Evening Star Newspaper, July 11, 1898, Page 12

12 LOCAL MENTION. AMUSEMENTS TONIGHT. Columbia Theater—Columbla Stock Com- pany in “Won at Last.” Glen Echo—Vaudeville. 15th Street and Ohio Avenue—Battle of Gettysburg. = Union Roof Garden, 36th and M streets— Refined vaudeville. ———_ aa EXCURSIONS "TOMORROW. ver View Steamer Samuel J. Pentz at 10 a.m., 2:15 and 6:45 py = Steamer Charles Macatester for Marsha! Hall and Mount Vernon at 10 a.m. and 2:30 p.m. Steamer Jane Moseley for Colonial Beach and Somerset Beach at 8:30 a.m. Steamer Estelle Randall for Glymont at 9:30 a.m. A Steamer. Washington for Norfolk an: Fortress Monroe at 6:30 p.m. Steamer Ha Randal! for Colonial Beachand river landings at ‘fs eae Trains leave 13% street and Pennsy avenue for Arlington hourly from 8 a.m. to ave 13% street and Pennsylvania lian ter ‘Mount Vernon at 6:30, 10, 11 @.m., 12:05, 2:05, 3, 4 and 4:15 p.m. ‘Trains leave Aqueduct bridge for Arlinj ton and Fort Myer and Falls Church every half hour from 6 am. to 12 p.m. Esler OUR WAY OF DRESSING the Beef snd Lamb we sell results in meat that fills the exactest requirements—tender, juicy and fresh. Just as low prices quoted as good meat can be sold for. T. T. E, 35-51 Center Mkt. —_——_—>__—_ Gas Ranges; largest assortment, lowest prices. A. Eberly’s Sons, 718 7th n.w. The Chicago “JEWEL” gas range has no equal; guaranteed satisfactory or money re- funded. $12.50, $13.and $14. 616 12th MUDDIMAN & CO. 1204 G. —_——_-— FOR YOUR ICED TEA Use “Kenny's Cheon,” the best 50c. tea In America. Pure American-refined Sugars sold at cost. *. D. KENNY, § city stores. WASHINGTON DRESSED BEEF. Spring Lamb, New York Roast Beef, Del- monico Steak, go to John R. Kelly, 9th st. wing, Center mkt. Corned Beef a specialty. a Try Reisinger’s Ice Cream, 235 G st. n.w. CITY AND DISTRICT. Visiting Editors. Members of the South Carolina Press As- goctation, to the number of forty, spent Saturday visiting points of interest about the city. The officers of the association are: E. H. Aull, president; W. T. Jacob vice president, and C. C. Langston, secre- tary. oo Roses are Cheap at Gude's. wers for funerals, $1 up. Gude, 1224 F. ivertisement es $10, Niagara Falls, Via B. and 0. Through train of coaches and parlot cars from Washington 8:10 a.m. July 12. Tickets good for ten days and good for stop-over returning at Buffalo, Rochester and Wat- kins Glen. —Advt. For Interment at Richmond. The remains of Mrs. Sarah Jane Rea, who died Saturday at St. Elme, Va., were taken today to Richmond for burial by the two sons of the deceased, George W. and John Rea. — Niagara Falls and Return via B. and 0., $10. 8:10 a.m. July 12. Tickets valid for re- turn within ten d. Advt so i Company of Immunes Mustered In. A company of eighty-two colored men (immunes) were mustered into service to- day at vi2 E street northwest by Capt. Robertson Palmer. They will e this ning to join the regiment of Col. E. L. Sth United States Volunteers, at Thomas. The men composing the selected from 200 who offer- Chas. E. Minkin and who have been con- oa militia for ants of the com- ed One Fare to Buffalo and Return via Pennsylvania Railroad. Account meet of Baptist Young Peo- Talo, ‘kets will be sold d to return until July 19, Extension 1.—Advt. —— District Naval The organizat on of the second division val Battalion is making having been re- ion of Capt. Haines ns mustered in end of this week. ee Special Rate to “Old Point,” 83 ik, Va. Bench & Newport News. count of Nat. Edu fonal Ass’n the k and hington Steamboat Co. nd trip ‘kets over its lines 3 for round trip. Steamers e to a complaint made by Mr. jchaefer, 1322 11th street southeast, ners, of the condition of the sewer into the Anacostia river, the Dis- Commissioners have informed him that it Is due to the small flow of the river, is not sufficient to prevent the © of sewage upon the flats. The ssioners fay no material tmprove- would result from extend ent of the condi completion of the osal, although 1t nd the line 2 $5.00 Excursions to the Seashore $5.00 via Penn For Atlantic City a Isle Ci Ocean City on sale for trains Fridays and September 10, 1898, good to the following Tuesdays, at rate ncluding transfer of passenger in phia.—Advt. ——— Bay Ridge and Return via B. and 0., 50 Cents. 430 p.m. 8:15 p.m. Sundays.—Advt. —_+—__ Mrs. Melson Asks for Divorce. Mrs. Lydia Me!son has instituted pro- ceedings for divorce against her hushand, Samuel W. Melson, alleging desertion. Melson ts a non-resident of the Dictrict was last heard of at Columbus, Ohio. The complainant is represented by Attor- ney I. Williamson. — $1.25 To Baltimore and Return $1.25 via Pennsylvania Railroad. Account N. E. A. tickets on sale July 9 to 16, good only on date of sale. All trains except Congressional Ltmited.—Advt. —— Reports of Educational Association. The Evening Star will publish each day « an interesting report of the proceedings of the National Educational Association con- vention. Copies of The Star during the period covered by the convention, from July 7 to 13, inclusive, will be mailed to any address in the United States for 10 cents, THE STAR BY MAIL, Persons leaving the city for any period can have The Star mailed to them to any address in the United States or Canada, by ordering it at this office, In person or by letter, Terms: 13 cents per week; 25 cents for two weeks, or 60 cents per month. Invariably in advance. Sub- scribers changing thetr address from one Post-office to another should give the last address as well as the Rew one. 2B Fs Fr THE EVENING STAR, MONDAY, JULY 11, 1898-12 PAGES. CRASH CAUSES DEATH | #ecc™ wt st‘ Bs home, oie > One Passenger Killed anda Number Injured in Smashup. ELECTRIC CAR RUSHES DOWN INCLINE Breaking of Chain Works Disaster on Capital Railway. KILLED AND INJURED —— Car No. 4 on the Capital Railway line became disabled about 9:80 o'clock last night at the top of the asylum hill by the breaking of a chain attached to the brake, and the car ran down the hill at a fright- ful rate of speed, crashing into an Ana- costia horse car at the foot of the hill, smashing a trolley pole and awning post and finally coming to a stop at Nichols and Howard avenues. One passenger was kill- ed and about three dozen people were more or less injured. Some of them were se- riously hurt, and one or two may die. Mo- torman Arthur Shelly did all he could with the electric current, and when the bottom of the hill was reached and an ac- cident could not be avoided he jumped from the platform and escaped injury. Conductor J. W. Werner remained aboard until the collision occurred, but also es- caped injury. As soon as the accident happened there were telephone messages sent in all direc- tions for doctors and ambulances. The po- Nee reserves were cailed out, and in a short time the wounded were being cared for either in the hospitals or at their homes. Some few were kept in houses near the scene of the accident and were given medical treatment. Crowded With Passengers. The Capital Railway Company uses the overhead trolley system south of the Ana- costia bridge. When car No. 4 left Con- gress Heights, some minutes after ¥ o'clock last night, there were many pas- sengers aboard, including men, women and children. Many of them had spent the day in the woods and were returning home. Just after passing the gate of the govern- ment hospital for the insane passengers on the car heard a rumbling noise, but just what it was they, of course, did not know. The motorman understood very well what the trouble was, and he gave the conductor a signal of warning. The car was then going at terrific speed, and the conductor made his way to the rear plat- form and used every effort to apply the brake, but was powerless to check the car. When the passengers realized that a smash-up was unavoidable they began jumping from the runaway vehicle, and in this way several were injured, while oth- ers managed to escape unhurt., Driver Roger Barker of the Anacostia street car line had his car on the turntable, near Douglass Hall, and had not finished turn- ing the car, when his attention was at- tracted to the electric car, then thundering down the hill. While he believed that the saving of his horses and car was impossi- ble, he made an effort to get the animals loose. An instant before the crash came he deserted his team and jumped to the sidewalk, reaching there in time to save his life. Witnessed the Destruction.” Standing there on the sidewalk the driver saw his car demolished and his horses so frightfully cut up that it was necessary to end their sufferings soon afterward. The heavy electric car jumped the track just before the switch and turntable were reached, but did not clear the little horse car. This vehicle was struck on the end, and so great was the force that it was smashed and splintered and thrown in a mass on the sidewalk. The fatally injured horses were also thrown on the pile of cebris. Moving on as if it wer@going to tvar through the houses on the street the cleetric car struck the curpsione und an iron trolley pole about the same time. This changed the course of the runaway, and instead of going through it continued along the line of the curb, taking an awn- ing post from in front of W. B. Gale’s drug store and finally stopping at Howard ave- nue. Here the collapse of the car was almost complete, and the passengers were imprisoned by the falling of the roof and uprights. Driver Barker of the Anacostia Hne and Cenductor Werner, who nad gotten off the damaged car at the last minute, were among the first to begin .he work of rescu- ing the passengers. Women and chiliren in the car were screaming an¢ shrieking. Some of the passengers had received broken legs, arms or ribs; some had been cut about the head and body, while still others had received internal injuries,which cavsed severe suffering and endangers their lives. Adds to the Horror. The sight of blood on so many of the vic- tims added to the horror of the situation, | and frightened come of the women and chil- dr2n who had really not been injured to any great extent. The noise made by the smashing of the cars and the outcries made by the frightened passengers attracted peo- ple from points sev>ral squares distant, and there was soon a big crowd on the street. Many of them were of assistance to the in- jured ones, for they were scattered along Nichols avenu3 from near the top of the hill to Howard avenue, where the car final- ly came to a standstill. Some of those who had jumped had received injuries which rendered them unable to mak thelr way to the foot of the hill, while those who had not been so badly hurt assisted them as best they could. Physicians and ambu- lances were in great demand, and th2 doc- tors at the insane asylum wera quick to respond to a call. Dr. Stewart Harrison of Anacostia and Dr. W. E. Gales of Hillsdale were also soon on hand. Police patrol wagons from several of the stations, as well as hospital and polic? ambulances, were called out to remove the injured. Wagons in Hillsdale were also pressed into service, and after some little time the mors serlously injured passengers were in the hespitals, while others were patched up by the doctors and sent to their homes. The people of Hillsdale and Anacostia did all in their power to assist the victims of the accident. S2veral houses were thrown open and converted into hospitals, and there was no one who refused to go for medicines and render other help. Women and Children in Wreck. Among those who remained in the car un- til the final crash came were a number of children and women, and not many of them were seriously hurt. When the rescuers re- moved several of the heavier pieces of broken timbers and the roof these passen- gers were found in all sorts of positions— some of them at full length on the car floor, while others were in kneeling posture, and still others had remained on the seats. In the midst of all the confusion and suffering a little dog that had evidently been on the car with one of the passengers emerged from the wreck. The animal was a littlo disfigured, but did not appear very much frightened, and would not be driven from the wreck until its owner was sighted. Removed to Emergency. There were five of the injured passengers takep to the Emergency Hospital, but three of them were able to be sent to their homes after receiving treatment. One of them was R. ‘W. Bowman, who lives on Congress Heights. His injuries are serious, but it is believed he will recover. He was hurt about the hip and back and his left hand was alse sprained and cut. He was not able to leave the hospital. Ernest Berke- ley, who lives at 130 Francis street south- east, was bruised about the head and face. He also received several severe cuts, but his injuries were not believed to be very serious. He was not detained at the hos- pital after his wounds were dressed. Guy Latimer, a mail carrier, sixteen years old, whose home is at 4th and G streets southeast, was seriously injured. He shows symptoms of concussion of the brain from injury to his skull. Lewis F, Miller, thirty-two years old, a watchman, received a long cut in the back of his head. Several stitches were put in the cut and he was sent to his home, 923 N street northwest. ¥. H. Collins, a tinner, was injured about the shoulder. His injury is by no means At Providence Hospital. The first persons taken from the wreck were received at Providence Hospital. Sister Beatrice had been notified of the occurrence some minutes before the in- jured ones reached the institution, and she had the doctors and nurses on hand ready to receive them. Dr. Wall, the resident physician, had several assistants, and they were kept busy for some time. The man who died, Franklin C. Hosmer, was among the first to reach the hospital. It was evident from his condition that he could not last long, and about thirty min- utes after he was admitted to the institu- tion he succumbed. bd Among those cared for at this hospital Was Otto Haarer, who lives at 741 7th street southeast. His left leg was frac- tured and he will not soon be able to leave the hespital George W. Orem, a bookbinder, living at No. 1223 E street southeast, had his right leg broken. Frank Downing, 1318 9th street, was se- verely bruised. Frederick Winkleman, 419 C street south- east, an apprentice in the navy yard, sus- tained painful injuries to his back. George Coleman, twenty-three years old, was injured about the head and body. He is @ pressman and lives at 1112 6th street southeast. T. W. Roberts, fifty-six years old, Bal- timore and Ohio railroad agent at’ Ana- costia, was also taken to Providence Hos- pital. He was injured about the head, and his condition this morning was serious. James Morgan, an apprentice in the navy yard, living at 1112 E street southeast, had his thigh broken. Patients at Eastern Dispensary. Two of the victims were taken to the Eastern Dispensary. One of them was W. 8. King, a shoemaker, who is in busi- ness at No. 2149% Pennsylvania avenue. His ribs are fractured. William Barker, an ironworker, living at 1220 2d street southeast, is the other patient in this hos- pital. He was badly bruised and cut, and may have received internal injuries. His condition is regarded as serious. Killed and Injured. Killed—Franklin C. Hosmer, 1315 8 street northwest. : Seriously injured—William Barker, 1220 2d street southeast; T. W. Roberts, 114 Pierce strzet, Anacostia; Guy Latimer, 4th and G streets southeast; Miss Mollie Dur- ham, 711 I street northwest; Lewis Rosen- berger, 928 Eaton street, Baltimore. Painfully injured—Ernest Berkeley, 120 Francis street southeast; Mr. and Mrs. Baldwin, G street northwest; R. W. Bow- man, Congress Heights; George Coleman, 116 6th street southeast; Joseph Collins, 717 I street southeast; F. H. Collins, 3138 P street northwest; Frank Downing, 1318 9th street northwest; Mr. Dougherty, Vir- ginia avenue southeast; Fritz Howard, 504 12th street southeast; Otto Haarer, 741 2d street northwest; Mrs. Hall, 907 G street southeast; Julius Hanlein, 706 I street southeast; W. Dawson King, 152 Jackson street, Anacostie; W. S. King, Miss Lizzie Lewis, 249 llth street southeast; L. F. Miller, 925 N street northwest; James I. Mills, 1323 11th street southeast; James F. Morgan, 1112 E street southeast; Frederick Morgan, 1112 E street southeast; Arthur Marks, 519 7th street southeast; George W. Orem, 1223 E street southeast; Edward Oliveri, 731 Sth street southeast; Mrs. Payne, 7th and I streets southeast; George Poole, 806 E street southeast; William Sul- livan, 611 G street southeast; Mary Scott, 732 7th street southeast; George Tharp, 326 9th street southeast; Frederick Win- kleman, 419 G street southeast. Besides these there were several injured whose names have not been reported. Body Identified. All night long the police endeavored to have the dead body of the man who died at Proyidenze Hospital identified, but it was not until about noon today that the bedy was identified as that of Mr. Frank- lin Carlton Hosmer. The deceased, who was about thirty years old, lived with his widowed mother and married sister at 1215 S$ street northwest. His father, who had been a clerk in the Treasury Department for more than thirty years, died suddenly about two years ago. Mr. Hosmer, jr., was a sketch artist, but on account of his health he had not done any work recently. Yesterday afternoon about 4 o'clock he told his mother he thought he would take a ride over to Con- gress Heights and enjoy the country air. “I won't be gone long,” he told her, and off he went. When he did not return home last night his mother became uneasy, but she had no idea what had become of him. This morning when he had not returned a neighbor went and saw the body. Soon after the aged mother of the unfortunate man was told of his sad ending. The de- ceased was well known here and had many friends. He was particularly fond of chil- dren, and the little ones in his neighbor- hood will regret his fate. The deceased was a native of Kankakee, Ill., and came here when he was three years old. Fred Morgan, one of the injured in yes- terday’s accident, is the son of John T. Morgan and nephew of Frank P. Morgan. The Motorman’s Story. Arthur Selby, the motorman, this morn- ing gave the following version of the af- fair: “When I started down grade I attempted to put the brake on, and when I heard the brake chain snap I gave the conductor three bells as a signal to put on the rear brake. The current was, of course, off at the time. I pulled the reverse lever, in- tending to try and run the car backward, but the lever failed to work, because, I suppose, of the car’s momentum and heavy load of passengers. There must have been 130 people on board. The people were jumping off all the way down the hill. “There were comparatively few persons on the Gar when the collision came. The car jumped the curved track at the bottom of the hill. They tell me that the conductor succeeded in putting on the rear brake, but that it was too late and it failed to work. “I left the car just before the collision. I was rendered senseless by the leap and did not revive for fifteen minutes. It was all over then except the caring for the wounded.” Conductor’s Version. Conductor J. W. Werner was also seen this morning. He stated that he had suc- ceeded in putting on the rear brake, but that tt did not work. He was in the car when it came to a standstill, having been caught under some debris. He crawled out and assisted in helping the injured. Mr. Edward Stephenson, with his wife and family were on the runaway electric car. Mr. Stephenson hardly knows how they escaped death or injury, but they were not hurt. He assisted in holding up the roof of the car and prevented some women fegra sry 23 to leap out. oliceman Buckmaster, who the accident, said: witnesses “It was all over quicker than {t tal tell it. I looked up the street, and fag se people screaming and then came the crash when the cars came together. The electric car came rushing across the street, and the roof was splintered in the shock against the trolley pole.” Many persons were hurt whose names could not be learned. Others who were but slightly hurt left the place in carriages. No person living in Aracostia was hurt except Mr. Roberts. Sroses ee N. E. A. to Baltimore and Return via Pennsylvania Railroad. $1.25 for the round trip. Tickets on sale July 9 to 16, good on all trains except Con- gressional Limited day of sale only.—Advt. ——>-—_ Projected Improvements. Mr. Robert D. Weaver, the president of the Metropolitan Railread Company, has been notified that the roadway of East Cap- itol street on the south side of Lincoln Park, between 11th and 18th streets, is about to be paved. The District Commis- sioners, in so informing Mr. Weaver, re- quested his company to arrange for the paving of that portion of the street between the rails of the company’s tracks and two feet exterior. The company has also been requested by the Commissioners to deposit the sum of $125 to cover the cost of two catch basins ni to prevent the ac- cumulation of water at the northwest cor- ner of 18th and Bast Capitol streets and to relieve the overtiow at llth street. ~ See pereeeees About 11,050 square feet of ground on D street between 18th street and Kentucky enue southeast will be sold by trustees at tion tomorrow afternoon at 4 o'clock, and at 4:45 o'clock 14,796 square feet at the northwest corner of 25th and B streets northwest, also fourteon lots on Irving, Bis- marck, Princeton, Harvard, Stanton and Wallach streets and Sherman avenue north- west at 5:30 p.m. Bee advt. for tull qe- scription and terms. TALL: SERUCTURES Decision of the Oourt Touching Dei amc. COMMISSIONERS’ 2VIEW SUSTAINED No Opinion Upén the Validity of Building Regulations. TEXT OF THE OPINION The decision of Justice Cole of Circuit Court No. 1, in the case of Alonzo O: Bliss, against the District Commissioners, -has been received. The decision is a most im- portant one, affecting as it does the entire question of tall ‘buildings -in the’ Capital city. “The petition in this case,” says Justice Cole, “prays the writ of mandamus requir- ing the respondents, the Commissioners of the District of Columbia, to tssue a permit to the relator to construct an apartment house on 16th street northwest between K and L streets of the height of 110 feet above the level of the street, if the plans and specifications therefor shall be found i: all other particulars in substantial con- formity to the building regulations. The relator claims the right to construct a building of said height at said point under the provisions of the first paragraph of the fertieth section of thé building regulations, which is in the following language: “““No building shall be erected or altered on any street in the District of Columbia to exceed in height above tha sidewalk the width of the street in its front, and in no case shall a building exceed ninety feet in Leight on a resident street, nor 110 feet in a business street, as defined in these regu- jJations, except on avenues 160 feet wide, where a height not exceeding 130 feet may be allowed when the lot is of sufficient frontage and depth, in the judgment of the Commissioners, to justify the same.’ “A schedule of what are to be considered business streets is annexed and made part of the building regulations, and 16th street is not among them, and must be considered a resident street within the meaning of those words as used in the said fortieth sec- tion. “The respondents in thelr answer deny the right of the relator to a permit to erect a building 110 feet high at the place in question, and contend that according to the proper construction of the fortieth section, buildings of a greater height than ninety feet are prohibited on a resident street, and that they denied the permit in this case on that grourd. The relator, on the contrary, maintains that the exception contained in said section applies alike to resident and business streets, and that as the respond- ents inake no objections to the proposed height on the ground of the width or depth of the 1Lt on which he proposes to butid, be is entitled to run his building to the height of 110 feet, or might go as high as 130 feet if he desires, as 16th street is wider than the last menticned height. So that the real controversy is whether the said exception applies to the business streets only or the resident streets as well. The Word “Avenue.” “It was suggesied, rather than seriously argued, on behalf of the respondents at the hearing that as the word ‘avenue’ and not the word ‘street is used in the excep- tion, it does not: apply to 16th street, as that’ is not designated as an ‘avenue,’ but as a street on the plat of the city. But this position is clearly untenabie. A famil- iar construction of statutes is that words are to receive their ordinary, popular sig- nifi¢ation unless there be something in the context to indicate that they are used in a more restricted or different sense “While there ig a shade of difference in the definitions of ‘streets’ and ‘avenues’ as given by the lexieographers in common par- lance, they are synonymous words, and in. stead of the context indicating that the, word ‘avenue’ is used here in its more re- stricted sense, the use of the words ‘streets’ and ‘avenues’ throughout the building regu- lations shows that they are used indiscrim- imately as having the same meaning. “But there is another argument on be- half of the respondents which ts entitled to more consideration. The first part of the section preserves a difference of 20 feet in the maximum height of buildings on business and residence streets, while the exception, if it applies to both classes of streets, does away with this distinction. It is quite apparent that there may be ade- quate reasons for allowing buildings of greater height on business than on resi- dence streets, but if the consiruction con- tended for by the relator be adopted, a party would have the right to run a build- ing as high on a residence street as on a business street, provided his lot was wide and deep enough to justify it. While the position of this exception in the context is such that it would naturally apply to both classes of streets, the court is unable to Say that the consideration above mention- ed is without weight, and that the construc- tion contended for, limiting the exception to ‘business’ streets, is inadmissible. “It is the well-settled doctrine of the Su- Preme Court that executive and ministerial officers have a discretion to exercise in con- struing staiutes which they have to apply and enforce in the discharge of their duties, and that such discretion cannot be control- led by mandamus if the statute is fairly open ‘to construction, although the court might not adopt the same interpretation that the officer complained of did. The question in such cases is not whether the officer has adopted the construction which the court thinks the proper one, but whether the statute is susceptible of more than one meaning, and whether the one adopted by the executive officer is reasonable. Another View of the Case. “There is another view of the case entitled to consideration. Although it is a*rule probably without exception in the construc- tion of statutes that the opinions or decla- rations of the individual members of the legislative body, as to what was intended by the language used, cannot be considered in interpreting the law, still it is to be borne in mind that*the same body which enacted this regulation is called upon to construe it in applying it, and two of the respond- ents are the same persons who formulated and adopted the regulation under consider- ation. And while the respondents could not be permitted to adopt an unreasonable con-" struction, or to construe the same regula- tion differently on different occasions, still in this case, although the court should be of opinion that the construction they have adopted was inadmissible in view of the language used, inasmuch as this seems to be the first occasion they have had to con- strue it in this particular, even if it be ad- mitted that they have used language which confers a right to construct a building higher than they: intended on ‘resident’ streets, it may well be doubted whether they now be compelled by mandamus to permit what ‘they, in their answer, say they never intended, and what they consider contraryc to public safety and interests. It has never been understood that the respondents exhausted their pow- er in that regard by making one set of reg- ulations, but that thay might alter and amend them at pleasure, and this has been the practice, “If, therefore, by am. inadvertent use of language they heve seemingly permitted the erection of a builiiing, which they be- Meve to be against public interests, they should be allowe@to amend the regulation, and not compelle@sto enforce it. “The relator alleges:that he has expend- ed more than $80, in preparations to erect this building on the faith of this reg- ulation. But it ig not alleged or perceived how he could have properly made any ex- penditures before obtaining his permit, otherwise than in the purchase of a lot. But tf he has been misled to his prejudice a the regulation, he ht be entitled to his action for damages, but that does not entitle him to the extraordinary writ of us. hing was said in argument about ee city, oe se ser ometton pees trui respondenis, as being nonal, ‘and an unwarrantable upon tion of the regulation, and the court ex- ae opinion upon the question of validity of the regulation in question. wri mandami “The tory writ of us is dented, rule discharged and the petition wismissed, with costs."” + pl Tax Mr. Topham Thinks the Compantes Are Violating the Law. Are the express companiss avoiding the war revenue law by requiring consignors ot goods to pay for the stamps required to be placed upon receipts? That is the ques- tion a number of business men ars asking, and which Mr. James 8S. Topham proposes to examine into and solve if possible. Mr. Topham’s examination is due to the fact that the officials of the Washington office of Adams Express Company required him to pay for the revy2nue stamp upon a receipt for @ package he sent to Fredericks- burg this morning. Mr. Topham claims such action is unjust and in direct violation of the law. He further claims the compa- nies are taking this action to avoid the re- sponsibility for loss, and he intends to bring tha matter before the board of trade at the earliest possible date and secure the co-operation of Washington business men in having a test case brought in the courts. Mr. Topham says there have been a num- ber of complaints among busin2ss men, and he thinks it time the apparent violation of law is stopped. This is the express company’s side of the case, as given to a Star reporter. this after- noon by Mr. Moss, the Washington agent of Adams: “When the law went into effect the agents of all express companies in the United States were instructed to require consignors to pay for stamps upon all re- ceipts. These instructions have not bean changed.” ON EXPRESS PACKAGES. —_._— AMUSEMENTS. LAST WEEK OF THE COLUMBIA STOCK COMPANY.—The management of the Columbia Theater has decided that the present week shall be the last of the Colum- bia Stock Company and has determined to give the people of Washington an oppor- tunity of expressing their choice of plays already produced by the company. They are all comedies and the abilities of this popular organization will be tested in a change of bill nightly. Several reasons have prompted the management to give a review of the plays already produced rather than a new piece, the principal one being a desire by a very large number of people who did not have an opportunity of seeing “Esmeralda” on account of the intense heat to have the bill repeated. Of all the plays put on by the Columbia company “Esmeralda” was distinctly the best, and it has been determined to repeat it several times during the week. The only change in the personnel of the company in these plays is Miss Florence Wilberham, who succeeds Miss Margaret Mayo. Miss Wil- beham will be seen as Miss Fitzgiggle in “Won at Last” tonight, as Libby Dear in the “Mighty Dollar’ Tuesday night, and as Maggie in “Brother John” Thursday. FOR THE DISTRICT VOLUNTEERS.— The Grand Opera House is likely to be crowded with a patriotic audience tomor- row evening, the occasion being a benefit performance’ by the Columbia Opera and Dramatic Club, in a double bill of farce comedy and comic opera, for the benefit of the families of the District volunteers at the front. The theater will be cooled with electric fans, which have been placed all over the house, so the warm weather need not keep any one away who is dis- posed to help this worthy object. The club will play two very funny pieces, “The Mouse Trap,” a farce comedy in one act, and Hubbard T. Smith’s “A New Year Re- ception,” in two acts. The costumes and Stage settings will be elaborate, and every- thing is being done to add to the success of the performances. One of the boxes has been set apart for the President and his cabinet, who have been invited to be pres- ent. The club hopes to have part of the Marine Band to furnish the music. = EXCURSIO) s. The usual targe throng, numbering about 1,200 persons, visited River View yesterday, and al! séemed to enjoy themselves thor- oughly. The music by the River View or- chestra, under the leadership of Prof. Chris, Arth, jr., was greatly enjoyed by the music-lovers, while the many attrac- tions of the resort furnished amusement to the other visitors, The Young Men’s Sodality Lyceum, the leading social organization of Alexandria, will give its twelfth annual excursion to River View tomorrow, and it invites its many fmends in Washington to go with them and enjoy a pleasant day. The Ly- ceum excursions are one of the features of the summer season in Alexandria, and the best-known people of that city attend it. There will be music and dancing all day and evening, and the chute and other at- tractions will be ready to give pleasure. The steamer Pentz will leav here at 10 a.m. ANTI-SALOON MEETING. Address by W. T. Bundick on Drink- ing Usages. W. T. Bundick of Virginia spoke at Cal- vary Baptist Church yesterday afternoon under the auspices of the Anti-Saloon League of the District of Columbia. His theme was “The Drinking Usege of So- ciety in Their Relation to the Saloon,” and he argued that the responsibility for the traffic in intoxicating drinks, with all its evils, was not altogether with the druuk- ards. or those who are in the tratfic fer the money there is in it, but mainly with society at large, which determines the character and the enforcement of the laws. Mr. Bundick was preceded by Mr. R. A. Dinsmore, who read a selection approprizte to the theme of the address. Col. John F. Vinal presided, with Mr. Lillibridge of Cal- vary choir as precenior. The opening prayer was offered by Mr. Ewin, president of the league. a Sword for Mayor Lynch. A handsome sword was presented aSt- urday to Maj. John R. Lynch, recently appointed by the President paymaster in the army. The presentation took place in the Capital Bank buiiding, on F street, in the presence of a number of friends of the new paymaster, the speech being made by Sergt. Maj. Lewis H. Douglass of the 54th Massachusetts Regiment. Remarks were made by several, and Maj. Lynch appropriately responded. —_—>—__. Buffalo, N. ¥., and Return via B. and O., $11. Tickets sold July 12, 13, 14 and 15, valid for return until 19th, but may be extended to September 1.—Advt. —_—_ Backward Children. The Haddonfield, N. J., school for the training of children who are mentally de- ficient has an exhibit of the work of the children at the Franklin school building, 13th and K streets northwest. Some of the specimens are exceedingly interesting, showing what can be done by systematic training of backward children. The theory upon which the system is based, carries the physical, manual and mental training of the child hand in hand. Miss Thyrza C. Williams is in charge of the exhibit. The United States Government will not buy baking powders con- taining alum at any price. The Government does buy Cleve- land’s baking powder, which speaks volumes in its favor. Cleveland’s is a pure creant of tar- tar powder. Cleveland Baking Powder Co.. New York, DINNER,*1, CHASE INN. @ Hote Dinners, 5:30 to WAR STAMPS. Banks Are Having No Trouble With Checks. The banks of the city are experiencing no difficulty at all on account of that feature of the war revénue law which requires @ two-cent stamp to be affixed to all checks. Although the agreement entered into by the representatives of the various banking houses of the city that they would in no instance pay for the stamps on checks, but require their customers to do it, does not g0 into effect until the Ist of next month, still very few unstamped checks are pre- sented. In the cases where checks are re- ceived without the government tax, some banks follow the rule of returning them to the makers, with the statement that they are not in proper form to be cashed, and are returned in order that stamps may be attached, according to the terms of the law. There are banks, however, where un- stamped checks are received, the stamps attached and the cost of the stamps charged to the account of the maker of the check. A rather ingenious method of avoid- ing the liability to the stamp tax has been suggested to bank officials by depositors, but, as it is limited to the individual de- positor, there is not much likelfhood of its being resorted to, at least to any extent. The plan is for a man who has a deposit in a bank and wants to draw out the whole or a part, to present a receipt for the amount and ask for the money. It is held by those who are familiar with the law that such a demand must be complied with, and~that the money must be paid out on the receipt, which, under the law, is not a taxable paper. The usual form, of course, adopted by those who wish to draw out from a bank Toney on deposit is to write a check, but it is held that the receipt of a depositor which is presented at the bank of deposit by the depositor in person is sufficient to warrant payment. Such a receipt, however, is not negotiable, and for this reason it is not probable that receipts will take the place of checks in current business. Indeed, it is held by some bankers that depositors who adopt what they term such @ pernicious method as this, ought to be invited to withdraw their entire account. At any rate, it is thought that Uncle Sam will not suffer. —_+__. Mrs. Schele de Vere’s Burial. The r2mains of Mrs. Schele de Vere, who ded Saturday at the University of Virginia, will be brought to this city this afternoon for interment in Rock Creek cemetery. She was a deughter of William C. Rives, at one time the representative of Virginia in the United States Senate, and the widow of M. Schele de Vere, at one time professor of modern languages in the University of Vir- ginia, Royal Baking Powder holds its strength in damp, hot, cli- mates. In the hard service of the camp and on shipboard it turns out the same light, sweet and healthful biscuit, cake, and bread that it does in the home kitchen. Concentrated strength and highest keeping qualities are peculiar characteristics of the Royal, making it the most satisfactory for use everywhere. AMUSEMENTS. BASE BALL TODayY. CHICAGO vs. WASHINGTON. GAME CALLED AT 4:30 P. ADMISSION, 25 AND 50 CED NEXT—CHICAGO, JULY 12, 13, 14. The Cycler’s *‘=P-a-r-a-d-i-s- —t1s-found on the two perfect ronds which lead gut to Schlosser's Summer Garden, Brightwood, D. C. You will have a splendid ride, whether Fou,take the 7th st. or the 14th st. roads. Music every evening at the gardens. All ve- freshments at city prices. Punctures repaired on the premises. “7th st. electric cars pass the Brightwood Hotel, 2-2 Scntoseer, iicoa ‘9 Proprietor. CRAND BENEFIT FOR FAMILIES OF DISTRICT VOLUNTEERS. rs. jyl1-14a OPERA ~ TUESDAY EVENING, HOUSE. July 12, 8:15 o'clock. FARCE ‘COMEDY. Electric Fans (Ah? © RESERVED SEATS, 25c., at bor office TUESDAY, jyl1-2¢* COLUMBI TBE LAST WEEK. THEATER SLOCK CO. MATINEE SATURDAY. TONIGHT, WON AT LAST! ind Friday nights, “The Mighty Dol- lar; Wednesday night and’ Saturday Matiaee, ““Eemeralda; ursday, ‘Brother John,” and special farewell Saturday, ‘Innocent as a Lamb.” Prices—25, 50 and 75 cents. jyll-6t Glen Echo. ALLEN & TOWERS Grand Double Bill. Opera and Vaudeville. 8:10—Overture, Glen Echo Orchestra. 15—Mirs Edith Craskee. Transformation Dance. Temorrow -Directors 8:25—Clivette, Renowned Shadowgraphist and Jug- gler. 8:45—Collier’s Operetta, ‘Charity Begins at Home,”’ by the principals of the Parry Opera’ Co. 9:38—Whiting Sisters’ Premfer Cornet Duetists, Acrobats Comique. ‘Star Spangled Banne 25e. Children under 12 years,10c. iay and evening; service a la carte. ‘The Merry-go-round, Amusement Village, &c., &o. jyll-2atf Patriotic Midsummer Festival BY THE Legion of Loyal Women, Corner 26th st. and Pennsylvania ave. n.w., JULY 18, 14 AND 15, 1898. For the benefit of the District of Columbia Vol- unteers, Red Cross, Camp Alger, Legion of Loyal Women. Single Admission, 25 cents. Sy9-5t It is just the easiest thing in all the world To have a GOOD SEAT on the ELECTRIC CARS alt the way to GLEN ECHO and return, if one will take the line that runs enongh cars to bandle the people and follow the instructions outlined below. Take the GEORGETOWN and TENNALLYTOWN CARS connecting at West Chevy Chase every ten minutes, for one fare, with the cers of the WASSI- TSGTON and GLEN ECHO R.R. CO., and on ar- rival at WEST CHEVY CHASE BOARD TH FIST CAR gding EAST and get your SEATS. NO EXTRA CHARGE FOR THE RIDE UP TO Chevy Chase, and you have secured THE BEST SEATS by boarding the empty car before it reaches THE CROWD at THE CIRCLE. The cars connect every, ten minutes at 824 and M sts. with the Capital Traction AVENUE LINE and at 22a and P sts. with the Metropolitan—F st. LINK. ‘This is the best service and finest RIDE. THE LENE fs through the HIGHEST PART OF THE DISTRICT, almost on a level with the TOP of the WASHINGTON MONUMENT. You always have A GOOD BREEZE and BEAUTIFUL SCENES. More points of interest along this line than any other, and the best time made to GLEN ECHO. DOUBLE TRACK ALL THE WAY; NO ‘TURNOUTS, NO DBLAYS. Returning, cars leave ‘West Chevy Chase every ten minutes up to 12:30 midnight. Last car connects with car leaving GLEN ECHO at 12:10. BATTLE of GETTYSBURG 15th St. and Ohio Ave., oe NOW OPEN. Night@o«Racing “Adin, 36 SSS Distress After eating, sour stomach and belching are symptoms which should be checked lest they develop into chronic dyspepsia. There is nothing on eerth so good as Hood's Sar- Separilla as a stomach tonic, appetizer and regulator. This ts the verdict of thousands who have tried it and are cured, and who urge all who suffer from dyspepsia to take Hood's parilia America’s Greatest Medicine. $1; six for $5. Sere HOOD'S PILIS are the fevorit: tharti OPEC EH SET C EV OLEESE TEE CEES EXCURSIONS, ETC. N. BE. A. Excursions to Tit. Vernon and Arlington. Electric trains leave 13% st. and half ‘hourly for Arlington ‘from ‘Sas ne come and hourly for Mt. Vernon from 10 a.m. to 8 p.m. _ Round-trip Tickets to Mt. Vernon, includ. Arlington & Alexandria, 60c, Round trip to Arlington only. EF Visttors wii ° sae ace il Ged this the sbortest and quicke WASHINGTON, ALEXAN] : : dyli-tetr 'DRIA & MT. VERNON RAVE A JOLLY TIME! YOUNG MEN'S SODALITY, LYGEUM, VIEW, TUESDAY, JULY iz, Pent: at 1) a.m., 2:15 and 6:80 p.m, : 25 ORNS — RY. RAYMOND & WHITCOMB’S TOURS. ALL TRAVELING EXPENSES INCLUDED Parties will leave PHILADELPHIA tn JUL’ and AUGUST for grand and Comprebensive Toure Seewie ALASKA AND THE VELLOWSTONE PARK, WONDERLAND OF AMERICA AROUND THE WORLD TOUR, August 2 and 23, TOURS TO ALL THE LEADING EASTERN RE- SORTS during July, August and September SEPARATE FROM PERSONALLY CONDUCTED TOURS, INDIVIDUAL RAILROAD AND STEAM- SHIP TICKETS, WITH SLEEPING AND VAR- LOR CAR RESERVATIONS, STATE ROOMS, &e, INFORMATION CHEERFULLY GIVEN, ©FSend for descriptive book, mentioning trip desired. RAYMOND & WHITCOMB, 1005 Chestnut et., Philedelphia. sri1-se art Carroll Institute Minstrels To RIVER VIEW. Monday, July 11, 1898. Steamer Pente leaves at 10 a.m., 2:15 and 6:80 p.m. An entertalnlag program by the company will be ® feature of this excursion. _Sy9-2t TICKETS, 25c. COLONIAL BEACH. SOMERSET BEACH. STEAMER JANE MOSELEY. NS SATURDAY, JUNE 18. DAILY, EXCEPT MONDAY. eygnres N st wharf daily, 8:30 a.m.; Saturday, 30 p For state rooms, charters and tickets, apply to GUZMAN, in E Droop's Music Store, $25 Pa. ave. n.w. Sy5-15a ADAM F. WURACH, Manager. 36 Hours’ Outing for $2.00 CHEAPEST TRIP OF THE SEASON. steamer Includes "trans; RANDALL and HOTEL BELL MD. Round-trip tickets on steamer, i dinner, supper, etate room, breakfast and dinner, will also be sold cc those who wish to take an enjoyable two-day outing on the river, for $3.50. Take steamer on Sundays, Tuesdays or Thure- Gays at 7 a.m. Returning on alternate days. jy5-12t¢ EB. S. RANDALL, Prop. of Sieamer. N. E. A. To Mount Vernon. In adéition to regular service of STEAMER “CHAS. MACALESTER” at 10. a.m. 2:30 P.w., which will accommodate 3,000 passengers daily, otber steamers will be in readiness to ac- commodste an additional 3,900 on days when large Rumbers of the association make their pilgrimage to the home and tomb of Washington, iy6-6t For Marshall Hall. ortation on pper, lodging CHAP HARRY kfast at 5 Steamer “‘Charles Macalester"—Capt. L. L, Blake—leaves 7th st. wharf daily at 10 a.m. and 2:30 p.m. (Sundays, 11 a.m. and 2:80 p.m). Fare, round trip, 25¢. ao music, All amusements. Cafe on steamer. For Mount Vernon Tomb of Waxhington, “Macalester” daily. except Sunday, from 7th st. wharf at 10 am. and 2:4 p.m. Fare, round trip, 50c. Admission to grounds and mansion, 25c. jy4-1set .. “Ericsson LineExcursions' ATTRACTIVE WATER ROUTE FROM BALTIMORE To aoe er (day boat) eve! Sunday) at 7:30 a.m. To Philadelphia (nigh' To Philadelphia and return by rail To Cape Muy (from Philadelphia by rail). To Cape May and return (ten days) To Cape May and return (season). ‘fo Atlantic City (from Philadelphia by rail) To Atlantic City and return (ten = tae To Atlantic City and return (season). To Asbury Park, Occan Grove, Long Branch To Asbury Prvk,Ocean Grove, Long Branch apd return, season (from Philadelphia by rail) To New York (from Philadelphia by rail). To New York and return (eleven days). Night steamers (except Sundays) from Light and Pratt streets, at 5 p.m. Write for di scriptive pamphlet and fishii ton. Tickets for at OFFI eta to Albany, ; Fall River, Portland, Me., a — north. adelpbia on sak ta Offices, Penusylvania avenue, and B. & CLARENCE (RIVER, Agent, 204 Light * timore. Md. ‘Jeso-32tt FOR A DAY'S OUTING RIVER VIEW. Steamer Sam'l J. Pentz DAILY at 10 a.m., and 6:45 p.m. Sundcys at 11 am, 2:45, and 6:15 p.m. PERSONALLY CONDUCTED TRIPS Every SUNDAY, WEDNESDAY and SATURDAY. ‘Dancing Gay and evening except Sunday. Sunday concert by River View Orchestra, Chris, Arth, jr., leader. Family Day Every Saturday. Tickets, 10c. to all on 10 a.m. and 2:15 p.m, trh ae E. 8. RANDALL, Proprietor, A few choice days still open for charter. Je27-B0tt For Arlington, Fort fiyer _ and Falis Church--Take~ the F st. or Penn. ave. cars — and the, clectric cars at Aqueduct bridge, estes & VWy2shington Steamboat Co. Fete