Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-06-06
LOCAL NEWS.

MARITAL IsFKLicTTr-Yesterday, Mess-s.
Scharit and Miller tled . bill in the Equity
Court for Leonhsrdt Simermscher sgt X sthe-
rtna SImermscher for = divorce. The petition
states that they we're married In October, 1893;
that they lived together a. man and wife until
lst3, when she, without cause. deserted his bed
and board, and "hss since refused % allow him
the rights or submit % his lawful authority a.
her husband, keeping herself wholly separate
and apart from him." lie further states that
she continued TO live and occupy separate rooms
In his house after the desertion In lsS3 until
october, l~tS, during which time she Continued
70 prepare his food. He states that he has good
reason 20 believe that she attempted 70 taSe his
life 10y poisoning he milk which he used in his
coffee in October, 1886, for he was taken yio-
lenty SICK with all the symptoms OF having
been poisoned, and he refused from that time
70 psrtske OF food which wss prepared by her
he states thai they lived wholly separate and
apart, although she remained In his house until
November, 1873, he Furnishing the necessary
means for her support In the meantime, and Al
the lsst-named time she deserted him. He
states further that his life IL In danger, as she
has been heard TO express the wish that he was
dead, and az divers times since she denied his
marital rights she has melted, instigated and
prompted his son TO take his life, and the latter
has threatened 70 do %. He further charges that
she has been unfsithful 60 her marriage Vows
and used her rooms In his house TO make sssigna-
tons, and ttat at one time she was concerned
IN keeping house for such purposes At Kendall
Green, which WAS broken mp by the off sers OF
the law. be further charges that he has been
constantly annoyed and troubled by defendant
since the SEPARATION, and that thefts, some
amounting 70 burglary, have been committed,
but or which be Gid not complain because he
felt sure that they were the scts of his wife; or
we're committed at her instigatiOn.
POWERS OF THE BOARD OF HKALrH.-In
the Court In General Term TO day, in tae case
OF the Board OF Health sgt. Bstes-knOsn A.
the sosp factory case-J udge DIN delivered the
opinion OF the court, denying the mor,ou TO set
aside the writ OF certiorsr % the Police Court
giving judgment for defendant and dismisang
the proceed Rgs before Judge Smell. Jadgs ~.
holds that while the board u emPo Eered % de-
clare "whst nuissnces are Inf uriOus 90 health,
and 20 provide for the removal thereof" Il has
not the power TO declare anything or condition
fore the passage OF their ordinance, adjudged
pursuance Of statute Law.
Judge WyIie, In cOncurring, remarked thu,
this acton Of the board involves the night OF
party TO enjoy property. and the proper mod
for the complaining parties % reach this cas-
was by indictment ana trial by Jury. Soa
factories we're nuisances In some places and not
nuisaDces in other places, ana Il was the pro
vince OF q jury 70 determine such qnest on. n
did not believe that Congress intended IN az thi
body should pass laws and impose penalties.
Judge Humphreys cOucurred.
Judge Macarthur c.ssented, and said that 4
wss Of vital importance that the bO1ri-tA
only sanitary body in the Dstrict-shOuld b
sustained. DO me can deny what the boar
had done-.hey had reduced the mortality rate
from . "a a trife above Il, and the city has
been made not only the most beautiful bat tie
most healthy.