davidaulloa/AmericanStories huggingface dataset:
The Washington times., 1934-05-09

held that the judgment in favor
of appelleeS recovered in the first
action of ejectment, never having
been appealed, was a bar to the
action of ejectment subsequently
brought by the appellant, notwith-
standing the subsequent reversal
of the judgment in the inter
pleader case, upon the principle
that judgment not set aside
upon appeal or otherwise is equally
effective as an estoppel upon the
points decided, whether the deci-
sion be right or wrong. Upon this
point the Supreme Court spoke
in part as follows: "The rule has
been settled for this court that
where a Judgment in one case has
successfully been made the basis
for a judgment in a second case,
the second judgment will stand as
res judicata, although the first
Judgment be subsequently re-
versed. Deposit Bank VS.. Frank
fort, 191 US. 499 These
decisions constitute applications
of the general and wel7sectled
rule that a judgment, not set aside
on appeal or otherwise, is equally
effective as an estoppel upon the
points decided, whether the de-
cision be right or wrong"
On March IS, 1888, a date sub
sequent to the decision Of the
Supreme Court, supra, the present
case was begun by appellant IN the
Supreme Court of the District OF
Columbia, wherein the appellant
prayed the court to decree that
the appellees held the legal title
to the property in question sub
ject to the right of appellant to
all of the rents and profits there
Of; praying that a constructive or
implied trust be imposed upon the
property; that the appelleeS be de-
clared to be trustees holding the
legal title of the property in trust
for the appellant; and that the
decree formerly entered by the
Supreme Court of the District of
Columbia by mandate Of this court
be enforced and effectuated, and
if necessary for such purpose, be
amended.
The lower court held against
this claim of appellant and dis
missed his bill of complaint, where.
upon the present appeal was taken
to this court.
Upon a review of the foregoing
facts we are unable to see how
our former decree can now be en-
forced in view of the fact that it
has been reversed by the decision
of the Supreme Court of the
United States in Reed VS.. Allen,
supra. The entire subject in
volved in this litigation was before
that court in that case, and the
issue arising between the parties
in the present case was fully and
effectually settled by it's decision.
The issue therein related to the
ownership of the described real
estate without regard to any dis
tinction between the legal or
equitable estate therein. The de,
cision Of the court covered the en-
tire estate, both legal and equi-
table, in the property. It was held
by the court that under the judg-
ment in the first ejectment case
the appellees were the owners Of
the property, and that inasmuch
as the Judgment WAS not aDnea1ed
this ownership still obtains be-
tween the parties. The case seems
to require no further discussion.
The decree of the lower court is
affirmed with costs.
Mr.. Justice Groner took no part
in the decision Of this case.
A true copy.
Test: CLERK, Court of
Appeals, D. C.
The Washington times., 1934-05-09
PITTSBURGH

Receipts. 6OO holdovers. 1900; market
slow. 10c lower. Heavies, 1915 $3.50;
medium, $3.9O64: light. $s.S5Q4; light
lights. $3.25 "a; packing sows, $3.50 q g.;
pigs. $2.75@3.
Cattle-Receipts. 25: market nominal
steers, 90O-1. 100 pounds, good, S6.5O9S;
heifers, 55O-S5o pounds. good, $6@6.5O;
cows, good, $4@4.5O; bulls, good beef
$3.5064.25.
Calves-Receipts. 1875: market slow
and steady. Vealers, good and choice,
$6.50@7.
sheep-Receipts. 500 (shorn basis ex-
load wool skins. $10.40. Lambs, 90
pounds down, good and choice, $9@9.25;
wethers. medium, choice. $405.5O: ewes.
medium. choice. $4O4.50: spring lambs,
good and choice, $10.50 @11.50.
The Washington times., 1934-05-09

D U / I q Ing and
r e n o vizing by
t h e statement
of John H. Fa-
hey, chairman
Of the H ON e
l. o an B a n k
Board to tn, ef-
feet that private
capital is loos-
ening up.
Mr.. F a h ey's
8 t q t e m ent is
based on reports
coming into the
b ard offices
I ro m all over
fha 00n~ + wy
The Washington times., 1934-05-09
.U.S.1000-P[
PLAN STARTS
BY international News Service


With the rest of the world max
ing rapid preparations to increase
ornaments, the War Department
today started its three-year 1000
plane program to strengthen the
defense force of Americas mill
tary air service.
Bids were invited for 80 power
full bombers to be delivered to
the Army Air Corps early next
year.
Specifications provide that each
machine must have a speed of 200
miles an hour with a full load at
10000 feet, must be capable of
climbing to that height in 10
minutes, and must be able to op.
crate at a maximum altitude OF
10000 feet.
The Washington times., 1934-05-09

During the past few weeks, he
sta tes, increasing amounts Of
private capital are being made
available for sound loans to re-
SponSible persons, either for re-
pairs or for new construction.
OF course, the condition is not
general, but Mr.. Fahey believes
1t may mark the turn of the tide,
and he credits the change to the
supplementing resources of the
Federal savings and loan asSoci-
attons and the Federal Home Loan
Bank System.
On the other hand, it is the gen.
eral observation locally that real
estate development is at a stand
still pending formulation of plans
now in progress for expansion Of
the Governments home aid pro-
gram. This aid will provide for
new construction and moderniza.
tion of homes not now encumbered
~ SNNA o4 A44O4 OSoSO0.
There are many observers who
Gken the construction industry to
a gigantic log raft which sud-
denly becomes jammed while
floating down stream.
There is power in the current
to move the raft, but one log,
more important than the rest,
has effectively jammed the en-
tire raft. The thing to do is to
find and lossen the "key log"
causing the jam.
This obstructing log, lodged
crosswise in the bend, is the
need for new building of con-
servative homes, observers claim.
They admit that the proposed
Government plan to guarantee
private capital going into new
home construction is probably
the instrument needed to dislodge
the obstruction and think the
mortgage discount proposition is
the manner in which it should
be used.
Raymond Taylor will be easy
to find for another month. Yes
terday he was called upon to
discharge his public duty and was
selected to serve on a District
Supreme Court jury.
But If he needs little time
off to close good business
lease, it is dollars to doughnuts
he will be able to talk himself
into temporary leave as easily
as he will talk his victim. a little
later, into signing on the dotted
line.
Down at Third and K Streets
Northwest ground is being broken
for a new building. It is a small
one, but there are many just like
it in the city and it will mark
the locality as a live one for
business.
It is a new Sanitary Grocery
store going up. Garfield Kass, of
the Kass Realty Company was
the broker who handled the deal
and negotiated a five-year lease
from B. Wolf, through young
Frank j. Luchs, of the Shannon
Luchs Company.
There is nothing better on
hot summer day than to sit in
the Boss and Phelps front office
and philosophize with Ben T.
webster, sagacious sage of the
firm.
Right in the midst Of busi-
ness community, the desirablity of
which has been enhanced by the
developments of Morris Cafritz,
the building location has always
had a lure which I only recently
discovered.
From the front window the
overhanging branches of an old
horse-chestnut tree which never
bears horse ctestnuts is now in
full bloom, its blossoms like wis
tarias standing upright. It frames
q picture of metropolitan activity
with an old-fashioned setting of
red-brick buildings across from
the Boss and Phelps front yard
and the street beyond.
The Washington times., 1934-05-09
NEW YORK WOOL

dull. domestic fleece, unwashed, Ohio
and Penn. 27Q39; domestic pulled.
scourged basis, 1908: domestic Texas.
clean basis. 6s@95; domestic territory,
clean basis, 61@S5.
The Washington times., 1934-05-09
CHICAGO

CHICAGO, May o GN.s.).-Butter-
1l.512 tubs; unsteeled; old cars, IL;
new. II; creamery extras, 22%c; stand.
ards. 22hc; extra firsts, 22022Ac;
firsts, 21h @21Hc; seconds, 21c: spe-
cials. 23A @23%c.
Eggs-23,2S7 cases: steady: old cars
IS: new, 21; ordinary current receipts
15c; fresh extra firsts, less than cars.
16c; cars. 1870: fresh firsts, less than
cars, 15ac: cars, 16c; dirties, 13@%c;
checks, 1870.
Cheese - Twins, 1%@12c: Daisies,
Longhorns and Prints, 12A Q12hc.
Live Poultry-Turkeys, 15c; TOMS
I1Ac; hens, 11@15hc; broilers, 2S@
26hc; Leghorn broilers. 18@21c; roos-
ters, IA Sc; ducks, II 014c: geese 6M8c
The Washington times., 1934-05-09
NAVAL STORES

NEW YORK. May 9 G.N.S).-Petro-
leum quiet; crude Pennsylvania, 217 q
I z:So' Linseed oil per pound s.S' car car
firm, common, 6.5S.
The Washington times., 1934-05-09
CLEVELAND

CLEVELAND. Ohio, May 9 G.N.s).
Hogs - Receipts, LOO; market slow.
mostly 10 cents lower. Top and bulk.
$3.50.
Cattle-Receipts, 200: market slow:
good cattle steady. Common grades
weak to lower.
Calves-Receipts. 500; market slow
and steady; quality poor. Top, $3.50;
bulk of the good calves, 81.
Sheep-ReceiDtsJe 900; market fairly
active, mostly Steady. Good clipped
lambs, 50.
The Washington times., 1934-05-09

The municipal committee re-
port, thorough document of 13
mimeographed pages, drew the
most fire from the debating
members.
All of them, except Henry I.
Quinn, thought the report was a
good one, but they didn't want
to act on it so soon-they only
wanted to discuss 1t.
Mr.. Quinn excepted to the por'
ton of the report which called at
tention to unauthorized law prac-
tice in the alndlord and tenant
court, but he was overruled once
the steam roller gentlemen got
thirsty enough to want to get the
meeting over and get outside.
And the Sullivan brothers,
George and William, put on an en-
tertaining bout which would have
gone another round but little
brother William was gone when
another controversial matter came
up.
President Regis Noel was CRATE
full for his parliamentarian, Rob-
ert F. Cogswell, when the motions
began falling thick and fast and
also appreciated the timely aid Of
Joseph Burkart on one occasion.
Time out was given William R.
Valance to sell some Judicature
Society dinner tickets for tonight
at the Mayflower Hotel.
One interesting thing was that
Milton Kings membership COM
mittee has herded in 102 new
members since his committee
was organized. They are not
members in name only either
Milton got the initiation and
first six months dues when he
took the applications.
Things were getting tense
around the meeting hall later in
the evening when the young
lawyers and the older ones be-
gan gritting their teeth and eye
ing each other for a real battle
over the proposed legal publica-
ton.
Fireworks on that question
did not materialize, however, for
the evening was getting late and
Henry Schweinhaut had already
made two motions to adjourn,
so the association agreed to put
the publication matter over
for action on June 9 when it
will be the order of business for
that meeting.
The Washington times., 1934-05-09
CHICAGO

CHICAGO, May G.N.s).-Hogs-
Receipts. $4,000: cents lower. Top,
$50 medium. $3.45@S.S5 light, $S.4O@
3.65: light lights $3.3O@3.60;, packing
sows, $2.S5 @3.10; pigs, $2@3. Hold
overs 5000.
cattle-Receipts, 10000: 25c lower.
Beef steers, good and choice, $8@9.5O;
common and medium, $5.5O@s: year
lings, $6@850. Butcher cattle: Heifers.
$3.50 $50: cows, $3@4.50; bulls. $2.75 q
4; calves, $4@7; feeder steers $4.5O@6;
stocker steers $4@5.5O; stocker cows
and heifers, $2.5O@4.75.
Sheep-Receipts. 5000; 1886 higher.
L a m s. $9@1O.15; common, $76S;
springers. $S@11.50: yearlings, $7@S.5O;
feeders, $6@8; ewes, $4@5.50.
The Washington times., 1934-05-09
Principal Produce Markets

broken and unbroken cars on track.
Supplies moderate; demand moderate; /;
market steady. Florida bushel ham,
pers, green, Flat type, S1.5O61.65; Round
Stringless, s1.75@2; few higher.
Eggplant - Supplies light; demand
light: market steady. Florida, bushel
crates, large size, S1.7562.
Peppers-Supplies light; demand light
market steady. Florida. IN bushel
crates. green. small size, $1.5O02
Oranges - One Florida arrived;
broken and 3 unbrokon cars on track.
Freight receipts: Florida, boxes, $3.50@4
Grapefruit-No carlot arrivals; no cars
broken and 2 unbroken cars on track.
Florida. boxes, $3@3.25.
The Washington times., 1934-05-09
FUNDS LOOSEN
Up FOR HOME
BUILDING
BY DICK BAKER

A ray Of hope has been revealed
to home owners and prospective
home owners in need of funds for
The Washington times., 1934-05-09
NEW YORK

NEW YORK, May G.N.s).-Butter
quiet and unsettled. Salted and un-
salted creamery, higher scoring, 24% @
26%c; creamery extras. 24h Q25%c;
creamery frsts, 22% @25hc.
Cheese firm. State whole milk flats
specials 1S@19c: average run, 15@16c;
Wisconsin whole milk. fancy young
Americans, 13c.
Eggs steady to firm. Nearby white
specials 20@20hc, standards 1870,
mediums l8@18hc; nearby brown, spe-
cials 1901 &c, standards 1Sh @1SNc;
mixed srecials 1914 @2OAc: standards
TN @1SAc; firsts, 16% q lie; seconds
16c; mediums, 15%c. Pacific Coast
22@ 23hc; mediums, 2Oh @21hc.
The wholesale price is $2.10 per 100
pounds No. fluid milk within the
201-210-mile zone.
The Washington times., 1934-05-09
PITTSBURGH

PITTSBURGH. May 8 UNs.).-Poul-
try: Steady. Leghorn broilers. 200 22c;
colored hens, 15c; Leghorn hens, 100
13c: Hardrock broilers, 24G Csc; White
rock broilers, 22@24c; colored broilers,
22d 24c; turkey hens. $50 20c; ROSTERS,
9@1Oc; stays, 11@12c; ducks, 15017c;
capons. 2O62i V 4''
Butter-Steady. go score. 24c; SO score,
23Ac: SS score, 22%c; standard, 23% c.
Eggs-Firm. Nearby current receipts,
14@l4hc: fresh extra firsts 16c; hem
merry white extras. 17c: Southern Ohio,
West Virginia, Kentucky receipts, lac.
The Washington times., 1934-05-09
URGE
L|BERAuZHG
DIVORCE LAW

More than $50 members were
present at the first business meet
ing of the District Bar ASsocia-
ton held this year-and they all
enjoyed the show.
just as most members pre-
dicted, it was lively meeting.
The fireworks started with the
report of Seton Darr's municipal
court committee and ended with
Roger j. Whiteford's domestic
relations committee report sug-
gesting legislation to liberalize
the divorce laws of the District.
The latter report would raise
the age of consent in annullment
cases and would make it possible
for absolute divorce to be Sc
cured in the District on grounds
of desertion and cruelty. Ray
mond Neudecker was pinch-hit-
ting for Mr.. Whiteford, who
was probably attending some Of
his other businesses.
Jean Boardman came to the
front with an amendment which
the members accepted heartily
to eliminate the interlocutory de-
cree in absolute divorce cases.
The report was adopted and will
be turned over to the legislative
committee for transmission to
TopOrncc
Evening star., 1934-10-30

bank and steal S1,000,000 and the
highest penalty we can give him is
two years, at which time he will be
eligible for parole under minimum
l0-year sentence!
I'll cite you a specific case. A
known gangster with a record which
fills a typewriter page held a gun
on a night watchman while his pal
robbed the man. He got sentences
of 10 and eight years and he was
out of prison in 18 months. The
law which permitted this should be
repealed"
The crowd applauded this state
ment, and Garnett continued THE
District of Columbia should come un-
der the Federal parole law and not
be governed by a law foiSted upon
US by those who think modern PEN
ology makes heroes of criminals.
Criminals sent up for houSebreak-
ing and larceny are being paroled.
Special privileges are given these men,
who steal into your house, armed to
kill, in the dead of night, while there S
rain on your roof and you are asleep
in your bed.
Probation Has Failed.
More than 50 per cent of prisoners
eligible for probation get it. This law
should be changed. Probation has
failed the District.
I'VE all know there are two very
definite rackets in the District-gam-
bling, which provides the gangsters
main means of support, and the social
vices. When have asked Maj. Brown
or Lieut.. George M. Little, chief OF
the vice squad, for assistance in han
ding these cases, I have gotten it 100
per cent. If the laws are not en-
forced, the fault does not lie with
the police.
"You cannot allow organized crini-
mails to barricade themselves behind
steel doors and expect the police to
enforce the gambling laws. 1t is as
easy for a camel to pass through the
needles eye as it is for a policeman
to get through a barricaded door
without warrant.
"The same constitutional guaran-
tee that protects you in your home
protects these gamblers behind their
doors. The present law requires that
one of our agents must see gambling
play and make affidavit to that effect,
or the raid will not stand in court.
Public Must Be Aroused.
"Unless the public is aroused, we
will never get a real gambling law
through Congress. If you'll help put
teeth in the laws we will bite for you.
Radios and newspapers carry accounts
of track conditions, of races all over
the country. With one exception,
Evening star., 1934-10-30
MACINTOSH TO SPEAK
AT SESSION TONIGHT
World Sunday School Association
President Will Address
Convention.

Sir Harold Macintosh of Halifax,
England. president of the Worlds Sum
day School Association, will speak to-
night at the last session of the Dis
trict Sunday School Convention, held
at the Ninth Street Christian Church.
DR.. Robert M. Hopkins, secretary of
the worlds association, also will talk.
The election of officers for the local
group and the reports of the various
committees will feature the meeting.
A luncheon was held at the Univer-
sity Club today in honor of Sir Harold
and Lady Macintosh. Approximately
30 ministers and laymen were present.
The first session, held last night at
the Ninth Street Church, was ad-
dressed by w. w. MILAN on the ac-
complishments of the association last
year and the plans for the coming one.
Rev. Albert S. Day, pastor of the
Mount Vernon Methodist Episcopal
Church in Baltimore, spoke on 1.-The
Sunday School-a School of Religion" j."
Rev. Clifford H. Jope, pastor of the
Ninth Street Christian Church, well
coined the delegates. The benediction
was asked by Alfred E. Barrows, pastor
OF the Eastern Presbyterian Church.
Evening star., 1934-10-30
.HE District Bar Association
r,,,orra,,o1, Coy,,y,,;ffoa nf An

THE District Bar Association S
Emergency Committee of 40
approved the following resolu-
i ton last night and submitted
it to the public mass meeting
on law enforcement, but did not ask
that session to pass on the proposal:
Whereas it is deemed essential to
the welfare of this community that
there be a coherent, persistent, even
handed policy of criminal law en-
forcement calculated to secure the
understanding, helpful and continuing
support of the citizens of the District
of Columbia, be it
Resolved, That there be established
in the District of Columbia Per
manent Committee on Criminal JUS
tice" TO be composed of lawyers and
laymen charged with the duty OF sys-
tematically following, improving and
criticizing the enforcement of the
criminal law in the District OF Co.
lumbia.
Be it further resolved. That an Or
ganization group, consisting OF the
president of the Bar Association of
the District of Columbia F. Regis
NoeD, the president Of the Federation
of Citizens Associations of the Dis
trict of Columbia (James G. Yaden)
and the chairman Of the mass meet
ing to be held Monday night, October
20, at the Hotel Mayfiower (Robert
Netherland Miller; Frank S. Bright
and Arthur Clarendon Smith. presi-
dent Of the Federation Of Business
Evening star., 1934-10-30

every newspaper in Washington car
ries full racing news.
Let the newspapers which are
clamoring for a cleanup drive against
gamblers eliminate the gambling news
from those same columns before they
make demands on us!" This state
ment was greeted by cheers and ap-
plause.
Attorney George Maurice Morris,
chairman of the bars committee Of
40, opened the meeting by introducing
the chairman, Mr.. Miller Mr.. Miller
explained that the prevention
effort was in line with the national
policy Of the American Bar Associa-
ton and asked his listeners to help
mobilize public opinion" behind the
local campaign.
He quoted Attorney General Cum
mings to the effect that nothing less
than cohesive, persistent and re-
lentless effort 365 days a year" would
serve to improve crime conditions.
Purpose of Meeting Outlined.
This meeting was organized" Mr..
Miller said, ito tell you what has
been done and to get your advice and
comment on the question of setting
up permanent committee on GRIM
inal justice in useful and effective
form" The speaker suggested that
definite recommendations be deferred
until a permanent committee could
be set up to hear them. He asked
that any persons with a suggestion
mail it to the District of Columbia
Bar Associations Law Enforcement
Committee.
The next speaker was Mr.. Noel, who
said the effort would be no short
ranged, narrow-gauged, half-cocked'
outcry. nor could the job be done in
day. He said the purposes Of the
meeting was not to criticize the Police
Department or other public officials.
He added these officials would be sure
to respond to public sentiment once
they knew it was behind them. Mr.
Noel then explained the set-up OF
the temporary committee.
Mr.. Yaden pledged the full men,
bership of the citizens associations in
Washington, which he placed at more
than 10000, to active support of the
enforcement drive.
Il have long worked with the Police
Department" Mr.. Yaden said. "and
know the handicaps under which it
labors. The citizens of the District
have no destructive criticism for the
police. On the other hand, we have
been working to increase the person.
mel Of the police and to back them
up in the work they are doing.
"All the citizens associations ask
is the chance to bring their 10000
members into the fight for law and
order!'
Speaking as a member of the Parole
Board, Mr.. La Roe said that none
of us should be placed on the de-
fensive. We should not criticize, but
Evening star., 1934-10-30
Hangs 10 Minutes
From, Tenth Floor
Before Death Fall
Manufacturer Waits for
Street BeI0tU to Be
Cleared.
By the Associated Press.

By the Associated Press.
NEW YORK, October 30.-Hobart
D. Belts, an electrical manufacturer
hung onto the cornice Of the tenth
floor of his fashionable Park avenue
apartment house yesterday for 10
minutes before dropping to his death
He was waiting for the street to be
cleared of pedestrian trafhc.
]. ]. Farmer. building superintend-
ent, ran into the street Immediately
below Belts and in high voice plead
ed that the manufacturer pull himself
back.
Please. get out Of the way" Belts
shouted back.
Finally. when policemen reached the
landing Of the fire escape above Belts,
he released his hold
Belts, 81, a graduate Of Princeton.
had been suffering from a nervous all
ment.