davidaulloa/AmericanStories huggingface dataset:
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-03-05
RULE FOR AN APPEAL
ON CERTIORARI WRIT
Important Decision of Justice Barnard
In the Case of Yeoman Against
Marshall in Supreme Court.

Ar important decision has been made
by Justice Barnard in which he con-
sirues a rule recently promulgated by
the District Supreme Court relating to
cases brought by certiorari from the
courts of the justices of the peace. For
many years the seventy-third rule of
the District Supreme Court has allowed
plaintiffs to obtain judgment within
twenty days. exclusive OF Sundays and
legal holidays. in cases arising out of
contracts, upon filing an affidavit with
their declaration setting forth their
cause of action, unless the defendant
should file a counter affidavit with his
pleas.
The code provides that justices Of the
Tcace courts shall have Jurisdiction I'm
amounts nOtr exceeding $500. which jur-
isdictiOn is concurrent with the Supreme
Court in cases in which more than go
Is involved. and defendants In such
cases may remove the cause from the
Justice OF the peace to the Supreme
Court by Certiorari for trial in that court
IN the first instance.
In the case Yeoman Us. Marshall.
which was instituted before Justice OF
the Peace Terrell. the defendant had the
cause removed 10 the Supreme Court for
trial. and the plaintiff thereupon filed
his declaration without an accompany
ing affidavit. claiming that the affidavit
filled in the justice Of the peace court
was sufficient to satisfy the rule. The
defendant filed pleas to the declaration,
but did not file an affidavit, his counsel
contending that Ii was not necessary so
70 do because Of the failure of plaintiff
to file an affidavit.
Judge Barnard sustained the defend
ants contention, the effect of which is
To require plaintiffs TO plead anew in
the Supreme Court and file an wit
setting forth their case before a de-
PENDANT will be required to file an affi-
davit showing his grounds Of defense.
1t was stated that the case was intend
ed 10 obtain a construction of the rule
by the court. Joseph A. Burkart repre-
serted the plaintiff and Wharton +
Letter the defendant.
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-03-05
Vanderbilt TO Haze
Large Racing Stable
Belief Based on Engagement of William
Lakeland, WeIl-Known Trainer, as Sub
Agent---prOminent on French Turf.

In the engagement Of William Lake
land. the well-known trainer. as a sub
agent. local turfmen find ground for the
belief that w. X Vanderbilt purposes
TO race stable Of thoroughbreds on the
Eastern turf this coming season. The
last issue of The Racing Calendar"
the official organ Of the Jockey Club.
contains the authorization Of Lakeland
as a sub-agent for Mr.. Vanderbilt.
Further confirmation Of this SUPPOSE
ton is to be found in the fact that only
recently J. S. Mcdonald, for some years
Mr. Vanderbilts agent and buyer in
this country. and William Lakeland
were in kentucky together, and on their
return a number OF horses were regis
tered in their Joint names.
Colors Seldom Seen.
Mr.. Vanderbilt at present is cruising
in the West Indies on his yacht, and is
not expected back In New York until
the racing season is we'll under way
Although his coIors have been seen on
the turf once or twice i'm the last few
years. he has made no pretence Of main
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-03-05

tanning a racing establishment in this
country.
In France, however. he has been a
conspicuous owner for a number Of
years, and many native bred racehorseS
have been bought by his agent here ard
shipped TO his training quarters outside
OF Paris. At present Halma is at the
head OF his stud abroad. The only run
ner that carried Mr.. Vanderbilt colors
In this country last year was the Ally
ThouRhtless. that ran third In a race
at Morris Park on the last day OF the
spring meeting. Some time ego Nc
Donald tried to engage the lightweight
Jockey Robbins TO ride FOR hie employer.
but was not successful. Nash Turner
and J. Ransch. both American jockeys,
rode for him I'm France last year Turner
has been released now. az he is unable
10 make less than III pounds, and has
gone TO Germany, where he will try free
lancing
A Turf Authority.
Mr.. Vanderbilt is president Of the
Coney Island Jockey Club, and one OF
the largest stockholders in the Sleeps
head Bay racetrack Last year VIII
liam Lakeland trained for W. s. Fan
shave. Joseph Il. Widener. and a num-
Der or other well-known racing men.
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-03-05
Correspondence.

Or. J. II. Johnston and John r. Ryan
Correct solutions received. Mall was
mslaid
G. J. BIN your solution to the Tasker
problem XXX. K-Kt1. K-B. K-Kt2
K-B4, K-Kt3, draws. Problem No. II
vas annotated correctly. while X should
be on KB2. instead of Kt White,
seven pieces only
J. A. HIN problem No. Il, note Ce),
your solution draws.
r. T. a, .. s Nc, c. j. B.-wiH an
sweT next week.
Much interest IS manifested in the
local club championship tournament,
and spectators are numerous on even
ings scheduled for play. Champion
Sournin suffered another defeat. this
tine by l.. Tharp. Mr.. Stacy succeeded
I'm adding another victory to his list and
as il now stands, Mr.. Sourniu will have
TO look to his lsurels If he wins the
championship. The score Of standing
to date is as follows:
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-03-05
HARRY PAYNE WHITNEY
MAY SUCCEED FATHER
Will Probably Be Elected Presiden
of the Saratoga Racing
Association.

The election OF Harry Payne Whitney
TO the board Of governors of the Turf
and Field Club to succeed HE father.
the late William c. Whitney. tencs to
confirm the freeley expressed belief that
Mr.. Whitney. at the meeting of the di-
rectors Of the Saratoga Racing Associa-
ton, to De held within the next few
days, will be elected its president. TO
succeed his father
On Monday when the entries for the
stakes az the Saratoga meeting close
IL VIII be definitely known In whose
name Mr.. Whitney will race his horses
this year
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-03-05
OWNER MUST REMOVE
SNOW FROM SIDEWALK

In complying with the terms of the
snow and ice law, il Is not the duty of
the occupant Of "A room or a suite OF
looms I'm dwelling house TO remove
the snow from the adjacent sidewalk.
but this obligation falls on the owner
or tenant OF the whole premises
This is the opinion submitted 10 the
District Commissioners today by Cor
poration Counsel Duvall I'm reply to -
communication from o. b. Lester. who
asked a definition Of the requirements
Of the law
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-03-05
Edited BY
w. B.
Mundelle.

tgJ-2I19 1O-14, 2S-a, 14-17. White
wins.
Gb,-1O-i9, 22-15. lis. 24-15. White
O-6-13. I5-6. Ills. 27-23. White wins.
John r. Ryon sends the following TO
!4-17-a so-2s-f so-26 20 22-s2
I5l$ q Si- 80 FL 2s-S
tal-7-10. 24-19. Al. 22-13. 1O-I4,
"a. 1f17. 15-iO. SIS. 1910. III.
z"-ZS. 1S-27 White wins.
.tbl-lS-22. 24-19. Ills. 20. 3O-26. %.
%6r-3l. 2-l4. BIB. White wins
champion Farquhar also shows n
" hlte win as follows:
Z2-13 2S-2f 1910 25-22
i-;0-b 4-17 11-15-c 1875
-4-ls $50 1O-7 27-2S
" wins
a-i7-1O loses by 24-l9. and PIE loses
by 27-23 etc
% b-12-1s so-26. $50. 27-2s. 1877. 26-
% and White wins
Clip. 2T-23 White wins.
Problem No. 2s.
BY j. A. HOFFAR. Washington, ID. c.
Black
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-03-05
FLAMES ON OKLAHOMA
PRAIRlES COST 3 LIVES

OKLAHOMA CITY. Okla. March s.
hree persons persisted in "wednesday
rights prairie fire and the financial los
lay the fire and gale is estimated az hair
a million dollars.
The damage by wind extends over sew
en- counties I'm the southwest. Hastings
LeGer. Walter. Granite, Elk City. Tenn
PIE, Snyder Willow. Bloomington. Savre
ana Mountain Park all report DANA &c
both in town and the surrounding COM
try by fire and wind
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-03-05
WILLIAM WEIGH HELD
FOR THE GRAND JURY

ArraignedSin the Police Court on a
charge OF malicious libel. William
Welch. of % Grant Place northwest,
and employed I'm the United States
Signal Service division Of the War De
partment, under General Greedy. plead
ed not guilty. waived the preliminary
hearing. and was held under 500 bond
for the action OF the grand jury.
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-03-05
GOVERNMENT EMPLOYEES
Will Be Specially Interested in
TOmOrrOW'S Sunday Times

The Times has asked of men,
bers Of the Administration. of
neads of departments, and of
others prominent in official life
this question:
Should civil service employees, on
reaching certain age, be retired
on pensions?
In response, many of those
concerned have, for the first time.
given expression to Their views.
A majority Of the Cabinet mem
bers are included I'm the number.
The replies, which treat the
subject frankly and in detail. will
be printed in tomOrrUw's Wash
ingtOn Times.
Every Government clerk will
want TO see the position which
these influential men take.
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-03-05
AGRICULTURALS WIN
FROM COMMISSIONERS

The Agriculturals. In the Departmental
League. were on their mettle last night
Ihey bowled- scores over 800 in the first
and second games. and won each with
many pins TO spare from the Commits
sioners. Their last game. 81. was also
good. but the Commissioners did their
Lesi work in the third match and hand
is won. Several excellent scores were
mace Smith knocked over 232 pins.
Fieid. 222 and 20; Drake 216: Williams,
efA md prrl,cr 90 The scnres.
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-03-05
TWO RECORDS BROKEN
BY SAENGERBUND TEAM

The Saengerbunds We're in their best
form I'm the District League last night.
and smashed two records. the team roll
ing a total of 029 I'm the first game. and
Eckstein spilling 361 pins. The Acmes
rolled cxceilently in each game. but we're
able TO win Gully the last one Many
high singles were bowled on each side.
Warren got 245 and 900; Krauss, 232 and
20: Schuermann. 30 and 30: Spless. 20.
and Campbell. 20i. The scores:
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-03-05
WHIST.

The usual large crowd was in attend
auce last Saturday evening at the whist
play. A Tournament for teams of four
Is being or sainzed. and several teams
have already entered. There will be
three prizes divided among the three
teams. making the highest score Tues
cay evening will be set apart for this
special feature. This contest will not
be confined 10 members only. but out
sio'rs Will be allowed ID compete Fol-
lowing is the score for last month:
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-03-05

Another round will be played this
evening. w. l. Norman. champion Of
Virginia, was to take part IN this con-
test. but owing to the death of his
father last week, he will not enter the
contest
Game Nc. IL.
The following game was played be-
tween F. n. Stacy and F. B. Walker.
two of the strongest players in the club.
for the club chamninrnshin.
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-03-05
THREE VOLCANOES IN ERUPTION

PARIS. March Mail advices re-
ceiyed at Madagascar from Mayotte. Co
moro Islands, say that three craters of
IN" great ConOro Island have been in q
state or continuous eruption since Feb
rLary p. There have been some vic
Tins among ne natives.
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-03-05
ANOTHER WAR ON
BETWEEN LEAGUES
American Charges National
With Changing Dates.
TRICKERY OPENLY CHARGED
Ban Johnson Says Schedule Was Alter
ed, and There Will Be Trouble
Pulliam Denies II.

NEW YORK. March According to
statements OF the American League mon
there is a discrepancy between the Ma
tional League playing schedule and the
one submitted 10y the National League
committee to the American Leaguers.
In consequence the two leagues are once
more on the brink OF an open outbreak.
The National League schedule calls
for New York to open the season in
Brooklyn on April a. the same day the
New York Americans are To open their
season with the Boston club at Ameri-
can League Park. The contention OF
President Ban Johnson. Frank Farrell,
and Charles Comiskey is that when the
American League committee finally APP
proved of the National League schedule
the Boston club was carded to open in
Brooklyn on April IA instead OF the
New NoTks. The claim OF Johnson and
Farrell is that the dates were changed
by somebody after Thursday night.
when the National League schedule was
given ont
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-03-05
DISTRICT WAS EASY
FOR KlSMET COUNCIL

District Council never had a look-in
with Kismet Council in the Royal Ar
canum Bowling Leg que last night. the
former easily winning the full set. each
game by over 10J pins. Rodrick. 226. and
9j3; Crist. 2i3; Ludwig. 2O4. and Hoff-
mann. 2S, were the best scores. The
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-03-05
The X-RaYS Medical Institute.

2l7 SIXTH STREET Y W
Permanently located In Washington CITY. The
success in treating old and so-called incurable
cases is acknowledged by the public and pro-
fession. Sec testimonials at Office
RUPTURE permanently cured without main
or loss Of time N-RAY for examination and
treatment CURES cancer, impotencv strict-
IRE, yaricocele. hydrocele, skin, blood poison,
syphilis, and private diseases quickly for life
time.
CONSULTATION FREE.
ofhce hours-From 10 TO II a. IN and 10 6
p m mhI-fr
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-03-05

Back. Evil Desires Lame Back Nervous DebiI-
lty. Headache. Naricocele, or Constipation.
ing % Eyelids. Effects are immediate Imparr
yigor and potency 20 every function Don't ge'
despOndent-a cure is al hand. Restores small
undeyeloped organs Stimulates the brain and
nerve centers. SOC box; six for 81. 90 By mall
written guarantee 10 cure, or money refunded
with six boxes. Circulars free. ~
Address Bishop Remedy Co., San NIH
Francisco. Cal. Stevens Phar- JUG
macy, 9th 81. and Pa. aYs...........
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-03-05
VIEWS AND GOSSIP OF THE DA YIN THE WORLD or SPORTS
IN THE CHESS
AND CHECKER WORLD
Games,
PrOblemS,a and
Solutions.

tGsmes problems, and solutions solicited
ADDRESS all communications TO Chess Editor
Times OfiCel
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-03-05
VIM, VIGoR, VITALITY FOR MEN

Mormon Bishops Pills have
been in use over 80 years by the
leaders Of the Mormon Church.
and their followers. Positively
cure the worst cases in old and
young arising from effects OF
dissipation, excuses, or cigar
cite smoking. Cure Impotency,
Lost Power, Insomnia. Pains in
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-03-05

II VIII De seen that White can Sc
cure a winning position by forcing Black
King on OBJ. when White king is on
OBJ. with Black TO move. The rest IS
easy.
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-03-05
Problem No. 10.
BY James Pierce.
Black-2 pieces.
White pieces.

Whites pieces.
White to play and mate in three
moves.
White-K on OF. Q on KS. b on Q. P
on XXI 4 and
Black-K on KRIS, p Oh KKt3
From the New York Evening Post g"
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-03-05
CHECKERS.
Game No. "a.

The following game was PLAYED re-
Gently between Messrs. Hoffar and
thornton, the ending of which was
given as a problem in last weeks issue:
OLD Fol -RTEFNTH
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-03-05
SOLUTIONS.

Problem No. 10.
BY Philip II. Muller.
White-K on TB2 O on KB on
KR2, 1t on KB5, p on OBJ. r on ORA
and QE[tS.
Black-K on KS. B on CO. r on QNt5.
= on Obs
Key move-R-QKt5
II RXR. QxB mate.
If BXQ R-K5 mate
If BXP QXP mate
The Lasker Problem.
White-K on OR, on ORA. % and
; and KB4.
Black-K on OR. on ORA. o3 ana
KB4.
White TO play and win.
1. XXI Ike
?. K-B K-B2
3. K-Q K-B-(a).
4. K-Q2 E-Q2
3. k-B3 K-B2
6. Kos Wins
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-03-05
Panel Charges Trickerv.


There has been trickery by some
body said Frank Farrell. 1t was dis
tinctly understood by everybody con-
cerned that the Greater New Yorks We're
to have clear field for the opening day.
and the American League committee
would never have agreed to any other
schedule.
The New York Nationals were sched-
uied TO open in Philadelphia on April
"a Now shift has been made and we
md them booked to play in Brooklyn
on that day"
Pan Johnson said: 1T is distinct
bi each OF faith on the part of the Ma
tlpnal League. and I shall demand an
explanation. The American League is
not TO be trifed with I'm any such way
J ray emphatically that on the schedule
shown 10 me by Barney Dreyfuss the
Now 1orl1S were not scheduled TO pfay
III Brooklyn on April II. Other changes
have been made IN putting the BoStOns
Ia New York on July ] and and trans
felring a game on September q from
New York to Brooklyn. The distinct
be changed in the schedules after they
had been approved by the two commit
tees
Pulliam Denies 1t.
President PuHiam. Of the National
Lee que. on behalf OF the schedule COM
mittee. denied that any changes had
been made. President Ebbetts, Of the
f;iooklyn club. one of the committed
also denied that the New FORKS were
originally scheduled 10 play i'm Brook
lyn April IL. Nothing was mentioned
Saio he. about what clubs were to play
IN the ope ming games in any city but
New York"
The National League schedule calls
for 154 cannes. beginning April IA and
ending October s. Philadelphia opens in
New York on April p. and Brooklyn I'm
Boston on the same day. Boston plays
two games in Brooklyn on Memorial
Day. and New York plays two in Phil
adelpfsia. On July Philadelphia is at
the Polo Grounds for two games On
Labor Day Boston plays two games in
New York. The New Yorks have four
teen Saturdays at home and the Brook
Sundays in the West and the Brook
lyns five
Davis Goes to Comiskey.
George Davis and Charley Comiskey
have had an extended talk. which end
ed in Davis signing TO play with the
Chicago White Sox next season. Davis
signed contract in the fall OF 1902 TO
peace conference decided that he must
play with Chicago or not at all. With
the exception of few games with the
New Yorks. Davis did not play in
either OF the big leagues last season,
he being enjoined by the United States
circuit court from playing with any
team but Chicago.
Both the National and American
Leagues nave adjourned. subject TO
the call Of Presidents Pulliam and John
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-03-05
White

Black to play. White to draw.
Black. 3. Il. K23.
White-10. 10. 16. 10. 30.
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-03-05

BY J. A. HOFFAR. Washington, ID. {
Black
The bee. (Earlington, Ky.) 1889-19??, 1904-02-04
ADEPT MEXICAN THIEVES.
Exceptional AdroItness of Pick.
pockets I'm the Southwestern
Republic.

To a supersensible degree the fine
Italian hand is still met with among
Mexican pickpockets. They are noted
for their artistic performances in light.
fingered legerdemain, says the Los An.
geles Times. Only few months since
the chief OF police OF an American city
whose name need not be mentioned,
was robbed of his watch twice within
two days, and finally the timepiece was
returned to him by the very "ratero"
who had taken it, nor did the American
officer have time to catch the thief,
whose audacity threw him of his guard.
Why the pickpocket took the trouble to
restore the watch, for which he was able
to realize a months wages at the near
est 'empeno," is not clear, but perhaps
he heard the owner talking OF the
smart pickpockets in his own country
and the Mexican took such pride in his
professional ability that he took occa-
sion to rebuke the American.
The Mexican pickpocket has all the
cunning of the Hindu and the dash OF
the Italian his brethren in crime, and
none of the pickpockets OF Benares or
Naples can exceed the craftiness and in
genuity, the sublime audacity OF the
Mexican pickpocket, and it is said they
carry on regular classes in the line OF
their hazardous employment, some
thing like the schools in New York, but
which have to move on" constantly
due to the perspicuity of the Mexican po-
lice But these ill-favored gentry do not
find life wholly successful now, as they
did in times past, for the police cover
and COW them, much to their disgust
The profession, therefore, retains its
riskiness. but has been shorn of its pow.
er over the afflicted public.
The bee. (Earlington, Ky.) 1889-19??, 1904-02-04
THE sTEEPLE CLIMBER.
He Gets Lonesome mt Great Heights
and Sings and Talks 10
Cheer Himself.

He climbs steeples and ventures out
on rickety cornices and up tremulous
chimneys for living, and to look at him
you would not think he had a nerve in
his body. He is slender, big-eyed-ox-
eyed, one might say-so calm and placid
are his organs Of vision. He is slow of
movement and deliberative in his
speech, and he speaks of his narrow es-
capes with the manner of third per-
son, says a Chicago exchange.
But he admits, at the same time, that
he sometimes gets scared while high in
the air. Oddly enough those periods of
fright never come at critical moments.
When he needs his self-possession he al
ways has it.
Now and then he feels without warn
ing a crushing sense of his loneliness.
He looks down from his swinging seat
at the pigmy people below, and an awful
dread steals slowly into him.
He $ips his paint brush into the pot
and goes to work on the steeple's sides
with renewed ardor. With zeal that
increases until it becomes something
like frenzy he plies his brush, while the
paint spatters his working clothes and
covers his hands and face
At last the feeling becomes too strong
and he drops the brush and lets it daRgle
from the cord attached to his wrist. He
now tries shouting to relieve the nerve
tension. He halloos at the top of his
voice sometimes; he sings and declaims
but no one hears, unless it be his help
er far down below, who has grown to I'M
derstand these seizures. #t
The helper knows that the climber
does not want to come down unless he
gives certain signals. He knows, too,
that to loosen the tackle and start the
climber down at such a period would
be dangerous. The man on the spire can
let himself down IL he wishes; some
times he alone can release himself.
So the man below watches and waits.
Once in awhile he climbs up the spire as
far as he can get in hurry and then
talks reassuringly to the man above.
They have odd conversations, too, at
such times. They discuss matters as
far removed from the business at hand
as possible. On one occasion it will be
what they had for breakfast that morn
ing and what they would like for sup
per. Again it will be about the precocity
of one or another of their children.
They will drift from topic to topic, un-
til the man at the top sings out: Cali
right, Bill" Then the man at the bot
tom climhs down IN bic xvorlr ond tho
other, with his mental poise restored,
gathers up the cord holding his paint
brush, and goes back to his painting.
The bee. (Earlington, Ky.) 1889-19??, 1904-02-04
SUBSTANTIAL ENOUGH.
He Was No swell in Appearance, Bat
He Had the Price of the
Town.

A contractor who was successful in
getting a contract for drainage scheme
for a certain town was asked to meet
the authorities, bringing with him his
"cautioner," or guarantee man, He
did so, relates an exchange.
The cautioner, who was a very
wealthy man, but never over well
dressed, was unknown to any of the au-
thorities.
When the contractor appeared, the
chairman asked if he had brought with
him his cautioner
He answered:
There he is" pointing to his shah
bily-dressed friend.
The chairman said
"Of course, Mr. Blank, we require a
man of some standing and substantially
to guarantee the performance of this
work." meaning thereby that the pro
posed man did not look this.
On hearing this disparaging remark
the millionaire at once stepped forward
and said to the meeting:
Whats the price of your town, and /
will give you check for it?"