Evening star. [volume] (Washington, D.C.) 1854-1972, 1888-11-28
MRS. COLES BAY WINDOW.
The Injunction to Restrain its Erection
Refused by Judge Merrick.

MRS. COLES BAY WINDOW.
The Injunction to Restrain its Erection
Refused by Judge Merrick.
Yesterday afternoon the arguments before
Judge Merrick in the case Of the United States
against Mrs. A. E. Cole and the District Com
missioners for an injunction to restrain the
erection Of bay window by Mrs. Cole, at the
intersection OF Massachusetts, avenue and N
| street, west Of 14th street, we're concluded.
Mr.. Birney. for Mrs. Cole, argued that she
had perfect right to the use of the ground in
question beyond the building line, and was
proceeding under the authority of the District
Commissioners, who were acting within the law
Mr.. Coyle took the broad ground that the fee
! of the streets and avenues to the building line
is in the United States, and that the narrowing
of the carriage-~ay and leaving portions Of the
thoroughfares for parking did not deprive the
government Of the fee.
Judge Merrick said that the function of the
Court in Chancery with reference to injunc-
tional relief was discretionary one. to be ex-
ercised with the greatest care, especially in
the matter of q public nuisance. There are
two other courses open-one to proceed by
Indictment, and the other by q suit at law.
The present course should not have been
adopted, unless the exigency was a very press
ing one. It was not enough for the Attorney
General to intervene to ask for the interposi-
ton of the court, unless the emergency was
one of great importance to the public interest
In this case there was no obstruction of the
public highway. Whatever invasion might ex-
list was within the parking limits of the streets.
These limits have been defined and the parks
are no longer part and parcel of the highway
1t was also strong argument against the
granting of the injunction that the Commits
sioners and the attaches of their Office had
taken no steps in this case. Charged with the
direction of the police they had not seen fit to
take any action, and any interference of the
court would imply lack of diligence on their
part. He would not now give an opinion as to
whether the parties may not be liable to the
United States In the proper form Of proceed
ing. Another consideration was the fact that
the United States can give no indemnity bond
If the injunction were granted and upon re-
view of the case it should be decided that it
was wrongfully granted, the party would have
no redress for losses or injuries sustained.
The effect of this decision is to leave the
owner free to consult her own wishes with re-
gard to going on with the work of building I'M
til the question of the lawfulness of the struc-
ture is finally determined. If the owner chooses
to take the risk she can do SO; the subject re-
mains open to be finally disposed of by a
decision upon the merits and a settlement of
the question of law
CATTLE MARIETTA the Union stock yards,
District of Columbia, 265 cattle were on the
market yesterday and 162 were sold as follows:
Best sold from to nc. per pound; good
sold from 81 to 3slc. per pound; medium sold
from to SIC. per pound; common sold from
to 2s4c. per pound; 103 stock cattle sold to
feeders; 539 sheep and lambs on the
market and all sold as follows: Old
from to &c. per pound. Cows and calves
sold from S25 to $50 each. Marketfor all kinds
Of stock was fair.
FAMILY DIssEysIoNs -Walter Carter colored,
South Washington grocer, was before the Po-
lice Court to-day charged with threatening his
wife. Walter has been arrested several times
on charges OF ill-treating his wife, and is now
under double bonds. The testimony given by
his wife, step-daughter, and mother-in-law was
very conhicting and the case was dismissed
Mrs. POTTER COMING TO ALBAUGH's-Mrs.
James Brown Potter will play her second pro-
fessional engagement in this city at Albaug CHS
next week, with kyrIe Bellew as leading man.
Mrs. Potter, it is said, shows no little advance
ment in her art this season, and has now a
repertory of five plays, which she will give
here as follows: Monday, "Twixt Axe and
Crown" Tuesday, she Stops to Conquer;"
Wednesday, Romeo and Juliet;" Thursday,
Mile de Bressier;" and Friday Lady of
Lyons" The sale of seats for the engagement
begins at Albaugh's box-ofice tomorrow
morning.
FINED FOR AssAULTINa Hrs W1rE-James
Clark, the young colored man who created
some excitement on Pennsylvania avenue near
9th street. yesterday afternoon by assaulting
his wife, appeared in the Police Court this
morning and plead not guilty. Officer Cos
tello, who arrested Clark, saw him strike his
wife twice. Clark denied the charge He
said that his wife went with another woman to
the Baltimore and Potomac depot to see
waiter, and he tried to get her home, but did
not strike her. Judge Miller told him that he
had right to use reasonable means to get his
wife home, but he had no right to assault her.
A fine Of % was imposed.
MARRIAGE LIcENsEs.-Marriage licenses have
been issued by the clerk of the court to
William Ward and Annie Curry; Scott
Fry and Lizzie Williams; Alonzo Twee-
dale, OF Philadelphia and Edith Wall; George
Freeman and Lille May Cogswell: Philip NJ
Edge, of Albemarle Co., Va. and Susie w.
Gardner. of Loudoun Co. Va; Jeremiah Brown
and Nettie Wellington, both of Loudoun Co..
Va; Perry E. Waters and Ella V. Harris, both
of Montgomery Co., Nd; John T. Harris, of
Harrisonburg, Va, and Elizabeth Randolph;
Ernest Rauth and Luise Walker; r. d. Hutch
ms, Of Alexandria, Va, and Edmonia F. Wal
ker, of Petersburg, Va; W. F. McAllister and
Millie p. Mulcahy; NJ. NJ. Smith, of Allegany
county, Md, and Sarah Mccoy; E. ]. Short and
Mamie Altman; Chas. T. Kent and Nora Esk-
ridge, both Of 'Fauquier county, Va; John H.
Tatspaugh and Mary E. Corcoran; Chas. Jones
and Mary Washington: Elton H. Jackson and
Laura B. Williams; Chas. H. Boston and Mamie
9: Crunmin; Henry Littleton and Addie Z.
Field
DAVID CoPPERFIELD," in which play Mr..