National Republican. (Washington City (D.C.)) 1872-1888, 1874-05-02

house had spoken In opposition 10 aoJournment,
and It was well known that the Council could not
adjourn without their cooperation.
At s2S O'Clock, on motion of MI. Gedney, the
Council adjourned.
| HOUSE OF DELEGATES.
The House was called to order at the usual
hour by the Speaker and the proceedings opened
with prayer by the Chaplain. so
Mr.. Berry introduced the petition Of Peter
lO'Donoho. Referred to the Committee on
Claims
Mr.. Underwood introduced the petition Of E. Y
Emerson Referred to Committee on Claims.
Mr.. Urell introduced the following:
Resolved That the Governor be, and is here
by respectfully requested to inform this House by
what authority the Baltimore and Ohio Railroad
Company have laid track along street north
and If the same cannot be removed from said
street and streets adjacent thereto 70 improve
their property, which Is now retarded by said
railroad.
| Adopted.
| Mr. Bursley introduced the following:
1 Resolved That the Committee on Indebtedness
of the District be instructed to use all the means
In its power to ascertain the actual amount Of the
debt Of the District Of Cclunbiai to ascertain
whether or interest has been paid on the forms
| OF Indebtedness known as "sewer certificates"
and Improvement bonds" and how large an ap-
preparation will be required for the payment Of
Interest on the District debt In the ensuing fiscal
Re.olrsd, That all District officers be requested
to aid the committee in every way IN their gowss.
foregoing resolutions.
Mr. Brewer introduced petition Of ]. II. Mer-
riI, asking for the refunding Of tar enormously
levied and paid by him. Referred to the Commit
tee on Drainage and Distribution OF Water.
Mr. Boswell introduced the following:
Pe,olred That the Committee on Police be and
they are hereby Instructed to inquire into the
facts attending the arrest OF one Benton" and
the cause Of the escape Of certain unknown parties
once Of the United States District Attorney, and
to summons such witnesses as may be necessary.
Laid over.
Mr. Brooks asked to be excused from serving as
chairman Of the Committee on District Officers,
and Mr.. Dyer was appointed in his place.
Mr. Bursley called up his resolution in regard
to the appointment Of special committee to con-
slider the "sewer bill, and, after debate and
amendment, It was adopted as followsi -
Whereas 1t has been found that the collection
Of taxes under the act known a. the "Generai
Sewerage bill" applies unequally to taxpayers In
the District Of Columbia, aud In some portions OF
the District will result In the virtual confscation
And wherea, it is provided BY Law that the Leg
islative Assembly shall impose no higher tax than
two dollars in the hundred on the taxable prop
erty in said District and 1t Is believed by many
that said sewerage bill violates such provision Of
Resoired. That Q special committee of Eve mem
| bers be appointed by the Speakef who shall re-
port to this House what action II is advisable for
the Leglsiatlve Assemgly 70 tsKe IN Ine RIemises.
requested to postpone the issue Of certificates
tive Assembly have made final disposition Of
the matter in question.
The vote was is 70 2, Messrs. Cox and Dyer vot-
ing in the negative.
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CHIEF Justice Cartier and justices Olin, Hum
phreys and Macarthur sat yesterday and were en-
gagged as follows:
| Andrew Noerr ana Jonn y. Butler executors,
&C., OF SOPHIA L Coltman, Va. Charles J. Brewer
This is an action Oh repleVn brought by the plain
tins to recover possession Of certain United States
bonds Of the par value Of 200, claimed as the
property OF their .testatrix. The plaintiffs are
executors OF the last VIII and testament OF Sophia
Celtman, and as trustees for religious society
reslduary egatess ct the estate Of their tesla
trix Upon the trial o. this cause the counsel for
plaintns gave In evidence 10 the Jury the last
VIII OF SOPHIA Coltman and the verbal admissions
and statements Oh tne DEFENDANT, tnst me- the de-
fendant' had the said bonds, and that they were
given to him by the said sophia Coltman, during
her last llhess on tne ON Jay OF reoruary, ISL.
anu the eouhsei ior 'ne ueienuAnt gave e'ioence
tenoing 70 prove the intenlion OF tne sala testa-
INK sophia Ootman, as expressed ny her prior
10 the sth OF feoruary NIL 10 make the SAID gilt
to the defendant, and evidence tending to prove
that on the sth OF February. ISL, the testatrix
did hand to the defendant, IN her room package
or envelope. Inc eounsei ior the oeienoant then
requested the justice pfeslung 70 require the de-
iendant 10 testiiy Is 70 TRANSACTION with the
plaintin s testetrix on tine said sth OF February,
lSl, Whicn SAID justice refused TO 90. Where
upon the counsel Tor defendant onered the defend
ant rs witness, and he having been duly sworn,
the counsel offered to prove by the said witness
what occurred between himself and the said Tesla
trix, sophia Coltman, on the said sth day Of Feb
ruary, 1871. with relation TO the said bonds in con-
troyersy, and thereupon the counsel for the plain
tins, waiying objection to the form OF the offer,
interposed and insisted that tho said witness was
not competent TO testify as TO any transactions be-
tween himself and the PLAINTIFF testatrix, and
prayed the justice to refuse to allow the said wit
ness to testify thereto, and the justice did refuse
to allow the witness p testify thereto, and the
Case was submitted by the justice to the jury who
found 9 verdict against the defendant. Where
upon the counsel for the defendant excepted TO
the ruling Of the justice, and the case comes up
now on appeal.
Mr.. ]. q. Payne commended that the court erred
In refusing TO allow the defendant to testify,
showing that the act OF Congress approved July
= iso4 PROVIDES "that upon the trial OF any issue
orIea OF otnei pfoceeoing 10 any court OF justice
IN tne District OF Columbia the parties thereto
are competent anu compensate to give evidence
oiea ooee or oy aeposilon, &C. Us Stat. at Large,
S'4.)
In the civil appropriation bill passed by the
same Congress 1t Is provided "that in the courts
OF tine United states there shall be no exclusion
OF any witness on account Of color, nor In civil
actions because ne Is patty to or interested In
the issue trieo. us Stat at Large, aell
On the ID OF March, 1888, this act was amended
oy adding the proTiso "tnAt In sections by or
against executors, &c, neither party shall Do al
lowed 70 testy against the other as 70 any trans
action with or statement oy the testator, &C."
Us Stat at Large, esS) ana arguing that this