Evening Star Newspaper, April 17, 1895, Page 3

THE EVENING STAR, WEDNESDAY, APRIL 17,’ 1895-TWELVE PAGES. SPECIAL NOTICES. SPECIAL NOTICES. ‘THE MEDICAL AND PHARMACEUTICAL DE- partments of Howard University will bold their Aunual commueficement exercises on FRIDAY, the Ivth instant, at 7:30 p.m., in the Congrega- tional Church, corner 10th and G sts. Address to the graduates will be delivered.by Prof. Robert Reyburn, M.D. The profession and public are invited. apl7-3t THE CORCORAN GALLERY OF ART. The last night exhibition of the season will on FRIDAY EVENING, April 19, 1895, from 7:: till_10 o'clock. Admittance free. By order apl7-3t F. S. BARBARIN, Curator. WOMAN'S FOREIGN MISSIONARY MEETING, Metropolitan M. E. Chureh, tcmorrow, 10:30 a.m. ond 2 p.m. Nickel-plate luncheon, 12:20, fox benefit ited. 1t* be 30 of the society. Gentlemen and lad! CONSUMERS OF ICE WII find it to thelr advantage to send direct to the “Three Sisters” Ice Houses, above the Aque- duet bridge. apl7-tt IF YOU NEED A “RBRACER,” DRINK THE FINEST BEER BREWED— The famous MUNCHENER HOFBRAU BEER. Fiunous for its purity—deliclourness and rare medicinal value. Brewed of the finest hops and under the direction of the royal court at ives strength, makes muscle, tones up the system. An ‘deal beer to drirk. On draught ottles hee. Families supplied. TERS, COR. PA. AVE. AND 4% ST. apl7-16d NO NEED TO ASK IF THAT CLARET WE'RE selling at 25c. quart is bigh-grade—To-Kalon pro- ductions are ALL, HIGH-GRADE. Older clarets. up to 6vc. quart. ‘Take To-Kalon Claret with your bovinine; makes It twice as _yood a tonic. TO-KALON WINE CO., 614 14th. "Phone 99S. West Washington orders filled taroagh Manogue & Jones, 32d end M sts. n.w. alt- BAY! —don't you feel in need of an invigorating tonic? If so, try taking THARP’S OLD RE- LIABLE PURE Berkeley RYE WHISKY each morning. It 1s absolutely pure and Is in- dorsed and prescribed by leading physicians of this city. Only $1 full qt.; $4 gal. JAMES THAR aplé-124 HAVE BEEN ‘Trouserings as dian Home- ery garment home- Guaranteed satisfaction or as $5 and up spun Sultings, ¢ and honie-cut. mes back. H.R. BRADSTREET, ‘Custom Tailor,’’ +408 12th st., Opposite “Raleigh.” apl6-8d. SOME TAILORS’ GOODS ARE AS UNRELIABLE as April weacher. Those English Suitings of ours rellable"'—evers thread of ’em. richest and finest line yet imported. OWEN OWEN, lor,” 423 11th st. apl6-5d SHIRTMAKING IS OUR BUS ~and we are now de! efforts to it. There is oting our entire time and difference inthe shirts We make after your mersure and those that others “turn out." ‘The difference is in better quality and better fit—aord finish. $1.50 for a sample shirt—just to show you how well we make them. P. I. HALL, Shirtmaker, 908 F st. apl6-9d THEY CAN GE REMOVED. Many people go through life with the Idea that they are d to forever bear some lttle 2 mark or facial blemish, which mars their good looks «nd causes untold worry and embarrass- ment. There is scarcely a blemish that cannot be, removed. birthmarks, red veins, red nose, . freckles or eruptive ‘blood humors skillfully, permanently and painlessly removed. We will be glad to have you drop in and. alt with us, It. HEPBURN, Dermatologist, jertz building, cor. 11th and F sts. p16-13d LR. HODGRIN, DENTIST, HAS RESUMED PRAC- tice. 700 10th st. n.w., @ si i CLAFLIN OF ATL -» WILL, to receive ladies interested in subject of health of women at 1826 H a.m. VETERINARY. DR. BUSHMAN, 1210 Obio ave. Horses examined. ; OF THE held at the Courthouse, Ale: 10. o'clock a.m, TUESDAY, April 3¢ » for the purpose of considering applications for liquor Heense for the year commencing May t, 1895. apl2ct* CHAS. A.’TROUGHT, Chairman. FILED APRIL 2, 1895, J. R. YOUNG, CLERK. Pu o the provisions of sections’ one thou- sand one hundred and eizhty-eizht (1188) and ne thousand one hundred and eighty-nine (1189) of the Revised Statutes of the United States relating to the District of Columbia: I, William L. Wells, a manufacturer and "ven- der of mineral waters and other beverages, Ww allowed to be sold in bottles, do hereby ith the clerk of the Supreme Court of the fet of Columbia a description of such bot- and of the names and marks thereon, for urfose of protecting the same under the ‘The said bottles are the provisions of suid statutes. described as follows: All green seal bottles manu- factured to contain one pint and all other bottles manufaetu to contain beer, soda and siphon Lottles belonging to M. T. Bridwell, said bottles being. . T. B., 363 M street s.w., or M. T. . 363 M street s.w., or W. L. Wells, 363 M strect aw. hington, D. ©. ‘All pérsons are notified and cautioned not to fili with mineral waters or other beverages any such hottles so marked. or to sell, traffic in or buy the same. otherwise they will be prosecuted ac- cording to law, Given under my hand and seal at Washington. District of Colombia, this 2d day 1895. WILLIAM L. WELLS. LEW A true SRE WILLIAMS, Assistant Clerk. WE, THE SUBSCRIBERS, HAVE THIS DAY EN- tered into a lmited partnership, agreeable to chapter 17 of the Revised Statutes of the United States, relating to the District of Columbta, and do hereby certify that the name of the frm under Which said partnership 1s to be condacted is “Hoyle & Co.;"" that the general nature of the business to be transacted is the retail drug and pharmaceutical business, and the same shall be transacted in the District of Columbia; that the name of the general partner ts Henry T. L. Hoyle, and the special partners are George A. Drury’ and Samuel A. Drurs, all of the District of Columbia; that the capital contributed by said George A. Drury and Samuel A. Drury is $875 each in cash; that the perlod at which said ya nership is to commence is March 20, 1895, and that it will terminate March 20, 1900. HARRY T. L. HOYLE, Generni Partner. GEORGE A. DRURY, Special Partn: SAMUEL A: DRURY, Special Partner. mh25-cosw OLD AND SOIL SOILED GAS FIXTURES AND METAL goods of all Kinds refinished equal to new. Not painted over with bronze powder, but by same Hhethod as when originally, done ‘at factors. No charge for small repairs. Polishing and plating of all descriptions. ELMER H. CATLIN & CO., ap5-3w* OUR RIDING SCHOOL Gentral Power Station. Is now open for business. Track has been re- surfaced and put in fine shape; competent instruc- tors are always on hand, and you may be sure of Tearning to ride in “good form’’ if we teach you. ‘Ten lesson tickets for $2.00; single lessons, 50c. each; yearly ticket, $10.00; life membership, $25.00." Price of course ticket applies on pur- Chase of wheel, if you desire to buy a RAMBLER, GORMULLY & JEFFERY MFG. CO. mh6-14d. 25 14th st. n.w. CPEN FIRES.—FRANKLIN ES GIVE ALL the pleasures of an open fireplace with the heat of a stove. May be uscd with andirons or grate. 20 per cent ‘discount on Andirons, Portable Grates, Spark Guards, Gas Logs, ete, ‘Tile Shop, 520-522 13th PATTERNS OF THE FI v es received today. We bought They are the acme of Semi-invisible wide stripes. for $10 and $12. They are you a3 you read this come at one Not a single pair will be ye ish worsted coat and ves ing a c suit for $28.23. mplete NS & CO. If You Are a Business Man You Know the Necessity Of proving your statements. THE GAS-SA . to 40. per of ready to prove it. Well put home or business house on tri Ok und one ‘in If it doc Caverly & Co., 1418 N.Y. Av. apl7-18d Don’t LoseValuabie Papers! 5 led amid dozens of let- ae fhe PIeaY re pigeou . they m find what you want. voids all this trouble. It holds papers like book—has a separate pocket for initial letter—and absolutely dust-proof. Pr! € ete them. Easton & Po Rupp, 421 mth St. Priced Stationers. (Just above avenue.) td aplt If You’ve Never missed a lot of that comfort now. half You'li the patterns from_ the ductions of the son. We do ur sctisfaction, or you don't dozen. Frank Wells, | train’ 8! tmake: too Wedding 53-7 or 13 for $6.50. You e “We never disappoint. Invitations, our work from the engrave two-thirds more. Byron S. Adams, aplT-14d Cancers aps-3mo Prompt Printer, 512 11th st. nw. CURED WITHOUT THE KNIF Sanitarium, 1320 G st. n.w. CHARLES ALLEN, M. D. Talking To You! It is not a rediction—selling this Grand Black English Diagonal Cutaway Coat and Vest for $8.50. It ts simply our superior buying and selling. We have other equally good things in Suits and Overcoats. Not necessary to say money back, for we have 1ever refused. Spransy’s, 434 7th St. Weather tomorrow—cloudy and possibly showers. Established 1824. ‘The Oldest Lumber Firm in the District. No Sentiment About It! We want you to deal here because We can quote lower prices than anybody else. It is not a matter of sentiment or of friendship—every man should deal in the cheapest market, and ours is the cheapest lumber and hardware market in tits vieinity. We sell everything you could possibly need in the construction of a house and KEEP IT ON HAND ALL THE TIME. We propose to give you lower prices this year than ever be- fore. We Sell White Pine Laths at $2.50 per 1,000. Nobody else keeps them at all. Most lumber yards will try to sell you infirm laths Ike spruce and hemlock at $2.75 per 1,000—but they are far Inferior to our White Pine Laths at $2.50. Florida and South Carolina Cypress Shingles. © We sell the finest Florida and South Carolina Cypress Shingles, made far bet- ter than the North Carolina Cypzess Shingles kept by other yards. Here are the prices: : 4x20 Shingles, $3.50 1,000. 5x20 Shingles,|$4.50 1,000. 6x20 Shingles, $6.00 1,000. ENOUGH SAID! THE CHEAPEST BUY HERE! Established Frank Libbey & Co., =" “Lumber, Mill Work and Builders’ Hardware,” 6th and New York Ave. it BUY IN MARKETS! A Favorable Introduction. ‘The prime object of mercantile printing—hend- ings, cards, circulars, &c.—is to introduce the sender to the receiver and to mvke ov the latter ch a favorable impression as will be materially advantages cess in this effort demands GOOD printin Poor work only excites ridicule. T can give you what you should have. . L. MeQui Printer and Publisher, 1108-1116 E st. n.w. Telephone 820. We're Giad You Like Our — Way of Doing Glasswork —it must be that we have a “knack” of ing it better and different from others, else you wouldn't tell your architect to “let Hedzkin do the glazing.” We thank you for the appreciation. ly the way. if you would care to look upon the largest stock and the largest jates of glass that have ever entered Washington, drop in and let us show you through our warehouse. Chas.E.Hodgkin, 913 7th St. “PLATE GLASS EXPERT.” apl6-22d Shirt Cutting by Experts. Whether a shirt fits or not depends upon the cutting of the muslin. If the cutters know their business the shape is bound to be right. Our cutter has the proper shirt knowledge. He knows how to cut shirts— $1.50 for a sample shirt—6 for $9. Ellery & Ireland, Two Old-timers, 981 9th st. apl6-14d stall Dentistry ze T. W. STUBBLEFIELD, 11th and F sts. n.w., over Mertz's Drug Store. aplé3m ‘done on weekly and monthly in- THE MEETING ADJOURNED. Benning Citizens’ Assuciation Inter- rupted by a Shooting. 2 Regardless of the fact that there was great excitement in Benning over a shoot- ing scrape which occurred in the afternoon there was a good attendance at the C:tizens’ Association meeting when Vice President Mewshaw rapped for order at 8 o'clock last evening. The secretary and treasurer were absent, and after the minutes of the pre- vious meeting were read and approved Of- ficer Boland proposed Mounted Officer R. ©. Dyer for membership, and he was duly elected. The Benning road committee reported having had a talk with Commissioner Ross and other officials, who promised to see that Benning road is repaired in the near future, and also that the grade of the road from 15th to 16th streets is established so the Columbia railway officials could get to work at once and pave it. A report from the lights and sidewalks committee showed that Congress had ap- propriated the same amount of money for the coming fiscal year for street lighting that was appropriated for the current year and that for the present at least the pros- pect was bad for getting lights from the Eastern branch bridge out to the station. Mr. Mewshaw of the committee on prac- tical progress reported that he had received a reply from Mr. Vrooman of Boston, who informed him that the topic for discussio! in April is “The Enforcement of Law which, by a resolution of last week, will be handled next Tuesday night. Under the call for a report from the rail- road committee Mr. Broome reported that he had seen Foreman Disney, who denied the truth of certain charges made against Watchman Brooks. Chairman Milstead thought if the matter was pressed it would cost the watchman his place, but Dr. Bray- shaw was of opinion that ‘the committee should go ahead and do its duty in the premises. Being of the same opinion the chairman so instructed the committee, but at this juncture of the proceedings some one rushed in and yelled murder, saying a colored man had been killed back of the Methodist Church. Officers Boland and Dyer left and soon a call for Dr. Brayshaw came in, and soon thereafter the meeting adjourned. — Word was received from Weehawken. N. J., yesterday that the police of that place had arrested a man who proved to be Oliver Curtis Perry, the fugitive train robber. Nicotine Neutralized CHEW AND SMOKE MUAJOG POUCH TOBACCO. NO NERVES QUAKING. NO HEART PALPITATING. ANTI - =-NERVOUS. =DYSPEPTIC. DUTIES DEFINED Tustice Bradley’s Opinion Overruling the District Commissioners. SUBURBAN’ EXTENSION OF STREETS It Must Conform to the Original Plan of Washington. THE LAWS EXPOUNDED The decision of Justice Bradley in the case of Goodfellow against the District Commissioners, delivered yesterday, and.| filed today, is considered a mcst important ruling upon the law governing the Com- missioners in their powers over the sub- urban extension of streets and avenues. Judge Bradley points out that any decision the Commissioners may arrive at in ex- tending the city plan beyond the present limits cannot be taken as fixed or determi- native, but as merely suggestive, to be acted upon later by the board of appeals, consisting of the Secretaries of War and the Interior and the chief of engineers. He also declares that the Commissioners have at present no right to decline to accept and approve any plat of a suburban subdivision made in accordance with the original plan of the city streets and avenues continued in their present lincs beyond the boundary. Most important also is Justice Bradley's ruling that order No. 12, issued by the Commissioners, which declares that they may deflect any avenue when extended be- yond the city limits, if such deflection in their opinion 1s necessary, is unauthorized and void. The opinion, of course, ts one of much interest to owners of suburban prop- erty. Following is the text of Justice Bradley's opinion: “This is an application“ for mandamus to compel the Commissioners of the District Delaware Avenue Extended. of Columbia to receive and admit to record the plat of a subdivision of land lying out- side of the city of Washington, und to the northeast of the suburb known as Eck- ington. The relators are the owners in fee simple of the land platted. hey caused it to be surveyed, and sub- divided into streets, squares, alleys and building lots, and a plat of the subdivision to be made. This plat was submitted to the surveyor of the District of Columbia and was certified by him to be correct. It was then presented to the respondents, Com- missioners of the District of Columbia, and they were asked to order its record in the office of the surveyor. This was refused. The relators, by their petition, allege that the plat in controversy is in all respects regular, and that it conforms to the gen- eral plan of the city of Washington. The Commissioners’ Side of It. “The respondents refer in their answer to the act of Congress of August 27, 1888, and to certain general orders promulgated by the Commiss‘oners of the District of Co- lumbia under the authority of that statute, and say: Ist, that the plat is not in con- formity with the general plan of the city of Washington in this, that it makes io provision for Delaware avenue, the align- ment of which they had determined should fall within the limits of the proposed sub- division; 2d, that the plat does not bear the proper certificate of the surveyor; 3d, that Ws Ug ULL) ECKINGTON | BRENTWOOD. THE ‘OFFICIAL WEATHER MAP. © Partly Goudy sppyille Clouty 7 “EXPLANATORY NOTE: Observations taken at 8 a.m., 75th meridian time. Solid les are {share or lines of equal sir pressure, drawn fot each tenth of an inch. or lines of equal temperature, drawn for each ten degrees. Dotted lines are ‘sotherms Shaded areas are regions where rain or enow has fallen during preceding twelve hours The words ‘High’ and “Low” show location of greas of. high.and low barometer. Small arréws Wy with the wind> LOOK OUT FOR SHOWERS. The Rain Area Extending Over the East. Forecast til 8 p.m. Thursday.—For the District of Cotumbia“and’ ‘Maryland, partly cloudy, possibly showers;... northeasterly wind: For Virginia, showers; northeasterly winds. .The storm whose track is plotted on the weather map has moved from Arkansas to Gecrgla during the-last twenty-four hours, carrying the rain area over the east. gulf and south Atlantic ‘states. In the Caro- linas, Tennessee and central and’ north portions of Georgia and Alabama, the twenty-four-hour rainfall has exceeded one inch. The storm center will probably move eastward off the south Atlantic coast to- day, and its passage will be followed by clearing, cooler weather tonight in the southeastern states. The rain area will extend northward along the immediate middle Atlantic coast and may reach inland over the interior of the middle coast districts. The outlook for this section is, therefore, uncertain, al- though conditions favor showers, with slight changes in temperature. Condition of the Water. Temperature and condition of water at $ a.m.: Great Falls, temperature, 51; condi- tion 14; receiving reservoir, temperature, 54; condition at north connection, 23; con- dition at south connection, 20; distributing reservoir, temperature, 53; condition at in- fluent gate house, 16; effluent gate house,8. Tide Table. Today—Low tide, 8:55 p.m. Tomorrow—High tide, 2:41 a.m. and 2:58 p.m. Low tide, 9:12 a.m. and ‘7 p.m. Range of the Thermometer. The following were the readings of the thermometer at the weather bureau today: 8 a.m., 45; 2 p.m., 54; maximum, 55; min- imum, 41. and whether the act sought to be compelled is a ministerial duty merely. “By that statute they are ‘authorizet! and directed to make and publish such general orders as may be necessary to regulate the platting and subdividing of all lands and grcunds in the District of Columbia.’ It is provided further that these _ orders, when made, shall have ‘the force and effect of law, thirty days subsequent to the day of publicaiticn.’ That ‘to plat of subdi- vision made in pursuance of such orders shall bé admitted to record in the office of the surveyor without the order of the Commissioners indorsed upon it; and that no subdivision of land outside the limits of the cities of Washington and Georgetown shall he recorded unless made in conform- ity with the general-plan of the city of Washingtcn. Review of General Orders. “a number of genegal orders were made at various times, some, jn 1888, some in 1893 and others in 19#4,, all of which are embodied. in exhibitjsNog? filed with the answer. Ba “Of these, for the purppses of this case, necessary to quote anly the following: 0 subdivision sof lund outside. the cities of Washington and Georgetown will be approved unless the streets und avenues therein conform as fgr asxpracticable with, and general directions. toi ne streets and avenues in the city of Washington. “8. Whenever practigable,streets and ave- nues witk-be in exadt alignment ;with the streets and avenues!.of 5Washington, -and of equal width. ty ots “11, The existing amenues of the city of Washington shall be extended as nearly as practicable: in contisnation of their direc- tion within the eity; and of equal width,and all subdivjsions muygt provide therefor. “12, Existing avefidés may be deflected beyond the city mits whenever the Com- missioners. deem) advisable. “It is conceded by the respondents. that the controverted plat is In conformity with the general plan of the city of Washington, except in the failure to provide for the ex- tension of Delaware avenue. Its ‘streets correspond in alignment and width with the corresponding streets of the city. -Its alleys are of the required width. Its squares and lots are in conformity with the general orders. By the answer and the exhibits filed in the proceeding it is shown that Delaware avenue, if extended in exact alignment, would not touch the land of the relators, but would be the length of two squares from its nearest point. it An Unfounded Claim. “The respondents claim the right to de- flect this avenue, under gencral order No. 12, and the act of Congress of March 3, 1808, and give it as their judgment that its extension should not be in alignment, be- cause it, would sfrike the Metropolitan branch of the Balttmore and Ohio railroad. They say that under the authority confer- red upon them they have determirted’ that the extension sho “n in.the tracing filed as Tu; BRENT SUBDIVISION, there is no certificate as to payment of taxes; 4th, that some of the lots face Brent- wood road, which is less than sixty feet le. They furth refer to the act of Congress of March 2, 1803, entitled ‘An act to provide a permanent system of highways in that part of the District of Columbia lying outside of cities,’ and say that under is authority and the authority of other statutes, they have had surveys and studies made and maps drawn, and have determin- ed therefrom that the extension of Dela~ ware avenue, as shown in a tracing filed with the answer, conforms to the general plan of Washington, and that having deter- mined upon a street plan for the territory including and adjacent to the tract in ques- tion, it is their duty not to approve any plat of a subdivision which is contrary to Such plan, That for good and sufficient reasons the exteusion of Delaware avenue on its present lines is impracticable, or at any rate inadvisable. The Delaware Avenue Extension. “The only objection to the approval of the plat insisted upon at the argument was that which related to the extension of Delaware avenue; as to the other objec- ticns, it was conceded that a certificate of the collector of taxes showing the pay- ment of all taxes had been submitted to the respondents, and is on file as an exhibit in this proceeding. It appears by the plat it- self that it is certified to be correct by the surveyor, and that he also certified that his fees were paid. The objection that some of the lots face upon Brentwood road, which is less than sixty feet wide, appears to be based upon a general order, No. 10, under the agt of 1888, which prohibits any minor street in a square of less than sixty feet width. Brentwood road is an existing public highway, over which the relators trake no clsim, and it is outside of their subdivision. There is no general order shown in the record that prevents sublots bordering such highway from facing upon it. Commissioners’ Powers Considered. “In order to determine the rights of the relators in the premises, it will be neces- gary to consider the nature of the power conferred uvon the Commissioners by the act of August 27, 1888, the character of the general orders issued by them under this statute regulating the platting and subdividing of lands, the extent to which the relators have complied with the law, an exhibit with their answer is in con- formity with the general plan of the city of Washington. They do not say that this extension of Delaware avenue has been established. It appears, to the contrary, that it is merely tentative, and that the respondents have no power to establish it either under general order No. 12 or ander the act of March 3, 1803. The act of 1888 authorized and directed them to make and publish general orders regulating the plat- ting and subdividing of all. lands in the District. Prior to that time the right of the land owner to subdivide city squares and lots as he pleased, and to have his subdivision recorded by the surveyor, had existed since January 12, 180). Rev. Stat. D. C., sec. 477, 478, US. ex rel. Vase vs. Forsyth, 5 Mack., 483. The right of the owner of suburban land th subdivide, plat and avail himself of the, surveyor’s office for record had been’ recognized for many years. The surveyor's office contains many such records. The tacongruities and the lack of harmony in adjacent subdivisions, the absence of general plan or order, es- pecially as to those gubdixisions that were just outlying the limits of, the city, almost incorporated within it, rendered necessary general rules that in future would comnel order and conformity to the general plan of the city of Washington. Ccrformity to Plan Imperative. “Hence the act of August 27, 1888. Con- formity is made imperative by section 5 of that act. land in the District, made:pursuant to the general order, although ordered by the Commissioners to be?recorded in the sur- veyor's office, is by that section forbidden record, ‘unless made in conformity with the general plan of the city of Washing- ten.’ The orders authorized and directed to be made are general, such as would apply to all future subdivisions and plats, and secure order, method, harmony and conformity. No authority is conferred upon the Commissioners to permit, and certainly none is given to compel the de- parture of an extended avenue or street from conformity to the general plan in any instance. No power is given to locate a specific highway or to devise a system of highways in that part of the District lying outside of the cities. No provision for-such system was mace by law until the act of March 2, 1893. Their authority under the act of 1883 is solely to regulate platting and subdividing by orders so framed as to be applicable to all cases, ‘ Any subdivision of suburban ; and their duty is to see that these orders are complied with. The condition prece- dent imposed by Congress to record any plat is that the subdivision shall conform to the general plan of the city of Wash- ington. Order No. 12 Declared Void. “The Commissioners recognize this neces- sity of conformity in the general orders quoted, excepting order No. 12. They re- quire extended streets and avenues to be of equal width, in the same general direc- ticn, in exact alignment and continua- tion of their direction, if practicable, with the same streets and avenues in the cit These orders are inconsistent with order No. 1 They require correspondence with a definite, fixed plan. No. 12 permits devia- ticn from that plan at the caprice of the individuals temporarily filling the office of Commissioner. I am of opinion that this order is unauthorized and void. “It is claimed that under the act of March 2, 1893, surveys have been made of the sections of the District in which this proposed subdivision lies, and maps have | been drawn by which Delaware avenue is diverted from its alignment and direction in the city so that it is extended through the relators’ land, and that the relators must donate to the public the area taken out by this extension, as a condition to the record of their plat. Duties of the Commisxioners. “Ry this statute, the Commissioners are directed to prepare a plan for the exten- sion of a permanent system of highways over all that portion of the District not in- cluded in the cities of Washington and Georgetown. These plars are directed to be prepared in sections. When a plan has been adopted by the Commissioners, a copy of the map is reauired to be sub- mitted to a commission, composed of the Secretary of War, the Secretary of the In- terior, and the chief cf engineers, who shall make such alterations as they deem advisabie, even to the extent of causing @ new map to be made, keeping in view the necessity of harmonizing as fur as possible the public convenience with econ- omy of expenditure. When the map shall be adopted by this commission, delivered to the Commissioners of the District, and recorded in the office of the surveyor, then and thereafter, no further subdivision of land included therein shall be admitted to record in the office of the surveyor, or that of the recorder of deeds, unless’ ap- proved by the Commissioners, and made in conformity to such map. With respect to any highway, or part thercof, iaid down or such map, which shall not lie within the limits of an existing subdivi: the Commissioners may make applic to this court for the condemnation and opening of the same, and if the court, after notice to the parties in- terested, and “hearing upon the evidence adduced, concludes that the public’s con- venience recuires the | iate opening f such highway, the land may be con- emned, otherwise no furiher proceedings will be had upon such application. Prov ion is made for determining the amourt of compensation, and for a decree of the courtedirecting payment, and further, that if appropriation for the payment of the award be not made within six months, Con- gress being in session for that time after the award, or within six months after the meeting of the next session of Congress, the proceedings should be void, and th land revert to the owners. Nothing Definite About Present Plans. “This partial recital of the provisions of the act material to the question under con- sideration indicates quite plainly that there is but one method of determining the ex- tension of Delaware avenue an‘l of defining its limits. It cannot be done by the re- spondent’s act alone, or without the ap- proval and adoption of the commission, consisting of the Secretary of War, the Sec- retary of the Interior and the chief of engi- neers. The advance conclusions of the re- spondents are suggestive only. They are not determinative. Their scheme as to this avenue may never materialize. It has not attained the dignity of fixedness, and to re- quire the relators to donate their land upon such an uncertainty is to impose an un- reasonable and an unjust burden upon them thai could be excused only by a man- datory statute. “It was claimed in argument that if the relators’ plat were ordered to be recorded the comprehensive plan that may hereafter be adopted for this locality could not be completed. It is clear, however, that the act of 1803 prcvides for carrying out the scheme of a permanent system of highways through subdivisions existing at the time of the adoption of the plan, and that no public interest can suffer from such record. The statute contemplates and admits the right of land owners to make subdivisions under the preceding act of 1888 until the adopted plat of that section has been re- corded. After that, any new subdivision must conform to the recorded map. Another Violation by the C sioners. “The answer of the respondents indicates that the proposed extension of Delaware avenue is not the same width as that ave- nue is within the city limits. The avenue is one hundred and sixty feet in width; the extension !s only one hundred and twenty. This is in violation of general orders 7, 8 and 11, and is not in harmony with the scheme of the act of 1893. “Is the act sought to be enforced by this proceeding a purely ministerial duty? In the absence of statutory restrictions the right of land owners to subdivide their lands and to plat them is absolute; the right to record plats of city subdivisions in the office of the surveyor was conferred by the act of January 12, 1809; the right to record county subdivisions likewise was recognized by many years of exercise and is established by the act of August 27, 1888, upon compliance with its provisions and obtaining the order of the Commission- ers, indorsed upon the plat. It is the duly of the Commissioners to make such order when the land owner presents a plat of subdivision that complies with the require- ments of law. Justice Bradley's Strong Language. “The respondents admit that the plat tendered by the relators does comply with such requirements, They have imposed is- upon the relaters their compliance with an additional exacticn that the law does not authorize and the court should not tolerate; an exaction not more lawful nor more justifiabie than would be the demand that, as a cendition to the record of the plat, the relators should donate to the District of Columbia a prescribed portion of their land for the purposes of a contagious hos- pital; an act of such nature that if per- petrated by an individual in behalf of pri- vate interests it would be justly charac- terized by a harsh and well-understood term. “If any discretion were rested in the respondents to determine whether this plat of subdivision complies with the law they have exercised it. They refuse to order its record for an unlawful reason, and the writ of mandamus will issue, as prayed.” The Points at Insue. The accompanying cuts are given to ex- Plain the points at issue in the case just decided, and to show what the Commis- missioners desired to do in the matter of Delaware avenue. The cut of Delaware avenue extended shows in the solid black lines where it would traverse Eckington if continued on its present direction. The line of dots and dashes through Mrs. Pat- terson’s place, beyond which is the prop- erty belonging to Goodfellow et al., shows the direction in which the Commissioners declare their intention of deflecting Dela- ware avenue. In the cut of the Brent subdivision, owned by Goodfellow et al., and the subject of con- troversy in the case just decided by Justice Bradley, the dotted line just inside of the limits of the subdivision where it joins Eckington and beyond shows the land that the Commissioners asked to have donated for Delaware avenue before admitting the proffered plat to record in their office. ——_—_ THE RISE IN BEEF Department of Agriculture Officials In- vestigating the Cause. What the Chief of the Animal Indus- try Bureau Says of the Scarcity of Cattle. The officials of the Department of Agri- culture are actively prosecuting their in- vestigation into the recent big rise in the price of beef, and it is more than likely that they will have something definite to say within the week with reference to the cause of the matter and the probable out- come. What is receiving particular attention at their hands today is the effect upon the market that will be brought about by the action of the department in raising the embargo on Mexican cattle, as published in yesterday’s Star. It is expected that this will have the effect of keeping the price of beef from going up any higher, even if it does not cause a decline. In conversation with a Star reporter to- day Dr. Salmon, the chief of the bureau of animal industry, said that there was an undoubted scarcity in cattle in the west, sufficient to account, in part, for the in- crease in the price of dressed beef. ‘The only queStion,” said he, “is whether this scarcity is sufficient to account for it al- together, or whether the few big men who control the beef market have not, to a certain extent at least, anticipated the ef- fect of this scarcity; in other words, whether the effect has not come before the cause. What we are anxious to know is whether the price of cattle has gone up in proportion to the price of beef. It is not an easy matter to settle, for the rea- son that the actual cost of dressed meat is a hard thing to get at. The big packers do not put their products directly on the market, as is done with other staples, but as a rule dispose of them through their own agents in different parts of the coun- try. Our agents are meeting with some difficulty in getting at the facts in the matter, but the reports are beginning to come in. Cattle Getting Searcer and Scarcer. “For some time past cattle have been get- ting scarcer and scarcer in the west, and especially in the southwest. In big sections the condition of the grass has been so poor that cattle have well-nigh disappeared en- tirely. In southeastern Texas, for example, where there used to be tremendous herds, there are practically none teday. But have the packers raised the price for cattle on hoof as they have for beef in the stalls? Now, there has been a great improve- ment in the grass this year in Texas and in other western states, but the cattle are not there to take advantage of it. That is one reason that influenced the department in its decision to raise the embargo on cat- tle from Mexico. Mexican.cattle have been looked upon with disfavor for the reason that Texas fever is known to exist on the other side of the border, and a quarantine has been kept up in the summer, the sea- son when the fever rages most. Owing to imperfect supervision and inspection it is impossible to tell what sections of the Mex- ican grazing lands are most Hable to the disease. But the action of the packers in raising the price of beef to such an extent has compelled the department to look after the interests of the people, and the raising of the embargo has resulted. The depart- ment has increased its force of inspectors, and all incoming cattle will be rigidly ex- amined. Furthermore, the Mexican cattle seem to be in an unusually good condition this year. A part of the importations will be used to fill up the herds on the big southwestern pastures and the rest will be utilized for immediate slaughter. I am or tke opinion that this wili have the effect of keeping the price of beef from going any higher. Whether it will bring about a de- cline remains to be seen, for I have always noticed that it doesn’t take the packers as long to raise prices as it does to lower them.” —____ -e-—______ Real Estate Matters. Wm. W. Stewart has bought of Rebecca R. Mellen part of lots 1 and 2, in square 457, being the property known as the Stew- art building, at the northwest corner of Gth_and D ‘streets northwest. The price paid was $20,000, NDEX TO ADVERTISEMENT: AMUSEMENTS ATTORNEYS, CATIONAL. EXCURSIONS . FINANCIAL . ‘OR EXCHAN FOR RENT (Flats). FOR RENT (Houses). FOR [ (Miscellaneous) FOR (Offices) FOR FOR Fok FoR FoR FoR FoR FOR HORS NOTE! LADIES’ LEGAL LOCAL 2 LOST AND FOU) MANICURE MANICURE AND HAIRDRESs! MARRIAGES MEDICAL MONEY W. > NOTARIES PUBLIC. OCEAN TRAVEL. OFFICIAL NOTICES. PERSONAL ..... PIANOS AND ORGANS. POTOMAC RIVER BOAT: PROPOSALS . RAILROADS . SPECIAL NOTICES. STEAM CARPET CLEANING. STORAGE . SUBURBAN PROPEK SUMMER RESORTS. UNDERTAKERS WANTED (lelp). WANTED (Houses). WANTED (Miscellaneous) WANTED (Rooms). WANTED (Situations) RED RENT (Stables). RENT (Stores) SALE (Bicycle SALE (Houses SEROMA ARMOR OHO RON Page 4 +Pago 4 FINANCIAL. This company has money to loan upon District real estate and acceptable col- lateral securities In sums to sult. If you desire to improve your present Property, or erect new buildings, this com- pany will advance the necessary amount. Call for particulars, OFFICERS. JOHN JOY EDS «+ ++-President JOHN A. -Vice President .Becond Vice President -Treasurer -Secretary R. CAR! ANDREW PARKER... Washington Loan & Trust Co., Cor. oth and F Sts. ON OVERCOATS, FUR CAPES, DRESS SUITS and CARRIAGE ROBES kept tn cold stor- age rooms, where moth cannot devour ‘nor bugs destroy, for the small sun of One Dollar, (81) for the season. ‘Trunks of Clothing, Ri and*Carpets stored and guaranteed g against moths, ete., at the lowest possible rates. Fire-Proof ' Storage Warehouse, 1140 15th Street. buffalo, merican ©, Trust Security & Co. c. J. Bell. President A. T. Britto Banking House,i405G St. it STORAGE WAREHOUSE, 1140 15th st. OF THE CHESAPEAKE AND POTOMAG Company.—A divi of 50 cents share will be payatle on the 29th day of APR! 1895, to the stockholders of record at the close of business on the 19th day of APRIL, 1895, at the office of the treasurer of the company, 619 14th st. n.w., Washington, D. C. ‘The transfer books will be closed from the 20th of April to the 2vth of April. inclusive. AMUEL BRYAN, President. HARLES G. BEFBE, Treasurer. Washington, D. April 9, 1895." ap15to29in ENDOWMENT Al uP MES PURCHASED AT A . Money loaned on same. EDWARD N. BURNS, 1307 F st. now. e National Safe Deposit, Savings and Trust Company Of the District of Columbia, CORNER 15TH ST. AND NEW YORK AVE. Chartered by special ai Jan., 1867, and acts of Oc ION DOLLARS. RTMENT. wide burglar-proof vaults at $5 ?ARTMENT. from TEN CENTS upward, nd on $5 and above. +n real estate and collateral ae . SeilS first-class real estate and other jes in sums of $500 and upward. EP ARTMENT. is a legal depository for court and acts as administrator, ex- ecutor, assignee, and executes trusts of all’ Kinds. Wills prepared by @ competent attorney in dally attendrnce. BENJAMIN P. President. y S HYDE, First Vice President. . JOHNSTON, Second Vice Pres, SR. JUNES, ‘Third Vice Pres. E. FRANCIS RIGGS,’ Ticasurer. ALBERT L. STURTEVANT, Secretary. JOHN C. WILSON, Trust Officer. ap2 W. B. Hibbs, Banker and Broker, 1421 F Street. Frivate wires to New York Stock Exchange. New York Cotton Exchange. Chicago Board of Trgde. mh25-164 The Union Savings Bank, 1222 F Street N. W., Pays four per cent interest on savingsaccounts. Open until 5 p. m. on Govern- ment pay days and Satur- day evenings between 6 and 8. 20-208 CORSON) CARTNEY, MEMBERS GF 7! W_ YORK STOCK 1419 F r building. Correspondents of Me Moore & Schley, 89 Broadw: Bankers and Dealers in Government Bonds. posits Exch Loans. Railroad st ba nd all securities listed on the ew York, Philadelphia, Boston and Ba ought and sold. iailroad, Gas, Insurance dealt in. ‘clephoue Stock bought and sold. American Bell d31 Cc. T. Havenner, Member Washington Stock Exchange, Real Estate and Stock Broker, Rooms 9 11, Atlantic Duilding, 930 F st. now. Investment Securities. Stocks, Bends and Grain bonght and soid for cash or on margin. f : ‘otton bought and sold in New York or ns. wires to Orleans. Telephone & LOANS ON LIFE, w York, Chicago and New i aplo-tr TH Court of Appeals, Chief Justice Alvey and ‘Associate Justices Morris and Shepard. —Geo. C. Meigs and Perry Ale len. . agt. are gument concluded. No. 433—Cropper ‘agt. McLane; order reversed in part and appeal issed as to part; costs to be paid out e; opinion by Chief Justice Alvey. ‘o. 1—Judge Cox. Equity Court Walter agt. Walter; testimony before C. Ingle, examiner, or Fowler agt. Mallery; decre ht of par- ties. In re Jas. W. Barnes; Clara Barnes appointed committee. Clark agt. Grim- shaw; purchaser required to comply with terms and cause referred to auditor. Lock- wood agt. Marble; injunction till further order granted. Criminal Court No. 2—Judge Cole. United States agt. Thos. J. Taylor, mur- der; cn trial. z Circuit Court No. 1—Judge Bradley. Edw. Nachtigall agt. Reuter and Fetzer; verdict for plaintiff for $100, Chr. Heurich Brewing Company agt. Costello; judgment by default. Beakman agt. Starkweather; do. Freund & Co. agt. Ansley; judgment for plaintiff by stipulation. Amer Encaus- tie Tiling Company agt. Hewlings; judg- ment by default. Schneider agt. Gibbs; do. Wm. Knabe & Co. agt. McEuen; do. Scutt agt. Washington and Georgetown Railroad Company; motion for new trial overruled and judgment for plaintiff. Jos. C. Hand agt. David D. Stone; leave to amend decla- ration granted by consent. Probate Court—Judge Hagner. Estate of Lena S. Baldwin; will return with testimony attached. Estate of erick Douglass; will admitted to probate to personal estate in this jurisdiction ant order granting letters of administration t. a. to Helen Douglass and Lewis H.Doug lass, bond $60,000, and order denying prays of Rosetta D. Sprague. Estate of Mary McCarty; rule to show cause filed. Estat of Frederika Wagaer; petition for let of administration filed.