Evening Star Newspaper, October 31, 1896, Page 16

16 THE EVENING STAR, SATURDAY, OOTOBER 31, 1896-TWENTY-EIGHT PAGES. OUR LOCAL COURTS How and Where Justice is Adminis- tered in the District. Se THETRIEUNALS AND THEIR FUNCTIONS Cases Can Now Come to Trial in a Few Months. THE JUDICIAL SYSTEM HE REMARK WAS mace at the city hail > the other day to the effest that the judi- al gystem of the Dis:rict of Columbia is one of the very Lest in the United States. The speaker was a prominent member of the bar, but the opinton thus expressed is one that is senerally keld by practicing lawyers as well as iaymen. In spite of this, there seems ww be cuasiicravle about the courts of the Dis:rict. ly it is known, for instance, that there Is @ Police Court, also that there is a Crim- inal Court, and a Circuit as well as an Equity Court. Thon, too, some know that there is a Court of Appeals and a Probate Court; also a District Court, but very few people know the respective pow- ers and authority of those tribunals. And, it can safely be said, fewer still have more than a faint, general idea of the manner in which proceedings in the various ccurts of the District are conducted. The judicial system of the District is made up of the Polize Court, the Supreme Court and the Court of Appeals. In addi- tion to those tribunals, there are a num- ber of justices’ courts. presided over by justices of the peace ne Supreme Court of the District is divided in equity, circuit, criminal, probate and district branches, as well a rm. Then, the equity, circuit and criminal business of the court ts in divided into two courts in Hence, the &@s arranged of the Court each of those three braaches. Supreme Court of the Distr t, is really compo: a urts Ni 1 and 2, Criminal Courts Nos. 1 and the Probate or Or- phans’ Court and the District Court—nine branches in all. The personnel of the Dis- wreme Court consisis of a chief five associate justices, and that urt of Appeals of a chief justice aud two associate justices. Justices of the Pence. The inferior courts of the District, that is, the most inferior in jurisdiction and power, are those presided over by the justices of the peace. A justice of the peace, while authorized to issue warrants of arrest in criminal cases, directed to and lice officers, cannot sit in such when appointed by the as judge pro tempore of the Police Court, and only when a judge of the latter court is absent from the So it is that Di t justices of can only hear civil cases. That instituted for the recovery of real 1 property, or for the recovery ef damages. But the amount in contro- not exceed $300. If it does then an only be tried in the proper the District Supreme Court. of But where the amount sued for is not less branch than $100 and does not exceed $300, the party filing the suit, who is termed in law the plaintiff, may file it either before a justice of the peace or in the Supreme CSurt of the District. And where the amount in controversy before a justice of the peace is not less than $5 the right of trial by jury is given. From the judgment of a justice of the peace an appeal lies to the District Su- Preme Court. That fs, wherever either 9 a suit before such justice fs dis- with the result of the trial, the fied party, plaintiff or defendant, ¢an, on appeal, carry the case to the cir- euit branch of the District Supreme Court. There the disposition of the case 1s final. Until recently, however, It was held that where the trial before the justice of the peace was had before a jury no appeal could be taken. But Judge Cox several Weeks ago reversed that ruling, one which bad stood for years. So, unless the Court of Appeals reverses Judge Cox, appeal will Me in every case before a justice of the Peace. The Police Court. The Police Court not only has two judges, but it may also be said to have two branches, a District and a United States branch. That {s, the court has jurisdic- tion not only over offenders against the District or strictly municipal ordinances and regulations, but also In certain in- stances over those violating the laws of the United States. For instance, a person charged with profanity or disorderly con- duct is triable in the District branch of the court for violating a municipal law or WHERE THE COURTS ARE HELD. inspection and consideratian__the.. whole record of the proceedings taken in the lower court, the superior court having, of course, authority to set aside the judgment below. The Police Court, that is, the United States side of it, also acts as-a-court of commitment for trial. That is, where a person is charged with burglary, or with some other crime which is triable cnly in the criminal branch of the District Su- preme Court, the judge of the Police Court sits merely as a committing magistrate. Testimony is heard by him, and if a prima facie case is made out against the accused the alleged criminal is required to. either give bonds or go to jail to await the action of the grand jury. = Most of the offenses coming before the District branch of the Police Court are punishable by fine or imprisonment in the workhouse, while those triable on the United States side of the court are punish- able by fine or imprisonment in jail. but no sentence of a year or more in jail can in any one case be imposed, although sen- tences to the referm schools are during the minority of the convicted boy or girl, unless sooner discharged for good behavior. The Police Court is also authorized to com- mit destitute children to the.custody and care of che board of children’s guardians, as well as to commit alleged lunatics for examination as to their mental condition. The Equity Court. 5 The highest, certainly the most powerful, branch of the District Supreme Court is the Equity Court. The equity branch of the court is resorted to when the aggrieved party, termed the complainant, is without remedy elsewhere. It is the court which possesses, through injunction, the’power to restrain persons and corporations from do- ing the things complained of. An injunc- tion, by the way, is analogous to the writ of mandamus, the office of the latter being to command the performance of something which has been neglected or refused. Mandamus cases are not, however, heard in the Equity Court, but in the Circuit or Criminal branches, or in chambers of the District Supreme Court, and the iatter tri- bunal enjoys the distinction of being the only court in the country having the au- thority and power to issue a writ of man- damus against the executive officers of the general government. But, while the Equity Court cannot issue [LESSEN POLICE the writ of mandamus, it does, neverthe- less, possess the power to compel the per- formance of certain .things,such, for in- stance, as the conveyance of property, the transfer of books, papers~etc., the pa ment of alimony,.and so on; end if its or- ders be disobeyed the court has the power to send the’ disobedient persen or persons to jail until the orders of the court are obeyed. Or, in its discretion, the court may fine the party In contempt of its orders. Great Remedial Tribunal. The Equity Court is the one having juris- diction. of divorce cases; it is the tribunal where Smith must appear when he wishes to change his name to that of Jones, and it is also the one which dissolves business as well as marital partnerships, and en- forces the collections of mechanics’ liens and judgments not otherwise collectible. Then; tco, it is the court to be sought when the curing of a defective title is desired, or when the specific performance of a con- tract is wanted or the appointment of a receiver or the abatement of a public nuis- ance is asked. It is also the court which authorizes inquiries into the mental con tion of alleged lunatics, Indeed, the Equity Court is the great remedial tribunal of this jurisdiction, as well as the guardian of children and of insane persons; and, while it can enjoin civil proceedings, ‘it cannot restraia criminal prosecutions. Before one can go into an Equity Court one must do equity—that 1s, one must not enter it with unclean hands—for jts motto is that of the golden rule, “Do unto others as ye would have them do unto you.”, Then, having done equity, one may demand it. The person filing a sult in the Equity Court is termed a complainant, in most cases, because of-the fact that in insti- tuting such a suit he first files a statement, sworn to, of course, which statement is called a bill of complaing In other words, the suitor complains to the cour} that such and such things have happened or will hap- pen, as the case may be, and that he, being without remedy elsewhere, prays,the court that the person or persons complained, of may be required to answer. his bill of com- plaint, and that he (the complainant) may then have the particular relief asked for and such other and further relief as the court may be pleased to grant him. Sometimes the party instituting the suit is termed the petitioner; but the person or >. while one who $s accused of Petit larceny, or simple assault, or carry- ing concealed weapons, is triable on the United States side of the court. Jury trials are provided for in the Police Court where the fi cused person may waive a elect to be tried by the ji By @ grave but unintentional oversight there is no right of appeal from a judgment rendered the Police Court, but that omitted right is secured by those defendants who have the means, through a writ of habeas corpus, or writ of certiorari, and in either DY those ways an age! d party can not only carry his case from the Police Court to the District Supreme Court, but also, in due course of time, to the Court of Appeals. But the expense of so taking an appeal, fer that is really the purpose and effec in such cases of suing out a writ of habe: corpus or certiorari, is so great that only in rare instances does a person convicted in the Police Court pursue such a course. Appenis to a Higher Court. In this connection it is well to explain, Perhaps, that the writ of habeas corpus fs resorted to where one is unlawfully de- right tained, restrained or deprived of his lib- erty. When the writ issues, in almcst every instance as a matter of course, the person Ge or imprisoned is produced before e judge granting it, who thereupon in- quires into the cause or ground of the per- Son’s detention or imprisonment. if the judge 1s satisfied that the cieten- tion or imprisonment is unlawful he there- pon discharges the person from custody. os way a@ person convicted in the lice Court can not only have the legality of the conviction passed upon by a judge ot hepa amen Court, but also, throug! from decision, by the Court of Appeals. The province of a writ of certiorari, in h instances the same as that of habeas » is but a different way of securing same end, as the issuance of the writ superior court requires the inferior lbunal to send up for the upper court's complained of is almost invariably desig- nated as the defendant. Notice of the filing of the suit is given the defendant, who is then required to reply within a certain period. A response varies, of course, according to the nature of the defense, and, if the defendant does not demur to the sufficiency of the bill of complaint, or oth- erwise pleads to it, he files his reply, and it is termed his answer. Then, if the com- plainant dees net object to the form of the defendant's answer, the parties join issue, which means that they are willing that the case shall statements. Generally it is necessary to take testi- mecny in the case, and it is taken not be- fere the judge, but before an examiner designated by the court. Then, the testi- t.ony on both sides completed, the case is piaced on the calendar of the court. In aue course of time it is reached, when the bill of complaint, the answer, testimony and such other necessary papers are read to the judge, the case is argued before him by the attorneys of the respective parues to the sult, and then the case is ready for the judge's decision, there being no trials by jury in the Equity Court. Of course, in all equity cases, as ia true in all others coming before the different branches of the District Supreme Court, an appeal is al- lowed to the Court of Appeals. The Circuit Court. The circuit, or law side of the District Supreme Court, has jurisdiction of those suits in which debts and damages are sought to be recovered, provided the amount is noc less than 3100. For in- stance, if Brown refuses to pay his ac- count with Béack, or has neglected to meet his note, now the property of Black, the latter files a suit against him on the law side of the court. So, too, if Smith fe injured, or his wife or child is injured or killed through the negligence or carelessness of a corpora- tion, individual, or even the District of Columbia, he can in the same way sue to recover damages. The law provides, how- be heard on their respective COURT BUILDING. ever, that where death results the - ages shall not exceed $10,000, but does not Umit them where death does not ensue. Damages are not confined to those cases in which physical injuries alone resulted. for damages can be sued for where one is slandered or libeled, or where one ‘fails. co perform a contract, and, indeed, for al- most every injury. So, too, damages can be asked for breach of promise of mar- riage, for trespass, unlawful arrest and entry, as well as for injury to property, and so on. Such suits are called civil cases, and are inaugurated by the person claiming goods, money or the possession of real estate filing with the clerk of the court a sworn statement which is the pla{n- tiff’s declaration, the person instituting the sult being called the plaintiff, while the other party to it is termed the de- fendant. After the suit is filed the de- fendant is duly summoned or notified of that fact uy the marshal, and is givem & certain period in which to answer. If he does not answer within the prescribed time the plaintiff is entitled to a judg ment by default. = The “aefendant answering, may deny that he is in any way lable, or he may demur to the declaration as being | fn- sufficient or otherwise faulty, or may join issue at once. When issue is joined at once or after the disposal of other pleas, the cause is placed on the calendar of the court, and when reached in due course of time it ts tried in the circuit branch of the District Supreme Court be- fore a jury of twelve men. coed Jury im Civil Cases. rea But, if both sides so agree, it can be tried before the judge, the law permittirig trial by jury in civil cases to be waived. Civil cases are decided according to the preponderance of evidence, while criminal cases may be decided on the testimony of a single witness if the jury take his tes- timony in preference to that of two or more on the other side. Ordinarily, a verdict ends a case, and then, the jury or judge deciding in fayor of the plaintiff, he is given judgment against the defendant for the amount awarded. ‘That is, provided the trial court is satisfied that the amount is just and not excessive. If the judge thinks it ts a just or fair one, he orders a new, ; or, he may compel the plaintiff to frase submit to such a reduction as will in the court's judgment be just and reasonable under penalty of the verdict being set aside and a new trial ordered. bd Both the plaintiff and defendant’ aré’| entitled to ask fer a new trial when, the, verdict is respectively against either of them, whereas in a criminal case only the defendant, the accused person, can ask for a new trial in the event, of course, of conviction. In some jurisdictions, how- ever, the government or prosecution is also allowed to ask for a new trial and an appeal. Of course an appeal stays the execution of the judgment in civil as weil as in criminal cases, provided the ‘party: taking tne appeal gives a bond which in- sures its prosecution before the appellate tribunal. The defendant appeals where the vérdict against him is sustained by the trial court, and the plaintiff where a verdict in ‘his favor is reduced or set aside. The appeal is so taken that all material questions arising during the trial may be reviewed and considered by the appellate eourt. That is, such a record of the trial below is made up and transmitted to the appellate tribunal as will fully present tc it all the matters at issue—the alleged impreper rulings of the trial judge, the unfairness or excessiveness of the verdict and the other almost innumerable matters on which .up- peals are based. The Criminal Court. ©)! The most Interesting in a popular sense of the District courts is’ the Criminal Court, in which are tried all those offending against the laws of the United States: ap- plicable here, the penalttes for which. run: from an hour in jail to life imprisonment be penitentiary or death on the -scad+ ‘old. The shortest sentence ever inflicted here: in the Criminal Court is belleved to have: been one of five minutes, imposed by Judge Bradley a few years ago in the case of. colored boy who had pleaded guilty of stealing a trifle. The youngster had been in jail some time, and the judge, belleving that he had been sufficiently punished, sen- tenced him to be imprisoned, not in jail or ir. the penitentiary, but in the court room, for the period of five minutes. And the sentence was duly served. Before a person is tried in the Criminal Court he is indicted by the grand jury. The charge against the person is laid be- Tore that body by the attorney of the United States, when witnesses having \rowledge of the facts in the case are yummoned and examined by the grand {ury. The examination of witnesses «1s conducted privately, the grand jurors being sworn to keep secret all matters transpirtng'|" before them. The grand jury is composed ot twenty-three members, and if thirteen of them vote to indict, the indictment is prepared by the United States attorney. If is then signed by the foreman of the grand jury and then formally presented to the judge of the Criminal Court. If thirteen or more members of the grand jury vote against an indictment, the charge is, therefore, ignored by that body, when, unless the United States decides to present the charge to a succeeding grand jury, the used person is discharged from custody. er the indictment is found and pre- sented in court, the a d person is ar- raigned in the Criminal Court—that is, the indictment is read to him by the clerk of the court, when the defendant pleads either guilty or not guilty. “If a plea of guilty 1s made, sentence is imposed; but if a plea of not guilty is made, or one attacking the sufficiency or validity of the indictment ip entered, a trial follows after the indlct- nent is sustained. The trial takes place before a jury of twelve men, and if the accused or the gov- ernment objects to any member or mem- bers of the jury, and the objections are sus- tained by the judge, those members ob- jected to are excused from serving and others are called to serve in their places. When the charge is murder, the defendant is allowed twenty peremptory challenges— that is, he can keep excusing jurors to that number, and can do so without giving any reason whatever therefor. In such a case the government 1s allowed five per- emptory challenges. In a case of felony the defendant {s allowed ten peremptory chal- lenges and the government three. In other cases each side has three. Such challenges are, however, exclusive of those made for cause, such, for instance, because of the bias or partiality of a juror, and so on. A Criminal Trial. The jury selected, the United States at- torney explains the government's case to the jury, when the defendant’s counsel ex- plains his theory of the case, or he may re- serve his statement until after the exami- nation of the government's witnesses has: been concluded. The witnesses on both sides having given their testimony, the. jury is addressed first by the United States attorney and then by the defendant's coun~ sel, and finally by the United States attor- ney. Then the jury is charged by the judge. That is, they are instructed by the court as to the law applicable in the case, and @iso as to the evidence. While it is permissible for the judge to express an opinion as to the facts in the case as brought out by the testimony, he is bound to inform the jury that they alone are to decide what has and what has not been roven. But, on the other hand, he Is also und to inform them that they have noth- ing to Go with the law applying in the case, That is, the court decides the law appli- cable fone Sug tee furs, pe rants. After charges jury tl re- tire to their room, in charge of a bailiff, to consider their verdict. No one is allowed, to invade » the tention y ithe in ir whic takeowitth them Im Crimi fjlcaseg the, Jury soust, be ren ‘tacts developkd dictment ‘being are allowed nal as well fi be unan @ verdigt.can lered, and t ot allowed to separate after they re anes a ~in capital ci . ih tases In which the penalty tg) ea i are kept, toget! in charge of res the: time they teke their-oatf upoy the co: pletion of the. jury until a°yerdtc#’ js reached. In other "cases, howeyy ‘the¥‘are permitted to sep- arate between the fine of betdg sworn and ofretiring to°BeWbcfate, but they are friva- rlably cautioned by the judge that they “must nottalk AbOus the case with any one, and must noSallow‘any one to talk ahdut itm ‘thet presence Then, too, "they are advised against féading ‘newspaper ac- counts of thé oase @#ring the trial. "~~ vA the, verdigt imane of not-guil cused, who is always presumed fr faw ‘to'be ‘innodent until cénvicted, ts at. once dis- charged fri Por ‘conv! ction, the. prisoner is‘ either sen- sentence. Sentence, whére notice of a mo- Hon~for“a"Kew*tHal or tin arrest pf jude- ment is given; ts defetted until’the motion, been afeuse and “disposed, pf by thé Where murdertg rgéd ‘the-yetaict may be guilty, not“‘gutityor BYilty of man- slaughter? Where ‘assaults th Interit. ti 0. kill is charged, ‘guilty, not Zullty. or aullty” of simple arsault, and’ where is charged the jury may reduce the grade of the offense to “that of petit “ldrceny. Suvors;- particularly ‘where murder ig’ the charge, are generally very foath t6 éotivict the-aecused-'ef «the graver crime, and in that way many offenders who were guilty at*least of murder ‘tn ‘the. second degree have been punished~ stmply for’ man- sladgnter, ‘théte being ‘ho degrées of mur- der here, a condition of affairs that is greatly déplored. A The death penalty here }s that ‘of hang- ing, the law requiring the execution to take place within the walls of the District Jail. Save ‘for offenses pumishable ' under” the Edmunds, or Utah, act, punishment in the penitentiary cannot be for a less time than a year anda day. Persons sentenced to imprisonment are allowed to have cer- tah thne~off for-gbod behavior, while in prison—two months off during’ the first year, two months during the second, four months during the third yéar, four months from the fourth, and five ménths off. the fifth ang every ‘succeeding year. So, for instante, a ‘Sentence of ten’ years really means, ff the convict’s behavior is good while in “prison, but’ sit years and six months’ actiial imprisonment: Probate and District Courts. The Probate or Orphans’ Court has juris- diction over .the-estates of deceased persons and their orpharis. It is the court’ which admits “Wills té‘probate, appoints adminis- trators,of estates where the owners died in- testate—that is, without having left a Will. In thé*case of a contested will, the court certifies the questions at issue to the Cir- cuit Court for trial there by jury, it. ap- points guardians for children, and exercises a general supervision over all matters aris- ing out of or connected’ with the property of deceased persons. The Distriet Court hears what are termed cases In admiralty, that Is, cases arising ‘out of ‘clafmis made agatrist: vessels... Far instance, sailor claiming that the cap- grand larceny tain of a boat owes him wages’ files what | } is-ealed a'liber kgainst the ‘boat: In other words, he files ‘his claim and prays ‘tat-a bel dssués'"Thereupon the “Distriet’ Court directs the marshal to take and hold the boat, and that is what is meant by libeling a boat. y 9 Before the.lboat ts released, a bond to cover the cla?m made must be given or the ildime -sutisfietk If the bend is given, the case is subseuent?y heard by the’ court, ‘and’ it-ts“'disposed Yof after -testimpny. .i3 heard. The District Court is also the tri- bunal having? jurisdiction ‘of - proceedings for the acquisetherit of land through con- dcmnation. This ts°the court in which the street extension cages instituted under the highway act were tried, Court of Appeals. : .. The Cougt of Appeals is, aa its name im- plies, the appellate. tribunal of the District: It hears and determines all. appeals taken in the variqus branches of the District Supreme Coypt. It; also bas jurisdiction over the-eppgals taken from. the decisions of the commissioner of patents. It was or- unized in, April, 1898, and succeeded to the appellate powers of the, Court In General Term. The latter tribunal has no appellate juris- Aivtion how, afd sits ‘merely as the District Supreme Court. The Cotrt of -Appeals is the court°of last resort, where the amount in controversy is less thdn’$3,000. | It {8 also the court of last resort in criminal oases. «Its: construction’ 6f'the laws. save where it is reversed by the United States Supreme Court, becomes the supreme law of the District, and all inferfor District tri- bunals must be so gulded. It is in session from the first Monday !n October until it adjourns in-June for the summer, and as a rulv; It sits from 10 a.m. to 2 p.m., every weeloddy enoept Satuady. Si Unless otherwise specially-orderéd each ssidevin ‘wtease ts allowed but two hours in which to make arguments. The“detisions ‘ofthe court are not: delivered orally, but, according to the act*organizing the court, are written and filed with ‘the clerk of the court. One of the results of the organization of the court has been such a clearing up of the dockets of the various courts that every: case can-new be tried in a few months’ time. _ eS Ame ¥ > —_—_— ry - Tbe campelen’ will -bed¥éred in all parts of the couptey. by an experienced corps of reliable. and impartial newspaper men engaged for the purpese by..The Evening "Star. Read what they ‘say*next Tuesday afternoor i" the regular and special edi- Hons... xe = PASSING: OF THE RAVEN. ye we The’ War-on the Bird Because of His Attacks 9n Game. From Longman's Magarine, “Thé “whole domains, the large timber, and the-anctent families survive, but the raven has vanished. It occasionally takes a young rabbit. But the human ravens of Somerset—to wit, the-men and boys who have as little right to the rabbits—do the same. I do not suppose that in this way fewer than 10,000 to 20,000 rabbits are an- nually “picked up,” or “pdached”—if any one likes that word better—in the county. , Probably a lesger number. The. existence of a pair of rabbits on an estate of 10,000, 20,000; or 40;000 acres would not add much to the.loss.. No doubt the rayen kills, other creatures that are presented for sport, but jit dges not pear that. its extermina- tion ‘has improved things in Somerset. Thirty years ago, when black game was more plentiful than it is now, the vaven was to he met with throughout the county, and was abundant on Exmoor and thé Quantocks. ;jThe @ld_ headkeepar on the Forest of Exmoor told me that when he took the place, jwenty-five years z#go, ravens, carricn crows, buzzards and hawks of various kipds were abundant, and that the war he jad wesed against them for @ quarter ofa century had well nigh cx tirpated all these species, He had kept.a the species im evety case, us he was paid for all, but the reward varied, the largest sum being given flor the largest hirds— ravens and bazzamls. His book shows that one year, twenty-three years ago, he was: paid for fifty:two ravens shot and trapped. After that the number annually diminished rapidly, and-;for #everal years past not one raven ha@ been Killed. 4 1 @ ¢ —______ He Knew It. 2, From the Detxolt Freq;Press, Pompus Méstress+‘‘Who is that man at the door, Harinah?” New girl—“He says he’s the rent collector, ma'am,’ P, M.—“But, Hannah, we don’t pay rent.” New girl—“That’s what he says, ma‘am.” Following Instructions. From the Detroit Free Press, “Here,” roared the statesman to his new private secretary, “where are you going with all that mail? “Over to the express office. You told me you wanted all your letters properly and carefully expressed. ee ‘The truth ofthe statement: “If you want today’s news, you can find it only in The Star,” will be again abundantly proven to ‘the Washington public in next Tuesday's y; the 20-4 from custody. If tha verdict is one. fenced @t-once oraemanded to jail,'ta await’ careful record of @ll birds killed, noting. ELECTION RETURNS How the Telegraph Companies Secure Bulletins and Distribute Them. SPEED AND ACCURACY REQUIRED An Enormous Profit Resulting From the Service of One Night. INTERESTING INCIDENTS ee HE LAST TWO Tse have béen full of hard work for the officials and linemen of the Western Union and Postal Telegraph companies. They have been preparing for the speedy and accurate circulation of clection news next « Tuesday night, and unleas a severe wind storm destroys their work the people of the United States will learn with prompt- ness whether Mr. McKinley or Mr. Bryan will occupy the White House for four years after March 4 next. * New wires have to be strung, loops run into houses, instruments provided, old wires renewed, operators assigned and a hundred and one details looked after that cannot be put off until the last moment. The immense volume of telegraph busi- ness taken care of during the national con- ventions last summer by the telegraph com- panies has warned’ them of what to expect next Tuesday night. The interest in this year's clection is almost unprecedented and every effort will be made by the dissemina- tors of news to meet the wants oZ the people. An Evening Star reporter caught a tel- egraph cfficial et luncheon during the noon hour one day the past week aid se- cured an interesting story regarding the details of handling election returns. “These things cannot be put off,” said the official, referring to the preparations for the handling of election news, “as every minute is valuable, not only to the com- pany, but to our customers. Woaat the lat- ter want is news, no matter what the cost, and while we are striving to accommodate them in every particular, as a business or- ganization, we are also looking out for the money end of the string. Big Profit for One Night. “Very few people realize the enormous Profits that come to the telegraph com- p&énies as a result of a national electioa. Ro give a rough estimate, I believe the Western Union will take in fully $700,000, and that $500,000 will be clean profit. This 13 a pretty good profit for one night, but lke all good things, it does not come often. “To start with, every special point in a tcwn or city is assessed from $25 to $100 each, as the circumstances warrant. For instance, in the west it has been a com- mon thing on election nights for parties to club together, hire a hall to receive the election returns, and charge 25 cents ad- mission. The halls are generally packed, a profit of several hundred dollars usually results. For this service we gen- erally charge $100. On the other hand, a purty of club men will want the service in @ private room of their club, and of course $25 is only a fair price under the circum- stances. So you see, the manager that has to handle the returns in every town or city mtst_ use considerable business tact and diplomacy. “A little figuring on paper will demon- strate how large a clientage the tel- egraph companies have on election night. Txke a city like Washington. Every newspaper,“ every club, a couple of theaters and state organizations and every hotel will! want the returns. You know how many there are, and the simple Ereblem of addition will show how much money we will get out of the capital city. Then consider the many smaller cities of say 40,000 inhabitants all over the country, and the vast number of special wires that will be called for in cities like New York, Chicago or St. Louis. It is a case where the people want the news, but you can rest assured we are more than willing to ac- commcdate them at so much per special wire. Newspaper Specials. “In addition to the election returns, an- other profitable source of revenue resulting from the election that should not be lost sight of are the thousands upon thousands of private telegrams and specials to the newspapers. There is not a paper in the United States of any prominence whatever that depends solely upon the telegraph companies for election returns. They have special correspondents in every state in the Union located at the headquarters of each party, and their shrewd summing up some- times beat our returns fully an hour cr more. We sometimes get around this beat by securing the news from the paper to which it is sent. “The way a telegraph company secures the election news is from every one of their agents all over the country being in close touch with the returning boatds. Counties come first, then cities, congressional dis- tricts follow and then the states. These returns are sent to the chief office in each state and by that office quickly transmitted to New York or Chicago, the two chief centers of distribution. “At the main offices numerous check sheets are kept and each return dovetails in as accurately as could be wished. At New York and Chicago this check-sheet system is enlarged to a great extent and in this way the election battle is followed as accurately as a game of chess or foot ball. If these returns should fall short of being able to keep the wires busy, our friends, the newspapers, are called into use, and their private information, although some- times biased, if properly credited, is keenly relished by the enthusiastic crowds in front of the bulletin sheets. “After the returns are received at the main offices hundreds of copies are dis- tributed over the office to the nimble-fin- gered operators, who place them on wires running through the local stations and out into the country. Distributing the News. “Take a wire that will run election night from New York to Washington. On this wire will be placed about a dozen offices, taking in, say, Philadelphia, Baltimore. In Washington this wire will run to the main office, and thence to the newspaper offices, clubs, ete. At the main office an operator }is watching this wire, and from it secures the news. In the other two cities the ar- }rangement is the same. We could place a hundred offices on one wire if necessary, but there is too much risk to run in the way of meeting with a poor operator, who, if he does not get the dots and dashes clear- ly, will open the wire, thereby stranding all the other offtces on the line and causing a delay that’ is almost criminal on such a night. For this reason we generally us- sign twelve offices to one wire, but on very important wires run as few as three or four. “To get the news to the anxious people on the street requires an extraordinary amount of work by the newspapers. Take The Evening Star as an example. On election night there will be five special wires at work in its building. One wire will carry the Western Union returns, another The Associated Press bulletins, the third wire will handle the specials from the numerous corresponcents all over the country, and the fourth ‘wire will carry the Postal re- turns, and a fifth wfl be run in for specials that will come over the wires of the latter company. In addition there will be a long- distance telephone wire, over which mes- sages will come from all parts of the coun- try. Each operator will have a special buXetin writer at his elbow and as the news flows in it will be sifted and boiled dow: so as to give the people outside the latest returns in as small a space as possible. “These are the details in the rough that we have to look after, and for this reason have been hard at work for the past two weeks. Calls are coming into the office al- most hourly for private instrumenis and wires, and our linesmen are kept busy all day and sometimes during the night. _ Operators in Demand. “You can easily imagine the demand these private wires make upon us for oper~ ators to receive the news. We must have @ large force on hand at the main office, as private messages are thick as snow- flakes in a storm on that night. “Our contracts are always made for the news alcne, the >perators being paid by the parties that receive the returns. They are usually allowed $5 for the night's work, as it is a sort of gala occasion, and the best men do not care to work election night. We are always compelled to draw on the railroads and government depart- ments for operators to help cut, and even these additions are frequently inadequate, old men that have not worked at a key for years coming back into the business for a one-night stand. “As to our best customers, I think New York and Pennsylvania head the list, al- though this year Illinois and Ohio will probably be almost even with them in the financial returns. I wish I could give you the exact figures of the numoer of private instruments that will be in use in New York and Pennsylvania on election night; it would be an eye-opener, I am sure. The workingmen in the smaller .owns are pro- verbially good spenders, and on election night chip-in to secure an operator and private. wire. = = “The humorous incidents tn connection with the receiving of returns are many and varied. For irstance, a man is assigned to a private club. In a nearby room a table is spread with a dainty luncacon, and on a sideboard Mquors of all kinds can be hai for the wanting. If the news that comes in pleasesa certain set the poor operator is patted. on the back and asked by several at a time to have something. Then the returns take on another complexion, and the opposition set, not to be outdone, call upon the operator to stand by them, and again the lgucr is served. Where Liquor Flows Freely. “It has frequently occurred that by mid- night clubs of this kind will be beseeching us to send them another operatur, as the man they have has gone to sleep, leaving them stranded. “I can call to mind now thre. incidents in connection with receiving the election returns. One occurred in this clty, and in a private room secured by about a dozen sporting men, who had thousands of doliars on the result. As an operator they secured a@ man who had worked at the different race tracks and was an expert in the busi- ness. “Two of the men went to the operator and told him to give out exactly the oppo- site returns that would come in over the wire, and that they would give him a pe centage of the money they secured on bet! But they tackled the wrong man, or a man as shrewd as themselves. “The operator went to a friend in the party, told him of the scheme, and it was decided to take all the money that was of- fered. Well, you remember how, from the very start, everything that year had a Clevelang complexion. The two crooked men decided at once that the operator was ‘cooking’ the returns, as he had promised, and immediately began boasting of the strength of Harrison in New York, and as- sumed an aggrieved air. Then the money was flashed on the crowd, but only one man, after a well-diszuised effort at hesi- tation, took a hundred-dollar bet. hen the schemers became bolder, and $500 was offered on Harrison. The one man bettor played his part well. He became angry and apparently lost his head: “Make it a thousand and cover it,’ “The offer was inStantly accepted, and oe eer betastal owed. How the ed, thi, up with the two Fx einer 1 never Fearne, but I do know that “he went out of the telegraph business and is now a full-fledged partner of the bookmaker he befriended that night. Got What They Wanted. “The seoond:tase occurred at one of the big.-wptown-clubs, the men that clustered around the operator being of national rep- utation. By special réquest we had given them one of the best men in the business, but they began loading him up with fancy drinks at an early hour and his usefulness was destroyed. The party was entirely of one way of thinking, politically, and the cperator retained enough sense to sce that the news they wanted was received. By 12 o'clock the political battle was over, to their way of thinking, and bidding’ the operator ‘good-bye they started down town shouting for Harrison. One prominent army man afterward told me the incident cost him about $00 in bets he made on Harrison, as he was too muddled to grasp the possibility that something might have gone wrong with the operator and wagered everything he had with him. This year that party will probably drift down town and depend on the newspapers for the returns. “The third incident occurred in a small town near'Philadelphia and away back in the fall of ’84. An organization called the ‘Plumed Knights’ had built a cozy club house, and although they had lots of money, kicked on pfying the operator $5 for his services, claiming that $3 was suffi- cient. The telegrapher that had been as- signed the duty of taking the report at that ‘place, instead of*instantly dropping Gut of the position, was shrewd enough to make a counter proposition that a collec- tion be taken up for his benefit and that every cent taken in ‘should be his. he committee readily agreed to the proposal. The big club room was packed on election night and you can recall the anxiety felt over the result. In Pennsylva- nia’ Mr. Blaine was almost worshiped and to hint at the possibility of his defeat was rank treason. About 11 o'clock the opera- tor turned his trick. He came out on the little stage, sald the committee had agreed to give him the proceeds of a collection and. refused to go on with his work until this collection had been made. He gently hinted that another operator was an im- possibility. ‘Three men grabbed hats and started over the hall and the dimes and quarters fairly showered into the recep- tacles. The operator finished his night’s work, as he secured nearly $30, much to the astonishment of the committee.” —_——__. MGR. CAPEL IS NOW ON HIS FARM. Growing Rich Raising Horses a Fruit in California. From the Cincinnati Commeretal. Interest in the whereabouts and doings of Mgr. Capel has been manifested of late, Particularly in the British Isles, where he Was once a brilliant and conspicuous figure in high social life and in church affairs. He is the Catesby of Disraeli’s “Lothair,” and he it was who converted the rich Mar- quis of Bute and other members of the English aristocracy to the Catholic faith, and his name was a familiar one through- out the United Kingdom. He got under a cloud, however, in some way, and was sent to the United States in a sort of exile. The clergy in this country did not take to him much, and he swung a lecturing tour circle, finally taking him- self to California, where he has since re- mained in complete isolation. He bought a large ranch and went in for raising fine horses and blooded stock gen- erally. A young priest who knows him well and has kept up with him informs me that he has grown rich. Formerly the pink of perfection in dress, he has grown indif- ferent to his garb, and dresses and looks like a typical ranchman. He is a man of rare culture and elegant accomplishments. He is of a most imposing presence and im- perial bearing, His dark, deep-blue eye flashes from seemingly fathomless depths and indicates a masterful mind. His hand is as perfect as Trilby’s foot, and he has a way of lay- ing it affectionately across his manly and magnificent chest that fetches the admi- ration of the ladies to an alarming degree. It was at a brilliant and fashionable re- ception in Louisville, given by the late mil- lionaire, Dr. Standiford, whose wife was a Catholic, that the Commercial Gazette correspondent met the captivating Capel complacently sipping his champagne and fascinating all.about him—men and women —with his wit and superb physique. He wore his smart-fitting robe, trimmed with the purple, denoting ecclesiastical rank. ‘Whenever he laid that lovely hand across the purple his heart the ladies sighed. He singled out one very attractive young lady, and made her three distinct and pretty 3 in the course of the evening, all of which apparently touched a tender spet. I should like to see him now in his cowboy costyme. Buffalo Bill would | not be in it for a It was said that son of a wealthy I! jute, A Popular Nail. Brom the Roxbury Gazette. Blackner—‘‘How did you tear your coat?” Reddey—“Caught it on a nail in Wigley’s store. I made him pay me $20 for the dam- “Sfiackner—"That so? Is the nail there NO WASTE OF WORDS. Evidence Which is Right to the Point and Reliable. Judge Frauk Ives of District Gourt of Crookston, Minn.. says: For some time I bave weed Stuart's Drapepsia Tablets with sceming great benefit ith few exceptions, I have not been so free from indigestion in twenty-five years. Geo. W. Roosevelt, U.S. Consnl to Brussels, Bel- Stuart's Dyspepsia Tablets, safe, pleasant to fake, couventent to carry, give keen appetite, jon. ton. Mr. W. D. Tomlin, Mechanical ineer, Duluth, Mina.: One box of Stuart's nooete Tablets has — a work, and I am again gaining Sesh and 0. E Raasom, Hustonville, Ky.: T was distressed and annoyed for two years wi often two or three the tablets from 1 ficd them pleasant to take, convenlent to carry er. G. D. Brown, Mondovi, Wis.: The effect Stuart's Drspepain Tablets is situply marvelous; a quite beariy dinner of brotied beefsteak causes ‘no istress since I began their use. Over six thousand people in the state of Michigan alone in 184 were cured of stomach troubles by Stuart's Dyspepsla Tablets, Full sized packages may be found at all druggists at 50 cents, or seat by mail on receipt of price trom Stuart Co., Marshall, Mich t have full eign for Little book on atomach diseases, ree, mailed oc28&I1 on the Men Who Ha Excelled as Statesme: From the New Yerk Post. By an odd coincidence we have presented in our politics this year the remarkable Spectacle of the greatest extremes of youth and age In public life ever seen in our na- tional history. In less than a week the people of the United States will vote for President, one of the two leading candi- dates being a man who is little more than a year past the age of thirty-five, which ts necessary to make one constitutionally eligible. The re-election of Justin S. Mor- rill, in his eighty-seventh year, gives him a distinction reached by no other man in our history—that of being chosen to the Senate for six consecutive terms of six years each. Hitherto Thomas H. Benton's “thirty years in the Senate” has been unequaled. Mr. Morrill’s service in the national Capi- tol has already, however, been much longer than Benton's, for he spent twelve years in the House of Representatives before he entered the Senate, so that he is now in his forty-second year of consecutive service as a legislator at Washington, while Benton's thirty years in the Senate were supple- mented by Only two in the lower branch. But one other man in our history has ever been continuously in public life at_Wash- ington so long as Mr. Morrill. That is John Sherman, who entered the Hous Representatives with him in 1855, and w: his colleague there for six years, when h was promoted to the Senate, where Mr. Morrill rejoined him in 1 and they have been colleagues in that body ever since, ex- cept for the four years when the Ohioan was Secretary of the Treasury under Hayes, from 1877 to 1881. The most remarkable feature of Mr. Mor- rill’s extraordinary record of forty-two years’ service in one or other branch of Congress is the fact that he had reached middle age before he entered public life. He had been a merchant in a small way and a farmer until he was past forty, and although he had always shown an unusual interest in public affairs and the poss sion of traits fitting him to serve the peo- ple, neither he nor his neighbors when he was forty could have Supposed that such a career was possible for him as he has live since he entered the lower branch of gress, in his forty-eighth year. On other hand, Benton began his thirty “ars in the Senate when he was thirty-eight, and Sherman took his seat in the House when he was thirty-two. Mr. Morrill has furnished as good an ex- ample as we have ever had of the capacity for useful public service of a man who had not consciousty trainéd himself for it, and who did not enter it until well along in life, but who had added to native ability, a high character and good sense, long at- tention to public affairs as a private citi- zen, and who was always a model dustrious application to his duties as Representative and a Senator. In no sense @ great man, he has always been a thor- oughly efficient legislator, and the honor- able record which he has made is a strik- ing illustration of the possibilities open under our institutions to the public-spir- ited man who has an honorable ambition for public life. Mr. Morrill’s re-election for another term when he ts past eighty-six is the most striking sign we have ever had of the change that has come over the American public during the past century in its at- titude toward public men in the matter of age. A hurdred years ago the idea of a man’s being capable of servic», not simply when he was half way between eighty and ninety, but even so late as seventy, would have been rejected as absurd. Under the first constitution of New York judges could not serve beyond sixty, because no man older than that was considered able to render just decisions. More than half of the thirty-nine delegates to the convention of 1787 who Signed the federal Constitu- tion were under forty-five, while a dozen of them ranged from thirty-eight down to twenty-five, and-only four had passed six- ty. Throughout Washington's two terms 2s President he always spoke of himself as an old map, although he was but fifty- seven when inaugurated, and as his first term approached its end he wished to re- tire to Mount Vernon, “to spend the re- mainder of my days, which I cannot ex- Pect to be long, in ease and tranquillity.” How far we have gone in the other di- rection is made equally clear by the gen- eral feeling that a n is very young for high position at thirty-six, although Jeffer- son was only thirty-three when he wrote the Declaration of Independence, Alexan- der Hamilton thirty-two when Washing- ton made him Secretary of the Treasury, and Joseph Story thirty-two when he was appointed a judge of the Supreme Court by Jefferson—each of them having been conspicuous in public affairs for years fore they attained these honors. Inde: the most surprising discovery one makes abeut “the fathers of the republic” is that they were an exceedingly young set of mer when they carried through the revolution, framed the Constituticn, and set the new government running. Maturity of character is an essential to good public service, and that is not a ma:- ter of years. Such a man as the Vermont Senator has those solid traits which would have kept him steady if he had entered Congress in his twenties. So, too, William E. Russell made an excellent mayor of Cambridge before he was thirty, and an excellent governor of Massachusetts a lit- tle later. On the other hand, there are “boy orators” who remain only boys, how- ever long they live, and who command the confidence of the people as little in their sixties as in their thirties. The important thing about any public man fs not whether he is young or old in years, but whether his character and record show that he can be safely trusted. ——ees. AT A SOCIAL PI ic. Had Provided Themselves ih Little Life Preservers. From the New York Press. At one of the most fashionable country places within twenty miles of New York, where every one is “high up,” and where no business of any kind is allowed, not even the erection of a market, a picnic was recently held. In the course of the after- noon the weather grew cool. It was an af- fair for grown-up people. The children had been left at home. It was one of those social functions the like of which Ward McAllister instituted at Newport. Some man gpentioned a drink, but said: “I don’t suppose any member of this party except myself had the courage to bring along a flask.” No sooner had he hauled out his than every other layman in the party flashed his, at which there was a general laugk. The ladies especially enjoyed it. One of the men remarked that it was a pity the women could not’carry flasks, so that the drinks might be longer, whereupon every blessed woman in the crowd pulled out a flask. They were beautifully enam- eled things in gold and silver and precious stones. The sally that greeted this amaz- ing exhibition—every married man in the party knew his wife had a flask—was turned to a laugh at the expense of the dig- nified rector, who was present. He stood it for some time, then nearly broke up the affair by hauling from his hip pocket a half-pint bottle of a rusty, brownish color. Guests w Master (addressing his Irish manservant) —“Terence, I'm going into the country to stay at my mother’s place. If Mr. Dubley calls, tell him that I'll be back on day.” Tererce—“Begorra, I will, sorr! And (af- ter a pause) what will I be after him if he doesn’t call, sorr?”