National Republican., 1877-12-10
District Courts.
SUPREME COURT OF THE DISTRICT.

oHHcu Cthttt tI rtLOi mr y. ". biuHN NOt-
man asked that awrit Of mandamus be issued
against the Secretary Of the Interior, compelling
him TO APPROX deed for the sale Of patent lands,
known the Black Bob Indian lands Of Kansas,
which took place July 15 1870, or show cause why
the sale was unconstitutional. Tho writ was grant.
ed rcturnablo on the second Monday In January,
1879
The bond of t. D. Hodskin, as justice Of the
peace was approved.
THE UNITARIAN CHURCH A. POLICE
COURT.
Jesse r. Wilson ct al, vs. the District Of Columbia
and tho Commissioners Of the District This was
the case OF an application for perpetual injunc.
into compact Of lease, with certain trustees of
| the church Corner Of Sixth and d streets north
west, ass suitable place for holding the Police
Commissioners have no authority 70 do thing Of
Justice Macarthur delivered the opinion Of the
court dissoyng the injunction and djsmissing the
bill. He said that the Commissioners tuccceded to
the powers OF the old corporations Of Washington
thck empowered to collect and disburse taxes The
Revised Statutes declare that suitable place shall
% s shs % pss *.
ary Of the judge officers ofthe court the incidental
expenses and the balance turned into the District
he s q provide
| place for the holding Of the Police Court and i'm
the ns for g ds
ono that the expenses are to be borne by the Dis.
trict out Of the fines and collections The act Of
ky s sGud hsSs , nG application to cover case OF
Justice wylie regretted the decision made. He
thought that the selection made was such as would
create nuisance In the neighborhood, where
| there should not be one II II could absolutely be
| avoided. In the selection Of place the Commits.
least offensive and little disturbance done the
neighborhood. II the commissioners have the
authority to select site the court could not say
vgtfa taafa ad In To fnut
this kind Of court in the midst Of quiet families
| was q daily ohcnse to them, and he thought
the court could not take cosnizance Of that What
ought to be done by the Commissioners was to pur.
chase ground and build q courthouse. There was
legislative act authorizing them to buy or build,
| and as 1t could only be accomplished that way tho
| steps should be taken for that purpose.
to the marshal to furnish court houses where they
had not been provided. The Marshal in this Dis.
ttie, had the SANG power n that respect as mar r.
Columbia had TO pay the expense that IL had the
power to buy They paid the judges salary, but
| they could not appoint him from the District
Justice Humphreys concurred In the judgmt nj
| ChiefJustlce Cartier coucurred thoroughly. The
clearly defined that they possessed that authority.
The Marshal OF the District not marshal Of that
By yoSn III Ts 4 TsHsG
another portion; but the former by law was d.
| luHur VI tne COurt W W tnt DirhiVt utheufl.
and the 0feers ofthe court epsid at the expense
The commissioners were charged with dsft.y!pg
| the expenses Of the court, and they possess the
power 70 provide place Tho proposition was 70
lease this property for three years or the judicial
TO do III A majority OF the court clearly think
The injunction is dissolved and Dill dismissed.
he % q In
DAMAGES FOR FALLING INTO AN EXCAVATION.
Maxwell VS.. District Of Columbia. This was an
action for damages for injuries received from fall
ing into an excavation on street northwest. The
for 5000 damages given. The defendant appealed
on the ground that the damages allowed were ex
sse of she eourt Ss sPming tSe jsdsment Selow
United States VS.. Ward II. Lamon. An action In
assumpsit to recover $1,000 with interest thereon
given. Justice Wyiie delivered the opinion OF tht
, court, affirming that judgment
and costs n the .pees term aeefes
the plaintiff was given. Justice wylie gave the
opinion, affirming that decree.
was q bill filed to compel Stewart to account fol
profits since the death Of the husband OF the plain
.n % nS So, 70 & e ,Sn rsrt wles 20 ',a ny
, satisfactory. Then 1t was certified TO the genera
term. The evidence showed that the property IL
half
Justice wylle delivered the opinion of the cour,
.. in 1874 and that terminated the partnership be
tween the parties At that time the widow was en-
titled 10 one half the value Of the stock In trad
, which she has received. sltce then Stewart ha
paid her 81 100 and assumed the debts OF the arm
There were no grounds for q bill IN equity and
! was dismissed, each party being directed 10 pa!
their own costs An appeal vas not. noted .n. -
a in rule on the District Commissioners to shoy
cause why they should not bring into court certain
! Justice wyiie delivered the opinion, and sal
that the answer Of the Commissioners that they hal
no power was complete. conclusive, and accepted
nfS e 'Asf
p ElleI vs.; Bergling e. A. This was .pit 6rongh
S% Ry the pSs 2 ns
;, sum-sl per head for each member-on account o
the death Of the PLAINTIFF husband which occnrre'
agreed To- do. 4 decree was given in her favor il
the Equity Court, and Justice Wyle delivering tn
opinion OF the court affirmed It; Justice oiin dia
sented.
ORDERED TO be TAKEN FOR CONTEMPT.
Hovey & Dale vs. Mcdonald & white. A rul
Q wa, laid on the defendants 10 pay back into III
registry of the court sl72s7 50 Oh gold, and the
eeeded against ] for contempt 'P Personal @ ,eryis
! could not be made as the parties could not
! Justice oin delivered the opinion Of the cour
+ and an order was passed that the rule be made al
8 solute; that A. Mcdonald and ". White be take
days they comply with tho order OF Juns 49, 1877
and pay the money into the registry OF the coul
their answer be stricken out and the cause procee
a | ss II none had been made, and until the order
y. compiled with the proceedings will be perpetual
It stayed.
I. OTHER CAsEs.
Page vs. Burnstine; action To set aside contrac
h appealed from the Equity Court. Tho America
n Ife Insurance and Trust Company insured III
+ life OF Robert G. Page for 5000 who loaned none
i and TO the loan executed to him an intere
In the policy. Acr negotiating the last loan Pas
u stopped paying premiums. The company nOtife
Il Burnstine that the policy would be useless unls
i the premiums were paid regularly, which he di,
IS Subsequently Page signed a complete transfer
l. | Burnstine. Justice 0iln delivered the opinion
the court. afirming the Judgment given below
Diminishing the bill. An appeal was taken.
Dant VS.. District OF Columbia. The plaintiff n
sided In the northeastern part Of the city During
period that they were improving the streets, OF
10 | dark evening he started home across commO
1t and pitched over an eightfeet embankment II
% brought suit for damages. The defense was mike
A fault
= ChisfJustce Cartier delivered the opinion OF Il
a court holding that II was mixed fault and th
n the city not 10 blame under the circumstance
a A verdict for the plaintiff having been give
y In the court below, judgment was reversed, and
"a new trial ordered. Justice Humphreys dissente
~ James Arkell applied TO tho Commissioner OF Pa
ents for an Improvement in the manufacture
| paper bags, which was refused. He then appealt
| Ia tha cnIrt a cOmnel 10 tHue IN ha m ada