The morning times., 1896-05-22
ALLEY LAWS IRE INVALID
None Can Be Opened Until Con-
gress Gives Relief.
CANNOT OBTAIN THE LAND
New Ruling as to the Refund OF
Fees Deposited for Liquor Licenses.
Third Parties Not RecogniZed-Fire
Alarm Boxes Burned Out-Attorney
Blrney's New Residence.

BY reason of the passage of the highway
act and its attempted enforcement by the
District Commiss ioners, decisi ons have
been obtained in the courts which render
invalid the laws governing the opening
of alleys in the District, and until remedial
legislation is obtained no ground can be
secured for alleys, and none can be opened.
The Senate on Wednesday rejected an
amendment which would have In part
remedied the matter, and now the District
authorities will i'll all probability wait
year for relief. The amendment was one
added to the appropriation bili, giving the
United States marshal the same fees for
serving processes in condemnation pro-
ceeding as in other cases, and its omission
leaves no fund from which he can be
recompensed.
AS consequence he cannot be required
to incur the expenditure as it would IN
volve him in personal loss.
CANNOT ASSESS BENEFITS.
Another obstacle is the decision of the
courts as 10 assessments and benefits.
There is fund provided by present law
amounting to $40 900, out OF wntch owners
could be paid for the land, but under the
terms OF the appropriation it is made
obligatory upon the commissioners to assess
the benefits and reimburse the fund. The
decision of the courts in the highway act
proceedings was that prospective Dement'S
cannot be assessed nor can prospective
damages be adludged. This seems TO
forbid proceedings fer condemnauons OF
alleys until the law is amended TO give the
requisite authority to pay direct for the
subsequent essentials.
The Commissioners yesterday practically
established new regulation for the govern
ment of excise matters in which deposits OF
license fees are involved.
ills the custom OF many retail liquor deal
ers to obtain from the brewing companies the
money necessary 10 procure their license,
obligating themselves TO refund at
stipulated rate per month, upon the granting
of the license, or in bulk, in case the license
shall be rejected.
BREWERS HOLD CERTIFICATES.
The brewers hold the certificates OF de
| poSit and usually have an order for the
| collection OF the money on refund. THIS
| custom is now abolished, and in future, the
license fee must be made payable directly
| to the party who deposits it-no third
party being recognized.
The ruling was made at the conclusion
| of a hearing in the case of William H.
Yates. who had given "a receipt for $500
to the Cincinnati Brewing Company, with
orders to the authorities to pay the amount
of the deposit over TO the brewers, in the
event Of rejection OF his application.
Subsequently, he gave an order TO Mr..
| Frank F. Madgan for the amount and for
| E,... 20, bod oil
The question was contested, was referred
to the alto rney for the District, and
came, finally, before the Commissioners
upon a presentation OF the two sides 10
the controversy by Attorneys ndrew Lips
comb and a. H. Beall. representing the
Cincinnati Brewing Company and Mr..
Yates.
Tie board decided against Mr.. Yates
in the pending contention.
During the storm of Monday a fire
alarm signal wire in Georgetown was
| thrown in contact with an electric ligii,
wire and also with live trolley wire
causing the destruction OF six fire alarm
boxes.
CONGRESS MUST PROVIDE.
To renew them will cost S635, and upoI
the suggestion OF Superintendent Miles, o
the District telegraph AID telephone ser
vice the Commissioners have asked The
Secretary of the Treasury TO have tha
amount added TO the pending deficiency bill
A similar request has been sent to eaci
house of Congress.
United States District Attorney a. A
Birney is preparing to have him hand
some thrce-story and basement residenc
| ,I,a For N t1i m
today.
The material is 10 be pressed brick. wit
stone trimmings, and the whole is to b
surmounted by mansard roof.
The building is to cost 81 1000, and Wi