Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-05-24
sUsTAINs DEMURRER.

SUSTAINS DEMURRER.
Action in Controversy Between Rail-
road and Camp Meeting Association.
Special Correspondence of The Evening Star.
ROCKVILLE, Md, May %, 1900.
Judge James B. Henderson has rendered
a decision in the case of the Washington
Grove Camp Meeting Association of the
District of Columbia and Maryland against
the Baltimore and Ohio Railroad Company.
The case was instituted for the purpose of
compelling the railroad company to carry
out the provisions of a contract entered
into several years ago. According to the
terms of the agreement the railroad COM
pany was to furnish three annual passes to
the association, to be renewed each quarter
one for the president of the association,
one to the chairman of the committee on
grounds. between Washington and Wash
ington Grove, and one to the railroad cgent
of the association, between Baltimore and
Washington Grove; to issue six passes to
the members of the board of trustees, good
from April l to September 30; to Issue ten
time passes to the association, good for
the entire month in which camp meeting
Is held; to issue twenty-five round-trip
passes or tickets, to be used by ministers
or workers in going to and returning from
the Grove; to issue round-triD passes or
tickets to stockholders to enable them to
attend the annual meetings OF the aSsocla-
ton.
The bill alleged that recently and with
out legal justification the company refused
to recognize its obligations in the agree
nent and insisted upon its right to treat
the agreement terminated by mere
notice to the association that the company
would no longer observe the requirements
of the agreement. The bill asked for
decree compelling the company to specifi-
cally perform the provisions of lie con-
tract.
The railroad company demurred to the
bill on the ground that the association had
a complete and adequate remedy at law;
because the agreement was defective, not
having been executed under the seal OF the
company: because no mention was made OF
the time the contract was to run. and be-
cause 1t WAS not shown that the officer.
General Passenger Agent Shriver. who
signed the agreement for the company, was
authorized to do So
The court held that If the association
is entitled to recover it has an adequate
remedy at law. and sustained the demurrer
and dismissed the bill.
In regard to the contention of the rail-
road company that the seal of the company
was necessary. the court held that in COM
mon law a corporation could not contract
except by seal. but, according to modern
necessities, it had been decided that a con-
tract of a corporation signed by appro-
pirate officers is valid.
The opinion states: Judging from all the
facts of the case, the contract is per-
petual one, and these passes are to be is
sued for all time. If the company can be
required to issue the passes from year to
year perpetually. in order that the holders
of them may ride from Baltimore or Wash
ington to Washington Grove, then it fol-
lows as a corollary to the proposition that
the company can be required to maintain
for all time railroad to Washington
Grove, in order that these passes may re-
tain their value and be used by the holders
thereof The court cannot undertake an
endless duty. 1t is extremely doubtful
whether a contract of the character de-
scribed in the bill will be specifically en-
forced
Considerable business was transacted at
the meeting of the county school commits
sioners held here Yesterday. The board
heard a delegation asking for the erection of
new school building about midway be-
tween Potomac ana Travilah. Messrs.
James n. Barnesly and r. b. Farquhar
trustees, appeared before the board and re-
quested that repairs TO cost about 500 be
made to the Avery school. A petition from
the patrons of the school at Seneca asking
that the location of the school he changed
to a point more convenient to the children
of that section was presented. Messrs.
John j. Higgins and Thomas Dawson trus-
tees of the Rockville High School, urged
the board to increase the salary of the
principal of the high school to $500 per an
mum. The beard authorized the president
and treasurer to borrow 5000 to pay the
teachers salaries for the first half of the
summer term.
The following trustees were appointed:
Avery school, W. ]. Hoyle. vice William
Riggs, resigned Cropley school, Thomas f.
Bissett and Martin V. Lynch; Kings Val
ley school, Luther NJ. King. vice Crittenden
King. resigned: Emory Heights school,
Frederick Strong, vice ]. F. Hawkins. re-
signed The designations of Hezekiah Rob-
ertson and Frank GassaWay, trustees of
the Rockville High School and the colored
school at Wheaton, respectively, were ac-
cepted.
Miss Maud Cunningham Of North Caro-
lima is a guest at the home of Rev. Thomas
]. Packard here.
Mrs. Henry Welt and little daughter,
Louise, will tomorrow sail for Germany.
They expect to spend about six months
visiting relatives in Hamburg.
Democratic primaries will be held
throughout this county Saturday to choose
delegates to attend the county convention
which meets here on the following Tues
day. The county convention will send
delegates to the state and congressional
conventions There seems to be very little
interest in the county among democrats
generally as to who the congressional
nominee will be- and nothing is heard as to
who will receive the votes of this county's
delegation in the nominating convention.
in the county favorable to the selection of
Mr. Blair Lee for delegate to the national
convention from the sixth district and it
is thought probable that the county con-
vention will indorse him for the honor.
Miss Belle Stevens, rtwenty-three years
old living at No Is New York avenue, was
taken i'll at New York avenue and North
Canitol street about $50 O'Clock Yesterday