davidaulloa/AmericanStories huggingface dataset:
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-02-23

by judicial proceedings has been held bv
the supreme Court to be cut OF 10y the
statute of limitations. metropolitan Rail-
way company VS.. District 1872 L. s. ID.
Some Condition Needed.
For myself I do not see how the pend
ing bill can be passed in any form without
waving the causes Of forfeiture provided
by previous legislatSn. 1t seems to me
the only thing TO do is to pass the present
bill with a condition that unless within a
specified time the company pays the Dis
trfct the amount Of the judgment that was
rendered in its favor for paving its chartef
be either forfeited or repealed.
An inspection Of the act of July %
1892, extending the time for the Metropoli-
tan Railway Company to change its mo-
tive power shows no intention on the part
Of Congress TO waive the cause of for
fixture in the act Of 1891. And yet upon
the argument before Judge Bradley Il was
urged with great force of reason by coun-
sci for the company that the mere recog-
milton OF the charter Of the company as
of the cause Of forfeiture. although no
legislative intent was apparent. The judge
took this view Of the matter and dis
missed the information. (See Morawetz on
"A waiver of ground Of forfeiture may be-
come effectual by the enactment OF a SUBJ
sequent general statute which in its effect.
though not in general terms. extends the
AASoObi On sdtel taNs
page 6s)
Some Authorities.
The California civil code tsection 5o2) pro-
vides that the work on a street railway
must commence within one year from the
date Of the ordinance granting the right of
way and filing the articles of Incorporation.
apd the same must be completed within
three years thereafter, and that a failure
to comply with these provisions works a
forfeiture Of the right Of way as well as of
the franchise, unless the uncompieted por-
ton Is abandoned by the corporation with
the consent of the authorities granting the
right of way. such abandonment and con-
sent being in writing.
Said Sharpstein, justice: I'm this case
lPeople VS.. Los Angeles Electric Company
VI, Cal. 1881 there has not been any adjudi-
cauon or forfeiture. Therefore the act rati-
Tying and confirming the ordinance grant,
ing the franchise to the defendant Is not
an act RENTING the forfeiture. but is In
our opinion, an act waving the forfeiture.
III certainly Is an act showing an intention
on the part Of the state that the franchise
shall continue in existence and such an
act will be considered an absolute waiver of
any existing right to enforce a forfeiture of
defendants franchise" See also in re n. Y.
r. r. Co., 20 n. Y. 327.
Respectfully submitted,
s. T. THOMAS.
Attorney for the District of Columbia
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-02-23
An Assistant Wanted.

The United States civil service commits
sion VIII hold an examination on March g.
1884, to Ill vacancy In the position of
assistant division Of vegetable pathology,
department Of Agriculture. at a salary Of
wv per annum. Applicants for the posi-
ton should have a knowledge of the litera-
ture on plant diseases and methods OF in
oexing the same; familiarity with abstract
ing and indexing correspondence and other
matters bearing on the care Of books PAM
phlets and letters. Presons desiring TO COM
pete should obtain application blanks from
the civil service commission and file their
applications at once. Arrangements may
be made to examine applicants In other
large cities outside Of Washington Only
males will be admitted TO the examination.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-02-23
Misses Department.

A special lot Childrens Domestic Bingham
Gumpe Dresses. neat patterns, rnfie over shoulder
trimmed with embroidery, sizes to L. tic .
Fine Pink and Blue Cham5ray Dresses SHRED
waist full empire sleeves, deliberately trimmed
with fine embroidery. sizes to ~. So %
White India Iinon Guimpes, tucked yoke full
bishop sleeves. neatly trimmed with embroidery &c
White India 1inon Guimpes. lace yoke full
sleeves trimmed with embroidery. ......5 Soc
Children's Blouse Waists. white and delicate
shades Of pink and blue, large sailor collar ON
broidered ruiie sizes to IL. .25 and 81 30
Chidren's Wool Cloth Refers, cardinal and navy.
rolling collar, trimmed with white or black braid
si1es = " II. 81 Is
Wool Dresses for school wear. serge, flannel etc.
the latest spring styles, lined throughout sizes
to IA. .x3, Is and &
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-02-23
DIED.


ALLEN. On Tuesday. February 90 1894 NJ Wa.
terbury. Anne Arundel county. Nd, JOHN
ALLEN, aged twenty eight years, leaving
father and mother and sister to mourn his ioss.
Asleep in Jesus, far from thee
BUT thine Is s aaS t ts se.sss . I.ys
From which none ever wakes e weep
ruary "a. at II am. Friends and relatives
invited to attend. Annapolis, baltimore and
Newport, T. L, papers please COPY
BARKER. On February %. 1894 at $50 m,
and a.assisr Of =. is !. sayd ssrh Of
FupersI nsIs ;... r,.o. Prom ,,r ,.,. ,-,..
All Warner street northwest, sunday. at z
O'Clock pm. 0hartinsburg. W. Va. pspers
please copy)
cAan n R q NToSGinaa SA Ess. q 1884, at i,0
May her soul rest In peace
Funeral from the residence of John Welsh. Va. 60
street southwest, Saturday at $50 O'Clock
Am FRIENDS and relatives rsspectfuiiy IN
% p h E1lSss si Gkd nss''- g. 1894
Funeral private.
HoI.zBEIERLEIN. On Friday morning February
., 1924, at O'Clock. woLFGxSG HoLz-i
l2lo L street northwest
Funeral from above address Saturday at pm.
o,s,Oe SIN, pm; TAkkES r con Of csoire W.
Furersl from residence Of parents, zoos ~ street
southwest, Saturday, February "a, at O'Clock
pm.
O'Clock am, MARGARET RksNER, widow Of
the late Conrad Rasner.
northwest. saturdny. February "a. al i O'Clock
pm. Relatives and friends invited 70 sttend2'
ROSS Rev. JACOB ROSS. after a lingering H.
ness his wa,s6 sn he eSIe Sts Christian s, d9,.aas
Rest in peace.
Funeral Sunday afternoon February Is, st Q
O'Clock from Mt Zion NJ. f. Church. 18th
street. Relatives and friends invited to at
tend.
PIsToRIo. Suddenly. +. y. PIsroRIo. eldest q.
pm February -, 1884
vania avenue southeast, at pm. sunday. -
scAGGs, At the residence of Der sister. MT z
scAGGs. in the eighty FIRST year Of her age.
Her funeral services viii take place at IL o'clock
at the home OF Mrs. I. Y. Cenley, Saturday.
February "a. Relatives and friends 10.
SIiMs. On Thursday. February %. 1924, at 10
s SSlSes PM az ps her resiss1se 2 lits s,,cst
s Safe Of Joba smi ~ az
Notice Of funeral hereafter.
ToBN. On Friday. February %. Isss at q
O'CLOCK m. arter a short Illness MAHCAHE
ToBIN. beloved wife OF the late Patrick Tohln.
Funeral from her residence. 1i1e LIST street north
west, Monday, February 20. 1884, at
O'Clock, thence to St. Aloysius Chur-h.
where mass will be said Relatives and friends
respectfully invited to attend =
WILKINS. On Thursday. February % 1924. at 3
pm, Mrs MARTHA WILKINS. widow OF III
late Samuel wilkins
Entered into rest.
Baltimore papers please copyD
WILLIAMS. Suddenly, at 1890 am February
3. 1894, wootmont. Fairfax county. Va.
Mrs. KATE WILLIAMS. wife OF Franklin
Williams.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-02-23
Book Department.

Harpers for March today contains q story
by Mary e. wilkins, part three Of De Maurier's
great story, ''Tribby'' with fifteen illustrations
bv himself and other good numbers. ...... .2Sc.
Mrs Carlisle's Kentucky Cook Book. $50 pages,
containing the best and most reliable household
recipes, many Of them never before published.
Printed on calendered paper, alternate pages
blank for the FASTING writing Of recipes cook
ing suggestions under their proper heading 81 so
basement. .1Ith st. bui,dingD
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-02-23
Children's Cotton Under.
wear

Good quality Muslin Gowns, Hubbard" style.
double yoke back. 3Oc
Good quality Muslin Gowns, tucked yoke trim.
med around neck and sleeves with white or color
ed embroidery NEUTRALITY-SUSPICIOUS.. asc
Good quality Muslin Gowns. yoke Of fine .ucks
rufie Of Hamburg around neck and sleeves, finish.
ed with featheredge braid S0c
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-02-23
Hosiery

You probably have seen the stockings that are
usually called good value at 15c q pair, and, Of
course. you are therefore determined never TO
wear loc Hose But suppose very superior quality
Is offered for 15c. what then?
On bargain counter tomorrow. door of G
st. entrance, will be $50 dozen Hermsd0rf War
ranted Fast Black Hose, with uppers In yellow,
15c pair.
100 dozen Silk Finish Richelieu Ribbed Isle
bose, in Paris style boot patterns. ACC quality
Is dozen Fast Black Ribbed Equestrienne Tights,
open or close, Soc quality for 29c.
OThe above are special bargains secured by
our buyer in New York this week-only Just ar
rived In Washington.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-02-23
Treaaury Ralance

The available cash balance I'm the treas
ury today is $685. $40. 42G: national bank notes
received for redemption. s29e, o63. Govern
ment receipts: Internal revenue, Sss3. sSs:
customs, S41l,312: miscellaneous S4l,oU5.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-02-23

DON'T IRRITATE YOUR LUNGS WITH A STUB
born Cough when a remedy safe and certain az
Dr. ID. Jayne's ENpectOrant cln be SO easily pro-
helped BY Il.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-02-23

The body of DR.. r. s. Addison, one of the
Oldest practitioners in Chicago, was found
last evening under circumstances which
leave no doubt that he committed suicide
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-02-23
Miscellaneous

glance here and there at the little additions
required for Your Sunday toilet:
Look at this new lot OF Roses at 15c per bunch
Note the three roses, three buds and plentiful
foliage Brighten your winter hat for sunday
and be credited with either new one or with
wearing very expensive trimming :. =. Stop at the
Ribbon counter and learn how to make the big
bows now stylish-learn Cor how little the Rib
bons and Laces may be had here. Note that
tomorrows special offering Of Wells 19c includes
those Of Souf1e Net, in black, white black and
white, worth up to 4sc. See the New Pom
padour Running in black and white, at 39c in
stead of Use yard. want a S2.ys Feather Boa
for only 5Oc?......Wen to know that the use
BACK Moire SILK Alasatan Bows. with Point
Venice Lace Trimming, are TO be only CSC. 80. If
your neck 10 somewhat long the Black Neck
Coilarettes. reduced from $135 to SOC and from
Sc to sc each.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-02-23
The Fourth Floor Report
For Tomorrow is Unusually Interesting.


M
b. rd bogals
odem merchants meta 'u'
pa 'o'
NmSf hatursu
o n the pssnde ~ " lug !"
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-02-23


Travelling Goods Dept.
Dress Trunks canvas cover sheet steel bc,.ou
ueep tray rat box, iron binding hard wood Stats
y IN. 80 H. 81 In. "a in. &c in
s2.4a s2.e5 $3.50 $500 si,o
our new Square-top Dress Trunk canvas cover
three lain. hinges. double sheet steel bottom.
brass Excelsior lock, heavy lock bolts. stronc
steer clamps, hickory stats. deep tray with haf
box. ~
- IN. 30 in. 81 i'm. "a in Sc In.
1895 $3.50 $500 $3.50 5000
$3.50 500
Our Capital Dress Trunk two brass ..Exce,
etor locks, eight special steel ratings. four
hinges. two Hasney bo!ts four hickory stats ON
fop three an bottom and two all around body
covered tray ana hat box
% IN. ID in. 81 in. 81 In 80 in
$i.95 $3.50 5000 $3.50 500
is In. 40 Ia.
$50 $500
Sole Leather Dress Suit Gases. hand sevsd
frame, patented brass lock. linen lining.
70 in. 20 In. - IN.
$500 $3.50 5000
Cub Bags. hest quality grain leather japanned
fraEie. cloth lining, nickel-rated lock
~ "a. ii in I: in. Is in. IA in.
soc. SIPS s14J sizes SIS
10 in. 16 in.
$500 SOS
IA strong strap free with each trunk
GFTrunks marked free.
'tth hoor. 10th ST. building)
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-02-23
MAKRIED-

1894, by the Rev. George .. Little, MARTIN
ADOLPHCS LEESE TO FANNIE lsABEI.L
SINCE-L, both of Washington, ID. c.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-02-23
Handkerchiefs-

Little prices for New Handkerchisfs that see
Washington for the FIRST time today. Ready for
you tomorrow:
20 dozen Mems Warranted Ali-linea Habdker-
Sniefs, with i and 11a-inch hemstitched borders.
1sc quality for 13c, two for a5c.
20 dczen Ladies' Extra Fine and Warranted
All Pure Linen handkerchief, with guaranteed
hand-emoroidersd initials. 25c quality for 13c.
These dandkerchiefs memberships they
France.
80 dozen Ladies' Handkerchiefs with lace
edge on hemstitched border. Good 25c value at
only 13c each, or two for price of one-2 for sc.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-02-23
BE SURE You ARE RraHr
THEN GO AHEAD

THEN GO AHEAD
But nrst be very you are right; II Is easy
be decsived-you may be wronr and yet not knowit-
When you 20 to buy bottle Of Carriers LITTLE
LIVER PILLS be sure you get ''c-A-R-T-E-R-'-Ss
then you ar all right and can 60 ahead: you knsv
their value they never fall But don't forget oarla-
junction.
'BE SURE YOU ARE RIGHT
Be sure you ask for CARRIER. :. Re sur,
on get ''c-A-R-T-E-R,s." Frauds and limitations
get the genuine CARRIERS LITTLE LIVER PILLA
APosITIvE CURE FOR SICK HEADACHE
Small Pill Small Dose Small Price myls
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-02-23
"PalaisR 0yal''
Gloves.

Gentlemen not less than ladies will find that
Palais Royal prices for Best Gloves are less than
usually charged and, what is more unusual. re-
naoiity - linked with those al least prices.
Thus We have Ladies' and Mems Gloves at cnly
u q pair that will be tried on at our risk-that
are guaranteed the equal of those usually sold at
$l2o For men are the English Dogskin Gloves,
IN new shades Of red and tans For ladies IRE
the 4outton Kid Gloves. in black, reds, tans,
browns. grays, pearl and, of course. the fashion
able White Kid Gloves, with big black pearl but
tons and black embroidery.
Equally reliable 81 Gloves for Misses, among
which are Foster Hook and 4-button Kid Gloves.
Experts here TO 6t these Cloves ut our risk.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-02-23
A Word to rlen.

Gentlemen will not find a more complete furnish
ing department than first floor, left Of
Y street entrance The new styles generally
nrst seen at the Palais Royal. Tonorrows dis
play and sale Of the Newest of the New Spring
Neckwear Is TO be made specially attractive by the
Offering OF 500 dozen Imperial Fourin-H Hand Scarfs
at only &c for choice. These Scarfs made Of
China Silks, in white and delicate spring shades
with long and wide ends-the regular soc Neckwear
Tor zoe Another price surprise Is 13c pair
for Superior Quality Full Regular Made Half Hose
In warranted fast black. English and ordinary
balbrggan- While not worth &c. they would be
very good value at 19c pair.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-02-23
Judge Bradley Decision.


1t was on this ground that Justice Brad
ley decided against the government He
quoted from Morawetz on private CORPORA
tons, section 102a, as follows: "A grant Of
new franchises to q corporation is clearly
waiver which will debar the state from
proceeding against the company on the
ground of any prior forfeiture 1t seems
that any act OF the legislature imposing new
obligations upon a corpora ton or showing
an intent ton on the part OF the state that
the corporation shall continue in existence
will be considered an absolute waiver of any
existing right to enforce a forfeiture of the
company's franchises"
The pending bill recognizes the present
existence of the corporation and confers
new rights and imposes new burdens upon
1t. This must necessarily be inconsistent
with proceedings which proceed upon the
assumption that the forfeiture is complete:
that there is no charter and no lawful conn
pany, and seeks the judicial declaration of
that condition. And the suggested proyiso
that this clear recognition of the corpora
ton shall not be a recognition of that cor
poration, 1 submit will be Intellectual to
prevent the effect of recognition.
Lack OF time within which to examine the
legal decisions bearing upon the subject
prevents citation of judicial authorities
Respectfully submitted,
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-02-23
Recognition as q Waiver.

That any recognition of this company by
Congress as an existing corporation will
imperil the pending causes. and be used to
defeat them, is plain from inspection of
the pleas depended upon to defeat the in
formation on the ground now under con-
sideration. Those pleas are:
1. Waiver of the causes of forfeiture by
the passage of the act of June IL, 1878,
providing that all street railroad companies
shall pave between their tracks, etc, and
that upon non-payment Of the cost thereof
certificates of Indebtedness shall issue
against their property. CRec. I'D
=. Waiver of causes of forfeiture by pas
sage Of the act of March g. 1889 requiring
groovei rails to be laid, &C. CRec. 1S)
3. Waiver by passage of the act of August
@, 1890, authorizing issue of stock to
cover the cost of change of motive power
and requiring such change within two
years. Rec. 49,
4. Waiver by the passage of the act of
July 30 1892, extending the time for change
of motive power. QSec. 20.)
An inspection of these acts will show that
10 one of them indicates, in any way any
intention in Congress to waive ANYTHING:
the causes of forfeiture are not alluded to,
nor was the matter discussed ESQ far as /
can ascertain), and yet upon the hearing
before Justice Bradley, il was strenuously
charter. as of present existence constitute
ed a waiver of the forfeiture, although no
legislative intent might be apparent; that
is. that Congress might not, on one day,
recognize the corpora ton as such, and On
the next adjudge that at the time of such
recognition there was no charter because
of acts of forfeiture.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-02-23
Picture Department.

II QSoSaS NS Vau NAAASlAOe
Choice Engravings 1lx14, in neat white enam-
eled frames, ribbon pattern. ................23 &c
Dsee display in 10th st. window.
Steel Ensravings. 16x20. framed In n pat
tern Of white-and-gold moulding, with deeply
cut ornamentation. .69c
.DSce display in 10th st. window.
Remarque Proof Etchings, each signed by
the artist, framed In two-inch handpolished
oak moulding, with neat steel lining ...... soc
DSee display in 10th st. window.
Etchings 14x2S, each one signed by the artist,
framed in n rich pattern Of three-inch white
nd-gold moulding, ornamented. ............. 95c
USee display in 10th st. window.
Artotype Engravings, 20x24. twenty-one sub
jects white and gold frames, with ornamented
corners. ..'............... ...........$1 90
DSee display in 10th st. window.
Engravings, 20x24 new white-aId- gold frames,
with ornamented corners. ..................S1 so
OSee display in 10th st. window.
Etchings, 14x2s signed by the artists. deep
0See display in 10th ST. window.
WATER COLOR PORTRAIT, $2.45.
Artisticany executed from a photograph OF any
kind. Threv-qua life size. perfect and salts
factory likeness guaranteed.
CRAYON PORTRAIT, sl.45.
Size 16x2O From any style photograph. per-
feet likeness guaranteed.
(Ath no0r .................... .loth 81. okSI
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-02-23
Have You
Small Feet?

Here IL q lot of Ladies' Fine French
Kid Button Boots, which sold for Sc
and 81 per pair. Narrow and common
sense toe, medium and light soles.
Notice the ridiculously low prices:
Size Width prica Size Uidtb pr,,a
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-02-23
Shoes

Reduced prices of Ladies Winter Shoes include:
styles at 1921, reduced from 50 81 pair
styles at 22I, reduced from x2.y7 pair.
styles at S1.97, reduced from 81 AZ pair
styles at S1.47. reduced from l.97 pair.
All the latest and best. including the Anglo
American styles, in the above lots
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-02-23
ANeWDept.
At The
Palais Royal,

Hair Dressing Department.
The engagement of Hiss
Anna Wiles, eight years
with Mad. Prandi, assures
artistic work, polite and
intelligent attention. The
Palais Royal scale of
charges:
aair dressing .................--...50 Soc.
Bangs Cut and Curled 2Oc
5anSs lliEneu- .loc.
0MRS. SMITH, LATE OF LONDON WILL
REMAIN IN CHARGE Oh MANICURE PARI.OR.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-02-23
THE DISTRICTS CASE
Briefs Presented in the Case of the
Metropolitan Railroad.
VIEWS OF Mr. BIRNEY and Mr.. THOMAS
The Grounds Upon Which the
Governments Case Rests.
B EFORE THE COMMITTEE

The conclusion Of the hearing before the
House District committee yesterday ON
the bill giving the Metropolitan Railroad
company authority to put down the un-
foreground motive system on 9Th street
was that briefs should be submitted to the
committee by the attorneys representing
the government and the company as to the
propositions made.
The brief of United States District At
torney Birney was submitted to the lis
trict committee this morning. 1t is as fol-
lows:
In the matter Of the Metropolitan Rail-
road Company. Memorandum Of authori-
ties on the effect upon the pending pro-
ceedings for forfeiture of charter by the
passage OF the proposed bill.
The proceedings now pending before
the Court of Appeals upon appeal taken
by the United States is based upon two
grounds:
Il. The failure of the companv to nav
the cost of paving between its tracks. as
required by the fourth section OF its char
ter.
Its failure to comply with the act
OF March 8, 1891, requiring the payment
within eighteen months thereafter Of the
full amount of the then reversed Judg-
nent of the Supreme Court, d. c., for Sl41,-
I5O.oo. with interest and costs.
1t is conceded by counsel for the United
void, and this second ground Of forfeiture
cannot be maintained
The first ground-The company accepted
its charter upon the condition that it
should be liable to the payment OF the cost
of the work in question. 1t has. therefore
no standing to complain that 1t should
be now required to perform that condition.
That 1T is a condition OF corporate exist
ence that all acts required to be done shall
be substantially performed, is settled
Chicago Life Insurance Company against
Needles. 113. L. s., ga, $50.
An early case upon this subject was that
of Thompson against The People, o Wen
dell, 55S. In delivering his opinion the
President Of the Senate said: This great
and statutory principle Of preventive rem
edies requires a strict observance of the
conditions Of public grants. and an equally
strict enforcement Of the penalty for their
non-performance, even though that penalty
be a forfeiture Of the franchise granted
II the law abhors a forfeiture, II abhors
still more the continued enjoyment of valu-
able franchises in defiance of the laws
creating them or a non-performance of the
condition originally granted"