Evening Star Newspaper, January 27, 1896, Page 11

THE EVENING STAR, MONDAY, JANUARY 27, 1896-TWELVE PAGES. ‘HE ELECTION DISTRICTS. THE EVE OF ELECTION All the Candidates Are Confident of Winning Tomorrow. THOSE WHO HAVE PAID UP! Instructions Issued by the Board of | Supervisors. DIFFERENT POLLING PLACES ——— es If the emphatic utterances of the various candidates for the honor of being dele- gate to the republican convention at St. Louis, June 17, are to be given credit, the committee on credentials of that body will probably have to decide on the rights to seats of considerably more than two rep- resentatives from the District of Colum- bia. The eve of the primary election which will decide the question of victory and de- feat finds the several leading contestants as vociferous as ever in thelr claims of success, while their lieutenants seem to be even mo nguine than the star perform- ers themselves. e Col « » and his cohorts laugh to scorn any suggestion that the redoubtable Perry will be com ed to doff his big white hat to any other antagonist, and the colonel assured a Star reporter this morn- ing that his majority would rot be less than 5,00 votes. Mr. Andrew Gleeson was also confident of his being chosen as a dele- gate tomorrow and the others were equally sanguine. Mr. L. C. Bailey was almost willing to wager a barber shop or two that he would be sent to St. Louis, while Robt. . Key was considering what hotel he would stop at while attending the conven- tion. aron Bradshaw sent his share of the e! ion expenses to the committee with the air of a man who did not think he was throwing money away, and Milton M. Hol- land stroked his beard with satisfaction and declared himself pleased with the out- look. ‘The friends of Rev. Walter H. Brooks afserted that, like Abou Ben Adhem, his name would lead all the rest of the colored candidates when the votes were counted tomorrow evening, and the representatives of Mr. L. M. Saunders pointed to his com- bination with Carson and wanted to know how it could be broken or beaten, while many intelligent men were willing to pin their faith on the chances of the election of Mr. Oscar Nauck. Such was the superficial condition of af- fairs less than thirty hours before the poils were to open, and a search beneath {t could discover nothing tangible upon to base a more intelligent cast of the situa- tion. It was evident that a great deal of quiet work along the line of what is pop- ularly known as practical politics was be- ing prepared, and that the confidence of some of the c largely based upon their exnectat the cutcome of such arrangements. Instructions to the Judge: The board of supervisors met again this morning in the Glover by ing and com- pleted all the preliminaries for the primar- fes. There were several changes in the location of polling places and in the judges, which are given in their regular order be- low. instructions to the judges were Fe zs follows: Judges at the various precincts will open the polls on the 28th instant at p.m. and close them at 5 p.m. “The bailot boxes will be open to the inspection of all the judges before the bal- loting begins; they will then be locked and remain so * the polls are closed; at 5 p.m. the boxes will be obened and the bal- lots counted by the judges. The result Will be certified on a blank return furnish- ed for that purpose and sent to the board of election at the Glover building the same evening. of the judges at each pre- cinct shall decide all questions as to legal- ity of ballots, ete. “Great care will be taken to prevent iMegal voting. “No person other than the judges and will be allowed in the room where lots are received, and none other will be permitted in the room en the ballots are being counted. “When the count has been completed the ballots will be immediately destroyed by the judges. “Should there be a vacancy as judge or clerk at any of the precincts two judges shall have authority to fill such vacancy. “M. M, PARKER, “President Board of Election.” Those Who Have Paid Up. The various candi¢ates and alternates bad until 12 o'clock today to make the pay- ment of their share of the expenses which the election tomorrow will involve. Mr. L. C. Baily was designated on behalf cf the subeommittee to receive the payments, and &t noon the following candidates and alter- nates had paid In their quota: Milton M. Holland, Aaron Bradshaw, L. C. Bailey, L. M. Saunders, Robert H. Key, Oscar Nauck, c. J. Ortlip, Walter H. Brooks, Perry H. Carson, W. F. Thomas and Andrew Glee- son. Perry Carson narrowly escaped being left off the list by an oversight on his part. When The Star reperter inquired of Mr. Bailey the names of the candidates who had patd their proportion of the expenses of the election, Mr. Bailey showed him a list which did not contain the name of Mr. Carson. When the reporter inquired the reason why the colonel’s name was not present on the very important slip of pa- per, Mr. Batley replied that Col. Carson had only handed in $1, and still owed him $2.50, and consequently he could not put the colo- rel's name on the list until he had fully paid his share of the expenses. The Star reporter informed Col. Carson of his short- coming in the matter, and the colonel drew cut a ten-dollar bill and handed it to one of his trusty henchmen, who hurried after Mr. Bailey and remedied the defect, which = have resulted in a serious techni- cality. Polling Places Tomorrow. ‘The map printed herewith will assist voters in finding where they are entitled to vote, end the following list will convey an additional amount of information about the primaries that will be valuable tomor- row: First district—All of the county cast of Lincon evenue and Bunker Hill road at Fert Bunker Hill. Polling places: First precinct—Douglass Hall; judges, Edward Dorsey, James Wilkerson, George Greenley; clerk, Columbus Scott, Second precinct— Benn. atthew Hunter, Solomon G. Brown, William Peters; clerk, John Slade Third precinct—Ivy City; judges, Walter Wilbourn, Tom Scott, B. L. Nevins; clerk, Charles Hodge. Second district—All of the county west of In avenue and Bunker Hill road. || Polling places: First precinct—623 Pome- roy street; judges, Dr. Gaines, Stephen B. Wall, W._H. A. Wormiey; clerk, Clifton Johnson. Second precinct—Corner 7th street end Whitney avenue; judges, James Camp- bell, John Burris, C. M. Mattingly; clerk, Charles West. Third precinct—Tenleytown; jcdges, N. W. Chappel, Charles Holliday, George F. Roberts; clerk, Abraham Hayes. Third district—Georgetown, west of High street. Polling place: 3331 Q street north- west; judges, v. H. Hunter, Augustus Grimes, James Henson; clerk, A. R. F. Heulett. Fourth district—Georgetown, east of High street. Polling place: 1328 28th strest rorthwest; judges, Sam Collins, James Davenport, W. W. Walker; clerk, Jacov Wakwright. Fifth district—Washington, west of 2tst street northwest. Polling place: 1144 2ist street northwest; judges, Arthur Boston, Peter McCartney, Clarence McClure; clerk, W. M. Barnheim! Sixth district—Commencing at 18th and M streets, M street to 2Ist street, river front; river front to 15th street, 15th street to K street, K street to 18th street, 15th street to M street, M street to 18th street. Polling plac yth and K streets north- west; judges, C. T. S. Brent, Michael Jen- nes Dr. Roger Watis; clerk, Perry Simms. Seventh district—City, northwest, coni- mencing at K street and 15th, up 15th to N, N to 14th, 14th to Boundary, Boundary to » 2st street to M, M street to 1Sih, 18th to K, K to 15th. Polling place, 16th and M streets northwest—Judges, Jas. H. Hudnell, Louis Douglass, John A. Gray; clerk, Thomas F. Meany. Eighth district—City, commencing at N and lth streets, 14th to Boundary, Boun- dary to 6th, 6th to Rhode Island avenue, Rhode Island avenue to 7th, 7th to O street, O to lith street, ilth to N street, N to lit street. Polling place, 1113 Q street nort west—Judges, Paton Harvey, Smith Worm- ley, Daniel Murray; clerk, Joseph Hamnoe. Ninth district—City, between G and N streets and ilih and 15th streets. Polling place, 906 llth street northwest—Judge: Edward Odum, Albert Rice, J. Churchil clerk, James Bundy. Tenth district—City, between B and G streets and llth and 15th streets. Polling place.J2th and C streets northwest—Judge: George D. McCoy, George Davis, W. Ferguson; clerk, Daniel Wallace. Eleventh district—City, southwest, B street south and Sth street west to river front. Poiling place, 8th street between D ayd E southwest, St. Paul's Hall—Judges, Edward Chase, Thomas Williams, R. H. Beverly: clerk, John Jones. Twelitth district—City, northwest, be- tween B and G streets and 6th and 11th streets. Polling place, 8th and D streets northwest—Judges, Chase Roys, Alexander Hooe, William Crawford; clerk, Lewis Lan- fersick. Thirteenth district—City, northwest, com- mencing at G and 7th streets, 7th to O street, O to Ilth street, lith to G street, G to 7th street. Polling place, 1210 10th street northwe Judges, I. Z. Young, J. E. Hayden, William Pastorfield; clerk, James P. McCarvey. Fourteenth district—City, northwest,com- mencing at K and North Capitol, North Capitol to Boundary, to 6th street, 6th to Rhode Island avenue. Rhode Island ave- nue to 7th street, 7th to L street, L to New Jersey avenue, New Jersey avenue to K street, K to North Capitol. Polling place, 441 N street northwest—Judges, Eugene Pinkney, A. H. S. Davis, Thomas L. Bland- ford; clerk, Lemuel Penningham. Fifteenth district—City, northwest, com- mencing at D and North Capitol streets, North Capitol to Massachusetts avenue, Massachusetts avenue to ist west, Ist to K street, K street to New Jersey avenue, New Jersey avenue to L street, I. street to 7th street, 7th to G street, G to 6th street, 6th to D street, D to North Capitol. Polling place, No. 705 4th street northwest —Judges, C. C. Johnson, William H. Smith, J. M. Heisley; clerk, R. Mulligan. Sixteenth district—City, commencing at D and 6th streets northwest, Gth street to Missouri avenue, Missouri avenue to 41% street, 4¥¢ street to Maryland avenue south- west. Maryland avenue to 3d street, along the line of the old canal to South Capitol street, along South and North Capitol streets to D street, D to 6th street. Polling place, 122 4% street northwest. Judges— P. B. Meredith, James A. Brown, Price J. Stewart; clerk, Benton T. Fields. Seventeenth district—City, southwest, commencing at Sth and’G streets, G to line of old canal, along line of old canal north- wardly and northwestwardly to its junc- tion with Maryland avenue at 3d street, Maryland avenue to 4% street, 44% street to Missouri avenue, Missouri avenue to 6th street, B street northwest to Sth street, Sth street to G street southwest. Polling Place, 528 3d street southwest. Judges—Dr. Phillip Brooks, Michael Fleming, Joshua Gunnell; clerk, J. E. Edwards. Eighteenth district—City, southwest, be- tween G street and river front, South Cap- {tol and 8th streets, Polling place, 916 3d street southwest. Judges—Dallas Washing- ton, Con Kenalley, John Branson; clerk, Peter Dwyer. Nineteenth district—City, commencing at 15th and Boundary northeast, Boundary to North Capitol, North Capitol to K street, K to Ist street west, Ist street to Massa- chusetts avenue, Massachusetts avenue to North Capitol street, North Capitol street to E street, E to 15th street east, 15th to Boundary. Polling place, 739 Delaware avenue northeast. Ji M. T. O’Brien, Martin Herdricks, T. J. Edmonson; clerk, Aaron Russell. - ‘ Twentieth district—City, lying south of E street north between North and South Capitol streets and 4th street east. Polling place, 3d street between C and D southeast. Judges—Brooks Burr, W. H. Harris, John Middleton; clerk, Louis Cornish. Twenty-first district—City, commencing at South Carolina avenue and 4th street east, 4th east to E street north, E street to 15th street east, 15th to C street north, E street to 15th east, 15th street to C street north, C street to Eastern branch, along line Eastern braneh to B street south, B to 15th east, 15th to D street south, D to South Carolina avenue, South Carolina avenue to 4th street east. Polling place, Lincoln Hall, 14th and B streets southeast. Judges—John A. Briscoe, A. P. Clark, W. E. Reed; clerk, L._G. Fletcher, sr. Twenty-second district—Commencing at the Eastern branch at the foot of 4th street east, 4th street to South Carolina avenue, South Carolina avenue to D street, D to 15th east, 15th to B street south, B to East- ern branch, Eastern branch to 4th street east. Polling place, 728 7th street south- east. Judges—Edward Scott, John McNal- iy George Moran; clerk, Matthew L. Kel- ye Mectings Saturday Night. The W. F.'Thomas Campaign Club was formed in the sixth district Saturday night for the purpose of aiding in the election of its namesake as an alternate to the St Louis convention. Speeches were made in favor of Carson and Saunders, and Lell and Thomas as alternates, and nearly two hun- dred persons voted to support those can dates tomorrow. The Saunders and Key Club met at 2 P street, and resolved to support Saunders and Key as delegates and W. F. Thomas and W. C. Payne, the secretary of Equal Rights Council, as alternates, At Fishman's Hall, 317 F street south- west, the Citizens’ Republican League held a meeting, at which Sergt. Daly and two Policemen were on hand to preserve order, at the request of President J. C. Gunnell The meeting was a quiet one. Sp2eches were made by F. D. Lee, J. W. Bell, Lu Petersen, J. C. Wright, Rev. George Hat- ton, D. F. Batts and J. A, Perry, and on motion of the latter the meeting, by a ris- ing vote, resolved to support Carsun and Saunders, basing his assurances upon something that Was arranged for tomorrow or that was expected to be fixed up by poll- ing time. The Shamrocks in It. A meeting in support of Mr. Andrew Gleeson as delegate to the national republi- can convention at St. Louis will be held in the club rooms of the Shamrock Athletic Club, 57 G street northw +. this evening, beginning at 9 o'clock. Mr. Thomas A. Harlow, president of the club, will occupy the chair. Terehlight Procession. The efforts of the followers of Carson and Saunders to close the campaign, which takes place tonight, amidst a grand burst of enthusiasm, will be concentrated in a great torch-light procession, which will be foliowed by a big meeting in Center Market Hall. Chief Marshal W. H. Nelson, who will have entire charge of the procession, has ordered his 100 assistants, each of whom will be in command of a Carson and Saunders club, to report at headquarters, No. 1238 10th street northwest, with his men, ready to move at 7 o'clock sharp. It is expected that there will be between 3,000 and 4,000 men in line, each of whom will carry, fastened upon a staff, a lighted lantern, which will be inclosed in a Chinese lantern frame. The First Washington Band, Prot. Thomas Washington, leader, will lead the march, and there will also, it is stated, be a number of other bands dis- tributed throughout the line. ‘The marchers will proceed from the head- quarters via the most direct route to Wash- ington Circle, where they will counter- march and proceed east on Pennsylvania avenue to Center Market Hall, where a great public mass meeting is announced to take place. Messrs. Saunders, Carson, Bradshaw, Gleeson, Bailey, Holland and all others who may have aspirations to be a delegate to the St. Louis convention as a representa- tive of the republicans of the District of Columbia, have been invited to attend and give reasons for believing that he ought to be voted for at the election tomorrow. Friends of other candidates will also have a number of meetings in various parts of the city tonight. Col. Parker says that the judges of elec- tion at the various precincts will not be allowed to throw out votes for any candi- date on the ground that he has not paid his share of election expenses. The board of election have nothing to do with expenses. a AMBASSADOR RUNYON DEAD. The End Came Suddenly in Berlin From Heart Disease. Mr. Theodore Runyon, United States am- bassador to Germany, died suddenly at Ber- lin yesterday morning, at 1 o’clock, from an attack of heart disease. He had been in poor health for some time past, but no im- mediately fatal results were anticipated. Last Tuesday evening he was present at a dinner given in his honor by ex-Empress Frederick, mother of the emperor. Upon the advice of his physician, he took the cure at Carlsbad last summer, and subsequently went to Axenstein, Switzerland, to take the after-cure. He appeared to be much bene- fited by his experiences, and entered upon the discharge of his important diplomatic functions with renewed vigor. Existing complications between the United States and Germany in regard to the removal of the restrictions imposed upon American pork and b&ef products had engaged the principal attention of Ambassador Runyon of late, and had made his duties more on- erous than usual. ‘Theodore Runyon was born at Somerville, N. J., October 25, 1822. He graduated from Yale College in 1842, and in 1846 was adm't- ted to the bar. In 1855 he was made city attorney, and in 1856 city councillor of New- ark, N. J.,a position he retained until,in 1864, he became mayor of the city. He was ap- peinted in 1856 a commissioner to revise and codify the military laws of New Jersey, and in 1857 was made brigadier general and sub- sequently major general of the New Jersey National Guard. At the outbreak of the civil war he was placed in command of a New Jersey brigade of volunteers. In 1865 he was the democratic candidate for governor of his state, but was rot elected. From 1873 to 1887 he was chan- cellor of New Jersey. In March, 1803, he was appointed by President Cleveland United States minister to Germany, and shortly afterward was made ambassador. Degrees of LL. D. were conferred upon him by Yale, Rutgers and Wesleyan colleges. Mr. Runyon was the successor of William Walter Phelps, who had held the place of German minister for four years. He was a gallant soldier, and Fort Runyon, on the Alexandria railroad, at the south end of the Long bridge, near this city, is a perpetua- tion of his name. At the time of the ap- pointment of Mr. Runyon it was remarked as being that of the office seeking the man. His name had been presented to the Prest- dent by Senator McPherson and Senator Smith, and he knew nothing of the applica- tion which was being made in his behalf un- til he was asked by letter if he would accept. The unequivocal indorsement which he re- ceived from the Senators, and the high reputation enjoyed by him in the state, led the President to make the appointment without hesitation. He was a man of un- questioned ability and high social attain- ments. DECLARED INVALID 4 (Continued: from First Page.) 43a is the class of cats in which I understand the deduction of' Benefits to“be sanctioned by the authorities? And this would apply equally to generat’ benefits assessed and special benefits deducted. * * * Prosp¢edive Benefits. “But let us suppose, if so foolish a thing can be conceived OF as possible, that Con- gress should diffet the condemnation of jand,.for improvaments to be made at some future day, andvof a character yet to be determined, and/réquire the valuation of the land condemned to be reduced by the rossible benefits t\the land retained, from the mere prospect! of undefined improve- ments in the future. Could that possibly be sustained as jvst compensation in the sense of the Constituticn? Tere can be but one answer to stch a question; and this leads us to the inquiry whether the present case apprcaches the bre supposed, or falls within the class before described. “The object of the act of March 2, 1893, 1s Geclared to be to establish a permanent system of highways in that part of the Dis- trict of Columbia lying outside of the citles. “A highway is a road open to the pub- ic—1 main road or thoroughfare. “To be complete, it must be opened. As the supreme court of New Jersey says, in State-Gaines Pros. vs. Hudson County Ave- nue Commissioners, 37 N. J. L., 12: “The second meaning which may be given to this expression of ‘opening sald avenue’ is, that it denotes the operation of clearing the avenue of obstructions. * * * No Right and No Assurance. “The principal highway in subdivision 419, which we have been so long examin- ing, is 16th street. As laid out upon the map this passes through inclosures and buildings. Until these are removed it cannot be open to use. The Commisston- ers cannot spend a dollar for this pur- pose without authcrity of Congress. No such authority is given in this act nor any direction that the street shall be opened It 1s not even previded that on any con- tingency, such as the reasonableness of the award of damages or the appropriation by Congress to pay them, the highway shall be opened, but the jaw stops at the condemnation of the land and thus estab- lishes an impassable barrier to any Indi- vidual improvement, without guaranteeing a public one. Until the street is opened no one can use it as a highway, ‘and no one could recover damages for injuries sus- tained in such authorized use. So that the lot owner, by the mere condemnation which the law authorizes, acquires no right to that which is charged to him as the consideration, in part, for his land, and he has no assurance when, if ever, he will acquire that right. Meanwhile his land is taken from him and because the Dis- trict. may take possession of it without paying him for it in money if these special tenefits are charged against it, he can put it to no use. Congress declines to bear any of the expense of highways outside of Washington and Georgetown and throws the whole burden on the reve- nues of the District, so as to make all im- provement in that direction contingent up¢n the condition of the District treasury, so that the benefit lies in the uncertain future and is conjectural. It may be fur- ther remarked, as showing how difficult it 1s,to estimate these conjectural benetits, that no grades have been established for these streets, and therefore it cannot be known whether a particular lot will be above or below grade, a very material ques- tion to the just ascertainment of benefits, even where benefit is certain to accrue, as to.time, if at all’). Judge Cox quotes.a number of decisions, but referred especially to the case of Isom agt. the Mississippi’ Railroad Company (6 Miss., 300). here it appeared,” he said, ‘that the charter of the rainoad company authorized it to have land condemned for its road, and contained this clause, that the jury, in es- timating the damages, shall take into the est mate the benefits resulting to the owner toward the extingyshment of his claim for damages; in the case the court says: “The rule held by this court 1s this: Un- der our constitution, the owner of the land is entitled to ‘j4s® compensation for the damage he sustxins by the application cf his Tand and property to public use, at the time the public make the appropriation of his private propei The value cf the property in the thatket at that time, and no other, and thé Injury ‘then necessarily known to resuit to the owner as the neces- ry and immediate consequence of such public use of his property, without refer- ence to the uncertain or remote benefits or d'sadvantages that may or may not accrue in the future, is what (in legal contempla- tion) the owner loses, whatever is then in- capable of definite ascertainment, but rests merely on conjecture, possibility or proba- bility, dependent on the future, cannot be taken Into the estimate by the rule of just compensation. It cannot be just to award compei sation for inquries that may never happen, nor, on the other hand, can it be just to compensate present injury or depri- vation of right by the possible or probable benefits which may result, at some future time, for what is now an admitted injury. “To say that the owner shall be paid at any other time, or in anything else than the measure of value known to the Constitution, or that he shall recelve more or less than the loss of injury then capable of definite inquiry and ascertainment, or that his claim to this compensation shall be extin- guished by the probable benefits, which, in the future, may result from the construction of a road which may not be finished in six- teen years (the time limited by the charter) cannot by any fair Interpretation of the Constitution be regarded as just compensa- tion first made. This provision of the char- ter, therefore, which requires the jury, in estimating the damages, to take into the estimate tke benefit resulting to such owner by reason of such road passing through his land, toward the extinguishment of such claims for damages is subversive of the rights intended to be secured by this clause of the Constitution, and to that extent is v I indorse these sentiments,” said the judge, “and consider the language of the Mississippi court strongly applicable to the present case. “There is no difference in principle be- tween the taking of private property for the use of a railroad and taking It for immediate use of the state. In both cases it is taken only in virtue of the right of eminent do- main, and in both cases the same just com- pensation must be made. _No Provision for Compensation, “Congress, by the act of 1893, authur- izes the taking of private property for pub- lic use and attempts to pay for it partly in benefits to be received in future,and that contingently. It fails to provide for the first compensation réquired by the Consti- tution to be made, and is, therefore, an unconstitutional appropriation of private property whicn the courts cannot carry out. It is unnecessary to decide whether the recording of the map amounts tc a taking. It 1s sufficient that the law pur- ports to transfer the title and put the government in possession when it has only paid part of thegcompensation due, and this is a taking without just compensation. “It was contended in argument that the mere fact of recording the map was a benefit inasmuch as it established the streets and avenugg in the sense of settling their lines and boundaries for all future time, and thus furnished a guide for all future improvemgpts; that this was the benefit intended by,the act of Cogress and is to be presumed, to be the benelit de- ducted by the juzy. “The act will not; bear this construction. ‘The jury are to,gonsider not the benefit which the platting; or even condemnation of the land may; pe, but that which the purpose (or object) of the taking of the land may be, an@ the object of the taking of the land must be to convert it to actua! use and not merely. to plat it-on a map. Section 11 also must be read in connection with section 15.::y the latter the same jury that assessed the damages—in part by deductions, benefits—are to assess tie general benefits on the land benefited by the laying out and opening of the high- way, and in doints that they are to make due allowance feg:any amount that may already have been-deducted for the special benefit to what is left of a lot partially taken. : “But it is plain that the benefits provided for in both sections are of the same kind as far as their source is concerned. They are the benefits to be derived from a com- pleted, established and opened highway and not from one merely projected on pa- per, and as such, they are not present, but future and contingent ones. I have no doubt that the jury have endeavored to carry out the law in this sense and have arrived at the amount of special benefits by deducting the present value of the parts of land left unappropriated from their probable value when these highways are completed and open for use. “If thia constitutional question had been pressed before the jury proceeded to act I would have felt obliged to pronounce the law unconstitutional, and to arrest all fur- ther proceedings under it. But as the jury has found a large amount of special bene- fits to be deducted from the damages as- certained the inherent vice of the law has been practicajly demonstrated, and it be- comes my duty to set aside the whole pro- ceeding for the condemnation of the land. Other Features of the Law. “I might stop here. But there are other features in the law as to which some com- ments are suggested by our experience in this case. “The tenth section of the law provides that one jury may be sworn and one trial had as to all or any of the parcels of land involved in the proceedings, at the discre- tion of the court. And section ten directs that the same jury which shall assess the damages shall also ascertain what prop- erty is benefited by the opening of the highway, and shall assess one-half of the total amount of damages on the property so benefited. “The jury having been sworn first in re- lation to subdivision 419 of section first, it was at once perceived that if the jury were to consider what property outside of that subdivison would be benefited by so much of the new highway as lies within that subdivision, and assess it accordingly, an- other jury, in passing upon an adjacent subdivision, might, in turn, assess benefits anew upon the lots in 419, and thus the as- sessments of different juries might overlap and be doubled up on the unfortunate lot holder. The jury were, there‘ore, given to understand that they were to contin their assessment for benefits to this subdiviston. “On further consideration it does not ap- pear that this would carry out the law. If we suppose a spacious avenue to be run through a half dozen subdivisions, from the boundary of the city to the boundary of the District, it is evident that the part of the avenue nearest the city is just as certainly, though, perhaps, not in the same degree, beneficial to the most remote as to the nearest subdivision, because it Is equal- ly essential to it, and forms part’ of its means of convenient access to the city, and the benefit of such a highway is not confin- ed to the ground immediately abutting on it, but extends laterally to all the prop- erty to which it adds a convenient access to the city. In fact, it diffuses itself in every direction, until {t imperceptibly dis- appears, like the ripples in a stream caused by a stone thrown into it. But if a jury are to assess all the property so benefited, they must first know the whole amount of dam- ages to be awarded for all the property taken for the supposed highway In order that a single assessment for benefits may be made. In order to do this it would be necessary for the same jury to assess the damages in all the subdivisions affected by the zhway in question, and for all assess ments to be suspended until this work 1s completed, which shows that the assess- ment ror benefits is premature, and would, in any event, have to be set aside. “But, not to speak of the enormous and unreasonable amount of labor that this would devolve upon a single jury, it may be observed that the jury, in making such an assessment, under the present law, would be completely at sea, without chart, rudder or compass. * * * * * © “The uncertainty on this subject of the present law makes it impossible to get at and carry out the intent of the legis- lative authority, ard has the unavoidable result of making any assessment a mat- ter of guesswork, or a purely arbitrary distribution of the burden. Recording the Maps. “The case calls for another remark. The recording of the map by the Commisslorers, if nothing is done in pursuance of this step, Is only a less injury to the lot owners than taking their property without paying for it. The case of state vs. Hudson coun- ty avenue commissioners, before referred to, has some features very like the present case. “The commissioners were authorized by law to open an avenue across the county of Hudson. Among the first acts required of them was that of surveying the rout of this road and adopting a location. TI! was done, and then, by a writ of certior? the proceedings were brought before the supreme court. “The law intended to provide that the ex- pense should be apportioned between the owners of land proximate to the road, within certain limits, and the public. The law was so confused and contradictory, however, as to the apportionment of the expense that the court held it impossible to carry it into execution, and the question then was whether the survey’and location of the road should still stand good. And the court said, per Beasley, chief justice: “In this respect it was said, in the first place, that if the road has been properly laid it should not be obiiterated or avoiled on the ground that certain subsequent proceedings prescribed in the statute can- not be carried into effect. But I can find nothing reasonable in such a_ position. The project cannot be carried through or made in any extent available unless the money necessary for it can be raised. This official survey, brought before us by this writ, is, and must remain under the law in its present state a mere dead letter, so far as the public 1s concerned, but it is and must be a very serious incumbrance upon the property which it traverses. As long as this map shall remain upon the public records, threatening the property which it embraces, with the realization of the scheme of which it forms a part, so long as there is every reason to believe the property will have its value affected in the market. * * * TI do not believe the law will permit a land holder to be held at such a disadvantage. This adopted survey constitutes something very like a conditional lien on this land, and that Hen cannot, with any sort of justice, be suffered to remain in the illusive an- ticipation of future legislation. “Accordingly, in that case, the court set aside the entire proceedings of the Com- missioners, including the recording of the plat of the road. “Had the full effect of the act of 1893 been appreciated before any step was taken to carry it into execution this case would have been an authority for arresting even the preliminary proceeding of recording the map, by certiorari or injunction. “No such question, however, is before me, and I refer to it only as an additional feature of the situation, showing the im- poe anee of some legislative revision of the law.’ Views of the Decision. J. B. Wimer said that if the bill is found to be defeotive there is no use in repealing the entire instrument, as the errors dis- covered can be corrected. If the constitu- tionality of the present law is finally ques- tioned then a bill should be passed to make NREUSERBUSCy ‘RADA MARK. The baby needs it in order to grow healthy and plump; the mother needs it in order to heep healthy and plump. To be had at all Druggists’ and Grocers’. Prepared by ANHEUSER-BUSCH BREWING ASS'N, ‘St. Louis, U. S. A. Send for handsomely illustrated colored booklets and other reading matter. find one coupor. inside inside A Watch for Nothing SENT POSTPAID IN EXCHANGE FOR 100 COUPONS, OR, IF YOU PREFER, FOR 2 COUPONS AND $1.00 IN CASH. ‘The watch in nickel, good timekeeper. quick stem wind and set. You will each 2 each 4 ounce bag BLACKWELL’S CENUINE DURHAM TOBACCO. ‘Send coupons with name and address to CLACKWELL’S DURHAM TOBACCO CO., Durham, N. C. Buy a bag of this Celebrated Smoking Tobacco, and read the coupon, which gives a list of other premiums and how to get them. 2 CENT STAMPS ACCEPTED. ounce bag and two coupons it constitutional, and then the law should be carried out. He regarded the law as of eee greatest importance to the future of the city. M. M. Parker said that if the highway law Was unconstitutional in any of its fea’ it should be amended so as to correct these defects. He believed that the law should be carried out, and that legislation should be asked for this purpose. In the opinion of W. Riley Deeble, it was fortunate that a man as competent as Judge Cox was called upon to pass upon the law at this stage, for defects could then be as- certained and corrected by legislation. He did not think that this decision was a death- blew to the law, but that it could be put in such a shape that it could be carried out. — Handsome Souvenir Number. The souvenir number of the Washington Bee, just issued in commemoration of its fifteenth anniversary, 1s a handsomely 1l- lustrated publication, creditable to the en- terprise and energy of W. Calvin Chase, lis editor. EVERY FAMILY SHOULD KNOW THAT aRy 1 WECETAGLE SD) a very. remarkable remedy, both for INe ERNAL and EXTERNAL Gse and wee erful in its quick action t» rcifevedistress. Pain-K. iller soz ht Bere Lj Diarrhea, D cram holeva, and all Boca Comput Oe Pain-Killer Is THE BEST reme 5 edy known for Sea Sickness, Sick Headache, Pain in B.xck or Side, Rhemnatism 2nd Neuralgia. Pain-Killer grcrvikinest ADE. It brings speedy and permanent relief all cases of Bruises, (1 Sprains, B:vere Burns, ae oe? Cum 5 iz 7 is the aM Pain-Killer *.25,3¢).%44,°74 bs fic, Farmer, Planter, Sailor, and Ing a medicine #iways at \d safe to use internally or ex: certainty of relief. IS RECOMMENDED By Physicians, by Missionaries, by Ministers, by nics, by Nurses tn He BY EVERYBODY. Pain-Killer 22%". ons itself, and few vi leave port without a supply of it. ‘a No family can afford to be without this Invaluable remedy in the house. Its price bri Itwithin the reach of all, awd it will annually save many times {ts cost In doctors’ bills. ware of imitations, | Taka mone Genuine “Psiny Davis.” Pancake Flour. A combination of the great staffs of life— RICE EAT, CORN ai HERE'S OUR GUARANTEE—Buy a Package of Genuine Aunt Jemima’s Self raising Pancake 3 you and if you do not find it makes best cakes ever ate, return the empty box to your grocer, leare you. name, and the grccer will refund the ‘money and charge it to us. BUY THE RED PACKAGE. iftcally Prepared and Manufactured only By” Sctent! oufae 'B. T. DAVIS MILL O0.. St. Joseph, Mo. What you desire In the treatment of your CATARRH, ASTHMA, BRONCHITIS and DEAFNESS is a cure, not a masking of symptoms, which show again upon the slightest exposure. I trent to cure, by methods used hy the best medical specialists throughout the werld. Consultation free. Dr. Jordan, 1421 F St. N. W. Office hours: 9 to 11 a.m.; 2 to 4:30 and 6 to 8 p.m. Sundays, 9 to 12 m. §a25-28d Grateful—Comforting. Epps’s Cocoa.. BREAKFAST- SUPPER. “By a thorough knéwledze of the natural laws witch gcvera the cperations of digestion and nutri. tion, apd by a carefal application of the fine prop- eriles of well-yclected, Cocoa Mr. Epps has provided for our breakfast aid supper a delicately favored beterage which ma many heavy doctors’ bills. Jt is by the use of such articles of @iet ‘that a constitution may be gradually built up util strong encugh to resist every tendency of dis- Hendreds “of subtle maladies are fSoat! int. We may escape mai Eerptn Narscives well fortified, with. pure Stood at a a preperly, nourished frame."’—Civil gette. Made cmply with boiling water or milk. Sold only in helf-pound tins, by grocers, labeled JAMES EPPS & CO.. Ltd.. Fi Chemisra, jomocopathic oto Secsccosoe Baldness is Curable! of unsolicited testimenials prove |. LORUIMER'S EXCELS! AIR oecee age, no matter from what cause the bald- ness arises, after all other remedies have failed. It cures bald patches, scant partings, hair falling out, dandruff, Weak end thin eyelashes and eyebrows will restore gray and faded to Its original Color. It wil absclutely produce a lixuriant growth of Whi:kers and Mustaches on the smoothest face without injury to the most delicate rkin. its effects are truly tmar- yelous. Contains no dye, grease or any barmful ingredients. Prepared by ‘czrimer & Co,, Bzltimore, Md. i Price, 50c. and $1 per bottle. Waslington Agency, ACKER & KENNER’S |* PHARMACY, 1429 ave. ind get a descriptive circular. (RARMMMRRRREMRER ERK tees res | i eae eee sce ees cece ore oa] You’re treading on dangerous ground=== *Twon't be many days now before we shall be out of these stores—and into that handsome new building of ours on the corner of 7th and I streets. The buying that it is pos- sible to do now will be gone when we move. We are going to keep our promise—that none of our present steck shall darken the new store’s doors. The prices are ground down until they can’t be cut any lower—and _farseeing, prudent people are providing themselves with what FUR- NITURE — CARPETS — MATTINGS — DRAPER- IES —STOVES—RANGES — BEDWEAR — CROCK- pe VEVAAW UAB YOU SAVE Money by burning COKE instead of coal. Besides giving out more beat, it is cleancr and more ecouomical. Your bill for fucl will be lessened consider- ably when you use our Coke in place of coal. 40 ba. (ancrushed), $2.90. 40 bu. (crushed), $3.70. Washington Gaslight Co., 413 10th st., z Or WM. J. ZEH, 926 N ST. ja21-28a OVE FTTOSESEST9T90909008S 2 Find your shoe ° e and stick to it. If your feet are tender you need shoes that are cary and comfortable, WILSON’S SHOES are made to con- form with the true Hnes of the buman foot. They are comfortable. ‘They are stylisa. ‘They are reliable. ERYWARE BRIC-A- BRAC — PICTURES — FANCY PIECES, etc., that they are likely to need— knowing that such profligate selling isn’t likely to occur again in a lifetinie. A pointer for you. House & Herrmann, ‘The Leading Housefurnishers, 917, 919, 921 AND 928 71H ST. Ja25-8id 636 MASS. AVE. : $3.50 up per pair. Wilson, 929 F St. Gray Hair A thing of the past when Nattan’s Crystal Dir covery ts used. Guaranteed to restore gray or faded hair to its uatural color in 8 to 10 days— | positively not a dye. out, arres | No stains. PHARMACY, it, express: on receipt of price. SALE OF LADIES’ WET MUSLIN UNDERWEAR, AT KA} MORROW, STH ST. . AND MARKET SPACE. READ AD. : si. T AGENTS, 438 7TH ST. Pri nee o of the couutey ‘any part é octet a