Evening star. [volume] (Washington, D.C.) 1854-1972, 1857-04-20

Carol ejectment cases were continued over until
to-day. .,
The Court then took up the case Of the Corpo-
ration rs George Parker. who appealed from a
decision Of Justice Morsell Maury for Corpora
ton; Wharton and Darlington for defence.
Mr.. Maury stated to the Court that the original
Judgment was founded on a warrant against Geo
Parker for keeping acommon gambling house fo
the purpose Of playing game called Faro, and
was decided against him with full amount OF hn'
and costs Of trial
Mr. Wharton for the defence, proposed to show
that the decision was invalid for the reason tina
Justice Morsell was not legally appointed OH
Ger Of the Corporation; he claimed that the po
lice magistrates must be nominated by the Mayor
and confirmed by the Board of Aldermen, quoting
from the charter to establish his point.
Mr. Maury, on the other side, commended thar u
the Corporate authorities had the power to create
laws they had the power to appoint all the ofhceIs
necessary to their proper execution BY the aHehu
Inent Of 1913 to the Charter it was claimed una,
the Corporation had the right to select lis own
officers
The Court gave its decision in favor OF me aP,
Pellant, deciding that the manner IN wneu Ien,sd
Magistrates have hitherto been selected ne oces
by the City Councils is illegal ana 'hi' 'He
are consequently void.
This morning the Carol ejectment case was
continued, and Judge MorseH rendeIeu VIZ "a
cision Of the ConrtuPon CERTAIN n,rnn,ions were Al
IousS and Qualifications asked by the defence
refused.
The instructions granted are Iucee.
ar the iury find from the evidence that In the
,vaar, 1esl Is3 1884 and 1895, that the lot No. 26
In square 462 in controversy In this cause was I'M
improved that the late Daniel Carroll OF Dud-
dington was then and had been for many years
If0re the owner OF aforesaid lot and that in said
wears and before the publication Of the said add
vertiSement Of sale for the taxes thereon, and on
certain other property, the said advertisement
the said CARROLL, the said Carroll resided within
the limits Of the Corporation OF Washington, on
square No. 30 and during the said years, and at
the time Of said sale. then and there owned, had
and held IN his possession, within the said limits
personal property of the value sufficient TO pay
fhe taxes due from him on the said lot No. 2b,
end on all the other property in the said adver-
tisement mentioned and offered for sale as his
property with the expenses Of such sale, and also
the expenses Of sale Of such personal property
and other incidental charges; and that such
personal property could, by reasonable dill
gence on the part Of the Collector, have been
seized and subjected TO distress and sale for
said taxes and expenses; that IL was the duty of
the Corporation, through the Collector, to resort
first TO the said personal property TO enforce the
payment Of such taxes, and II the said Corpora
Hon failed TO do then the said sale of the said
lot No. % for said tax and expenses was Illegal
and void, and passed no title in the same TO the
purchaser thereof at such sale, to the defend
ant as his assignee, and Is 10 bar to the plaintiff 3
!ight to recover in this action.
The case was submitted to the jury without ar
Cument. and the jury returned verdict FOR the
plaintiff without leaving the box, damages one
cent.
The Count then proceeded TO the consideration
Of the case Of u. Jones VS.. Ann DermOtt.
This case was pending when our report closed.
The POLICE MAGIsTRATEs.-The decision of
the Circuit Court last Saturday in the Parker
case caused considerable excitement in the police
department, and also among those who have been
fined for violations Of tho municipal laws There
i at this time but one police magistrate who Is
dAd 1apn Iltya thNri "A 20
act, during the past week, in Corporation eases
and among some OF our officials even his authority
isquestiOned. Justice Drury, OF the First Dis
tTict, was nominated st the last meeting of the
Aldermen, and his Nomination was laid over with
the others. He has given the bond required OF
police magistrates for the proper performance Of
the duties OF the office, and not being rejected he
has been acting, and will act until his is de
cided by the Aldermen; probably to- night
The question among those fined for violations
OF law Is whether they are bound TO pay those
fines now that the court has decided that the
magistrates were not legally appointed. Some OF
the magistrates contend that the only trouble will
he TO collect those Judgments now falling due
Others anticipate law suits; but who will be de-
fendants the Corporation or the officers who col
lected the fines, is vet in question
IL is believed that the Corporation Attorney
(Mr Carlisle) will be instructed to carry the case
zap 70 the Supreme Count for final adjudication
Should the decision OF the Circuit Court be sus-
tanned By the Supreme Court, the Corporation
will stand chance of being pretty heavily mulct-
tu Dv tStlODS brought against II BY parties w no
have suffered in the way Of fines and imprison-
meEts from decisions Of the magistrates now de-
elared to have been appointed illegally.
FUGITIyEs ARREsTED.-A week since, two
boys, VIM. III. Keen and VIM. H. Douglas, es-
capped from the House OF Refuge near Baltimore
They had been committed for larceny. and we.e
20 remain until - years of age On Saturday DR..
Toward OF the Institution, and Othcer Tayman
Of the detective police, arrived In this city and
making known their object (Which was TO re-
capture the iugitves, } to Captain Mills they were
introduced To police officers Tanning and Francis
Ward, and in short time the fugitives were Sc
cured IN the central guard house. The BOYS had
been lucky since their arrival in Washington one
theln having :" ktcked Deer SlOHsn and found a
purse containing 1915. Yesterday morning they
Were placed in custody of the Baltimore officers
vino returned with them TO the Institution in the
evening The boys had passed the nights in the
cars at the depot, by climbing over the fence
around the car house, so thew said The uniform
OF the Institution soon xpoSed them to the police
In search OF them Before these boys were re.
moved from the guard house they attempted to
break out Of the cell by tearing away the iron
grating in the door.
The REPORT on THE COMMERCIAL RELA.
TONS OF THE UNITED SrArEs.-We have re.
eeived the following note from the gentleman
who superintendent this valuable publication
M EG!!ach: Referring to a favorable notice OF
tae Report on Commercial Relations In the
S'ar Of Tlday last, will you pardon the sugges-
tlOh that II would be more agreeable TO the super
lniendent OF that report well as to his assist.
aht-Mr. cLaughlin-were the personal com
hienda'ions, which editorial friends are so kind
40 10 Introduce into such notices, referred to the
President and the Secretary of State 10 yvbor,
they more le5itimately belong, and under whose
authority and direction the report was prepared
April Il, lo57. EDMUND FIrca
PUBLIC Schools CONCRRr-The Concert q,
-he First and Second District Schools Is to he
lCid in the Lecture roon Of the Smithsonian e.,