Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-11-09
Writ Against Wilbur Finding
on Usage Indian Lands Is
Reversed by Ruling.
TENANTS SIDE UPHELD
IN TRIANGLE SITE CASE
A. W. Nelson Child Support Verdict
of Jury With Women Serving
Is Approved by Justices.

The District Court Of Appeals today
handed down six opinions in cases
heard last month, five of them relat-
ing to appeals from the District su-
preme Court and one from the Juvenile
Court. The Supreme Court was af-
firmed in two opinions and reversed in
two, and the fifth opinion was modified
and affirmed. The decision of the ,Ju-
venile Court was affirmed.
The first reversal was rendered bv
Justice Van Orsdel and involved a con-
oemnatlon proceeding in one of the
Federal triangle cases. The conden-
nation jury had awarded the owner of
the premises at 408 Thirteenth street
S32,OOO and reported lease of ROYAL
II. Carlock, the tenant, to be of No
value. The lease was made January i.
1923, Tor term Of 10 years at varying
yearly rentals in consideration of the
tenant remodeling the building
justice Van OrSdel declared he was
not impressed with the contention If
Government counsel that the tenant
was not entitled tc remuneration for the
improvements which he placed on the
property, since the improvements revert
10 the owner at the termination of the
lease.
The lower court was directed to set
aside the award of the Jury in so far
as IL related to the lease, and to grant
rehearing and the value Of the lease
II any, found at the rehearing is to
De deducted from the amount of the
award to the owner.
Oil Mandamus Vacated.
Justice Van Orsdel also delivered the
other reversal, which vacates a writ of
mandamus granted by the District SUI
preme Court commanding Secretary of
the interior Wilbur to vacate his find
ing that the Usage Co. did not have a
wang lease to certain oil and gas lands
In Oklahoma.
Justice Van OrsdeI called attention
70 the act of March 2, 1929, by which
the whole matter of the jurisdiction of
determining the status of the Osape IN
o1an lands and the leasing of the same
and the determination of whether or
not the leases are complied with. as re-
CURED by law, Is reposed in the Secre-
tary OF the Interior. and the only linita-
ION on ms power to declare that an
SAiSGing lease has expired resides in the
determination as to whether or not at
Gne termination of such lease it is pro-
ouclng gas or oil in paying quantities
JuStlce Groner rendered the opinion
OF the appellate court modifying and af-
Lrmlng decree of the lower court for
an d, accounting and a Judgment for
Utilities Corporation of Richnond in
favor of the Colonial Ice Cream Sx
zero PRODUCTS. Inc. The appellate court
neIo there was breach of the contract
sued on, but disagreed with the lower
court In Its method of ascertaining dam
ages. It disallowed the sum of S866 "a
and af1rms the lower court as to the
balance of $721.80.
Realty Injunction Denial Upbe.d
IN an opinion by Justice Groner. the
court aff1rmed the District Sllnrene
Court In its refusal to grant an iniunc.
Ilon sought by Francis A. Blundon and
LOUIS Q. DiSmer, real estate agents
against Walter B. Guy and C. Chester
CayWood, appointed trustees by the
court to make partition of certain real
estate. -eoA
The District Supreme Court was .f-
nrmed in an opinion by Justice William
Hltz diminishing a bill to enforce
mechanics lien which was filed in the
name of a former owner after the
property had been acquired by another
purchaser. The suit to enforce the lien
had been brought by the Chamberlin
Metal Weather-Strip Co. against James
l.. karr1ck and others, owner of an
apartment house at 3446 Connecticut
avenue.
The court pointed out that the oues-
ton was whether a lien naming the
former owner, when he was not the
owner, was such a noncompliance with
the statute as to deprive the plaintiff
OF its benefits. The lower court held it
was and Justice Hitz concurs in that
ruling.
LEGITIMACY Case Affirmed.
The Juvenile Court was upheld In a
decision by Justice Hitz that Augustus
w. Nelson was properly adjudged in
that court by Jury to be the father
OF an illegitimate child and was or
dered to pay So weekly for its support.
Two questions were raised on the ap-
peal. One was that the jury was L.
legally constituted because of the pres
ence OF three women on the panel. and
the other was that the proceeding has
been brought in the name of the United
states when 1t should have been in
the name of the District of Columbia.
Justice Hitz pointed out that the OBJ
Jectlon to women on the jury was first
raised on the motion for the new trial.
winch precludes its consideration on ap-
peal The name of the prosecutor was
purely technical, he holds, and involves
no substantial right of the defendant.