Evening star., 1895-06-07
STREET INSTRUCTIONS
One Batch Of the Gases Up in the Police
Court
Many Merchants Go to q Higher Court
Fines Imposed on Some
of Them.

The police cases known as the street OBJ
struction cases, in which the occupation OF
public space for private purposes Is
charged were called in Judge KimbalFs 8
court at noon today, and thirty-seven firms
were represented. These firms are in bus
mess in all sections of the city, but most
of them are in business in the vicinity of
Louisiana avenue and B streets, not far
from the Center Market. Butchers, hucks-
tiers. lumber dealers and others were among
tho. defendants, and some of them plead
guilty, while others plead not guilty. Those
who were not represented by counsel were
first tried, and Judge Kimball simply re-
iterated his decision rendered some weeks
ago. The United States. the Judge said,
owns from building line to building line,
and the owners of stores cannot use the
sidewalks fol business purposes in the mall
ner charged. Owners of buildings certainly
cannot rent even the four feet allowed to
others. Some of the cases, the judge said,
have gone to the upper court on claim
that possession for more than twenty years
gives the right to occupy the space charged
But, said the judge, no such doctrine can
be sustained, as government property must
be acquired by grant or conveyance, and
not by occupation.
do you want fines imposed In the caSeS?'
the court asked of Mr.. Pugh
Il think not. your honor" answered Mr..
Pugh. All the District wants is for these
people TO NacdtS the spaces occupied.
The defendants in the first batch of cases
were Frank Robertson. George W.Bowbeer
VIM. Mckenzie and Robert Lowe. Robert
son and Bowbeer are Louisiana avenue
the stone business They were fined s25
each and We're given one week in which to
vacate the spaces they occupy.
William Jardine was next heard, because
he has stone on the parking. He makes
tombstones, and the stones on the park he
claimed. are works of art.
But Congress has the right to pass upon
works of art and designate the places
WEere they are to be located said the
judge.
He promised to remove the stones, and
sentence was suspended as in the other
cases.
Mr.. Pugh next called the cases of Mich
olas t. Redman, w. H. Walker, David
Notes and Gonser Gonsapo. the last men,
toned being the keeper of a peanut stand
at 10th street and Pennsylvania avenue
He thought he was not violating the law
as there are other stands in the same
neighborhood and their owners We're not in
court.
The Louisiana avenue dealers asked for
time to remove their stands.
How much time do you want?" the
court asked.
Two months" answered one of the
dealers.
That's too long" said the judge. I'm
willing to give you reasonable time. but
that's not reasonable"
They were given one week, and execution
of sentence was suspended.
Mrs. Fannie Greenapple was reported
sick and her case was continued.
W. H. King, Krey and Price and George
A Sheehan had vacated and their cases
were nolle pressed
Lawyer w. F. Mattingly appeared in the
cases of C. T. Schneider & Bro. H L. Bis
coe and j. ]. Torbert Francis Belt and w.
H. Dyer. Smith Pettits and James Dripps,
w. T. Galliher & Bro, w. A. H. Church,
and ThoS. P. Stephenson, E. E. Jackson K
Co.. and Frank Libbey and Benjamin Mil
Ter. In these cases counsel had obtained a
writ of certiorari, and the cases will be
heard in the upper court.
Similar action will be taken in the case
of Murray & Forsberg, Alfred G. Uhler and
John T. Springman.
There We're also charges against Clayton
Enrich, John C. Isel & Co., Leo. Donald
son, Lemuel Weldon, Joseph Gamble, John
w. Robertson and Edward Woody. Their
cases went over until Monday, because of
the absence of their counsel and warrants
We're sent out for several persons. who
failed to respond.