Evening star. [volume] (Washington, D.C.) 1854-1972, 1879-11-01
The Regatta Yp~..~..v

The REGATTA Yesterday.
The wind yesterday gre Asly interferred with
.no nc oss... oOoacr gatta- The races were
W n".o aI 2:30 o'clock It was s
ashen to venture Or ha ,amr oorod 20 81 M.
1hea rowed amer nsiderable delay and one false
were n / n Cro NC IVY weights Of the Potomac
". Morgan, ,iey stroke; Ed Derrick, No 8 r
s4mac hgn . weight-crew were: W. F. Roberts,
s.r w D. J: NegIer, No. 8; Norman Bestor, No
pson BOW WHIT, The , Analostan crew p Of
~, 3; E. s. Maunder, No. 2. j. R. Marshall, bow.
me lights of the same club were: Richard Pairo,
stroke Gn John %nn W. CoIson, No 8; F. Whiting
was a straight away from the Long
Bridge to the Potomac boat house, one mile
ana nan the start was made at $50 O'Clock, all
! to the Virginia shore. The Analostan heavieS
fouled the Potomac lights, but did not make a
pig enough mess OF it to cause either boat to
stop: The boats kept pretty well together over
the entire course. At the finish there was dark
| ness and confusion. The judgeS-RandOlph
Coyle for the Analostans and Carter Marbury
| OF the POtOmacS-decided that the Potomac hea-
| v1es came in length and a half ahead, followed
| by the Analostan heavies, with the Potomac
lights third and the Analostan lights fourth
| NO time was taken. The tug Gilbert had the
| judges on board and the Rescue from the navy
| yard commanded by Lieut. Commander Evans
mad the President and others on board: The
| LohhiO AAoyCe UuC plOpCl ty VI MI. 0uSUlu,
the Presidents stenographer, was also in the
wake, with Mr.. Pruden, Mr.. Hendley and others
from the White House. The Fannie Hayes is
the yacht that the President was supposed to
! have bought, but which was purchased by Mr..
! Gusttn, In the evening there was dancing at
both the boat houses.
| THE WASHINGTON MARKET CASE IN THE Q. s.
| SUPREME COURT-The case Of Jas. A. Hoffman
| agt. the Washington Market Co., upon appea
! by the company from the decree Of the Special
Term 0f the nictric Court
| by the General Term, was argued in the U. s.
| Supreme Court yesterday. Hoffman, a STALL
holder, sued the company to prevent their offer
ing his stands for sale in 1874, he having bought
| the franchise in 1872, when the market was
| opened. The charter of the company provides in
its second clause for the sale Of stalls at public
auction for one or more years, subject to the
| payment OF an annual rent, to be fixed by the
| mayor and common council and the directors
and says that the person who shall offer the
| highest price at or beyond fixed minimum shall
be entitled to the occupation. and shall be con-
| s1dered as having the good will and the right to
cnv ne ne $40 r., as long a ne to
the rent. The construction Of this clause is the
whole question involved The dealers, of
Whom Whom 1o5 Joined ned with Hoffman in the suit
mutual contract, binding both parties abso-
lutely for two years, the dealer being bound to
pay rent whether he occupied the stall or not
dealer to remain in possession If he chooses in
definitely or perpetually so long as he paid rent
| WIN IQe TlglU 10 Quit whenever he ClOSR.
| The company claimed that the sale for two years
bound it for that time only; that the sale did not
| Dlnd the dealer to stay or pay rent during the
Two years s. put only to pay rent while in oceu,
the term of two years, under his purchase. Hon.
| r. I. Merrick, who appears for the Dealers de-
| INJURED to the jurisdiction Of the court, the
amount in Hoffman's case. being only $50. Gen.
| w. Btrney replied for the company, that the
amount involved was over 100000, and cited
| cases to show that the court had taken cogni-
sance of cases in which little or no actual value
was involved directly. The court decided to hear
counsel on the question of jurisdiction and on
| the merits Of the case at this time. Gen. Birney
made the opening argument and will be followed
by Mr.. MerI1ck on Monday.
Decision in a Nuisance Case.
THE LATE BOARD OF HEALTH ORDINANCES M
POSING PENALTIES INVALID.
This morning, Judge James, in the Court in
General Term, delivered the opinion of the court
in the case OF the District agt. Collins informa
ton for maintaining nuisance, alleged to be
from the storing of bones on K street. Judge
James read the section of the organic act pro-
vldlng for the appointment OF the board of
opinion that it was the intention of Congress to
give the legislative control of the District to the
aSmp except 50 Tar as It was Sa
power to define what is nuisance, and execu-
tive power to remove such, but not to impose
ne ; and penalties That was legislative power
motion to quash was therefore denied. This
case was commenced in the Police Court, and
pending hearing the defendant petitOned the
Criminal Court for writ OF certrorari, on which
the case was carried up and certified to the
General Term. Messrst Riddle and Miller, for
the District, moved to quash the writ and
Messrs. Birney and Birney opposed this motion
for defendant. The motion to QuaSh being de-
MED the case will now be heard in the Criminal
Court. This decision virtually settles this case,
the Information having been brought under
board Of health ordinance and will doubtless be
dismissed. This decision having now been ar
alleged nuisances will hereafter be by fndict-
ment by the grand jury.
REcovERnG.-Mr. Zach. Wheat foreman at
injured on Tuesday morning by blow with
pitchfork on the head, inflicted by John Will
liams, cOlOred, Is improving, and Is now regarded
as out Of danger. Williams has not yet been
arrested.
CLoAKs, handsomely trimmed, $ up. Carpets,
latest Styles 81 SO, 60, IS, so cts. ToWsonS, Pa.
ave-, south side, near It'll.
THE WARMEsT october of the decade was last
month, as shown on the meteorological summa-
ry at this station prepared at the signal Office.
The mean temperature was 62k degrees against
81 degrees last year. The thermometer fell from
80 degrees on the third day of the month to %
degrees on the 26th, range Of Ga degrees. The
rain fall only amounted to three-quarters of an
when the precipitation was only little over a
quarter inch, the mean temperature being about
Sc degrees.
In times like these, when colds prevail.
Cough mixture proves of no avail
To be relieved of coughing ordeal,
Use naught but Drivers pure Rye Cordial
Price so cts and 81 per bottle. Depot 451 Pa.