Evening star. [volume] (Washington, D.C.) 1854-1972, 1888-08-04

Another Chapter Added % the HistO
Of the Lie DrOit Park Controversy,

THE FENCE STAYS UP.
Another Chapter Added % the History
Of the LIE DrOit Park Controversy,
IN WHICH THR REPRESENTATIVES OF TIE PARK Asso-
cIArIoN CLAIM TO HAVE ourwrrrKp THEIR ADvKR-
eARr-THK FENcR Is HASTILY REooNsT RUcrED AND
REsTRANNG ORDER rs ISSUED WHICH WILL KEEP
IT IN PLAcR FOR A FORTNIGHT.
The LeDroit Park Association had It's innings to
day and knocked the ball over the fence, 50 to
speak. 1t was base ball that It did It, too 80 they
claim while Gen Birney. as attorney for Messrs.
Boteler Banes and Daily, was at the City Hall yes
terday TO 1e his bill for Injunction and secure
temporary restraining order that would prevent
the reconstruction Of the demolished fence across
Linden street, Messra w. Scott Smith, George
$. Prindie and Howard L Prince, OF
the lie Droit Park Association, were en-
gagged In hauling barbed wire and other mate
rails to the line of the fence. They had q gang
OF men at work putting up posts, and little after
T. O'CLOCK had fence erected across Linden street.
inns . fence is picturesque, but substantial. Its
basis Is baroed wire strung from post to post.
fragments OF boards, making an open-work struc-
ture, through which the winds from Howardtown
can DiSw with little obstruction, but which effect
OF Howardtown into the park
This morning the fence stiii stood The lawn
Tennis nets nets and swinging hammocks In the park
swung fdy In the breeze, and green lawns, smil-
ing under the August sun, helped to make PIC
81 the ,n colo,ed special
only object suggesting q state OF war. All nature
SEEMED 70 De joyous. and the resdentso Of the park
N were t smlng: There was truce and truce OF
HOW IT WAS DONE.
AS stated in The STAR yesterday Chief Justice
Bingham granted, on Gen. Birney's application, q
temporary restraining order, returnabie next Fri
day. This was conditioned on Gen. Birney's nling
the bond usual in such cases. Gen. Birney with
ball match It was said to-day that ' th sae W SsSe
there In search OF Mr. Boteer to secure his sigma
tuTe on the bond. They became interested in the
Dali game and waited to see 1t out Chief Justice
Bingham waited until after 9 o'clock for Gen.
Birney to ME the bond and then left his house.
Gp ~ ALL bis bond he
structure across Linden street had been Completed
and the members of the LIE DrOit Park Association
taken by Gen. Birney to prevent the reconstruction
OF the fence. Mr.. A. s. WOrthington, counsel for
the association, and Mr. W. Scott Smith, the
search OF Chief Justice Bingham. They found
him, and after hearing their statements the Chief
Justice decided not to accept the bond and let the
order issue until after o hearing this morning
vented the Park Association from reconstructtng
or maintaining the fence II reconstructed. II It
had been issued the Park Association expected
that the fence would have been torn down again
THIS morning. and they would have been power
less 70 interfere. Even the park policeman would
have had TO lower his baton before the august
power OF the court
THE HEARING THIS MORNING.
This morning Gen. Birney, on behalf OF his eli.
ents and Representative Butterworth, Mr., Worth
ington, Mr. smith. and other gentlemen interested
Birney asked the court 10 issue the order
prepared last evening to restrain the
defendants from erecting and maintaining fence.
Mr. Morthington argued that the order should be
modlned, Claiming that IL would substantially
LEND the sanction Of the court to acts or violence
dnas as tme fence was now In position, such an
as they had done before, and restrain the defen-
dants from interfering In any way. Gen. Birney
animated that the fence had Teen put up to defeat
the expected action or the court.
Mr.. smith stated that he was not aware that
Gen. Birney had applied for an Injunction.
THE ORDER ISSUED.
Chief Justice Bingham thought that as the
fence had been standing seventeen years no
harm would be done II 1t should remain as 1t was
until the case was fully heard. He therefore
modified the order submitted by General Btrney
IN accordance with the suggestions or Mr.
Morthington. The order as passed by the
court Is That the defendants or their agents are
restrained from doing any act to change the
status OF the fence, or obstruction existing at
The fence complained OF In said DILL was erected
ana maintained prior to July 81, 1888; 1t being
Inc htent OF this order that said fence or obstruc.
ton shall remain as it now exists until the further
order or the court, to be made after hearing to
be had On the nth day OF August, 1888: provided
that this order shall not be operative until the
complainant shall have nled bond under rule 40
OF this court"
Gen. Birney flied the bond required, and Mr..
WOrthlngton acknowledged service of the order
for the defendants, smith, Gannett and Prince
MI. A. l. Bar0er Is out OF the city.
KxuLTING IN LIE DRorr PARK.
The representatives OF the park association were
high feather after this order was signed. They
Claimed 1t as a victory, as 1t virtually protects
their singular looking fence from being disturbed
until the 18TH Mr.. Banes, who superintended the
demolition OF the fence the other day. said when
seen SEE, BY "a STAR reporter, THAT'S all right. We
Will De there when the time comes" What
amuses LIE Droit Park chiefly, what in
TACT has kept the park In a smiling good humor ali
DAY long Is the fact that Gen. Birney was required
10 give bonds This they regarded as bit OF legal
Irony that was excruciatingly funny when looked
at by a man on the fence. Gen. Birney did
not take the same view Of 1t. He could not see
the fun OF It, As 1t s the park people claim after
working hard to get the fence they are now re-
strained by the court from tearing down their own
work. IL is expected Judge Merrick Will hear the
case on the 18th instant
Mr. W. Scott Smith, president or the association.
was In the best OF spirits this afternoon. ait rs
my day for baseball today he said to a STAR
reporter. 'Gen. Birney went yesterday afternoon:
l think III 70 myself to-day"