davidaulloa/AmericanStories huggingface dataset:
Evening star., 1934-05-26
GUS BOWS TO JEEMS.

PHILADELPHIA, May 26-Jim Lon
dos of St. Louis, claimant to the world
heavyweight wrestling championship,
threw Gus Sonnenberg of Boston, ex-
championship claimant, in 1927 here
last night.
Evening star., 1934-05-26

The Federal Club is making ar
rangements for an opening" tourna-
ment, at which all games will start
with the same opening, and for an
open-air simultaneous exhibition in
the near future.
Evening star., 1934-05-26
ERETOFORE the good
housewives out in Amer
lean University Park have
had a tough time getting

their husbands out of the
hay in the morning in time to
grab cup OF coffee on the run
and get to the Office on time.
But now that's all changed.
The good housewives can't keep
the men in bed after 6 o'clock.
Promptly at that hour they insist
upon leaping out and gamboling
on the green OF the field at the
end of Massachusetts, avenue at
the District line. They've formed
a neighborhood health club and
for an hour they run. box, toss
the medicine ball and generally
Evening star., 1934-05-26
COUPLE of years hence, when
the young lady gains a little

A COUPLE of years hence, when
~ the young lady gains little
~ more competitive experience
4 \ against accomplished shot
makers and really learns how
to chip and putt. this determined
little star who today wears the Dis
trict public links crown is going to
be ,top-notch golfer.
Betty Keeler, 20-year-old student
at Wilson Normal School, has been
playing golf for only three years,
but she wields her clubs so effectively
that yesterday she snuffed out the
aspirations of Miss Wilda Martin by
and S in the final round.
Miss Keeler, playing with all the
GOODNESS of a veteran, was unable to
get the range of the short shots, but
nevertheless she was good enough to
win ALMOST as she pleased.
Long from the tee, and straight as
a string, Miss Keeler needs to work
on her short game, and If she gets
that part of it in gear she will be
tough to beat. She was out in 43
yesterday over the water-soaked Rock
Creek course to lead by four holes,
closing out the match on the thir-
teenth when her opponent 3-putted.
Gee, isn't it SWELL" the young
person said. But I've got to get that
approaching better"
WITH foretaste of what they
w must expect behind them as
the medal round became his
tory a group of youngsters from the
high and prep schools today started
at Kenwood in the chase for the scalp
of Maury Nee of Georgetown Prep,
most favored competitor to win the
interscholastic championship.
Maury is top-heavy favorite and
should win. Yesterday he copped the
medal at Indian Spring, scoring 40
38-78 to lead the field over the heavy
course, even though he had four
three-putt greens, topping the field by
three strokes. Billy Shea of Western
was second with 81.
AS expected the Georgetown Prep
School team won the team match
with a total of 343 strokes. Nee,
Frank Allan. Frank Carey and
Jack Sewell formed the G. U. prep
team. The kids didn't do so well, as
80 made the first flight. with Buddy
Bowie and Jack Higgins of Western
winning places in the play-off, after
Jim BroWnell of Roosevelt failed.
Two rounds were scheduled today
at Kenwood, while tomorrow the four
Evening star., 1934-05-26
TRACK MEET POSTPONED

Rained Out, High School Event
Set for Next Thursday.
The annual public high school
championship track meet, scheduled
yesterday, was postponed because of
the rain and muddy track 1t will be
held next Thursday in Central High
School Stadium at $3.50 pm.
Evening star., 1934-05-26
Putting Trouble Hits Him.

"HE straightest hitter of golf
ball in the professional ranks
in this section for the past two
years. Houghton has been stymied by
q balky putter that has refused to do
his will at just the time he needed it
most. His failure to qualify at Rich
mond he attributes directly to his
putter. but he also realizes that he
has another flaw which he is de-
termined to correct This is that in
stead of playing the other fellow he
must go out and play the golf course.
Medal play is so different from
match play" the Kenwood star AYERS.
st still remember those days when I
was trying to get ahead as an am
ateur and try as I will I find myself
matching shots with the other fellow
instead of playing for my pars. But
I think that some day soon I will be
able to forget what the other chap
does and continue to play my own
game, regardless of what happens to
him. It's hard to do but have to
do it."
From tee to green I doubt if there
Is a man in America today who can
wallop the ball more consistently on
the straight and narrow path to the
hole than Houghton. But Al has
been in a balky putting streak and
has got into bad mental condition
on those 3-footers that mean so much.
III snap out of it." he says, "and
7 don't know a better way to do it
than to get into some hot competi-
tin where every stroke means money.
If I can't take it, that's my own
Evening star., 1934-05-26

TINE second round of the elimi-
nation tournament of the Fed
eral Chess Club produced sur
prises in the defeat and elimi-
nation in class A of Bettinger
by Sturges and of Windenberg by
Naidel. Neither Byler nor Seidenberg.
who won in the first round, played
their second round. The results of
the second round were as follows:
Evening star., 1934-05-26
Playing at Indian Spring.

"A / INDIAN spring To-Day large
" field of club golfers started
qualifying for the Tribal Bowl
Trophy, one of the major tourna-
ments of the year for the members
of the Four Corners club.
An entire week will be given over
to the qualifying round, with one
week allotted to each match play
round, starting on June 2. One of
the few changes made in the Indian
Spring course since it was first open
ed for play II years ago has come
with installation of an out-of bounds
penalty on the fourth hole.
A series of stakes have been plant
ed along the edge of the rough on
the first hole and ball lying in the
first fairway IN playing the fourth
hole is out of bounds. This has been
done to protect golfers playing the
first hole from wild shots of those on
the fourth
The Washington times., 1934-06-13
Similar Rulings Cited

"To the some effect are
Arndt v. GriggS, 134 U. S.
BIG, 10 Supreme Court 357;
33 U. S. Law Ed.) 91S; Adams
v. HI. V. Hecksher, SO Fed. 281;
Single v. Scott Paper Mfg. Co.,
IS Fed. 553.
"FOr decisions of the State
Courts to the same effect, see
SeculOvich v. Morton, 1O1 Calf.
673, 36 Pac. SS7; Robinson v.
Kind, % New, $50; COrSOn v.
Shoemaker, IS Minn. 1858, 81 N.
w. 1874; Burial v. EameS, S
Wis.,, 26O. In the later case the
court says that a suit for spe-
cific performance, like that of
foreclosure, is Of twO-fOId char
acter, partly in persOnam and
partly in rem. The court may
enforce the contract, either by
operating upon the person to
compel a conveyance or may
pass the title of the latter by
decree.
TT must be conceded that
there must be statutory authO-
ity for such q proceeding, and
such is the case In this suit.
By Sec. 339, L. o. L., service
The Washington times., 1934-06-13
EGAL NEWS---COURT RULINGS
Service In Suit By Publication Validated Under
Some Conditions, D. c. Supreme Court Rules

Corson VS.. Shoemaker SIS MINI.
388, Seculovich VS.. Martin, 101
Cal. 673.
In the instant case, the statute
in this district providing for pub
lication on nonresidents is broader
than those mentioned in any of
the foregoing cases where specific
performance has been granted,
our statute also provides that the
title to any real estate situated
in the District of Columbia may
be transferred by decree of court.
The court clearly has power by
statute, or otherwise, to do every
thing necessary to carry out the
relief prayed for in the bill of
complaint in this cause.
Justice Jennings Bailey, after
hearing, overruled the motions of
the defendants to dismiss the bill.
The plaintiff was represented
by James c. Wilkes and James
E. Arts, while the defendants ap-
peared through Milton 6tras-
burger
The Washington times., 1934-06-13
Authority Of State

In Pennayer VS.. Neff, 95 U. S.
TIA, the Supreme Court Of the
United States recognized and af-
firmed the power of the several
States over persons and property
within their territorial limits, for
the court said, speaking in respect
to service by publication, at page
727:
"Such service may also be
sufficient in cases where the
object Of the action is to reach
and dispose Of property in a
State, or Of some interest there
in, by enforcing q contract, or
lien respecting the same, or to
partition it among different
owners, or, when the public is
q party, to condemn and apprO-
pirate it for q public purpose.
In other words, such service
may answer in all actions which
are substantially proceedings in
rem"
In the case Of Boswell's Lessee
VS.. Otis, 9 How. 1886, 348, 13 L.
Ed. 1874, the court held that an
action upon substituted service
for specific performance of a con-
tract was, with respect to the
property in the action and situ-
ate within the territorial juris-
diction of the court, substantially
a proceeding in rem, saying:
Jurisdiction is acquired in
one of two modes: First, as
against the person of the de-
fendant, by service Of process;
or, Secondly, by . procedure
against the property Of the de-
fendant within the jurisdiction
of the court. In the latter case
the defendant is not personally
bound by the judgment beyond
the property in question. And
it is immaterial whether the
proceeding against the property
be by an attachment or bill in
chancery. It must be, substan-
TALLY a proceeding in rem. A
bill for the specific execution of
q contract to convey real es-
tate is not strictly proceeding
in rem in ordinary cases; but
where such q procedure is au-
thOrized by statute, on publica-
tiOn, without personal service
of process, it is substantially Of
that character"
The Washington times., 1934-06-13
New Question to D. 9.

The controlling factor in de-
Gliding this proposition is whether
or not under the code of law for
the District of Columbia, a valid
service may be made upon . de-
fendant by publication in such
a situation, It appears that this
particular point has never been
passed upon by our local courts
but there have been some de-
cisionS on the point in ether jur-
isdictions.
In the case Of Hawkins VS.. Doe,
60 Oregon 437; 119 Pac. 754, which
was a suit to enforce specific per-
formance of a contract to convey
real estate, situated in the State
Of Oregon, by nonresident de-
fendant, the defendant was served
by publication and a verdict was
had in the lower court for the de-
fendant on the ground that Spe-
cific performance could not be
maintained where the defendant
was served only by publication.
The plaintiff appealed and Mr..
Justice Mcbride, in deciding the
case, and dealing directly with the
point under consideration in the
case at bar, said:
con behalf Of defendants it is
claimed that a suit for specific
performance is purely in per-
SOnam and that the court ac-
quired no jurisdiction by service
Of summons by publication. We
cannot assent to this view Of the
law. Being to q great extent o
Federal question, the decisions
of the Federal courts furnish the
safest guide in cases of this
character. In Boswell VS., Otis,
0 Howard, 1886, 34S, 13 U. s.
Law Ed 164, Mr.. Justice Nc.
Lean SayS:-
"Tt is immaterial whether
the proceeding against the prop
erty may be by attachment or
bill in chancery. It must be sub
Stantially q proceeding in rem.
A bill for the specific execution
of a contract to convey real
estate is not strictly proceed
ing in rem in ordinary cases:
but where such procedure is au-
thOriZed by statute, or pubIica-
tiOn, without personal service Of
process, it is substantially of that
character
The Washington times., 1934-06-13
Complaint Is Sufficient

It is interesting to note that
in the case of Boswell VS.. Otis,
supra, it was said that it is i'm.
material whether the proceeding
against the property be by at
tachment or bill in chancery. BY
attachment the property is actu-
ally seized and held to satisfy
any judgment that may be recoV-
cred. But where a specific prop
erty is the subject of the action,
it may effectively be brought
under the control Of the court
by being described in q bill IN
chancery. In the case at bar the
property was described in the
complaint, which is sufficient to
bring it under the control OF the
court. Property is brought under
the control of the court in the
same manner in actions for par
tition, foreclosure, to remove
cloud on title and all cases OF
that nature.
The proposition in this motion
is very Interestingly treated IN
S Pomeroy's Equity Jus. (Pom.
Eq. Remedies, Vol. u Sections
IL, 13, IA and Is. At Section
is the author says:
"As q result of statute it Is
held in many States that de-
cree removing q cloud from
or quieting titles to land with.
in the jurisdiction Of the court
may be based upon publication
of summons"
Citing Arndt VS.. Griggs 134 q.
s. 316, SO L. Ed. 918; Bryan VS..
Kennett, 113 U. S. 179, % L. Ed.
908; Ormsby VS.. Ottman, IS Fed.
492; Morrison VS.. Macker, SO Fed.
692-"Likewise a decree for spe-
cific performance, acting upon
land itself, may issue upon such
service" Citing BosweIls Lessee
VS.. Otis, 8 How. 336, 13 L. Ed. 164.
The Washington times., 1934-06-13

Is defined by the statute to be
the final determination Of the
rights of the parties in the ac-
ton, and power to enforce such
judgment by execution against
persons and property. There is
no doubt, therefore, that the
Court had power to act directly
upon property within its juris-
diction, and by its judgment to
divest one party Of the legal
title and vest it in another, If
that be necessary or proper to
a final determination of the ul-
innate rights Of the parties.
Another case to the same ef-
feet Is that of Green VS.. Killey,
38 Cal. reports 20, a suit for
specific performance Of a con-
tract. In that case Justice Sand
erSon said:
'But independent of this con-
SideratiOn, the fact that the
plaintiff may be beyond
the jurisdiction Of the courts
Of this State when the defen-
dant may become entitled to a
deed is wholly immaterial. His
absence will neither prevent his
making q deed voluntarily nor
prevent the courts Of this State
from compelling . deed to be
given by the plaintiff himself
or by the commissioner ap-
pointed to act in his place.
The rule seems to be that spe-
cific performance will be de-
creed whenever the parties, or
the subject matter, or so much
thereof as is sufficient to en-
able the court to enforce its de-
cree is within the jurisdiction
Of the court"
The Washington times., 1934-06-13

Of summons by publication Is
authorized when the subject Of
the suit is real or personal
property In this state, and the
defendant has or claims . lien
or interest, actual or contingent,
therein Sec. Ala provides that
q decree requiring q party to
make q conveyance, transfer,
release, acquittance, or other
like act within q period therein
specified which, IL such party
does not comply Herewith, be
deemed and taken to be the
equivalent theretO.' These Sec
tiOnS bring this case within the
reasoning Of the decisions here
tOfOre cited. A contract to pur-
chase land would be q hazard
Gus proceeding, If the purchaser
were required to search the CIV
iIized world and sue each heir
in the place Of his residence
in case Of the vendors death,
before performance, and we can
not cOncede that the law re-
quireS such an absurd proceed
ure."
The Washington times., 1934-06-13
Pertinent Law Quoted

It is appropriate at this point
that the pertinent sections Of the
Code Of Law Of the District Of
Columbia relative to this point be
set forth.
Title "a, Chapter is, Section
378, provides:
"PublicatiOn against nonresi-
dent, those absent for six
months, unknown heirs or de-
: visees, for divorce or in rem;
actual service beyond District.
Publication may be SubSti-
tuted for personal service Of
process upon any defendant
who cannot be found and who
is shown by affidavit to be a
nonresident, or to have been
absent from the District for at
least six months, or against the
unknown heirs or deviSees of
deceased persons, in suits for
partition, divorce, by attach
ment, foreclosure or mortgages
and deeds Of trust, the estab-
lishment Of title to real estate
by possession, the enforcement
Of mechanics liens, and all
other liens against real or per-
SOnal property within the Dis
trict, and in all actions at law
and in equity which have for
their immediate object the en-
fOrcement or establishment of
any lawful right, claim, or de-
mand to or against any real or
personal property within the
jurisdiction of the court"
Title "a, Chapter II, Section
$50, provides:
"When decree shall have ef.
feet Of cOnveyance-In all cases
where a decree shall be made
for a conveyance, release, or
acquittance, and the party
against whom such decree shall
pass shall neglect or refuse to
comply Herewith, such decree
shall stand, be considered and
taken, in all courts of law and
equity to have the same opera
tiOn and effect as if the convey.
.nce, release, or acquittance
had been executed cOnfOrmabIy
to such decree"
The Washington times., 1934-06-13

SECTION $50 d. g. CODE.
A suit for specific performance
by a Uendee of land Within the
jurisdiction against a UendOr out
of the jurisdiction is sufficiently
a proceeding in rem to validate
a decree founded on ssrUics Of
process by publication. June II,
1884.
In the case of Law VS.. Aron-
stein ct al, In Equity No. 56706,
a bill of complaint was filed by a
resident Of the District Of Colum-
bia to specifically enforce the
terms of a contract, made with a
resident Of the State of Ne7 York,
to convey to the resident Of the
District of Columbia a certain
piece of real estate located in the
District of Columbia.
Service by publication was had
against the defendants and the
said defend ITS ppe~-ed specifi.
cally and moved to vacate the
service by publication and to dis
miss the suit for lack of jurisdic-
ton over the person Of the de-
PENDANTS.
The cause now comes on for
hearing, before Mr.. Justice Bailey,
on the motions of the defendants
to vacate the order of publication
and to dismiss the cause.
The contention of the de.
PENDANTS is that a suit for spe-
cific performance is a suit in
personam and not in rem, and
that in the absence of statutes
changing the rule, the principle
has been applied conversely so as
to prevent a court from acquir-
ing jurisdiction Of a suit for Spe-
cific performance of a contract
to convey land within it's terri
torial jurisdiction upon service of
publication upon a nonresident
who did not appear. Citing
Worthington VS.. Lee, 81 Md. $50;
Pennayer VS.. Neff, IS U. S. TIA;
Silver Camp Min. Co. VS.. Dickert,
81 Mont. 48S, 81 L. R. A. $40.
It is conceded that there is no
section Of the District of Colum-
bia Code which relates specifi-
cally to suits for specific per
formance.
The Washington times., 1934-06-13
Suit Partly in Rem

The case of Busch VS.. Aldrich
ITO South Carolina 491, SO S. E
922, was a suit to enforce specifi
cally contract for the convey
ance Of real estate, located within
I e State, and brought by a resi-
dent against a nonresident. The
court through Mr.. Justice HydricE
said:
''It may be conceded that,
originally, specific performance
was an action in persOnam, as,
indeed, all proceedings in equity
were. One of the maxims of
equity is, 'AequitOs agit in per-
sOnam.' Suits to fOreclOSe mort
cages, to partition lands, to quit
titles, and to remove clouds on
titles, were all, originally, suits
in persOnam. But in the course
Of time-whether the change
was brought about by the grad
uaI extension of their juriSdic-
ton by the courts themselves
or is the result Of statutes it
is IT,. cesSary now to inquire
such actions have almost uni
versaIly come to be regarded as
having a twOfOld aspect; that
is, as being partly in persOnam
and partly in rem.
"The Supreme Court Of the
United States, whose decisions
are controlling, has settled
the principles upon which we
hold that the Court has juriS-
dictiOn in this case to render
judgment determining the
right, title and interest Of the
parties in and to the property
described in the complaint.
These decisions affirm the
power the State to pro-
vide for the adjudication of
the titles to real estate within
its limits as against nOnresi-
dents who are brought into
court only by publication, and
we have already pointed out
how the State has exercised
that power. Arndt: VS.. Griggs,
1S4 U. S. S16, 10 Sup. Ct. 41O,
Al L. Ed. $50; OVERLY VS.. Cor
don, 1T U. S. ia, 20 Sup. Ct.
6O3, A L. Ed. 741."
The Washington times., 1934-06-13

Results Of the mail ballot con.
Quoted by the national association
to select nonrealtor members of
the code authority for the Real
Estate Brokerage Industry, are
momentarily expected 70 be re-
vealed,
The Washington times., 1934-06-13

While many of the realtors are
expected to go fishing, it is be-
leved that few of them will really
fish and those who actually at
tempt to fish are not expected to
catch fish.
Naturally, it is to be expected
that all will return to shore with
many tall fish tales and the COM
petition in the fishing tourna-
ment will be resolved into de-
termination of the fisherman who
tells the most plausible tall story.
Ben T. Webster, chairman OF
the arbitration committee Of the
real estate board, seems most
highly qualified to arbitrate the
fishing tales, so he is to be the
judge in that competition. He will
announce the rules later.
More than 80 committee mem
berS assembled for the meeting
yesterday. It was said to be the
best attended committee meeting
in the annals of the board-and
all the members displayed prac-
tically unbounded enthusiasm.
It all goes to show that bust
ness is not so bad as some realtors
complain. Because if they can
enthuse over plans for an outing
as they did yesterday, their wor-
rieS must certainly be of such
nature that they can be laid on
the shelf temporarily.
The realtors will meet at the
boards offices at 1890 p. m. next
Tuesday-bringing their own ma
chimes if possible.
A police escort will convoy the
motorcade all the way to Annap-
oils Roads Club. where the tun
will be arranged. :.
The District Commissioners, the
tax assessor, and many other
prominent personageS will be
guests of the realtors and will be
given an opportunity to display
their athletic ability in baseball,
swimming, tennis and golf, which
will be provided by the committee.
The press notice which recently
appeared to the effect that own
ers building their own homes Will
be subject to provisions of the code
for the construction industry has
caused quite a rifle among real
estate men and home owners.
It may be that the news writer's
failed to consider the exemptions
which Administrator Hugh john
son has already extended to owner
home builders, or on the other
hand these might have been over
looked by the code authority for
the industry.
Results of the mail ballot con.
Quoted by the national association
to- select nonrealtor members of
the code authority for the Real
Estate Brokerage Industry, are
momentarily expected 70 be re-
Vea1Ad
The Washington times., 1934-06-13

are 10 De on q
strictly compe-
titive basis, it
was decided at
q meeting Of
the g e n e al
committee a t
he ar d
roo m s yester.
day.
For instance,
there is a fish
in 6 committee
which will ar
range for the
realtors to go
fishing if they
The Washington times., 1934-06-13
Court Power Upheld

It further appears in the fore
going case that under the con-
stitution and statutes Of the
State of South Carolina the
Court of Common Pleas had
jurisdiction in all civil cases with
power to render judgment, which
The Washington times., 1934-06-13
REALTORS PLAN
FISH STORY
CONTEST
BY DICK BAKER

All amusements and games at
the midsummer outing of the
washington Real Estate Board
The Washington times., 1934-06-13

SPECIFIC PERFORMANCE
SERVICE BY PUBLICATION
TITLE "a, CHAPTER is,
SECTION 378; CHAPTER II,
SECTION $50 D. C.. CODE.
The Washington times., 1934-06-13

AIOkA 14A4NA y 4 AOO1VE
TWENTY ONE YEAR OLD
former U. S. Olympic swimmer,
suffered contusions of the right
shoulder in an automobile ac-
cident in which her father, Sig
fried Lindstrom, was critically
injured. Photo by international
News Photo Service.
Red Lodge daily news combined with Carbon County news., 1934-03-21
AMERICANISM

The public calls for educated
men in politics and, when they
serve, they r referred to as
damned professors.-Boston Her
aid.