Evening star., 1902-01-01

| vorce, the desire being to place the appli-
cations on record before the arrival of the
/ new year, when the code of law embracing
| more stringent divorce regulations was
seheduled to go into effect The code passed
| Congress and was approved by the Presi-
| dent the Both of March. A number of
| amendments to the code have been framed
but have not yet been considered by Con-
| greSS. Many members of the bar concurred
| in the opinion that by reason Of the absence
| of tenure saving clause a number of To-
| cal officials would be legislated out of Office
| upon the code going into effect.
The Court of Appeals reversed the deci-
sion of Justice Barnard of the Supreme
| Court of the District of Columbia in con-
| nection with the test case brought to de-
| termine whether or not the act of Congress
| liking the maximum rate of rental for tel
ephones at $50 per annum was constitu-
| tional. Justice Barnard declared the act
| constitutional. The Court of Appeals took
| the opposite view. The telephone company
| carried the case to the Supreme Court of
| the United States, where it is now pending.
The Potomac flats case was reopened and
! testimony aken to determine the value Of
| wharf property. A decree will be framed
| fixing the values. The schedule will be for
| warded to Congress with recommendation
| that legislation be enacted appropriating a
| wharf owners for the improvements they
| have made on land the title to which the
| courts have declared to be vested in the
| United States. Charles c. Cole, who re-
| signed April 10 as an associate justice of
| the District Supreme Court, was appointed
| special counsel to conduct the additional
proceedings in the Potomac fats case on
| behalf of the government. In this connec-
| tion 1t is asserted that the code provides
| that the Supreme Court of the District of
! Columbia shall not hear any cause in gen.
eral term This provision it is said, will
| operate to bring the proceedings in the Po-
| tomac flats case to a standstill until the
| enactment of the proposed amendments to
the code. An amendment has been suggest
ed to the effect that nothing contained in
| the code shall affect the power of the court
| in general term under the several acts of
| Congress relating to this case.
Justice Bradley, in passing on the libels
| in prize instituted by Admrals Dewey and
Sampson, held that in the Manila bay in
| cident all the ships sunk in the engage
| ment and afterward raised constituted good
| prize property. The officers and men, how
| ever, were not entitled to prize money for
| property captured shore, or for the cap
| ture of cascoes and other harbor vessels
| subsequent to the engagement In the San
| tiago incident all the vessels captured con-
| stituted good prize property.
Considerable interest manifested in
! the case of Robert G. Tegeer, an enlisted
| man in the United States navy, assigned to
| duty as shipkeeper aboard the u. S. S.
| Oneida, loaned to the Naval Battalion of
| the D. c. n. G. Tegeler was convicted by
! naval court of failure to obey an order
| given by a naval battalion officer in charge
| of the ship, and was sentenced to imprison-
| ment. He sought release through habeas
| corpus, the question raised being the right
| of naval militia officer to give orders to
| an enlisted man in the regular navy. With
out disposing of this question Justice Cla-
| baugh decided against Tegeler, holding that
| his conduct from his standpoint en-
| listed man in the navy constituted con-
| duct prejudicial to good order and military
| discipline.
| Justice Barnard dismissed the rule re-
| quiring the Secretary of the Interior to
| show cause why he should not be COM
l a o6 tn 10 n n L.
! ing of certain lands in Indian territory and
| allot the same to Willis c. West and other
| petitioners.
| A caveat to the will of Edla J. McPher-
| son of New Jersey was filed. Her estate
| is said to be worth $780, 900, of which prop
erty valued at $4,000 is located in the Dis
| trict of Columbia. r-.s. ------~,-
Suits were filed against several of the
| local street railways to recover money
| loaned them. The action was understood
| to be step toward the reorganization of
| the Washington Traction and Electric
| Company.
Thomas H. Anderson, the United States
| attorney for the District of Columbia, the
| 22d of April, was appointed associate jus
| tice of the District Supreme Court to fill
| the vacancy caused by the resignation of
! Charles G. Cole. Ashley NJ. Gould. the
| same day, was appointed United States
attorney
| papers filed by the respondent. consider
| able attention was attracted to the pro-
ceedings for divorce instituted by Mar
garet E. Rodney against Lieut.. Comman-
| der Robert Burton Rodney, paymaster re-
| tired, United States navy. The court final
| ly granted Lieutenant Commander Rodney
| a divorce on his cross-bill
A caveat to the will of the late John W.
| Thompson filed by his son and daugh-
ter. Two days ago an agreement was
reached by the parties concerned and the
issue was settled out of court.
| Henry H. Twombley, formerly secretary
| of the board of education, instituted pro-
ceedingS to secure divorce from his wife,
| as did Gen. r. G. Dyrenforth from his
wife.
Ten justices Of the peace, appointed under
| the provisions OF the code, qualified by
| filing bond with the clerk of the court.
| Justice Clabaugh decided that the personal
| tax law applying to the District of Column
| bia was defective and could not be en-
| forced
In the matter of the proposed extension
| of 10th street, testimony was taken, and
verdict embra cling awards and damages
reported by jury of appraisers.
Lunacy proceedings involving the prop
| erty Of Robert Boyd, for many years en-
gagged in business at 41G 9th street were
| Eugene Peters nephew of the late Nor
| ris Peters, and a man of considerable
| wealth, was declared by a marshars jury
| to be of unsound mind. A committee was
appointed by the court to care for his per-
son and estate.
| Justice Cole dismissed the petition of the
CITY oI farkeTSDuTS, w. va, asking the
court to compel the director of the census,
| to make second census count of that
| city.
| Justice Clabaugh held. in the case Of
| Frank H. Cox, that Indictment for
contempt of court cannot hold.
The first of the year Justices Bradley,
Clabaugh and Barnard changed assign
ments, Justice Bradley moving from Circuit
Court No. to Equity Court No. 9, Justice
| Clabaugh from the Criminal Court to Cir
! cult Court No. 2, and Justice Barnard
! from Equity Court No. to the Criminal
Court.
| Esther Bartlett Clark of this city was
granted divorce from James King Clark,
a Pittsburg millionaire.
The dockets of the Supreme Court of the
District show that there We're 319 lunacy
proceedings instituted during the past
twelve months. 1t is said that SO far as
these proceedings concerned the year
has been a record breaker. About go in
sanity cases were tried during 1890.
The Court of Appeals was called upon to
determine the validity and constitutionality
| Of that section of the police regulations
which prohibits the hauling of dead ami
mails through the streets of the city with
out permit. The court held that the reg
ulation was null and void. The case call
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