The times., 1899-01-04


was decided upon at a meeting of the
justices of the Supreme Court, sitting in
general term yesterday morning.
The proposition to adjourn all branches
of the courts for two weeks originated
with the Washington Bar Association,
which urged the necessity of such a
course, in order that its legislative com
mittee and other members who might be
called to assist it would have ample time
TO examine the new code of laws formu
| lated for the government of the District
of Columbia by Associate Justice Walter
S. Cox.
AT first ii was believed that recess
would be taken in all the branches of the
District Court, but after discussing the
matter it was decided that on account of
the great amount Of business awaiting
consideration, especially in the criminal
| courts, that such a lengthy adjournment
at this time would be unadvisable. In
consequence it was determined by the
| bench that the postponement of those
cases requiring a trial by jury would give
the members of the bar the time desired
| fer an examination OF the new code.
! AS is customary at the beginning of the
| year, there was a reassignment of the
members of the bench. all of whom have
| been changed. with the exception of Jus
tices Cox and Bradley. who will continue
! in Equity Court, No. l, and Criminal
| Court, No. 2, respectively.
Justice Bradley, however. will also pre-
side in Circuit Court No. ], made vacant
! by the transfer of Justice Cole to Grim
| inal Court No. l. until Chief Justice Bing-
| ham, who is still confined to his home by
! the grip, is able to resume his work on
the bench.
The other assignments are: Chief Jus
/ tice Bingham, from Criminal Court, No. l,
! to Circuit Court, No /; Justice Hagner,
| from Equity Court, No. 2, TO Circuit Court
No. 2; Justice McComas. from Circuit
! Court, No 2, 10 Equity Court, No. 2; JUS
tice Cole, from Circuit Court, No. /, to
| Criminal Court, No. l, and Mr.. Justice
| Bradley TO the Orphans Court, in place
| of Justice Hagner; United States District
| Court, Justice Cox.
From the above it will be seen, as stated
above, that Justices Bradley and Cox will
continue to preside in their respective
courts. Ii is. however, very probable that
| after March next. when Justice McComas
resigns from the bench 10 take his place in
/ the United States Senate there will
+ be another partial assignment of the Jus
I tices.
There will, it is understood, not be a
/ complete adjournment of all the branches
/
/ Justice Cox will continue the work in
! Equity Court, No. l, daily and as there are
/ several matters under consideration by
! Justice Hagner these will also be disposed
Of in regular order. Justice McComas will,
il is understood. also hear motions every
morning in Circuit Court, No. 2.
After the general term meeting, Justice
Cole opened court in Criminal, No. 1, and
organized the grand jury. The petit iu-
| ries in the different courts were discharg-
ed until January l6. except in Criminal
Court, No. 2, where the iuries We're dis
charged until the list Of February. The
petit juries in Criminal Court No. and
| Circuit Court No. ! were discharged by
/ Justice Bradley.
The Court of Appeals for the District,
| on motion of Mr.. A. s. Worthington, also
! took a recess for two weeks. During the
day, however, number Of decisions were
handed down.
One was in the case of Otto A. Pechstein
against Charles Emory Smith in his official
! capacity as Postmaster General of the
| United States, in which the judgment OF
Justice Cole was sustained by Chief Justice
| Alvey, who rendered the opinion OF tine
Court of Appeals. The suit was brought
against Postmaster General Smith and
Joseph p. Stewart, for the purpose Of COM
pelling the first named defendant to can
surety for Stewards carrying out GER
tract for carrying the United States
mail. In his petition for injunction Pech-
stein alleged that his signature to the con-
tract was obtained by fraud.
Another case of local interest which was
! disposed OF is that Of the Litho-Marble
| Decorating Company against John W. Al
baugh and others, in which the former
sued for a balance for work done on the
Lafayette Square Opera House. Mrs. Har-
| riet- s. Blaine, from whom the lot upon
which the opera house is built, was leased
for a term of ninety-nine years, was also
made a party TO the suit. In the lower
court the plaintiff obtained a judgment for
| S1,3l150, and both parties appealed from
| the decision.
The opinion, OF the court announced by
Mr.. Justice Morris dismisses the bill of
complaint so far as it referred to Mrs.
/ Blaine. The decree reverses the judgment
Of the lower court as 10 the other parties
and orders that they shall apportion the
costs equally between themselves.
Richard p. Anderson and Franklin H
MaclSey and others, appellants, against
John Reid; order appealed from reversed
and cause remanded to the Supreme Court
of the District of Columbia, with directions
TO dismiss the bill Of complaint: opinion by
Mr.. Justice Morris. The action was one
in eiectment.
Arabella ID. Snnott and others against
| Mary Louise kenaday, executor OF Alex NJ.
! Kenaday, deceased; order of the court be-
| low approving and passing the account OF
the eXecutriX reversed and cause remanded
I that the account be restated; opinion by
| Mr.. Chief Justice Alvey The questions at
| issue were the construction of the will Of
! the deceased, the power and the jurisdic-
tion Of special term Of the Supreme Court
of the District of Columbia sitting TO trans
Z act Orphans Court business.
| Keane and others against Chamberlin
and others; decree reversed with costs and
cause remanded with direction to sustain
the demurrer and dismiss the bill to the
extent indicated in the opinion and for fur
ther proceedings not inconsistent there
! with: opinion by Mr. Justice Shepard
| Wills against Jones: motion for reheaf-
ing denied; opinion By Mr. Justice Shepard
William Esty appellant, against Robert
! W. Newton, patent appeal; decision af-
| fTmed and proceedings of court certified to
the commissioner of patents as required by
| law; opinion by Mr.. Justice Shepard.
Adeibert Lee Traver. appellant against
! Eugene II. Brown. patent appeal; decision
| affirmed and proceedings certified TO com
missioner OF patents; opinion by Ar. JUS
tice Shepard.
John J. Cain, appellant, against Kennedy
Park, q patent appeal; decision awarding
| priority 10 Park affirmed and proceedings
certified to the commissioner of patents;
| opinion by Mr. Justice Shepard.
I
For Police eParnphernnIin.
On the recommendation OF Major syl-
|