davidaulloa/AmericanStories huggingface dataset:
The Washington times., 1934-05-02

other property Is admissible as
evidence of the value of the prop,
erty in question. In answering
this question, 1t is found that the
two leading principles already ex.
pounded come into joint applica-
ton, the principle of relevancy
and the principle of auxiliary
policy. According to the former,
the value or sale price Of the other
property is irrelevant unless the
property is substantially similar in
conditions; according to the Sec
ond, it may also be excluded,
though relevant, if it involves in
the case in hand q diSproportion-
ate confusion of issues and loss of
time. The latter consideration has
weighed so much with a few courts
that they have treated it as re-
curing the absolute and invariable
exclusion of such evidence. 1t
is enough to note (1) in answer
to the argument from relevancy,
that since value is a money esti-
mate of q marketable article pos.
sessing certain definable qualities,
the value of other marketable
articles possessing substantially
similar qualities is strongly evi.
Dental and is so treated in com.
mercial life; all the argument and
protestation conceivable cannot
alter the fact that the commercial
world perceives and acts on this
relevancy; 10 in answer to the
argument from auxiliary policy, it
may be noted that this objection
may or may not exist in a given
instance, and that the rational
and practical way Of meeting it is
to allow the trial court, in its dis
cretion, to exclude such evidence
when it does involve a confusion
The Washington times., 1934-05-02

of issues, but otherwise to receive
it."
AS pointed out by Mr.. Justice
Holmes in the O'Malley case, there
are cases in Massachusetts holding
both favorable and unfavorable
to the admission of such evidence.
A similar situation may be found
by an examination of the cases
in New Jersey, New Hampshire,
West Virginia, and other States,
but in all of these judicial utter
anceS the inadmiSSibility Of the
evidence is placed upon the ground
OF compulSion, either upon the
vendee or vendor, or of circum-
stances tending to establish a
compromise in the purchase prize
which would deprive it of eviden-
tlal relevancy in the establishment
of fair market value.
An examination of the record
in this case discloses nothing that
would indicate the existence of
any Of these prohibitive condi-
tions, either in the purchase of
the school site or of the Bureau
OF Standards site, which would
prevent the admission of this
evidence on behalf of appellants.
In a communication by the as
siStant to. the Engineer Commits
Sioner of the District, addressed
to the Washington Home for In
curables, with a view of securing
a portion of the land purchased
for the school site, the Engineer
Commissioner said:
II therefore, now formally
offer you, subject to the ap-
prOval of the Commissioners Of
the District Of Columbia, q price
of so cents a foot for this prop
erty, and l respectfully request
that you give this matter care
The Washington times., 1934-05-02

which showed that the purchase
was made without compulsion
and not by way Of compromise,
the court. holding that evidence
Of the purchase price Is admiS-
sible for the purpose Of aScer-
tanning market value of the re-
naming undivided half of the
same property, in a proceeding
instituted by the company for its
condemnation, said:
without undertaking to say
what the rule would be, as ap-
piled to a different state o.
facts, we are of the opinion that
the railway company having pur-
chased an undivided one half
interest in real estate at a Spe-
cific price, under circumstances
which show that the purchase
was made without compulsion,
and not by way of compromise,
is admissible evidence for the
purpose Of ascertaining tn e
market value of the remaining
undivided fee-simple one half Of
the same property, in a proceed
ing instituted by the company
for it's condemnation"
The conditions under which
evidence Of this sort is admissible
or inadmissible is considered by
Wigmore in his work on evidence,
in section 463, as follows: "For
evidential purposes, sale-value Is
nothing more than the nature or
quality Of the article as measured
by the money which others are
willing to lay out in purchasing
it,. AS the price at sale is, by
the law Of damages, conceded to
be an element in the test of value
Except perhaps in forced saleS)
this question is usually presented
in the form, whether q sale of
The Washington times., 1934-05-02
ADKINS PREPARES DECISION IN BANK CASE

It was a trying task for his
predecessor, Marshal Snyder, but
the latter kept it well in hand.
Labor for maintenance work for
which Superintendent Hayes and
his assistant were not equipped,
was borrowed from the Capitol
and goodness knows where they
got the extra help cleaning up
after big trials had been held.
That Bishop Cannon trial
made its mark on the district
attorneys staff. Last week John
Wilson went off to Atlantic City
to recuperate and now District
Attorney Leslie C. Garnett him
self Is under the weather as a
result Of a severe cold he con-
tracted during the trial. Or 1t
may be he is just broken down
as a result of that Scurrilous
anonymous letter, adorned with
red crosses and signed with three
similar letters Of the alphabet
which told him he was lucky the
clergyman was acquitted.
Things like that are just a part
Of the Government prosecutor &
job, however.
Julian I. Richards was once
designated to prosecute a colored
slayer. The victims family want
ed the mans life and a large
number of other persons were
working in the defendants be
half. A Second-degree plea was
offered and the case went to
trial with six women on the jury
The verdict, naturally, in view
Of the evidence. was for second
degree murder and the family Of
The Washington times., 1934-05-02

the victim excoriated Mr.. Rich
ards for failing to get first de-
gree verdict. Their principal cause
for abusing him was the fact that
he had permitted the six women
to remain on the jury.
Later, an informal poll Of the
jury revealed that the six women
were the only jurors who had
steadfaStly stood out for a first
degree verdict and almost caused
a deadlock.
Robert H. McNeill, eloquent
and clever attorney for Bishop
Cannon, was assisted during the
trial by his son, George H. NC
Neill, which caused him some per.
turbed moments while the jury
was being selected for the trial.
One juror, having been told
that George McNeill was of coun.
sci, informed the court that she
was a client Of the younger Nc
Neill. The elder McNeill doubted
the lady'S word in polite fashion,
but she was positive that George
Mcneil was her lawyer.
Finally it dawned upon counsel
that she might be referring to
George e. McNeill-and after the
latter had presented himself in
court, the mystery was solved.
Incidentally, George e. McNeill
and Capt. David A. Pine are fire.
quently in each others company
and there is a reason for it. Both
graduated in the same class at
Georgetown Law School in 1918
and both were assistant Attorneys
J General following the war,
The Washington times., 1934-05-02

full consideration. In addition
to the very fair price which you
will be securing for this prop
erty, you will avoid any further
expense Of condemnation pro-
ceedings, and will have the
satisfaction Of knowing you are
not causing additional expense
to the taxpayers Of the District
by requiring them to pay for
court proceedings In this mat
ter"
Since the evidence relied upon
by the Commissioners in this case
is little more than one-third of the
valuation fixed in this communi.
cation, and the character of the
property identical or nearly so, the
Commissioners would be foreclosed
from objecting to the evidence
on the ground of compulsion, or
fear of condemnation proceedings.
In other words, had the evidence
adduced by the Commissioners
shown a valuation in excess Of
the price paid for the school prop
erty, and the Commissioners had
insisted upon the evidence Of the
value of the property to be con-
demned. an objection might have
been interposed by the defendants
on the ground that the language
used by the Engineer Commits
sioner to the effect that if his
offer we're accepted, the delay and
expense of condemnation proceed.
ings would be avoided. would JUS
tify the inference that the ven.
dors were induced by the state
ments of the city engineer to &C.
cept less than the actual value
of the property. These state
ments, made in the interest Of
CONTINUED on Page ~, Col. !.
Second Section)
The Washington times., 1934-05-02

The court, upholding the admis
sion of this evidence, said:
"An exception was taken to
the admission Of q sale to the
Metropolitan Water Board. If
the Judge had been Of opinion
that, as was found in Cobb vs..
Boston, liz Mass. 181, 1873, the
evidence related rather to
settlement Of damages Occa-
stoned by . taking than q sale,
and had excluded the evidence
on that ground, very likely we
could not have said that he was
wrong. Sawyer vs.. Boston, IA
Mass. 47O, All. But the excep-
tiOns show none Of the circum-
stances, nothing beyond the
hare fact of q sale. We cannot
say merely because Of the name
Of the purchaser that the sale
was not . fair transaction in
the market, rather than . COM
pulsOry settlement. The board
has power to purchase as we'll
as to condemn land"
1t will be observed that in the
above case the purchase was not
by the condemning party, but by
another party, as in the instant
case of the Government purchas-
ing the site for the use Of the
Bureau of Standards; but, in the
absence Of conditions forbidding
the admission Of such evidence,
the rule does not seem to be
different where the purchase has
been made by the condemning
party.
In the case Of Seaboard Air
Line Company VS.. Chamblin, 1OS
Va. AZ, a railway company hav-
ing purchased an undivided half
interest in real estate at q speci-
fled price under circumstances
The Washington times., 1934-05-02


Special Today railroad tickets
from washington to Minneapolis
and return will be placed on sale
Saturday, June %, with stopove1
privileges in Chicago on the re
turn trip to enable the realtors
to visit the Century Of Progress.
r. Marbury Stamp has returned
to the city after an extensive
South American trip.
President A. c. Houghton has
announced that the meeting ar
ranged by the real estate board
to discuss the real estate broker
age code in the Chamber Of Com
merce Building on May 16 is open
to all brokers and saleSmen.
> It is important that every
broker and agent in the District
Maryland and Virginia attend the
conference, Mr.. Houghton stated,
as the code application to the
industry in general and its COM
pulsory compliance feature will be
discussed.
The Boss and Phelps firm Is
doing its bit toward improving the
apartment vacancy situation, 1t
appears from reports.
william Wedding, Of the rental
department says that their vacan'
cies are getting fewer and fewer
and business in that line Is better
than it has been for several years
at this time.
But for the persistent cold
snaps, that keep apartment and
house hunters indoors, Bill says
business would have been even
better.
Today is the second day of the
round table discussion on city
planning which is being held in
Room A, United States Chamber
of Commerce Building, with Fred
eric A. Delano, chairman of the
National Planning Board, acting
as chairman.
Stuart Fitzpatrick, manager OF
l11O NA10A1AUC1 . CAFAN NSEOAOkAAA%A1N
department has arranged an in
teresting program for the three
day session which ends May 4.
George L. Radcliffe, of Balti'
more, will discuss THE Contribu'
tion of Planning to Permanent
Recovery; Harrison P. Eddy OF
Boston, president of the American
Society of Civil Engineers, will
speak on can Engineering Anal
ysis of the Public Works Pro
gram" and Harland Bartholomew,
st. Louis, Mo-, city planning au'
thority, will discuss New Interest
in City Planning"
Joe Chamberlain, Des MONIES
Gowa realtor, and his wife
stopped off in the city on their re
turn home from a trip to Florida
and the East They were guests al
Realtor Cafritz' Ambassador Hotel
while here and Mr.. Chamberlain's
friend, Henry Wallace, Secretary
Of Agriculture, took them to the
White House.
The Washington times., 1934-05-02

r. Justice Jesse Adkins is engaged
IN preparing his memorandum
opinion on the Park Savings Bank
case.
For several days the justice has
been closeted in his office study
ing this case and the Chesapeake
Ind Potomac Telephone case,
bearing Of which was completed
last week.
3 Both cases are Of unusual in
terest-particularly the Park Sav.
4ngS Bank case. Probably no
other case in local court history
has so many questions of banking
law involved in its solution. Be
lcauSe of the number of parties
Involved, the opinion will neces-
:sarily be a voluminous one but
ithe controlling law which the
;court will set forth will be tabu-
Hated by lawyers all over the
country.
John B. Colpoys. newly ap-
pointed United States Marshal,
isn't getting a very fair break
Inducted into his new position
scarcely two weeks ago, he is now
on the mat before the House Dis
Strict Committee attempting to de-
fend the discriminating appro'
priation for his office for the next
year. It is reported that he is do
sing his job on the hill rather clev'
serly.
! with the help of Stephen
sCallahan. Mr.. Colpoys may be
sable to keep the courthouse 60
sing on the meager appropriation
at has been allowed in the past,
and he says he Is ready for the
task.
The Washington times., 1934-05-02

the annual CON
Vention at Min
Aeapolis mex t
month, accord
ing to a n
nouncement Of
the Board OF
Dire c t o r s
yesterday.
Chair m a n
Donohoe has al
ready put his
plans in opera
ton to insure
a strong attend
ance Of local
realtors at the
.4.4
The Washington times., 1934-05-02
Bliss Gardens Open
/. For Benefit Exhibit

: For the benefit of the Home
for Incurables, the Robert Wood
Bliss garden in Georgetown will
be opened to the public to-day
from 2 to 6 o'clock. Many are
expected to visit the 60-acre
estate, IS acres of which are laid
out in gardens.
The Washington times., 1934-05-02
DONOHOE PLANS
To LEAD BIG
!, GROUP WEST !.
By DICK BAKER

Clarence F. Donohoe, local
realtor, will head washington
Real Estate Boards delegation to
The Washington times., 1934-05-02

1t happened in one of the smartest social sets.
Four guests were arguing bottle of good pure
liquor for SO little money? 1t wasn't possible!"
That gave the hostess an idea. She produced four
glasses, each half6ed with whisky. One glass held
a bonded liquor, two others contained expensive
blends, the fourth - SWEEP STAKES. Only the
hostess knew what brands were in the glasses.
''Take sip of each," she requested; ''Then tell
meIwhich you like best" They sipped-they shifted
and three out Of four gaze first place to
SWEEP STAKES!
you of the vanishing few who still believe that
liquor quality comes high, invest in SWEEP STAKES
blended whisky Give it real workout. Sip it. Sniff it.
Compare it. The millions who enjoy it can't be wrong!
Dt'iNed BY CONTINENTAL DIsTILLINC CORP, Philadelphia
Evening star., 1934-11-01
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ELECTRIC
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Floor samples, demonstrators and re-
possessions, but all with new refriger-
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Evening star., 1934-11-01
NO DOWN PAYMENT!

These refrigerators may be purchased
on Lansburgh's exclusive Meterator Plan
and as low as 15c per day, depending
on the model.
LANsBURGHs-sIxTH FLooR-HoUsEWAREs
Evening star., 1934-11-01

Kelvinators, a cubic #. capac-
ity. Were SIP, now ........ .S99.50
l Kelvinator, cubic #. capac-
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Kelvinator, 512 cubic ft. capac-
ity. Was $154.50, now. .... $139.50
1 Kelvinator, 512 cubic ft. All
porcelain enamel. Was 1924, S1S4.50
Evening star., 1934-11-01

Sarouk, Kirman and Kashan replicas il
fine, heavy, long-wearing rugs. Patterns ar
woven thru to the back with high lighting
woven in to give the effect of light and shad
so typical of Orientals. May be purchased Of
our Deferred Payment Plan.
Evening star., 1934-11-01

S misses suits-one three-piece
brown tweed with beaver collar. size
l8-2 size 16 suits, one brown and
one black with short jackets, fur
trimmed Were s5975.
NEUTRALITY-SUSPICIOUS. FLOOR
SUIT DEPARTMENT.
The Waterbury Democrat., 1934-11-02
COMEDY
 STARS CHEVALIER
The Merry Widow Opens -Four Day Run at POli's
 Tomorrow

"A superb double feature pro- gram made up of What Every Woman Knows, featuring Helen Hayes, and a Zane Grey outdoor story which makes a thrilling film, sWagon Wheels, will come to the end of their local engagement at Polls tonight.
 For four days starting tomorrow Roli's happily presents to its pa- irons the outstanding musical con- edy of all time made into a film that surpasses the stage play which had the most remarkable run of its time, the title of the pie ture is '"The Merry Widow" and who amongst us has not heard the ttfneful strains of this play before? Brought to the screen 1t comes Tn a greater glory and magniticence that was impossible on the spoken stage.
 In the leading roles to make the picture more entertaining will be found Maurice Chevalier and Jeanette Mcdonald ably assisted by Edward Everett Horton and Una Merkel in comedy roles. The droll singing of Chevalier who plays the dashing count and the Beautiful voice of Miss Mcdonald are perfect.
 s.Critics all along the line are unanimous in proclaiming this the best musical picture that has ever byen made. This is possibly ac- counted for in a small measure by tue appearance in the film of Exanz Lehar, the composer of the score. M. G. M. sent apparatus and technicians over to Vienna to have him play the music with his own orchestra and this has been bnought back and recorded for the picture. A symphony orchestra of oyer 200 instruments is a feature of the picture and in addition to the singing and instrumental se- lections there is also the essence of grace as personified in the dance by the Alhertina Rasch dancers who were brought to Hol- lVwood for one appearance in the dance scenes of this truly great picture.
 In addition to the feature there VIII 9also be the usual carefully se- 1ected shorts that are so popular. This week will be no exception as ones have been selected that har- monize with the high caliber of the feature picture.
The Waterbury Democrat., 1934-11-02
HILLIES' STAGE
 3RD ANNUAL DANCE
First Club to Engage New Community Club for
 Public Event
WASHINGTON HILL

The Reymond Hillies A. c. will hold their third annual dance to- night in the new Washington Park Community House. The Hillies for the past few years have been the leading junior basketball team of Washington Hill and only this year were picked to represent Wa terbury in the State Basketball league. The dance this evening will be the first dance to be spon- sored in the new house by any organization aside from the Com munity club, and for that matter it is expected that the many dance lovers not only from Washington Hill but also from other parts of the city will visit the hall this evening and test out the new dance floor.
 The committee in charge of the dance has been working for the occasion for the past two weeks and it is expected that when Macs Black and White Melodians or chestra start the dance program for the evening that the hall will be pretty we'll filled.
 Parking Space Next Autoists who use the new com munity house are now faced with the problem of parking space. When cars park on both sides of Sylvan avenue it makes it very dangerous especially when the Sylvan avenue bus passes by. It is figured to have cars parked on the ball diamond when a dance or any other event is taking place in the hall but after a rain storm the ball diamond becomes pretty muddy and autoists take the chance of becoming mired in the mud. Many residents of the Hill have suggested that the city or park de- partment use the land adjoining the community house and make Q parking space out of it. The land consists mostly of rocks and trees and it is thought that it would be too much of task to clear them to make room for parking. How ever, there is a possibility of the park department clearing the site | and to use it for a parking space if the new community house is pa tronized and the parking problem gets so that it will intend to tie l up traffic on Sylvan avenue.
The Waterbury Democrat., 1934-11-02
COLORFUL COMEDY
 BILLED AT STATE
Transatlantic Merry- Go-Round" Begins To-
 morrow Afternoon

One of the greatest casts of radio and screen stars ever assem- bled to play important roles comes to Warmers State theater tomor- row when the biggest and best mu- sical comedy sensation of the year Transatlantic Merry begins a four day engagement,
 Headed by Jack Benny, Nancy Carroll and Gene Raymond, it in- ludes Sydney Howard, who is known as England's Chaplin, Mitzi Green, Sid Silvers, Frank Parker, the Boswell Sisters, Sidney Black mer, Ralph Morgan, Shirley Grey, am Hardy, Patsy Kelly, William Boyd, Jean Sargent and Jimmy Grier and his orchestra.
 Jack Benny's broadcasts from the high seas, including limitations of famous screen personalities by the now grownup Mitzi Green, songs by Frank Parker and the Boswell Sisters, comedy by Patsy Kelly, music by Jimmy Grier and his orchestra and elaborate dance ensembles by bevy of Holly wood beauties, are high spots of this Harry M. Goetz- Edward Small production, which Benjamin Sto- loff directed for release through United Artists. Sammy Lee and Larry Ceballos directed the mu- sical sequences in the story which is from the pen of Leon Gordon.
 'It Was Sweet of You" Rock and Roll'' and "Oh, Leo!" three of the tuneful song hits in "Transat- lantic Merry -Go-Round," were written by Sidney Clare and Rich ard Whiting. while a fourth, If Had a Million Dollars" was con- tributed by Mercer and Malnick.
 The companion feature will be the screen adaptation of Ursula Parrott's hit novel There's Always Tomorrow with the new screen find Binnie Barnes and Frank Morgan heading an imposing cast of favorites.
 Performances this afternoon and tonight until p. m.. only,i conclude the engagement of Wednesdays Child' and Big Hearted Herbert. The theatcr will be closed at 2 p. m. to prepare for the inaugural broadcast of Wa terbury's new radio station WIxBS which will be held at this thcater during the remainder of the eve- niYlg
The Waterbury Democrat., 1934-11-02

The following players have not played any games as yet: M. J. Pierro, F. E. Weaver and S. Web- ster and according to the rules. if they do not appear by Saturday. their names will be withdrawn.
The Waterbury Democrat., 1934-11-02
GARDEN

''Murder at the Vanities' the Paramount film adapted from Earl Carroll's stage hit, and which com pines, for the first time, a brilliant musical show and murder mys- tery, comes on tomorrow to the Garden theater.
 s Paramount brought Carroll to Hollywood to supervise the screen production, and he took eleven of his famous New York beauties to Hollywood to appear in the film. After he arrived he then picked seven Hollywood girls to be with his eleven and the eighteen are featured with Carl Brisson, Victor 1fcLaglen. Jack Oakie, Kitty Carl- isle, Duke Ellington and his fa-
 nous orchestra. Dorothy Stickney and Gertrude Michael.
 @The companion feature will be ssThunder over Texas" starring BE Box Williams. Added attrac- ton, Chapter of Burn Elm Up Barnes serial.
The Waterbury Democrat., 1934-11-02
NEW TWIN BILL
 NOW AT STRAND
Charlie Chan in ''LOndOn'' and Desirable" Open
 This Afternoon

Charlie Chan in London" heads the all new double feature pro- gram being presented at Warmers Strand theater today and tomor- row.
 Advance report likewise has it that Charlie Chan in London" is the swiftest and most enthralling of all Chan screen dramas to date. It's cast headed by Warner Gland, the creator and only interpreter of the willy Chinese sleuth, this new Fox Film is said to guarantee the most blase audience a first-class case of quakes and shudders. In current literature the engag- ing Charlie has supplanted Sher- lock Holmes and Philo Vance as the worlds foremost criminal ex- pert. On the screen this is equally true. Oland has become so closely identified with the character that he has received considerable fan