Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-08-28
The Canal Wharfage Case.

against thornton Smith 70 recover s7s for
wharfage on the canal, which was tried on
MONDAY last, when Mr. w. A. Cook, Corpora
uon Attorney, prosecuted the case and s. l.
" alker appeared for the defence. giving ludg-
lows:
Mayor, Board Of Aldermen ard Board Of CON-
mon Council Of The city Of Washington against
IhorF'tOn Smith. At law, No. H9 Action 10 re-
cover SIS for wharfage. The plaintiffs in this
action allege that there is due from The defend
ant Inc sum OF Sc for wharfage on the WASH
lngton canal, and base their claim under the
provisions of the act Of Congress OF May 3, ls3l
Inc defendant, for answer, denies the right
OF the plaintiffs TO recover, and further alleges
that If they ever had a right TO collect wharf
age on goods landed on the canal that they
nave forfeited the same by failing TO keep the
said canal in such order and condition as pro-
vlded by the act OF May 8. 1882.
The Act approved May 3lst, 1892, "yestine in
the Corporation of the City of Washington, all
the rights OF the Washington Canal Company,
and Tor ether purposes" while comforting GER
tam rights and privileges upon the Corpora.
non. also imposes obligatory duties upon them
the second section provides that "the said canaJ
throughout ITS tchoie length and breadth dforesa,d
shGH hace depth Of at least four feet ,oaier at al
times"
In consideration of the expenses which
nave been and will be made
and Will be incurred in finishing the
SAID canal and basins, section two authorizes
the mayor &c. to demand and receive wharf
age, on all articles and materials landed on
the side of the same, and tolls for articles car
RED along the said canal
Section seven, after providing that the Nav
or, &c, shall not begin to collect wharfage or
tolls until the said canal and works have been
wholly completed accoI ding to the provisions
OF the act, In the opinion of the Secretary of
the Treasury of the United States for the lime
being, who was authorized and REQUIRED To
give his certificate thereof whenever in his
opinion the same was completed, and deposit
ing the same with the Clerk of the CIrcuit
washington
thoriZes the Mayor, &c, TO commence the col.
lection of the said wharfage and tolls, and such
a right TO collect the said rates of toll and
wharfage shall cease whenever the said canal
shall be so out of repair to impede the free
and convenient use thereof by vessels or craft
drawing four feet of water, so long as the sam
shall so remain out Of repair or Obstructsd
In the case Of a condition precedent: that is.
when an act is to be performed by the plain
THIS JJOre the accruing Of the defendants La
bility, the plaintiffs must prove their perform
ance OF such condition. So that if a party
is entitled TO receive, under a contract a proft
from another, by his own act fails to adbere to
the covenants OF that contract, he vacates his
whole claim.
The witness tor the plaintiffs, Henry SOM.
mers, the Canal Commissioner, testifes thar
the water in the canal at low tide in many
places. is not six inches deep, while in some
parts thereof, the bottom is uncovered
The plaintiffs having failed to comply with
the requirements OF the act of May 3lst, 1882
have forfeited their rights conferred therein
and cannot recover Judgment: that plalntins
pay defendants cost, Sl9h.
JIG. CLARK, J.P.
CoLoERD MAN DRowNRD-Foul PLry SIS.
pected.-Last night a sudden disappearance
took place at Fishtown, which led before mid
nigot to rumoIs of foul play. negro named
jackson and Ned Horton, the Lynchburg dar-
who was recently released from confinement
on a charge of robbing the Adams EXPRESS
Company, started from Armstrong; dock.
near fish wharf, in a boat to go after wood
h.ap nah hut GhArt
Jackson came back in the boat without any
wood and alone. Upon being questioned nv
Capt. Hewett, who saw both the departure and
return, as to the whereabouts of his comrade,
he SAID that Horton in trying to Iump on the
opposite wharf had missed his aim, fell into
the river and been drowned. As Captain
Hewett heard no cries tor help, or spIashing
OF the water, he had some suspicion that Hor
ton had been foully dealt with. the more espec-
tally of late he has not been in GOOD 0dor
with his associates. Up to o'clock this morn
log no arrest had been made.-AIezdndia Gam,
mercidI today.
A WAsHINGToNIAN ASSAULTED IN BALTr
MORE.-We regret to learn that Mr. Washing
ton Goodrich, formerly member of the de-
tecnVe force OF this city. was attacked last
night on Fayette street, near Calvert street in
Baltimore. by Ned Fleming and two others,
and severely beaten over the head HIS wounds
We're dressed by DR.. Spence. Edward Fleming
was soon after arrested by Sergeant Morgan on
me charge OF being one of the parties, and was
I released on sl0o security to await an examina-
uou To-Day. The affair is represented TO have
grown out OF family dispute
SERIOUS ACCIDENT To BROTHER OF Dr.
MUDD.-1esterday morning, while Mr. James
Mudd, "a brother of DIR. Samuel Mudd, now
and three years past confined in the Dry
Tortugas,l OF Bryantown, Charles County,
Md, WIS leading one of his horses through the
pasture, the animal tripped and fell with Ali
his weight upon Mr.. NJ, knoc king him down
and breaking one of his legs. He was taken TO
his residence, near by, and DR. Bowman sent
for, no dressed his wounds, and administered
all the aid within his power.
REAL ESTATE SALES The following sales
have been made by Mr.. John X. Arrison real
estate agent: : lots in subdivision Of square
$50 for $1,000; 5 lots in square 81 for S6,0lJ
lots in square 991 for $3.50; lot in square 79I
for siS2; lot on q street south, between Sec
ond and Third streets east, for $500; lot on
Fourth street east. between North Carolina
avenue and ID street south, for $50.
The "TAZzA" for the fountain, which Is TO
be placed in the court in the north front Of the
Treasury building, was yesterday moved TO the
front Of the building, where a photograph was
taken yesterday afternoon. The stoneI IS cut in
the shape of an immense bowl of graceful ont
lines. 1t is twelve feet in diameter, standing
five feet in height, dished ten inches on top.
Observation-Disclosures has reached here of the
death by hanging, near MilicaL, Texas, on the
10th of last June, OF Wheelock H. Upton SON
OF Edward +. Upton, formerly of Upton's
Hill, near Alexandria, Va He was arrested
by the county officers on the charge of stealing
cattle, but mob took him out of the hands OF
the civil authorities and hung him from a
tree.
To he Editor Of the Erening Star: Your last
evenings issue contains a communication over
the signature of VIM. b. Slower, ITO Pennsyl.
yania avenue, from which extract the follow
ing: s1f he q. II. Crane) be the party alluded
to, his conversion TO the principles he so loudly
advocates is of recent a date that simply
their advocacy would seem more becoming in
him than his violent attack upon parties whose
consistent course needs no defence and de-
fies the severest criticism" Gas 10 his uues-
ton why Mr.. Larman does not do thus and So
L can only state that believe he is better quail
fled to extend n sympathy to one who believes
II necessity TO seemingly change his views,
than am, he having had experience In that
line which never had. -
call upon Mr. VIM. Il. Slower to state when
and where L have ever gone back upon the
principles advocate, or have ever been any,
thing else but an uncompromising Abolitionist
III have ever voted with the enemies of Re-
publicanIsm, las he insinuates) or engaged in
political huckstering with any party or parties,
or upheld slavery, or prejudice against color,
III any way, either in church or state, during
my entire llfe let him state when and where
Ii seems from MIR. Slowen's communication
that Mr.. LaTman 'belIeyes it to be a necessity
10 Seemingly change his views" So 1t seems
after having voted steadily with the Democrats
Tor two months he (Mr. Larman) has oniy
DtiD1Iu char 0pd his yipws.D and Mr. WV,