone on business.
The attack was severe, but Admiral Am
men recovered sufficiently to be removed
to his country home at Amraendale, Aid.
He is seventy-ffvc years old but still
vigorous, although he retired from active
service seventeen years ago.
HA HON IIICKEY'S CnANCELYLOR.
Stat oDepnrtment Of flelnls Nonplused
hy 111 Appeiirunco.
The Count de la Boissiere, grand chanc
ellor of the unrecognized government of
Baron Ilardeu-Hickey's Island of Trinidad,
sent a note yesterday to Mr. Adee, the Act
ing Secretary of State, asking the honor
or an official Interview.
Mr. Adee was somewhat nonplussed by
the request as the department knows noth
ing officially of the Trinidad's government.
Up to tho close of official hours, when
Mr. Adee took a train for his country
home, he had not sent an answer to the
The St. Mary's Church picnic came off
yesterday in the grounds ofihe church In
Prince George county, and proved a de
John II. Brooks, a colored boy, was ar
rested yesterday on the charge of assault
ing Stephen Starkweather, son of George E.
Starkweather, the inventor of the new
rapid transit Idea being constructed on the
The regular meeting of the Anacostla
Citizens' Association is scheduled to take
plaoe to-night in Haines' Hall on Harrison
Mr. and Mrs. Merrick, of Good Hope, left
yesterday for Colonial Beach, where they
will spend a week.
Miss Helen McCaffrey, of St. Elizabeth's
Heights, has returned from a short visit
to relatives in Norfolk, Ya.
Incorrigible Sam Banks.
Policeman Sprinkle, of No. 1, arrested
Samuel E. Banks, fourteen years of age,
last evening on complaint of his father,
Samuel Banks, sr. The complaint Is in
corrigibility. Young Sam has been in
the habit of running away from home and
going with bad company. The father
wants him sent to the Reform School, or
tnrned over to the board of guardians.
Work of the Petty Thieves.
Three robberies were reported yesterday
to Inspector Holhnberger at police head
quarters. The articles stolen were a pair
of gold-rimmed eye-glasses from E. E.
Ricks, 27 Defrees street northwest; open
face watch from Jairus D. Loug.Holmead
avenue and Spring street northwest; and a
gold locket from Mrs. Wright, No. 611
Third street' northwest.
to send you up a case of our I.omon Sour
if ho doesn't kooh it tolophono U3 it is
choap, health-giving and delicious
it -uouM ho hard to find a moro all-round-satisfactory
drink for summer.
This is a very popular drink with tho
Juvonilo mombors of tho family.
WATERS, f '? j
G15-S21DSt. I1 CjRM I
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'The mombers of my family uso this ton
times whoio thoy ouco used tho llritannlcn, An
ploton's or Chambers' all of which thoy havo
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Richmond Instituto, Richmond, Va.
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library." Tho American,
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WiSniNGTOX, D. C, 1S93.
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LCCAL OFFICES: Met Bantc Building, 7th &FSt3-. 7th St & Pa. Are. tons DIst Thons, 503,
Koto Wo havo opened an elegant sulto of offices at Atlantic City, K. J.
American Security and Trust Co.. 1405 Q St
Capital (paid In), ?l,230,000. Surplus, SSM.OOO.
You owo it na a duty to your wife and chil
dren to make your last will and toatameut
before you start on your summer trip. Noth
ing la more uncertain thnn life, nnd tboro la
always a risk In railroad or steamboat trav
eling. Xo charge fcr drawing and kooping
wills If this company la camod tho ojcecutor
American Sscurity and Trust Co.,
3403 G St C. J. BELL, Prea.
227 C Street Northeast, Washington, D. C.
Wnshlncton Stock Exchange.
EeltR. R. 5's, 1,000 at 86.
Metropolitan Flro Insurance, 40 at 70.
GOVERNMENT BONDS. Bid. Ask'd.
US. 4's. It 112 H24
U. S. 48 C 112J1 113 "
U.S. 4's 19-J1 122
U. S. 5's l'JOl 115 115&
DISTKICT OF COLUMBIA BONDS.
D's 18'J3 "20-year Funding" 103
O's 1002 '-30-yoar Funding-' gold. 112
7's 1901 "Water Mock" currency. 115
7'a 1003 "Water btock" currency. 116
3.65'b 1921 "Fundinc." currency. 110
3''s Iteg. 2-10's, 1S'J3-193! 100
W & G R RConv 6's 1st, IKfSO 150 175
W &, G It It Conv. 0's 2d, 1003--43. .... 150 175
JletltltConv G's, 1301 103 100
Pelt R It 5'8 1021 63 68
Eckinetoa R Rb's, 1S0S-1911 :oi
Columbia It RC's, 1311 1105$ 113
Wash Gafl f'o, Ser A, 6s. 10O2-'2T 113
Wa&hGas Co, Ser B.G's, 10Ol-'29... Ill
Wash Ga3 Co Coav5's, 11)01 123 135
U. S Flee Light Conv5s. 1901 125
Ches& PotTol5's, 1S95-191I 9
AmerSeCiE Trust 5s, 1903 100
Wash Market Co 1st 6's, 1592-1U11.
$7,000 retired annually 110
Wnsh Mart Co Imp 6'8, 1912-27 110
Wash Mark Co Exfn 6's, 13I4-27.... 107
Masouic Hall Ass'n 5's, U.190S. 100
Wash Lt Infantry 1st 6's, 1901 100
Wash Lt Infantry 2d 7's, 1S93
NATIONAL BANK ST0CK3.
Bankof Washington 2S0 300
Bankof Republic 230
Metropolitan. 235 310
Farmers and Mechanics' 170
Columbia 130 140
Wost End 105
Traders 103 103
Oh'.o B2 E5a
SAT I DETOSIT AND TT.CST CO'3.
iat Sare Deposit and Trust 120 1C0
Washington Loan and Trust- 122 125
American Security and Trust 133 142
Washington Safe Deposit
Washington and Georgetown 273
Metropolitan 9J 100
Columbia .... ......
EcMngton. 13 35
Georgetown and Tenallytown...
GAS AND ELEC. LIGHT STOCK.
U. S. Electric Light
Franklin. .' -10
Corcoran 0 ,
German America. 165 200
National Union 10 .....
TITLE INSURANCE STOCKS.
Real Estate Title 107 115
Columbia Title. 7 8
Washington Title S
District Title. 10 13
Chesapeake and Potomac. 55
American Graphophone 3
Pneumatic Gun Carriage 20
Washington Market 14
Great Falls Ice 130
Bull Run Panorama
Xor fc Wash. Steamboat
Wesh. Brick Co
Ivy City Brick.
Lincoln Hall 70
Merganthaler Linotvpe. ISO
ExDiTid. tEx. Rights.
and others whose occnpatlcna proves
them from making deposits during
regular banking hours will find It con
venient to visit the
Union Savings Bank. 1222 FSt.N.W,
which la open EVERY SATURDAY
NIGHT between the boursot C and8.
(Four per cent. Interest on savings
Ready to be
New York Stock Ea:crians:eQnotations
Furnished by Sllsby fc Co., bankers and
brokers. Metropolitan Bank, Flftoenth street,
opposite Treasury, Washington. D. C.
Op Hleb Low 2:13
HHfi 112 111 112
15 15V5 15 15&
4S14 4ST 4S 4SH
56t, 55& 56 56
siM aiM M 21M
90t$ 90? S'Jtg S35
5SJ4 5SL oS' 5S?$
1624 16254 1621 16IM
130t 13( 130 130?i
, 21 21M 21 21H
Si 3 5i Si
, 36ia 33LS 37W 373.:
1034 103a4 103-H lOSOj
. 60H 604 60K 60$
149JA 1494 U9W 149.M,
1146 XI J3: 114 1113-4
. S7V4 37$3 SO-H 37
. &; 5C 56, 36
1007 101L 10056 100-Vd
1SL 1L? -TX'
Atchison. Top., & S. F....
C. C. C
C . B. a uulncy
Dela., Lack. & West
Delaware A Hudson ,
Distiller C Cattle Feed..
General Electric Co
Louisville fc Nashville...
Northern Pacific prof d.
National Lead ,
Pullman P. C. Co ,
Southern Railway, pTd..
Tennessee Coal Jfc Irou. ..
U. S. Cordage
1"M ISM 171
33 35 34 C4-J
101-U 1013J IOIS4 101
29 29 S9 29
171H 171& 171 171
171 13 17?$ 1.
7S 7S 73tj 7SM
13T6 13'6 13Js 13-
Slt 41 ll$ 41M
70fl 70 TOM T0
114M 114- H3Hl 114
36M 36i 36M 36
12M 12M l'M 12$
13ij$ 13 13t 13
1& U6 1 1
92Ji 923! 92i 92a;
21 21 21 21
16H l&H 16" 16
Chlcaco Board of Trado.
A TEX DATS' FREE OFFEIt.
Mornlnsr Times surjcrlliers win liave
Tho Evening Times delivered. Tree
for ono week Try milking request at
the office. This offer liolds for only
City Post -office Receipts.
The Post-office Department has prepared
a statement snowlnjr the receipts of the
twenty largest post-orflees in the United
States for the second quarter, ending
July 31. 1895. Only two offices show a de
crease San Francisco, of $1,000, and
Washington, I). C, of $23,500, the latter
because of the enormous sale of Columbian
postage stamps to collectors In 1804.
Beecharn's pili for .consti
pation 10 and 25. Get the
book at your druggist's and
go by it.
Annnal salsa mora than 6,000000 bozts.
15th. and G
Look for the number on
your ticket and call and get
your picture, if the number
is published here. Don't
come until your number i
published to save confusion.