National Republican., 1883-08-03
TIIIl COuRTS.
The Gas Compnny's Cases Certified to tks
Circuit Court--Legnl Notes.

Judge james yesterday granted writ OF
certiorari returnable before the circuit court
in the case of the district against William
Smith--an information filed in the police
court on July % for M aintaining nuisance.
The petition sets forth that the petitioner is
the owner of lots 3 and 4 and of parts of lots
90 and 81, square l, on Virginia avenue, and
of five houses thereon, four OF which are
tenantCd.
This lot has also on it three lime kilns
which have existed since 1874 and which cost
in construction $1,000. Only one of these
kilns is used in summer and has chimney
thirty feet above the grade which carries off
tho smoke and odOr that may arise from the
burning Of oyster shells; that there are no
noxious gases, but the kiln has been beno-
fCial TO the health of the locality. Notwith-
Standing these facts the district has seen fit
10 file an information against him, charged
with creating and maintaining a nuisance;
that ii is the intention of the district to have
these charges heard and determined in the
police court, q fine imposed and collected,
agreeable to pretended ordinance of tho
board of health, which it is incorrectly
claimed has been legalized by resolution of
congress.
Among the questions raised and presented
is one as to the jurisdiction of the court and
the existence of any ordinances of the district
declaring the manufacture of oyster shells
into lime nuisance, or that if the burning of
shells at the kilns of the petitioner is a nu-
sance injurious to health it is u misdemeanor
or crime punishable ut the prosecution of the
United States, and that the police court is
without jury and otherwise without the
| necessary powers and functions to hear and
determine the ofense charged that the pre-
tended jurisdiction over the matter to impose
upon tho petitioner fines and penalties has not
. been conferred upon the police court by any
t.NE 4
cannot under the constitution of the United
States. In view of these considerations the
writ of certiorari was prayed for and granted.
w. A. Cook appears for the defendant.
Upon application Of Mr.. William b. Webb
as attorney and the petition of Mr.. Charles
H. Bailey as secretary of the Washington Gas
light company, the case of the District of CO.
lumbia against the Gaslight company, which
has been pending in the police court for sew.
eral days past, was yesterday ordered to be
brought up to the circuit court by writ OF
certiorari issued by Justice James.
The petition, after setting out the organi-
zation of the company and its purposes
manufacture of gas, &c.-recite that lime is
necessary for that purpose and for many
years it has been in the habit of burning
oyster shells to mako the lime. The petition
then sets out the same facts us to the manu-.
tacture of lime; denies the existence of the
ordinance as II law under which the informa.
tion has been taken out against them, and
questions the jurisdiction of the court.
NOTES.
| Scltz & Mertz the taiors yesterday mad,
an assignment of the goods, wares and mer
chandise in stores 1l05 Pennsylvania avenu,
and rs West Fayette street, Baltimore, to Thos
II. Cannon and A. ID. Wilcox, for the benef
of their creditors.
certificate of incorporation of the Unio
| Veteran corps was filed yesterday, with the
following ncorporators; George Il. Corson
| viii A. Short, James Brennan, Owen L
Duffy, w. IL. Tuss, George II. Jackson, Jane:
F. Collins, John Dickerson, Alphonso w
Bergn, d. d. Brannan, George W. Scheller
Frank w. Norris, f. f. Hopkins, +. w. Page
H. M. Buckley, J. IL. Leighter, Il. NJ. Skin.
ner, and G. Y. Hansoll. The directors for the
first year are S. Il. Morrison, James w. Ed
gar, w. II. Hoover, Charles Ebert, r. Nelson
II. L. Smith, Charles Hartel, $. NJ. Gordon, o
Il. Camara, ], b, Lynch, and Thos. w. Stewart
There was placed on record yesterday by the
Farmers and Merchants Telegraph company
of New York, New Jersey, Pennsylvania
and Baltimore city, an acknowledgement oi
a mortgage to the Farmers Loan and Trust
company, of New York, to secure tho pay
ment of 100000 advanced by the trust com
pany.