Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-10-18

The Case of Walter ct al. agt. Ward.


TO THE ALDERNEY DAIRY.
''That restraining order means the moment it is
signed that this business closes" So said Mr..
Frank X. Ward, who, sitting in his cosy private
Office after the hurry and scurry OF the days bust
ness was over, was discussing with a STAR re-
porter the possibilities and probabilities OF the
injunction suit entered against him by some OF his
nelghbors "Yes, SIR" he added with an air OF de-
termination, 'if Judge Hagner issues an order to
shut me up Thursday there Will be $500 $500 worth
OF advertising in the papers Friday; Saturja y
Thomas bowling will sell out everything here un-
ger the hammer; Sunday night Will have all
own converted into cash and Will be on my way
to Chicago or some other city"
So Judge Hagner's decision next week In the
case OF waiter ct al agt Ward, ON the preliini-
nary question as to whether a temporary restrain
Ing order Will be issued or not will determine the
tate OF the Attorney dairy. As there are other
what similar to those. which nave given rise to
the suit against Mr.. Ward, the suit against that
gentleman is watched With considerable i'll
tereSt
against Mr.. Wards establishment, written out in
good round hand, over several sheets OF legal
cap, is now on file In one OF the two cases in Clerk
Meigs office, and Will there be preserved for the
curious scrutiny OF antiquarianS OF posterity. who
my wonder what all the fuss is about. Messrs.
Charles Walter. George f. Gilbert and James o.
Clephane appear as compliments, and their
grievances are substantially as follows The COM
between ID and ana lana 4th streets north
west, in the neighbOrhooi OF the Attorney dairy.
A GOLDEN ERA OF PEACE,
during which the good residents OF the squares
aforementioned thrivcd and were happy, spending
their days in useful occupations, and at night
sleeping the sleep OF the blessed, came suddenly
to an end when Mr.. Ward came into the neighbor-
hood. The reign Of quiet was broken by the clat-
ter of the tin can ana the wild whoop OF the milk
man. The horses are stabbed on the premises, caus-
Ing nuisance. The horses make noise at night
stamping their feet, neightng, etc. The machinery
is almost constantly operated ''wth great jarring
humping and disturbing noise" Large and
heavy metallic cans from time to time, day and
nlght. are Thrown from and into the wagons,
making night hideOuS like some wanderer from
the internal regions fearfully clankng his chains.
uncommon in dry legal documents, that the
"Nadng and driving off is accompanied with
great noise OF gongs, the CHATTER OF horses hoofs
the boisterous shouts and loud talking of drivers
and other employees and variety Of other disturb
Ing Sounds
WHEN THE GOOD CITIZEN,
aroused from his dreams by this din, between
and O'Clock in the morning, and is just about
doZing away again into last sweet morning nap,
the wagons are driven back again and the same
Gathering bustling, dream-dispeling confusion Is
repeated Shortly after, the exasperated neighbor
hears hundred cans again brought out, and the
wagons are again driven off, with the same accom-
pan1mentS OF dSSonant sounds, cries and noises as
at first This whole performance, the petitioners
represent, consumes from two to three hours, all
prior to O'Clock, when the peaceable citizen who
does not rise to see the comet expects, and has a
constitutional right to expect, to secure his sweet
est and most refreshing slumber. This is the tale
and aforeSaids" in the bill in equity in which they
DeSeecn the court to restore the peace and comfort
OF the Saturnian age SO rudeIy disturbed by Mr.
ward and his milk cans
THE UNHAPPY ELEVEN
The bill Is supported by the aft iavits OF eleven
persons, whose enjoyment OF life has been dImin-
1shed by Mr.. Wards advent into the neighborhood
and whose olfactories have been annoyed by odors
from the dairy and stable so grateful to the olfac
tories of the city man when he makes an excur-
Sion In search OF bucolc pleasure. but shocking
and exasperating when mingled with the smells
OF TAR pavement and the smoke OF the city. Mr..
James +: Wollard, No. 312 street; Sadie Tllley
No Alb 4th street; JAS @. Clephane, No. 400 81
street. Mary NJ. Ferry, 413 4th street: Geo. F. ana
Ferone NJ. Gilbert, All 4th street; Walter d.
Wyvll 200 Z street; VIM E. Howard. 421 4th
street; VIM. Henry Browne, 422 81 street. and
CnaS and ChaS A. Walter, 419 3D. street. make az
ndaylt as to the annoyances they have suffered.
WHAT Mr.. WARD SAYS
VI make noise,' continued Mr.. Ward to the
reporter. "and it is impossible to conduct business
without it, So the stage from the hotel to the
depot make noise when Judge Walter is asleep
My instructions to drivers are never to crack
Dell but once. II there Is no RESPONSE they must
ring the door bell, and If one comes they drive
CT. These people have claims 1 may annoy
enhanced the value OF p-""ariy to six times its
original value. Mr.. Walter, Wyvlll, living az :hs
corner or FL and streets. with a solidly built
plock between him and this place, says he can
near men taking-a horrible crime! He can smell
butter and cheeS2-butter worth so cents a DOund
He has tinsmith shop on the avenue Some one
might complain OF that. So with Gilbert, who is
freight agent of the Baltimore and Potomac rail-
road, and loads his trains along Maryland avenue
complain or not. admit the noise, but the Utles-
tloh slits down to this:Is the town made for
business Go to Chicago or New YORK ana Won
nave to encounter street railroads and elevated
roads; 60 to Pittsburg and you have smoke; 90 to
South Washington and you have the freight cars;
go to Pennsylvania avenue and YOU have the
street cars There are whole lot OF things in life
kick. A Jackass who lived next door to me. used
10 get up at midnight and blow quarter-calI on a
msn pa oGs IN made aae v, no Ess
who struggled along TO make living
shuekng oysters used TO pile his shells on the side
had a manure pit right next to the parking. with!
OUT any ventilation When the wind was our way
we got some OF It, year ago petit;an was sent
as nuisance The health officer looked over INV
f pace ana now makes a semi-annual inspection
found the place In the most perfect SANITARY con.
dltion OF any stable in Washington. 1 nave forty
odd people living here, Tho work twelve or four
Teen nours day. Theyare all healthy. We have one
doctor, who dOesn'tcal Oftener than once a month
r. nave healthy family: They all sleep we'll.
- nut Wy opCpUlC, anu lneFe Is nothing
Tying tnelr minds. ! am healthy strong and
hearty my people board and lodge right here
on tne top or the business and they are all tOler
aDly healthy. There has not been death since I
nave Deen In the business. We get to work In the
morning handling milk cans and wagons: and to
CO Dig business We have to make a noise The
question IS whether noise must be made or whether
the town was 62ut especially for private residen-
ces II there is any district for business it should
De INDICATED, so man may not make mistake
when got copy OF the complaint against me.
sat down and wrote to Mr.. Gilbert Representing
the compla1nantS. / said l regretted ANNOYING
my nelghhors. but there was only one mode of re-
lleL L had come here and bought this property
cheap; would SCH all had at the actual cost, as
per bill on file, or Sould take his property and
that OF others at assessed values He answered
that he was not prepared ~ go into the milk
business l reminded him that they had stood
quietly Dy Tor three years and seer, me put nv
money ana labor, and everybody's m6acy and
laDor could get Into this business, and now they
wanted me TO sacrifice It, They waited for Judge
Hagner, suppose, because he enjoined Schneider
tne 1oundryman,a few weeks ago They ask JII1fe
, nahel now lor restraining order pending the
MTlaI, ana 1 have been cited to come before him
uhursuay 10 say why should not be restrained
attorney tells me that II the restraining order
Is ISSUED IL VIII be four months before the case is
hearu IN the court In baDc. II should omen the
place meanwhile would be sent to fail and So II
means paralysis TO my business ~ w ~
A