davidaulloa/AmericanStories huggingface dataset:
Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-03-25
THE LIQUOR LICENSE TEST CASE.
The Arguments for the Defense Continued
Before Judge Miller Today

The Arguments for the Defense Continued
Before Judge Miller Today.
Yesterday afternoon in the Police Court
after The STAR report closed in the Bush
liquor case, Mr.. Clarke. for the defense. con-
Guided his argument and Gen. Birney, also for
the defense. begun his argumrnt. Gen. Birney
said he noticed that there had never been any
thing said to indicate a claim that the holders
of licenses under the act OF 1871 were liable
under the new law during the present license
year. He said he had procured from
the license clerk copy of the regula-
tions under which the contract between the
Commissioners was made. Reading the con-
tract he said his client had been given the right
under il to do certain things until November of
this year. He held that the contract must GER
tainly hold good until the expiration Of the time
stated therein. Referring to the decision of the
Nau case he said that under that decision the
license under the act of 1921 assumed the form
Off revenue tax. He argued that such being
the case it was certainly not in the power Of the
court to exact an additional penalty as though
q police law had been violated.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-03-25

AN IMPORTANT OPINION FROM THE DISTRICT Law
oYTIcER-rHE PowrR TO LEarsLArE-rHE
coMMIssIoNKIs CAN FIX RATES AND xNyo1cE
PArMHNr-A act CT REGULATIONS.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-03-25

rcur.sCold.. Coughs. Sore Throat. Group. Influenza
whooping Cough. Bronchitis and Asthma certain
cure for Consumption in first stages and relic.
IN advanced stages. Use at once. You will see the
excellent effect after taking the first dose. Sold BY
dealers everywhere Large bottles. so cents and 81
n4-tu- thSs6m
Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-03-25
GEN. BrRNEY RESUMES TO-DAY.

This morning after the regular session Of the
court Gen. Birney resumed his argument. He
proceeded to argue upon the right of Congress
to enact measures for the condemnation of
property for public uses, but he maintained
that Congress cannot take private property for
public use without Just compensation.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-03-25

THE CONCLUDING ARGUMENT OK BOTH SIDES
AFTER CHARGE FROM JUDGE n coMAs THE
JURY RErIREs TO CONSIDER THEIR VERDICT.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-03-25

Gen. Birney, continuing, said having proved
that this license was clothed with all the for
malities of a contract. and that for q considera-
ton paid by Bush the privilege was granted to
him of continuing his business until
October 81. 1898, his rights became
a vested right Of property, not to be taken by
Congress. except under the right Of eminent do
main. before a proper tribunal with an oppor-
tunity TO him to appear and prove by witnesses
the value OF the property taken from him.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-03-25
JUDGE MILLER's REMARKS.

Judge Miller said that that was the very pith
Of the case. There was no question about the
repeal OF the act of 1871. and all the authori-
ties thus far produced are in support Of that
idea. II is also true that the Commissioners will
grant no licenses under the old law and the
regulations surrounding it. He thought that
the two acts could not run concurrently and
the question was whether the contract, as
claimed by the defense. between the District
and the holder of the license WAS still binding
The court referred to the O'Donnell case and
said that if persons holding licenses under the
old law are entitled to continue business there
can be no prosecutions against them for viola
tIons of the Sunday or after-hours law, for the
reason that the law imposing the penalties has
been repealed
Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-03-25
A QUERY BY JUDGE KIMBALL.


During the discussion Judge Kimball asked if
the Commissioners did not hold back licenses
for some time after November in anticipation
of Congress giving them n new law and if when
1t was thought there would be no law enacted
they did not grant the licenses.
That is true" replied Gen. Birney, land il
was done because the Commissioners did not
want to do an injustice to the liquor dealers.
They wanted them all under the same licenses
and regulations and on exactly the same
footing
discussion between the court and counsel
followed about the action of Congress in pass
ing the bill at the last hour, and the intent OF
Congress also discussed
The bill. Gen. Birney argued, was voted for
by friends and enemies Of the saloon men and
II was certainly understood by them that sec
ton seventeen made good their old licenses and
protected them in their sales under it
Gen. Blrney was making his argument: when
report closed.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-03-25

A NJ TINE YOU WANT ANYTHINe PRrNrIp
- sd evt 40 2 HuRky come % THE LAW n
fkiNrING-ENokAvINo- Noted for FINE WoRk
u W. MOORE. Manager mhlG
Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-03-25

j. fT.u E,ALk k SONS sos 10Th ST Nv.
Clay and Tue Asesstos flns Lining. Pulp. sisssSc
Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-03-25

gress approved March 8. 1859; Nav 81, 1862:
March 8, 1868; June II, 1864; July IS, 1866, and
July IA. 1870, in regard to the water services
| OF Washington AMI Georgetown. The act of
March 3, 1882 conferred the same powers sub
| stantially upon the late corporation Of WASH
/ tngton that chapter of the Revised Statutes
was designed to confer upon the legislative
assembly. The codifers. in preparing
the Revised Statutes OF the District surprising
that the Legislative assembly would be contino
ued, simply used its name instead OF that
Of the corporation Of Washington,
which before the approval Of the code was
abolished subsequently Congress recognized
this defect in the law, and by an act approved
June 10. 1879 (2i Stat, 81, remedied It by in
l cooperating into that act by reference the
provisions Of chapter 8 Of the Revised
Statutes, except such powers. duties and
limitations as were reserved to the chief OF
engineers, so that chapter 8 Of the Revised
| Statutes Of the District may now be construed
as though it read the Commissioners shall have
authority, &c, instead the legislative assem-
bly, shall have authority, &c
1T is rule in the Interpretation Of statutes
that where subsequent statute refers TO the
provisions OF an older one which has expired or
has become imperative, the provisions
20 far as it is not inconsistent
With the subsequent act Especially 10 this the
result when both acts relate to the same
| subject. For these reasons I think the Com
missioners have now as much legislative power
| In regard to water main taxes. &C., as
Congress intended by chapter Of the
Revised Statutes Of the District to confer upon
the legislative assembly, aud that IL ID compe-
tent for the Commissioners to repeal that por-
ton Of the act Of the Legislative assembly
approved June IS, 1873, lsvying q
spesial tax Of one and quarter cents per
square foot to defray the expenses Of laying
water mains and to change the principle OF
assessing such taxes from the area to the front
foot and to provide for their collection.
II the District legislature had lived to
enjoy the authority Congress intended TO
confer upon it by chapter Of the Revised
Statutes there can be no doubt that it could
have altered. amended or repealed the act of
June -, 1879 II tins b 20 then IL rssults
Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-03-25
A CASE IN MISSOURI.


Gen. Birney cited the case Of Andrews vs..
the state Of Missouri, decision upon the act
regulating dramshops, reported in tho 2sth
Missouri. Under this decision il was held that
only dram shops could sell liquor in quantities
less than one gallon, but that g-ocers' licenses
obtained prior to that act we're not affected
thereby.
The legislature" he read from the decision
"cannot revoke licenses that were bought and
paid for, but they can enact law providing
for the repeal Of the act granting the licenses !"
THE oDoNSELL CASE
Before taking recess Mr.. Clarke said that
the defense had not had the benefit Of the
ODonnell decision so often referred to and
asked the Judge if he would not give the de-
Tense idea of that decision.
Judge Miller said that O'Donnell was COM
planned against some time in the winter for
keeping an unlicensed bar prior to March 8,
1898. The charge was regularly made and the
case set for trial. but the time Of the trial was
subsequent to March 8, the date Of the going
into effect of the new law. There was no
trouble about hearing the case, but when it
came to imposing a penalty the court was
powerless. as the law providing the penalty had
been repealed.
But in that case" remarked Mr.. Clarke"
the defendant had no license at all"
None whatever" said the Judge. land the
case is fully covered in the Maryland and Mis-
souri, decisions" The court then took recess.
Weekly expositor. (Brockway Centre, Mich.) 1882-1894, 1893-09-01
Badly Wounded,

At q particularly intense part of the
battle of Round Mountain, a Union
captain stood beside his horse scan
ming the field with his glass and di-
recting his troops He saws it seemed
as if the fire of the whole Confeder-
acy was centered on him, the bullets
were so thick around him. Suddenly
he heard minieball singing in the
air, and he felt something strike his
leg. But the occasion was urgent and
he kept up his glass. There was an
other 'ping-g-g," and he felt another
strike. And so it continued Finally
the battle was won. With a long
drawn sigh the captain turned He
shouted TO his orderly at little dis
lance: I'm wounded, Jim. Come and
help me on my horse. / must 90 home.
It's my last battle" mo, l guess
not" replied the orderly. Whats
the matter? Come, hurry up I'm
wounded" IF you want me to help
you, come here" sang out the orderly.
but what's the trouble? Why can't
you come here? Don't you see I'm
wounded and almost dying?" 'Oh,
no, you are not" sang out the order
ly. Come here instantly, you ras-
cal, shouted the commander mo, l
don't; that's the biggest nest of yellow
jackets there l ever saw in my life"
was the laughing reply of the orderly.
The storming swarm of hornets were
the only mimic balls that had struck
him.
Weekly expositor. (Brockway Centre, Mich.) 1882-1894, 1893-09-01
A Yeteran,s Patent.

A Philadelphia war veteran has
patented a device for protecting sol
diers to a considerable extent from an
enemy's fire. 1t is folding shield of
bullet-proof material, circular in form
which can be fixed to barrel of a
rifle. Its diameter is eighteen inches
and the surface is corrugated for the
purpose of DETECTING bullets. The in
ventor does not pretend that it fur
nishes complete protection, but he be-
lieves that it would be found
indispensable by skirmishers and in
general engagement would be tho
means of greatly reducing the casual
ties When not in use - can be fold
ed into portable compass and worn at
the side like a bayonet. When ex-
banded and fastened to the rifle barrel
an aperture on the line of sight is
shown which enables the soldier to
take aim and use mis- piece effectively.
The idea of the invention is already
applied to large rifed guns on vessels
of war. The inventor has brought
his device to the attention of military
experts and they have Endorsed it as
practicable in operation.
Weekly expositor. (Brockway Centre, Mich.) 1882-1894, 1893-09-01

continued in completing the line of
fire all around the basin.
While it is difficult TO imagine what
this piece de resistance in the White
City's architectural beauty is like, as
description never can unfold its
splendor, it would be quite as great a
mans fancy TO conjure up such glori-
Gus effects with the Grand Basin as a
potent factor in them. Hamlet with
the melancholy Dane omitted would
be a very mild way of stating the case.
Throughout the whole arrangement,
the water of the lagoon is the
accessory that could not be
left out any more conveniently
than the gondolier with his broad,
colored sash be taken from his place
on the deck of his craft. The pict-
uresque whole, which seems to be the
multiple, rather than the sum OF all
its parts would have suffered division,
not substraction, had any other scheme
been introduced. And, take it all in
all, think every visitor to Chicago
whose intelligence responds to the
effects which abound there will be
ready 10 assist on a modification of the
"See Naples and die" remark to "See
the Worlds Fair, and be glad you're
living"
Weekly expositor. (Brockway Centre, Mich.) 1882-1894, 1893-09-01
rhenn Excavations to the West.

An exceptionally favorable opportunity
for visiting the richest end most productive
sections OF the west and northwest will be
afforded by the series OF low rate harvest
excursions which have been arranged by
tho Northwestern line. Tickets for these
excursions will be sold on August %, Sep
TENDER II and October 10, 1898. to points In
northwestern Iowa western Minnesota,
rsrth Dakota, South Dakota, Manitoba,
Nebraska, Colorado, Wyoming and Utah,
and will be good for return passage within
twenty days from Cate OF sale. stop-over
privileges will be allowed on going trip in
territory to which the tickets are sold. For
further information call on or address
ticket agents OF connecting lines Circulars
giving rates and detailed information will
TO mailed free upon application TO w. A.
Thrall, general passenger and ticket agent {,
Chicago & Northwestern Railway, Chicago
Weekly expositor. (Brockway Centre, Mich.) 1882-1894, 1893-09-01
sIOo Reward 500.

The readers Of this paper viii be pleased to
learn that there is at least one dreaded disease
that science has been able TO cure in all its
stages, and that is Catarrh. Halls Catarrh
Cure is the only positive cure known 10 the
medical fraternity. Catarrh being con-
stitutional disease, requires q constitutional
treatment Halls Catarrh Cure is taken in.
tcrnally, acting directly upon the blood and
mucous surfaces of the system, thereby de-
stroying the foundation Of the disease, and
giving the patient strength by buildngup the
constitution and assisting nature in doing its
work. The proprietors have so much faith
in its curative powers, that they offer One
Hundred Dollars for any case that it falls TO
cure. Send for list Of testimonials.
Address, +. j. CHENEY Il CO., Toledo, u
tf5- Sold by Druggists, Zoe.
Weekly expositor. (Brockway Centre, Mich.) 1882-1894, 1893-09-01
sIxtY-fve RnsheIs Per Acre.

This remarkable yield was reported
to the John A. Salzer seed company,
La Crosse, Wis, by Frank Floss Of
Iowa, on n field of Salzer's Worlds
Fair Winter Wheat. Speaking of
wheats, this new variety takes the
cake. Several farmers who tried it
during 1898 believe they can raiss 100
bushels per acre. His northern grown
wheat sorts, as also his grass mixtures,
can be sown with success as late as
Nov. 10. Salzer will send free pack
age of Worlds Fair Winter Wheat and
his fall catalogue if you will cut this
out and send me to John A. SalzeS
Seed company, La Crosse, Wis.
Weekly expositor. (Brockway Centre, Mich.) 1882-1894, 1893-09-01

The first and most salient point of
the French army seen from within is
the mixture OF social rank Now, this
mixture, which might in many
societies be n source of weakness,
may be said here TO be one of the
principal causes of the recuperation
of the country. 1t is, believe,
unique experiment TO lay the military
law equal upon the shoulders of every
citizen, of whatever rank he may be,
says the Contemporary Review.
The nearest approach TO the French
universal conscrip,ion is to be seen in
Germany, but even there the absolute
equality of men before the law is far
from holding good. Promotion from
the ranks is almost unknown; the
rich, who can afford a university
education for their sons and who can
pay sum of money to the govern
ment, exempt them from all serious
soldering. These young men pass a
few weeks in barracks and asterward
attend a specified time of drill, while
they are allowed to lodge outside
quarters and TO follow their ordinary
civil occupations in the university.
This lasts, if | am not mistaken, for
one year, when they pass into the
reserves of officers.
Under the French law every m an
without exception serves in the army
for at least one year. During that
year he is merged entirely in che
private soldier. His social rank. II ne
has one is completely ignored; the
officers who command him regard
merely his efficiency and his faithful
ness to duty, and if any difference is
made between man of some educa-
ton and the peasants around him il
Is in the direction of putting him into
the Peloton d'Instruction--a species of
school drill-where he may earn in
six months or year the grade Of cor
poral, but in which, on account of the
extra duties the place involves, the
life is harder in manual labor and has
less free time than that of the IMAM
bilious trooper outside.
1t must not be inferred from this
that the Peloton d INSTRUCTION stands
apart. 1t is held merely during the
hours which are otherwise free time
Nor must it be imagined for moment
that n man of richer class than his
fellows necessarily belongs to it or
that men of such class form the ma
jority of its members. There may be
in n company or battery from six to
eight eleves caperauX, and in whole
regiment less than that number Of
gentlemen.
The elevation to the grade of re-
serve officer is also proceeded with in
a manner very different from that
obtaining in Germany. The places in
the reserve are given in part TO the
retired officers of the active army and
in part to those men who have fol-
lowed the Peloton d'Instruction for at
least one year, and who at the end of
that time are competent TO pass a
special examination.
Weekly expositor. (Brockway Centre, Mich.) 1882-1894, 1893-09-01
Rev. Josiah Strong.

Rev. Josiah Strong of New York
who has just been chosen one of the
vice-presidents of the American lnsti-
tute of Sociology, recently organized
at Chautauqua, was born at Naper-
vile, Ohio, in 1s47. He was gradu-
ated at the Western Reserve college in
Ohio and studied theology at the Lane
seminary. After holding Congrega-
tional pastorates in Hudson, San
dusly and Cincinnati he became sec
rotary of the Evangelical Alliance of
the United States.
Weekly expositor. (Brockway Centre, Mich.) 1882-1894, 1893-09-01
One of DE. Holmes, Jokes.

"a few years ago, says DR.. Hale in
his "reminiscences of DIR. Holmes in
McClure's Magazine, "ln a fit of econ
omy our famous Massachusetts His
torical society screwed up it's library
and other Offices by some fifteen feet,
built in the space underneath and
rented it to the city of Boston. This
was al very well for the treasurer,
but for those of us who bad passed
sixty years and had TO climb up some
twenty more iron steps whenever we
wanted to look at an old pamphlet
in the library it was not so great a
benefaction. When Holmes went up
for the first time to see the new quar-
tiers of the ociety he left his card with
the words, %. w. Holmes, High-story-
call society,""
Weekly expositor. (Brockway Centre, Mich.) 1882-1894, 1893-09-01
A Touching Incident.

A prominent citizen of Versailles
visited Camp Robinson and remained
on the ground until the hour for re-
firing for the night. Every thing being
calm and quiet he concluded to walk
around and see and hear what he
could. His ear soon caught the sound
of prayer, and, upon nearer approach,
he found that it proceeded from tent
occupied by some Tenneseeans. These
pious but prosecuted men were en-
gagged in solemn prayer to the Al
mighty, invoking His kind care and
protection over their wives and little
ones left behind in their once happy
homes Although not much given to
a melting mood, our friend could not
restrain tear of sympathy. He felt
grateful that he was citizen of Ken
lucky, and he felt his soul strength
encd to battle for her freedom to the
last extremity Mrs. Wcrt's Scrap
Book.
Weekly expositor. (Brockway Centre, Mich.) 1882-1894, 1893-09-01
Tender Memories.

The West Point chapel has been
called the Westminster Abbey of
America, it has such n priceless story
in its memorial tablet of heroes. Also
in the little cemetery lying at the en-
trance of the winding road which
leads TO old Fort Putnam you can
read chapter after chapter of Ameri-
can history. Here is the tomb of Gen
Scott, in honor of whose victory at
Chippewa the cadet grave was
adopted. Here is the name of ARder-
son, of Sumpter fame and of Custer,
the dash of whose charges still stirs
the pages of Indian records
Under slabs of heavy granite old
revolutionary heroes lie side by side
with some cadet just learning the art
of war, says Harper's Bazaar Among
them white marble shaft tells us
that it marks the place where Susan
Warner, the author OF The Wide, Wide
World rests in peace in Christ The
work of this sweet soul has become
one of the traditions OF the army In
many a Western post are to be found
men who like to tell of those far-away
days when they were one of Miss
Warmers boys" For years every
Sunday her sister and herself crossed
from their homes on Constitution
bland in the Hudson, opposite the
Point, in a rowboat to the quaint old
chapel. Here after service they held
u bible class composed entirely of
cadets. Many homesick boy, smart
ing under the sting of military
discipline, has been ministered unto
by these mothers of souls.
Miss Anna may still be seen in all
the delicate loneliness of Dresden
shepherdess with her sturdy flock
about her. A dainty maid, who full
oils Joseph Jefferson's idea Of what a
maid should be-''rosy- checked clear
eyed and smiling"-carries a basket
3f bouquets, which are distributed as
che class disperses, and come like a
breath of home into dreary tents or
barracks. The name of another wo-
man is associated with West Point his
tory. 1t is that of the beautiful wife
of General Knox, in whose honor the
cadets have named the practice bat
terry, known as Battery Knox"
She is said to have opened the first
ball given at West Point with General
Washington. From that night in
May, 1882, for over 100 years the
Ihyt of dancing feet has marked
Che browning delight of cadet life.
Never mind if the Apollo in gray has
been skinned" because "his collar
was not neatly put on, his shoes not
properly BACKED" or because "his
hair was too long at inspection he still
Can go to hops, those charming hops, where
all Is so exciting,
Sashes red and buttons bright, black eyes that
shoot forth lightningl
In the old mess hall, gay with hunt
ing and adorned with the celebrated
Childs portraits, many young Napo-
leon has met his Waterloo
Weekly expositor. (Brockway Centre, Mich.) 1882-1894, 1893-09-01

A soldiers grave-what valor and what pride
LIE vanqushed here. a prey for busy worms
No boast of martial conquest or the storms
or clustering war, wherein now glories hide
Like cloud-wrapt stars that DER the dark
nisht ride
On chariot wheel OF fire-no mortal woes,
Can wake this warrior from his sweet re.
pose.
Or tempt him from the arms OF his pale bride
Strew flowers here yet spare one tear for
those
spell.
While wandering in the field or shadier dell
AT some fair spot, all blossomed o er with
rose
And daisy, angel-strewn, and immortelle,
thus bethousht me, There some hero
fell. -Rollin Cutter