Evening star., 1898-12-09
OPINIONS IN LOCAL CASES
Action Of Court of Appeals Upon Proceedings
in Lower Tribunals.
Lien of Those Who Furnish Labor and
Material-Verdict Awarding
Damages Affirmed.

Among the opinions handed down late
yesterday afternoon by the Court of APP
peals the following:
United States of America to the use of
the Vermont Marble Company, appellant.
against August Burgdorf and George A.
Shehan. appellees: opinion of the lower
court reversed. The appellees were sure
ties upon the bond of w. W. Winfree, a
contractor who agreed to erect an amuse-
ment hall at the Soldiers Home for $64, ,OO0
the amount of his bond being $4,000. His
material was purchased from the Vermont
Marble Company, but. he failing TO make
certain payments that were due, proceed
ings were taken in court to recover from
the bondsmen. The jury in the trial court
was directed by the presiding judge to
turn a verdict for the defendant.
Regarded With Favor.
Tn commenting upon the case Mr.. Justice
Shepard, who wrote the opinion, among
other things, said:
The claims OF those who furnished la
Dor and materials In the construction of
buildings for private owners have for many
years been regarded with special favor by
legislatures. The evils arising from fail
ures, and sometimes frauds. of contractors
and owners were considered so serious and
wide-reaching as to require remedy upon
considerations of sound public policy; and
upon improved property were generally
acted by the states and have been continued
In force, with a tendency rather toward the
extension of their scope. Congress long
since adopted the same general policy in its
legislation for the District of Columbia.
This idea of public policy, however was
not stretched to the extent of giving such
liens upon public buildings, other import
ant considerations stood in the way. The
evils, therefore, that were in part rernedied
through legislation in respect of private
building and contracts remained and in
creased in proportion with the enormous
public works in which the United States is
constantly engaged until the statute here
matter recited was enacted, with the in
tent TO meet and mitigate them.
The obligation of this statute falls di
rectly upon the person to whom contract
shall have been awarded as condition
precedent to his entry upon its performance.
1t commands him to execute a bond with
sufficient sureties. conditioned. in addition
to the faithful performance of his contract
all persons supplying labor material In
the prosecution of the work. The practical
effect of this statute IS to confer special
lien in favor of such persons"
Decisions Affirmed.
Other opinions were:
United States. appellant, against John c.
Groome, appellee: decision of the lower
court affirmed; opinion written by Mr.. JUS
tice Shepard. Suit was entered in the court
below by Groome to recover $500 from
William F. Rosboroush and Frederick S.
Coburn, claimed to be due on certain notes
held by Groome against the defendants as
partners In drug store at the southwest
corner of 9th street and New York avenue.
After the store had been sold by the United
States marshal one-haf of the proceeds
were awarded by judgment to the United
States and one-half to Groome The Court
OF Appeals was asked to set aside iudg-
nent of $S1S awarded Groome.
Norma W. Jones against Walter II.
Wills: Judgment of the lower court affirm
ed: opinion written by Mr.. Justice Morris.
The action below was to recover damages
for alleged libel, Mrs. Jones being awarded
the sum of 5000. She was formerly the
wife of Mr.. Wills. but they were divorced.
Later they had some difficulty in relation
to business and. it was charged, Mr.. Wills.
who published trade paper. on two occa-
sions libeled his former wife through its
columns.
The Court of Appeals late yesterday after
noon granted the motion that its order
overruling the petition for mandamus or
certiorari in the case of ]. H. Adriaans
against /. G. Kimball, judge of Police
Court. be recalled This action was sought,
1t is understood in order that Mr.. Adriaans
might carry the matter to the Supreme
Court Of the United States.
Other Opinions Rendered.
The Court of Appeals this afternoon hand
ed down its opinion In the case of Mary J.
NiCI1tiue, dppeiidfil JONI w. fLOSS,
John B. Wight and William NJ. Black, in
their capacity Commissioners of the Dis
trict of Columbia. The decree of the lower
court IS affirmed with costs, the opinion be-
ing written by Mr.. Justice Shepard
In the case of Thomas Babbington and
John NJ. Kerrigan, intervenors. appellants
against the Washington Brewery Company
and John A. Boland. the appeal was dis
missed with costs. Mr.. Chief Justice Alvey
wrote the opinion of the court