Evening Star Newspaper, December 8, 1897, Page 3

THE EVENING STAR,” WEDNESDAY, DECEMBER 8, 1897-14 PAGES. SPECIAL NOTICES. NOTICE-THE ANNUAL MEETING OF THE Mffockhoiiers of the Lawzers’ ‘Title and. Guar. anty Insurance Company of the District of Columbia for the election of ten trustee serve for the ensuing year, will be held at t Office of the company, 344 D st. n.w., on MO: DAY. December 1897. 1 o'clock | p.m. Polls open between the ho and 3 o'clock pam. FERDINAND SCHMIDT, Sec: des, 14821 to “LT never disappeiat.”” LAWYERS EMBRACE THE CHANCE —we offer of securing fine Briefs rinted accurately and quickly. jodern machiners—and skilled Ip gives us a decided advant- age over the others! | Lawyers’ Briefs, 9c. page for 50 copies. BYRON 8. ADAMS, ‘Prompt’ Printer, 512 11th St. de8-14d iE lights supplant the old- tr me for your Xn JUST HAVE we electric Ig ed gas lights in r Rie! See us about supplying the ing it, too! Estimates cheer- NOT A BIT TOO 800N 1 oR easure for the New Yea excel. In Full Dyers Suits—ours fit. better wear Vetter—are finished off best—and are vastly more beeor “Fit er ne pay. PRED. GATCHEL & CO., Tailors and Diiyers, 604 13th st. E. F. MUDD, 15 years cut- ter fur Geo. T. Keen, ts now with us. deS-bd A London mazufie- turer now makes Trou- serings that wll not “bag at the knees, and made us his ex- elusive ag.nts for Weshington. You can depend upon our keep: ing to the front at all tits KEEN, Tailor, 1310 F Ge8-168 Fine Printing for professional men Elliott’s specialty. High type, men and “know b any kind of printing werk. * Bidding for Spring Building UILDERS who are new putting In bids for spring huflding should secure our price for sup- class work, but not high-cost work. Presses, are here to turn out hone 1679. de8-14d_ plsing all the lumber and wood work. ‘‘A1" quili- tis and prices below comprtition, Est’mates fur- Bished : a THOS. W. SMITH. ist & Ind. ‘Phone 217 nd Wharves, foot of 4th st s.e. ‘Phone 551. 810d » And you can be certain of securing Order a" .i%inc"s biting sud uss suit of ENN onc clothes from wedi et iy Bennett & Downey, is tim 3m-10 c Gifts For Men. Xmas What will please a business man more than something useful end pretty for his office? ‘Those are the kind of gifts we suggest. inteip Peps—Handsome Ink Stands and Ink Wells—Calendars— Box Paper and Envelopes Sealing Stamps and Wax—and dozens other articles that men bave a daily use for. C7 Prices are always reasonable. Easton& Rupp, 421 11th St. POPULAR-PRICED STA’ de8-14d Tharp's “‘Berkeley"* Whisky is always reliable and always absolut pure. Therein lies {ts great superiority over other whiskies. Try a flask and you will always be {ts friend. $1.09 a full « $12 F st. nw. iF THE STOCKHOLD. o FIRE — INSURANC COMPANY of the DISTRICT OF COLUMELY for the election of a board of 15 trust serve the ensuing year, will be held at the Com any’s Oitice, No. 302 Penna. ave. s.e., on MON- AY, January 10, 1298. JOHN E_ HERRELL, HENRY K. SIMPSON, Secretar; THE REAL ESTATE TITLE INSUR. pany of the Disirlet of Columbia. ing of the stockholders of said com purpose of election of fifteen trustee: for the ensuing year, will he held at the off of the company DESDAY, January 11 lls open from 2 to 4 o'clock p.m. T: books te be closed from December 31, 1 January President. deG.8.11.15, is in a “Mosier and’ Burglar- ‘They are absolutely indestn home or office use. sler™” Safes. MERRILL, Jr., 802 F 6a OF STON, December 6, 1897 Mek holders are hereby notified that all poll- cles will expire om the last MONDAY in Decem- ber a instant), at 6 o'clock p.m. Renewal for the vear !-05 will be at the rate ef 1 per ou the premium notes. Please attend avoid the crowd. SAMUEL C. Wil deine 27 ss PTTERED all work * ki ladexes for 1 ines now INES Asse Te. vol. bled in best HODGES, leather Retail Grocers, We've Just Received MRNIA RAISD YRNIA Pitt 1 curloat We buy reur ort fo: the par general tour bus-ness. Pon sw. cor No Capt Dory, ALBERT EMIEION t Ten-yer of the ef of the Si Columbia, Wast By virtue of 1 Kress approv JAME det-7 D.C. THREE-FIFTY PER tnding BE —Ofice of the United States, ex-officio Com- nking Fund of the District jon, D.C, Dee her 3, 1. ority Riven by the ‘act arch 3, IS91, entitled of bonds of t ue July 1, 1801, T hereby give’ pot! nds hereinbelow de the treasury of f Washingt op the THIRTY-FIRST DAY of 1s97, and that the Interest on si: cease on and be paid up to and bends of the District of Columb’ the act of Congress approved or An ignated will United States. in the city be paid at the numbered as follows: $100, original No. orig! 9 to original 14, both in riginal No. 14% to original No. 46 + total, $320,100. The bonds described either bonds of the “original” Issue, we but one serial number at each “gubstitute bends, which may be distin: by the doub) umbers al numbers" 1 THE BOND: “ALL OF THIS D BY THE ORIGINAL NUMBE ‘The provision of Inw gev- erning the order in which the bonds shall be called fn is as follows: “The last of the satd bends originally issued under this act, and thelr substitutes, shall be first called f this order of payment stall be followed un} hall have been paid.” Bonds ferwarded for red should be addressed to the ““Treasnrer, Waxshington. D.C. and assigned to the urer of the United States for redemptton.”” 4 signments must be dated and properly acknowl- edged as prescribed in the note printed on ihe back of each bond. Where checks in par are destred in favor of any one but the the tonds should be assigned to the “treasurer of the United States for redemption for account of ——"" (here fnsert the name of the person or Persons to whose order the check should be made Zarable. ELLIS H. ROBERTS, Treasurer U.S. je1-1ot MR. KEELER. THE SLATE WRITER, is at 006 Host. nw. dail: Meetings Monday, Wednesday aod Friday nights. 20-18% HAVE YOU SEEN CLEVELAND PARK LATELY? L020-tf NEW PROCESS— BEST OF ALL—Pot fee pots, made of aluminum: also souvenirs, no eltles. household ware, letters, ete., at ALUMI. NUM STORE, 493 Pa. ‘ave., near Nitional Hotel. nol2-3un REMOVED—THE SMITH PREMIER TYPEWRITER Co. new quarters. SID 1th st. Come in und Machines rated, $4 per month. Supplies bolt Tin> ‘TAIN COP- DELIV! mite is ax follows: Saliwo, $4.75 per thousand. Arch, $5.75 per thousand. Red, "$6.75 per thousand. Select. $5.00 per thousand. Paving for sidewalks, $7 to $10, according to quality. Vitrided paving for streets, $20. Spectal prices for large orders. WASHINGTON BRICK AND TERRA COTTA ©0., pot-Im 10th and F n.w. "Phone 446. DECISION INDORSED | Merchants Approve of the Trading Stamp Downfall. TEXT OF THE COURT'S OPINION Many Authorities in Support Quoted by Justice Shepard. SOME LEGAL INDORSEMENTS gee The decision of the Court of Appeals ad- verse to the trading stamp scheme, as told in yesterday's Star, was the subject of universal talk today and almost universal commendation. The decision, as read by Mr. Justice Shepard, and the main points of which were printed yesterday in The Star, was a lengthy one. It commenced with an elaborate review of the case, so far as it had been treated in the lower court, gave in detail the contracts entered into by merchants with the Washington Trading Stamp Company, and described the plan of the company, quoting from its ex- planations and notices to stamp collectors, with all of which the readers of The Star are familiar. The opinion then says: The Opinion, “It is indicated by the indorsement on the contract, and admitted cn the argu- ment, that the Trading Stamp Company limits its benefits to a particular number of dealers in each line of business carried on in Washington, whose names appear in the directory aforesaid. “It is not dexied that the power of Con- gress to iegislate in respect of matters aiecting the public heaith, safety, peace and morals within the District of ‘Co.um- bia is the same as that of the state legis- ‘atures witiin their several jurisdictions. it is neither greater nor jess; for ‘all of the gucrantees of the Consutution re- specting life, Mberty and property are cquaily for the beuerit of all citizens of the Cuited States residing permanently or tem- borarily in the Discrict of Coiumpia, as of these resiaing in the several states o: the Union.” Kerr vs. Ross, 5 App.. D. 248; Callan vs. Wilson, U. The general nature of the police power of the state is nowhere more forcibly statad than sn the eloquent words of Mr. Justice Field. He says: ‘it is undountedly true that it is the right of every citizen of the United States to pursue any lawful trade or business, uncer such restrictions us pré imposed upon all persurs of the san Lge, SCX and condition. Lut the possession and. enjoyment of ail rights are subject to such reasonable conditions as may be deemed by the governing auth oriiy of the country sential to the safety, health, peace, &90d or- der and mora.s of the communi hberty {tself, the greatest of all not unr siricted license tu act accor ag to ere’s own will, It is only freedom from r.- traint under conditions essential to the equal enjoyment of the same right by oth- It is, then, liberty regulated by law. The r:ght to acquire, enjoy and dispose of property 1s decired in the constitutions. of several siates to be one of the inalienable rights of man. But this declaration is not held to preclude the legis! e of any Staie from passing laws respecting the ac- quisition, enjoyment and disposition of Property. What contracts respeciing its acquisition and disposition shall be valid and what veid or voidable: when they shall be in writing and when they may be made orsily, and by what instrumenis it may be conveyed or mortgaged are subjects of con- stant .egislation. And as to the enjoyment of property. the rule is general that it must be accompanied with such limitations as will not impair the equal enjoyment by others of their property Sic uter2 tud ut enum non laedas is a maxim of universal application. For the pursuit of any tawful trade or business the law imposes similar conditions. Hegulations respecting them are aimost infinite, varying wita the nature of the business.’ Crow.ey v. Chriszensen, 137 U. 3., p. sv. peaking for the same court, some years before, Ch:ef Justice Waite said: ‘Many at- tempts have been made, in this court and elsewhere, to define the police power, but ver with entire success. It is always easier to determine whether a particular case comes within the general scope of the pewer than to give an abstract definition of the power itself which will be in all re- spects accurate. No one den‘es, however, that it extends to all matters affecting the public health or the public morals.’ Stone vy. Mississippi, 101 U. S., p. $18. Public and Private Rights. “In a case involving the regulation of the trade of plumbing in the District of Columbia we had occasion to say, ‘It is rot an easy matter to draw the line beyond wich this power of regulation of trades and business may not be extended in the interest of the public health and safety without becoming an unwarranted inva- sien of private right. Each case must depend upon its own peculiar circum- stznces and conditions. While much is Jeft to the discretion of the legislature and its exercise thereof will net be lightly dis- turbed, yet the final question whether the trede or calling is of such a nature as to justify police regulation, and when con- ceded to be such, the iength to which such legislation may be rightfully extended, 1s unquestionably to be tinally determined by the courts.” “Kerr vs. Ross, 5 App. D. C, Av. n matters of this nature the discretion of the legislature is very large, and ev Ty fair presumption is to be indulged in favor of power as exercised. Powell vs. Penn- Ivania, 1277 U. S., 678, 684, 685. “It is only, therefore, in a case where the statute purporting to have been enacted for the protection of the public hea.th, safety, peace and morals ‘has no real or substantial relation to those objects or is palpable invasion of the rights secured by the fundam al iaw,’ that the courts wii! clare It void. Mugler vs. Kansas, 123, L ; Yick AVo vs. Hopkins, 118, U. Powell vs. Pennsylvania, 127, -,S.. 678, G84; city of Baltimore vs. Rad. ecke, 49, Mi Gift Enterprises. “In the light of the doctrines above arrounced,it remains to corsider the nature and scope of the statute under which the information in this case was presented, with the objections thereto, in application to the facts hereinabove set forth. “Now, while the information charges the defendants with the offense, in gencral terms, of engaging in a ‘gift enterprise,’ we are, nevertheless, spared the consideration and determination of the common or tech- nical meanirg of that phrase because the act of Congress, under which the prose- cution is maintained, itself, undertakes to ___ SPECIAL NOTICES. SEECIAL MEETING OF ELECTA CHAPTER, NO. 2, 0. E_S., THIS (WEDNESDAY) EVENING, o'clock, to make arrangements for of our late sister, Emma V. Dodge. It_ By order of M. B. OKEY, W. Matron. UAL ELECTION OF SEVEN TRUS. tees for the ensuing year by the stockholders of the Washington Brick Company will be beld at the office of the company’s 1coms, 4 and 6, 1420 New York ave. n.w., Washington, D. the second Monday in January, 1898, being Jan- gary 10, 1848. Polls open from 12 noon to 1 P.m., in pursuance of the by-laws of sald com- Dy. STII WASHINGTON BRICK COMPANY, By DRE L. HOLBROOK, de8,18,ja8 President and General Manager. MRS.4STEPHENS TRANCE MIDIU} Sittings daily. Cirele FRIDAY, 2:30 p.m. 402 deS-2t° 1 A at. se. NOTICE._THE ANNUAL MEETING OF THE stockholders of the Second National Bank of shington, D.C., for the election of directors, be held at the bank on TUESDAY, the 11ih clock noon aon o'clock p.m. JOHN C. PK Prern KLOFF, Cashier. > Burns & Co.’s P37 Hemant Tailoring suit when and men is greater than the cost of the ma- ‘We employ only the finest tailors, and we give our patrons strictly high-grade tal! suits for $9 and $11, which is less than we pay our workwen to make a sult. Did you ever b= a sult te you did not. Place your orders with us. We will give you the finest on earth. Gay of January, 1898, between the bours of i2 27&ja3,10 3 Do you know that made by skilled wo Talk. tertals? ing profit, “Would-be tailors” are advertising from a sweat shop that pleased you? know de8-14d J. D. BURNS & CO., 9th and G sts. define the character of acts comprehended therein. 3 “With a view to raising revenue from this and other sources, the legislative assembly of the District of Columbia, on August 23, 1871, passed an act, the 26th section of which (said to have been copied from a revenue act of Congress then in force) reads as follows: ““The proprietors of gift enterprises shall pay $1,000 annually. Every person who shall sell or offer for sale any real estate or article of merchandise of any description whatever, or any ticket of ad- mission to any exhibition or performance or other place of amusement, with a prom- ise, expressed or implied, to give or be- stow, or in any manner hold out the prom- ise of gift or bestowal, of any article or thing, for and in consideration of the pur- chase by any person of any other article or thing, whether the object shall be for individual gain or for the benefit of any institution of whatever character, or for any purpose whatever, shall be regarded as a gift enterprise: Provided, That no such proprietor, in consequence of being thus taxed, shall be exempt from paying any other tax imposed by law, and the li- cense herein required shall be in addition thereto.’ (Laws of the District of Colum- bla, 1871-72, part II, pp. 96, 97.) “After less than two years’ experience of license there came a complete revolution of public policy as declared by Congress. That which had been permitted and made a source of revenue was then prohibited as an offense. On February 17, 1873, an act Was passed entitled ‘An act prohibiting gift, enterprises in the District of Colum- bia.’ (17 Stat., 464.) ‘This was embodied in the Revised Stat- utes for the District of Columbia, becom- ing sections 1176 and 1177 thereof, as fol- lows: “Sec. 1176. So much of the act of the leg- {slative assembly of the District of Co- lumbia, entitled ‘An act imposing a license on trades, business and professions prac- ticed or carried on in the District of Co- lumbia,’ approved August 23, 1871, as au- thorizes gift enterprises therein, and li- censes to be issued therefor, is disapproved and repeated, and hereafter it shall be un- lawful for any person or persons to en- gage in said business in any manner as defined in said act or otherwise. “Sec. 1177. Every person who shall in any manner engage in any gift-enterprise besiness in the District shall, on convic- tion thereof, in the Polfce Court, on infor- mation filed for and on behalf of the Di: trict, pay a fire not exceeding $1,000 or be imprisoned in the District jail not less than one nor more than six months, or both, in the discretion of the court.” Extent of the Power. “The first contention, on behalf of the plaintiffs in erorr, in respect of the opera- tion of the above statute is that it is so Beneral in its scope as, necessarily, to com- brehend, and uadertake to punish as of- fenses, acts that are matters of common, private right clearly beyond the power of Congress to prohibit or to interfere with, in any manner, under the guaranties of the Constitution, and that this forb:dden pur- ose and operation are inseparable, save by construction only, from tue operation upon those acts whicn, with equal clearness, are within the power lo prohibit and punish. “Jt is urgued therefore that tne forbiaden operation being inseparabie from that which is permissible, the whole act must be deciared void in accordance with the doctrine of the Supreme Court of the Unit- ed States in the fotlowing cases: U. S. vs. Rees vu. 214, 221; trademark cases, 100 UL S., U.S. vs. Harris, 1u6 U. 5. 629; Baldwin ve. Franks, 12u U. 878, 686 \vith the exception of the trademark cases, tnose were ail cases of criminal proseci tions under sections of the Hev.sed stat- utes relating to conspiracies to deprive ciuzens of the United States of certain egal rights, ete., and it was plain that Congress had exercised powers, not conferred by the Constituuon and its amendinents, and thereunder had undertaken to punish, as offenses against the authority of the United States, acis which, in general, were cog- nizable in the siate courts only as crimes against the state. The court deciined to limit the sections, by construction, so as to make them embrace those acts only that would, when committed under certain con- ditions, come within the federal jurisdic- ton. To do so it would have had, as was said in Reese vs. U. 3. (02 U. S., p. 221), ‘to introduce words of limitation into a penal Statute.’ and, as was said later in trade- mark cases (100 U. 8., p. 98), ‘it is not within the judicial province to give to the words used by Congress a narrower mean- ing than they are manifestly intended to Lear, in order that crimes may be punished which are not described in language that brinss them within the constitutional pow- er of that body.’ “In the case at kar there is no question of conflicting state and federal jurisdic- tions, or of constitutional prohibition of any interference whatsoever in the subject matter of legislation; but merely a ques- tion as to the degree or length to which an acknowledged power may be extended. “We think, therefore, that this case must fall within another rule of statutory con- structicn equally well established as the former. Sections 102 and 108, Revised Stat- utes, providing a punishment for witnesses who refuse to answer questions propound ed in the course of an investigation insti- tuted by Congress, afford an example. “In a case arising under those sections it was said by the chief justice in deliver- ing the opinion of this court: “ ‘It has been strongly urged in argument that the terms of the section, 102, are su’ ciently broad and comprehensive to In- clude a class of witnesses protected and exempted by the provisions of article V of the Ccrstitution, and especially so when read, as urged it should be, in connection with the next succeeding section, 103, of the Revised Statutes; and, therefore, the section is void in tote. But it is not pre- tended that the appellant belongs to the of witnesses contemplated by the le of the Constitution referred to; and if the contention of the appellant ‘were conceded to be correct, as applied to a cl of witnesses under different condi- tions, it would not follow necessarily that the statute should be stricken down in its entirety, because it may be susceptibla of an unconstituticnal application in cer- tain cases that may possibly arise. This is not reasonable, nor is it In accordance with the rule of. interpretation adopted by the Supreme Court of the United States, as applied to a statute guod on its face, but where, by reason of its general and comprehensive terms, {t may be made, by custruction, to apply to objects forbidden y the Constitution. In such case the statute will be allcwed its ‘fuil force and operation, as applicable to all cases, rigat- fully and constitutionally within its pro- visions, but such application will be re- strained as to these objects simply to which the statute is forbidden to extend. This is the rule, as we understand it, upon which the Svpreme Court acted in the state freight tax case, 15 Wall; super- visers vs. Stanley, 105, U. 8., 305 3; Vir- ginia coupon cases, 114. U. S., 269, and other cases that could be cited."” Chapman vs. U. S., 5 App. D. C., 122, 131 See, also, in re Chapman, 166, U. S., 661, 667. Police Power. “The comprehensive scope of the police power, as exercised in our day and under our form of constitutional government, has been developed by the process of evolution. Rapid increase in population, wonderful inventions from time to time, followed by vast material development and advances in the arts of civilization, have introduced novel situations and begotten difficulties for the solution of one generation that were unanticipated and often undreamed of even by the most advanced minds of the generation next preceding. As a necessary consequence the boundaries of the police power in its application to the property, business and personal liberty of the indi- vidual citizen have never been definitely settled so as to furnish a certain guide for all cases as they may present themselves for legislative or judicial determination. Hence, as we have seen above, in the quo- tation from the opinion of Chief Justice Waite, the want of success of the many at- tempt ‘to give an abstract definition of the power itself which will be in all re- spects accurate.’ Whilst the existence, or clas LESPOCD OSE SPREE EGESOOESOEOO The Medal Medicine Is the Model Medicine. ‘The only medal awarded to sarsaparilla at the World's Fair, 1808, at Chicago, was awarded to Ayer’s Sarsaparilla. 9999905950 906056000000 the absence, of power fw the islature to regulate or to prohibit moeae instances perfectly plain, there is a border line be- tween the two, the accurate delimitation of which presents the difficulty. Special cir- cumstances under new or different condi- tions give rise to new applications that must remain uncertain u&til settled by judi- cial determination in an actual case. If strict accuracy of definition and certainty of application be reqi in ‘h exercise of the power by the k lature, so as to prevent the inclusion, by rowivic construc- tion, of something not within that power, there would be few laws creating new of- fenses in response to newly developed pub- lic needs that would escape condemnation. “It is the duty of the courts to take a lib- eral view of the situation presented to the legislature In such cases and to give its acts providing therefor ‘a nsible con- struction such as will effectuate the legis- lative intention, and, if%possible, so as to avoid an unjust or an absurd conclusion.” (Law Ow Bew v. U. S. 144 U.S. 47, 59; Re Chapman 1€6 U. 8., p. 667.) Ordinary Discounts. “We dct not feel called upon, at this time, to undertake a specification of the particular conditions in which the act under consideration might or might not apply to actual merchants in the ordinary course and practice of compet‘tive business, or to determine just what character of induce- ments by way of gift, or preinium may ard may not be held out to purchasers at the time and as 4 part of their purchases. ‘hat it was not intended to apply to ordinary discounts for cash or in proportion to amounts of purchases, when made by the merchant himself to his customers, may be regarded as certain; and the exercise of such power would doubtless be denied it ex- pressly attempted. Nor can it with reason be said to apply to bona fide co-operative associations and the like. “It is possible also that it might not be operative in a case where the sale of a lawful article is accompanied by a gift of something specific and certain, noc attended with any element of chance, and where the gift is not the real object of the sale in an attempt to evade acts regulating or pro- hibiting a particular traffic, as, for exam- pie, in the case of Lauer vs. the District of Columbia (recently decided). “Some cases have been cited by counsel wherein such sales were either held not to be embraced in the statute, or, if compre- hended, to render it void. The statutes in- volved were not, in all respects, ke ours, but it is unnecessary to point out the dif- ferences, in the view that we take of tne application of those cases to the grounds of decision in this case. “(:) Yellow Stone Kit vs. The State, 88 Ala., 196: S.C. 7. L. R. A., 599, “In that case the defendant made a tree gift of tickets ent:tling the holders to chances in a limited distribution of prizes as a means whereby to gather a crowd, to whom he offered patent medicines for sale. The distribution of the tickets and the prizes had no connect'on with the sales and prices of the medicines; and the court held that the act did not constitute a lot- tery within the meaning of the statute, be- cause there was no consideration demand- ed or received for the tickets. “(2) Long vs. State, 74 Md., 565. “In that case the court of appeals of Maryland reconsidered the conclusion reached on a former appeal (73 Md., 527) and declared the statute void because of its unwarranted interference with the Mberty of the citizen. Long was a coffee dealer, and, in order to induce customers, gave with each package of coffee sold a ticket entitling the purchaser to select a cup and saucer or a plate from a number displayed on a table for examinztion by intending purchasers. (3) People vs. Gill- sor, 100, N. Y., 396. “The facts of that case were substan- tlally the same as those in Long vs. the state supra, and the statute waich made it a crime for a merchant, in sejiing any ar- ticle of focd to promisé to Rive the yan- chaser sumething else in ndilition to the article sold as a prize or reward tor rnak- ing the purchase was denounced in vigor- ous terms und declared void... “(4) Commonwealth ws. Emerson, 165 Mass., 146. There the statute declared that ‘No person shall sell, exchange or dispose of any property or offer or attempt to do se upon any representation, advertisement, notice or inducement that anything other than what is specially, stated to be the subject of the sale or exchange is, or is to be, delivered or received, or in any way connected with or a part of) the transac- tion.’ The defendant was a retall tobacco dealer. He displayed in his window a great number gf photograpbs of distin- guished people, and each purchaser of a package of tobacco was permitted to select one of the photographs without, further consideration. Nothing was said in respect of the invalidity of such a statute, but the court held that the transaction ‘was not within its prohibition, saying that the terms of the statute ‘were not intended and do not purport to forbid a sale of two things at once, even if one of them is the principal object of desire and the other an additional inducement which turns the scale.” “Without approving or disapproving the foregoing decisions, and reserving our opinion in respect of the application of our statute to the facts involved therein until such time as a case may be presented de- manding it, we can pass them by as having no necessary bearing upon the case of these plaintiffs in error. : “In like manner, we think this case may be decided without reference to the num- erous decisions cited by counsel for the District, in each of which the element of chance ‘in the distribution of gifts and prizes was the controlling fact. Within the Scope. “Without the necessity of declaring that the acts proved in this case constitut® the conduct of a lottery or gift enterprise, as those words are commonly understood, or even of finding that the element of chance operates intentionally and distinctively in the scheme qf the Trading Stamp Com- pany, we think, nevertheless, that they come within the prohibition of the statute, which, as before said, furnishes its own definition of ‘gift enterprise.’ “Although one of the most shrewdly planned of the many devices to obtain something for nothing, and one appar- ently entirely novel, it could hardly have come more clearly within the scope of the statute had it been well known and ex- pressly in the contemplation of Congress at the time of the enactment. “The Washington Trading Stamp Com- pany and its agents are not merchants engaged in business as that term is com- monly understood. They are not dealers in ordinary merchandise engaged in a legitimate attempt to obtain purchasers for their goods by, offering fair and law- ful inducements to trade. Their business is the exploitation of nothing more nor less than a cunning device. “With no stock in trade but that de- vice and the necessary books and stamps and so-called premiums with which to op- erate it successfully, they have intervened in the legitimate business carried on in the District of Columb.a between seller and buyer, not for the advantage of either, but to prey upon both. They sell nothing to the person to whom they furnish the premiums. They pretend simply to act for his benefit and advantage by forcing their stamps upon a perhaps unwilling merchant, who pays them in cash at the rate of 5 per thousand. ‘The; merchant who yields to their persuasion does sc partly in the hope of obtaining the cv rs of another, and partly throu; ; ios- ing his own if he declines. Agxi sited number only (an apparently flece» teat- ure of the scheme) are Included in the list for the distribution of*'the’ stamps, and other merchants and dealers who cannot enter must run the risk of losing their trade or else devise some other scheme to counteract the adverse ageticy. Element of Charice. “The stamps are soldat the rate of 50 cents per hundred to the' contracting mer- chants, and yet purport to ‘be redeemable with premium gifts at the qpsumed value of $1 per hundred. 1 bh “Unless, therefore, the so-called pre- miums to be distributed: among the dili- gent collectors of the stamps are grossly overvalued, the scheme cannot itself, for, in additiont ‘to the actual cost of the premiums, it has to bear the cost of the books and stamps and the main- tenance of its office and exhibition room. “If its premiums should have any fair value, then the stamp company must in- evitably rely upon the failure of the pre- sentation of tickets for redemption, by reason of its requirement that not less than 990 tickets—representing cash pur- chases of $99.90—shall be pasted in a book and produced at one time to entitle the holder to his premium, In this event, the company, if it actually contemplates mak- ing good its contracts, is relying upon a lottery, that is to say, the chances and advantages of its game for its expectations of profit or gain. “There is not a shadow of rational foundation for the stamp company’s claim that it confers a benefit upon buyers by procuring for them an actual discount. If its business were continued and its con- tracts faithfully performed, its inevitable THE OFFICIAL 7 a») +S ap. EXPLANATORY NOTE: Observations taken at 8 a.m., 75th racridian time. WEATHER a: OS ais eA BOP 22s AT RAS ‘Scifd lines are iso bars, or lines of equal alr pressure, drawn for each tenth of an inch. Dotted lines are isotherms, or lines of equal temperature, drawn for each ten degrees. Shaded areas are regions where rain or snow bas fallen during preceding twelve hours. The words “High” and ‘Low’ show location of areas of bigh and low barometer. Smail arrows fy with the wind FINANCIAL FINANCIAL “RAINY DAYS” Need never be a source of worry to the wage: earper who regularly deposits bis savings at the nion Savings Bank—1222 F St. des-154 $1 starts an account. MONEY To Lo. ON Life Insurance Policies. Endowment policies bought. Loans oti proved collateral at legal rates of tnter Rapa gh Mises Ine. vidg., 2a four, Tos Tau ate C. T. Havenner, BOOMS 9 AND 11, ATLANTIC BUILDING, Stock and Grain Broker cr. Direct Wires to New York and Chicazo. Stocks, Bonds, Grain, Provisions, Cotton, Bonght and sold for CASH or on MARGIN. Carcful attention given to FRACTIONAL LOTS. Correspondent F L. LURING, 10 Wall st., New York. no2d-218 THE BEST-PAYING INVESTMENT—ONE OF those homes at Cleviand Park. no20-tf PARTLY CLOUDY. Slightly Warmer Weather Tonight and Tomorrow. Forecast till 8 p.m. Thursday—For the District of Columbia, Maryland and Vir- ginia, partly cloudy and slightly warmer weather tonight and Thursday; southerly winds. Weather conditions and general forecast— The weather is generally fair this morn- ing east of the Rocky mountains, except in New England and the lake regions, where light local snows are reported. It is warmer throughout the southern states and the Mississippi valley. The temperature has also risen in the St. Law- rence valley, but has renfained stationary in all other districts. The barometer has risen slowly from the lower lake region southward to Florida; it has also risen on the Pacific coast, but it has fallen slowly from the Mississippi valley westward over the Rocky moun- tains. The pressure is relatively high along the Atlantic coast and it is decidedly low north and northwest of Montana. 7 ‘The indications are that the weather will be partly cloudy, but generally fair, from the lake regions southward to the gulf coast. The following heavy precipitation inches) was reported: During the past twenty-four hours—San Francisco, 1.02; Tacoma, 1.00. ple. m, and 7 p.m. Gn Today—Low tide, high tide, 7:12 a.m. and result would be, as in all unnecessary in- terventions of third persons or ‘middle- inen’ between producer and consumer, an increase of cost to the latter. “The prohibition of such a scheme is clearly within the power of Congress, with- in this District, and the statute under which the prosecution has been maintained makes ample provision for its exercise. “The appeal of the defendant Lansburgh must abide the result ef his co-defendants. Their cases are iuscparable. Although a regular merchant of the city of Washing- ton, he does not appear on this reeord as convicted of the offense of offering a dis count, a premium or a gift to his own cus tomers upon sales made to them in the course of his business, and he cannot make that defense. By his contract and its at- tempted performance he made himself the accomplice of the manager of the Wasn- ington Trading Stamp Company—an active party in the promotion of its unlawful scheme, and for that offense alone he has been convicted. “We find no errcr in the proceedings in the Police Court, and the judgment must be affirmed, with costs.” Legal Indorsement. Mr. Leon Tobriner, who first suggested that the scheme was in contravention of the gift enterprise statute, took an active part in connection with the »rosecution, and was of great assistance to the attor- ney fcr the District in the preparation of the case for argument before the Court of Appeals, said today: “When the Trading Stamp Company be- gan operations in the District 1 was asked for an opinion by a large number of my clients who had been approached for the purpose of having them subscribe to the scheme. I gave them an opinion to the effect that the scheme was in contraven- tion to the gift enterprise act. I had had occasion some time before to examine the act and was acquainted with the decisions of the state courts in the matter. “I then called the attention of The Star to the law 4s I found it. and everybody is bequainted with the stand that Tae Star tock in the matter. “So far as the constitutionality of the act is concerned, there can be no ques- tion, as Congress had complete power to legislate upon subjects of this character If they have no authcrity to condemn schemes of this kind, the whole law against lotteries is unconstitutional and void. “I consider that the question is finally settled by the decision of the Court of Appeal District Attorney Henry E. Davis—“The dccision of the Court of Appeals in the trad- ing stamp case {ts just what I expected, and I cannot see how, under the law, there could have been any different decision.” Assistant Attorney for the District James L. Pugh, jr—“Of course, I am naturally gratified with the view of the trading stamp scheme as expressed by the Court of Ap- peals in its opinion handed down yesterday. I was entirely satisfied that the scheme was a violation of law at the time of its in- auguration, and immediately resolved to do. all in my power to apply to it the provi-’ sion of the gift enterprise statute. The Star took the proper stand in the matter end should regard the decision in the light of an important victory.” Attorney for the District S. G. Thomas, who, with Mr. Duvall, conducted the case against the trading stamp scheme in the Court of Appeals, speaking with a Star reporter said that the decision was the only one that could have been rendered un- der the circumstances. According to Mr. Thomas the result will be beneficial to the business interests of the city. He added that the Court of Appeals followed the lines of the District's brief in rendering the decision. Mr. Sperry and Mr. Lansburgh. “The trading stamp company was greatly surprised at the decision of the Court of Appeals,” said Mr. J. A. Sperry,- manager of the Washington branch. “We had had the most prominent lawyers in the country examine the laws upon the subject and had no reason to expect anything but a favor- able decision here.” “I cennot tell you what the future of the business in Washington will be. Our attorneys have not been consulted and we have not conferred on the future.” Perhaps the greatest advocate of the trading stamps among the merchants of Washington was Mr. Gustav Lansburgh of Lansburgh & Bro. In discussing the recent decision of the Court of Appeals, with refer- ence to this matter, Mr. Lansburgh said: “Whilst our views differ from yours re- garding the Trading Stamp Company's business in this city, yet we feel that you of The Star upheld your principles. You, as a newspaper, questioned the legitimacy of such an enterprise, and had the courage to stick to it. We, as business people, took our view of it and adhered to our ideas. Both had a principle to fight, and though our ideas were antagonized by you, yet we feel no ill-will toward The Star. Opinions of Merchants. “I heartily indorse the decision of the Court of Appeals in the trading stamp case,” said Mr. Robert Castelberg, the ave- nue jeweler. “The scheme was a bold one and cleverly planned, and looked tempting to dealers. But my policy is to give what- ever discount I can directly to the cus- tomer and not by a ruse palm off some cheap merchandise at what really amounts to exorbitant prices. The community is to be congratulated and The Star thanked for its noble fight.” Robert Leding of Moore & Leding, jew- elere: “Yes, sir, I am glad the Court of Appeals has decided against the trading stamps. They ought to have been knocked out long ago.” “The decision of the Court of Appeals in (Continued on Ninth Page.) Tomorrow—Low tide, 2:09 a.m. and p.m.; high tide, The Sa Today—Sun rises, p.m. Full moon 11:54 p.m. today. Tomorrow—Sun rises, 7:07 a.m. The City Lights. Gas lamps all lighted by 5:46 p.m.; extin- guishing begun at 6:16 a.m. The lighting is begun one hour before the time named. Arc lamps lighted at 5:31 p.m.; extin- guished at 6:31 a.m. Condition of the Water. Temperature and condition of water at 8 a.m.: Great Falls, temperature, 37; con- dition, 2; receiving reservoir, temperature, 40; condition at north connection, 2; con- dition at south connection, 4; distributing reservoir, temperature, 41; condition at in- fluent gate house, 4; effluent gaie house, 4. Temperatures for Twenty-Four Hours The following are the readings of the thermometer at the weather bureau for the past twenty-four hours, beginning at 3 o'clock yesterday afternoon: December 74 p.m., 48; 8 p.m., 40; mia- right, 32 December 8—4 a.m., 31; 8 a.m., 32; 12 m. 47, and 2 p.m., 50. Maximum, 52, at 3 p.m. December 7; min- imum, 2, at 3 a.m. December 8. The following are the readings of the barometer at the weather bureau for the past twenty-four hours, beginning at 3 o'clock yesterday afternoon December 7—4 p.m., 30. md Moon. 207 a.m.; sun sets, 4:38 midnight, 30.21. a OUP December 8—4 am., 30.25; 8 a.m., 30.26; 12 m., 30.23, and 2 p.m., 30.20. me THE AMERICAN UNIVERSITY, Meeting of Board of Trustees at Len- Building. The semi-annual meeting of the boara ot trustees of the American University was held today in the offices of the university at the Lenman building, on New York ave- nue near 15th street. In the absence of the Fresident of the board, Mr. John E. Andrus of New York city, Rev. Charles H. Payne of New York city, who is the corresponding secretary of the board of education of the M. E. Church, was elected chairman. ‘the following members of the board were pres- ent: Rev. D. H. Carroll of Baltimore, Presi- dent W. W. Smith of the Randolph-Macon College, Bishop Hurst, the chancellor of the university; Rey. Dr. W. H. Milburn and Messrs. Hiram Price, Matzhew G. B. F. Leighton, A. B. Duvall and omer a . 45. Warner of this city; also Rev. Dr. Peiler, ce chancellor of the university; Rev. © - Baidwin, the secretary of the bourd of es, and Rev. Albert Osborn, the reg- istrar of the un‘versity, The chancellor made a report of his ob- servations dering his extensive travels through this country the pust spring and fall, to the effect that the public interest in the university is greater than ever be- fore. He reported large plans for help- ing in the future the development of the university, which are now known to be in progress in several quarters throughout the country, the details of which cannot now be_ given. Reports were also received from vice chancellor, the treasurer, the execu- tive committee, the finance committee, the auditing committee and several special committees. The treasurer's report shows that the cach receipts since the last mee ing of the beard, which was held in May, were $33,000. It was reperted that the building known as the Coilege of History, which has been erected on the grounds of the uni: ty on the Loughborough road, will be completed by the first of the year and will be ready then for transfer by the contractor to the trustees. The formal dedication of the building will probably take placa when the depattment of history Is organized and opened. It was reported that the holdings of the university, comprising real esiate securi- ties, pte., according to a conservative «sti- mate, now amount to a little upward of $1,000,000. It was the purpose of the trus- tees to visit the grounds of the university this afternoon. the —_—_.—_ COAST LINE SIGNALING. A Plan Arranged by the Navy and ‘Treasury Departments. Owing to objections raised by the Treas- ury Department, the Navy Department has been compelled to abandon its plan of utii- izing life-saving stations in the operation of the proposed coast line signal system. The principal light houses along the At- lantic coast will be requested to mauage the semaphores and other signal app. and to receive and transmit messages be- tween ships at sea and the Navy Depart- ment. The department is now installing the necessary appliances along the coast, ana has received assurances of the active sup- port of the naval militia of New York, Mas- sachusetts and other states. New telephone and telegraph lines will be construcied, and where the telephones of the life-saving stations can be used the navy will ask the Treasury Department for permission to send messages over the wires. The whole seaboard will be included in one general scheme of coast lMne signaling, operated jointly by the naval militia and the light house service, under the direction of in- spectors from the navy. —<—_—-s Emperer William has ordered the number of volunteers for the China expedition to be increased to 1,000. PODDOS PRIOR SPS PS IOS OS OSOI OD : “Give me the Luxuries i of life and I will do without its necessities,” said John Lothrop Motley. Both a luxury and—when you know it thoroughly—a necessity is Liebig Company’s Extract oF Beer Yet it is as economical as it is delightful. .Useful in so many ways that all well or- dered homes keep it handy on the shelf. PESSSROSEH DSO | CORSON & M ACARTNEY, Members of the New York Stock Exchange, 1419 F st.. Glover building pondents of Messra, Moore & Schley, 80 Dealers tn Govern ere in G ent Bo Deposita, Excha PE Rallroad stocks and bonds and ali. securities Usted on the exchanges of New York. Philadelphia, Boston and Baltimcre bought and sold. A laity nade of Investment securities. Die. and al |. Gas, I and Telephone Stock dealt in. nN lwsurance American Bell Telephone Stock Ty jephone ought and sold. The National Safe Deposit, Savings and Trust Company, Of the District of Columbia, CORNER 18TH 8ST. AND NEW YORK 4vVE. Chartered by epectal act of Congress, Jnn.. 186% and acts of Oct., 1890, and Feb., 1892. Capital: OneMillionDoilars SAFE DEPOSIT DEPARTMENT. Rents safes inside vurgiar-proof vaults at $5 yer annum upward. Securities, Jewelry, silverware and valuables of all kinds in owner's package, trunk or case taken on deposit at moderate cost. SAVINGS BANK DEPARTMENT. Deposits received from TEN CENTS upward, and interest allowed on $5 end above. Loans money on real estate and collateral security. Sells first-class real esta'e and Other securities in sums of $500 and upward. TRUST DEPARTMENT. ‘This company ts @ Inga! depository for court and trust funds, and acts as administrator, executor, receiver, assignee and executes trosts of all kinds. Wills prepared wes competent attorney in dally attendance. OFFICERS: THOMAS R. JONES, E. FRANCIS RIGGS. W. RILEY DEEBLE ALBERT L. STURTEVANT. GEOKGE HOWARD. CHARLES E. NYMA WOODBURY BLAIR. eopiid President First Vice T'resident E. Francis Riggs, ry A. Willard, Woodbury Albert L. 5 George 11. 1 Zena’ Roi 3 ark, George T. D: Hol 7am Wm E. Fémonston. ‘ Wm. A. Gordon. u adey 1 idsom = Sasi W. B. fuivbs & S., BAXKERS & BAC Members New York Stock Exchange, = Sans 1427 F Street. Correspondenta of “MANN & CO, de6-160 New York. Washington Loan & Trust €o., GFFICE, COR. ¥TH AND F STS WAID-UP CAPITAL, ONE MILLIS. Loans in any amount wade on .\yproved real estate or coliateral, at reasonable rates. Interest paid upon deposits on daily bale ances subject to check. This company acts as executor, trator, traster, nt, treasurer, end in all other duciary capacities. Boxes for rent in bunglar and fire-proot vaults for safe Gepoeit aud storage of vale -Prestdant Vice President 24 Vice Prosident ‘Treasucer Money at 5 Per Cent to Loan On real estate m District of Columbia No de lay i ciosing loene. f REISKELL & MeLFRAN. 1008 F at 4 FEW GOOD 6 PEK CENT L ‘OR SALE, at their iace and accrued int Fi SHERMAN, 610 Lath e = ISEMEATS, 18 AMUSEME! 10 ATTOR AE 13 AUCHION SALES 4 BOARDING 12 RUS.NESS CIT. 12 ciry IvEMS 10 13 12 OMMISSIONERS OF DEEDS. COUNTRY REAL ESTATE. . DEATHS 5 DENTISTRY . 13 EDUCAT ONAL 3 EX: URSIONS .. 10 1 8 12 13 212 FOR RENT isty. 2 12 RENT (Miscellaneor we 12 LE T Oces) ze 12 -2 12 “ 12 FoR RENT @tor-s).. 12 FOR SALE (Bicscies). 12 For SALE (Lots). 12 FOR S\LE (louse ¢ 18 FoR SALE (Miscel ae us). 12 FOR SALB (Pian : 12 GE RGETOWN ADVSRTISEMENTS. 9 HORSES AND VE .I LE: 12 HOTELS 12 LADIES’ GODS. 13 LEGAL NOTICES. 12 LOCAL MENTION 10 LOST AND FOUND. 12 MARRIAGES . 5 MEDICAL ....... ¥ WANTED AND TO LOAN OCEAN TRAVEL . PERSONAL ... PiANCS AND ORGANS: Page 13 RAILRIADS .. SPECIAL NOTICES. . STORAGE Thee ze > WANTED ¢ ot ). me W NTED «1 se Taneous).. WANED (Rove) . WANiED Sita cuions). Fett 2 3 g35999 IGGSGEGEGe Ges BY MAIL $1.00 Per Year.