Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-08-15
ALEXANDRIA AFFAIRS
Judge Cation Fines Some and Dismisses
others1a6any Pay Under
rs aunsProtest.


l AA0 duAAy ktcaEl 1uHCtlOki Va sAao low W osA'
called into continuous exercise throughout
long session Of Justice Caton's court this
morning for the.determinatton OF the neces-
sary forms of human activity on the one
hand as distinguished on the other hand
from labors and enterprises that are no
more essential than, to be conducive to hu-
man comfort, enjoyment and luxury A
sort Of middle ground, also. was defined
under what was termed q liberal construc-
ton Of the law. In this place was ciasseo
| q variety OF works and business activities
which might be considered relative necessa-
| ties. 3..J ~ -. + -
| - The cases before the court came up on
warrants issued under the old state law
against labor. and trade on the SabDatn,
which was. enforced yesterday after a lapse
OF many years. FOrty-four cases on this
charge were on the docket. The defendants
represented a wide variety of business In
terests Among those cited to appear Tor
the alleged offense were railroad men, drug
g1sts. milk dealers. newsdealers, neWsDoys,
Hverymen, hootblaeks and others.
Long before the time for opening court
the room contained. many citizens anxious
to see what disposal would be made OF the
several cases At the direction of Justice
Cation one OF, the fourteen milk dealers ar
rested was first called.
James, E. Baker arrested on the charge
OF delivering milk on Sunday. took a place
pal secuon of the law in question. He call
ed attention to a. clause of the section
wnich specifically exempts works of neces-
sity or charity and household labor from
the general prohfbitive provisions Of the
statute. He said that there were many
regal decisions on the question of labOrs Of
necessity ~: favor of the delivery Of milk
on the Sabbath. He held such work to be
positive necessity and dismissed the &C
cused. announcing that no other cases in
that class would be heard. as the decision
would apply to all
The other fnflkmen who had either been
arrested or who had voluntarily gone to
the station house and deposited their col
Gs were T; l.. Cole. Henry Blunt.
Florence. Edward Clark. Thomas Taylor a
colored man named Ben Brook l.. A. Pop
Kins. e: D. Woolf,rR: f. Grover and George
Robert Grady eelored, charged with sell
ing candy and pie. was fined s. the court
holding that pie might be allowed. but that
the traffic In candy could not be consid-
cred even relatively necessary under the
most liberal Interpretation of the law.
James BontZ,f John johnson, j. w. Smith.
Philip Evans and Henry Baker were called
on the charge ofsseliing OF, delivering news
papers on the Sabbath. Charles Sherwood,
a news agent was also called for selling
papers at the store Of R. E. Knight on.
King street. OF the newsboys Evans and
testified that he had closed his store in re-
Spouse to the notice, but had sent his en-
ploye Evans from the depot to the store
with bundle of papers no. intended for
sale. Justice Cation held that Sunday news
papers shouid be sfega rded as convenience
and not necessity.
He therefore imposed fine of 81 on each
of the accused. Mr.. Sherwood gave notice
that he would pay his fine under protest.
and Justice Cation announced that ten days
would be aitowed'in which to make appeal.
Richard Gibson, Claude Lennon, Charles
Lennon and c. 3. W. Summers. druggists.
1Icia nt,t nrIn
on Sunday In violation of the law. Mr..
Gibson was ASSESSED So noting an appeal.
OHcer Lyles testified that Mr.. Gibson had
called him from across the street to wit
store at the corner of King and Alfred
streets. Messrs Claude and Charles Len
non were hhed s. each, appeals being
noted. The charge. against them was also
dismissed: he having stated that the soap
he sold for which he was arrested was
med1cated Soda water said Justice Ca
ton. Us a beverage: but not a necessity.
la regart to soap he held that should be
included in the list of permissible articles
Herman Block came forward to be ex-
cream yesterday He declared that the ma
terial had been made Saturday night; that
it had been ordered before Sunday, and
that it would have spoiled had it been kept
until Monday. Under these circumstances
the accused was dismissed tl--
I James Patterson and r. L. Myers were
called on the, charge of operating their re-
spective livery stables on the Sabbath In
the case of Mr. Myers it was testified that
a vehicle had been sent out from his place
/ of business for the use of party of men
In travelling to a camp meeting. The court
held that camp meetings are moral necessi-
ties, dismissing Mr.. Myers. Mr.. Patterson
was also dismissed, there being chance
of necessity, 1.-the court thought, in the do
ings which were reported from that stable.
Bud Tancill and William Speaks, colored
bootblacks, We're assessed the usual fine
each. "a
OF the twelve railroad employees who were
arrested only w. r. Topping. s. R. Reed.
1T Bruin and ]. w. Mckinney were called
Officer Belts stated that he had found them
at work yesterday shifting cars in the Fair
fax street yard of the Southern railroad.
The cars contained pig iron and lumber
Justice Cation stated that the law allowed
the running of passenger trains and frsight
trains containing perisha Bile goods on the
Sabbath but prohibited the promscuous
opera ion of railroad cars.
But 1t was SO framed, he said, that only
the company, the directors. or receivers
could be proceeded against for the alleged
violation. He held that in sense the
employees were doing necessary labor in
that they were ordered to work by their
employers and would have lost their places
In case of refusal The other railroad men,
who were gathered in by Officer Ferguson.
were Conductor II. r. Smith, Engineer +
T. Daniel, Fireman John Whitbeck and
Brakemen Attic Armstrong. Walter Camp
bell and Harry Langford. Conductor G. H.
Day and Fireman ]. w. Loving were also
arrested. All were dismissed
AS before stated. the ancient law was re-
vived upon formal notice being made by
the Retail Merchants Associat ton of Alex
andria of it's infracton.
General Matters.
The largest crowd at any base ball game
here this season assembled on the old fair
grounds Saturday afternoon and witnessed
a spirited game between the local team and
the club from Leesburg. Va. The result
was in doubt until the last man had been
retired with a score Of ) to 4. One Of the
prcttiest featur5s the game was an cleo
tritying hitufos bases by Bray in the
eighth inning y se ,aree men on bases and
Leesburg ahead, Garter, formerly Of the
University al Virginia. pitched a fine game
for the visitors, but the locals managed to
bunci, theiy. hits while profiting by errors.
Hayden pitcied splendidly for Alexandria
The playing of Babson at third for che
nome team Was d feature Mr.. Hoxton of
the EPISCOPAL Htsn School umpired the
game. III f
William Wheatles whose death occurred
suddenly Saturday morning. took place TINS