davidaulloa/AmericanStories huggingface dataset:
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-10-21
KAISER AND HIS SONS
HEAD MOURNERS' LINE
Joint Funeral Services for Air.
ship Victims Marked With
Impressive Ceremony.

BERLIN, October 2L-Impressive joint
funeral services were held today over the
bodies OF twenty-three of the twenty
eight victims of Fridays disaster to the
Zeppelin airship at Johannisthal. The
ceremonies took place at noon in the old
garrison church near the imperial palace.
The emperor and his sons were present.
accompanied by the empress and the
crown princess, while Count Zeppelin ana
about a thousand officers of the army
and navy also attended.
The collins which occupied the ehtire
chancel of the church, were covered with
masses OF floral tributes from members
of the imperial family, the foreign en-
Fbassies and legations and various naVai
and military organizations.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-10-21
DIR. ANNA HOWARD SHAW
SOON TO REACH CAPITAL
Suffrage Leader Will Plan
Convention and Speak at
Chevy Chase.

Dr. Anna Howard Shaw, president Of
the National American Woman Suffrage
Association, is expected TO arrive in
Washington tomorrow 10 complete ar
engagements for the national convention of
her organization, which convenes here No
vember 60 and to speak at a big rally
of Maryland suffragists to be held tomor-
row night at the Chevy Chase library.
While here she is to be the guest of DR..
Ryan Devereux of Chevy Chase, Md.
Mrs Donald r. Hooker, president of
the Maryland Just Government League,
is to preside at the meeting tomorrow
night, and III. Martin Williams, read
ing clerk Of the House, is also to speak.
DR.. Shaw is to deliver the principal ad-
Dress and is to advocate woman suf-
frage for Maryland. The republicans of
the state already have Endorsed the
movement.
Welcome for MIS-. Dorr.
Mrs. Rheta Childe Dorr. who came over
from France with Mrs Emmeline Pank-
hurst. is expected to arrive in Washing
ton shortly, and announcement was made
today that a mass meeting of welcome is
to be held for her at the Columbia Thea
ter. November 16. Miss Ruth Astor
Moves has been made chairman of a COM
mittee to make all arrangements for the
meeting Mrs. Dorr is 20 be editor of
1.-The Suffra gist," the paper to be started
here in November.
When Mrs. Pankhurst speaks here, No
yember u, she is not expected to appear
under the auspices of the Congressional
Union for Woman Suffrage, although no
arrangements for her meeting have been
made vet She is to speak under the
auspices OF a branch of the union in VIII
mington. Dell November -. however.
Workers Are Named.
Mrs Neville Monroe Hopkins was TO-
day named chairman of a committee On
suffrage literature for the convention next
month. Miss Jessie Dell was placed in
charge Of arrangements for meeting to
he held December ] and Mrs. r. Is. For
rest was placed in charge of the arrange
rnents for a meeting November 80
Completed plans for the suffrage school
to be conducted here for two weeks fol-,
lowing the convention were announced
today. Mrs. Nannette Paul is to deliye
a lecture on parliamentary law. Miss
Eulu,a Gillett, Mrs. Mary Ware Den
nett and Mrs. Emma Hardy Law. former
lv dean of Northwestern University, arc
TO deliver lectures on different subjects.
ellison Gardner is to speak on press work,
and Miss Emma Waldo was made chair
man of a committee on arrangements
for the school. ..a-A.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-10-21
Foreign Attaches in Uniform.

The attaches of the various foreign
legations attended in full uniform.
After the service in the church seven
of the bodies were taken to an adjoining
cemetery for burial, the six sons OF the
emperor heading the procession of mourn
ers. The other bodies were taken to the
homes of the dead men in various parts
of the country.
Prince Eitel Fritz, while coming from
Potsdam in his automobile TO attend the
funeral ceremony. struck a nve-year,oiu
how with the wheel of his machine while
the child was crossing the street the
boy was seriously injured.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-10-21
Claims Right of Review.

1T is, however. conteIlded by counsel
for the respondent that, Notwithstanding
this limitation of the law, the action of
the President In making this appointment
by and with the advice and consent of
the Senate was purely the exercise of
executive discretion, and hence that, even
though this limitation Of law be clearly
and plainly violated, this court would be
without jurisdiction to grant relief in any
proceeding whatever. This contention Is
unsound. While 1t is true. that the courts
are without jurisdiction to review or in
anywiSe disturb the action of the Presi-
dent or other public official in the exercise
of official discretion, the courts are not
without jurisdiction to review such action
where 2. positive prohibition of law has
been violated. If 1t were not SO. then
the President OF the United States and
the heads of the various departments of
the government would be above the law
and therefore free to violate It,
1.-The contention on behalf of the rela-
tor i'm the case at bar, however, seems to
be as extreme, on the one hand, as Is
the contention on behalf of the respon-
dent, Oh the other hand. He proceeds
upon the theory that the court will in
auire de novo into the qualifications of
the respondent upon his simple allegation
| that the respondent does not possess the
qualifications.
I'm the first place. the court must pre-
surne that the President and the Senate
did inquire into these qualifications and
found them to be sufficient under the
law. and that they We're in the exercise of
reasonable discretion in reaching their
conclusion.
I'm Stanley county agt. Coler, 1870 Unit
ed States, AT, the Supreme Court of the
| United States distinctly recognized that
| there is prima facie presumption that
| the duties of public officers were properly
exercised, and that conditions to warra mt
their acts were ascertained by them to
exist, before acting. The same rule had
been previously announced by the Su-
preme Court i'll three other cases.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-10-21
Given Exclusive Power.

The Attorney General and the district
attorney are. by the express terms Of sec
ton 1888 of the Code, given exclusive
power. in the first instance. to institute
proceedings against a person who usurps
public office, thus clearly indicating the
policy Of the statute itself, viz, that
where any person usurps, intrudes into
or unlawfully holds or exercises within
the District of Columbia public Office
that Is, an office in which the general
public Is interested, then, as such public
officers having a pubic duty to perform,
they are to exercise their discretion in
the matter, and may bring a proceeding
In quo warranto either on their own mo-
ton or on the relation Of a third person.
This being so, 1t would be an ex-
cepttonal situation, and his right so TO
do must be clearly manifest, before the
courts would be justified in permitting
taxpayer Or other citizen to prosecute
such a proceeding, even though these
officers had refused to do so on the re-
quest of such taxpayer or other citi-
zen. .Manifestly, 1t is the policy of the
statute. where the right to hold a pub
lie office, not against some person
claiming it, but against the general
public, Is involved. that the duty and
power to test such right by a writ Of
quo warranto rests with the public
representatives named in the statute
and not with private citizen or tax
payer, who has no interest in the office
which Is not common to every other
citizen and taxpayer
by the term d person ipterested' nc
used In this statute is not meant any
person. nor any taxpayer. but any per
son having an interest in the office per-
soIfdl to himself. as distinguished from
other taxpayers and the general pub
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-10-21
Several Decisions Cited.

There are authorities. il is true which
hold that a citizen and taxpayer has such
an interest in the due administration of
public affairs as will entitle him to in
stitute proceedings to orst an incumbent
unlawfully assuming to usurp the func-
tons of one of the public offices of the
city in which such taxpayer resides Such
holding was made in Churchill V.
Walker. rs Ga. 6S1: Davis v city coun-
Gil. 90 Ga. 81. and Crovatt V. Mason.
1O1 Ga, 246. cited by the relator, but the
statute of Georgia upon which those de-
cisions- We're based expressly provided:
The writ Of quo warranto may issue
to inquire into the right of any person tu
any public office. the duties of which he
is in fact discharging: but must be grant
ed at the suit Of some person either
claiming the office. or interested therein
District Statute Differs.
1T was entirely competent. of course.
Tor the legislature of Georgia to SO ex-
pressly provide that private person
other than a claimant for public office
might institute proceedings to Gust a per-
son discharging the duties of such pub
lie Office, but the statute in this District
does not so provide.
In state agt. Vail. 5S Missouri, o.,
also reiieO upon Dy the relatOr, the court
said cat page 1OsS:
Neither here nor under the statute OF
Anne is the relator necessarily a claim
ant of the office alleged to be usurped bv
the defendant. The information is filed
by the proper officer AT the relation OF
any person desiring to prosecute the
same
1T will thus be observed that the lam
Euage of the statute construed in the
Missouri case was any person. and not
an interested person Furthermore, the
proceeding in that case was brought by
the Attorney General. although on the re-
lation of a citizen and taxpayer, as dis
tinguished from the present proceeding.
which is brought without the leave and
against the judgment Of the Attorney
General and district attorney.
1.-THE other cases cited on behalf of the
relator are also cases in which the stat
ute. construed either used the broad Ian
guage any person. which is found in
the statute of Anne, or other Language
which WAS construed by the court To be
equally as broad.
1t is argued, however, ON behalf OF
the relator that IL is the settled law of
this District that a taxpayer can MAIN
tain a bill in equity to enjoin the Com
lnissioners OF the District from making
illegal DISBURSEMENT of public funds, and
that, therefore. by analogy (as they con
tend, q quo warranto proceeding against
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-10-21
Wording of the Statute.

proceed against persons wrongfully hold
ing offices in such corporations.
Wording Of the Statute.
at is commended on behalf of the ra-
lator that the succeeding section 054l)
conclusively shows that Congress did not
intend the term interested person i'll
section 1910 as synonymous with person
claiming the same office in the matter Of
public Offices. Section 1541 reads as fol-
lows:
:" Section 1541. Relator claiming office
When such proceeding is against a per-
son for uSurptng an office, on the rela-
ton of person claiming the same Of
flee, the relator shall set forth in his pc
tition the facts upon which he claims to
be entitled to the office
1T is argued on behalf of the relator
that the use of the words when such
proceeding is on the relation Of a
person claiming the same office shows
that Congress necessarily contemplated
that the proceeding might also be
brought by some one other than per-
son claiming the office and that Con-
gress must therefore have contem-
plated that a citizen and taxpayer
might bring the proceeding against a
public officer. In SO far as the conten-
ton is that Congress contemplated that
the proceeding might be brought
against person for usurping ban
office by some one other than "a per-
son claiming the same office the con-
tention is undoubtedly sound. because
1t Is manifest from the other sections
of the statute already referred to that
Congress not only contemplated. but
expressly provided that the Attorney
General or District attorney might
bring the proceeding. and might bring
it either upon their own motion or on
the relation of a third person. and such
third person, moreover, would not. in
such event as already stated, have to
be person claiming the office.
Then, again, as already stated, all of
these sections deal in general way with
both public and private offices. and no
against public officers alone. and for that
additional reason Congress necessarily
contemplated that proceedings for 'usurp-
ing an office mot limited to public
Office might be brought ~ some one
other than "a person claiming the same
Office because a stakeholder In a corpo-
ration should, of course. have the right
to institute the proceeding as against
one wrongfully holding an office In the
corporation, as already observed. There Is
therefore, no ground for the contention
Of the relator that because section 1541
contemplates that the proceeding may be
brought by some one other than a person
claiming the same Office 1t necessarily
includes citizen and taxpayer.
Not only does the statute not neces-
sarily contemplate the bringing of a pro-
ceeding such as this by citizen and tax
payer to remove from Office a public off,
cial, not because he claims the Office HIM
self, but on behalf Of the general public,
but it should be clear and manifest that
the statute does contemplate it before a
court should recognize 1t.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-10-21
Departures.

Schooner S. T. White, light, tor Mary
land point to load cord wood baci, to
this city; schooner ]. r. Dixon, light,
for Ragged point to load oysters for the
market here; Bryant's lighter, with
oyster. shells for the crushing plant at
Alexandria; schooner s. L. Colburn, light,
for the Potomac oyster beds to load for
the market here; schooner Bush, light,
from the Eastern branch for High point,
Va, to load wood back TO this city;
schooner c. E. Shepherd. light, for Po-
tomac point to load lumber or cord wood
back to this port.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-10-21
NEWMAN'S PLACE
SlEGALLY HELD,
RULES THE COURT

Continued from First Page.)
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-10-21
Eligibility Inquired Into.

In the absence, therefore. Of some
proper showing to the contrary, this pre-
sumption of the law must stand, as bind
ing upon the court and the parties And
as this case now stands not only is there
an entire absence of showing in the rela-
tors petition that the President and Sem
ate did not pass upon the legal qualifca-
tons of the respondent. or that his ap-
pointment was the result of the exercise
of arbitrary power, but. on the contrary,
the relator. by his petition, makes it per-
fectly clear and conclusive that the very
point In question, viz, whether the re-
spondent was eligible under the law to
the office of Commissioner was duly in
quired into and considered by both the
President and the Senate before the an
pointment was made.
by his petition, the relator gives
the court to be informed that on. to
wit. the 26th day of June. 1913. the
President of the United States nomi-
mated to the Senate one Oliver p New
man to be one OF the Commissioners
of the District Of Columbia appointed
from civil life. and the nomination of
the said Oliver p. Newman to the said
Office was thereafter by the Senate con-
firmed: and thereafter to wit, on the
10Th day of July, 1913. the said. oliver
p Newman took the prescribed oath
and entered upon the said office and
has ever since and yet holds the same -
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-10-21
Appeared Before Committee,

ITO this petition he attaches sundry
affidavits and exhibits which he makes
= part of the petition. Among these
exhibits is typewriter excerpt from
the proceedings had before the Senate
committee selected by that body to In
ouire into and report upon whether the
Respondent was eligible to appointment
rs Commissioner Of the District OF
Columbia under the act of Congress APP
proved juno IL. 1875.
AT the hearing before. said Senate conn
mittee. as shown by said exhibit, the re-
spondent himself appeared and was Ques-
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-10-21
Tugs and Tows.

Tug Winship left Georgetown with coal
boats in tow for Alexandria and else
where; tug Capt. Toby arrived, towing
lighter from Alexandria. to load oyster
Shells and later returned with it; tug
Miller arrived with clay and brick-laden
lighters from Little Hunting creek; tug
Rosalie arrived with lighters from gravel
digging beds opposite Alexandria; tug
Meade arrived at Georgetown, with light
ers from down river; tug Eugenia sailed
with lighters for sand-digging grounds.
Memoranda.
Schooner Josephine Smith will load lum-
Der in Chapawumsic creek. Va, for
this city; power boats Two Friends and
Norma III are in Potomac creek from this
city: schooner Mary Ann Shea is in
Auuia creed to load lumber for this city:
schooner Oakland is loading cord wood at
a MARYLAND point for the dealers here;
schooner Samuel Wood has been taken
to the Eastern branch to unload: schooner
C. A. Pryor is reported on her way TO
this city with oysters for the market;
schooner Bertha Hay has arrived at
Maryland point from this city to load
cord wood to return; schooner John r.
Robinson will load merchandise at Alex
andria for Upper Machodoc creek land
ings. ..-l.M1-A4-Axe.A $500
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-10-21

prosecutors and against their Judgment.
bring proceedings against public officers
is manifest
Had it not been for the fact that sec
ton 1910 covered offices In private cor
porations as we'll as public offices, all
question in this case could readily have
been avoided by the use of the words
person claiming the same Office instead
the fact that section $40 did not relate
solely to public offices. Congress was
obliged to use the term interested per-
SON in order to preserve the rights OF
stockholders in private corporations to
proceed against persons wrongfully hold
ing offices in such corporations.
The Washington herald., 1913-04-20

years old. leaped from yacht m the
Atlantic Ocean on Nahant, MASS. and
supported two women. Jennie Wilson and
Anna Parnell. for several minutes. while
the yacht was lacking about to rescue
them.
Donovan supported the exhausted wom-
en-, neither Of whom could swim, until he
tried to hold both with one arm while he
grasped a rope thrown him from the
yacht with his free hand.
One of the girls then sank.s but Dono-
van saved the other. He received q sill
yer medal and $1,000
Oldest Hero saved Trio.
Youthful heroes and heroines abound
in the record. Several Of the medal win
ners were under sixteen. and girls
showed just as much heroism as boys
Fer instance. Louise G. Grimm. thirteen
years old. of Gloucester. Mass. won q
bronze medal and 5000 for supporting
three girls Of her own age in eight feet
Of water while assistance was arriving.
The oldest hero was Richard 8. Stokes.
seventy-four years old, swho, July ~, 1911.
saved Lille B. Evetts. eighteen years
old; r. Ashley Greaves. twenty-one. and
Eva Foster, fourteen. while bathing in
the dangerous Colorado River near Lo-
meta. Tex.
Mr.. Stokes swan fifteen feet across a
to him, to a ledge, where, with water up
to his chin. he supported his human bur-
den until help reached him.
The Washington herald., 1913-04-20

famous English heroine. Grace Darling.
For some reason or other, all that Mrs.
Lansdon received for her bravery was a
silver medal.
Dey saves Life ON Trestle.
Another thrilling rescue was the deed
of Missouri boy. Lyndon B. Phifer, thir-
teen years old. Of Rich Hill October IA.
1906. Phifer saw Paul Burns, i've years
old. in the middle Of railroad trestie
over a creek. A train was approaching
and the child seemed doomed.
Phifer ran onto the trestie, and, hay-
Ing no time to carry the child Of. pushed
him into the creek. eight feet below. 1t
was the lesser Of two evils.
So close was the train that Phifer did
not have time to get on the trestle. So
he caught hold of the end of q crosstie
and hung suspended over the creek until
the train passed.
He climbed back on the trestle and raE
to the assistance of the child, who was
struggling, unframed, in the shallow
creek.
Thirteen Is a tender age for q hero, but
there is one younger. Fenton 3. Gregory,
eleven years old /of Laceyville. Pa, who
swan to the aid OF William F. Bohlayer.
twenty-three years old, and though lO6
man fifteen minutes until assistance ar
rived. The child got a bronze medal ami
5000 for his brave acts
A story that tells of eallantry is that
Of how William T. Donovan. twenty-nine
The Washington herald., 1913-04-20

cuer and the man he tried to save were
lost.
Heroism seems To know neither age,
sex. color. race, nor locality A negro
and q negress IN South Carolina and an
Indian. Peter Kemp. in California. cheer
fully laid down their ives that their
fellow-men might live.
White men dIsd that negroes might
survive. and In one case an aged black
shameful crowd of white men by rescu-
ing white youth from the deadly clutch
of live wire.
The story Of Grace Darling, EngIand's
heroine of early in 1yO0 Is not more stir
ring than that Of Mary Langdon. and
Casablanca lives again in the person of
young Lyndon Phifer.
The bare statistics of the report prove
that chivalry, courage. ana self-sacrifice
are not dead. and that no man. woman.
or child dies without some other person.
often a complete stranger, being willing
to lay down his or her life to save that
life.
The Washington herald., 1913-04-20

A rescue with pathetic result was
that Of Barbara Loomis. eleven years 90.
by James Brennan. ffty-eight,. At REV
London. Conn.,. September Z. 1870 Mr..
Brepnan supported the child In the ocean
until he got help.
The second rescuer then swan to shore
with the girl. leaving Mr.. Brennan to
take care Of himself. He foated OF and
when others reached him they found him
dead.
He had been troubled with heart dis
ease. and the excitement and exertion
killed him. His widow received bronze
medal and SIS month for her support.
J. Malcolm Semmes. former resident
OF st. Louis, living in Memphis. received
silver medal for rescuing Mrs. Belle
Allstadt and her daughter Ira. four years
old, in runaway m Memphis September
q. 1912. Mr.. Semmes is a granddaughter
of Admiral Semmes. of Alabama.
Heroism Knows No Distinction.
Some Of the most heroic rescues re-
lated in the report are those made and
attempted in accidents to well borers.
Gas and the unexpected caving-in OF
earth makes well boring a very danger
GUS occupation. especially in the natural
gas and oil districts.
Many of the brave fellows, undaunted
the man at the well bottom, have gone
down to attempt rescue. and, sad to re-
late. the result has often been that res
The Washington herald., 1913-04-20
WANT AID HOROSCOPE.
APRIL 20.

Children born on this date should be
given every educational advantage.
Taurus is hard sign to be born I'M
der II is the head sign Of the earth
triplcity and gives material desires
and inclinations.
People of this birthdate like all the
good things to eat and drink and moth
ing affords them so much pleasure as
to sit down to a table spread with a
feast
They are lavish in entertainment and,
i'm spite of their extravaganza. they
often amass fortunes.
They are very fond of external APP
pearances and live In the sense world
almost entirely. When educated and
developed they reach heights as lead
ers Many noted diplomats were born
under this sign.
The coming week il will be well to
advertise, through the Want Ads. all
activities pertaining to the home.
Domestics will find positions and wait
ers, chefs, and hotel managers will find
the Want Ads useful.