Evening Star Newspaper, November 1, 1893, Page 9

| THE EVENING STAR. PUBLISHED D ¥ EXCEPT SUNDAY. AT THE STAR BUILDINGS, ‘1101 Pennsylvania Avenue, corner 11th St., by The Evening Star Newspaper Company, S. H. KAUFFMANN, Pres't Now York Office, 88 Potter Building. EvEwiIne Stam is served to subscribers in the om their own Tus tty by Ser 2 conte each. ‘TURDAY OUINTUPLE ao $1.00 per year; wip Ervien mage * ‘Office at Washington, D.€., second-class mail matter. “EF All wail subscriptions ‘must be paid tn ad- ‘vance. Rates of advertising made knows oo application oS Part. Che Fvening STAr roves 0-2 WASHINGTON, D. ©, WEDNESDAY, NOVEMBER 1, 1893—TWELVE PAGES. =— GRAND FAIR AT GOLDEN CROSS HALL, ON : fe benefit of . John's, Capital to November 4, 1883. Season 'S, Be.oSl-2t* ACADEMY. THIS WEEK. Only Matinee Saturday. MISS MARLOWE, Under management of Mr. STINSON. This Wednesday Evening, As You Like It. Thursday Evening, TWELFTH NIGHT. Friday Evening. ROMEO AND JU Saturday Matines, THE LOVE CHASE. Evening, ABOUT NOTHING. IAW AND TEN BROECK, to NEW NATIONAL THEATER. Every Evening and Saturday Matinee. AUGUSTUS PITOU'S Buperb Scenic Production of the Successful Military Across The Potomac, FOU! the late war, By Messrs Atgostos Bitou aud Edward M. Al- e Presented laborate scenery. Ubigue Mccbauical and electrical effects, weekWARDE AND JAMES. METZEROTT MUSIC HALL. BOSTON SYMPHONY ORCHESTRA, MR. EMU, PAUR, CONDUCTOR. Season 1893-"94. FIVE CONCERTS, gone Monday Evenings. November 6, Decem! January 8 February 5 amd March 26. SOLOISTS: Mme. Nordica, Mr. Kneisel, And others to be announced. Weason tickets, with reserved seats, $7 and $5, Seong ‘to location, now on sale at Metzerott’s fusic Store. oe81-4t c. A. ELLIS, Manager. SECOND GRAND HOP OF THE W. AND G. RL R- es Kelief Asw’n at National Rifles’ Armory THURSDAY, November 2, 1893. Tickets, 50 cents, admitting gentleman and ladies. Music by S. Marine Band. ocSl-3t* “FURNISHED DANCES.Ete. . Residence, 515 Hstn.w. praia promptly attended to.o2é-1m SERNAN'S LYCEUM THEATER. TONIGHT aT 3% Matinees Thursday and Saturday. THEY ARE HERE: HYDE'S COMEDIANS! Including Miss HELEN MORA. BIGH CLass: REFINED! Next Week—GUS HILL'S VAUDEVILLE STARS. oc30-6t AMUSEMENTS. | ALBAUGH'S GRAND OPERA HOUSE. MATINEE SATURDAY. That Fuany Irishman, Presenting ALLISTER SPORT MoA , Illustrated by PRETTY GIKLS, TUNEFUL MUSIC, Next Week—Roland Reed. r DE cou Masonic Temple, 9th and F sts. n.w., Washing- ton, D.C. Cirealars at the Academy. oc26-1m* Banjo quickly and correctly tae es a a a correctly taught by note or simplitied method: only $7 per quarter. I guar- play a perfect tune each lesson by my simple method or no charge. Parlors open from 104. | TONIGHT AT & ERT CAYLOR, ONE OF THE 400. GRACEFUL DANCING. . ALLAN 3s! School for Dancing, Delsarte and Deportment Bays. LESSON FREE. antee to teeh the most unmustcal person to until 9 p.m. GEORGE DRAEGER, 631 I st. n. ecd-1m In a lecture at Masonic Temple, 9th and F si n.w., WEDNESDAY, November i, at 8 p.m. Al attend! will be enabled to repeat fifty words or names forward and backward after hearing them once read. Otherwise the admission fee will be | ere ig refunded. The instruction given in this lecture, when given privately, costs $2, and to many has been worth twenty times that amount— If money can be compared with such knowledge. Tickets, 50 cents, admitting lady and gentleman. Former pupils free. You will never receive more value for this amount. wate instructions at 922 F st. uw. While Scores are being blessed thousands are neglecting an opportunity for life-long good, which, to them, may never return. In Ufe’s affairs the a tide ‘To bear us o'er its waters wide; And he who at its flood applies His oars may be both rich and wise. Rut he who fears and doubts, waits Until the tide, alas! abates, May wait forever on the s Forever be unwise and poor. 0031-2 FREE LECTURE AND DEBATE AT GAILLARD School of Languages, 906 F st. n.w., THURSDAY, \ 8 p.m.—Lecture delivered, trial lesson by a ludy pupil of the school, who, with ers, Will speak und declaim in various lan- es. Subject: Geillard Method for French, Maller for German, the only sctentifie, and aesthetic systems extant, cultivate and evolve the highest faculties of the human mind and greatly facilitate the study of languages. oc27-t EXCURSIONS, &c. | TALLY HO COACH LINE DAILY.10 4.M., 2 P. | from 511 18th st.—Arlington, Cabin J. ints of interest. Trip, 50 to jo on earth. am Nov. 2, ail : 3 ‘Tally ‘© cars to Arlington. ocl9-1m* MOUNT VERNON. HOME AND TOMB OF WASHINGTON. Wash., Alex. and Mount Vernon Railroad. Along the banks of the Potomac and through t main Streets of Alexandria, bringing in view historical points. No delay. gE | ‘Take | trains, ivania t, 9:45, 10: acme 1201, 100 aod el pe tie. round trip, | 45 cents. Also by Alexa ferry, 7th street wharf, 9:20, 11:30 a.m, and 12:30, 1:30 p.m. ‘Round trip, 35 ‘Mount Vernon ‘grounds open daily, except Sun- Tt pm, on W to seld fanzis THEATER. Week commencing Monday, Oct. 30. Usual matinees—Tues., Thurs. and Sat. Daniel A. Kelly * UTCASTS OF A GREAT CITY. ~Nezt_WeekFABIO_ ROMANE SLEVENTH SEASON. CHORAL SOCIETY. FIRST CONCERT—Miscellaneous program, Met- Berott Music Hall, THURSDAY, November 9, 1993. SECOND CONCERT—‘“The Messiah.”” Convention Hall, DECEMBER 28, 1893. Chorus of 500 and Baltimore Symphony Orchestra. THIRD AND FOURTH CONCERTS—“The Crea- tion" and “Samson and Delilah,” Convention Hall, April (daze not fixed), 1894. Chorus of 500 and full ‘orchestra. HONORARY MEMBERSHIP SEASON $2.50 and $5, entitling holder to seat: of $3 and $6, respectively, at bolder @uring the season. On sale at Metzervtt’s. ©7Prices of seats this season, $1, 75 and 50 ecnts. oc28-11t WONDERLAND MUSEUM AND THEATER, Odd Fellows’ Hall, 7th st. n.w. Week commencing October 30. THE WONDERFUL FIGHTING KANGAROO 0¢30-6t JACK. ‘The Talking Seals, Lennie and Milton, A me ie im the Joe All cu all, J.J. Burnham, Martin Sisters, ‘The Austins. Albino Twins, G superb stage shows dally—6 Doors open at 1 and 7 o'clock p.m. General admission.........-.-sceeseeeee- +10 cents The “G. G.? Course. L. RB. CONWELL, Manager. WILLIAM H. McELROY, HAMILTON W. MABIE. F. HOPKINSON SMITH, BILL NYE, ALFRED P. BURBANK, GEORGE BIDDLE, EUGENE FIELD, DOUGLASS SHERLEY, AND JAMES WHITCOMB RILEY. Beason tickeis. $2.00, $2.50 and $3.00. Sale of seats now in progress at Mertz’s Ph: 2ith and F sts. wi cezt-Am BY REQUEST. Second Concert bY the iuimitable Fisk JUBILEE __SINGERS ay from Fisk 0 XN METZEROTT MUSIC 5 gage — Tenn _Gueen wer hea v- Tike it “The music Is ahoce griticism. for it cannot be classed with any o' $,.'2 simply the heart beating out loud." ‘San Union. Senta, 25 and S0c., according to location. Metzoro te Music Store =“? 1°88 For at" Philosopher, IN HIS NEW LECTURE, “Voices.” First Baptist Church, corner 16th and O sts. D.w., M. NESDAY, NOVEMBER 1, AT 8 P. amission ¥ riot, Hawise is th for of "Mrs. the originator of pag THE HOUSE IN WHICH ABRAHAM LINCULN DIED, . 816 10th st. now conta! 3 of Mr. Lincolm, owt of them from “Homestead” at Open daily, ‘except Surday, 9-12 and 1 Guys. and Fridays ~ Shina e tecbiienne CALIFORNIA, TEXAS, MEX - monthly tourist parties cific company’s sunset anu Apply bys E. HAW! BBs throated. y. x ~ N. ¥. KR. J. SMITH, a Se 36 et, Phitadeigtia. jass-ebwivee SPECIAL SE ay STEAMER MACALESTER TO MOUNT VERNON. Tomb of Washington, Daily (except Sunday), At 10 a.m., returning by 2:45 p.m FARE, ROUND TRIP, 50 CENTS. Admission to grounds, 25 cents. - Tickets, with Mount Vernon admission coupon, for sale at wharf and at hotels. Will also make river landings as far as Glymoat, Stopping for freight and passengers both ways. se18 L. LL BLAKE, Capt. EDUCATIONAL. = FO FRIENDS’ SCHOOL, AN ELEMENTARY AND HIGH SCHOOL For both sexes, 1811 I st. Children who begin school in our primary de- partment, almost without exception, are happy and become interested and thorough students. Our teachers are college trained, and theli students are pursuing courses at Y Columbia, Cornell, Princeton, Johns Hopkins, Massachu- setts Institute of Technology, Lafayette and lobart. Students are received at any time and fitted into classes. oc26-tr THOMAS W. SIDWELL, Principal. MISS C. MATILDA MINKE, 312 DELAWARE AVE. Be raduate ‘of the New . Conservatory of Music, Boston, Organist and Experienced Teacher of Piano and Harmony. oc24-1m* PROF. J. FRANCIS GERMUILLER, TEACHER OF orgun, vocal ic and cially attentive to beginners as well as to advanced. 611 I st. n.w. se25-2 THE BERKELEY SCHOOL, 1738 Let N.W., FISHER, B.S., Head Master. Prepares young men for West Point, Annapoils and for all colleges and universities. Arrange- ments be made for private lessons in all branches in the afternoon or evening. tr HENRY JAEGER, FLUTE SOLOIST AND THACH- et, may now be engaged for solos, concerts or Seaching. For terms apply at 15 4th st. se. <im* MISS AMY C. LEAVITT. 1121 VERMONT AVE. N.W. PIANO AND HARMONY. ee21-tf LESSONS ON THE JANKO KEYBOARD. WoOoD's COMMERCIAL men . Terme ‘and ituations furnished without Call or 3 send for 82-page illustrated cat gue, containing names of more than ba cS MME. J. ESPUTA-DALY, _ Teacher of voice culture and note chain ays- tem for readii the ing music at sight. Mme. Daly has tment specialty. N. J. ai Call 10 a.m. to 6 p.m. Mondays and Wednesdays on and after Sept. 4. au23-8m ACADEMY OF HOLY CROSS, 1312 MASS. AVE., FOR YOUNG LADIES AND CHILDREN, ‘Will reopen September 11; every facility is of- = & Iso in music, trumental, special attention paid to eulture, __NOW OPEN. ART STUDENTS’ LEAGUE—NINTH SEASON. Day _ classes -Ai igus, portrait, oils, water women's life. Eventing classes—Autique and men's life. For circulars vend to 808 17th st. mw. FIN'S COLLEGE FOR DAY STUDENTS ON- 11; send for new ER FABRICIAN, oc8-tt ST. 301 ha studies resumed tem? IN SEMINARY, ‘M and 11th sts., BOARDING AND DAY SCHOOL FOR YOUNG LaA- DIES AND LITTLE GIRLS, Thorongbiy modern and ressive in methods and spirit. Primary, ‘and Collegiate classes. Established in 1875, this school continues the careful training and thorough instruction ip every department for which it has hitherto been so favorably known. It is equi with every PES et Inc} ing fect sanitation. nul Fall term opens OCTOBER 3, 1893, ‘ear books furnished on application. Mrs. ELIZABETH J. SOMERS, Principal. } er, "8 ACADE: CECILIA’ MY. €01 Enst Capitol st.. for ladies and children, will reopen on MONDAY, Sept. 4. ‘This, well-Known ra every acquiri ati rh sh and musical education. Pus pile not attending the academy will be admitted fo the classes in music, art, fancy eloca- tion, phonography and typewriting. auiS-4m 1488 N ST. N.W. THE MISSES KERR'S ‘SCHOOL FOR YOUNG LADIES LITTLE CHILD! MISS HAL PRIVATE SCHOOL. 1420 20th st... cor. of Pst. nw. A day school for ‘childsen and oider girts. Applications may be at the school rooms Gsily, from 9 till 1 o'clock eel-Sme MISS ALICE BE. BURBAGE, 469 1 ST. N.W. Graduate of Royal Conservatory of Leipzig. ‘Teacher of PP sg 1. § and counterpoint. oco-1m* ‘ IN Ww 1 AN EXPERIENCED MUSIC TEACHER WILL GIVE piano lessons at 25 cents per lesson, at homes of puptls if desired. Address W. C. B., Star office. nol-6t* ‘A YOUNG MAN DESIRES TI competent tutor Address D. B. T. LANGUAGES. THE BERLITZ SCHOOL OF LANGUAGES, 723 14th st. nw. Branches in all American and European Principel cities. New term begins now. bysical culture. win Ferry. Acting- physical cuture—Mrs. Walton. nl-1m* tion, ts. materials without extra Normal class. 0c 1-8t Mr. r 9TH st. - W. Lawrence, vocal teacher. Voice correct breathing taught by rapid meth- pupils prepared for concerts, Monthy mus oc31-6t' LADY JUST FROM ENGLAND WISHES TO GIVE tvate lessons in French (acquired in Paris),pain Jog im. oll, water colors: Graton and. penell isa ings. Address E.E.BARTON, 910 20th nw, 06-2 MISS SCHMITT’S PRIVATE SCHOOL, 453 G N.V Faults of speech corrected. Kind. | Yaneed, German, French, Articulati | Reading. Dancing, Physical Culture. NSTRUCTION—MISS MAY ated vapll of Hy | servatory of Zerlin, Lessons at pupils’ | desired. 902 22d at. n.w. MRS. L. 0. TALBOTT WILL REOPEN FRENCH and English school for young ladi dren, October 4, at 927 for adults.” MRS. S. CLDRERG HAS RESUMED INSTRU toa in vocai culture and Will geceive a limited number of pupils, Wednesdays ahd Saturdays, at Sorders & Stayman’s, #34 F st. Admission to ladies’ Wednesday class through members or apply in person fo Mrs. OLDBER : SIGNOR MAINA’S VOCAL SCHOOL, 919 H’st. n.w. The only thorough school of the celebrated Italian method of singing in Washington. Careful placing of the voi aod artistic tintsh To satisfy all who bave made deinand to study in this school, Sig. Maina will institute classes, beth male and female, at a great reduction of price, for solfeggio (reading at sight), and pre- paratory for oratorio, opera and concért breathing, _—— division of time, & pupils of Sig. Maina will have the advantage of attending. free of charge, one evening week in class for the reading of the Latin and Italian. ec28-it® KENSINGTON ART EDLEWORK And decorative Ct eet a MEAD, lerr Raif of the Royal Con- P st. 2 . : 0 ‘all from 9 to 12m. SYNDICATE for giving the best private instrac- fon, “aod Atting for college, in ALL. the lan- mathematics, ‘engineering, ish, ry and Eco- educators, specialists, dex lew Universities In thls cvaptry and Europe. ‘Transitions, solutions under” gu: and analyses mad Address A. F. Craven Ph. D. oc2y-12t* ADELA VERNO: 'N SOPRAN vocalist and exp ed teacher of London, Eng- Jand, is in Washington for the season and is pre- pared to accept engagements for concerts and Fecuptions elve a lMmited number of cee. Columbian Ualv, and to ri Italian «method. Address 1451 L ocT7-wkslm® s YOUNG MEN AND ed at 1434 Q st. n. Preparation Por colleges and technical seboois and for bust. . Best of references. For particulars. a to WM, 'H. PUTNAM, or a. N. MeQUARRIE ocT-lm* MRS. MANN'S KINDERGARTED SCHOO} and the Elizabeth Peabody Kindergarten Normad beam ge an beer yer place (or O st, \. begin fall and winter sess! ber % 1603. “Sinch at noon See __ausl-3m EME8SON {NSTY F. 914 Lith . nklin Square. | (Select Classical and Mathematical Schowt for | | Young. Men and ied Begins its forty-second | ‘repaies for Harva: Yak Bear, September 20, . Yale, inceton. Johns lopkins. Lehigh and other col: leges, fsities and scleutific schools; for the Untted States Military and Naval Academies and for business. Special department for boys be- tween 8 and 12 sears of age. sre. | ;: : A full course in | YOUNG, Princi For particulars address CHAS. | pal. au2y-3m | EATON, BURNETT & DURLING’S BUSINESS TRAINING SCHOOL, 12TH AND F STS. N.W. DAY AND NIGHT SCHOOLS IN ACTIVE OPERA- TION, ‘The most practical form of instruction to be found in any college. Our methods and the meth- ods of business are identical. Our graduates suc- ceed where others fail. Call and see us. We court investigation and in- vite comparison. au5-3m GUNSTON INSTITUTE, 2026 AND 2028 P ST.N.W. Boarding and Day School for Girls. session opens Sept. 25. ocl3-Im Mr. and Mrs. B. R. MASON. WASHINGTON FEMALE SEMINARY, 1226 15TH st. Day and boarding school, primary intermediate and advanced departments; experienced tenebers; methods of instruction those tested during TWELVE years of earnest work; many prepared ai school,within reach of ‘help from prin- eipal. Miss CLAUDIA STUART, Principal.oc5-1m* SHAFTESBURY COLLEGE OF ELOCUTION, ORATORY AND DRAMATIC CULTURE, 1223, 1225, 1227, 1229, 1231 G st. The finest school in the world. Lessons in class or private, in all branches. School year begins Nov. 4 ER. W. EDWARD HEINENDAIL OF BALTI- more will give vocal instruction (Mr. Shakes- re's met lors & Si Tuesday, Oc . For terms and particulars ad- dress care of Sanders & Stayman. — 0cl6-Im* 1864—EDUCATION FOR REAL LIFE—1804 FOR SONS AND DAUGHTERS. THE SPENCERIAN BUSINESS COLLEGE, Na- tional Bank of the Republic building, corner 7th and D sts. n.w. Day and night sessions began September 4." Practical English, shorthand and typewriting; ition central. vs in demand. Office open every business day and night. Write or call for new annual announcement, Mrs. SARA A. SPENCER, Tel. call 1084, (ocl6) Principal and Proprictor. MISS” FRANCES MARTIN'S ENGLISH AND FRENCH SCHOOL FOR GIRLS, 1205 st. Dw. Freuch, Kindergarten. Boarding pupils Im{ted. se2-2m* SCHOOL, OF FLOCUTION, {QRATORY. ACTING, race and voice culture. ith st. ier Lessons’ given during. tho day oF evening. EDWARD ¢. TOWNSEND Miss ABA‘L. ‘Tor MISS BALCH'S CIVIL SERVICE INSTITUTE AND Business College, 1257 10th ow, Duplin prepared successfully for’ civil service, departmental and __Sensus examinations. Stenography taugnt. » a MRS. HARRIET MILLS, Vocal lessous resumed October 1. o21me n__ A804 L’ street. SCHOOL OF FRENCH LANGUAGE, 1426 z ave. 0, w., Prof. PAUL E. VOINOT, Feopens September 2; "rapid progress. _mederate. “Prial lesson’ tree z #RENCH CLASSES FORMING FOR THE SEASON. Dramatic French readings. ents admission. oc3-Im* MLLE. V. PRUD' HOMME, 307 D st. nw. WASHINGTON FEMALE SEMINARY, 1226 15TH st.—-Day xnd boarding school, primary, interme- diate and ad: departments; experienced teachers: those tested during TW) ; mauy lessons prepared xt school, within reach of help from principal. Miss CLAUDIA STUART, Prin- efpal. oc 1 WASHINGTON SEMINARY, 1540 17TH ST. Boarding and Dey School opens October 2. Primary. Intermediate and Advanced Departments. Thorough Instruction: progressive met! ; indl- vidual attention: corps of competent teachers. Special classes: Literature, Languages, Elocution, Physical Culture, Cookery, Needle Wor Mr. ‘and SMALLWOOD, Mrs. G. T. a Principais. ORWOOD INSTITUTE, A School for Young Ladl: HIGHLAND 14TH STREET AND M. oc30 Mr. and Mrs. W. OLNEY INSTITUTE, eet-zm THE CASE OF SHEA. His Application for a Writ of Habeas Corpus. JUDGE COLE'S EXHAUSTIVE OPINION. All the Contentions of the Petition Caretully Reviewed. THE REQUEST DENIED. —— ee As intimated in The Star several weeks ago would be the case, Judge Cole this morning denied the petition of John Shea, the South Washington citizen now under- going a sentence in the workhouse upon a second conviction of selling liquor without @ license, for a writ of habeas corpus; and, unless the Court of Appeals overrules Judge Cole, Shea will not only have to serve out his six months’ term, but will also have to serve six months additional, unless he con- cludes to pay the fine of $00, which fine formed a part of the sentence imposed upon him in August last. Judge Cole's decision Was awaited with considerable interest, and is believed to effectually dispose of the many contentions in the case, which are fully set out in the decision. The decision is as follows: The Contentions of Shea. In the matter of the petition of John Shea for a writ of habeas corpus, the petitioner complains that he is unlawfully restrained of his liberty by Walter H. Stoutenburgh, the intendant of the Washington asylum, by virtue of a warrant of commitment is- sued by authority of the Police Court of this District. A substantial copy of the record of the proceedings of the Police Court in the case of the District of Colum- bia against Shea accompanies the petition, by which it appears that he was tried be- fore a jury in that court in August last upon the charge of selling intoxicating liquors without a license, and found guilty by the jury and sentenced by the court to pay a fine and also to be imprisoned in the workhouse, a department of the Washing- ton asylum, for a period stated in the sen- tence and commitment. The allegations in the petition relied upon to show that the imprisonment is unlawful are briefly: First, that S, C. Mills, one of the justices of the peace of the District, who was presiding in the Police Court dur- ing the trial and who pronounced the sen- tence, had no jurisdiction or authority to preside therein or to pronounce the judg- ment; second, that the petitioner was de- nied the constitutional right of a trial by an impartial jury; third, that he was de- nied the constitutional right of being in- formed of the nature and cause of the ac- cusation against him; fourth, that the case Was submitted to the jury on erroneous :n- structions by the justice who presided at the trial; fifth, that there was and is, no sufficient record of the judgment in the Police Court to authorize the issue of the mittimus; sixth, that the sentence is not | authorized by the statute by virtue of which | the prosecution took place; ‘the mittimus the petitioner is committed, to the custody of the supposed official who has no legal existence, and eighth, that the punishment prescribed by the statute may be, and that imposed in this case actually is, infamous, and the whole proceeding against the defendant in the Police Court is void for want of jurisdiction in that court to try such an offense, the constitu- tion requiring such offenses to be prosecut- ed only upon presentment or an indictment by a grand jury, none being provided for in that court. Proper Questions for Habeas Corpu In determining whether the petitioner is entitled to the writ as prayed, it is import- ant to consider in the first place what ques- tion is open and proper for consideration upon habeas corpus; where, as in this case, the petitioner has been convicted of an offense, and is held upon the sentence pro- nounced in pursuance of such conviction. The powers and limitations upon habeas corpus in such cases have been clearly de- fined by the Supreme Court in numerous cases. In re Coy, 127 U. S., 731, the ques- tion was very fully considered, and Mr. Justice Miller, delivering the opinion of the court, quoting from a former case in that court, uses this language: “If that court (the one pronouncing sentence) had juris- diction of the party, and of the offense for which he was tried, and has not exceeded its powers in the sentence which it pro- nounced, this court can inquire no further.” Upon a close analysis of all the cases in the Supreme Court upon the subject it will be found that the sentence thus quoted contains the exact doctrines established by that court, though in very terse lan- guage. It is supposed and argued that the Supreme Court in the subsequent case of in re Hans Nielsen, 131 U. 8., 176, modified the rule as above stated, but the decision in that case will be found in harmony with that rule, and not in contravention of it. That was the case in which the record of the court in which the conviction was had showed that the petitioner had been tried, convicted and sentenced the second time for the same offense. Mr. Justice Bradley, delivering the opinion of the court in that case, said that: “A party is entitled to a habeas corpus not merely where the court is without jurisdiction of the cause, but where it has no constitutional author- ity or power to condemn the prisoner.” The Constitution provides in substance that a person shall not be punished twice for the same offense, and when the court attempted to inflict the second punishment in the EDUCATIONAL. _AN WASHINGT WHY PAY $50, $40 OR $70 FOR WHAT CAN BE HAD For ULL BUSINESS COURSE, DAY OR NIGHT, 25 —— YEAR — 25. The well-known reputation of the principal, as a reliable and successful Washington educator, is a guarantee of correct treatment. IVY INSTITUTE BUSINESS COLLEGE, 8.W. COR. 8TH AND K STS. N.W. W. FLYNN, A-M., Principal. TE ‘writing, Shorthand and al) Bust PRIVATE LESSONS, ELEMENTARY OR ADVANO- ed, At pupil's residence if desired. Experienced tutor, University graduate. Especial to backward, uawilling and aduit . 1406 ‘Mon dad B Prof. lopkins place, near 2 aw. Ruan WASHINGTON CONSERVATORY OF MUSIC, 1225 i0th a,w. Twenty-ftth year. Pi voice, violin, flute, cornet, &c. to pupils, O. B. BULLARD, Director. COLUMBIA COLLEGE OF COMMERCE, €23 La. ave., bet. 6th and 7th sts. aw. C.K. URNER, A.M. CE. Prin, Twenty-third year as a” successful "business educator; eighth year in this city and fifteen years with Eastman College. Six thorongh and practical courses: Business, Englisb. accountancy, civil service, shorthand and typewriting. ro the phonograph and typewriter; the quickest reparation for the office; complete course, §! Bhorthand ‘dictations "by. romperent readers the phonograph; individual instruction by ex- Dertenced rene ‘ters. Graduates of rare excellence And distinguished success; moderate 3 8 catalogue. au28 FRENCH LANGUAGE ITERATURE—PROP. GASTON RIVOT from very easy and pro- gressive method. Address 1328 I st. o.w.. or call at 5 o'clock. oclT-14t® ODT OF WACH:NGTON. FOR BOYS, ST. GEORGE'S, NEAR, A.'M..” Prin; 18th van- highest 1-Im* tages; home comforts; reasonable term: references. 85 ocl | Astuma Anp Cararru | Cured by the ESPIC'S CIGARETTES OR POWDER. Qvpression, Suffoeating, Coughs, Colds, Chest, Neu- a, ec. Panis: J. ESPIC, 20 Rue St. Lazare. ew York: FOUGERA, MILHAU. Bold by all chemists of America. wL24- 11S eventh, that by | attention | language of the rule, as stated by Mr. Jus- tice Miller, above quoted, it “exceeded its powers in the sentence which it pronounc- ed,” and the petitioner was discharged upon habeas corpus. The petition in this case must therefore be considered in the light of the rule above stated. Jurisdiction of the Police Court. Had the Police Court jurisdiction of the party in the offense for which he was tried? and had it power to impose the sentence it did? are the only questions which can be considered upon this application. ‘The statute in express terms confers juris- diction on the court to hear and determine the case, and to impose the penalty created thereby, and the court had jurisdiction of the person of the petitioner by his actual arrest and presence in court. It ts appar- ent therefore that the only questions which can arise as to jurisdiction are the constitu- tionality of the statute conferring it, and the personnel of the court by which it was exercised. Referring to the grounds alleged in the petition for the issue of the writ, it is very clear that under the foregoing rule the sec- ond, third and fourth of them cannot be considered. The second is that the petitioner was de- nied the constitutional right of a trial by an impartial jury. But that is not an error which affects the jurisdiction of the court to try the case or its power to pronounce the sentence. This exact question was de- termined by the Supreme Court in Schnel- der’s case, 148 U. S., 157 and 162. One of the grounds of the in that case was that the petitioner had been denied an impartial jury by the Su. preme Court of the District, and Chief Ju: tice Fuller, delivering the inion of the court denying the writ, says: “The ground of the application does not go to the juris- diction or authority of the Supreme Court of the District, and mere error cannot be viewed in these proceedings.” A distinction is attempted to be made between this and the Schneider case in that in the latter case the court permitted the questions to be asked the jurors, as tend- ing to show whether they were impartial or not, while in this case the question put by petitioner's counsel to one of the jurors supposed to have that tendency was not al- lowed. But disallowing the question, if it should have been allowed, was not an er- ror affecting in any way the jurisdiction or power of the court. Besides, in the Schnei- der case error was alleged in the record by the action of the trial court in accept- ing jurors whose own answers under oath showed them to be disqualified, as contend- ed by the defendant’s counsel, as well as by ruling out questions put by defendant's counsel, which they contended had a ten- dency to develop whether the juror was biased; so that the Schneider case contain- ed the very feature this one does. The Third Ground of the Petition. The third ground of the petition is that Petitioner was denied a constitutional right at the trial, in that he was not duly in- formed of the nature and cause of the ac- cusation against him by the information filed in the Police Court. That informa- tion charged him with having engaged in therefor. ute of which the Police Court had juris- corpus. This exact question was determin- Coy, before referred to. See 127 U. S., 759. The fourth ground of the petition is that the case was submitted to the jury upon erroneous instructions as to the law by the Police Court. From what has been said in | elation to the second and third grounds, it follows that these alleged errors cannot be considered upon habeas fore, they have mot been considered. Un- doubtedly, the judges of the Police Court would feel greatly relieved if there was a provision of law by which their judgments upon points of law could be reviewed in cases ke the one under consideration, and there was probably an inadvertence some- where in not providing for such a review in the bill transferring the appellate juris- diction of the Supreme Court of the District to the Court of Appeals, but the absence of such a remedy would not justify a judge of this or of any other court in making a writ of habeas corpus serve the purposes of a writ of error. Authority to Pass the Sentence. This leaves as proper for consideration upon this application the first, fifth, sixth, seventh and eighth grounds of the petition, each of which in one form or another chal- lenges the jurisdiction of the Police Court over the case of Shea, or its powers or au- thority to pass the particular sentence im- posed. The first ground is briefly that Justice Mills, who presided at the trial, was neither an officer de jure nor de facto, but a mere usurper of authority, and that his act as judge of the Police Court is absolutely void. This position is supported by three conten- | tions in the argument of the petitioner's | counsel. First, that the act of Congress authorizing a judge of this court to desig- nate a justice of the peace to preside in the Police Court is unconstitutional and void; | second, that it was repealed by the act | creating an additional judge of the Police Court, and third, if valid and unrepealed, it only authorized an appointment of one jus- | tice of the peace, while the judge of this ; Court designated two at the same time to | Serve during the same period, and that such | designation is void. | Section 1047 of the R. S. U. 8, relating to the District provides that “In case of sick- | Mess, absence, or disability of the judge, either of the justices of the Supreme Court | of the District shall designate some justice ; of the peace to discharge the duties of the | police judge until such disability be re- | moved.” Section 1048 provides that the jus- , tice of the peace so designated shall take the same oath as is required to be taken by the police judge and that he shall receive $10 per day for the time he presides in the court. It is argued that these two sections create an office, like that of acting judge, or judge pro tempore of the Police Court, and lodged the power of appointment in one of the justices of the Supreme Court of the District, in violation of the constitutional provision that officers of the United States shall be nominated by the President and appointed by and with the advice and con- sent of the Senate, except as to such in- ferior officers as Congress may provide to be appointed by the President alone, by the courts of law, or the heads of departments. A Court of Law. Admitting that this office belongs to the class last named, and that it is competent for Congress to have vested the appoint- ment in a “court of law” as specified in the Constitution, the argument is that the sec- tion quoted does not do this, but gives the power of appointment to a justice of a court. As each of the justices of this court may by law hold any special term of the court alone, and as the orders, judgments and decrees of the several special terms are | declared by law to be the orders, judgments and decrees of the Supreme Court of the District, it follows that, under the law, as it stands, the designation provided for by section 1047 Is made by the same person who would make it if the statute had vested the ; power in the Supreme Court of the District. | This is a court of law within the meaning ‘of the Constitution. Congress might have {vested the power in question tn’the court without doubt. Has it not substantially | done so? This view of the question was not | suggested or argued by counsel on either side, and I have not considered {t very fully, but perhaps, rather than hold the law un- constitutional, this view should be adopted. in question create a new office and provide |for an appointment to fill it? | ‘The proper construction seems to be that adds a duty to one already existing, by ada- ing to the then existing duties of justices | of the peace in the District the duty of pre- |siding In the Police Court, under certain | contingencies, and imposing upon the jus- tices of this court the duty of designating the Justices of the peace who should from time to time perform that duty. The duty devolved upon the justices of this court by that section is not to appoint, but to select one or more persons out of a class to per- of the class, equally alike. The designation fs Sily a matter of convenience to avoid plication for the writ | the sale of intoxicating liquors in the Dis- trict of Columbia without having a license That charges an offense under the stat- diction, and that closes the door to further inquiry upon habeas corpus so far as the sufficiency of the information was con- cerned. Whether ft charges the offense with that particularity of specification re- quited by the common law and the consti- tution cannot be determined upon habeas ed by the Supreme Court in the case of corpus, and,\¢here+ | But, rightly considered, do the two sections | the law, instead of creating a new office, | form a duty devolved by law upon each one | |confusion, and not one of substance. The power to appoint to office involves the dis- | cretion to select the appointee, not to desig- nate from a small class already selected by other authority. The Question Determined. This question was determined by the Supreme Court in the Rock Creek Park case. The act of Congress prescribing Proceedings for acquiring land for that park provided for a comm's- sion of five persons, denominated ofti- ces in the act, to have charge of the pro- ceedings, three of whom the law provided should be appointed by the President, by and with the advice and consent of the | Senate; the other two were to be the chief of engineers of the army and the Engineer Commissioner of the District for the time being. It was contended that the law was unconstitutional, as being a legislative ap- pointment to an office created by the act. In disposing of this objection the Supreme Court said: “As, however, the two persons whose eligibility is questioned were at the time of the passage of the act and of their action under it officers of the United States, who had been theretofore appointed by the President and confirmed by the Senate, we do not think that because additional duties germane to the offices already held by them were devolved upon them by the act it ts ;Recessary that they should be again ap- pointed by the President and confirmed by the Senate. It cannot be doubted, and it may increase the powers and duties of an existing office without thereby rendering it necessary that the incumbent should be again nominated and appointed.” (Shoe- maker agt. United States, 147 U. S., 301). This language applies with great force to the question now under consideration. These Justices of the peace were and are judicial offices appointed by the President and con- firmed by the Senate, and the act in ques- tion simply added duties which were ger- mane to the duties of their offices. The con- clusion is, therefore, that the sections 147 ang 1048 ‘are vald, and, If enforced, con- fe upon Mills the power and jurisdiction to preside in the Police Court. As to Section 1047, The next question is, has section 10i7 been repealed by the act adding another judge to the Police Court? This act was approved March 3, 1891, and amended July 23, 182, and enlarged the Jurisdiction of the Police Court, providing ed for an additional judge of the court, and that each judge might sit separately and simultaneously for the trial of causes. There is no language in either of these acts expressly repealing section 147, and the same is now in force unless it has been repealed by implication. Bearing in mind the rule that repeal by implication-is not favored by courts, I am unable to find any- thing in either the act of 189 or that of 1882 inconsistent with section 1047, nor is there any language in them to indi e that Congress intended to repeal or in any way rullify that section. In several appropri- ation bills passed since that act, Congress appropriated to pay two justices of the peace for presiding in the Police Court, while prior to the act of 1891 the appropri- ation was for one only. This is not only a legislative construction that section 147 was not repealed by the act of 1891, but shows that Congress understood that after the addition of another judge to the Police Court it might become necessary to have two justices of the peace presiding in that court. But even if section 1047 was repealed by implication, inasmuch as Congress by its appropriation above referred to treated that section as still in force, and as authorizing the designation of two justices of the peace to preside in the Police Court if occasion required, and inasmuch as a justice of this court, acting upon the same belief, made the designation, and Justice Mills in pur- suance thereof presided in said court, he had such color of right to ex- ercise tl etions of the office as to ren- ments as between the parties thereto valid and binding. But it is argued that there can be no de facto officer unless there be an office de jure. The answer is that here there was an office de jure, that of judge of the Police Court. The defect in the ar- gument is that it erroneously assumes that section 1047 attempted to create a new office and, being unconstitutional, there was no office created, and that therefore there could not be any de facto officer. It is further contended that section 107, if valid, only authorized the justice of this court to designate one justice of the peace to preside in the Police Court, and that the designation of two was void, and therefore there was no designation of any one. But there seems to be no valid reason why two might not be designated at the same time, either of whom could act alternately, or both at the same time, if oceasion required. In any event this would be only an irrec- ularity in the designation which could in no way affect the authcrity of the officer while acting. The Record of the Sentence. The fifth ground taken in the petition is that there was no record of the sentence in the Police Court to justify the issue of the mittimus. The entry in the minute book of the court under date of August 29, 1992, is “sentenced to be imprisoned six months in W. H. and to pay a fine of $500 and in default of payment of the fine to be imprisoned in said W. H. six months additional.” It is said that such entry does not authorize the tssue of the mittimus, which bears the same date as the above en- try, under the seal of the court and signed without abbreviation, and that Shea was in default, and requiring the intendent of the Washington work house to receive the body of said Shea into his custody and him safely keep until he should be discharged by due course of law. It is said that there is no formal judg- ment on the verdict of the jury and no designation of the place where Shea is to be imprisoned, and no certain time of im- prisotment. As to the first point, there is no requirement of law that the judgment of the Police Court shall be entered in the journal or minute book in extenso and signed by the judge. In the practical ad- ministration of the business of the court it is impossible that it could be done, the number of cases disposed of are so numerous, un- less a much larger number of clerks should be employed than are now provided for by law. In practice in that court the clerk makes a brief memorandum in his minute book of the several steps or proceedings in case as they occur, and of the judgment of the court. This seems to be all that is practicable to make, and all that is neces- sary for the protection of defendarts. As to the abbreviation “W. H.” no uncertainty can arise out of the use of them in this particular case, as the statute itself pro- vides that the imprisonment shall be in the wi house only, it being a second convic- tion, so that the sentence would have been complete without any specification of place. It seems to be definite as to time, six mouths and a fine of $500 as punishment for the offense,and to be imprisoned six months additional if he fail to pay the fine. The first six months commencing, of course, from date of sentence, and the second six menths from the expiration of the first. There seems to be no element of uncer- tainty in the sentence or the time or place of the execution of it. Authority Not Exceeded. The sixth objection is that the court ex- ceeded its authozity in imposing the sen- tence. This was a second conviction.and in such cases the law fixes the penalty of a fine of not less than $250 nor more than $8®, and imprisonment in the work house in the Dis- trict not less than three months nor more than one year. The sentence, as we have seen, was imprisonment for six months and a fine of $00 as a punishment for the offence, and six months additional in case the fine was not paid. It is the last part of | this sentence which is alleged to be in exer of the authority of the court under the law, and it is claimed that that part of the sentence being illegal the whole is void. There is some little authority for this last contention, but the great weight of authori- ty, as well as sound reason, seems to be in favor of the rule that where a part of a sentence is authorized by law and a part not, that which is lawful is valid, and that | which is unlawful is void. This is the ruie jof the Supreme Court as announced in iu this jurisdiction. (See also ex parte Peters, 4 Dillon, C. C. R., 164) As the first six months’ imprisonment was confessedly authorized by law and has not expired, the has frequently been the case, that Congress for jury trials in certain cases, and provid- | der him a judge de facto, and his judg- | by the clerk, reciting the above sentence | Lang's case, i8 Wallace, 16, and is binding | TO ADVERTISERS. Advertisers are urgently re- quested to hand in advertisements the day prior to publication, in order that insertion may be as- sured. Want advertisements will be received up to noon of the day of publication, precedence being given to those first received. petitioner would not be entitled to the writ | Row, although the other six months were in excess of the lawful power of the court and | void. The very eminent counsel who represented the petitioner in Tweed’s case, 60 N. Y. must have taken the same view of the law, as they delayed making application for his discharge upon habeas corpus until after the expiration of so much of his sentence a: was legal. it follows, therefore, that if the | six mont isonment imposed by the ; court for non-payment of the fine was ille- | gal and beyond the power of the court to | impose, still the petitioner would not be en- titled to the writ, as the first six months which the court had undoubted jurisdiction to impose had not expired. No Doubt of the Court's Power. But I think there can be no doubt about the power of the court to add the six months for the non-payment of the fine un der the act of July 23, 189, which contains @ provision in the following language: “In all cases where the said court shall impose the fine it may, in default of the payment | of the fine imposed, commit the defendant | for such a term as the court thinks right = Proper, not to exceed one year.” It is argued that the act ereating the penal | which had been imposed upon the petitioner | Was enacted after the act of 18%, and that the section quoted does not apply. But that section is general, and the language is enough and necessarily includes all fines |imposed under laws thereafter enacted, as well as those existing at the time. Nor | does there seem to be any reasonable | Sround for the distinction made by counsel | that it was intended to apply only in cases | where the only penalty was a fine, and not | fine and imprisonment. There is no | language in the act which can be construed | to restrict it in such cases. Even without | the ald of a statute expressly conferring the Power, it has been held by the Supreme re ; eren ‘ourt that the power is inherent in the court to imprison as a means of enforcing | the payment of a fine. Ex parte Jackson, %U. S., 737. la seventh ground of the petition is the mittimus commits the petiti an alleged officer unknown o the low, | to wit: The intendent of the W hington | work house. The work house is a depart- ment of the asylum, and the officer is called in the law the intendent of the asylum; but | he has charge of the work house and cus- | tody of all its inmates, and even if he be misdescribed in the mittimus, that would | Not affect his power to hold the petitioner | under the mittimus. ' The Infamy of the Punishment. This leaves for consideration the eighth and last ground alleged in the petition, to wit: That the punishment is infamous, and | therefore the Police Court had no jurisdic- | tion of the case, because. of the constitu- | tional provision that “no persons shall be | held to answer for a capital or otherwise infamous crime uniess on the presentment or indictment of a grand jury.” That the punishment in this case Is in- | famous is sought to be established by the case of ex parte Wilson, 114 U. S., 417. Wi son was convicted of counterfeiting gov- ernment securities, the penalty for which, by the statute, was a fine of $,000, and im- prisonment at hard labor for fifteen years, and he was sentenced by the court to pay such fine and to be imprisoned at hard | labor for shen years in the Detroit house | of correction, an institution coi ni jin its system of labor and coninement se an ordinary penitentiary. The Supreme Court heid this to be in- famous punishment. In the opinion there re expressions from which, taken alone, unmodified by the rest of the opinion, an inference might be drawn that the court intended to hold that confinement in any institution where labor may be required of @ convict for any period of time should he jconsidered infamous punishment. But | when the whole opinion .is considered in the light of the fact of that particular case, it Supports no such theory. Indeed—in the | course of the opinion there is a quotation from Chief Justice Shaw, considering the | Same question in another case, in which, | after reciting the kind of labor and the cir- | cumstances under which it should be ren- | @ered in order to constitute infamous pun- | ishment, he says: “Some of these a convict | in the house of correction is subject to; but | the house of correction, under that and the | various names of work house and brides- | Well, has not the same character of in- \famy attached to it.” And Mr. Justice Gray, who delivered the opinion in the Wi json case, guards against a misapplicati: | of that decision by saying, “Deciding noth- | ing beyond what is required by the facts of the case before us, our judgment is that a | crime punishable by imprisonment for a term of years at hard labor is an infamous crime.” In the case of this petitioner the statute does not prescribe hard labor as | part of the penalty, and the sentence of the | court does not impose it, and to hold that because some labor may be required of the | petitioner while an inmate of the work |nouse renders his punishment infamous would be carrying the doctrine to an © tent not authorized by the decision in the Wilson case. 1t follows that if the petitioner were be- fore me upon a writ of habeas corpus he could not be discharged, but would have to be remanded, and therefore the prayer of the petitioner for the writ must be denied. ——— CAPT. HEDBERG’S DEATH. | The Inquest F: to Attach Blame to Lieut. Maney. At the inquest held yesterday at Fort Sheridan over the body of Capt. Hedberg, shot by Lieut. Maney Monday in a quarrel over the former's wife, as published in The Star yesterday, the jury returned a verdict to the effect that Capt. Hedberg had died from a wound inflicted by Lieut. Maney, but placed no blame on the latter. The first witness examined was Private Alfred Troget. He said: “I saw Capt. Hed- berg and Quartermaster Maney standing near the stables, and from the loud talk I | thought they were quarreling. Maney ha@ his pistol in his hand. Finally Hedberg struck the quartermaster in the face. Maney dropped his pistol to an angle and fired, Hedberg fell and died shortly afterward.” Cc. F. Johnson, private, gave the same testimony substantially. The direct cause of the shooting is sald to be the attention paid by the gay Meuten- ant to the young wife of Capt. Hedberg. It is said that the captain caught the pair in a compromising position a few ‘ago and then threatened to kill Lieut. Maney |on sight. The two met near the cavalry | stables about 3 o'clock Monday afternoon and a hot dispute ended by Maney drawing revolver and shooting Capt. Hedberg im the groin, inflicting a wound from which he died an hour later. In 1881 Mrs. Hedberg, then Jennie Rob- bins, was one of San Francisco's belles. Beautiful, and especially accomplished as a musician, she had many admirers. The young woman was an only child. Her mother, a wealthy widow, indulged her every whim, although maintaining paternal authority respecting the many wooers who sought her daughter's hand. Capt. Hedberg | was then in San Francisco and became one of her most ardent suitors. That he was | fully twenty years her senior discouraged him not, but this fact, coupled with other matters, did exercise the mother and she | promptly protested against the matter go- ing any further. One night, so the gossip goes, after some- thing of a scene the loving daughter was | locked up in her room. In the morning she Was gone and an open window betrayed the manner of her flight. Her marriage with Capt. Hedberg followed. The couple came to Washington, where in the society of the capital they soon became widely and favor- | ably known, After a few years in W: - jton Capt. Hedberg’s duties took him to | some of the lonely frontier posts of Dakota and Montana, There his wife, who was undoubtedly greatly attached to him, was his constant companion in all the hardships that army men’s wives are often called on to endure. Mrs. Hedberg’s mother, who afterward be- | came somewhat reconciled to the marriage, still resides in California. > — Roasted to Death in Her Kitchen. | Mrs. Theresa Krause, fifty-two years old, | wife of Frank Krause, and who for fifteen years has been an invalid, was burned to death at her home in South Attleboro’, Mass., Monday evening. She was singeing a chicken over a fire in the kitchen, when her clothing ignited and she was roasted to death,