davidaulloa/AmericanStories huggingface dataset:
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1934-06-08
Acts Not Official

The plaintiffs took the position
that the acts complained of were
not within defendants powers and
authority as Postmaster General,
and are not official acts of the
Government.
AS to whether his acts are Off
cial acts, Section 361, Title S, U.
S. c. provides that the Postmaster
General shall be the head of the
Post Office Department, and Sec.
ton 369, Title S, U. S. c., provides
that it shall be the duty of the
Postmaster General:
Ninth: To superintend gen
orally the business of the Depart
ment, post Office Depart
ment). :"
The carriage of the mails is the
principal business of the Post
Office Department. The acts com
planned of prevent plaintiff from
receiving the mails for carriage.
The contract under which plain.
tiffs rely was made by defend
ants predecessor in office. The
making of such contract is ad.
mitted by plaintiffs to be an Of
fetal act. The refusal of de-
PENDANT to place mail on the
planes of plaintiffs must likewise
be an official act. The United
States must act through agents.
The agent designated by statute
as the head of the department
and to superintend the business
of the carriage of the mails is
the Postmaster General, who is
the defendant. Therefore, assum.
ing arguendo that his acts are
beyond his powers and authority,
or are illegal or void, as alleged
by plaintiff, they are necessarily
official acts. Indeed, both the
Supreme Court of the United
States and this court have held
that the annulling of a contract
is an official act, and also an act
for which the Postmaster General
has authority. In the. case of
Goltra v. Weeks. supra, the Su.
preme Court said:
What the officer was doing
was merely exercising the au-
thority entrusted to him by law
for the benefit of the Govern
ment in annulling a contract
which involved no change Of
possession or title to the prop.
erty."
In Purcell Envelope Co. v.
Smith, rs w. L. R. SIS, this
Court said:
"A case may easily be imag.
ined where it would be more for
the interest of the Government
to violate a contract and re-
spond in such damages as might
be occasioned thereby than to
perform it. Whether that is a
proper policy for the Govern.
ment in this case is a question
for the determination Of the
Postmaster General. -"
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1934-06-08

were not to be taken away from
him by the Government officer"
and further explained the dis
tinction in the following Ian
guage:
What the officer was doing was
merely exercising the authority
entrusted to him by law for the
benefit of the Government in an
nulling contract which involved
no change of possession or title
to the property. To enjoin the Of
ficer's action was in effect enforce
ment by specific performance of
contract against the United States.
1t was an affirmative remedy
sought against the Government
which, though in form merely re-
strictive of an officer, was really
mandatory against the sovereign.
The difference between an injunc-
ton against the illegal seizure Of
property lawfully possessed and
against the cancellation of a con-
tract which involved no change of
possession is manifest"
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1934-06-08
Import Case Cited

In the later case of Louisiana v.
McAdoo, 234 U. S. 627, the same
question was before the court in
an original action brought in the
Supreme Court to enjoin the Sec.
rotary of the Treasury from adj
hitting imports of Cuban sugar
except at a certain rate Of duty.
The Court said:
THAT the United States is not
named on the record as a party
is true. But the question whether
it is in legal effect a party to the
controversy is not always deter
mined by the fact that it is not
named as a party on the record.
but by the effect of the Judgment
or decree which can here be rem
dered. Minnesota VS.. Hitchcock,
1875 U. S. 3S7; Kansas VS.. United
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1934-06-08
Similar Case Found

To the same effect is the hold.
ing of the court in Hagood VS..
Sothern, lit U. S. So, and In re
Ayers, 1913 U. S. 443.
A case almost identical on the
facts and of unacceptable analogy
is Wells VS.. Roper, 246 U. S. 1856,
where Roper, First Assistant Post.
master General, annulled con.
trace Heretofore made between
the plaintiffs and the Postmaster
General, acting for the United
States, and a suit for an injunc'
ton was brought in this court to
restrain him from interfering be-
tween the plaintiffs and the
United States in the execution of
the contract. The contract was
made in 1913, and plaintiff agreed
for a consideration to furnish for
four years a number of automo:
biles and chauffeurs for use in
collecting the mail. Plaintiff ex.
pended considerable money and
incurred substantial obligations
Roper determined it to be in the
interest of the public to discon'
tinue the service of the plaintiff,
and notified him that it was
essential that his contract should
be cancelled. Plaintiff contended
that the cancellation was not
pursuant to the contract, and
treated defendant Roper not as
an official but as an individual
who, although holding public Of.
flee, was threatening to do an
unofficial act outside Of his func'
tions and come between the plain
tiff and the United States in their
contractual relations. There was
a motion to dismiss on the ground
that this was virtually a suit
against the United States. The
language of the Supreme Court is
peculiarly opposite to this case,
and is quoted at some length on
this account as follows:
Both courts (Supreme Court
and Court of Appeals of the Dis
trict of Columbia) held it to be
substantially a suit against the
United States and therefore be-
yond the jurisdiction of the Court,
and in this view we concur. The
effect of the injunction asked
for would have been to oblige the
United States to accept continu-
Gus performance of plaintiffs
contract and thus prevent the
Inauguration of the experimental
service automobile by the act OF
1914-a direct interference with
one of the processes of govern
ment. The argument to the con-
trary assumes to treat defendant
not as an official but as an in
dividual who, although happen
ing to hold public office, was
threatening to perpetrate an u1-
official act outside of his func-
tons. But the averments of the
bill make it clear that the de-
PENDANT was without personal in
tereSt and was acting solely in
his official capacity and within
the scope of his duties. Indeed,
it was only because of his official
authority that plaintiffs interest
were at all endangered by what
he proposed to do. That the in
terests of the Government are so
directly involved as to make the
United States a necessary party
and therefore to be considered
as in effect a party. although not
named in the bill, is entirely
plain"
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1934-06-08
Claim Vested Right

The bills Of complaint further
allege that on the Sd of May,
1880, and on the 22d day of
October of that year, relying upon
the statute, the policy of Con-
gress. and the right to notice and
an opportunity for hearing
prior to cancellation, plaintiff sur
rendered its contracts and the
Postmaster General accepted the
surrender thereof and issued in
lieu thereof a route certificate.
Plaintiffs contend that they
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1934-06-08
CLOTH HOLDS FAIR

coarse yarn cloths market continued
moderately active today with the days
business bringing total for the week to
we'll over 100000 pieces of print cloth
yarn goods. This was considered
fairly respectable showing in view of
the short production and the very quiet
trading which had been the rule for
several weeks past. A feature of trad
ing was the extreme reluctance shown
by mills in regard to sales of later
deliveries at current prices. In the case
of broadcloths, buyers paid i cent pre-
MUM for August shipments over spot
prices.
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1934-06-08

States, supra, GOA U. S. 331,333)
&C.. Obviously such suits 70 re-
view the official action of the
Secretary Of the Treasury in the
exercise of his Judgment as to
the rate which should be exacted
under his construction Of the
Tariff Acts would operate to dis
turb the whole revenue system OF
the Government and affect the
revenues which arise therefrom.
Such suits would obviously, in
effect, be suits against the United
States. New York Guaranty Co.
VS.. Steele, 1874 U. S. $50; Louisi-
ana VS.. Jumel, lot U. s. I'll;
Hopkins VS.. Clemson College, 221
U. S. 636, 642." (pp. 629, 1922.
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1934-06-08

day a n d the
names of the
n o nr,e al tor
members of the
authority W ill
soon be made
known.
The balloting
has b e en- in
charge of DR..
Ernest M. Fish
er, professor of
real estate at
the University
of M C h i gan,
a p p o | nted by
MIRA a S Ad-
m mint st raf,i0n
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1934-06-08
Heads
Meet Here June %

A post convention of the Inter
national Circulation Managers
Association will be held in Wash
ington June % and %, the
Greater National Capital com.
mite announced yesterday. The
main convention will be held in
New York city the preceding
three days, but it is expected
that a number of the 200 ex-
pected delegates will come here.
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1934-06-08
LIVESTOCK MARKETS
CHICAGO

CHICAGO. May 8 G.N.s).-Hogs-
100000 steady. Top. 1885; bulk. sS.4o@
ais; heavy, $3.4O@3sO: medium. $$.459
3.S5: light, $3.4O@S.75.; light lights
$2.5O@3.5O: packing. sows, $2.75 @S.2S;
pigs. $3.50 q $50. Holdovers, 1000.
Cattle-2,OOO; steady. Calves 1000;
steady. Beef steers-Good and choice.
IS. so $1,000; common and medium, $500
@S.5O; yearlings, $6.OO@S.75. Butcher
cattle-Heifers. $3.50 @6.25; cows, $2.25 a
$50; bulls, $2.5O@4.OO: calves. $500
$50; feeder steers, s4.OO@55O; stocker
steers. $500 500; Stocker COW heifers.
$2.75 D4.00.
Sheep-5. 900; steady. Lambs, Ss.o0@
SIS: common, $55O@7.OO; yearlingsA
s6.OO@7.25; feeders, $5.5o@7.Oo; ewes,
S1oO6275
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1934-06-08
EDDIE CURRAN
TAKES TRIP
To ALTAR

Edward M. Curran, debonair
and talented young Assistant
Corporation Counsel, took the
long walk down the aisle to the
altar yesterday.
Eddie has had marriage on his
mind for a long time and most
recently all the unmarried law
yers around Police Court have
been congratulating him on his
good fortune.
But the married lawyers just
shook his hand and said good
bye.
It was a grand wedding and
everyone enjoyed it. From the
Shrine of the Immaculate Con-
ception, where the ceremony was
performed, to 2400 Sixteenth ST.,
where the wedding breakfast was
held, a motorcade headed by a
police motorcycle escort threaded
it's way through the city.
After the ceremony and break
fast, the couple left for "up in
Maine" where Eddie's home is,
where they will spend a few
weeks. The bride, the former
Katherine Hand. is Washington
girl.
Next to step off into the matri,
monial seas will be John Wesley
("Wes'D Gardner, assistant clerk
at District Supreme Court. Yves
is expected to wed Miss Eleanor
Ann Thompson within few weeks
and has a rosy plan to live in a
cottage on a beach somewhere and
commute to his work in Washing
ton.
Bar Association President F.
Regis Noel is no end puzzled this
week.
BY some strange paradox, it ap-
pears that the attendance record
will be broken for bar meetings
next Tuesday, and Mr.. Noel does
not know whether it is a growing
interest in association affairs that
is drawing the lawyers or whether
it is on account of the free feed
which will follow the meeting.
William A. Gallagher, husband
of the former Margaret Osborne,
is passing out the cigars-such as
they are-this week.
It is all because of paternal
pride in a new daughter, who ar
rived at Providence Hospital a day
or two ago.
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1934-06-08
CLEVELAND

CLEVELAND, Ohio, June G.N.s.).
Hogs-Receipts 1900: light hogs. fairly
active on Government account, other
grades slow; mostly steady.
Cattle-Receipts $50: market slow,
few sales around steady; for the week
prices csc lower.
Calves-Receipts $50: market very
slow, narrow demand: closing sales the
lowest in several years.
Sheep-Receipts 200: very little action:
prices for the week sharply lower on all
grades. -
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1934-06-08

kAAChlNOAPs ASAASNO w
both realtors and non realtors
were distributed by the local real
estate boards.
Before the brokerage code au-
thority gets in full swing, another
code-that for land development
and home building-will be in
course of completion. Pubic
hearings on the proposed CODE
will be held June IA, continuing
those of May %.
Keith S. McHugh, deputy ad-
: ministrator in charge of the code
for the real estate brokerage IN
dustry, probably will address the
coming convention of the National
Association Of Real Estate Boards
at Minneapolis, Mimi, June 1880
according to recent announce
ment from the association head
quarters.
Paul E. stark, a member Of the
associations code committee, Will
head a round-table discussion III
the meetings of the States Council
on State associations and on the
code.
There is no doubt that the con-
vention will be enlightening to the
local realtors who are fortunate
enough to attend.
Just to hear Hugh Potter, ma
tional president, tell of conditions
he has found in his Well-planned
itineraries will be profoundly in
teresting, because every realtor
who thinks he has taken it hard
in recent years is anxious to know
if his neighbor has taken it any
harder.
President Potter could not quite
make his tour completely cover
the country before the convention,
but he has come very near the
goal. When he wound up his
spring itinerary with a "trip to
Washington May 20 to speak on
behalf of the mortgage discount
corporation amendment to the
housing bill, he had been in prac-
tically every State in the Union
except the Northwest since his Sc
lection as president Of the asso-
citation.
In September and october he
will visit the Pacific Coast from
lower California to Washington
probably at a great personal sacri-
flee in his own business on &C
count Of his absence.
There was very little activity in
Ete real estate market yesterday.
The lethargic condition of the
market was mainly due to the
realtors inherent curiosity.
Most of the real estate people
Of the city were in the neighbor-
hood Of the Calvert Street bridge
during the larger part of the day.
Armed with passes of
Shem-permitting them to come
very close to the actual moving
operation, they sat in the shade
of the trees down in the creek
bed and decided that the improve
ment would be a fine thing for
teal estate in the Northwest Sec
ton beyond the Creek.
Calvert Bowie represented the
n. L. Rust Company and r. Mar
bury Stamp and Charles C. Coons
both represented r. Marbury
Stamp.
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1934-06-08
CHICAGO

CHICAGO. June S.).-Butter
-15,OS6 tubs; firm; old cars, 15c;
new, coo; creamery extras and STAN
dards, 34c: extra firsts, ESQ cGLc;
firsts, 2214 q 22s4c; seconds, 21@21lac;
specials, 241a @25c.
Eggs-19,S1S cases; firm; old cars.
CSC new. 1Oc; current receipts $50
14c; fresh extra firsts, less than
cars, 15Ac; cars, 15&c; fresh firsts,
less than car. 1412c; cars. 154c;
dirties. 11h @12c; checks. II q 1oc.
Cheese-Twins. 1874 a 1S13c: daisies:
prints and longhorns, 1334 Gt14c.
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1934-06-08
OFFICIALS
SELECTED BY
REALITY MEN
BY DICK BAKER

Mail balloting for election of
code authority for the real estate
brokerage industry closed yester-
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1934-06-08

MONA LESLIE
COAT OF PAINT was not
deemed costume enough by
Century of Progress officials,
who promptly banned Mona
Leslie and her dance, under
penalty of closing the Streets
Of Paris exhibition entirely.
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1934-06-08
PITTSBURGH

PITTSBURGH, June 3 UN,sD.
Hogs-1,5 500; holdovers, 1000. Market
steady. SC higher. Heavies. s3.759$9ol
medium. $500 $50: light $3.so0Sso:
s225@2 so; pigs. $2.25@2.5o.
Cattle-35. Market nominal. Steers.
9OO-1.1OO pounds, good. $5.75@7; heif-
ers, 55O-s5O pounds. good, $5.25 @ SIS:
beet, ssSs.75.
Calvee-1OO. Market steady; vealers.
good and choice. $3.50. !.
Sheep-1.SOO. Shorn basis, excert
lambs. good and choice, $S.5o@9.25:.
yearling wether. good and choice, $3.50
@6.5o; aged wethers, medium. good.
$2@3; ewes, good and choice, $17502.,
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1934-06-08
PITTSBURGH

PITTSBURGH, june s (I.N.S).
Poultry-Market steady. Leghorn broil-
ers, zoe: coored hens lac; leghorn
hens, 12913c; barred rock broilers -
@25c; white rock broilers, 22@24c:
colored broilers, 22@24c; turkey hens,
lac: roosters, 5000; stays. 11@12c:
ducks, 10@12c: geese, Sc; young toms.
lie.
Butter Market steady. 90 score.
25Ac: SO score, 24Ac; So score, 23Nc:9
standard, 25AcA
Eggs-Market firm. Nearby current
receipts, 1870; fresh extra firsts, 15c:
hennery white extras 100 lie; South
Carolina. West Virginia, Kentucky, cur
Eent receipts, 1Sc.
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1934-06-08
BUFFALO

EAST BUFFALO. N. Y, June 5
ONs.).-Hogs. $500. Holdovers, 400.
Fairly active, generally steady with
Thursdays average. Bulk desirable.
10000 lbs. $4@4.1o: few. 22O-25O-lb.
selections, $4.20 160-21O lbs, 1885 a {:
@3.
Cattle-3OO. Medium steers and heif-
ers, $5.35; little demand for common
grassers; cows and bulls rather slow,
steady. Low-cutter and cutter cows,
$1.35@225: mediums. bulls. around So.
Galveston: followers. 400. Vealers
dull mostly soc lower. Good to choice, j
$3.50; common and medium, $3.25 q 4.25.
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1934-06-08

DUE PROCESS - GOVERN
MEN tai CONTRACTS-IN-
JUNCTION Sec TON 1850
REVISED STATUTES OF
UNITED STATES.
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1934-06-08
PRINCIPAL Produce Markets

extras, PAN Q26hc; creamery firsts'
22h 025Ac.
Cneese-Firm, state whole milk flats,
specials, 1S@19c; average run, 800
16l2c; Wisconsin whole milk, fancy,
young Americans. 141ac.
Eggs-Quiet and unsettled nearby
white specials, 21@211ac Standards
brown specials, 1s@23iac; Standards,
1Si3c; mixed specials, 1872 q 22c; stand
ards, 1S@18%c; first. 15c; seconds 16c:
mediums, 14c; Pacific Coast white.
fancy packs, 24@25c; standards, 1870.
2Shc; mediums, 2Oh @2112c.
The wholesale price is So 10 per 100
pounds No fluid milk within the col
210 mile zone.
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1934-06-08

(nonviting member. Ballots to
both realtors and non realtors
were distributed by the local real
estate boards.
Evening star., 1934-09-14

she left home to Sc . doctor whosAad
been treating her for . nervous dis
order since the birth of the youngest
child. Friends said she seemed des-
perate over the Hines.
walking along the bridge. Mrs Hill
suddenly climbed % the top Of the rail-
ing and jumped c6. No one was near
enough to stop her.
IN her pocketbook. found beside the
body, was the simple message. Notify
my husband, Harry D. Hill"
Mrs. Hill landed almost exactly in
the center of q roadway under the
bridge. DR.. Joseph Becker. who re-
sponded to q call In the Emergency
Hospital ambulance, said she died In
stantly. She was taken to the hospital
and her husband went there.
The incident occurred ct 3:S0 pm.
and attracted throngs of curious
pedestrians and motorists, who created
. serious trafic situation on the
bridge for almost an hour.
Funeral arrangements have not been
completed
Evening star., 1934-09-14

q. S. Equipment Used.
American equipment Is used In three
new sugar mills In South China.
Evening star., 1934-09-14
ILLNESS BLAMED
IN BRIDGE LEAP
Mrs. Dorothy F. Hill, Wife of
Patent Examiner, Mother
Of Three, Held Suicide.

Mrs. Dorothy r. hin, 33-year-old
mother. who died yesterday afternoon
In Q leap from the Taft Bridge. was
oficially declared . suicide today by
Coroner A. Magruder Macdonald.
She lived at 3841 Beecher street
with her husband, Harry D. Hin, an
examiner in the United States Patent
Once, and their three children.
Charles. s months; David, I years and
Alfred, z.
Her suicide occurred shortly after
Evening star., 1934-09-14

in . survey Of the county's 5000
welfare cases conducted ct = cost Of
$273.o0o. Two thousand cases re-
manned to be checked.
Those who happen to have inde-
pendent finances win be asked to
make immediate restitution to the
county for the charity relief they
have received" said County Super.
visor Harry M. Bsine. I'm addition,
legal action may be expected IN cer-
tain cases"
Evening star., 1934-09-14

the interior. proposed b new plan for
reorsanizins the Protestant Church.
The plan Suggested the setting up
OF an independent church court 10
settle constitutional disputes.
AZ estimated. % 10 s5 per cent OF
Wuerttemberg church members voted
confidence In Bishop Theothil wurm
IN pom TO determine their attitude
toward Mueller's appointments Of
commission 10 investigate Wurms
administration.
Evening star., 1934-09-14
NATIONAL PRIDE
URGED BY DORAH
Idaho Senator Addresses
Celebration Commemorate
| ing Fort Boise Founding.
y the Associated Press.

~ the Associated Press.
BOISE. Idaho, September l4.-sen-
ator william =. Borah declared yes
terday that without national pride
eciyilintion would cr,imbie and
perish.s
his ADDRESS opened . centennial
celebrxtion commemorAttng the
founding ins 1884 Of Fort Boise.
I'VE have heard much In recent
wears about i1ternationalism, about
wiping out Of national lines, and dis
couraging or destroying national
pride--about the common aim Of all
people," he said.
Desire World Friendship.
"No one more desires peace and
friendship with all nations than the
people of this country. But q people
not devoted to their own country,
people devoid Of loyalty to other
countries. would be as unfit for peace
/. rs they would be, for war, and would
Is surely invite the contempt OF 9TH
or nations as they In time would en-
compass the ruin Of their own.
CAS- q result Of the war;" he said.
sthe world Is now afiiicted with every
form of ism which the ingenuity Of
the human brain could conceive.
"The danger Of such situation" !"
he said, "arise out Of the fact that
economic distress fertilizes tie soil
for the snares which audacious men
scatter with ruthless hand. We can
afford to take a leaf from the book
Of the pioneer.
Cites Pioneer Days.
Into the wilderness, into these
mountain businesses, amid great pri-
Nations and many . long season Of
deep adversity, the pioneer brought
the sound principles Of American
( ciyilization, always fighting the law
lessness which naturally characterized
the frontier life for the establish
ment Of sound democratic principles
and the maintenance of . govern
/ nient Of order and law
Nothing Is finer than the fidelity
or the pioneer to the great underlying
principles Of constitutional govern
ment. We can do no better than
I simulate his example"
Evening star., 1934-09-14
Volcano Less Active.

HILo. Hawaii. September n To-
Lava continued to glow and simmer
yesterday within the great IRE pit
Of the Kilauea volcano. but the erup-
ton which began . week ago was
much lessened.
Evening star., 1934-09-14
Convicted Of Espionage.

REMHkGoegT. France. September
Il op, oe1man. Frederick Stable,
was convicted yesterday Of instigatins
espionage and sentenced to . year IN
prison. He was charged with at
tempting to obtain secret military
documents from French soldier.
Evening star., 1934-09-14
5000 "CHISELERS"
FOUND ON RELIEF
Los Angeles County Welfare Con-
ditions Checked-Some
Face Prosecution.
D the Associatsd Pres.

Dy the Associated Press.
Los ANGELES. September a.
Names Of 5000 persons claimed to
have ''adequate" incomes and unde-
serving Of charity were turned over
tp the Los Angeles County Welfare
Department by the State Emergency
Relief Administration.
The asserted ''chiselers" were found