davidaulloa/AmericanStories huggingface dataset:
The Washington times., 1934-05-03
Mrs. John Hay Whitney's Singing
Wood Entered in Famous Race
For Which Thousands Gather
ey S'%4 ee"''"'

Horselovers from all the United States planning
to 60 Louisville for the Derby which will be Saur
day Churchill Downs and will be surrounded by all the
pageantry which has made it famous.
This year will be execution. The city will be filled to
The Washington times., 1934-07-04

Aut0 Tops and Glass
N r. TURNER-Windshield $225; any
size door glass. $1.50: seat covers. S12 30 :
auto tops $40 up. 1417 P NV. DE. 279S
The Washington times., 1934-07-04

suit against the defendant for neg.
ligence, such suit would be met
with the defense that KlJchen's
cause of action had been assigned
to the plaintiff by virtue of Kit.
chen's election under the compen'
sation act. If the defendant is
protected against a double recov'
cry, he should not be permitted to
raise technical defenses by deny.
ing facts which have been as.
sumed as true in good faith by
the plaintiff and his employe
Kitchen.
The District of Columbia
Compensation Statute is rem.
edial act, and should be literally
construed in favor of the en-
ploye. 1t is certainly condu-
Give to the benefit of the en-
ploye to favor quick settlement
of compensation claims by the
employer without the raising of
technical objections by the en-
ployer as to whether the injury
arose out of and in the course
of employment. If the employer
is to be required to show by
strict proof that the injury arose
out of and in the course of
employment in order to bring an
action against a third party
whose negligence caused the in
jury to the employe. all claims
involving third party liability will
be controverted by the employer
to the detriment of the employe
in many cases. Where the EN-,
ployer and the employe assume
as true that the injury arose out
of and in the course of employ,
ment, the defendant should not
be permitted to controvert it.
Certainly there is no reason
why an employer should 60 out
of his way to get a claim
against a negligent third party
because the employer can recover
only the amount of his expenses
caused by recognizing the com.
pensation claim. Section 80 (e)
of the District of Columbia
Workmen's Compensation Act [33
U. s. c. A. 933 (e)l. Any ex.
cess recovered by the employer in
his action against the negligent
third party goes to the employe
The defendant is not prejudiced
in any way whatsoever.
The Washington times., 1934-07-04
Facts Are Assumed

Defendant should not be per-
mitted to set up as a defense
either by demurrer or by plea
that the injury involved herein
did not arise out of and in the
course of the employment of Kit
chen by the plaintiff. AS for the
purposes of this demurrer all facts
of the declaration are assumed to
be true. there is valid cause of
action against the defendant
either in the plaintiff or in his en-
ploye Kitchen.
Recovery in this cause, however,
is limited to the damages actually
received by Kitchen as result of
the negligence of the defendant.
If the plaintiff proves all the facts
in his declaration and RECEIVERS,
such recovery would prevent any
other recovery by the employe
Kitchen against the defendant
for damages resulting from the
negligence of the defendant as al
legged in the declaration. Aetna
Life Insurance Company v. Moses,
287 U. s. $50. 538. II L. Ed. ATT,
481. The disposition of any money
recovered from the defendant by
the plaintiff in this action is a
matter solely between the plain.
tiff and his employe Kitchen. and
does not concern the defendant.
If Kitchen, after having made an
election to c'aim compensation
from the plain Hf under the Dis.
trict Of Columbia workmen's
compensation act, should bring
The Washington times., 1934-07-04
Payment Alleged

The defendants second objec
ton to the declaration is that il
fails to show the date of the
award and if by the deputy com
missioner, and also the dates and
amounts of compensation pay
ments made to the employe Kit
chen by the plaintiff.
The declaration alleges that the
employe Kitchen elected to claim
compensation from the plaintiff
under the District of Columbia
workman'S compensation act, that
compensation was paid to, and &C
cepted, by Kitchen.
Section 80 ca of the compen
sation act provides that the EN-
ploye may elect to receive com
pensation or to receive damages
against the negligent third per
son. Section S3 (b) provides that
acceptance of such compensation
shall operate as an assignment to
the employer of all right of the
person entitled to compensation
to recover damages against such
third person.
In order to show an assign
ment, it is therefore only neces.
sary for the plaintiff to prove
an election on the part of the
employe and acceptance of com.
pensation by the employe.
Section ID of the District of
Columbia Workman's Compensa.
ton Act (33 U.S.CA. 914 (a))
provides:
Compensation under this
chapter shall be paid periodic
ally, promptly and directly to
the persons entitled thereto,
without an award, except
where liability to pay cOmpen.
SatiOn is cOntroverted by the
employer"
Consequently, if the employer
is liable to pay compensation
without the necessity OF an
award, it is not essential to allege
The Washington times., 1934-07-04
v. {. 7: U.FLAYS
LIQUOR ABUSES

Formal protest against alleged
use Of fictitious names in the pur-
chase Of liquor from Virginia Alco-
holic Control Board dispensarieS
has been made by the executive
committee of the Alexandria
Arlington County Woman's Chris
tian Temperance Union, it was
said today.
A special committee Of the
group forwarded to Gov. George
Peery of Virginia a request that
the board dismiss from it's en-
ployment anyone who knowingly
sells liquor to an individual who
signs a fictitious name on the Gus
toner's slip.
The committee includes Mrs.
Martha N. Erookings, Mrs. Ry-
land T. Dodge. and Mrs. Alice
Straus of Alexandria: Mrs. Ethel
Gregory, East Falls Church: Mrs.
Frances Mabry, 5"allston, and Miss
Marion Merrill. Cherrydale.
The Washington times., 1934-07-04
Right of Action

Plaintiffs right of action is
brought under the provisions of
Sections 33 (a) and (b) of the
District of Columbia Workmen's
Compensation act (33 U. s. C. A.
933 (a) and (b), which provide as
follows:
Compensation for injuries
where third persons are liable.
(a) If on account of a disability
or death for which cOmpensa-
tiOn is payable under this chap
ter the person entitled to such
compensation determines that
some person other than the en-
plOyer is liable in damages, he
may elect, by giving notice to
the deputy commissioner in
such manner as the commission
may provide, to receive such
compensation or to recover dam
ages against such third person.
"(b) Acceptance of such COM
pensatiOn shall operate as an
assignment to the employer Of
ali right of the person entitled
to compensation to recover
damages against such third per-
son, whether or not the person
entitled to compensation has
notified the deputy commits
siOner of his election"
Defendants first objection tc
the declaration is that it fails tc
show that the employe Kitchen
was on the date of the alleged &C
cident resulting in Kitchens in
jury engaged in the performance
of duties in the course of his EN-
ployment.
1t is true that the declaration
contains no express allegation
that the injury to the employe
Kitchen arose out of and in the
course of his employment with
the plaintiff. The only natural
inference, however, is that it did
The declaration alleges that
Kitchen, an employe of the plain
tiff was riding on a truck at the
time of the accident; that Kitchen
plaintiffs employe, elected to
claim compensation from the
plaintiff under and by virtue
of the provisions of the District
Of Columbia workmen's compen
sation act; that under the pro
visions of the District of Colum
bia workmen's compensation act
compensation was paid to Kitch
en-, and that Kitchen had accept
ed the compensation and the pay
ments thereof; that by reason OF
the election on the part OF
Kitchen to claim and accept
compensation from the plaintiff
all right of Kitchen against the
defendant was assigned to the
plaintiff, Kitchens employer
There would be no reason for the
plaintiff to allege in it's declara
ton that Kitchen was the plain
tiff's employe, except to show
that Kitchen at the time of thu
accident was engaged in thu
course of his employment with
the plaintiff.
The Washington times., 1934-07-04
Proof of Assignment

The only elements necessary to
show an assignment are: Cd cleo.
ton by the employe to receive
compensation. and 90 acceptance
of compensation by the employe.
The dates and amounts of COM
pensation payments to the enl,
ploye are immaterial as far as
setting out a cause of action is
concerned. They have nothing to
do with the sufficiency Of the
plaintiffs declaration. They have
nothing to do with the damages
to be recovered in this action be-
cause the damages are measured
by Kitchens right of recovery
against the defendant for negli-
gence. The dates and amounts Of
compensation payments are mere
~ evidence to prove the ultimate
facts of election and acceptance
on the part of the employe
Kitchen. It is unnecessary to
plead evidence in a declaration.
Defendants third objection to
plaintiffs declaration is that il
fails to allege specifically plain
tiff's limited interest in said cause
of action and to set forth in GER
tain terms the interest Of the en-
ploy Kitchen.
Section 80 (e) of the District of
Columbia Workmen's Compensa
ton Act (33 U. S. c. A. 933 (e)
lays down a definite rule by which
any damages recovered in this &C
ton are to be distributed. If the
plaintiff proves election and &C
ceptance on the part of the en-
ploye Kitchen, plaintiff is entitled
to bring the action and have full
right to recover damages against
the defendant, regardless of Kitch
ems interest in the cause of action
Aetna Life Insurance Company
v. Moses, supra.
The plaintiff employer is the
only necessary party plaintiff ir
this suit. Aetna Life Insurance
Company v. Moses, supra, page
$40.
Although under the principle OF
the case of the Aetna Life Insur
ance Company v. Moses, the plain
tiff might have named the EN-
ploye Kitchen as a use plaintiff
it was unnecessary for it to do so
Elsberg v. Honeck (1908) N. j
68 A. 1890; st. Adams Granite
Company v. Elwell & Co. Q915)
Vermont, 80 A.. 974; Bentley v
Standard Fire Insurance Co
(1895) w. Va, % S. E. 584; Kelly
v. Creamy 1914 Mass, 1O3 N. E
779; Wey v. Dooley. 244 Ill. App
244: Hayes v. Virginia Motor Pro
lection Association, 76 Virginia
225.
After hearing, Justice Jennings
Bailey overruled the demurrer to
the declaration.
The plaintiff was represented
by George Monk from the firm
of Darr and Darr the defendant
by Frost, Myers and Towers.
The Washington times., 1934-07-04
REDUCES
F|L|NGFEES|N
NEW LIST

Municipal Court filing fees
have taken a tumble in several in.
stances, according to a recent an
nouncement by Presiding Judge
George A. Aukum.
Landlord and tenant filing fees
have been put on a flat 81 basis,
including filing, trial, judgment.
or order of dismissal.
Glass B cases require SIPS
fee to cover filing, trial, entry OF
judgment, order of satisfaction,
or dismissal.
The general schedule of fees for
Class B cases is: Summons, Is
cents; subpoena, Is cents; con-
tinuance, Is cents; motion for
new trial or to set aside judgment,
so cents; fieri facias, so cents;
short copy, SO cents; attachment
on judgment with copies, oath,
condemnation, or satisfaction, 81,
and order of publication, Is cents.
Miss Blanche Neff, court clerk,
has also announced that counsel
having a number of cases set for
trial on the same court day may
have all such cases assigned to
the same court by giving a list of
the cases, with the title and case
number, to the clerk not later
than noon of the second day be-
fore the return date.
The Washington times., 1934-07-04
REALTORS HERE
LAUD ELECTION
Of SCHMIDT
BY DICK BAKER

Walter Schmidt, Cincinnati
realtor and chairman of the Mort
gage Finance Committee of the
The Washington times., 1934-07-04
LEGAL NEWS--RECENT COURT RUL|NG
Demurrer in D. c. Compensation Case
Held by Court to Lack Proper Basis
w, ;KMENs COMPENSATION

w, ;KMEN'S COMPENSATION
- DEMURRERS - ASSIGN
MENT SECTION i33 U. S. c. A
933 (a) and (b).
/. Defendant (third pGrty)
cannot set up a defense by wGy
Of demurrer, that the injury, in.
OolVed in a compensation claim,
did not arise out Of and in the
course Of the emPlOye by the
plaintiff.
2. The District Of CoIumbid
cOmpens0tiOn statute Is rem
edial act, and should be literally
construed in favor Of the en-
pEOye.
;. In order to show an assign
nent, it is only necess0vy for the
0intiff to prOOe an election on
the part of the emplOye and 0c-
cept0nce Of compensation by the
employe.
In the case of Highway Engi-
neering and Construction Com
pany VS.. Lowe, At Law No. 84028,
a suit was filed under the Dis.
trict of Columbia's Workmen's
Compensation Act against a third
party alleged to have caused the
injuries sustained by plaintiffs
employe. The cause now comes
on for hearing on demurrer
filed to the declaration herein.
The Washington times., 1934-07-04
Announcements


~Ns~~~~~N~~NeNSN~~~N ~~N~N~N~~~~N~N>NNs
Lost :
Herald and Times Lost and FoHH1
AdVertisements are broadcast daily
at IL noon over VOL at no Gd-
ditional cost.
BILLFoLD-Containing money. important
NAT. 5s12. Branch I'll. or Decatur 1852:
BLACK male Police: answers to Major"
scar over right eye: strayed from 919
st. N. E. Reward.
BOSTON Bull Puppy, brindle and white;
lost from car vicinity 11th and Water
SITS. 8. W., on Tuesday, about 5 p. m.
Reward offered Cali Emerson 6sSs. or
National 7422. Branch 592.
BOXER Bull, reddish brown, leather col.
lar: lost after auto accident near Laurel,
Md. 6-25. Reward Ask Mrs. Noske MAI
5848 between 7:3O and $3.50 p. m.
CANARY yellow, dark spot on head, dis
appeared from 2144 F St: n. w. Wednes.
day, June 81 Reward. WEst 1890.
ET.GIN WRIST wATCH-Black strap,
white gold, in wash room at Washington
Times-Herald: Reward, W. x. Brown.
Room 2O1. Times-Herald.
GtAssEsNGse slaissi Ss and nsr case ss,g5
Williams. District 1920. Branch 665.
GLASSES-Conn. Ave. or Dupont Circle.
Reward. Apt. 81, 2122 Pea st. N. W.
LARGE male Collie, 10 years old. light
brown. white tip on tail four white
feet. anchor;shape, of white over top o!
sreaR sS of White ana eyes to
silently deaf; hs name j. Don T, oynsr'
IN mrs Desnwood. w %f The dog has % been ~ gone n:
SINCE since Monday. June @6. Liberal reward
caii Mrs. slas Lincoln s646.
MANS Ring. ruby with 2, diamonds. Union
NOSE GLASSES and case; Sat Saturday %y,Pg Possi emi
District 1890. Branch 665.
PoCKETBoOK, small. Nat. brown leather,
containing bills and change in small
brown change purse. prooapIy on CneVS
Chase street car Monday. CLeve. O744.
sMvER-rimmed nose s.ggE~ gElas~seS. Liberal re-
hook quite loose. Call CLeve. O956.
WRIST wATCH-Lady'a oblong Bulova.
lost July 2, bet 9Th L T & 18th & o SITS.
n W. Reward. 416 M st. N. ".
Personals .
No additional Charge For dds
In This Classification
SICK? Chiropractic adjustments will help
you. DR. r. G.. Hetrick. D. c. Phone.
Bradley 113. 1928 Wis Ave-, Bethesda, Md.
ALCO RUBS. white nurse. 1909 Pa. Ave
N W., Apt. 80. Hours, 1919. Open Sun
BUY YOUR FIREWORKS at the Arlington
Bargain House. Columbia Pike near Mt.
Vernon Boulevard. Arlington. Va.
DIVORCES IN MEXICO
For information apply Compania DO
Negocios Mexicanos. 1900 Garry Bldg.
Booklet mailed upon request. NET. 1888.
CLASSIFIED SERVICE
The Washington times., 1934-07-04

the award in the declaration in
order to show an assignment of
the employees claim to the plain
tiff. And if it is unnecessary to
allege an award, it is certainly
unnecessary to allege the date
of any award, and if by the
deputy commissioner. Awards
are made in cases that are con-
troverted by the employer. They
have nothing at all to do with
the assignment of the employees
claim against a third party to
the employer.
The Washington times., 1934-07-04
Hiking Across u. S.
To HELP His Health

SAN DIEGO. CAL. July 4
GN.SO.-Because he believes the
walk will help my health" J"
Henry N. Mergen, former Navy
lieutenant, today was to start
walking from San Diego to Wash
ington, D. C. Lieutenant Mergen
said he hopes to call on Presi-
dent Roosevelt when he arrives
in Washington in December. His
only travelling equipment will be
a light knapSack.
The Washington times., 1934-07-04

National Asso.
citation of Real
Estate Boards,
was elec t e d
president Of
the association
at the close of
the Minneapo-
lis convention
Monday.
The pre- S j.
dent-elect will
take over the
ad m iniStration
Of his office
in January at
the lnidwinter
q a nNPn fiOn
The Washington times., 1934-07-04
Democrats Plan
Clarendon RGLLH

Democratic headquarters at
Clarendon, Va, will be the scene
next Friday evening of a Joint
meeting between the excursion
committee of Democratic Organ.
izations Of Arlington County and
the Democratic Executive Com
mittee Of the county,
The Washington times., 1934-07-04

Herald and Times Lost and FOH~l
AdVertissmenH are broadcast daily
at IL noon over VOL at no Gd-
ditiOn0I cost.
The Washington times., 1934-07-04


which probably will take place in
Houston, Tex, home of Hugh Pot
ter, president of the association
Mr.. Schmidt'S election to the
presidency was in recognition OF
his work in connection with the
legislative program of the last
Congress in real estate matters
His last appearance here was in
May during hearings on the ma
tional housing act and his ad
dress before the various commit
tees which worked out the meas
ure had much to do with the pro
visions of the bill as it was fl
nally enacted.
In speaking before the Senate
Committee on behalf of the mort
gage discount amendment which
he drafted, Mr.. Schmidt said:
"Capital goods cannot be
created out of income. They
must be created through the
pledging of the future, in some
measure. Capital is not being
placed in investments today.
Through fear, it is being held
In as liquid q form as people
can hold it. The proposed
Mortgage Discount Corpora
tiOn, by meeting this situation.
would 20 far to insure putting
the whole purpose of the hOus-
ing act into immediate opera
ton.
I'm my Judgment large per.
centage of the total sums for.
merly held for mortgage invest
mfent has permanently disap-
peared, and the only way to re-
store sound, lOng-term credit IA
eiHities and reduce the rate to
borrowers is for the Govern
Ynent to throw the weight of its
credit behind the mortgage
structure, not as a taker Of
mortgages, but as a supporter
and protector Of the investment
ITSELF"
Local realtors expressed pleas
ure at Mr.. Schmidt's election anc
H. Clifford Bangs. local member
of the brokerage code authority
who was on the nominating com
D1ittee at the convention, said
"Schmidt is a man who has
both feet on the ground all the
time"
incidentally, Mr.. Bangs ha!
been a busy man these past few
days, and with all the travelling
he has done lately should b'
pretty we'll acquainted with thu
geography Of the country.
He left here for Chicago be
fore the convention to be pres
ent at the organization meeting
of the brokerage code authority
following the naming of the non
realtor members and then hast
ened to Minneapolis for the con
vention and to perform his pre-
liminary duties on the nominal
ing committee.
Three days before the conven
ton ended he had to rush bacl
to Chicago for another meetinl
Of the code authority and arrived
home Monday fresh as a daisy
The Washington times., 1934-07-04
Personals .
No additional Charge For dds
In This Classification

CLASSIFIED SERVICE
Evening star., 1934-02-10
Takes First Trip at 80.

In the first journey in his life, 90
year old William Jones, . fisherman,
travelled from his home in Aberdaron,
Wales, to Criccieth to live with his
brother following the death Of his
85-year-old sister.
Evening star., 1934-02-10
Tweed Makers Complain.

Woolen men in Scotland are claim.
ing that while people Of Japan are
buying best tweeds from Scotland,
japanese textile men are shipping I'm.
itatiou Scottish tweeds" into Europa
Evening star., 1934-02-10

Across.
L An inclined plane.
3. Land boundary.
10. Partly open.
"A. Inland sea IN Russia.
Is. External.
16. State dress.
IT. Decisive.
19. Maxim.
20. Quick-scented hunting hog.
81. Teased.
%. The Orient.
%. An expression of comparison.
26. Two.
20. Disintegrate.
81. Harangue
IS. The genus OF frogs.
36. Eastern market place.
90. Loose.
80. Founder Of Russia.
20. Shun.
Il. The porkfsh.
q. IAmprey.
<s. Spanish governess.
a. Believers.
Is. without moisture.
q. Permit.
48. Ant,
49. Chinese coin.
81. Barter: colloq.
SO. FRAZIER.
81. Sacred Persian writings.
81. Plated cord
81. Venal praisers.
"a. Small Arabian nation.
IS. Spot: French.
66. Small case.
81. A vale.
The Washington times., 1934-07-11
Teaching Pup to
Point Needs
Patience
BY LIZ HUME

Today I am publishing a pic
ture Of q registered English
setter pup, three months old.
Her name is "Bonnies Bell" and
she belongs to Robert Mat
Sudaira, of Edmonston, Md.
In the picture, you will notice
that the pups nose is close to
the ground. She is being
taught to point" by her
master. The information he
has sent me regarding the les
sons in pointing" may be Of
some interest to you.
You take q long stick with .
cord on the end, to which is
attached a corn cob, with
feathers on it.
Holding the stick you throw
the cob on the ground-and
the dog runs to get it. When
the dog is within a foot of the
object, you pull it away, never
letting him quite reach it.
After this has been repeated
several times, the dog finally
comes to the conclusion that he
cannot catch the feathered OBJ
ject.
He will. therefore, approach
within q foot Of it and point.
This should be done regularly,
although not too many times at
once. Then your pup will be we'll
The Washington times., 1934-07-11

with water, it cleanses deeply
and takes the place Of soap.
Rinse 1t off with warm water
and dry your face thoroughly.
Then massage in a bit for pro-
lection against the elements
and to serve as a powder base.
It gives your skin a rich,
veivety Smoothness, and your
powder adheres to it evenly.
I prefer to recommend all
purpose cream for use on dry
and normal skins only. I feel
oily skins fare better with soap
and water cleansingS and only
an occasional creaming. But if
your skin is in between, just
slightly oily. try this new cream
and judge its efficacy yourself.
If your skin is susceptible to
poison from ivy plant and its
various members, or SwellS and
itcheS numerically from insect
bites, let me give you the name
of a balm that quickly dissolves
and removes the poison from
the. skin. It comes in a tube
that is convenient to carry with
you on your excursions into the
country where Mother Nature
is so hard on city bred skins.
If you want to know where
you can procure any article
mentioned in this column,
phone The Washington Times,
The Washington times., 1934-07-11
BY JULIET SHELBY

For those Of us who get our
beauty in snatches there is no
cosmetic aid so highly cherished
as an all-purpose cream.
To keep the skin beautifully
smooth and alluring it must be
thoroughly cleansed at least
once a day, nourished If it is
dry, and constantly protected
against the havoc which wind
and sun and dirt-filled air can
provoke.
So when q new cream makes
its debut and claims to do these
three things, it is time for us to
take notice. Especially so when
the cream bears the name Of
prominent chemists and is sold
for about half the price that
similar preparations cost.
The base Of this new cream is
the natural fat from sleeps
wool and, in case you do not
know, that fat is so closely akin
to the natural oils of the skin
that it is more quickly absorbed
for nourishment than any other
grease or fat or oil. So you see
why this cream may be used to
good advantage as a skin food.
AS a cleanser, it is a boon to
dry skins. BY lathering it into
the skin while the face is wet
The Washington times., 1934-07-11

fine, clear skin, it behooves
you to give it the best of care
and keep it that way. Evi-
IDENTIFY, you have become care.
less in your cleansing. meth
DDS and your skin has become
chapped-proving that no mat
ter how nice a skin is it does
need special care.
Try using cleansing cream
to remove your makeup at bed
time, then soap and water, fin
ishing with cold water. Or if