Evening star. [volume] (Washington, D.C.) 1854-1972, 1884-07-18
CARSON'S ADVERTISING BANNER
Lively Proceedings in the Police Court
TO-day-Judge Smell Decides That
There ~ no Law Regulating the Fly.
ing of Flags.

! pdlgn banner was carried into the Police Court
| thla morning. Last evening warrant was served
| on Mir. Carson. charging him with obstructing the
streets, in that he did '.cast, place and lay and
caused To be cast. placed and laid obstruction.
10 W.T. flag and sign. and lid then and there fall
neglect and refuse TO remove the same ON the said
DAY. IL was so placed as aforesaid"
| he tail form OF II. Carson darkened the court
room door little before 10 O'Clock, and he was
snG , IN seat Inside the bar Messfs a: g; Riddle
Aeosrs Daniel Cahiil and c. Maurice Smith ap-
peared for Mr. Carson.
The trial Came on few minutes after 10 O'Clock.
Mr. Forrest read the warrant
Mr.. Cahill inquired under what ordinance the
case was brought.
MI. Forrest replied that 1t came under the Dis
trlct ordinances.
a.r. CahIll said that he thought the case ought to
De stopped at the start alleging that the 1niOrma
ton Ia the warrant was not sufficient. He said
that public rUInor had informed everybody that
MT. Carson bad hung OUT flag bearing the names
OF the next President and Vice President OF the
United states
As Mr. Cahill declined to demur to the warrant
the court directed the case TO proceed
TIE COMMISSIONERS REFUSAL TO GRANT A PERMIT.
NJ. James Campbell, acting secretary Of the Dis
trict Commissioners, the first witness, produced MI
CarSonS application dated July 9th, for Emission
10 hang the flag over Pennsylvania avenue In front
OF his premises after the 18th inst. He produced,
also, the Commissioners reply OF the same date.
declining ITO grant the permit early in the CAM
paiSn as the nag would have to remain longer than
the commissioners think advisable"
the 0niy ground on which they refuse" said Mr.
Cahill. ''was that II too early in the campaign
and would nave TO remain longer than they thought
advisable"
THAT Is what the letter says" answered the wit
ness.
Don't you know as matter OF fact asked Mr..
Smith, That that letter was written at the dsta
ZION OF the president OF the board?
Il do not. sir, said the witness; 1.-THE letter was
Written by DR.. Tindall, secretary OF the board"
is lot USUAL asked MIR. smith, ''for orders of
this kind 10 be dictated by the president Of the
board:'
Il object :, said MIR Forrest
lis that matertal?" asked the court.
III may show the aninus in this thing" said MI.
Smith.
The court ruled out the question.
''B' on TIE BANNER.
Officer Ganz testified to having watched the
banner Wednesday evening about two hours
During half an hour at that time the banner was
hanging low and the muslin or canvas attach
ment having been partly torn loose hung so low
That 1t struck the heads OF car horses The flag
was in this condition about half an hour when the
canvas piece Was torn of. Afterwards the banner
was hauled up TO height OF Is feet. The witness
was asked what letters were painted On the CAN
Vas AN said lie could see only a letter ''B."
'Wh hat do you think that b stood for?" asked
Mr.. Smith.
Il think it stood for Blaine" said the witness.
certainly not for Cleveland and Hendricks"
said Nj. Smith.
ut might have been for Butler" suggested the
court.
AVENUE AWNINGS.
MI. H. P. Goodwin testified like the preceding wit
ness to the condition OF the flag Wednesday even
ing. Mr.. Smith asked the witness how many avn
lnss were str,ehed over the sidewalk On Pennsyl-
vaii avenue, between LIST and 9Th streets, but the
question ruled out. Judge Smell thought IL
unnecessary TO take further evidence as to the con-
Gitlon or the banner.
TO TBR LAW.
Mi. Forrest stated that the prosecution was laid
under the ordinance of January 18th, 1885, relating
10 health, ami prescribing penalty for placing
rubbish, etc. Ill the streets
MR.. RIDDLE ON RAG OR FLAG PATRIOTISM.
Mr.. Riddle made address in which he replied
TO what he called the little filings the prosecution
as If they were assauting the flag. In the course
or his remarks he referred to the fact that the y-
ing OF rag over The street was not in itself Of
great Importance.
ut is flag" said one of the counsel for the de-
Tense.
"A rag or flag. call 1t " hat you please" said Mr.
Riddle THE star-spangled banner1f you choose,
bunting. because IT has the United States colors.
That is All exceedingly vulgar and low patriotism
that can see nothing but the cOlors on a bit Of
CLOTH" MI. Riddle read from the statues the pro-
VISION THAT no street shall be occupied by any pri
waite person or for private purposes This statute,
he said, however, while IL explained the law, pro-
vided no penalty, the information had been laid
under the ordinance OF 1885,
JUDGE SMELLS POINT AND Mr. RIDDLES REPLY
Judge Smell raised the question whether the
words of the health ordinance would apply to nag
suspended over the street.
Mr.. Riddle argued that the word "place" would
apply 10 the air above There was not, he said,
The slightest disposition TO suppress the republican
flags or the democratic flags so lar the govern
partisan. 1t Will protect the rights OF all par les
and that they may be protected nobody shall be
limited 10 Invade them.
Mr.. CAHILL on UNwRIrTEN LAW.
Mr.. Cahill, in replying, said that there was an
unwritten law which had been recognized from
time immemorial, that either political party could
suspend its banners over any street, in any CITY
town or hamlet OF this country He referred, In
teenth century sid there was no precedent for
such prosecution. that such prosecution had never
been heard OF until the year A. ID. 1884 when the
president OF the beard happened to he IA democrat
Judge Smell suggested that Mr. Cahll should con-
fine himself 10 the legal aspects OF the case.
Mr. Cahill. proceeding. held that the ordinance Of
1S56 could hot apply to this case unless the names
oI Blaine and Logan displayed on banner could
be declared nuisance injurious to health.
TO the court
JUDGE SMELL DIsNISSEs THE CASE.
Judge Smell. in rendering his decision referred
to the common Laws principles as TO an obstruction
or nuisance under which damages might be recov-
cred by suit This case was not, however under
lle common law The government did not show
tat this WIS violation OF any regulation by The
authorities To which penalty was attached. He
thought il was clear that * did not under the
health ordinance OF 1856, which had specific OBJ
Ject. There was another ordinance. applying to
awnings suspended above the street, and flags, II
regarded as Objectionable Sh auld have been inclu.
ced In that. There was great respect for flags In
thiS nation We are very tcIder on the subject of
Has There was so far as he knew. no law regu-
laling the flying OF flags He did not see that
there was any law requiring that Il permit should
be obtained He had noted an objection to this flag
on tn ground that al. the restaurants might nv
nags a. advertisements.
ut was also advertisement for the under
takers establishment opposite interrupted Col.
COrkhili, who Was sitting at the counsel table.
Mr. fiddle said the prosecution had not raised
this point
Judge Smell said that he had seen that objection
raised The court however. had to contne itself to
the law, and could not consider matters which had
received 10 attention from legislators Ii there
WAS any law applying TO such case II was the
common law. under which any person who thought
he was injured might claim damages After a care
ful consideration. he said, he could find no founda-
dismissed.
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NEATS.-Beef, porter-hOuSe, Csc. per h.; sirlOin,
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l2Eal5c. per To-; chuck, I0a12Sc. per h.; do
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clipped. 30c. per To-; do tongue, 5Oa6Oc each
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Participates, SOc.a4O per PIX; lemons sOa4Oc.
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