davidaulloa/AmericanStories huggingface dataset:
The Washington times., 1934-07-09

'such person from acting as q
trustee under q deed of trust to
secure money loaned by or ow.
ing to such corporation, but the
relationship of the trustees in
this case to the mortgage com
pany and their connection with
the negotiations and the con.
duct of the transaction herein
involved clearly show that they
have such an interest in the mat.
ter as would diSqualify tn e m
from acting that disinterested
and impartial part which the
law requires Of trustees.
The Court of Appeals in point.
ing out the marked difference in
the relationship between mort.
gagor and mortgage and that of
trustee and cestui que trust has
said:
"''The law requires Of =
trustee in such circumstances
under q deed Of trust) that
he act fairly toward both par
ties and In the best interests
Of each and not for the exclu-
Sive benefit Of either, because,
after he has acted, the right Of
redemption is lost. Certainly
1t would be inconsistent that
he should act in the character
Of vendor and beneficiary of
the trust, for the two charac-
ters involve different Obliga-
tiOns and should not be held
by the same person.
"In the case of a mortgage
the right of foreclosure en-
braces the reciprocal right to
redeem, as well as the Obliga-
tiOn to apply to q court Of
equity to carry out its terms,
and consequently it has been
held, and we think correctly,
that, where a deed is executed
by a debtor conveying land to
his creditor and constituting
the creditor trustee to sell the
land and apply the proceeds to
the payment of the debt due to
himself, the deed, without re-
gard to its form, should be re-
garded as q mortgage in which
the trustee is without author
ity, except by resOrting to a
court of equity, to sell the
property and bar the rights Of
the debtor" Spruill VS.. Bal
lard 81 App. ID. c. liz, ia.
The Washington times., 1934-07-09
LEGAL NEWS I'D. C. COURT RUL|NGS(
Foreclosures On Real Estate Are Held To Be Voided
By Improper Dual Status of Trustee

were the trustees under the deed
Of trust and on May s, 1881, in
serted the first newspaper adver-
tiSement that the property would
be sold at public auction for
default under the second deed
Of trust, May 18, 1881. Schick,
who had negotiated this loan
on behalf of the mortgage COM
pany was its president, one Of its
directors and a Stockholder OF
the mortgage company.
Just q week after the mortgage
company by the letter dictated
by it's president and trustee
(Schick april %. 1881, had ad-
vised Mortimer that the com.
pany would institute foreclosure
proceedingS-which Mortimer had
the right to believe that property
proceedings would be instituted
in court-the property was ad-
vertiSed by the trustees for sale
under the deed of trust and sold
pursuant to said advertisement
on May 1S, 1891.
There were four people pres
ent at the sale Thrift, the
trustee, Owen, the auctioneer,
Owens assistant, and one Schaaff,
an employe Of the mortgage CON-
pany who bid $1,000 for the
property in the name Of the de-
fendant Camalier, a clerk and
accountant Of the mortgage COM
pany, who took title to the
property for the company. Schaaf
neither paid the $1,000 to the
auctioneer nor made any de-
post.
The Washington times., 1934-07-09

Enactment of the uniform
illegitinacy act for the District
Of Columbia will be suggested
to the bar association for its
sponsorship before the next ses-
sion Of Congress, it was revealed
today.
The matter was brought up
through a letter written by a
group Of attorneys to President
F. Regis Noel Of the District
Bar Association, protesting action
Of Juvenile Court Judge Fay
Bentley in placing the father
of an illegitimate child under a
surety bond to insure payments
for the child'S support.
Unable to make the bond.
which would run for IA
years, the father, who pleaded
guilty. was remanded to District
Jail. The local attorneys rec
commended that the bar associ-
alton sponsor an amendment to
section 285 of the juvenile act
of the District Code which would
deprive the Juvenile Court Judge
of the option Of requiring surety.
Mr.. Noel referred the matter
to Abram F. Myers, who made
en- exhaustive investigation Of
Juvenile Court docketS to find
the present juvenile act is in
adequate. He reported that:
"1) Such an amendment
would tend to impair the ef-
fectiveness of the court and
tend to encourage disregard
for its process and orders and
(2) it would amount to tink-
ering with an antiquated and
outWOrn statute when forward
looking people are turning their
thoughts and energies towards
getting . modern, scientific H.
legitimacy law for the District
Of Columbia"
The Washington times., 1934-07-09
Disqualified as Trustees


In this case the transaction out
Of which the trust arose was the
making Of a usurious loan by the
mortgage company through an in
termediary under the guise of pur-
chasing a second trust note in an
effort to evade the usury law. It
is even more flagrant than the
case Quinn ct al. VS.. National
Mortgage & Investment Co. ct al,
81 App. D. c. A, wherein the
Court of Appeals had occasion to
hold the transactions of this COM
pany were uSuriouS.
The mere fact that one is an
officer or stockholder of a cor
poration would not disqualify
The Washington times., 1934-07-09
Sale Held Void

Justice Peyton Gordon in his
memorandum said:
"The court finds that from
the very inception of the trans
action it was the purpose of the
mortgage company fraudulently
to evade the usury law and was
lending money and not .purchaS-
ing a note, and that the ne.
gOtiatiOnS were conducted on
behalf Of mortgage company by
the president of that company
with full knowledge of that fact.
and that neither he as one of
the trustees nor his co-trustee
under the deed Of trust was in
. position to act fairly and to
the best interests Of each of the
parties, but they acted for the
exclusive interest Of the mort
gage company by which they
were employed. The facts in
this case constitute q fraud ir-
respective of the terms by which
they might be designated.
''In this situation the instru-
ment designated as a second
deed of trust should be regarded
as a mortgage and the trustees
therein were without authority
to act except by resOrting to q
court Of equity.
"The court holds that the
sale was invalid, and the deed
by the trustees void, and an &C.
counting should be had"
The plaintiffs were represented
by Raymond M. Hudson and tn
defendants by Hamilton ant
Hamilton.
The Washington times., 1934-07-09
Default Denied

While the allegations in the bill
are quite meager, the gist Of the
complaint is that plaintiffs were
not in default on their note at
the time Of the sale, because the
aggregate amount Of the monthly
inStalments paid, together with
the amount Of the uSuriouS inter
est charged and exacted, would, If
properly credited, amount to more
than would be properly payable
under the terms Of the note: and
that the relationship of the trus-
tees to the mortgage company the
party secured and their financial
interest therein. renders them un-
fit to act impartially as trustees
and constitutes the trust inStru-
ment a mortgage which could not
be foreclosed except by appropri-
ate proceedings in a court OF
equity.
The plaintiffs being in need
The Washington times., 1934-07-09
.HyattsUiLIe SLashes
List of Job Seekers

After July 10. all persons who
have not returned the registration
cards sent out by the HyattSville
branch of the National Reemploy-
ment Agency will be taken off the
unemployment register. T. J. Cam
field, director Of the office, an
nounced. During June these cards
were sent to all persons registered
at the Hyattsville office. Thus
far only one-third Of the cards
have been filled out and returned.
The Washington times., 1934-07-09
'AR Hints Menace
Of Textile Strike

WINCHESTER, Va, July 9
The insertion of an advertisement
in a local paper today limited Of
strike" threats in this district
The ad said:
Textile workers. affiliated
with American Federation of
Labor, will hold open meeting
ut headquarters. Queen and
Burke streets, MartinSburg,
Wednesday, at 8 p. m. This
meeting viii not be postponed.
All mill workers are urged to
be ut this meeting and hear
real facts. Mill Workers Com
mittee."
The Washington times., 1934-07-09
CHAPTER Xxx.

Briefly" said Linda, you want a man as much like
yourself as is humanity possible
He gave her quizzical look. How did you guess?"
Call it female intuition. You have just described
Jerome, DR.. Van Dieman."
'Jerome?"
Eyes Lieutenant Grain. Ever since we landed on this
island I've been playing Eve But couldn't make him
play up to Adam. He wouldnt break into your
beautiful chests and he wouldn't sample the Forbidden
Fruit I had to trick him into doing that. -,
The Washington times., 1934-07-09

raise story in q nutshell. The as
sociation owns between 40 and 81
millions Of dollars worth Of rea
property in the city. including
some Of the most desirable office
buildings, hotel, and business loca
tionS.
Leading Expense Item
The statement. which follows
Is enlightening:
"Taxes are one Of the principal
items Of expense in the opera
tiOn Of any piece Of real prop
erty. IL is also q cash item; it
must be paid in full when due
Or the owner suffers a uSuriOuS
penalty, since he is further
taxed at the rate of l per cent
= month on his unpaid taxes.
Each apartment renter may
cOnServatively figure that at
least one dollar in every ten
that he pays in rent is in turn
paid by the owner to help Oper-
ate the District. OF course, this
b not the only tax. In addition
there are personal and intangi-
BILE taxes and various inspection
fees. In addition to this there
ore Federal taxes which help to
boost the mounting tax burden.
Office building tenants may
count on one dollar in seven Of
their money finding its way to
the office Of Collector Of Taxes
Towers.
"In the case of business prop
critics where no service is fur
nished, probably 20 per cent Of
the rent, and in many instances
IL Is considerably more than
this, goes for real estate taxes
alone. without having exact fig
ures, it is not exaggeratiOn to
say that when a man buys a
$50 suit of clothes from q down"
town store, about 81, or 2 per
cent Of the cost of the suit, Is
4VE IC0A CSk@OC O~ACOs
I'm the case of home owners,
roughly IL or Is per cent Of
the rental value Of the home
b absorbed by the tax collector.
''It is to be hoped that Dis
trict officials, in making up the
1886 budget, will start with the
premise that the budget will be
kept to such q figure that it viii
come within the revenue in
come of the District for the
coming year and that they will
dismiss the thought of any new
taxes, and particularly any in
crease in real and personal
taxes"
A few more statements like tina
Of the building owners and man
ayers will educate the public OF
the matter of rentals. There ha
not yet been brought to light. il
such a manner that the publ
can understand it, the fact tina
most buildings in the DiStric
which are occupied by rent-paS
ing tenants have primary eS
penSes which must be paid out O
earned revenue.
Besides taxes, there are interest
amortization, insurance. mainte
nance, and hundreds of other item
that eat into the aggregate RI
turn. When these items ar
broken down it can be seen tina
the net profit to the owners o
those palatial buildings Is rels
lively small compared to the risl
undertaken and the capital in
1,ac&aH
The Washington times., 1934-07-09

has suggested
may occur in
1886, Is bound
to be re-
hected in the
rents paid by
tenants for
homes, apart
ments an d
b u 5 | n e s 5
structures"
This state
ment, issued By
the BUILDING
Owners a n {
Managers ASSo
citation today
fA11a tho fQY
The Washington times., 1934-07-09

This Is a suit in equity to va
cate a deed and set aside o sale
by trustees under a deed Of trust,
of property in this jurisdiction:
and for an accounting.
The bill charges that on OF
about May 20, 1880. the plaintiffs
owned and occupied premises
1743 Webster st. N. W.; that the
National Mortgage and Invest
ment Company agreed to loan
the plaintiffs $4,000. secured by
a second deed of trust on said
premises, subject to a first trust
for $17,5o0: that said second
trust is only a mortgage, as said
mortgage company named its Of
ficers and directors, Schick and
Thrift, as trustees.
That said deed of trust and
note for $4,000 were dated June
2, 1880, and the note was pay
able $65 per onth for SO
months, beginning on July 2
1890; and that the mortgag q
company mailed the same to the
Lawyers Title Insurance Company
with a letter instructing it to
have the plaintiffs execute the
same, and to issue its certificate
to the mortgage company cover
ing the title and to retain out oi
the proceeds of the loan and re
fund to it, the mortgage com
pany, SIT for insurance anc
drafting the deed.
The Washington times., 1934-07-09
RENT INCREASE
SEEN|F TAXES
ARE RAISED

BY DICK BAKER
i ANY increase In the real es.
tate tax burden, such aS Major
Donovan, the District auditor,
The Washington times., 1934-07-09
DEEDS OF TRUST-USURY =
TRUSTEES. CHAPTER "a D
q GOnH

4SSS \ Ga&ASs NAAAAA = S@SS - -
C. CODE.
!. fhs mere fact that one is
an officer or stoekhOlder Of a
corporation WouId not disguGlify
such person from acting az a
trustee under a deed Of trust to
secure money loaned by Or
OWinR to sueh corporation, but
the relationship Of the trustees
in this case to the mortgage COM
pGny, and their connection with
the negotiations and the conduct
of the transaction involved. clear
Iy shOU that they haze such an
interest in the matter az wOuld
disquolify them from acting that
disintsrested and impartial part
which the lGW requires Of
trustees.
2. The LGw requires Of q
trustee in such circumstances
(under deed Of trust) ehGt he act
fairly tOu0rds both parties and
in the bet interest Of each md
not for the exclusiVe benefit Of
either, because, after he hes
acted, the right Of redemption is
lost.
,. IL wOuld be incOnsistent
that he should act in the char
Gcter of vendor and beneficiary
Of the trust, for the tWO char
Gcteys inUOlUe different obIiSG-
tions and should not Be held by
the same person.
The tribune independent of Michigan. [volume] (Detroit, Mich.) 1933-1935, 1934-07-28
Harlemites To Hold
Bridge Tournament
On 3rd OF August

IH, narlemitc- Club, q popular
local organizations viii sponsor
ll.r ecoud play on of their aue-
.on bridge tournaments Friday
evening august q az the NJ y. c.
fhf,nrrlN the VI - L. club. 632
livinestone street The admission
Nil only be- 80 cents All auction
hridee PLAYERS are eligible. There
viii hc no (cntrance) fee. except
for the last fourth play-off.
Participants may retain their
mariners throughout the entire
series. pMycrs may also be of the
same ~ opposite sex,
There viii also be a special at
traction. u the form of high class
music ANA dancing.
Contestants in the tournament
are requested 10 register. by send
ing communications TO AT Tire
man. before Thursday. August ,
Allen g Taylor. president OF the
club. announces that
The prize winneIs at the first play
oil were tho Zonta Social club ana
the supreme Bridge club
An advertisements announcing
he Harlcmitcs auction bridge
tournament Tor Friday August :,
tppcar- ti-ewhcre i'm this issue
You are invited TO read il and
olow YOUR friends 10 the VI d. Co.
~ LIVINGSTONE during The tourna-
0rnt ANA Soc Who is Deiroit's best
ridge team
The tribune independent of Michigan. [volume] (Detroit, Mich.) 1933-1935, 1934-07-28
c. c. Center Sponsors
Mammoth Picnic

The Citizens Committee of Cen
trail Community Center sponsored
one OF the largest picnics and out
ings ever TO be held at Belle Isle
for Children. Saturday July IA. The
outing was more or less city
wide affair as several buses and
truck loads of children came from
all sections OF the city including
the Eight Mile Road district. The
largest group. however, came from
the Central district. which sent
about four hundred children.
Each child brought his own
lunch but arrangements We're made
10 serve ice cold punch. sand
witches. aud ice cream. A well bal
anced program of games. races,
and hikes. for the girls and boys
was enthusiastically accepted.
Many children bought their par
ents. Games were arranged for
them, which at times rose to a
high pitch of excitement The fea-
was the fat women's 100 yard
walking race Ii was great fun and
a huge success. The boys played
playground ball, line and circle
games. went on nature study
hike. held "A small athletic meet.
and went swimming. At the same
time that the boys were enjoying
their games. the girls. at one end
OF the play field. were having
great fun going through their well
program.
About 1900 o'clock in the after
noon after a very enjoyable day.
the children were called together
by their leader or chaperon and
were given to prepare
so home Some were disap-
pointed in leaving so early. but
,boui i:2o the last bus loaded
with happy children left ths
grounds
The tribune independent of Michigan. [volume] (Detroit, Mich.) 1933-1935, 1934-07-28
AMATEUR BOXERS THRILL
CROWD AT FOREST CLUB
BY =. Il. Holland

Clinton Bridges, hard hitting Mt.
Olive \. G.. light heavyweight. won
Il hard earned decision over STAN
ley Evans. national amateur heavy
weight title holder In the feature
bout staged at Forest Club on
July 18Th. Bridges out fought his
foe quite easily in the first few
rounds. but tired badly in the clos
ing sessions lie had Evans down
in the third round from Il terrific
hook TO the jaw, but Stanley re-
gained his feet and weathered the
storm OF blows rained upon him.
Evans Starts Too Late
After losing the first three
rounds. Evans came back TO life
and started furious rally in the
fourth. lie seemed TO get stronger
while Bridges got weaker. In this
session both pummesed each other
at leisure, but Evans punches had
the most effect.
Bridges In Bad Shape Al Finish
Sensing defeat and exhorted by
his handlers to get in there and
fight" Evans made his greatest
bid in the fifth and final round
when he drove Bridges around the
ring showering him wirh lets and
rights. Clinton made little attempts
to mix II in .his round. and called
upon his ring craft to stave off de-
feat. Evans staged such a heart
throbbing rally that Retire. Doc
Casey cast his vote for him, but
Iohn Beller and Henry Sullivan,
the two Judges voted for Bridges.
At the final gong. Clinton was a
very. very tired young man.
Patterson Mnzzies Toy Bulldog
Bill BONNER 1888 Golden Gloves
1ovice welterweight champion,
may be a bulldog in action, but
Jesse Patterson. lanky middle
weight of Mt. olive muzzied him
ia the semi-fina. Patterson alter
uated long lett jab to the face
With straight rights TO the body
This bout as well as the feature
had the crowd standing on their
seats and yslling themselves
hOarse.
Keeps Boring In
/ Although Jesse speared his face
plenty. Bill Kept coming in Both
'lboys were staggered several times
but at the finish Patterson had
BONNER on queer street from hard
rights to the law. The final and
lsemi-final bouts were of five two
The tribune independent of Michigan. [volume] (Detroit, Mich.) 1933-1935, 1934-07-28
ANN ARBOR

Mr. and Mrs NJ p Peters and
little son were Ann Arb0r VISITORS
recently az Che home of Mr. ana
Mrs. John Zehbs OF Woodland lls
calling on other old triypl.
Mrs J. r Cromwell WHO faS
boon vsiflns % Canada hf pHd
fNe weeks Pa, rc'urn,l home
SIT aad Nr Nu LoHlon were
Ann Ar3er visitors Sunda Mrs
London was formerly t'i au
stance Zebhs
Ntr. and AIRS Alher' NenmM anl
family left SATURDAY afternoon ,or
Neco~ta Mich where ihrN VIII
spcnd The week. visiting her par
ents
, Nj and Nr, Walter Perkins VIII
spend two wecks len Milan. Mich
with MIS- Perkins mother Their
TWO little uaphcws, Jacob and De
Nld Bird are accompanying ihenA
a picnic was enjoyed hy many at
the new Dexter Park Among
those attending were Nr. and Mrs
J Frazier FreemaD Frazier AND
Masters Clement Leon Andrew
Foston and Eugene Ford Of
Detroit Mrs. VI a. Bosuc and
children, Miss Iris jackson and
Miss AleNine Flowers. guests OF
Miss Mildred Bostic
Miss Alexiue Flowers is leaving
for months vacation IN Detroit,
with her people.
The tribune independent of Michigan. [volume] (Detroit, Mich.) 1933-1935, 1934-07-28
THE LOWDOWN
ny RoLLO :. VEST

liousc known tc YOU as The Castle
Theatre TO give he latest works of
David and Goliath the once over. :.
well after seeing Johnny Hudgins
at the Plantation and only few
weeks ago. Nicodemus. at the
Michigan was very much disap-
pointed win what John "Ashcan"
LA Rue had "a offer ... don't get
the wrong idea. I'm not trying to
class the Castle with the Michigan
I'm only trying 10 point out the
difference in the material used by
he various men 49,. Hudgins don't
speak n his act 50 we will COM
parr In Rue with Nicodemus. ...
Nc Is considered che of the best In
the business and hailed 10y many as
the successor 20 the popularity OF
fhe late. Bcrt Williams 49,. la
PUG is practically finished as far
as first class shows are concern
cd the former is twenty three
vca"s old while The latter Is close
! 10 his fOrtv's ~ Me uses clean
G medN and La Rue uses cheap
trash 49,. the biggest difference
lies in the fact that Nicodemus is
drawing about twice or three times
the salary az Ashcan .....l haven't
e. anything against La Rue I'm
merely attempting TO bring to light
what the people that patronize the
Opera House must contend with.
An the same bill with La Rue.
however was a high class act that
she uTd be on big time. Alta Blake.
the King OF Taps. so read his bill
ing ... this boy Is really good
with bushels OF personality and the
most important thing Is that he Is
very popular with the audience. es-
pecIally the girls.
Have you ever been 10 the Plan
taticn. do YOU remember the
gentleman who met you at the
door. with the winsome smile and
beaming personality? Well ne is
Edward Il. Sharp. former valet to
the late president OF the United
States. William MCKINLEY. .. I'll
bet YOU didn't know we had such
folks In cur town!
, While looking over my scraI
books ] found an article headed
= Bessie Pierce Is An Ideal Minnel
I The Moocher" which first saw
= print on the twenty-third OF July
1888. The article was written con
I corning the show appearing at tn
} Arcade. !. Joe Candidate 70
. mayor) Hubert was producing tn
y shows then and was suffering
8 brief spell OF illness and the cas-
o was carrying on like real trouper
@ but getting back 10 the title or IN
Q real theme Of the story the articl
70 stated that. After listening TO Ca
h Calloway's famous song OF Mimi
n The Moocher with all her doing
Ie down In Harlem" one Is incline
10 to believe that Bessie Pierce. lead
n, ing lady In Joe Hubert's recer
A. shows Is tailor made FOR the part
he she Is tall and she Is sklnney an
O. she can really kick the gon
k around. 49,. Bessie Is at the pr,
" sent engaged at the Black Cat wit
70, Bob Howe. 49,. Hubert isn't eve
CO working.
\ Well tooIde loo Mr.. and Mr.
what's your names I'll being SCI
D Ing you next week about this san
"a time.
The tribune independent of Michigan. [volume] (Detroit, Mich.) 1933-1935, 1934-07-28
NORTH END NEWS
BY Mrs. VI. l.. GIL
1888 Goddard
AMP

The North Detroit Cubs are still
leading. They took the game from
the Crosse Point Farms team
Sunday. July II, by score of 8
to >. The game was played ut
Crosse Point Farms.
Mr.. and Mrs. Leo Smith, of YER
nor Highway, were called out of
the city recently. by the illness Of
the formers sister. They motored
and were accompanied by their
two daughters.
The wedding OF Miss Mary
Louise Spence, of Goddard street,
and William McKissack will be
solemnized August 5, at the. home
of Mrs. NJ. HUMPHREYS, OF Orleans
street. The bride-elect is we'll
known. being popular North De-
troiter.
Among the other fall weddings
that are expected Is that OF Miss
Lois Jones and Lloyd Jenkins
Friends wish them good luck.