Evening star. [volume] (Washington, D.C.) 1854-1972, 1881-08-20

The Central Guard House Sale.
GEN. BIRNEY QUESTIONS THE POWER OF THE
| DISTRICT COMMISSIONERS 70 SELL.
Gen. WIN. Birney, attorney, to-day rendered
an opinion in the case Of the Central guard
house sale, which was placed in the hands of
the District Commissioners. The opinion was
| rendered at the request of the purchasing COM
mittee of the Produce exchange-M essrs. M. G.
who referred to Gen. Birney for professional
counsel letter to them of the 9th instant from
the District Commissioners, stating that they
| are informed that the purchase Of the Central
| bOurn, was nude for the Produce Exchange
company" ana asking Ito whom the convey
ance shah be made, as they are and have been for
some time, ready to execute the necessary deed"
| III the commissioners were empowered" Gen.
Birney says, Ito make the deed as your inter-
| ests and wishes require, would advise you to
| accept promptly their courteous offer and to
name The Produce Exchange Company as the
grantee. Such a deed, if valid, with possession
OF the property, would end delay prejudicial In
many ways to the company you represent. I'm
| fortunately, the Commissioners have no legal
authority to recognize in the transaction any
one except Hallet kilbourn; they derive their
whole power to act from statute VI ch, in its
express terms limits their right to sell; they can
sell to the highest bidder at public auction and
10 no one else. As Hallet Kilbourn was the
highest bidder at public auction, and SO appears
on the auctioneer's entry of the sale-he is the
purchaser. So long as the third section of the
act OF March 3, 1881. remains unamended. no
person can be substituted as purchaser for Mr.
| klbourn, even by his consent added to yours
and that OF the Commissioners. That section
| must be followed closely, or the deed made
under it is void. In the circumstances, advise
that application shall be made to Congress for
ratification of the sale and, with consent Of Mr.
kilbourn, for authority to the Commissioners to
make the necessary deed to the Produce Ex-
change Company
"There is another and a grave reason for the in
| Prevention Of Congress: 1t is extremely doubt
full, to say the least, whether the Commits
sloners hnUe the po,ce, to make Unnecessary deed"
| Gen. Birney then discusses the legal powers of
the District Commissioners at length. holding
that they have no authority expressed or i'm
Piled to sell or alien District property. He dis
| cusses also Attorney General MacVeagh's recent
| opinion that the power to sell conferred by the
act of Congress carries with it the power to
make deed, and constituting the law to cOntem-
| plate a sale for cash. AS the Commissioners
have sold the lot partly on credit, Gen. Birney
holds that the law was violated and they cannot
the conclusions of the Attorney General that the
power to sell includes the power to convey, and
| says that the doctrine is new enough to be
startling to the members of the bar.
Transfers Of Real Estate.
Deeds in fee have been recorded as follows
Dyer Birney. trustees, to G. W. Cochran, lot
8, so. 216; So, 1856 j. M Caperton to d. J.
kins' addition to Georgetown; $670. J. NJ.
Caperton to Margaret c. Barber pit. 60 81, 123
and all Of SO, B. & H. addition to Georgetown;
$15OOO GOrdan and Boulware trustees, to
0. c. Green, lot II. Nichols Place; $1S4 w. H.
Ward to John Fisher, lot and pit. 5, 50. Csc;
$500 George E. Hamilton, trustee to president
and trustees Georgetown College, lot 4, So $780,
s. c. D. Gilmore to B. R. Snyder, pit. so.
s4O0. John F. Olmstead to C. A. Eldridge, lot
80. sub 40 to a, SO. 24l; $1,000. NcKelden &
Fishman, trustees, to A. Richards, lot g, So
800; 5000.
REAL ESTATE SALEs.-Messrs Young 4 Cald-
well, real estate brokers, have sold for Mr.. ]. F.
Olmstead lots 40, Al, AZ and 43, in square 1872
situated on the south side of Rhode Island
avenue, between 10th and 18th streets north
west, and containing Is, 094 feet, to Paymaster
William j. Thomson, Us, navy, for s16, $3.50
OHt-0f-DOOr Sports.
OUR COMING REGATTA-SHOOTING AT JENNINGS
YESTERDAYS HORSE RACES AND BALI. GAMES.
Yesterday, the local committee of arrange
ments for the coming national regatta received
letters from the Mutual Club Of Albany, n Y.
and the Minnesota Club Of st. Paul, Minn ask
ing for quarters. The annual convention will
be held at the Masonic Temple on September z
and the races will take place on the 8th and 9th
of September, the prizes being distributed On the
evening OF the last named day Invitations
were last night sent to all the clubs composing
the association to attend the convention. This
evening at half-past six o'clock a shell race Will
take place between the fOur-Oared shells of the
Columbia Boat Club.
j. N. D. Shinke, member Of the Cornell
University boat crew, is charged with having
sold the late race on the Danube
AT the regular military match at Benning's,
yesterday, Walter Cash. Lieut. Ross and Mr..
Lantz tied On scores of 80. and by agreement the
first and second prizes were divided equally
among the three marksmen.
The races on the program for Thursday at
Monmouth park, but postponed on account of
bad weather, were run yesterday. The winners
were as follows: First race, three-quarters of a
mile Mr.. Belmonts Forester; time, 1:16. Second
race. IL miles, Mr.. G. Reeds Thora; time.
2:52s4. Third race, ~ miles. Mr.. P. Lorillards
Parole; time, 2:404. Fourth race, one mile,
Fifth race, one mile, Mr.. st, James Shadow
Dance; time, LAG. Sixth race three-quarters
OF a mile, Mr.. P. Lorllard's Wyoming; time,
1:16. Seventh race. steeplechase, Mr. w. c.
Days Lizzie D.: time, 3:1S
The following are the summaries OF the races
at Utica, n. Y, yesterday, 2:15 class, purse
50 00O-Charley Ford. /, L. /; Midnight, 2. 2, 2;
Hannis, q, B. 3; Hopeful, g. 4. 4. Time 2:2Ok,
5:191s, 2:20. 2:19 class, purse 50 000-Trinket,
|, l, l; Wedgewood, 3. g. 8; Alexander, 2, 3, 4;
class, purse 81. 5OO-Josephus, 1. 1, 1; Unalola.
2, 3. 2; John S. Clark. 5. 2, 3; Abdalla Boy 3, f.
4; Prospect Maid, IS. 5. Time 2:2lsl, 2:21}5,
2:2l$4. In the trial of Little Brown jug (pac-
ing) to beat his own record of 2:121a he showed
but one heat. Time, 80, 1:04, 13S. ga.
Base ball yesterday: At Richmond, Va-Pea-
bodys of Baltimore, 6; Richmonds, 4-ten
innings. At New York-Troys, 2; Metropoli-
tans, O.
MOUNT ST. MARY's FINANCIAL TROUBLES SET
TLED-The Rev. W. Byrne, president of Mount
st. Mary's College, Emmittsburg, Md, reports
that the financial troubles of the institution have
been settled. A basis of compromise with the
creditors has been reached which, although in
volving serious loss to them, is yet far more
beneficial than sale Of the college would be. 1t
will leave the college buildings intact, and re-
serve sufficient lands for recreation grounds,
farming, and gardening purposes. The debt to
be carried is estimated at about $4,000, which
can be borrowed on mortgage at five per cent.
The members of the faculty have stood by the
college, and the alumni have responded literally
to the appeal for their aid. The total debt. in
Guiding mortgage has been reduced by sale of
property and voluntary abatement of claims by
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