Evening star. [volume] (Washington, D.C.) 1854-1972, 1872-05-15
Hoard 0f Health.


evening and Mr.. Msrbury presented bill of y.
III. Miller for advertising, which he said was not
authorized; and meyed II De returned TO MT.
paid; agreed to-
A communication was received from Mrs
Myers asking that the money be refunded which
was paid for getting her cows from the pound,
they having been taken up while being driven
from a spring. Mr.. Marbury presented a petit
ton from Mrs Jones, of Georgetown, making q
similar complaint, and he related th0t the cows
in this case were taken from a small boy soon
as he let them out from pasture to drive home.
he did not blame the poundmaster, but thought
his employees were unfit for the business. DR.
Bliss said there were innumerable complaints
about the manner the parties took up amin AIS.
He did not believe the trouble would cease until
they made the law explicit and prohibited the
herding of cattle. DIR. Cox stated that one of the
IouEdmasters had called on him and said that
he had been fined; that he had no counsel; and
that the court had remarked that they would be
fined whenever they were brought ap on a sim
liar charge. DIR. Verdi said as the law was now
the poundmen would be convicted every time
they were arraigned. The words used in the law
running at large is a legal term and the
courts. both in this country and Europe, have
decided that the term embraces animals beyond
the control of a keeper.
Communications were also received. COM
planning that the pound meu had maitreated a
goat, and that they had taken two horses from a
stable door. Also, one calling attention TO wO-
men who station themselves daily near It'll street
bridge with dragged babies in their arms, for
the purpose OF soliciting aims, and asking the
board to examine into the matter. All of the
above petitions and communications were re-
feTred.
A communication was received from a woman
asking that she be allowed TO Craze her COWS on
unoccupied grounds, IN charge OF a man. Mr.
LangstOn moved that the president answer the
party, and state that the board never claimed,
nor does IL claim, power to confer such author
ity. This motion was discussed for some time
DR.. Bliss urged that pound men should receive
explicit instructions. Sir. LangstoR said the
pound men had no authority to take UP animals
In charge OF persons on the commons, but the
law contemplated animals at large only. He
had report soon to make, in which the duties
OF the pound men would be specifically defined.
THE motion was adopted.
Communication was received from Mr.. y.
II. 6lackfan, asking if something could not be
done so that garbage would be IT moved ottener
than once per week. which was referred Mr..
arbury said he had made some inqaires and
found that this garbage man had some 1. $50
houses in his district, and ii was impossible to
visit them as often as necessary, He was glad
that there were SO many members of the House
OF Delegates present, and he hoped that they
would see the necessity of increasing the num-
Der OF collectors OF garbage.
recess was keTs taken, and the board held a
Messrs. Campbell, Murray, Brown. Carroll and
Piper, of the House of Delegates, which was
continued until near midnight.
THE COURTS.
COURT IN GENERAL TERN.-This morning.
in THIS court, Chief Justice Cartier delivered
agt. 500 tons of coal, decreeing that demurrage
slCl should be paid the libellant, and said they
based their Judgment on number Of decisions,
one in a case precisely similar, in which the
doctrine is held that the consig nee should fur
nish wharf at which the vessel can discharge
cargo.
Tie case of G. G. Wilson, for use of II. S.
johnson, agt. corporation OF Washington was
argued by MIR. Cook for the corporation and
Messrs. MeTrick and Miller for plaintiff. VIII
son in 1SCs and 1859 had a contract with the cor
MOI 6tvi hfnI ina Unl,
him - ,065, and Wilson signed two orders on p
III. Donegan for the delivery of flag ying bills TO
the amount loaned. johnson subsequently
called on the Mayor for payment, and was an
swered that after the wOrkmen or labOrers of
Mr.. Wilson were paid the orders would be paid
as testified by some, while Mr.. Bowen testified
that he promised latter the laborers were
paid whatever remained Mr.. Wilson could
then dispose of as he thought proper"
The amount sued for was g, 065, and verd ct
was given for that amount. There were nine
bills OF exception taken on the trial below, and
ON these the case comes up. Among the points
made by the corporation are the following: The
mayor or chief officer of a municipal CORPORA
ton cannot by his promise, either oral or writ
ten, bind il TO pay the debt of third person;
the contract was entire and could not be cut up
or divided so he can bring separate suits for
parts of the work; and they contend that the
verdict was ,eronOus to the amount of 81 OBS
a.; and further. the whole amount due WAS paid
the labOrers, who received CO cents in the dollar
Also, that several of the jurors were incompe-
She appellee (Johnson) denies that the un.
dertakIng was 10 pay the debt of a third party
but the debt OF the corporation, as directed bya
creditor; claims that il is sufic ent in a dec,ar
alton to state the substance and legal effect of
contract; that the promise of the MAYOR to nav
the amounts claimed by johnson, latter the
worhmen were paid" was not the statement of
a condition precedent, but merely a limitation
OF the extent OF his undertaking; the promis to
Wilson, on which the suit was brought, was alb
solIte, and the conditional assent of the mayor
~ T.ka. 4
forth in the declaration, as it only effected the
remedy of the plaintiff. and did not create anv
new obligation; and as to the incompetency OF
the jury there was no evidence before the court
and the bill OF exceptions was not signed.
CIRCUIT COURT, Judge MdcA rtaur.-To- day
Trunnell agt. Reside; Judgment confessed
Foley agt. Clagett; dismissed. Brown agt.
Florence; DO: Harris agt. Gates; do. Mackall
POLICE Court, To-Day, Judge SasH.-On
the opening OF the court this morning, Judge
Smell remarked that some of the newspapers
had stated that the woman, Layinia jenkins,
who was murdered By her husband yesterday
had applied to the police court for peace war
rant against her husband, and that it had been
refused. The facts were that she had applied to
Justice Smith for a warrant, and obtained one,
and RoIte prOsequt had afterwards been entered
by District Attorney Gloss on the ground that
there were not sufficient grounds to convict
the threats complained Of being conditional.
IL Is well known that complaints are almost
daily made which are too trivial to notice. and
warrants are often denied after careful inquiry
into the facts The officers should see to it that
no one is denied warrants when there is good
cause for complaint. j. Quirk, a vagrant was
sent to the workhouse. Marion Milburn, drunk
and diSorderly; fined IS. James U'Donneli and
Patrick Haggerty, loud and boisterous Ian
guage; fined IS each. John Cumberland
charged with selling fish without license; con
tinued. Mary Buckley, drunk and profane on
18th street; fined So Michael Denison, a va
grant, was sent TO the farm. j. b. Kessler
charged with erecting a wooden building within
twenty-four feet of brick structure. Mr..
kessler produced a permit from the board OF
public works for such privilege. Attorney Mil
Ter said 1t was question whether the board OF
public works had the power to grant such per
mits without special legislation. Case contIn-
ued. Mack Noble, charged with using profan.
language on the street; fined S3. Elizabeth
Gridley, profane and indecent language; fined
50. Thomas Fitzpatrick, charged with indie
cent exposure; continued. George Withers
assault and battery on Clinton Nichols, cart
driver, by throwing stones at him, knocking
him senseless; fined so and costs. VIM. III. Cole
assault on Fanny Cole, his wife, fined $40
Nettie Burke was put under $500 bonds to keen
the peace towards fellow inmate Of a house of
prostitution. Maggie Brown, colored, larceny
OF S4o from companion named Rosa Miller;
sent TO grand jury. Sarah McIlvane, assault on
Mrs. Wood. This affair grew out OF a quarrel
between some little children, and Mrs. Wood re-
ceiyed a terrible cut lengthwise OF her right arm
a "a Ia INIT fha l.nv. d. - Co.