Evening star. [volume] (Washington, D.C.) 1854-1972, 1872-02-24


ing the decision of the court below, dismissing
the bill.
green agt. Green. Judge Humphreys de-
decision below in granting an injunction and
making that in junction perpetual.
THE PATENT AGENTS cAsR.
Judge Humphreys also delivered the opinion
of the court in the case of Alexander ct al.
agt. District of Columbia In this case the
plaintiffs seek TO enjoin defendant from collect
ing from then license tax as patent agents.
fun, complete and adequate remedy for a mere
trespsss; and the collection OF tax illegally as.
sessed is a trespass, and the known remedies at
law have been held sufficient to protect the tax
payer. single action at law would
test the question OF the right of the government
to the tax, and il the tax Is illegal 1t would be .
from the ofscer collectively. As IL is shown that
complainants have Q full, complete and ade-
quate reEedy at la~ for all alleged grievances
them i'm all their rights duty de mands the to re-
msnd complainsuts to the court OF law for re-
dress. The decree below is reversed, the in
Junction dissolved and bill dismissed.
Judge Cartier cOncurred, and said that he did
not see why tis class of persons should be ex-
eNpted more than another. The national and
state governments had from time immemorIal
claimed ane asserted the right TO tax the pro-
LESSONS.
Judge Macarthur in addition said the Dis
trict government clearly had the power to levy
the tax complained OF under the organic act.
Much he'd been said in the argument as to this
class of persons being government instrument
talities. He regarded every inhabitant OF the
country as a government instumentalit and If
persons were to be exempted from taxation be-
cause their business brought them in contact
with the government there would be nc taxes.
Judge olin dissented from the opinion
ton prevented any one coming here and appear
ing before a department Of the government.
This act was simply ievying black mail upon
persons who come here in the prosecution of
business. If they had this right why not require
a One-legged wOOd-sawyer to procure q license,
and were John Bunyon living they would not
had the right to impose a license they had the
power to make the amount what they pleased.
II this kind legislation goes on much longer the
seat of government he feared would be moved
TO Keokuk, Madagascar, or some where else, He
place his dissent on broader grounds than did
Judge Wyie, for he held the law to be void.
Judge Wylie stated that he had given a writ
ten opinion when he issued the injunction briefly
reviewed that opinion
CsNYIsCATIoN.
Judge Wylie announced the opinion of the
Court in the case of the United States against j.
j. Warning, (confscation,) reversing the Court
below.
THE KENpIe CASE.
Judge Wylie also delivered the opinion of the
Court in the case of s. b. Kendig, tconyicted of
Chief Justice.
Judge DIN in the case of Fitzgerald against
Fitzgerald, delivered the opinion of the Court,
reversing partially the order below.
Chief Justice Cartier delivered the opinion of
the Court in the case of Supplee against Bohrer,
reversing the Judgment below.
The Chief Justice also delivered the opinion
in the case OF Halves against Wilson, demanding
the case to the Court below.
Judge Cartier also delivered the opinion of the
Court in the case Of Byrne against King and son,
(ejectment.) Judgment below aft rmed.
Judge Cartier delivered the opinion of the
Court in the case Of the estate of Horatio Ames,
reversing the Judgment OF the Probate Court in
vacating the letters of administration issued to
the widow and Cunningham Hazlett. An ap-
peal was entered.
Judge wylie dissented, saying that the claim
ON the government was not to be regarded as
local assets.
THE BANK-BooK CASE.
Judge DIN delivered the opinion of the Court
in the case OF Gardner agt. Freedmen's Bank,
sustaining the judgment of the Court below
The Court held that the possession of a pass
book did ehtitle the party to draw money from
CASE OF W. b. STOKES
Mr.. Riddle said, in the case Of United States
agt. W. b. Stokes, he would be content that the
appeal be returned az dismissed.
The court adjourned to Saturday next for the
purpose Of signing DEGREES only.
POLICE COURT, Judge Saeu.-To-day, VIM.
Coleman, cOlored, larceny OF bacon valued at
s.; sent to reform school during minority. Jas.
Cook, colored, attempt to commit rape on
Emma BoegehOltz; s. 900 bonds for grand jury;
committed. Thos. Williams, larceny of various
articles of jewelry, clothing, &c. Detective
of the articles; sent TO the grand jury the value
being above $50. Charles II. Williams, charged
with eursing on the streets; fined s.. james
Smith, assault and battery on his wife, Ann
Smith; $500 bonds to keep the peace. Thomas
Contee, charged with assault and battery on
Henry White; fined IS. George Slagel, cursing
offence in Fighting Alley; fined s. George
Graves, vagrant, was sent to the workhouse in
default OF security. Nicholas BOrland, a COL
oIed man, charged with larceny of a coat, worth
= IN md nfh arfir FROM
Detective McDevitt recovered the coat from a
pawn shop, and arrested Nick with the pawn
check in his possession. He was taken to the
pawn broker, who recognized him as the one
who spouted the coat; fined $50, or three months
IN jail. James Leonard, assault and battery on
Charles ". Dade with pop bottle. which was
smashed up over Dades head; fined So.
BURGLARY.
Frank Harris, col0red, charged with bur
glsriously entering the house of Daniel A. Bros
nan, and taking articles Of jewelry valued at So
was committed for action Of the grand jury.
COAL THIEVES.
VIM. II. Whelan and Oliver Dorsey, the former
an OLD colored man and the latter small boy
about six years OF age, charged with stealing
coal from the yard OF a gentleman in George
town. This offense had been committed so often
that they were not to be excused any longer.
Whelan was fined IS and Dorsey dismissed.
CRUEL.
Charles Mitchell and George Davis charged
with an assault and battery ON Ida Mitchell, an
Georgs. The assault was rather cruel, in con-
sideraton OF the fact that Ida s in feeble health
and has young infant in her arms. Mitchell
was fined SIS and costs, and in default co DAYS in
Jail, and Davis was dismissed.
THE RING.
Alfred Snowden pleaded guilty to stealing q
gold ring valued at So from j. A. Berger a
matchmaker on It'll street. The Testimony
showed that Snowden went into the store under
the preteNt of wishing to purchase a ring and
took advantage of the temporary absence of the
prOprletOr a hptyx csl,i
and neck. The act was noticed by a clerk, and
the judge fined Snowden s15 and costs
POWERS OF THE BOARD OF HEALTH
In the case of the United States against Ben
Jamin Tiley, charged by the Board of Health
with maintaining nuisance in keeping some
wooden tenement houses on sd street in a filthy
condition by overcrowding with poor families.
Judge Smell decided that the Board of Health
had no power TO require the premises to be pulled
down according TO the terms of their notice TO
Iilley, stating that the law prescribes suitable
manner of procedure by the board in such
cases. The board has power to abste nusances.
nut not IN the manner proposed In the notice
lie lined Tiiley 81, and ordered the abatement
OF the nuisance by reduction Of the number of
tenants and thorough publication of the prem
lses IN manner satisfactory to the Board of
Health, not extending TO removal or demolition
Of the buildings. Recess.
PRESERVING BLOCKS FOR WOODEN PAVE
ms linz NJ D..