Evening Star Newspaper, August 30, 1895, Page 8

THE EVENING STAR, FRIDAY, AUGUST 30, 1895—TWELVE PAGES. see of the teen clerks can wrap, at LABORS GREAT DAY” We want every man—every friend of Labor—every man who marches on Monday—every man who is a friend of a man who marches on Monday and who turns out to see him—every woman cousin, sister, aunt, sweetheart to a man who marches on Monday—we want them all to come and buy Shoes at 50 cents on the dollar from this great stock WARREN SHOE HOUSE, We bought this stock (invoicing at retail $20,000) for $5,050, and we are getting rid of it as fast as four- 50 CENTS ON THE who is wife, (G. W. RICH.) DOLLAR. extra special ones: GENTLEMEN’S TAN SHOES. Rich’s $3.00 Shoes. . . .$1.48 Rich’s $3.50 Shoes. .. .$1.65 Rich’s $4.00 Shoes... .$1.98 Rich’s $4.50 Shoes....$2.24 . Rich’s $5.00 Shoes... .$2.48 For Fall and Winter. ‘Gents’ Patent Leathers. As low as. . $1.98 As low as. - $2.48 As low as. - $2.98 As low as..........-.$3.48 You can’t afford to miss these! HERE’S THE GREATEST $5.00 Men’s Calf Congress Shoes at $1.50. We've given you prices before, but here are a few == It’s the Shoe Event of ’95. STOLL, 3 LADIES’ TAN SHOES. Rich’s $1.00 Shoes.... 50c. Rich’s $1.25 Shoes.... 65¢. Rich’s $1.50 Shoes.... 75c. Rich’s $1.75 Shoes.... 89¢. Rich’s $2.00 Shoes... .$1.00 Equally for Fall and Winter. LADIES’ BLACK SHOES.| Every grade from 50 cents up. Worth double. Ladies’ Tan | Shoes S up. Worth | From 65 cents eeeees ee easee 2We're nots funning.’s @ 26 @ © : Werre in “dead earnest” with these reductions. You can see our new building going up on the corner below us— and before it’s finished we must clear out the stock in our present block of stores and half score of ware- houses. ’Tisn’t going to be moved. It’s going to be sold, and to make sure of it we’ve cut the prices "til they ‘re lower than you ever thought you'd hear quoted for hon- est relia- ble val- ues and fresh modern styles. This is your time to go to housekeeping. 3est chance you'll ever have to refurnish. Credit if you want St. House & Herrmann, Anite 9 1 AND Gee ST. GO96 SS * Gray Hair A thing of the past when Nattans’ Crystal Dis- gorery is used. Guarsnteed to restore gray or faded hair to its natural color in 3 to 10 days— positively not a dye. Stops the hair from falling out, arrests dandruff and makes the nicest dressing | Every stick of Furniture. Every yard of Carpeting. Every inch of Matting. Every plece of Drapery. IDPOOHOSIOHOOSV I HGH HESSOO Every Baby Carriage. Every Refrigerator. o @ C e @ & Every bit of Crockery Ware. Every Everything. for’ the hair one can use. No poison. No sedi- ment. No stoins, Price, $1. ‘Trial size, Bde. KOLB PHARMACY, SOLE AGENTS, 488 (TH . N.W. Sent, express prepaid, to any part of the country on receipt of price. Jja26-tt CARBONA REMOVES GREASE SPOTS INSTANTLY. Non-infiammable-- Non-explosive. Does not injure tho most delicate fabric or color. If your grocer or druggist does uot keep it Apply to MARSHALL CHEMICAL CO., Marshall, Va. Jy24-eo3n Pain is divorced Par Dentistry. our Our operations are entirely lacking In dis- comfort and pain. e est men in their suggest, exam! dv =what’ your teeth need Extracting painlessly, tions proportionately Dental Parlors, 1116 F St. 20d in treatment, Other Ope ITT les} ail au2y-: “* Seventeenth Week.”” Langlois’ “Foot. Form” BOOTS, Good as they can be—better than any other $3.00 Shoes in the world—as far as we know. Hy- gienically perfect. Artistically shaped, and as faultless in every way as Shoes can be. Made of very best Philadelphia Have narrow heel and back, with liberal enough to accommodate e position of the foot. Our big window full makes a prominent F st. attraction. “Lanzlois,” “Home of Foot Form,” Z F St., Corner 13th. kid. 1 A Good Impression is worth sustaining. Correspond with your iy of y friends on p a. Get It bere—you'll "s good at a price that’s 1 Fine Irish quarter ream box—125 00 en- velopes. Decker, The Stationer, 1111 F St. auzo-14d SEPSLOSOPLOVOIOSOSSSSO SHOE sWe Can Cure 3 $ ra bd sT hose Headaches? ry ning the exes. $ re the trouble e be ess: 2 eis: ° Piece pina tion ve 2 ess : pticians in a thor- 3 3 *¢° DFEYEGLASSES or S ECTACLES,$1. 3 > McAllister & Co., ° be EXAMINING Oran N @ 1301 P Street, “Sx'teupme. 3 au29-284 e a SSSSSCSISCOOSFSSSHCSSSOOEOS Home-made Pl ES Like mother used to make. Our Lemon Meringue Pie 1s especially good. But we have all kinds. Not made by a baker or in a bokery, BUT AT HOME. 20C. Sent ywhere eceipt e Holmes’ Landover Mkt.,1st & E Sts. au2y- 16d Get the Best. ME PHMED PNES THE CONCORD HARNESS. f D 0 LUTZ & BRO., 497 Penn. ave., adjoining National Hotel. Trunks, Sateheis and Leather Goods. aul7-16d 5 Paper Hanging! A new store—compleie, new stock—but oid hands at the business. An entire new stock of Wall Opes Borderiugs, &c in the newest and richest fall conceits and combinations imaginable. Work and priecs guaranteed. Interior decorating a specialty. Window eeee Shades, Fretwork and ° © painting. McC. Farr & Co., 1115 G St. (Late of Louis Deiter.) ‘all and House- au24-1m,16 ¥ hobby. We put more genuine 'e service for the money into our ~ ee School Shoes than Into any class /e. E 5 | é = 5 ‘ ‘School Shoes ‘Ladies’ Fall Shoes. e 0S, WE SELL: “Reliadle Shoes Only, What still remains of our Summer Shoes (and there are not many) you may have almost at your own price. We are now in the field with nearly complete lines of New Fall Shoes. ‘This ts going to be our “BANNER SEASON,” if Washington Shoe Wearers will buy where they can secure the best Shoe Values for the price in America. Js and always has been our of Shoes we sell—that’s why we shoe about half of Washington's Juvenile population. HERE ARE BUT 2 OF OUR NEW LEADERS: ($1.00 ‘Irom Clads’’ Of good stont kid, with patent leather tips. Laced or Button. For Girls of all ages, Of serviceable veal calf, with solid double soles, heeled or spring heels, For Boys up to size 5%, $1.56 “Champion” Dress or School Shoes. For Girls any size. Pointed, medium round or square toe, fine dongola. Button or Laced. For Boys and Youths. Dressy yet Durable Shoes. Mads of soft, serviceable satin if. Square, round or razor toes. Many _new styles already in— Shoes that are just right for Dress or Service and comfortable to walk in. Royal $2 Shoes, In 8 different styles. Are the best Shoes in ‘America for the price. Surpass in Beauty and Style any we ever sold. Our Own $2.50 Welted or Turn Sole Genuine Vici Kid Shoes, in 6 styles of Button and 4 styles of Laced. Have no equals for $3.0¢ anywhere in America. Wm. Hahn Co.'s RELIABLE - SHOE HOUSES, 930 and 932 7th st. 1914 and 1916 Pa. ave. 233 Pa. Be. aye. he Hard Wear That Shoes get in Washington —the things that combine to wear them out quicker than under ordinary circumstances— furnish more than the common reason why the best*is the only kind to be bought. And best means CROCKER’S all over town. Crocker’s Shoes wear! They’re strong and serviceable —but neater and more stylish footwear isn’t made. Jenness-[liller Shoes. We alone control their manufacture ard sale. Indorsed and recommended by Mrs. Jem filler. Constructed. for health, comfort, elegance and dura- Dility. RooTs . OXFORDS $3 Shoes, $2.40. $5.00 $4.00 special Saturday offer. Button and lice shoes, with cloth tops, in common sense ind needle toes. Ladies’ Oxfords. our great summer sale. Feat varlety of styles, ths. \Children’s Shoes. , 939 Pa. Ave. aS High and low—a great lot of them— Sizes for any boy, girl, miss or child. CHILDRE ZES. $1.00 M "SIZES $1.25 Crocker’s, COOLED BY ELECTRIC FANS, Losing your hair is enough to worry you—any one. It can be pre- vented, and if you have already lost it, it can possibly be restored. We will teil you all about it gratis. ‘This is the only institution in the south de- yoted exclusively to the treatment of the skin, scalp and blood. J. H. HEPBURN, MeD., Dermatologist, Mertz building, cor. 11th and F sts. au30-24,tt ‘QUEER WAY OF ~ 3 1217 PENNA, AVE. N.W. Na DOING THINGS. . —Performing even the most complex of dental operations here without causing the patient the slightest pain. Very accept- able way, though. Very accept- able prices, too. Extracting, 50 cts. Other charges propor- tional. Evans Dental Parlors, au29-24d For ‘Stomach Or Liver : Troubles, Take YER’S Cathartic Pills. Received ; Highest Awards At World’s Fair. After sickness, take Ayer's Sarsaparilla. If THE BABY IS CUTTING TEETH BE SURE and use that oll and well-tried remedy, Mrs. Winslow's Soothi Syrup, children teething. Te (soothes the child: woftens the gum, allaya all in, cures wind colic and is the best remedy for larrhoea. 25 cents a bottle. sel0-ly THE MOST EFFICACIOUS STIMULANT TO EX- cite the appetite is tura Bitters, the genu- ine of Dr. J. G. B. Slegert & At your druggists. IN CINNAMON GARDENS. Raising and Preparing a Well-Known Spice. From Demorest’s Magazine. “Upon reaching Columbo,” says Mr. Field, “the tourist in Ceylon very naturally desires to take a drive in the famous cin- namon gardens, which form one of the most interesting features of the suburbs. We were fortunate enough to find time for a visit to them, and I shall never for- get the lovely drive we had one fine morn- ing to the tropical paradise where the cinnamon tree grows in wild abundance. “Our course lay through the most charming jungle, and the bright-hued tropical flowers, with swarms of bril- liant butterflies hovering around them, pro- duced an array of color almost dazzling. We had expected to have our olfactory ergans gratified by the spicy odors asso- ciated in our minds with cinnamon, but found that no fragrance is emitted by the shrub until it has been bruised and broken. “On the way to the gardens a quaint- lcoking structure was pointed out to us, which we were told was an old fort, used in past times to accommodate a garrison placed there to protect the precious pro- duct of the vicinity, or, rather, to protect the government employes from the at- tacks of wild Kandayan troopers. These bellicose natives, it appears, were in the habit of making raids on the plantations after the European demand for cinnamon had made it so valuable. Cinnamon grow- ing was at that time a government monop- oly, and so jealously was the privilege guarded that if anyone injured a shrub he became liable to a severe flogging, and in case of the destruction of a tree or the taking of any bark, the death penalty was exacted. This serves to illustrate how very valuable a commodity cinnamon at one time was, although it has in these times fallen to a second-rate place in the commerce of the island. “We were fortunate in the time of our visit, which was made ‘in May, just at the ccmmencement of the peeling season, and we were therefore afforded the opportun- ity of seeing how’ cinnamon is prepared for the market. The tree, which is known as the cinnamon ‘laurel, in its natural state grows to a height of forty feet; and we were told it ts very plentiful in the forests or jungles im certain parts of Cey- lon, where it is apparently indigenous. The shoots from which the sticks of cin- namon are obtained, with which we are familiar, seldom grow ‘to a greater height than fifteen feet. As our guide informed us, they are cut down to the stump every year, and a new crop of sapplings springs up in their place. The young leaves of the cinnamon Jaurel are at first of a vivid, scarlet color, but assume a dark green hue when the berries, which develop from small white flowers, have ripened. These berries are of a brown or purple color, and a fragrant oil is obtained from them by the natives, with which they anoint their tedies. Wax tapers are-also made from the berries, which are used in the temples of the Buddhists. Packed for Market. “We saw numbers of natives at work on the plantations, cutting, stripping and scraping the cinnamon, preparatory to its being dried and packed for market. It is the inner bark of the ‘shoot’ which fur- nishes the cinnamon of commerce, and the process of preparation consists of first stripping off the leaves, and after cutting the shoot into pieces of convenient length, a peculiar-looking knife is used, with which the bark is slit and then peeled off with the fingers, in pieces as nearly as pessible of uniform size. The men who cut and peel the shoots belong entirely to the Chalia caste. While thus toil- ing they do not wear clothes above their waists, and for a headdress either a white turban or coil the hair and fasten it with a comb of tortoise-shell, after the curious fashion peculiar to the male Cingalese. The Chalias earn about twelve cents of our money a day. “It is necessary before taking the next step to lay the bark aside for a time until it is In proper condition for scraping, as the oyter skin has to be removed. This is done by curling the still soft and pliable bark around a stick, which is held by the left hand, and also secured in position by the feet of the stripper. The outer skin of the bark is then carefully scraped away. The pieces are deftly held in place by lodg- ing them in a frame of crossed sticks, and holding them there by means of the toes, while the delicate operation is performed. ‘The bark is then placed in the sun to dry, and naturally curls up into the quills which form the article of commerce. Three or four of these quills or sticks are placed in- side one another to prevent breakage, and the cinnamon is then ready for shipment. The bundles are composed of assorted cirnamon sticks, and usually welgh about thirty pounds. Ceylon Has the Monopoly. “The reason that almost all the cinna- mon used today is grown in Ceylon is prob- ably due to two causes. In the first place, although cinnamon fs not believed to have been indigenous to Ceylon, nowhere else has it been found so susceptible to the highest cultivation. The cinnamon grown in the Philippine Islands, for instance, is not to be mentioned in comparison with the Ceylon product; in fact, Ceylon cin- namon monopolizes the market. The other cause of its rarity elsewhere is the vere penalties imposed by the Portu- gucse and Dutch during their rule in Cey- lon for exporting it, which made it prac- tically impossible to get seeds or plants out of the country for propagation else- where. The high price at which cinna- mon was kept for a long time was main- tained by destroying any surplus that was produced, and thus making it difficult to obtain. In the latter part of the eigh- teenth century cinnamon sold for as much as eighteen shillings a pound, where it now brings but one shilling. “The government monopoly has been abolished, and cheaper grades from vari- ous tropical countries are now on the market. One of the peculiarities which surprised us at the plantation, and, in- deed, surprises most people who see {t for the first time in connection with such luxuriant vegetation,-was that the soil is apparently composed of glittering white sand; but underneath #8 a rich soil from which the shrubs draw their nutriment. The plantations were originally started by the Portuguese in the fifteenth century, and were formed, by ; weeding out other trees in the jungle and thus affording a better opportunity for the cinnamon shrubs to develop. “The Dutch followed the Portuguese in the control of this valuable monopoly, end took the most selfish precautions to secure themselves heavy revenue from the sale of the cinnamon crop. We were informed that one of the principal uses to which cinnamon is now put is in the man- ufacture of chocolate.” se New Version. From the Detroit Sun. Mrs. Newed—‘‘How are the biscuits, George?’ Newed—“A trifle heavy, dearest.” Mrs. N.—‘‘And the soup?” ‘00 much seasoning in It.” N.—“And the duck?” Done a little too much.” N.—I am sorry, dear, that your Your mother Mrs. dinner does not suit you. prepared it.” INJUNCTION DENIED Decision of Judge McComas in the Tingle Case. THE MAP CAN BE RECORDED The Land Not Yet Taken by the Commissioners. THE OPINION IN FULL Judge McComas, in an elaborate opin- fon, today refused the petition of Amory K. and Elsie J. Tingle, filed the 27th of last April, praying that the District Com- missioners be enjoined from filing and re- cording the map of section 1 of their proposed plan of street extension. The facts and points raised are fully set out in Judge McComas’ opinion, which is as follows: . The Case Stated. “The complainants own about four acres and a half of agriculture land on Spring rcad, west of 7th street, near the Mary- land line and beyond the boundary of the city. This parcel, improved by dwell- ing and barn, is occupied by the complain- ants as their home. The Commissioners, the defendants, by virtue of an act of Conress approved March 2, 1893, entitled ‘An act to provide a permanent system of highways in that part of the District lying outside of the cities,’ have prepared section No. 1 of the plan for a permanent system of highways embracing the ‘portion of the District beyond this boundary which includes the complainants’ agriculture lands, and the Commissioners have made a map of that section on which appear streets, avenues and reservations. Certain streets and avenues appear on this map to include most of the complainants’ lands, leaving them three narrow strips bordering on the proposed streets. On April 27, 1895, the Commissioners approved, certified and delivered to the commission provided in sectioa 2 of said act this plan or map of section No. 1 for the final approval of said commission. As soon as this map shall have been approved and delivered to them by this commission, the Commission- ers intend to file and record it in the of- fice of the surveyor of the District. The act in section No. 2 provides ‘That after such map shall have been so _ recorded no further subdivision of any land included therein shall be admitted to record in the office of the surveyor of the said District or in the office of the recorder of deeds thereof unless the same be first approved by the Commissioners and be in conformity to such map.’ Section No. 8 provides that when such map shall have been so recorded ‘it shall be lawful for the owner of any land included within such map to adopt the subdivisions thereby made,’ by reference thereto in any deed or will he skall thereafter make. And the Commis- sioners are authorized to name the streets laid out. Averments of the Complainants. “The complainarts aver that the intend- ed filing of this map will be a great and irreparable injury and will be the taking of their private property for public use with- out compensation,and they ask this court to enjoin the Commissioners from filing and recording this mep. “The defendants deny that the filing of this map will be a taking of private prop- erty for public use without compensation and reply that the recording of this map will result in no injury whatever to the complainants and that whenever this prop- erty is required for public uses it will only be taken with compensation as provided by this act. “The minor questions argued are not im- portant and are not necessary to a decis- fon of this case. “That the proceedings are regular is not denied. “The one question pressed upon me to decide is whether after such preliminary proceedings the filling and recording of such a map pursuant to this act of Con- gress constitutes a taking of the complain- ants’ private property without compensa- tion, and whether this act of Congress pro- viding a permanent system of highways is unconstitutional. “The language of the fifth amendment, ‘Nor shall private property be taken for public use without just compensation,’ has been construed in cases quite similar to the case before me. The Constitution does not provide or require that compensation shall be actually paid in advance of the occupancy of the land to be taken. The owner is entitled to reasonable, certain and adequate provision for obtaining compen- sation before his occupancy is disturbed. Whether a particular provision be suffi- cient to seeure compensation is sometimes a@ question. (Cherokee Nation vs. Kansas R. R. Co., 135 U. S., 659.) What the Act Provides. “The act before me provides that the Commissioners at any time thereafter, when in their judgment the public con- venience shall require the opening of any highway on such map, may make applica- tion to this court for the condemnation and opening of such highway, that this court shall have hearings after due notice, both public notice and personal service, before proceeding to condemn such lands for such highway, and that a jury shall try the questions. The questions of damages and compensation are guarded by this act. The mode of paying damages is set out. An appeal for owners aggrieved is provided. Whenever any final decree is made for the payment of damages to the parties or into the registry of this court, ‘And when the money has been appropriated and paid the Commissioners shail be entitled to take immediate possession of the parcel of land.’ In case the court shall enter judg- ment of condemnation in any case and ap- propriation is not made by Congress for the payment of such award within the period of six months, Congress being in session for that time after such award, or for the period of six months after the mect- ing of the next session of Congress, then proceedings shall be void and the land shall revert to the owners. Finally the Commissioners are required to submit an- nual estimates with their annual report of their action under this statute.” When the Title Passes. “If a lump appropriation had been made to buy all the needed land, or a provision for payment out of permanent annual ap- propriations had been stipulated, the pro- cedure for payment would have been sim- pler, but I am of the opinion that this pro- vision is sufficiently reasonable, certain and adequate to secure the just compensation to which the owner fs entitled. Under this act the title dces not pass until compen- sation is actually made to the owner, nor are the Commissioners entitled to take pos- session urtil after the money for the dam- ages has been appropriated and paid. The hastening of appropriation is provided for so far as under our system it can be. A deley by Congress of six months makes void the whole proceeding for the taking of land for such a highway. There is no legal weight in the objection to the absence of the appropriation to pay for the lands. “The filing of this map is a preliminary proceeding. This proceeding so far is not a taking of private property for the public use, or one that must necessarily result in such taking. It is only a preliminary be- gun for the purpose of ascertaining the quantity and location of property proposed to be taken. “Acts done in a proper exercise of gov- ernmental powers, and rot directly en- ercaching upon private property, though their consequences may impair its use, are universally held not to be a taking within the meaning of the constitutional provision. They do not entitle the owner of such prop- erty to compensation from the United States, or give him any right to enjoin its agents. This doctrine is established, and its extremest qualification is found in those cases where it was held that permanent flooding of private property amounting to a physical invasion of the real estate of the private owner, and a practical ouster of his possession may be regarded as a takirg, although the lands be not abso- lutely taken. (Transportation Co. vs. Chi- cago, 99 U. S., 642; Pumpelly vs. Green Bay Co., 13 Wal., 166; Eaton vs, B. C. and M. R. R. Co., 61 N. H., 504.) “In the case before me there was no such physical invasion; there is no disturbance of the possession of the owners. The Land Not Yet Taken. “It cannot be sald, in a legal sense, that the land has been taken until the act has transpired which divests the title. So long as the title reriains in the owners, so long as the land remains unchanged, so long as the possession of the owners is undis- turbed, there has been no taking. Congr-ss has prescribed the proceedings by which the taking may be effected and the time at which and the mode by which the taking may be effected if hereafter the public con- venience shall require that one or more of these highways be opened across the com- plainants’ land. In the sense of the Statute, the taking consists of a series of acts commencing with the application by the Commissicners ‘c tnis court for the condemnation and cpening of this hishway over the complainants’ land, followed by due notice to the owners. and ending with the payment of the money damages award- ed. Thereafter, the Commissioners miay take posession, and the taking will be com- plete. The sense of the statute is not re- pugnant to the sense of the Constitution. (Pox vs. W. P. R. R. Co., 31 Cal. 55.) This property is not taken in the sense that the complainants no longer remain the owners, nor in the sense that the permanent use of the property has been appropriated. (Montana vs. St. Louis Co., 152 U.S., 169.) _“When it was alleged that the Commis- sioners were about to take final action in the location and establishment of the har- Lor lines and lines of waterways within the city of Tacoma, in the state of Wash- ington, in such a way as to include within these lines the plaintift’s rignt of way, wharves and warehouses, and unless pre- vented by injunction, would thereby de- prive the plaintiff of the use and benefit thereof without compensation or due pro- cess of law, and would cloud the plaintiff's title, the Supreme Court held that sucn har- bor lines, in order to fulfill their purpose, must be established according to a general system. That the establishment of harbor lines of itself takes or injures no one’s property, and cannot consistently, with the interests of the public or with the principle of equity, be restrained by injunction (Prosser vs. N. P. R. R. Co., 152 U.5., 63-65.) A General System Necessary. “In order to fulfill its purpose the scheme of streets and highways beyond the boun- dary of this city must be established ac- cording to a general system, and must be projected upca a map when established. The filing of such a map does not deprive the owners of any substantial right in their lands, éces not cloud their title nor inter- fere with their possession, use and enjoy- ment of property. ‘The property may never be taken. Meanwhile the owners can do as they will with their own. They may culti- vate their lands, plant vineyards or exca- vate the soil. They may build houses in the proposed highway. If hereafter the land be taken they may be paid damages for the betterments and improvements. “Save that they are by the map warned that their land may be taken for a street and definitely informed what part of it may be teken, the owners in this case are liable precisely as ail other citizens of this District are Mable to have their lunds taken for a public purpose at any moment by the exercise of the power of eminent domain by the United States. Every other citizen owning land is subject to the exercise of this sovereign power in the United States. “The argument that the mere filing of this map constitutes a taking of the com- plainants’ land is very like the argument urged in the Rock Creek Park case. The Rock Creek Park statute (6 Stat., 1001,) approved September 20, 1890, tains a similar provision in section 3 the said commission shall cause to be made an accurate map of said Rock Creek Park, showing the location, quantity and charac- ter of each piece of private property to be taken for such purpose, with the names cf the respective owners inscribed thereon, which map shall be filed and recorded with- in public records of the District, and from and after the date of filing said map the several tracts and parcels of land embraced in said park srall be held as condemned for public uses and the title thereof vested in the United States, subject to the payment of just compensation, to be determined by said commission,’ etc. The Rock Creek Park Case. “The Supreme Court said in respect of similar objections to this provision “the vice of this contention is in the as- sumption that the lands were actu- ally condemned and withdrawn from the possession of their owners by the mere filing of the map. * * * It is true that by the institution of proceedings to con- demn the possession and enjoyment by the owner are to some extent interfered with. He can put no permanent improvements on the land nor sell it except subject to the condemnation proceedings. But the owner was in receipt of the rents, issues and profits during the time occupied in fixing the amount to which he was entitled, and the inconveniences to which he was sub- pected by the delay are presumed to be considered and allowed for in fixing the amount of compensation.’ (Shoemaker vs. U. 8.; 147 U. S., 321.) “The commissioners of the department of public parks of New York city filed a map changing streets and defining new high- ways with a like purpose for which this map is intended to be placed on file in this case. The supreme court of New York says of such a case: ‘The filing of the map in question in no way defeated the title of the plaintiff to the premises until the pro- ceedings provided by the statute had been taken for the purpose of condemning the Eremives, and these proceedings may never taken and the streets as laid down by this map never opened for public use.’ The mere filing of the map by the commission- ers created no cloud or incumbrance on the land projected upon the map. (Wagner vs, Perry; 17 Hun., 518.) “In respect of a square of ground in Bal- timore, where an injunction was sought on the arguments now urged before me, the court said that, although the proposed street had been surveyed, the survey re- ported, the damages and benefits assessed, yet the appellant's land has not been taken in the legal sense of that word. The con- stitutional provision against taking private property for public use until compensation is first paid or tendered means taking the property from the owner and actually ap- plying it to the use-of the public. It does rot mean the preliminary measures neces- sary in such cases. (Stewart vs. Baltimore; 7 Md, 516.) “The cases of Eaton and of Pumpelly be- fore referred to, state the qualifications of this doctrine most strcngly for the de- fendant; but I find in the case presented to Mme no approximation to the facts in those cases, no such restriction or interruption of the use of this land by its owners that de- stroys its value or strips it of its attributes or prohibits its owners from, using their four acres as they please. May Abandon the Plan. “It is true the owners of this land cannot compel the Commissioners to carry the plan into execution. The Commission- ers may abandon it in certain contingen- cles, or may delay to take the land for many years. There is lack of reciprocity. There is some hardship upon the owners, but this statute does not hinder the own- ers in the usual and ordinary enjoyment of property, to which they have an absolute “In Philadelphia an act of the legislature snd an ordinance passed to widen Chest- nut street was assailed upon the constitu- tional objection urged in this case. The court said: ‘It will be observed that the platting of the street upon the city plan so as to conform to the new line interferes with no one in the use and enjoyment of his property until he comes to rebuild~ It is then that he is injured, if injured at all, and it is then that his land is tak2n for ublic use, and he is entitled to have a jury assessed the damages.’ (In re Chestnut Street, 118 Penna. State, 599.) “The case of Foster vs. Scott, 136 N. Y., 584, so much relied upon by the learned counsel for the complainants, states no different doctrine, but deals with very dif- ferent circumstances. It is true that ‘whenever a law deprives the owner of the beneficial use and free enjoyment of bis property, or impeses restraints upon such use and enjoyment that materially affects its value, it deprives him of his property within the meaning cf the Constitution. It is not necessary in order to render a stat- ute obnoxious to the restraints of the Con- stitution that it must in terms or in effect authorize an actual taking of the property so long as it affects its free use or enjoy- ment or the power of disposition at the will of the owner.’ - “The statute which the learned court was discussing virtually imposed a restriction upon the use of the property, because it enacted that it could not be used for build- ing purposes except at the risk to the owner of losing the cost of the building at seme time in the future. The court held that this provision of the statute impaired the value of the land and interfered with the owner’s power of disposition, and the statute to that extent was void. But no such restriction is imposed upon the com- plainants in the use of these lands by the action of Congress for extending highways. The free and full right of use remains un- impaired by the terms of this statute. Constitutionality of the Law. “But further, it is argued, the constitu- tionality of a law is to be tested, not by what has been done under it, but by what may by its authority be done, as was said in Stewart vs. Palmer, 74 N. Y., 188. It is urged that by the filing of this map the public has constructive notice that the lands so marked are a highway, and that building thereon will not be permitted, and thus indirectly the complainants will be restricted in the use of their property. ‘Speaking of this objection, the Supreme Court says: ‘This test Is accurate, pro- vided, of course, it is limited to what may rightfully be done and does not extend to that which is wrongfully or under pre- terse of the statute done.’ (Montana Co. vs. St. Louis Mining Co., 152 U. S., 107.) “This statute gives the Commissioners no such power over the lands of the com- plainants; it sanctions no restraints upon the complainants’ right to sell or build on this land. “Other hardships have been suggested, but the courts cannot prevent them. Some of them Congress may relieve by legis- lation, others are necessary incidents of a wise plan of public improvement of the federal city. The Bill Dismissed. “I shall therefore discharge the bill to show cause heretofore granted and will refuse the injunction.” An Appeal Taken. Upon the conclusion of Judge McComas’ opinion, Mr. Wm. A. Meloy, on behalf of the complainants, announced that the case would be appealed to the Court of Appeals, ———_—_ ENDING THE CAMP. Washington Grove Meeting Drawing to a Cloxe. Correspondence of ‘The Evening Star. WASHINGTON GROVE, August 29, 1895. The last full day in camp has been re- markably warm, so warm as to be oppres- sive, too warm for the display of energy or enthusiasm anywhere, but, with an equally remarkable accepting of the situation, the people get as cool places as possible within the auditorium and are deeply attentive to the services. The first leader of the day was Mr. G. R. Cook, who conducted the sunrise devotions. The old-time experience and blessed as- surance meeting, under the conduct of the elder, was a feast of good things. As the first presiding elder of the Wash- ington Grove camp and a preacher known and loved by all men in this section. Rev. Peyton Brown received an evation upon his arrival this morning. He preached to a goodly audience at 11 o'clock and held their closest attention. The farewell meeting of the mothers in the Y. P. Temple was deeply impressive. Mrs. Cohen led and Mrs. Ailan presided at the organ. The last children’s service was v. i — elle he preacher of the afternoon was Rev. H. C. Smith of the Severn district. His = was eerie from John, 15th—“I have chosen you, that you go t fruit” y go to bring forth The evening audience, which overflowed the tabernacle, were a shade disappointed when it was known that the Baltimore elder had not arrived, but his appointment Was ably filled by Rev. A. J. Gill of Balti- more. There were several hundred visitors in camp at this the last night service of the camp meeting, and the people lingered long in the tabernacle. _The elder was much overcome when the time of closing came, and as the choir and congregation joined voice and heart in singing the Mispah song, “God Be Wit You Till We Meet Again,” the people came to grasp his hand in farewell. The usual morning services and the Lord’s supper at the close of the morning sermon will wind up the twenty-third an- nval camp meeting. The guests at the Hotel Albany gave expression to their friendship and kindly sympathy by sending a handsome floral offering to be laid on the casket of Mr. Chas. Crane, whose funeral takes place in Baltimore this afternoon. Mrs. R. B. Foster and Miss Brantley Foster will return to their Baltimore resi- dence today. Mrs. Laurenson of the Circle has been confined to her cottage for several days, but is now less indisposed and able to see her friends. Miss Lucy Garrett and Miss Mabel Shaw were today the guesis of Mrs. I. B. Ward. Mrs. Chas. Miller and Mrs. Dr. Pettis are recent arrivals at the Albany Hotel. (obs eee AMUSEMENTS. Rehearsal of “Heler Last night Mr. Robert Downing gave a press rehearsal of Sardou's “Helena,” which is to have its first presentation on the stage of the Grand Opera House next Monday night. Although the audience was small, it was highly crit- ical, and manifested its satisfaction with the efforts of Mr. Downing and his com- pany in no uncertain manner. The scenery is elaborate and effective, and the produc- tion will be a notable event in theatrical circles. Miss Eugenia Blair, in the title role, has a part in which she will undoubt- ediy make the effort of her life. It is a remarkably strong character, and one fully within Miss Blair's capabilities, Mr. Downing as Orso will find full scope for his powers, and the supporting pany will be tested as to its competen for even the minor parts must be intelll- fently read and acted. Mr. A. D. Hall, the translator and adapter of the picce, arrived last night, and will train the com- pany from now until Monday. The sale of seats has opened quite active, and Mr. Downing and his new venture will be greeted with an overflowing house on the opening of his engagement. . The Bohemian Club.—The entertainment given by the Bohemian Dramatic Club at the arsenal last evening was both an artis- tic and financial success. The entire pro- gram went off without a hitch, and in smoothness and finish would have done credit to a professional troupe. The char- acters were well conceived and presented, and the entire performance showed careful preparation and good management. Mrs. Laura_B. Holderby and Mr. Niell Hughes in “A Pair of Lunatics,” the curtain raiser, were very amusing, and the banjo solo in- troduced by Mrs. Holderby was especially well rendered and much applauded. In the one-act comedy, ‘‘We Speak French Here,” the club appeared at its best. The cast In- cluded Mr, Clarence V. Howard, Mr. Chas, F. Purdy, Mrs. Annie Hughes, Mrs. Laura Holderby, ss Pearl Wolverton and Miss Vassar, all of whom performed their parts in an excellent and well-balanced manner. The performance was closed by Miss Vassar and Mr, Phil. Wisner in the charming little sketch, “A Tiger Trapped.” ed EXCURSIONS. A ride to Fortress Monroe and Norfolk on one of the rew steamers which are now plying between those points and this city is one of the most delightful trips imaginable. It is the most enjoyable way of spending Sunday that can be devised, and the day trips on the steamer Newport News are gaining in popularity on every side. The boat leaves her wharf at 8 a.m. Sunday, gives an all-day sail down the river, an exquisite view of the beautiful scenery along the historic Potomac, glimp- ses of Old Point Comfort, Hampton Roads, Newport News and the Atlantic ocean, to- gether with an opportunity to visit Virginia Beach and Fortress Monroe. The ride home Is just as pleasant and must be taken to be appreciated. Everything com- bines to make it thoroughly enjoyable and not the least of the benefits received is the refreshing sleep, which is induced by the motion of the boat and the sound of the water. The day steamer leaves at 8 a.m. Sundays, Mondays, Wednesdays and Fri- days, while the night boat leaves every evening at 7 o'clock. John Callahan will furnish any information desired” about the boats or trips at the company’s wharf, foot of 7th street. The fare for the round trip is $3.50. Capital Lodge, No. 24, Knights of Py- thias, will give an excursion to Richmond, Va., tomorrow, a special train leaving the Baltimore and Ohio station via the Chesa- peake and Ohio route at 11 a.m., and re- turning, leaving Richmond Monday at 5 p.m. The tickets for the round trip are $2.50 and it is expected from the number of calls already made for them that the affair will be very successful. —_s—_— His Quiet Mcthod. From the Detroit Free Press. Kissam—“Has her papa ever fired you?” Higgins—‘‘He has never resorted to bom- bardment. His tactics are more in the na- ture of a passive blockade.” “How is that?” “When I call to see his daughter he re- mains in the parlor during the whole of the interview.”