The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1869-07-31

very learned production, signed by one j. d.
Adams, counsel for the plaintif'' In the
case Of II. II. Maryman We. "Thc Six Per
Cont. Building Association" recently tried
before me. In the article referred to the
writer claims or his language Is susceptible
of any meaning) that my action In setting
aside the verdict Of the jury In that case on
the ground that the jurors were Incompetent
and disqualified under he lao by reason Of
the fact that they were not "fdr pdyrsv
was unwarrantable and illegal. To support
this position he cites, In style that would
seem to Indicate that "too much learning
hath made him mad" the acts Of Congress
Of March, 1923, September "a, 1850, and the
Maryland Declaration OF Rights.
Now, neither Of these acts Of Congress,
nor the Maryland Declaration Of Rights, have
any application whatever to the point at
Issue. The reference to them Is simply an
attempt to "darken counsel by words with
out knowledge" The whole question turns
upon the act of Congress approved June 10,
1862, ne Statutes at Largo, 49, entitled
"An act providing for the selection Of Jurors
to serve In the several courts In the District
Of Columbia"
The list section of that act provides, in
express terms, that tho Jurors To serve In tho
several courts Of the District of Columbia
shall be selected from the "mdle citizens,
TAX PAYERS" residing In said District
Unless, therefore, the aforesaid J. d. Adams,
"counseP' as aforesaid, Is able to demon.
strate that magistrate's court is not q court,
the qualification Of jurors In such court must
be the same as In any other court In the Dis
trict OF Columbia. To rational mind this
would seem to be a very plain proposition.
But II Is commended by the eruihe counsel
referred to that the act Of Congress OF 1928
Is not repealed by "thc act of 1862, which
1aunaa thu Qualifications of la L.. r..
the respective courts OF this District" be-
cause tho latter "makes no reference to the
former" Has this dss-iute cxpounder OF the
ldp yet to learn that one law may repeal
another, without making any express ,mcn-
ton thereof Docs he not know that where
new statute occupies the ground of pre-
ylous one, and there Is repugnancy Of mat
ter, as In this instance, tho latter Is repealed
by Implication, at least to the extent OF the
| rcpugnancy
Furthermore, II Ia claimed by this modern
Coke, that In setting aside the verdict Of the
Jury, violated statute of Congress, be-
cause the act OF March, 1898, Is 'the only
act authorizing me to issue a Vinlrs drids to
cmpannel jury"
Apart from the Immense protiInii,y Of his
reasoning here displayed, beg leave TO sug-
gcst that the Herehleda grasp Of his ponder
Gus intellect Is surely adequate to the dis.
eoUsry OF the idea, that whilst one statute
may authorize mo to issue v,Hirs for a
Jury, another may prescribe the qualilca'
ton OF the juror.
Finally, as a complete specimen of tho
sublime literary and legal erulRioH of this
lcdrn'i Counsel for the Plaintiff" l cite
| the following paragraph HrbItim d WerlieBi,
from the production In question:
| "IVhReaseS on both sides lrcFC examined ana
after argument ny counsel reRred 10 coHsRlt.'
That Is, the CitB SS.S, after being examined
and after argument by counsel, "reiircd Il
consult" .WnbHe d'r'W So brilliant au
Idea, so htpDRJ expressed, could only ema.
nate from - g'"'1 miul.
| hava deemed 1t proper, under tn cir
cumsttnces, to say thi' much, in ordc that
the prbiit may understand the authority on
whith acte In setting aside the verdict IN
sail ease. | have written nothing with q
view to tho enlightenment of the learned
"soinsc! for the plalntiir,' being well aware
that IN cAIJark In tho discussion of a te1Il
4 Iestion with him and for his benefit would
Justly subject me 70 the charge of "edstin9
pals before sriH;."
CHARLES WALTER.
wAsHrSnToS. July 81. 1872.
BOARD OF FIRE COMMISSIONERS. - Tn,
new board of frc commissioners met at thci
rooms In the City Hall on Thursday evening
Mayor Bowen presided, aud Messrs. Good
all, King and Booker were present ,as was tn
secretary, Mr.. L. l.. Corbln.
The resignation of Thomas Elwood, fore
man Of Union engine company No. |, wa
received and accepted.
The new chief engineer presented a list o
officers and men for appointment, and askct
the board to accord him the same priyilcp q
as were accorded to his predecessor, that IL
the selection Of his men.
| The Mayor and other members did not SCI
II, and thought the board should have Tho
selection OF the men, proper weight being
given to tho recommendations of the chic
engineer.
Mr.. Cronin dlsclalmcd any intention tC
dictate, aud said he would respectfully sub
nit his list, which Is as follows:
Union, No. Nv. L. Stone, foreman;
Hurdle, engineer; John Brent, fireman; Gus
Dunbar, hostler; 7. L. Vcnabc, Daniel
Williams, W. ID. Buckley, James Raymond
Thomas Fugett and Thomas Dent ,oxtramen
W. Fisher, John Brltton, George Edwards,
John Smith, Richard Henderson and VI. II
Qulglcy, supernumcrnrlcs.
franklin, No. 2-John Dickson, foreman,
John Beckett, engineer; Frank Myers, fire.
man; Charles GottonkOing, hostlcr; John
| y. Plggott, Lemucl Wcedcn, Levi MoulIlnv.
Julius Strobe, Ed. Grinncll and John John.
son, eXtramen; Il. Williams, Samcs Gnss,
ii. Lincoln, VIM. Anderson, Joseph Lewis
and Thomas Thompson, supcrnumcrarcs.
Columbia, No. 3-Robcrt T. johnson,
ioromanj John Moore, engineer; John T..
Norris, fireman; Joseph Flynn, hostlcr; jas.
Peake, w. Wayne, Walter Nicholson, W.
IL. Better, X. w. Waters and VIM. Hicks,
cxtramen; 5. Williams, q. $. Langley, Geo
Better, d. Turner, Isaiah Washington and
Robert Adams, supernnmcrarlcs.
Hook and Ladder, No. l-Thomas sorreIl,
foreman George Smith, tllerman Samuel
Kicks, hostlcr; Robert Brown, John Fisher,
Robert johnson, William Simpson, James
i NJ. Tnllcy, and John West, cXtTamen W.
II. West, st. Clair Burnley, Cage Tarc, Thos.
Bowie, and Robert Adams, supcrnumaries.
The Mayor read letter from Colonel J.
w. Foney. testifying to the efficiency Of the
members Of No. engine company, aud sug,
costing that they be retained.
Mr.. Cronin said that he had no doubt II
Mr.. Forney had known the men of that com.
pany better, he would not have recommended
them so highly.
In answer to an inquiry, Mr.. Cronin SAID
that fully onc-half of the old members were
not on his list, and many of them he did moi
want in the department.
| The nominations were referred 10 a com
mttec consisting of Messrs. King, Goolall
and Booker, with Instructions TO report ut q
special meeting of the board.
The Chief Engineer was instructed 10 carr,
out the order of the board relative to the pur
chase Of new hose.
1t was stated that il would barely he possl
bic to place the new engine (for South Wash
lngton) In service for at least month. Adj
journcd.
PRoMoTroNs.-Thc following promotion
have been made In the Trcasurcr's Office, L
take effect on the LIST instant:
From third TO fourth class clerlSship5-Jas,
=. Waugh, William Himrood, c. l.. Jones,
John X. Croggon, A. Il. Quaifrc, Daniel
Byrnc, c. ii. Buxton, Albert Wallace, J. NJ,
Iludmet, Louis Fnlk, d. W. Harrington, II.
Dwight, Smith Ferd Weller, A. l.. Ruttor
Geo. schermerhorn, A. Zollcr, P. II. Eaton
II. A. Whitney, and II. A. Moore.
From second to third class-C. @. Weston,
j. f. Brown, c. A. Ilurlburt, La Fayettc
Myer, John S. Anderson, George II. Fox,
William F. Williams, W. d. McKeldon, and
o. A. Pennoycr.
From first To secon ciass-AleXander Din.
bant, $. l.. Sta Icy, Samuel Wallace, W. II.
King, Patrick Byrne, Thomas IL. Byrnes
Jonathan Wright, j. Sehmidbergor, and
Dennis Coughln.
This following were promoted from messen,