Evening Star Newspaper, February 23, 1894, Page 5

THE EVENING STAR, FRIDAY, FEBRUARY 23, 1894-TWELVE PAGES. ANew Dept. At The Palais Royal, Hair Dressing Department. The engagement of [iss Anna Wiles, eight years with Mad. Prandi, assures artistic work, polite and | intelligent attention. The) Palais Royal scale of charges: A Word to [len. | Gentlemen will not find a more complete furnish- tng department than on our first floor, to left of G street entrance. Bret seen new styles are ‘al. Tomorrow's dis- wide ends—the regular -Anotner price surprise fs 13e a yair for Saperior Quality Fuil Regular Made Half Hose, ia warranted fast black, English tans and ordinary dalb: While uot ‘worth 25e, they would be| “PalaisRoyal” Gloves. | Peay sang Seg ee. Koyal prices for Best Gloves are less than of course, the fasbion- with big black pearl but- Gi for Misses, among are Foster and 4-button Kid Gloves. Experts here to fit these Gloves at our risk. Handkerchiefs— are just as they game from the Sshwives and nouns of la ielle dozen Ladies’ Handkerchiefs, with bemstitcbed border. 2c value ve seen the stockings that are good value at 15¢ a pair, and, of therefore determined Ribbed strienne Tight quality for ae eee secured by New York this week—only just ar- oo, Shoes— Reduced 9 styles 6 styles prices of Ladies’ Winter Shoes duced inelinde: at $2.91, F from $3.97 pai from latest ind best, inc! American styles, are in the above Miscelianeous— A glance here and there at the little additions Feguired for your s jet: at this uew of Roses at 15e bunch. Note the three fees, ‘tiree buds aod pleutiful foliage. Brighten your winter hat for’ Sunday and be credited with either a new one or with at the the big for how little the Note t lots. z 184, :Ra3 uy wee E 8 | ‘as be 35e te paid—not if you select at the dressed Palais Royal, The very latest Paris and London Spring Style Capes, Jackets and Suits at less than cost of materials. © We do not lose a cent. The explanation is ws M. SECURE MODEIS THEY CUPIED IN THEIR: IF “A GARMENT CON i texture PR AND ANOTHER GARMENT MADE THAT. WHILE PRODUCING SOMEWHAT THE EFFECT. 38 EVERY WaY LESS EXPENSIVE... .IT HE 'PENSIVE Ex GARMENTS THAT HAVE THE PALAIS ROYAL “Bl The Capes. $s to $15 for a few dozen one-of-a-kind Spring Nov- elties, in cloth and moire silk. Fac similes of im- ported garments, worth up| to S25. | The Suits. $9.98 for choice of latest Paris and London style! Spring Suits worth from $15 to $35 each. The Jackets. $4.98 for choice of equal- ly fashionable Spring Jack- ets worth from $9 to $15. Last Surprise. The most approved spring dress fabrics at price reduc= tions. DRESS FOR §$p.50. (Worth $11.00). | FULL PATTERN OF ANY $1.25 FABRIC. AMONG WHICH ARE THE NEW AND BEAU: | UL SILK AND WOOL POPLINS. THE SILK AND WOOL CHECKS, THE “WOOL EN: = CHECKS AND THE SILK AND WOOL) IAGONALS......THE LININGS. FREE OF EX-| br) CHARGE. ARE 6 YARDS OF CAMBRIC, 2! YARDS OF SELISIA, 1 YARD OF WIGGEN. DRESS FOR $5.50. __ ANY WHICH Is SATIN BERBER. ILLUMINATED | SATIN VIRGOREUX AND THE ENGLISH SILK AND WOOL DIAGONALS. DRESS FOR $3.78. (Worth $4.50.) THE LININGS AND CHOICE OF 500 FAR INCLUDING THE PLAIN COLOR EN- | LISH SERGES AND THE “FANCIES” IN} 'HECKS, &e. Palais Royal, A. Lisner, G and 11th Sts. ALL Big Sale of “Odd Sizes,” &c., At Burt’s Shoe > Store. When we “clean up” we clean up it is very likely, you will save almost enough to buy another pair of Shoes. Have You Small Feet? Here is = lot of Ladies’ Fine French Kid Button Boots, which sold for $6 and $7 per pair. Narrow and common- sense toe, medium and light soles. Notice the ridiculously tow prices: Size Width Price Size Width Price 2 AA —— 1 B $1.0 2% AA —— 1%B 130 3B AA — 2 B 20 3% AA —— % B 250 4 AA 3 B 3.00 ie 1 © 1.00 a°2% —$ 14% C_ 1.50 2% A —2c¢ x2 a A 3 C 225 Be A —— 2 D 3.00 1% E — ™%D 3.0 2 8 —— 8 D 3% Note the sizes carefully, as these are the only sizes we have at these low All Sizes In This! 1 lot Ladies’ Fine Dongola Button Boots, in 3 styles, opera toe, with patent tip, and common-sense toe. Worth $3.50 and $4. Only $2.90Pr. Rare Bargains in hildren’s Shoes. 355 pairs of Children’s Shoes inelud- ed at this sale at reduced prices. Fine $3 Kid Button Shoes, plato toe, and Fine Calf and Goat Button Shoes, tipped. Nearly all sizes and widths.—Chance of the year! Were $2.50 and $3. Now $1.35 & $1.85 The Burt Shoe Store, 121d F St. All Turfmen Agree That The Best Harness, ———— The one embodying in the highest degree the points of beauty, durability and ——— Strength, is sold by LUTZ & BRO., 497 PA. AVE., ard is known AS THE “CONCORD.” fe23 The Passage Of duty on IMPORTED customers the benefit of the will (conceded to be one of the finest in ONLY, DURING THE NEXT TEN bays! The Wilson Bill fll see a reduction in CHINA; we intend to an- teipate that by giving our ed tariff reduction, and we offer on all our imported stock the United lates), A REDUCTION OF 15 PER CENT, FOR CASH Prices of our Imported Decorated Dinner Sets range $500. fons; there's a vast variety to se- lect_from. 7A lovely exhibit of Domestic ‘and Imported Heavy Cut and Thin Glass. J. W. BOTELER & SON, China, Glass and Housefarnisbings, 923 Penna. Ave. fe Good Bread is a Luxury. “BURCHELL’S BEST” flour and you will always have the whitest, the lightest and the sweetest bread? It_combines the virtues of ‘Minnesota . We F ST. N.W. fe23 Choice Groceries and Table Luxuries. a We Have Tru nks —that are absolutely non-smashable. We sell them for $9 and $12. Here’s One At $4.98 —that will outlast eny $6 or $8 trunk on the market. Has flat top— is canvas-covered—has iron bottom, eel clamps, full covered tray, Excelsior” lock. Trunk Strap and name marked ee a t i on't free. T7 We do all sorts of trunk Teptiring. Kneessi, 425 7th St. <. 2 Ss | You Can Buy : Agate Ware At Reduced Prices bay i iy. Every is veduced—Sauce and » Coffee and Tea Pots, ettles—and cooking utensils Of every sort cea AGATE SCKETS. 0c. size, 30c. de. $1.00 $1.20 Crockery,&c., 1205 Pa. Ave. One Thing “Do ——— And you are apt to do that best,"” is erticeienty applicable to business. We handle Corsets ouly—give all our time, energy and thought to them. Know where ail are made, which are best, and it stands to reason we should suit you best and give you the biggest barguins. We retarn the money for every pair uot proving sat- —— fstactory. Corset Store, Whelan’ 1003 F St.N.W. NoBranch. = fez B-u=-t-t-e-r is our business, and we attend to it. We don’t uliow any merchant in Wash- ington to bay lower than us, because we won't allow Fecble ‘aetuauy "donde “that we’ cam eo Sa Lae — 40c. Creamery Butter re is] -! lyster, ready to prove it. Ses , oth & Pa. ave. ’Phone 271. at Stylish Women Attract attention EVERYWHERE. Gowns are never at- tractive or stylish if they are “slovenly” In the slightest des Send ti HERE and have them “done equal to “new? without injury. Reasonable prices. [Drop a postal. Our wagon will call. eae z Anton Fischer, 329 'ii-Se Edmonston | i i WOODWARD ‘,, LOTHROP, 10TH, 11TH AND ¥ STREETS N.W. —e— CLOSED DURING THE MOODY MEETINGS AT 5:30, EXCEPT SATURDAY. —e— CANDY DEPARTMENT—BASEMENT. —_o— Tomorrow—In Infants’ Department, Another Hundred Dozen Children’s Gingham Dresses At 19, 25 and 35c. Each. 50 dozen Gingham Dresses, in neat blue and pink checks and stripes, “Gret style, with 25 dozen Gingham Dresses, checks and stripes, | “Hubbard” style, full frills over shoulder and neat braid trimming... 2d floor. —-. On Sale Tomorrow Second Installment of First Quality Gray Steel Enameled And Blue and White Wares At a Quarter to a Half Less Than Usual Prices. We were glad to get this second lot of first quality goods to sell at less than is usually asked for second quality. First lot sold in two days. All the kinds here that we had then, You can get an idea of the assortmenf from the following: Gray Steel Enameled Ware. OUR 1%4-qt. Oatmeal Bollers. 2-qt. Preserve Kettles, B-qt. «at. B-qt. eat. Sat. Ssbeussaas ae 2% dozen Gingham Dresses, neat pink anf blue! lubbard’’ style, full sleeves, well) made ... Be. Also a lot Colored Short Coats, spring weig’it, tan, blue and gray mixed goods, mings ....... . Blue-and-White Ware. REG. OUR PRICE. PRICE. 7 Te | [oa a Imported & Domestic CHEESE. 8 IN EVERY VARIETY OF Fancy GROCERIES, we carry the largest stock, the mewest stock and the FRESHEST STOCK of cheese of all kinds. © Our low prices make them sell rapidly. Gruyere @Gwiss Tmp.). Camembert Cheese. | Fromage De Brie. Neufchatel Cream. "(in stone ‘Sare)e | Pea fare Deviled Cheese. | club House. | Waldorf (orandy cheese). | Truffie. i f | Parmesian (italian) (by neat, pound and bottles, grat- ed). Roquefort (French). Pineapple (large. | medium and pic- nic). | American Dairy. English Dairy. Sap Sago. G. G. Cornwell & Son, CHOICE — AND TABLE LUX- RIES, 1412=1414 Pa. Ave. fe23 ae. THE DISTRICT'S CASE Briefs Presented in the Case of the Metropolitan Railroad. VIEWS OF MR. BIRNEY AND MP. THOMAS The Grounds Upon Which the Government's Case Rests. BEFORE THE COMMITTEE The conclusion of the hearing before the House District committee yesterday on the ‘bill giving the Metropolitan Railroad | Company authority to put down the un-| derground motive fystem on th street | Was that briefs should be submitted to the | committee by the attorneys representing | the government and the company as to the Propositions made. The brief of United States District At- torney Birney was submitted to the Dis- | trict committee this morning. It is as fol- lows: “In the matter of the Metropolitan Rail- road Company. Memorandum of authori- ties on the effect upon the pending pro- ceedings for forfeiture of charter by the passage of the proposed bill. “The proceedings now pending before the Court of Appeals upon appeal taken by the United States is based upon two grounds: “1, The failure of the company to pay the cost of paving between its tracks, as ee by the fourth section of its char- er. Its failure to comply with the act Boys’ and Children’s CLOTHING Ages from 4 to 15 years. One lot Dark Gray, Pure Wool = = = = = $1.90 One lot Light Gray == $1.65 One lot Sawer Cassi- mere = = = = = = = = $2.25 One lot Dark, Neat Patterns = = = = = = $2.50 One lot Cheviots - = - $2.65 One lot of Men’s Irish Frieze Ulsters, manufactured to 10-in. Mixing Spoons 12-1n. Mixing Spoons. Gth Mloor.......se0e The Fourth 1-qt. Oatmeal Boilers. . .70 80 1.15 33 3S 35 65 3 16 2 30 20 85 23 40 28 “45 35) oO 0; 25 15 20 20; 35 23 24 1s 2B 28 40 27 as 12 00 a 70 55 85 CT 10 08 12 09 ++s/11th st. building.) Floor Report For Tomorrow is Unusually Interesting. PICTURE, TOY AND TRAVELING GOODS DEPARTMENTS HAVE ALI, RESPONDED AD- FR MIRABLY TO THE CALL FOR VALUES OUT € DF THE ORDINARY. THE PICTURES will be readily recognized as borgains. Such prices are made possible by our modern merchandising methods, OUR TOY DEPARTMENT is an all-the-year-around one. ‘This for the convenience patrons. THE TRAVELING GOODS boast of features that make them popular. made of the best material and in the best manner possible at “he price. Picture Department. Choice Engravings, 11x14, in neat white enam- eled frames, ribbon pattern. . oe CBee display in 10th st. windor Steel Eugravings, 16x20, framed in a new pat- tern of white-and-gold moulding, with deeply cut ornamentation. . GFSce display in 10th st. window. Remarque Proof Etchings, each one signed by the artist, framed in two-inch hand-polished oak moulding, with neat steel lining ©7See display tn 10th st. window. Etchings, 14428, each one signed by the artist, framed in # rich pattern of three-Inch white- and-gold moulding, ornamented. zi CrSee display in 10th Artotype Engravings, 20x24, twenty-ons sub- Jecta, white-and-gold frames, with ornamented 690 G78ce display in 10th st. window. Engravings, 20x24, new white-and-gold frames, with ornamented corners... 7See display in 10th st. Hichings, 14538, signed by the artists, dory $1.95 WATER COLOR PORTRAIT, $2.45. Artistically executed from a photograpa of any kind. ‘Three-quarters life size. factors Mkeness guaranteed. CRAYON PORTRAIT, §1.45. Size 10x20. From any style photograph. A per- fect likeness guaranteed. (4th floor. A perfect and satis- | Bisque Baby Dolls French Dolls, jointed body Binck Paper Dolls, long dresses. Paper Dolls, in sheets, to be cut out. Doll Furniture, to be cut out. “Halma,” the great home game |. “Parcheesi"’.. /“Oulja’’ Board Fish Pond Games. Conversation Cards. eee clos Boys’ Department. The word “special” with us means something \ urusualtn other words, we have an | cle or articles oa sale at a price whieh, | fatr conditions of weather, &e., will seil the lot fu | a day. Just fifteen dozen Boys’ Extra Pants of good | cheviots and cassimeres, in various patterns and qualities. Sizes 4 to 15 years. Usual price, $1.00. “Special” price... feestes~ 5s Tricot Saits, strictly | About a bh wool and guaranteed, fast color. A little fin quality than our ordinary $7.50 Tricot Suit. Sizes 6 to 15 years. “Special” price... ++ -85.00 Sixty Cheviot Suits, perfect fitting, gocd, stro: material, Three kinds—-one all wool and worth $5.00; the other two nearly all wool and worth All sizes. “‘Special"’ price | Boys’ Shirts (full length shirts) in cheviot and flarnel 30, Se. and $1.88 Spring Reefers, navy blue flannel, trimmed with black braid. Sizes 2 to § years....$2.50 and $3.00 ‘A tablefal of Black Worsted apd Blue Cloth Rimmed Hats, silk sewed, satin Mued. “Usual” price, $1.00. “Special” price. cts wes ‘Twenty dozen Pretty Lawn Fauntleroy Blouses, white, sizes 3 to 8 years. “Special” price... .50c. ..10th st. building.) a Book Department. Harper's for March out today contains a story by Mary E. Wilkins, part three of De Maarler's great story, ‘Tribby,”” with fifteen illustrations by bimself, and other good numbers S Mrs. Carlisle's Kentucky Cook Book, 250 pages, containing the best and most reliable housebold recipes, many of them never before published. Printed on calendered paper, alternate pages blank for the pasting or writing of recipes or cook- ing suggestions under their proper heading... .#1.50 (Basement......seseeeceeeeee ++-11th st. building.) of our Each Trunk and Bag is Checker Boards “Happy Hour” 9 Dominoes ... retail at $14 = = = = $5.65 ne lot of Boys’ Suits, 13 to 19, strictly Pure Wool, Double= breasted = = = $6.40 Ce) = See Samples of these! goods in our windows. [EDLANDER & BRO. Ninth and E Streets. it Sesorocsocooosoooooosoocs 4 sBright Eyes— i 3A Clear Complexion $2: = 8 only possitile to persons of rug- na * ged ‘a 4 Poker Chips, howe fu i Deine eee gOtterburn Lithia Water‘ oe es . *** cnature’s own physician—regu me ler Skates, all sizes | and Uolids up the entire spsten ‘olumbian™ Extension Stores lost appetite ao Extension Roller Skates... $1.25) & (A 3 (tn Boa. ++.10th st. building. oe gf Meg 5 +d ‘ Rando te ah inctiving enien? Higtie i Traveling Goods Dept. 3 docsed iy feline pit cictane. intro: & Dress Truuks, canvas cover, sheet steel bottom, | 24 Melivered, sor only Zoe. JUST HALE 2 deep tray, hat box, irom binding, hard wood slats, THE PRICE OF OTHER LITHIA 23m B04 ain ein, 86 in. | & Bar A 4 | s2.45 § an = oem 3H. E. arrett, Agent, 2 Our new Square-top Dress Trunk, canvas cover, | @Shoreham Drug Store, 15th and H three 14-in. hinges, doable sheet steel bottom, | $2nt,brew's Drug Store, Conn. ave, and L st. 4 | braas * Isior"’ lock, heavy lock bults, Atruns | © ECSOOSIOGS SUC PODIOSOSOEDE Lier clamps, hickory slats, deep tray, with hat | — - x. 28 in, 30 in, 82 in in, 36 in. $3.95 $4.50 $5.00 $5.50 $0.00 38 in HE SENT Our “Capitai” Dress Trunk, two brass “Excel- stor" locks, eight epycial steel railings, four hinges, two Hagney bolis, four hickory slats on top, three en bottom and two all around body, covered tray and bat box. | 28 tm. 82 In, 36 in, ae exile aed 3 $0.00 $7.00 Suit Cases, hand sewed frame, patented brass lock, ng. in $5.00 $5. Club Bags, best quality grain leather, Japanned fran lining, nickel-plated 190 11 in. 12 in, 14 in. | Se. 91.25 $145 | 15 in. 00 CFA strong strap tz GTronts rked | Gith floor. ++.10th st. buildiag.) ae | Men’s Department. 30 dozen Nev Four-in-Hand and Knot Teck Scarfs fa a no Weave, Nght and dark col- A POSTAL —to the Yale—they called for his laundry promptly —washed it clean—ironed it right— didn’t tear it to pieces —never fost a thing— sent it back ‘‘en time.” He is simply another Customer ‘for life.” Same thing happens every day. YALE Steam Laundry, MAIN BRANCH, 514 10TH ST. "PTIONE 1092. ay PLANT, 43 G@ ST. N.W. orings, any scarfs we've ever 50, id Gloves, cable se + Sood value at . the special pri To help you pi | to close ont certain numbers we offer a lot of | Ww Merino Shirts and Drawers that were 871ge. | ‘Bde. | ‘atural Wool Un- | | dorwear that was and $1.50 are now. .$1.00 SOE DUAR iso ke seineevsevesistcesinians! 1007 F st.) Misses’ Department. A special lot Children’s Domestic Gingham Guimpe Dresses, neat patterns, rutile over shoulder, trimmed with embroidery, sizes 4 to 12......76e. | Fine Pink and Blue Chambray Dresses, shirred | waist, full “empire sleeves, elaborately ‘trimmed $2.26, White India Linon Guimpes, tucked Yoke, full bishop sleeves, neatly trimmed with embroidecy.25c. White India 1 Gutmpes, lace yoke, — full sleeves, trimmed with embroidery... -50e. Children’s Blouse Waists, white and delicate shades of pink and blue, large sailor collar, em. broldered ruffle, sizes 6 to 12......81.25 and $1.50 Children’s Wool Cloth Reefers, cardinal and navy, rolling collar, trimmed with white or black braid, sizes 4 to 14.. +$1.25 Wool Dresses for school wear, serge, 1, ete., the latest spring styles, lined throughout, sizes to 14. +-$3.75 and $4.75 Children’s Cotton Under- wear. Good quality Muslin Gowns, ouble yoke back.. Good quality Muslin Gowns, tucked yoke, % med around neck and sleeves with white or color- ed embroidery . Good quality Muslin Gowns, yoke of fine ruffle of Hamburg around neck and sleeves, ed with featheredge braid (2d floor. . Hubbard” style, 300. Woodward And Lothr 10TH, 11TH AND F STS. N.W. Lenten Goods. ‘Hub’? Salmon 25c. Box. *** ‘These goods are put up in one. Xes—delicious, either broiled ‘e Ri culmon, Be sat quarters for Choicest RIES of . Box of 25 Pine Ki F ‘est Cigars, $1.25—only few left. .Donnelly’s cor.14th &I sts. i ;, fez3-e0 ‘i i Physical Culture Corset Co.’s Finest Is the famous “CLASSIQUE” CORSET. It's the nearest to perfection that the corset-making art can reach. It fits per- fectly, is comfortable, beautifully shaped and inade of the very best materials. Fine Coatil, in drab, ecra and white. A favorite with all who have worn them. 1107 G St. ("° Sete _fez3 Aa eeesaneeeesesseeenaseenans > jSpring Lamb, Fresh Mint, Green Peas =are among the many new “TABLE DELICACIES” just received. We make a specialty of DINNER PAR- TIES. EVERYTHING THE CHOIC- EST. TFReascrable prices. Write telephone. { CottageMarket,818 14thst} feet ieevyveweceweve rowers! Specimens of Colonial and Early English Furniture, Comprising Tables, Secretaries, Book Cuses, Dressing and Work Stands, Mureaus, Chat: &e., &c., at GREATLY REDUCED Pric! A handsome exhibit, and one you should in- spect. Repairing made a specialty of. . WARTHER, 725 13th St. or vevewy . . . . of March 8, 1891, requiring the payment within eighteen months thereafter of the full amount of the then reversed judg- ment of the Supreme Court, D. C., for $147,- 750.05, with interest and costs. It is conceded by counsel for the United States that the above recited act of 18¥1 is void, and this second ground of forfeiture cannot be maintained. The first ground—The company ed one Ad e a > way Company vs. District, 132 SD. Some Condition Needed. “For myself I do not see how the pend- ing bill can be passed in any form without waiving the causes of forfeiture provided by previous legislatin. It seems to me the only thing to do Is to pass the present bill with @ condition that unless within a specified come effectual by the enactment of a sub- Sequent general statute which in its effect, though not in general terms, extends the franchise.’ (Booth on street railway law, page 68.) Some Authorities. The California civil code (section 592) pro- vides that the work on a street railway ™must commence within one year from the date of the ordinance granting the right of way and filing the articles of incorporation, ad the same must be completed within three years thereafter, and that a failure to comply with these provisions works a forfeiture of the right of way as well as of the franchise, unless the uncompleted por- tion is abandoned by the corporation with the consent of the authorities granting the right of way, such abandonment and con- sent being in writing. < Said Sharpstein, justice: “In this case (People vs. Los Angeles Electric \y> 91, Cal. 388) there has not been any adjudi- cation of forfeiture. Therefore the act rati- fying and confirming the ordinance grant- ing the franchise to the defendant 1s not an act remit the forfeiture, but is, in our opinion, an act waiving the forfeiture. It certainly is an act showing an intention on the part of the state that the franchise shall continue in existence, and such an act will be considered an absolute waiver of any existing right to enforce a forfeiture of accept its charter upon the condition that it should be Mable to the payment of the cost of the work in question. It has, therefore, no standing to complain that it should be now required to perform that condition. That it is a condition of corporate exist- ence that all acts required to be done shall be substantially performed, is settled. Chicago Life Insurance Company against Needles, 11%, UL. 8., 574, 580. An early case upon this subject was thet of Thompson against The People, 23 Wen- dell, 558. In delivering his opinion the President of the Senate said: “This great and statutory principle of preventive rem- edies requires a strict observance of the conditions of public — and an equally strict enforcement the penalty for their non-performance, even though that penalty be a forfeiture of the franchise granted. If the law abhors a forfeiture, it abhors still more the continued enjoyment of valu- able franchises in deflance of the laws creating them or a non-performance of the condition originally granted.” asa Waiver. That any recognition of this company by Congress as an existing corporation will imperil the pending causes, and be used to defeat them, is plain from inspection of the pleas depended upon to defeat the in- formation on the ground now under con- sideration. Those pleas are: 1. Waiver of the causes of forfeiture by the passage of the act of June 11; 1587s, providing that all street railroad companies shall pave between their tracks, etc., and that upon non-payment of the cost thereof | certificates of indebtedness shall issue against their property. (Rec. 17.) 2. Waiver of causes of forfeiture by pas- sage of the act of March 3, 188%, requiring grooved rails to be laid, &c. (Rec. 1S) 3. Waiver by passege of the act of August 6, 1890, authorizing an issue of stock to cover the cost of change of motive power, and requiring such change within two years. (Rec. 19.) 4. Waiver by the passage of the act of July 22, 1892, extending the time for change of motive power. (Rec. 20.) An inspection of these acts will show that no one of them indicates, in any way, any intention in Congress to waive anything; the causes of forfeiture are not alluded to, nor was the matter discussed (so far as I can ascertain), and yet, upon the hearing before Justice Bradley, it was strenuously urged that the mere recognition of the charter, as of present existence, constitut- ed a waiver of the forfeiture, although no legislative intent might be apparent; that is, that Congress might not, on one day, recognize the corporation as such, and cn the next adjudge that at the time of such recognition there was no charter because of acts of forfeiture. Judge Bradley's Decision. It was on this ground that Justice Brad- ley decided against the government. He quoted from Morawetz on private corpora- tions, section 1029, as follows: “A grant of new’ franchises to @ corporation is clearly @ waiver which will debar the state from that any act of the new showing an intention on the part of the state that the corporation shall continue in existence company’s franchises.” The pending bill the present existence of the corporation and confers new rights and imposes new upon it. This must necessarily be inconsistent with proceedings which upon the assumption that the forfeiture is complete; that there is no charter and no lawful com- pany, and seeks the judicial declaration of that condition. And the suggested proviso that this clear recognition of the = tion shall not be a recognition of that cor- poration, I submit will be ineffectual to prevent the effect of recognition. Lack of time within which to examine the legal decisions bearing upon the subject prevents a citation of judicial authorities. Respectfully submitted, v 7 A. BIRNEY, J. 8. Attorney, D. C, February 23, 1894. ¥ Mr. Thomas’ Brief. District Attorney Thomas today submit- ted to the District committee the following brief: In the matter of the Metropolitan Railroad Company. Brief for the House committee on the District of Columbia. It has been said that an author posed to be consistent with himself; there- fore if in one place he has expressed his mind clearly it ought to be presumed that he is of the same mind in another place unless it appears that he has changed. The _work of the legislature is treated by the courts in the same manner. It is the func- tion of Congress to express the national will be means of statutes, and as far as possible those should be consistent with every other which it does not in express terms modify or repeal. It is proposed by Counsel for the railroad company to amend the present bill, because they seek to have favorably considered with, a proviso that the passage of the bil! shall not affect pending proceedings to forfeit the charter of the company. It is eye it seems ny that such a roviso is repugnant to the enacting clause of the bill, and if adopted will ‘reoalt in a complete waiver, and implied repeal of previous legislation authorizing the forfeit- ure of the rights and franchises of the Met- tropolitan Railroad Company. The Effect of Provisos. “In this connection it is proper to ex- amine briefly the effect of provisos in stat- utes. The effect of a proviso which can have no existence separate and apart from the passage which it is designed to limit is to restrict the passage to which it is ap- pended and not the whole section or act, or at least only the section with which it is incorporated, (Spring vs. Collector, 78, Il, 101; Lehigh Co. vs. Meyer, 102 Pa. st. 479). The passage of the bill with the pro- viso proposed would not only be a recogni- tion of its corporate existence, but a waiver of previous causes of forfeiture. ‘There can be no doubt that the cause of forfeiture occasioned by the company’s failure to comply with the act of Congress of March 3, 1891, requiring payment within a speci- fied time of the judgment that was render- ed against the company for $147,730.05, with interest and costs, was waived by the sub- sequent act of Congress of July 22, 1892, extending the time for the change of the | company’s motive power. The second pro- | ceeding to forfeit the charter, which is also pending, is based upon the company’s fail- ure to comply with the act of Congress of July 22, 1892, directing a change of motive power. Unless Congress chooses to come to the relief of the District in this matter and require the Metropolitan Railway Com- pany to pay the money it owes the District as a condition to the legislation which it now desires, there is no way in which the District can collect the money. its must be sup- | defendant's franchise.” See also in re N. ¥. R. R. Co., 70 N. ¥., 827. ly sul 8. T. THOM. Attorney for the District of Colmabia, ————-2-_____ An Assistant Wanted. The United States civil service commis- sion will hold an examination on March 6, 1894, to fill a vacancy in the position of assistant, division of vegetable pathology, Department of Agriculture, at a salary of $720 per annum. Applicants for the pesi- tion should have a knowledge of the litera- ture on plant diseases and methods of in- dexing the same; familiarity ing and indexing matters bearing on the care of books, pam- Presons ‘com- phiets and letters. desiring pete should obtain application the civil service commission and be made large cities outside of W: males will be admitted to the received for ment receipts: customs, $47) The body of Dr. R. S. Addison, one of the, oldest practitioners in Chicago, was found ,last evening under circumstances which | leave no doubt that he committed suicide. DON'T IRRITATE YOUR LUNGS WITH A born Cough when a remely safe and Dr. D. Jayne's Expectorant cam be 60 cured. Sore Throats end Luags are helped by it. Funeral from Cross ruary 24, at 11 a.m. invited attend. Newport, Toads Church, Sai , Feb ee} Baltimore to BR. L, papers please BARKER. On Panera! will from her late 411 Warner Hg h A ee aS o'clock p.m. (Martinsburg, "W. Va, papers please cops.) * proceeding against the company on the | CAHILL. On February 22, 1894, at 130 ground of any prior forfeiture. It seems | sums HaNOwal CaBiLe legislature imposing May ber soul rest in peace. F atrect soutiwest, Saturday at © Slot m. Friev@s and "relatives cs vited. > Hauhier READIkG mEeiica. i Funeral private. > On 3 BY it 3 o'clock, 4 X aged fifty years, at his Tesldence, 1210 E street northwest. from above address Saturday at 4pm * NEALE. On February 22, 1804, at 4 Crclock pan, WARREN Te donot George We ite, 1005, + street Southwest, Saturday, F; 24, at ‘o'clock = RASNER. On ag No yr! ae i ‘clock a&.m., J pm. Relatives ROSS. Rev. JACOB ness, which he at j Vania avenue southeast, at 3p. SCAGGS. At the residence ¥. Conk Fairland, SCAGGS, in the eight . 1S ‘Sunday. ‘sister. ra. . On Thursday, 22, 184, at = Mrs. MARTHA WILKINS, widow of 1 ite Samuel Wilkins. Enxtered into rest. ° (Baltimore papers please copy.) Ww at 12:30 om Pairfe: WILLIAMS, wife 23, 1694, at We Mrs. KATE “Be Sone You Ane Riaz THEN GO AHEAD.” But first be very sure you areright; itisso easy 9 be deceived—you may be wrong and yet not know it. ‘When you go to buy a bottle of CARTERS LITTLE LIVER PILLS be sure you get “*C-A-R-T-E-R 9 then youar all right and can go abesd; you know their value; they neverfail, But dou'tforget ouria- Junction, °“BE SURE YOU ARE RIGHT." Besure you ask for “C-A-R-T-E-B - * Besure ouget “C-A-R-T-E-R’-S." Frauds and imitations ‘will put you wrong; don't i#t themdoit. Besureyoa eet the genuine CARTER’S LITTLE LIVER PILLS. A POSITIVE CURE FOR SICK HEADACHE. Small Pull. Small Dose, SmallPric, myBS