Evening star. [volume] (Washington, D.C.) 1854-1972, 1871-02-24
An Interesting CASE.

barlow's Gallery of OIL Paintings, 1896 PENN
.ySsn-a aNenue-Church's picture, Niagara
~ Moonlight"
An Interesting case.
lac tif,t q u. Er-Eirea.a against the Cooperation
81 HGStiHgt0H-Judgal.at dgdi1sf Ne CITY.
CIRCUIT COURT, Caief JHSli,s CGrtter,-To-
Gay in this court the case OF Dsnt against the
Corporation WAS ia ken up, Msssrs. Cook, Fish
eE, and Riddle for the PLAINTIFF and FOsten for
the Corporation. Plaintiff was a member OF
the ire department, and was last July removed
from lis position with others. Sabseq ue ntly
he saed the Cooperation for lbs salary Tor the
fan month. and Judgment was given against
the Corporation for the fall amOa 1T by Justice
Weaver, and Mir. T0tten, the Corporation At
te-rey appealing from the judmento OF the justice
the case came mp 10 this court. Most of the
facts were agreed upOn in this case and the
principal pOints-that the commissioners by
whom The Temov al was made at that time were
not commissioners, a confir nation by the Board
OF Aldermen being necessary. AMI that the
removal WAS not legal. for plaintiff was given
Nc trlal, nor was there any record or charges
against him were argued at length By the
counsel, a. also the point that the court had no
jurisdiction in the case.
J3tge Cartier, after the argum ent. rem ar ksi
tia tins ease intended as a test case for
thirty or forty others. and as presented showed
that plaintiff was appointed and act2d as fire.
1au IN July, under the provisions or the 4th
section Of the act o. ganiZing paid fire depart-
Enen-, which section provides that the cOulmis-
tiCEers shall appoint suitable persons TO per-
form the duties of fremen, except the chief
good behavior. Under thiS section plaintiff
was, on the 18th OF July, a freman. The OBJ
lection Is made that he cannot recover from
the 18Th OF July. Tor the a<ou that he was re-
moved. Ii he was legally removed he Is not en-
hfled to recover and question is, was he removed
according 70 law. III the commissioners were
aEttOTlZed 10 remove in this manner there was
end 20 the case II is claimed that no legal
commissioners ever acted, that nsither OF the
four commissioners nominated to the Board of
Aldermen had al that time been confirmed.
lie la provides that the aDD0in&mep hall
De made "with the consent of the Board OF
Aldermen under the provisions of that law the
Aldermen acted, confirming two and reject
ing Two OF those nominated. Did these
now constitute the Beard OF Fire Commits
S0DtFs under the law? He held that thew
we're rot appointed according to The term. Of
the is'afute, bnt we're simply nominated. The
argument ON behalf of the city comedies the
citizens cannot assume she functions of orice
and exercise the authority of Office in this man
ner without being properly appointed. for IN
MS were allowed All would be officers. These
parties assumed 20 exercise the functions of the
efnee 20 which they had been nominated
10 the creating power; and he did not
discover that they were officers de facto
or q, JET> Again it was urged that plaintif
and others were removed for cause
The record only shows that they were remoyed
Ire counsel had argued that the cause NAV be
Hfe>Oheu, and he was willing TO apply pre-
sumption 10 this case. The record shows that
forty men were removed bv q single dash OF
the pen, and the whole looks ike one OF the
SQUADS or tornsdos incident 90 the scramble for
once which took place annually in our CITY, His
Irp, on IVES that the commissioners did no; a,.
on ffe rsr,,. or dement's OF the parties. Ii
trey did inquire In anu soJh.heate the cases
OF the members of III. department. the court
would have no juris,fctior. ~ seemed how
ever. that they did not; and the rem al Wa
made without gu thorIty OF Justification.
In conclusion, he said: - I regret the neees-
sity that brings me 10 this conclusion, for this
poor city, in the incessant scramble for power
and place, has been denuded OF its flesh EntiI
you can see every bone in its body. And if there
conflict for place, which instead of benefitting
oar population keeps it all the tine IN tur.
mol, ard ii the court had power TO DO it. it
would Issue a mandate to that effect.
He instructed the Jury TO bring in a verde.
TOT one months pay, with the understanding
that n he had been paid for one-half month
ns. amount To,la be RENTED, and the verdict
c0gTt. "a '"s
MARCH Term OF TIE CRIMINAL COUR--
BTc,riHg If Groifd and Ps'it JIsrOrs.-The follow
ing is a LIST or grand and petit jurors drawn TO-
iav for the March term OF the Criminal Court:
D,raad yaTg--Wm. Barker, Georg stown; James
n W Gi'S Cha. r. cca5rcS III .s!i' Iobs W
Freeman Sd ward, Vim. ID. Ii. Brown, ID ward;
Joseph Carter, eth ward; Robert McChesney,
county; Prank Lee, GeoT getown; VIM. Versble,
N.
a. Davis. 9TH ward, James A. Poikaty. ri
ward; Christian Rupert, "a ward; VIM. h.
CovIngton. 9Th ward; z. Il. Griffin, county;
Philip A. SeIlhausen. I'd ward: Donald McCath-
rsp, 9th ward; Martin Cronin. 18th ward; Francis
Cage, Georgetown; John Il. e. Brown, eth
sATd; Waiter b. Pomeroy, Georgetown; T.. f.
i.iED, Georgetown.
Tst' Jurg- Charles Gates, Georgetown:
Frederick StUtz, I'd ward; r. Schneider, lst
ward; Luke Madison, 3th ward; III. /. Gregory,
IN ward, A. p. Snyder. III ward; Gesrge
town, Charles A. Trnnnell. GeorgetOwn:
John l.. Nogt, I'd ward; X. A. Moore. 81 ward;
Thomas Hyde, Georgetown; James Smith, Sd
ward; X. A. GOldiD, eth ward; Stephen b.
Plumsil. 5th ward; Thomas Powers I'd ward;
JAS. Rhodes. 9Th ward; Edward Cant, ist ward;
w. III. Brown, ST., 9Th ward George W. Hattop,
Richards. eth ward: VIM. Price. 9Th ward:
ATmstead Reed, "a ward; Philip Nav, comfy:
David y jackson, Ist ward.
TIE BOARD oP METROPOLITAN PoLrcR-At
lie meeting Of the board yesterday. Il. HI. Cook
was appointed an additional private to do duty
at the Department of Agriculture for six
months The resignation OF Private p y.
McChesIey was received and accepted. The
application of VIM. A. Rabbit for liquor license
was rejected. Acting Sergeant r.. II. Iarabee
promoted 10 ser seant vice Thomas Caya-
Gagh, resigned Private John Painter was
promoted 70 acting sergeant. John X. Cook
was appointed private, vice p. ". McCheSney,
resigned. Adolph Miller was appointed a pri,
NOTED.
ATTENPT To Poison FANILY.-Dn Thurs
day night Of lat week the dwelling house of w
p Rydent, No. 500 street. ;. W, was entered
and the premises ranSscked. Nothing was
pissed, but upon Investigation IL was found that
a strange looking substance had been put INTO
the culinary vessels about the kitchen and IN
The articles OF food which were accessible A
physician was called in. and after examine
ton, advised the family 10 throw away every
thing about the place Of an eatable nature and
make thorough cleansing Of the dishes a. he
beIeyed An attempt had been IA ade 10 poison
the family.
TER THBATERs.-Nrs. ID. p. Bowers will An
lear &C the National Theater this evening for
her benefit, in EAST Lynne" q play which
always draws, rain or shine, even when the
leading character has. not such q talented expo
Bent a. Mrs. d.
The Lingsra company have made a great hit
W their capital acting OF standard comedies
ths week, al Wallis Opera House There ia a
bEshd new hill to-night-the comedies OF the
Captaln OF the Wareh" and Naval Engage
ments' viii be the attraction
BOLD ATTKNPT AT BUReLkRy-Aba,t 2.GA
a m. yesterday morning As Nrs. T. 2, Hoimes
who resides az No. q III street " w wa. wait
ing on her sick child she heard a noise AT tba
back shutter and upon giving the alarm two