davidaulloa/AmericanStories huggingface dataset:
Evening star., 1934-04-18

other accessories of brown and she
carried a cluster of Spring flowers.
DR.. William B. Marbury was best man
for his cousin and the ushers were
DR.. John Schwartzman and Mr.. Will
liam Noble Richards.
DR.. Marbury and his bride left i'm
mediately after the wedding for a
short trip and after May l will be at
home at 1921 Kalorama road.
Evening star., 1934-04-18
Notable Hospitality Attends
Congress- Of ID. A. r.

Mrs. George H. Dern, wife Of the
Secretary of War, was guest at the
Connecticut D. A. r. luncheon given
Yesterday in the Chinese room of the
Evening star., 1934-04-18

The marriage of Miss Sallie Law
son, daughter of Mr.. John Lawson,
formerly of Baltimore, to DR.. John B.
Marbury, son Of Mr.. and Mrs. Ben
jamin Fendall Marbury of Washing
ton, took place this afternoon. The
ceremony was performed in st. AL
bans Church. the rector, the Rev
Evening star., 1934-04-18

Maj. and Mrs. C. w. Stevens, who
have been spending some time in
India. are in Washington at Ward
man Park Hotel until the latter part
OF the week.
The Washington times., 1934-05-29
Realty Men Optimistic

Washington real estate men are
more optimistic today, in so far
as conditions in their field are
concerned, than they have been
for four years.
This was the consensus among
a number Of the Capitals most
prominent realtors. It was point
ed out that in many instances
the demand is far greater than
the supply in both apartment
houses and dwellings.
j. Wesley Buchanan, 900 block
Fifteenth st. N. w., said:
To-day we are more hopeful
than We have been for four
years. OF course, there Is no
housing shortage in Washing
ton, but the demand is growing
rapidly, which is mainly due to
the fact that there is not nearly
so much construction in proc
eSs now as in the past.
"NOw, incidentally, is the time
for people to buy, as the price
Of building material IL advanC-
ing as time goes on"
The Washington times., 1934-05-29
Plaintiffs Contention

The plaintiffs contention being
that in the light Of the allegations
in the declaration that the essence
Of the complaint was the nonfeas-
ance of the defendant over the
whole period from April Is, 1927
to December 81, 1880, "notwith-
standing the complaints Of the
plaintiff during that period" the
defendants plea Of the statute Of
limitations is not a defense to the
action. See Gillette VS.. Tucker, 81
Ohio State 106, IS N z 865;
Schmit VS.. Esser (Minn) '236 N. w.
622.
The declaration further alleges
a negligent failure Of the defend
ant to inform the plaintiff of the
true condition Of her gum during
the above mentioned period. And
it is contended by the plaintiff
that such a failure, under the cir
cumStances set forth in the dec
laration, Is a fraudulent conceal
ment, which suSpends the running
Of the statute of limitations. See
Lewis VS.. DeniSon, 2 App. D. c.
387; Amer. Natl Bk. VS.. Md, FL
deity Co., 131 Ga. 854, So 8. e.
622; Wagner VS.. Standard Seed
Lester Co., 1914 Iowa 1880, 1881 N.
w. 314; Bowers VS.. Santee SO Ohio
State 361, 124 N. e. 23S;. Natzel
VS.. Todd 157 N. e. 4O5 (Ohio); De.
HAN VS.. Winter 241 N. w. 923
CMich) Sly VS.. Van Lengen 189
N. Y. 8. 60S.
The foregoing, though it may
be good law as to the statute Of
limitations, does not settle the
question as to whether or not q
plea Of the statute can be reached
by demurrer.
The fact that the complaint set
forth alleged non-feaSance Of the
defendant from April IS, 1927,
to December 81, 1880, notwith-
standing complaints of the plain.
tiff, Is not such q statement as
would preclude a defense Of the
statute but would, at most, put the
matter to proof and if upon trial
it develops that the statute Is q
good defense then such a plea Is
proper; at least, it should not be
ruled upon demurrer, but deter
mined after evidence has been
presented to the trial. See Lewis
VS.. Dennison 2 App D c 387.
The Washington times., 1934-05-29
Georgetown Citizens Ask
More Recreation Space

Georgetown Citizens Association
meeting in Potomac Saving Bank,
endorsed a report from its com.
mittee on education, Henry w.
Draper, chairman, requesting the
District Commissioners to pur.
chase additional land adjacent to
the Curtis-Hyde School for recrea.
tional purposes and to install i'm.
proved toilet equipment in Hyde,
Corcoran and Jackson Schools,
President B. A. Bowles was di'
rected to appoint a committee to
consider rerouting street cars and
busses serving Georgetown.
Entertainment was provided by
the Boys Club in a four act play.
A change of meeting place will
be determined at the next meet
ing which will be the fourth
Monday in october. Mr.. Bowles
presided.
The Washington times., 1934-05-29

long as most people have no
respect for traffic regulations we
will continue to have accidents,
he said, in reporting five deaths
this year at traffic light con-
trolled and stop sign intersections
Traffic laws are all right, he
stated, If drivers would only OBJ
serve them. He said it was not
the intention of his department
to place a ban on all-night park
ing, but the time is not far dis
tant when parking must be taken
off important thoroughfares.
Suspension Is Urged
G. Howard Huntington, DR.. F
Thomas Evans and H. M. Ian.
ford were appointed a special COM
mittee to report on all night
parking in the associations terri.
tor. On motion by George A. War
rem resolution was passed re-
questing the District Commission.
ers to cancel for the period of one
year the permit of any driver
found guilty of operating an auto.
mobile while intoxicated.
A resolution was adopted ask.
ing the widening of G st. from
Seventh to Ninth by cutting off
ground on the north side of the
Old Patent Office Building now
used for parking purposes and also
the widening of Mount Vernon
Pl. from Seventh to Ninth. In
dorsement was given the joint
resolution introduced by Repre-
sentative Kenney to require all
teachers of public schools and
other institutions of learning to
take an oath of allegiance, also to
a bill by Representative Norton
for the election of Dis.
trict delegates to major political
conventions.
On motion by G. Howard Dun
the association reaf-
firmed a former protest against
appointment Of people not resi-
dents of the District Of Columbia
The Washington times., 1934-05-29
|OVC BODY TOLD OF RECKLESS DRIVING

to local positions by the District
Commissioners.
Want Postal Service
Due to the closing Of a branch
postoffice at Seventh and K
Streets, Postm aster William
Mooney will be requested to re-
establish postal facilities at one
Of the stores in the neighborhood
on motion of Mrs. A. w. Skinner.
Five dollars was subscribed to
the Community Center Fourth Of
July fund.
A resolution by Edith L. Gros-
venor was adopted requesting
Congress to appropriate funds for
a new building to replace the
old Dennison Vocational School
for girls.
The association adjourned last
night subject to the call Of the
executive committee. Entertain
ment was provided by Ed C'Tony
the Barber') Callow. Nineteen
new members were elected.
The Washington times., 1934-05-29
STATUTE OF LIMITATIONS
FRAUDULENT CONCEALMENT

STATUTE OF LIMITATIONS
FRAUDULENT CONCEALMENT
Where a declaration alleges a
fraudulent cOncsGlment in an at-
tempt to suspend the running Of
the statute Of Limitations, and a
plea Of the statute is filed, said
plea cannot be reached by de-
n1urrsr but must Be decided upon
the facts developed at the trial
of the cause.
May "a, 1894.
In Brassler VS.. Anderson At Law
No. 1854, a declaration was filed,
December 26, 1892 the essence Of
the complaint being the nonfea-
sance of the defendant, in the
treatment Of a patient, over q pc.
riod from April is, 1927, to De.
cember 81, 1880, Notwithstanding
the complaints Of the patient dur.
ing that period.
To this declaration, following O
long period of preliminary plead.
ing, a plea Of the statute Of Hmi-
tationS was filed.
The action now comes before
the court upon demurrer to the
third amended second plea; which
is the plea Of the statute.
The Washington times., 1934-05-29
Only An Allegation

The allegation Of the negligent
failure Of the defendant to inform
the plaintiff Of the true condition
Of her gum during the period men
toned, is after all, only an ale
cation tending to infer fraudulent
concealment and cannot be con-
Sidered as proving fraudulent con
cealment until evidence is adduced
hereunder at the trial, at which
time the court may, or may not,
suspend the running Of the
statute. The suspension does not
take place upon the allegation but
is dependent upon the proof which
supports the allegations Of frau
dulent concealment. See 2 App D
c 387; dissenting opinion in Gil
lette VS.. Tucker IS N. e. S65.
The Washington times., 1934-05-29
LEGAL NEWS---COURT RULINGS
D. C.. Supreme Court
Recent Decision

Lewis VS.. Denison, 2 Appeals, D.
c., 387, is one Of the cases relied
upon by the plaintiff and referred
to as authority for the fact that
where the declaration alleges the
negligent failure of the defendant
to inform the plaintiff Of true
condition, such failure is fraudu-
lent concealment and suspends
the running Of the statute Of lin
itations. The language used by
the court in that case, which was
the hearing on appeal by the plain
tiff from an order Of the Supreme
Court of the District Of Columbia
sustaining q demurrer, and in
which the lower court was re-
versed, is as follows:
"In accordance with these views
we must hold that the court erred
in sustaining the demurrer to the
replication. If it be made to ap-
pear on the trial that the defend
ant kept the fraud concealed, or
that it was Of such nature as to
remain concealed after perpetra-
ton, and that therefore plaintiff
did not discover it, nor discover
any facts sufficient to put him
upon inquiry, which If followed
with ordinary diligence would have
led to its discovery, until within
three years before the time Of fill
ing his suit the statute of limita-
tions will be no bar to his re-
covery."
The Washington times., 1934-05-29
Trinidad Citizens Oppose
Ban on Night Parking

Trinidad Citizens Association,
meeting in Wheatley School,
adopted a resolution opposing a
ban on all-night parking and COM
mending Commissioner Melvin C..
Hazen for stating he would oppose
any ban during his term. Capt.
Richard Mansfield, Of No. 9 pre-
cinct station, was commended for
strict enforcement of traffic regu-
lations.
A resolution will be forwarded
to the Commissioners asking that
the activities of the fire rescue
squad be increased. The calls of
this department having been re-
duced by a recent action Of the
Commissioners.
The Capital Transit Company
will be asked to improve cross
The Washington times., 1934-05-29
North Capitol Citizens
Battle Over Parking

The entire meeting of the North
Capitol Citizens Association last
night in Mckinley High School.
was devoted to considering a re-
port from Guy w. Numbers, Of
the public safety committee, in re.
sponse to q request from the traf-
fic department for an opinion on
all night parking. After every
member present spoke, and several
threatened to resign from the asSo-
citation should q parking ban be
adopted, it was finally decided
that day and night should be pro-
hibited, but because Of economic
conditions and the fact that many
persons are out of employment the
association was not warranted in
recommending a ban at the pres.
ent time.
Mrs. E. C. Dice, Howard Beavers
Max L. Shulman and Samuel
Ganenbaum were elected to mem
berShip.
The Washington times., 1934-05-29
FEDERAL LOANS
FOR REPAIRING
HOMES NEAR

Through the maze Of ballyhoo
which has attended the 200 mil.
lion dollar allotment for home
reconditioning come the final
plans which in a few weeks will
make a goodly portion Of the
funds available to Washington
home owners.
The national Home Owners
Loan Corporation yesterday sent
Paul Justement to the local unit
as field supervisor for the Dis
trict of Columbia.
Within the next few days the
local office will accept applica-
tionS for home loans to finance
repairs. It will take several weeks
to review the applications and
pass on their eligibility, and after
this period the money will be
available.
$500 Seek Loans
More than $500 applications
are on file at the local unit Of
the HOLC, and of this number
the following will be able to get
the home repair loans:
ThOSe who have already Sc
cured loans from the corpora
ton.
"ThOse who are eligible to
have their mortgages taken
over by the corporation.
"ThOSe who own their homes
clear Of mortgages; but only If
they cannot get recOnditiOning
loans from any private lending
agency"
These qualifications were an
nounced yesterday with the pub
ication Of a booklet which will
be distributed to applicants.
The local Hole unit will pro-
vide without cost the advice Of
builders and architects on the
need. desirability and cost Of re-
conditioning or remodeling a
home and will supedvise the &C.
tual construction work.
Mortgages To Be Security.
Practically all loans for re.
conditioning made by the cor
poration will be in addition to
loans for refinancing, and except
in race instances will be incor-
porated in a single first mort
gage.
The booklet advising applicants
advocates immediate recondition.
ing. It reads: -
"The amount Of recOnditiOn-
ing beyond essential repairs
which you should seek to have
done depend largely upon your
ability to repay the loan. If
you can afford 1t, you should
do all deirable recOnditiOning
now. You have the OppOrtun.
ity to spread payment for the
recOnditiOning over Is years at
. low rate Of interest. Through
the corporation you will have
the benefit Of disinterested
technical advise ON what to do
and what not to do"
The booklet contains a list Of
possible repairs, advising appli.
cants to check their homes by it.
The Washington times., 1934-05-29
D. C.B|DLOWES7
ON ROAD JOB

Warren F. Brenizer, a Washing
ton contractor. had a low bid Of
$44,654.S5, at the opening and
reading of bids at the County
Building in Silver Spring last
night for grading and construct
ing concrete road in Sligo Creek
Parkway between Blair and Coles
vile roads.
The Brenizer bid was followed
by one Of $47,323.10, by L. r. Col
bert, Of Fredericksburg, Va. A
Montgomery county contractor, F..
Irwin Ray, Of Bethesda, was third
with a bid Of $48,239.
The bids will have to be checked
before the contract is awarded,
which in all probability will not
be before the last of this week,
Park and Planning officials said
today.
The Washington times., 1934-05-29
Demurrer Not Sustained

From this language it Is ap-
parent that the demurrer should
not be sustained at this time but
that facts concerning such fraud
ulent concealment must be pre-
sented and appear on the trial
Of the issues involved and if
after the evidence has been ad-
duced it be made to appear that
the allegations concerning the
defendants fraudulent conceal
ment are sustained then the
statute would be no bar, but it
is clearly indicated in this case
that a demurrer should not be
sustained on the grounds raised
here but that the matter should
be presented at the trial table
and that the question should be
decided from the facts then
found to exist.
All these cases indicate that
where a demurrer is filed when
the statute has been pleaded, the
question is one of fact as to
whether the statute applies and
such fact is one for the jury to de-
termine and as was said in Lewis
VS.. Denison, 2 App. D. c., the
statute would be no bar if it ap-
peared on the trial of the issues
that the defendant committed a
fraud and that that fraud was con.
cealed.
The demurrer was heard by Mr..
Justice Bailey and in a short opin-
ion the court held that the de-
murrer to the plea should be over.
ruled.
The plaintiff was represented
by August H. Moran, and the de.
fendant by J. Harry Welch, Of the
firm Of WEIGH, Daily & WEIGH.
The Washington times., 1934-05-29
COUNTY PUSHES
TRANSIT DRIVE

Members Of the Prince Georges
County Chamber of Commerce
last night decided to push their
agitation for improved street car
facilities from Washington to
Prince Georges before the Mary
land Public Service Commission
and the District bodies.
The chamber officers reported
last night that they had received
no answer from the street car
companies. The chamber has
petitioned for lower rates, passes,
and express service.
The Public Utilities Committee
Of the chamber will seek audi
ences before the utility commits
sions Of the two areas affected
by the service as soon as possible.
The chamber also decided to
back the project to restore his
toric spots in Bladensburg and
send advertising Of the project
to chambers over the country.
The Washington times., 1934-05-29

town bus lines serving the associa4
ton territory.
H. j. Schilling was appointed
chairman OF a special committee
to enlist the support of the Par
ent-Teachers Association and other
organizations to secure o branch
public library for the Northeast
section.
The District Commissioners win
be asked to continue improvements
Of DiStrict-owned recreation space
at Ninth, Tenth, @ and H Streets.
Mrs. Alice Manning was named
chairman Of Red Cross roll call.
Catherine Rawlings, president of
the Wheatley School P. T. A,
spoke briefly.
New members elected were Mr..
and Mrs. Thomas H. Clark, Law.
renee Mills, jr., and Theodore
Reir. The association adjourned
to meet in September. George J.
Cleary, president, presided.
The Washington times., 1934-05-29

Eldridge, assist
ant director Of
traffic, told the
Mid-City Citi-
ze ms ASsocia-
ton me e tin 6
last night in
T h o m S o n
School. Ac C J.
dents involving
i n t xic a t ed
drivers, involv.
ing six deaths,
ad increased
from IS to 100,
and those from
street cars from
TA0 - OTA AC
The Washington times., 1934-05-29

Mr.. Noel has announced that he
and members of his association
are willing to go down the line''
for the inclusion Of a $4,000 item
m the Municipal Court budget.
This item, it was explained,
would provide for hiring of more
clerks, Jurors, etc.
Maybe it was nervousness-then
again, maybe it wasn't.
There's that gray-haired, hand.
some Eddie Curran on "tap" in
The office Of Assistant Corpora
ton Counsel at Police Court. Well,
Mr.. Curran has been there sew
eral weeks.
In these days, he's worked cases
for and against the Fifth Street
contingent and several uptown
lawyers. In the end you'll find
that Mr.. Curran has everybody
"clocked" and that he can still
sleep an hour later than usual
In the morning. Hell go out and
get married next June 6-See If he
don't.
Take the case Of the greatest
guy who ever crawled between the
ropes in the D. C."-Pat O'Connor
will not apply for either a boxing
or wrestling license.
Pat, who (God forbid proclaims
he's too old, is in such shape that
he can not take two or three So
called leading lightweights, feath-
erweightS, ETC., etc., and box them
without firing. There's no doubt
he can do it.
In the office Of the Great
Pat" is a picture that some day
may grace the walls Of the Boxing
Commission office. It is a pic
ture Of the great John L." signed
to pat O'Connor from, ETC., ;"
Pat always was kidded as to
where the picture came fromJ
There's d whole lot to that
Horace Greely advice, go West,
young man, 60 west"
william j. Kelly, one Of the
youngest members of the bar, has
repeatedly spoken of the West
Santa Fe, Albuquerque, etc.-and
finally got his older brother, e.
Russell Kelly, interested in the
Far-WeSt situation.
And 10000 Gas Ed Wynn would
thay) the two departing guests
were summoned to the Occidental
Hotel, presided over by Freddy
Buckholtz, where a dinner was
arranged by Denny Hughes.
Russ, fighter to the very end,
says he'll be back within a year
after he helps to locate younger
brother Bill, who in addition to
being the States leading lawyer"
and (maybe) Senator, hopes some
day to come back with a "lot of
pull'' from the Far West.
The Washington times., 1934-05-29
EUGENE SHERRY, 8, LOST

Police today were asked to
search for Eugene Sherry, 8, Of
the 1900 block A st. S. E., who has
been missing from his home since
yesterday.
The Washington times., 1934-05-29
BY A. J. DRISCOLL
Citizens Association Editor

Reckless driving accidents IN
creased from SO in the first four
months Of 1888 to "a in the cor
responding period Of 1894, M. o.
The Washington times., 1934-05-29
LAWYERS DRAFT I
.DEBATABLE
PROGRAM
BY DICK BAKER
Members Of the legal profession,

I
A s Socia t ion
pr e s ident, r.
Regis Noel, are
drafting q pro-
gram W ic h
will rise to
many debates
at the mex t
meeting Of the
organization on
June IL in the
M O yflo W er
Hotel.
The Washington times., 1934-05-29
ere are
many lawyers

quizzing themselves on the ad.
visibility Of becoming receivers Of
. defunct concern. The eyebrows
Of many lawyers were raised last
week when the receivers Of q GER
tain corporation asked for approx
mately $4,000 to carry on their
work.
The Washington times., 1934-05-29

to local positions by the District
Commissioners
The Waterbury Democrat., 1934-09-12
POLISH PUCILIST
 TAKES TITLE FROM
 CHAMPION DUNDEE
Neither Fighter Looked Good - Judges Split
 Vote Before 28,OOO

Pittsburgh, Penn, Sept 12.-(UP) The new middleweight champion of the world, Is Teddy Yarosz- born Thaddeus Jarosz-a broad shouldered, wasp-waisted Polish boy of 24 years.
 Last night before wildly-par- tisan crowd of more than 26,000, YaroSz's hand was raised in victory over Vince Dundee of Newark, who got the crown by beating the French Canadian, Lou Brouillard, last November.
 No Action
 For IS rounds, Yarosz and Dun- dee clubbed and cuffed and jabbed and wrestled. and at the finish it required the vote of Referee Al Grayber of Pittsburgh to effect the transfer of the championship. Judge Leo Houck, boxing coach at Pennsylvania State college, saw for the ogie-eyed Dundee, but Dr George McBeth, the second man sitting in judgment, put down Ted dy as the victor.
 The crowd, which packed all but the outer reaches of the field, re- ceived the. decision with roar, but in spite of the victory of the home favorite, the majority of the spec tators must have gone home with the feeling that some how or other they had been denied all the thrills and fine boxing they had been led to expect.
 It was not a good fight. There was too much tugging and hauling, not enough sharp hitting. The only tense moments were when it seemed that Yarosz could no long, CT withstand Dundee's savage rushes, and this was true only be- cause the spectators were 90 per cent on Teddy's side. A neutral mob would have howled for the scalps of both.
 Not So Good
 Teddy. put up one of his most mediocre exhibitions in the last two years. Time and again he would lose the range completely, and 1t was not until Vince stung him with a body assault that he went in swinging.
 Dundee evidently had made up his r.s.,id that Yarosz could be whipped by cannonading the mid- section, and couldn't be shaken from that belief even when it be- came evident that Yarosz's pen- chant for standing off and sharp shooting blows to the head was piling up the greater number of points.
 Dundee was cautioned four times against hitting low. On one oc- casion he snarled at Grayber. Ines pushing my hands down." to which he referee snapped. "Oh, no he isn't"
The Waterbury Democrat., 1934-09-12
oWee

Story of Crowdcr
 Cochrane revealed that the De- troit players requested that Alvin Crowder be purchased when Washington asked for waivers, and told why he started the general Tn what was tabbed the Tigers most important engagement of the year to date-the first game of the ini- tial bargain bill with the Yankees.
 The Detroit manager disclosed that Crowder cost $7,500, which, together with two months of d $12,000 contract, makes him aR $l1,5O0 risk.
 If the, Detroit players had enough faith to demand his, pur- chase. 1t was only reasonable to believe that Crowder had faith in himself. Faith is a contagious thing in baseball," related Coch- rane. Even when St Louis knocked Alvin out of the box tho week before. the Detroit players chalked the thing up to bad breaks.
 wye knew that if we had an- other man who could stop the Yankees in the opener, we could pitch Rowe in the second game, and sew up the double -header. We all felt that Crowder was the man to do the job.
 "Basicaily, the Tigers still are quite all right, but they won't count world series money in Octo- Der unless they quickly get 1t into their heads that the next six weeks also count"