Evening star. [volume] (Washington, D.C.) 1854-1972, 1883-10-31
MI. Wards View of the Decision
Against Him.

He CLAIMS THAT THE DECISION IS A BLOW AT Bus1-
NESS ENTERPRIsE-HIS INTENTION TO GO INTO A
BUSINESS THAT WILL SUIT EsTHETIC TAsTEs-THE
CASE NOT TO BE CARRIED TO THE SUPREME COURT.
The celebrated case Of Walter ct al. Ward, in
volying the fate OF the Attorney dairy, has now
been settled before the Court in General Term. A
number Of citizens dwelling In the neighborhood Of
the Attorney dairy buildings on I'D street applied
to the Equity Court, Judge Hagner. to close
the dairy with an Injunction, their comp-
amt being that their morning slumbers were
broken by the rafting OF cans, &c, and the
S SolrT re OF arer s1ses and their
OF fresh milk and butter worth 45c. pound waited
INTO their windows by the morning breeze. When
this alarming state OF affairs was fully explained
10 Judge Hagner. in the Equity Court. he granted
the boon asked for by the good people OF Sd street,
and formidable decree OF injunction was drawn
up and signed by Judge Hagner personally, In due
legal FORM, TO close up the Alderney dairy.
As, however, the compainants failed to
give the bond necessary to get the benefits of the
injunction pending an appeal to the Court in Gen
erai Term, they had to endure for another year the
grievances OF which they complained.
WHAT Mr.. WARD SAYS ABOUT THE CASE.
81 Think" said Nh Frank X. Ward the defend
ant, TO STAR reporter, who called to see him to-
day. THAT much depends on this case as there are
So many other cases to which the same principles
apply. THESE people have en1oined my business;
now they can enj0n any industry carried on within
the city limits, all other esthetic citizens and
dudes have the same right to kick as the eleven
1ninortaiS in my case had.'
, ''iioW did you think the case was going?" asked
the STAR reporter.
~ could hardly say answered Mr. Ward "I
rather thought that the good hard practical sense
OF Judges Cartier and Cox was in my favor. But
Judge iiagner, supposed was against me. When
the case was before him in the Equity Court I had
over sixty witnesses to the effect that they were
not disturbed at all by the operations Of my dairy
Oi These , Witnesses several were my own employees,
HaGner said that there was no question but the
statements or these witnesses lies, and there
by. think. showed his One-Si1edneSs Tt took him
more than TWO hours TO deliver his opinion He had
searched the books, and found authorities against
me not cited by the plaintiffs lawyers at aIl-nota-
Dry Missouri authority on the milk question In ST.
Louis. don't believe he would consciously do any,
tHlhg wrong. but having been born and raised in
the llttle one-horse towns of Annapolis, Md, where
lfere is no manufacturing or anything or the kind
ne docs not, contend take a proper view of this
case lie sat In Judgment In my case in the Equity
Court and after en1oining sat on the same case
In the Court in General Term, to which / had an
peaed, did not look for any quarter from him.
ANOTHER ASPECT OF TIE CASE
Now, continued Mr.. Ward, ''there is view
take OF my case, though am no lawyer, which
seems to me proper. 1t occurs to me that when a
man buys piece of property he does it with the
1ok That the vacant lot for sale next door to him or
IN his neighbOrhood may be purchased by some one
else and used for an executive mansion boarding
mouse, the residence of millionaire, milk dairy.
III my place had improved the value OF adjacent
property tSthetically, would have the same right
10 go 10 them and say, GIVE me the difference
caused by the Improvement rs they have to destroy
my BUSINESS because II has too much life eStheti-
cslly. AS matter OF fact, however, purchased
nay ground SIX years ago for 65 cents per foot its
put IL ana the adjoining property (Which was also
assessed at Is cents them to 90 cents per foot /
recently offered to pay 81 for the entire corner the
vacant, unlmpr0ved property of Mr. CarliSe'S, and
Improve 1t. or to sell my property for half its exact
cost as per bills on file, and give up the business as
~ Wonid DE Holly for me to move anywhere else in
Fpar
nave the same right to enoin me. In going into
,he court In General Term for linal decision went
sitting in he court hd n ang hy nudge , n3gne sp
upper court to confirm his decision below parallel
vi winch has never been known. 1t Is contrary to
the si'iilt Oh the law, should think"
MR.. WARDS PLANS.
What Will you do now. as the case has gone
against your" asked the reporter
'AS they have downed me.' said Mr. Ward 81
VIII realize what can out OF the wreck and tackle
really genteel business something nice, respect
able and heightened. I think / will Join the Y. NJ.
T. ~ irsI ana get record Then Will become q
.nialail or Judge from Virginia. sah befo the
wan, sab; sell whiskey, or become genteel 1ramp
about toWn-sometiling that would be recognized
as highly esthetic, but not possessed of great deal
OF enterpriSlng life as was the Attorney dairy 7
would have been all right" said Mir. Ward, s.if
had not plunged every nickel 1 could get into my
business; and when this thing came upon me every
dollar had was bound up in the dairy. Now. am
compelled to realize by forced sale. can't realize
10 per cent OF the capital invested"
LAS the case has gone against you will you take
IL TO the supreme Court OF the United States?n
asked the reporter.
NO" said Mr.. Ward "Tt would take from four
10 I'VE years TO get the decision and would leave
me IN constant suspense. would be afraid to 90
any 1urther In extending my business and If the
case should go through in my favor it might break
me WOULD rather quit now. and save enough out
OF the wreck to go into something else here or the
dairy business In some 0ne-horSe town like New
York or Chicago. II the case went up and lost it,
1t would break me- and would have to begin life
anew. believed there was as much wisdom In the
TWO Judges TO whom / looked for fairness as the
Judges or the Supreme Court. AS one of these has
decided against me am gone There were only
two whom regarded as really just.
"lISten,' said Mr.. Ward; ''here are the PRINCIPAL
as taken from the directory: Charles Walter Justice
OF the peace George +. Gilbert, freight agent Baltt
more and Potomac railroad depot: James O. Gle
phane. StenOgrapher; Mrs. b. f. Cuttings boarding
house: Miss 1illey. boarding house; Miss Gilbert
Doafllng house; MI. and Mrs Carlisle, attorney-at-
law; Edward Clark, architect; William f. Howard
clerk; X. w. MACPHERSON, attOrney-at-laW: George
". Phillips, ex-assiStant United States marshal:
Walter H. Smith, attorncy-at-law; Charles Walter
lr, altorney-at-law; James f. WOllard: Walter d.
Wyvii, tinSinith. / regard this" said Mr. Ward
las Judicial assassination OF mercantile life In our
CITY. IL Will be dangerous for any man to invest as
nave and then be slaughtered. No, sir, business
VIII nave 10 be stopped, andin few years to come
Wnen THIS decision has been applied to other enter
prises as In my case, the greenSward that will be
growing along the center OF PENNSYLVANIA avenue
VIII be nice place to have croquet grounds for the
esthetic purely. supported by the American flag
ana a liberal appropriation, worked through Con-
gfeSS by social influence"