davidaulloa/AmericanStories huggingface dataset:
The Washington times., 1934-03-24
Little Girl Loses
Her Fight for Life

Death yesterday ended the
fight to save the life Of Dorothy
Clinton, 4, who was suffering from
septic blood poisoning. She was
taken to Children's Hospital after
a physician had removed splin-
ter from her hip. She was the
daughter Of Jerome A. and Mar
garet B. Clinton, Of the 200 block
Fourteenth st. N. E.
The Washington times., 1934-03-24
Measles Cases Here
Increase 1O4in DHU

Measles cases in the District
continued to soar today as 104
new cases were reported to the
District Health Department. This
brings the total cases since Janu-
ary to 1890. No new deaths
were reported, the fatalities since
the first Of the year remaining
at II. .. s,,. ..
The Washington times., 1934-03-24
TEMPLE SERVICE FRIDAY

Good Friday services will be
held under the direction Of Major
James Asher at the Salvation
Army Temple, 606 e st. N. w.
from IL to 3 p. m. next Friday, it
was announced today.
The Washington times., 1934-03-24
House
Board of Commissioners
nissioners did not meet as a board.

The Commissioners did not meet a board
The LIQUOR Board warned all dealers that their monthly
reports must be filed before April TO- tory on this page
Plans were made for the housing Of 26 additional payroll
clerks to handle salaries under the proposed emergency
works program (Story on this page)
The Washington times., 1934-03-24
ALEXANDRIA CANTATA

Following an annual custom the
choir of st. Paul's Episcopal
Church in Alexandria will sing
the cantata, "Olivet to Calvary" !"
in the church at 8 o'clock to-
morrow night.
The Washington times., 1934-03-24
EXAM CANCELLED

Examination for the post Of dis.
trict supervisor Of the Bureau Of
Industrial Alcohol has been can.
celled, it was announced today by
the Civil Service Commission.
The Washington times., 1934-03-24
Senate

The Senate District Committee did not meet.
Conferences between interested groups today brought
newed hope that the proposed Municipal Center project for
the District may maerialize in the future (ory
this page)
Senate approval of the House veandve pay restoration
plan expected today with complete agreement the
independent offices appropriations bill looked for early
next week. (Story Page ~
House
The House District Committee did not meet
The House restaurant controversy dead ISSUE says
Majority Floor Leader Byrns. (Story on this page)
House prepared to consider District legislation Monday
ready
The Washington times., 1934-03-24
DiStrictLOS

daily resume of all action in the House and Senate
dealing SOLELY Oh the District Of Columbia, and all
action by the House and Senate District Committees
and Board of District Commissioners.
The Washington times., 1934-07-13
LEGAL NEWS---COURT RULINGS
District Cleared of Liability for Damage
To Dwelling by Elevation of Bridge

by reason Of the dam. the water
of the lake was so raised as to
cause 1t to overflow all his land,
and that the overflow remained
continuously from the completion
Of the dam, in the year 1851, to
the commencement Of the SUIT
in the year 1867, and the nature
Of the injuries - show that 1t
worked an almost complete de-
struction of the value Of the
land"
It is not necessary to refer to
light and air referred to in the
declaration as there Is no prop.
erty right in such easements.
HutchinS v. Mann, % App. D. G
1O1.
Further, no liability may arise
for failure to establish drains or
sewers as this involves 1.-The dis
cretion Of deliberate judgment
and large discretion not sub.
ject to revision by a court or
jury" Johnston v. District Of
Columbia, 118 U. s. 10.
Only where sewers are built
and an overflow occurs, occasioned
by failure to inspect and remove
distractions, would liability be
present on behalf Of the District
Of Columbia. District of Colum.
bia v. Gray, 6 App. D. c. 314.
The Washington times., 1934-07-13
AIRCRAFT 7 FIRM
VOTES SPL|T-UP

Dissolution Of United Aircraft
= Transport Corp. into 8 operat-
ing companies has been voted by
the stockholders.
:, The plan met the approval Of
90 per cent of the holders. This
compared with only 81 per cent at
the first session on June 20, when
the adjournment until today was
announced since a two-thirds ma
jority was necessary to put the
proposal in effect. 81
While only 351 shares were cast
against the plan compared with
1,449, 900 in favor, the meeting was
not without disSenSion. Max Gold
berg, a Stockholder and Salem,
Mass, lawyer, informed officials
that he would continue his court
battle against dissolution and
would ask the Delaware chancery
court to restrain the action Of
stockholders.
Mr.. Goldberg sought court in.
tervention last month by filing q
plea for a restraining order
against United's officers, but
Chancellor j. o. Wolcott in vii.
mington, Del. turned his petition
down.
AS revealed exclusively by the
International News Service, United
will be broken up into United Air.
plane Company, Western Manu-
featuring Company, and United
Air Lines Transport Corp, the
transportation unit.
Present united stockholders will
receive one share of United Air
craft Corp, q half share of United
Air Lines, and one-quarter share
Of Boeing for each share of the
parent holding company.
The Washington times., 1934-07-13
| LAWYERS. PLAN
RADIO TALKS '

The District Bar Association Is
going on the air later this summer
with a unique and effective pro-
gram Of radio broadcasts covering
q wide range Of subjects.
President F. Regis Noel has ap-
pointed a carefully selected com.
mittee headed by Howard 8. Le-
Roy, with Ben s. Fisher as vice
chairman and Morris L. Lohnes as
secretary, to arrange the broad
casts, designate the speakers, and
select the topics for discussion.
1t is expected the series not only
will cover the various elements Of
law enforcement, but will 60 into
the subject Of municipal improve
ment from the lawyers viewpoint
as well.
The need for additional facili-
ties for the Police, Municipal, and
Juvenile Courts may be carried to
the public in this fashion. as well
as the need for legislative action
in changing some local statutes
which have been found wanting
in modern practice.
Members Of the committee in
clude Richard D. Daniels, John
Littlepage, Duke Patrick, Paul
Spearman. Robert E. Lynch and
Dale D, Drain.
The Washington times., 1934-07-13
District Demurs

To this declaration the District
filed q demurrer and the case
came on for hearing before Mr.
Justice Luhring on the declara-
tion and demurrer thereto.
A case might be presented
where defendant would be liable
for the damages claimed in this
cause II it had placed upon this
bridge and its approaches, or
either, some substances which IF
permitted to escape is certain to
injure others" Damages must be
made good which are "occasioned
by the escape Of such substance,
regardless of the question of neg
ligence." Brennan Construction
Company v. Cumberland, 20 App.
D. c., 254.
In the above quoted case petro-
leum was so deposited by the con-
Struction company that it found
it's way to the Potomac River, caus
ing damage to boats and docks.
The court said:
ut seems but reasonable and
just that the neighbOr, who has
brought something on his own
property which was not natur.
ally there, harmless /" " " 30 long
as 1t is confined to his own
property but which he knows
to be mischiev0us, If it gets on
his neighbor's, should be obliged
to make good the damage. -"
The Washington times., 1934-07-13
j. s. EXP P0RTS
Of COTTON DIP

Total net exports of American
cotton for the months August,
1898, through May, 1884, were
6.2 per cent smaller than the cor
responding period in 1932-33, the
Bureau of Agricultural Economies
reports. The bureau states that
practically all the decline in ex-
ports resulted in April and May
Of this year.
German tak..1gs Of cotton de-
clined to 1886 bales in May from
126,924 in March. and 176,746 in
May. 1882 The bureau says:
"Thc bulk Of the decline may
be accounted for in the Ger
man orders o. March "a and
Lister, prohibiting imports Of
cotton from that date to May
81"
Exports to Great Britain also
have suffered a sharp decline in
recent months. Poland and Rus
Eia are now the only European
countries of significance to take
more American cotton this year
than last. Exports to Russia at
the end of May amounted to
A3,8S3 bales against none the
previous year. In the Orient, ex-
ports to Japan continue larger
than in 1932-33, but the move
ment Of cotton to China has been
reduced.
The Washington times., 1934-07-13
1 GROUPS. join
TIN PLAN

The International Tin Com
mittee states that French Indo-
China, the Belgian Congo, Portu-
gal and the Cornish group have
joined the international tin con-
troll scheme. Details Of their par
ticipation will be announced
shortly. The delegates at the
July 10 meeting signed the buffer
stock agreement, details Of which
also will be published at an early
date.
In May the Dutch East Indies
exported 1,700 long tons Of tin
compared with permissible export
quota of 1857 tons. In April the
Dutch East Indies exported 1910
tons, with a quota for that month
1884 tons.
Nigeria exported 319 tons in
May, compared with a quota of
464 tons, and in April exported
439 tons, compared with q quota
Of 373 tons for that month. Boz
livia exported 1,646 tons of tin
in May, compared with quota of
1,943 tons, and in April exported
1853 tons compared with. quota
Of 1856 tons for that month.
Malaga exported in May 3,125
tons, compared with quota of
1852, and in April exported
2,794 tons, compared with quota
for that month of 2,552. In May
Siam exported 7O1 tons and in
April 703 tons compared with
fixed monthly quota of S16 tons.
The Washington times., 1934-07-13
Similar Case Cited

In the local case of Noting
ham v. Railroad Co., 3 Mac
Arthur, SIT, 524, it was held
quoting syllabus:
The plaintiff was lot owner
ON X Street and sued the COM
pany for damage caused by the
neglect of the company to pro-
vide proper means to carry off
the water which formed in pools
and deep holes in front and near
said property in consequence of
the embankment of the road.
That said embankment also rem
dered the plaintiffs lots inacces-
SibIe and useless IS o place of
business: Held, that as the road
was built in conformity to a
grade which had been prescribed
by acts Of Congress, 1t was there
fore a lawful road, and the dam
ages resulting therefrOm must
be borne by the lot owners"
Where the injury iS q COM
mon nuisance, it is not a ground
OF action for damages unless the
plaintiff can prove some injury
to himself, Of q character diff.
ferent in kind from that COM
mon injury which he may have
sustained with the rest of the
public by reason Of such
nuisance"
And citing other cases the court
said, page SGT:
The complaint in an action
against . city alleged that the
plaintiff was the owner of q
lot near q certain avenue;
that the defendant caused the
The Washington times., 1934-07-13
NUISANCE-SURFACE WATER
MUNICIPAL RPO RIA.

\
MUNICIPAL RPO RIA.
TIONS.
I. Surface Vater is a common
enemy that the OWnsr usGy Tspsl,
but an exception is 0lW0ys rec
cRnised that it 10 not GllowabIs
to an upper OwnSr to collect the
surface wGter by msans Of
ditchSs or drains and discharge
It on the premisss Of the lOwsr
0Unev.
2. Whatever may Be the injury
that casualIy results to an iIldi.
Uidual frem the act Of another
GOhils pursuing the reasonable ex-
eTcise Of an estGblished right, it
is his n isfOTtune and the indiOid.
uGI from WhOss act it PTOcseds
is liable neither at lGV nor in
the form Of conscience.
;. Where the injury is a COM
mon nuisance, it is not a ground
Of action for damages unless the
plaintiff can prOOe some injury
to himself, Of character diff
ferent in hind from that common
injury sOhich he may have sus-
tanned uith the rest Of the public
by reason Of such nuisance.
4. 1t is established doctrine
thGt sUhsn acting in good faith
municipal corporations are not H.
able for the manner in which
they exercise Discretionary pOw-
ers of a public or lssislatiVe
character.
In the case Of Osborne VS.. Dis
trict of Columbia, at Law No.
Sl708, the plaintiffs filed suit
against the District for mainten-
ance Of a nuisance in that it ele-
waited and widened a certain bridge
in front Of the dwelling Of the
plaintiffs, obstructing the view
from the front Of the dwelling up
to the second story thereof. cutting
off air and light, etc., and that by
reason Of the sloping bank Of said
elevation the surface water and
large quantities Of dirt were pre-
cipitated and deposited on plain
tiffs' house and lot, making the
same unsafe for habitation.
The Washington times., 1934-07-13
Recovery Barred

Plaintiffs do not charge nesli'
gence and under the decision of
the Cumberland case, supra, can
not recover, as the only other i1l'
stance where negligence would be
immaterial Is that of a public nuis.
ance. In the case of the latter
there must have been some allega'
ton Of special damage du e to
method Of building drains so that
surface water is collected and con.
centrated so that its flow Is di.
rected onto adjoining property.
Mere change Of grade as hereto
fore pointed out gives rise to no
liability.
AS q matter Of law, bridges built
by public authority are highways
and the erection Of a bridge is but
the laying out Of a highway. Stop
penbach v. Multnohah County. II
Greg. 400: Bigelow v. WorcheSter,
160 Mass. 800.
Approaches and inclines are dis
tinct from the bridge itself and
likewise parts Of the highway.
Minis v. Boone Co. 66 Iowa, 273:
Carter v. Band P. r. Co.. 139 Mass.
525: Savannah r. Co. v. Daniels,
80 Ga. 60S.'
The Supreme Court Of the
United States in the case Of North
ern Transportation Co. v. Chicago,
80 u. S. 635, Is Law Ed. 33S, de-
clared:
ut is undeniabIe that in
making the improvement of
which the plaintiffs complain
the city was the agent Of the
State and performing o public
duty imposed upon II by the
legislature; and that persons
appointed by law to make or
improve . highway are not
answerable for consequential
damages, If they act within
their jurisdiction and with care
and skill, Is . doctrine almost
universally accepted In England
and in this country"
In order to impose liability on
the District Of Columbia the
erection of this bridge and its
approaches must result in q TAX.
ing" and physical and practical
ouSting Of possession. Transporta.
ton Co. v. Chicago, 90 q. s.
635, 5,641: Pumpelly v. Green Bay
Co., 13 Wall. 1865. In the latter
case the declaration was held
good because II set forth that
The Washington times., 1934-07-13

the assets given as collateral. This
means, according to the explana-
tion of RFC officials, that a build
ing held by closed bank and
valued today at 100000, but
which officials believe will bring
$1,00O,00O three or five years
from now, would be sufficient col.
lateral for loan today of $780,
900.
This new lending policy is the
result of the Mcleod -Steegal bank
relief bill which passed in the
last session of Congress and
which was sponsored by The
Washington Times.
c. B. Merriam, a director of
the RFC, in explaining the policy,
Said
"The security offered by
closed banks in Washington
will be again reviewed in keep.
Ing with the law recently
passed by Congress and In all
probability the loans will be in.
creased 50 that additional divi.
@ends can be paid out"
Standings to Date
The closed banks, the amounts
OF loans authorized and the
amounts repaid are:
The Washington times., 1934-07-13

grade OF said avenue to be raised,
but failed to provide any means
for carrying off the rain water,
by reason whereof such water
flowed from the said avenue
upon the plaintiffs lot to his
damage; held, not to state q
cause of action. A city has at
least the same right to improve
its property as q private owner;
and 80 long as the surface water
Is not collected into a channel,
and thrown upon anOther'S land,
the city is not table,"
To the same effect is the
later local case of Pearce v. Scott,
So App. D. C. 257, where one
lot was higher than the other
and the lower owner built a
roadway three feet high resulting
in surface water being thrown
back on plaintiffs land. The court
citing Walker v. Railroad Co., 165
U. S.. 500; B. & o. R. Co. v,
Thomas. 81 App. D. c., 255, and
B. & P. r. Co. v. Fifth Bap.
Church, 108 U. S. 317, held:
I'm the present case the de-
fendant has not built an Obstruc-
tiOn in a narrow channel,
nor has be made an unreasOn.
able use Of his land -" 3" In con-
structing his roadway he has
exercised only his legal right
as owner Of the land, and his
act being lawful, it furnishes
no basis for q suit for dam
ages"
In the instant case defendant
has made a lawful and necessary
use of its land for the protec-
ton Of the public in the use of
the highway.
Here we have a supervening
agency, surface water. Witness
the words of the declaration. It
is alleged that:
I'm time of rain or melting
snow, large quantities of dirt,
soil and g..vel from said bank
and large quantities of water
are precipitated to and depOs-
tied upon said lot of the plain.
tiffs =" (page 3 of declara-
tiOn).
The demurrer should be sus-
tanned as:
ut is established doctrine
that when acting in good faith
municipal corporations are not
liable for the manner in which
they exercise discretionary
powers Of a public or legisla-
tive character" Harris v. Dis
trict Of Columbia, 256 U. s. $50,
652.
After hearing, Justice o. r.
Luhring sustained the demurrer
to the declaration. The plain
tiffs elected to stand on their
declaration, an appeal was had,
and the ruling of the trial court
was, sustained by the Court Of
Appeals.
The plaintiffs were represented
by MILAN and Smith and the
District of Columbia by Edward
w. Thomas and Robert E. Lynch,
Assistant Corporation Counsel.
The Washington times., 1934-07-13
Holy Name Society
Joins MOz,ie Fi0ht

Representing $4,000 men, the
entire membership of the Wash
ington Holy Name Society has
joined the Catholic Legion of
Decency in its drive against ob-
jectionable motion pictures.
The society, at a meeting last
night In Immaculate Conception
Hall, unanimously appointed a
committee to draw up a resolu-
ton .indorSing the movement,
which already has secured the
support Of many other Organiza-
tionS.
The washington Federation of
Churches. representing every i'm
portant Protestant Church in the
city, has also indorsed the cru
SADIE,
The Washington times., 1934-07-13
TeLephOnt Friends
Honor Old En1DLOUe

In recognition of his IS years
of service in telephone work,
Harry Scharnikow, plant super
intendent of the Chesapeake &
Potomac Telephone Co., has been
presented with a diamond service
emblem.
The emblem was presented at a
luncheon given in his honor by
telephone officials and friends.
Mr.. Scharnikow began his tele-
phone career in the switchboard
installation department of the
Western Electric Co. in New York
City in 1899. He has served in
Washington since 1908.
The Washington times., 1934-07-13
FATHER DENIES
GIRL GRAVE

WICHITA, Kan, July 13 U.N.S).
"Let Snawder take care Of her
body"
That was the cryptic telegram
received by a local undertaken TO-
day from Claude Peak, Of Fort
Knox, KY, father Of Mrs. Dorothy
Peau Jameson, 26, for whose mys-
terious death two men are held
here on manslaughter charges and
a man and woman are being
sought.
Those held are j. Warren Snaw.
der, of Valley Station, KY, trav-
cling companion Of the dead
woman. and Dee Hampton, in
front Of whose home here the
woman's body was found slumped
in an automobile. The pair sought
are Bill Wakeman and Gertrude
Wilson.
The undertaken had wired the
father for instructions regarding
Mrs. Jameson's funeral.
The Washington times., 1934-07-13
CLOTH PRICES HIGHER

NEW YORK, July 13 QN.s).-Busr-
ness in the coarse yarn cloths market
continued at rather brisk pace today,
with full prices being paid for every
quotations established Thursday. Sew
eraI important lots Of goods sold for
straight August shipment at " cent over
what July and August combined brought.
Various isolated mills makes that were
previously available at the smallest frae-
tion under the general market were gen.
orally cleared away or Withdrawn. lead
ing to a more uniform price situation.
There was an encouraging reluctance
among respective mills to push their
goods on the market.
The Washington times., 1934-07-13
Liberal RFC Loans to Free
Closed Bank Deposits
Continued from PGRe y

CONTINUED from PGge y
little more than Is per cent. This
leaves a balance Of $7,455, ,438.73
yet to be paid the RFC.
Since the collateral put up by
the banks for their outstanding
loan of $7,455, ,43S.73 will be ap.
praised on q more liberal basis,
the security is expected to be good
for an additional loan Of about
So, 100000. On top of this, the
closed banks which have paid
back part Of their loans probably
can refund them for much more
than their original borrowing.
Three banks failed to pay back
anything on their loans; the
United States Savings Bank, the
Washington Savings Bank and
the Industrial Savings Bank. A
fourth bank, the Bank Of Bright
wood, did not repay anything on
one of its loans, but succeeded in
paying back almost all Of another
loan.
IS Per Cent of Normal Value
In the future the RFC will cast
aside its former stringent policy
in making loans and will now lend
money to closed banks up to IS
per cent Of the normal value Of
The Washington times., 1934-07-13
Home Banks Lend
$595, 900 in Week

Loans. amounting to $595, 600
were approved by Federal Home
Loan Banks during the week
ended July 7, it is learned.
Thus loans aggregating $128,-
063,333 have been authorized. Of
which $1l6,663. .347 has been paid
out. Repayments have totaled
93e,e4S,9S1.
The Washington times., 1934-07-13

according to q
compilation Of
C o m p q r q tive
operations dur.
ing the first
six m n t h
periods Of 1888
and 1884, which
has been pre-
pared by the
w a s h in 6 ton
Real E S t a t e
Board.
Revealing q
gain In building
values amount
ing to nearly
EI mn O0n the
The Washington times., 1934-07-13
WEARY TRADERS
*LET STOCKS
SL|THER
By WALL STREET SPECTATOR

Oy WALL SA-SEEI SKECIAIOh
NEW YORK, July Is O.N.S0.
AS though worn out by the snail's
pace Of the rally in the first part
Of the week, the market quickly
fell back into its drab routine yes
terday. Prices were lower, but so
was volume and the whole session
meant as little as those in the last
month.
With commodities on the skids,
Tor q change, the failure Of any
1arge-Scale selling to come into the
market is the strongest thing in
Its favor.
According to the gosSips, there's
q game Of tag going on in U. S.
Smelling. There may be only a
handful Of shorts in the stock, but
these days this is a lot, and some
OF the boys are out to drive them
to cover.
They're trying to help their
game with stories of big earnings
again, this time better than SIS
q share. 1T doesn't jibe, though,
with the $3.43 a share earned in
the first five months of the year
unless the company is holding q
lot of gold and silver for higher
prices.
The seriousness of the European
situation is holding considerable
buying back. The fears won't be
Btilled until it is determined
whether there will be a complete
economic breakdown in Germany
...if this should occur, another
markup in the world gold price
Is expected as a defensive meas
ure by other nations.
Technical students Of the mar.
ket have the idea that it may
break out on the upside some time
next week, but admit it's just a
guess.
The Washington times., 1934-07-13
LONDON CLOSE

LONDON. July IS U.N.s).-The
British government was urged again
in the House of Commons this after
noon to make some move toward
payment of the foreign debt to the
United states.
Urging the importance of Anglo
American friendship James Stewart,
Laborite, suggested that the govern
ment make a direct practical offer
to America to negotiate the war
dohtz
The Washington times., 1934-07-13
Mk4 HVES

BUSINESS OFFICE. 1917 H ST. NV.
RATES DELIVERED BY CARRIER IN
WASHINGTON AND ALEXANDRIA.
The Washington Times daily 10 deliv.
cred by carrier at 10 cents per week
daily Times and Sunday Herald. Is cents
per week; daily Times aud Herald daily,
90 cents per week: daily Times and
Herald daily and Sunday, 25 cents per
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week
The Washington Herald daily and
Sunday. is delivered by carrier at Is
cents per week: daily only, 10 cents per
week. and Sunday only, 10 cents per
week.
Orders can be sent by mail or tels-
phone District 1000. Collection 10 made
weekly by carrier.
RATEs nv NATT