davidaulloa/AmericanStories huggingface dataset:
The Washington times., 1934-07-21
NEAR
FORPOPULAR
LAWYER

Lawyers Of the city will be
pleased and relieved to know that
Francis w. Hill, jr., who under
went an emergency operation for
appendicitis at the Marine Hos
pital at Quantico, is reported to
have passed the crisis and his
recovery Is expected.
An infection developed follow
ing Mr.. Hills operation and his
condition yesterday was critical.
He rallied in the afternoon. how
ever, and is expected soon to be
in condition to be transported to
this city.
Over in Alexandria the Young
Democrats met at George Mason
Hotel the other night and it
looked like a meeting of the Bar
Association.
James r. Duncan, president Of
the group, has held the reins OF
the organization since the New
Deal began passing out aces and
Armistead. Boothe holds the purse
strings, Maurice Rosenberg, until
he took q government post, was
the chief promoter and solicited
most Of the memberships.
The Alexandria lawyers are
great speechmakers and some OF
the finest spell-binders come from
the Old Dominion city. Irving
Diener and Charles Henery Smith
are in demand in the evenings
for oratorical appearances great
deal Of the time and they were
absent from the meeting-prob-
ably for that reason.
John w. Brookfield, former al
ternate Civil and Police Court
Judge, was also absent, but, with
Messrs, Duncan and Boothe, was
named as a delegate to the state
convention at Lynchburg later in
the month.
One Of the things that make
lawyers see red is the signs some.
times displayed in the windows OF
stationery stores to the effect that
they have various legal forms on
sale within. Make Your Own
WILL" they suggest.
Eddie O'Connell, however, de
spite his dislike for the principle
of the thing, sees humor in one
such sign displayed in a shop near
Judiciary Square.
legal Blanks" the sign reads
"Why go there to find legal
blanks when Judiciary Square Is
full of them?" is Eddie'S query.
About the only person in Police
Court yesterday who seemed to
maintain the same temper, de-
spite the depressing heat, was Mr.
Dooley, the bailiff who PHYS be
tween the courtroom and the
clerks office.
The Washington times., 1934-07-21
WOODS|DE HOME
ATTRACTIVE

A new electric health home re-
Gently completed by Thos. E.
Clark, Inc. in Woodside, Md, is
attracting many visitors and has
created considerable interest in
this type of home. It is located
on Alton Parkway near NoyeS
Drive. The home contains eight
spacious rooms, four bed rooms,
two baths on second floor-glaSs
shower enclosures-maid's room
and bath in basement. There is
a den or library on the first floor
and a recreation room. The home
is situated on a spacious lot with
attractive landscaping. It is
priced under $4,000. To reach
this property. drive out Georgia
Avenue through Silver Spring to
traffic light, turn right on Coles
vile Pike three blocks to Noyes
Drive then left on Noyes Drive
to Alton Parkway. Bethel Com
pany, in the Tower Building, are
the selling agents.
The Washington times., 1934-07-21
/ LEGAL NEWS---COURT RULINGS
Agreement on Bidding at Judicial Sale
Legal If Competition Is Not Stifled

at the same" The decision Of the
court in this Is quoted at length
under Note 81, Subtitle A, dis
cusSion Of the Rule" at 13 c. j.
page 451.
There is no contention in this
case that defendant did anything
to stifle bidding or that he did
anything to prejudice the rights
Of his creditors. The declaration
states specifically that the prop.
erty was advertised for sale and
was sold at public auction to the
plaintiff, and so far as the declar.
alton states there was no bidder
other than the plaintiff.
Defendant did nothing to bid
UP the price Of the property when
by bidding it up or by procuring
someone to do so for him, would
Of necessity have increased the
amount which the plaintiff would
have had to pay for it. To that
extent certainly plaintiff profited
by said agreement. Defendant in
good faith relied upon the agree
ment of the plaintiff, did nothing
to stimulate bidding, nor did he in
any way either directly Or indi-
rectly, prevent anyone from bid
ding any price that they pleased
for the property; in fact, the plea
alleges and it is admitted for the
purpose of this motion, that de-
fendant in reliance upon the afore-
said agreement left the city and
was not even present at the sale
in person or by representative.
How then in the light of the
foregoing can it be said that the
contract was void as against pub
lie policy, because it was an
agreement to interfere with,
stifle or prevent competitive bid
ding? Not being void as against
public policy it follows that the
consideration set out in said con.
tract is good and the contract
must be sustained, on motion for
judgment under the 73d rule.
The Washington times., 1934-07-21
AN T|QUE SHOP
OPENS

The lease for a number Of years
Of the store and four-story build
ing at 1877 Connecticut Ave. N. w.
to the Biggs Antique Company.
Inc, of Richmond, Va, was an.
nounced this week by Carl g.
Rosinski, realtor. The conSidera'
ton was not disclosed.
The Biggs Company has been
represented in Washington for a
number of years, but only within
the last year have they main
tanned branch showroom here.
At present they are located at 1905
Connecticut Ave. They plan to
move to their larger quarters
about September /, where they
will have ample space to present
in typical room scenes, more than
500 colonial furniture reproduc"
tions, which are still hand made
in the Richmond work shops. At
present, they plan to use the first
two floors for display purposes,
and the upper two for store rooms.
At present, Washington is the
only branch of the BiggS antique
concern, but with the acquisition
of this new store, it is understood
that they expect to expand into
other cities, as soon as conditions
permit. Miss Rosale E. De Voto
is manager Of the Washington
store.
The Washington times., 1934-07-21

judicial, execution, foreclosure,
or other public sale, or to pre-
vent competition is any way
1T such . sale are illegal. This
rule, however, does not apply
where the object Of the agree
ment Is not to prevent cou'peti-
tiOn, but to enable several per-
sons to purchase together,
afterward holding the property
as a whole, or to divide 1t be-
tween them. Further, where
the intention Of the parties is
fair and honest, and the pri-
mary purpose is not to sup
press competition but to protect
their own rights, and there is
no fraudulent purpose to de-
fraud others interested in the
result, the sale or agreement
may be upheld"
The decision in the case OF
Wicker VS.. Hoppock, 6 wallace
"a, states the rule as follows:
'It is said that the agree
ment between the parties was
invai. because calculated to
interfere with and prevent the
fairness and freedom Of q judi
cial sale and prevent cOmpeti-
ton and, therefore, against
public policy
"The contract was, that the
defendant in error should pro-
cure judgments against Chaplin
q Co., for the rent in arrear,
levy upon the machinery and
fixtures in the distiIIery, and ex-
pose them for sale, and that the
plaintiff in error should bid for
them tn eamOunt Of the judg.
mentS.
"The validity of such an ar
rangement depends upon the in
tenti0n by which the parties are
animated, and the object sought
to be accomplished. If the OBJ
ject be fair-if there is no indi-
recti0n-no purpose to prevent
the competition Of bidders, and
such is not the necessary effect
Of the arrangement in a way
contrary to public policy, the
agreement is unObjectiOnable
and will be sustained.
"1n one of the cases to which
our attention has been called,
there was an agreement between
two persons that one of them
only should bid, and that after
buying the property he should
sell a part Of it to the other
upon such terms as the witnesses
to the agreement should decide
to be just and reasonable. Phip-
pen v. Stickney, s Met, 1884,"
The Washington times., 1934-07-21
Nina Carter .Tabb
Nina Tabb Has Glorious Time in Paris, Meets
''Prince Peaches and Visits
Another Horse Show

AS We came through France
on our way to Paris I was
thrilled at the beautiful coun-
try. / couldn't decide which
was lovelier, England's roses
which we had just left, or
Frances poppy fields. France
has no fences or hedges and
the absence of them gives such
a soft look to the whole coun-
try.
Who isn't excited about going
to Paris for the first time?
Well finally we arrived, got to
the Ritz Hotel, threw the bags
in our rooms and were then
out to see the town. The taxi
driver could only understand
enough Of our best French to
drive us around to what he
thought we should see. This
heavenly place, with everyone
dining out in the streets all
50 gay and happy.
We dined fright out amongst
them" and were feeling a little
strange as it was too late to
call anyone up we knew, when
who should walk by but a man
from Philadelphia that we
knew, Charlie Mum! He had
his three daughters and some
men with him and insisted that
we join them and see the sights,
which We were delighted to do.
What fun we had and what
sights we did see! I can't re-
member any Of the mems
names, but there was an italian
prince among them whose name
I never heard, as he was in
troduced as Prince Peaches"
by his American friends. ANY,
way they gave us a grand time
and we fell into bed about three
o'clock ready for sleep.
The next morning I was up
early and went sightseeing with
a friend. as I didn't want to
waste much time in Paris Sleep
ing. Notre Dame, Cluny mu-
scum and many other wonders
I explored. Driving up to Place
de Ia Concorde, UP the Champs
ElyseeS to see the Arc de Tri-
omphe, where the grave Of the
Unknown Soldier has always
fresh flowers, on through the
Bois-to what, but another
horse show.
Mrs. Whitney was told that a
show for the best heavy draft
horses in France was being held
and she wanted to see some
Percherons so out we went, and
there were wonderful class after
class of these big horses of every
family and color. Large stables
with row after row of them
stabbed and done up beautifully.
\ X X
Mr.. Joseph Widener and the
Pete Wideners were staying at
The Washington times., 1934-07-21

our hotel. We went to see the
races at Longchamps with
them. For the first time they
are having races at night, the
track lit by search lights. I
will tell you Of it later.
Mrs. Adelaide MaSSie from
Middleburg, who is living in
Paris, spent a day with me
and we drove all afternoon,
went through the old part Of
Paris, through narrow streets
and past old houses all so
fascinating. Dedie and I talked
our heads off as she wanted to
hear everything about every
body in America.
We dined with some Of our
horse show friends from Lon.
don who are here at the Am
bassador one night and saw a
wonderful show. Two Amerj-
can dancers, Jack Holland and
June Hart, were among them.
They danced beautifully and
got much applause. I was glad
to see them, as one night in
London we were taken as a
treat to see an all-American
show which couldn't have been
worse-a show which would
never take in America and
how LondonerS did applaud.
Milton Doc) Holden, who
was married to Fiji Widener at
one time, was staying at the
Ritz also and took us out one
night. Once as I walked through
the Ritz Hotel I saw Elsa Max
well Of New York with many
attractive people, having lunch.
Paris, so bright and gay where
everyone seems so happy. I
wish we could have stayed
longer, but we had to get on
to Lucerne in time for g.
wonderful horse show that we
had stayed over to see, al.
though we should have gone
home that week.
X X X
Mrs. Jock Whitney has bought
four stunning Percheron mares
and filly. One Of these mares,
a beautiful iron gray, won many
ribbons at the Paris heavy draft
horse show. LongchampS races
were beyond description but I
will try and tell you Of it an
other day.
Mr.. Joseph Widener who
knows horses and their breed
ing and has about twenty horses
in training in Europe, is so very
interesting to- talk to on this
subject. He says that England
has the best-bred race horses
in the world. France holds the
record for long-distance racing
and America the record for the
fastest horses. The Wideners
will get back to America for the
opening day of Saratoga races.
The Washington times., 1934-07-21
MANY FEATURES
EXHIBITED

A house containing many en-
joyable features has been COM
pleted for inspection at 4617
Chesapeake ST., N. W., by the
Floyd E. Davis Company.
It has six rooms and bath, with
all-brick construction and slate
roof.
A feature of this home, one Of
two in the operation, is the large
lot, with front and rear beautiful
ly Handicapped. There is space in
the rear for a sunken garden or
a rock garden, or for a croquet
court.
A large brick fireplace occupies
a central position in the living
room, which is entered through
large double doorway. French
doors open onto the living room
porch.
The kitchen is large enough
for the use of a complete break
fast set. There are built-in cabi-
nets above, below and on either
side of a double-drainboard sink.
Laundry and lavatory are in the
basement.
On the second floor are three
bedrooms with a large black and
white tile bath with built-in
shower and linen closet. Ample
closet space is provided in each
bedroom.
The attic is completely finished.
and may be utilized as a child'S
playroom or gameroom
The Washington times., 1934-07-21

economy budget on which many
families now are operating.
No convenience has been Sacri-
ficed. The home boasts an elec-
trio health kitchen with electric
range, refrigerator. and convent.
ence outlets.
A buckwheat burner is installed
in the furnace, enabling the
owner to make use Of the cheap
but highly economical buckwheat
coal.
Three of the six houses already
have been sold and the one at
4707 Rosedale Avenue, priced al
less than $1,000, is the exhibit
home. Aside from its fireproo1
brick construction and slate roof
the home has been elaborately
furnished by Hutchinson, Inc.
with rugs and draperies by John
F. Lyon.
A Beit2ell home in Woodside
Park, Md, also features an elec
trio health kitchen and an unusual
exterior treatment.
Four large bedrooms and two
baths on the second floor with
maids room and bath in the base
ment are not all the enticine
things about the house. The
shower baths are not Of the built
in kind. Instead they are in separ
ate glass enclosures.
A recreation room and bar with
fixtures - less equipment - goel
along with the moderately priced
The Washington times., 1934-07-21
PRUNING Of NRA
DEFERRED

Wholesale dismissal Of minor
employees of the National Recovery
Administration, long rumored to
take place this month, have not
yet occurred and are not in pros
pect in the immediate future.
This reassuring word came today
from NRA officials, who denied
all reports that great numbers Of
workers will be discharged, includ-
ing the rumor that 900 low-salaried
clerks will be let out by August l..
It is probable, however, that the
staff will be cut down to some
extent during the transition of the
organization from a" code-making
to a code-administering agency.
The Washington times., 1934-07-21
CAMP L|CHTMAN
OPENS MONDAY

Approximately 100 boys will get
their equipment together tomor-
row and leave on the following
day for Camp Lichtman, main
tanned by the Twelfth Street
Branch Y. M. C. A. in the George
Washington National Forest near
Luray Caverns, Virginia. This
will be its second season.
The first contingent will 60 for
two weeks and another group will
follow.
Lee johnson, boys secretary at
the "Y," is camp director, and
Robert McGraw, head counsellor
DR.. Simeon L. Carson is chairman
of the camp committee which
comprises Col. Harry Atwood, Dr..
C. Y. Harris, w. F. Henson, John
Pinkett, Emory Smith, John T
Rhines, DR.. Herbert Marshall, DR.,
Howard Payne, Garnet C. W.
Wilkinson, Lucius Young.
The Washington times., 1934-07-21
Bid Agreement Legal

In the case Of Baine VS.. Drew,
4 DEMO 287, the Court held that:
"One whose property is about
to be sold by virtue of q chatteI
mortgage may lawfully agree
with another that the latter
shall bid a certain amount for
the property and if he becomes
the purchaser, shall give the
mOrtgagOr an undivided interest
therein for the benefit Of the
members Of his family, on his
paying an equal share of the
purchase money"
A case practically on all fours
with the instant one is that of
DeBan VS.. Brand, 81 N. j. L. 624.
The court in that case held, lone
who has an existing interest in
property to be sold at a public sale
may for the protection of such
interest lawfully agree not to bid
The Washington times., 1934-07-21
Judgment Denied

After hearing the above motor
for, judgment Justice Jesse c
Adkins filed the following memo
randum:
81 think the motion for
judgment under the 73d Rule
must be denied.
81. The alleged agreement not
to bid at the auction sale of the
property was confined to the
parties to this suit. One of
them was the owner of the prop
erty, and the other was the
holder Of the notes secured on
the property to be sold. / am
not able to see that the agree
ment Of the owner Of the prop
erty not to attempt to procure
bidders at the sale affected any
one other than the parties to
this suit. This being 50, in my
opinion the alleged agreement
is not illegal.
"2. Upon what has been sub
mitted to me with respect to
the permit to operate a gasO.
line station on the pr0pery l am
not able to see that the sur.
render of defendants interest
In this permit, which he said
he agreed to surrender to the
holder Of the notes, was not Of
some value"
The plaintiff was represented
by Arthur Lambert and George L
Hart, jr., and the defendant b.
George A. Berry and Joseph P
Malloy.
The Washington times., 1934-07-21
Judgment Asked

To this plea plaintiff filed a
motion for Judgment under the
seventy-third rule, which came on
for hearing before MIR. Justice
Adkins.
It. is well settled law in this
jurisdiction that an affidavit OF
defense is to be literally con-
strued and summary judgment
denied if defendant has a sub
stantial defense. The plaintiff in
moving for Judgment admits every
material averment in the affidavit
of defense. Wyatt VS.. Madden So
App. D. c. 3S, and cases there
cited.
Counsel for the plaintiff con-
tend that a permit to build a
gasoline station issued by the
proper District authorities is a
vested interest in real estate and
has been so treated by several
of the courts Of this District in
condemnation proceedings, and
that damages have been award
ed to the owners of property to
whom such a. permit has been
issued on the aforesaid theory ir-
respective of whether said sta
ton was built or not.
If it is such an interest in
property that the Government is
bound to pay for in damages
upon the taking Of the same,
the transfer Of such an interest
by defendant to the plaintiff
constitutes in itself Ia valuable
consideration, because by said
transfer plaintiff got a thing of
value, in addition to the value
of the property itself, which de-
fendant claims was worth from
$4,000 to $4,000 over and above
plaintiffs claim.
The plea and affidavit set out,
as part of the consideration,
the transfer by defendant Of
whatever interest he had in the
permit to the plaintiff. The
plaintiff treated it as a valuable
consideration and so did defend
ant. Both parties acted upor
it and defendant, in good faith,
transferred the same to the
plaintiff.
The plaintiff got whatever in
terest defendant had in the per-
NIT: built a filling station and
has received, and is now receiv-
ing, the benefits thereof, and both
parties having acted in good faith
and treated the same as a valid
consideration and having received
benefits hereunder, it does not
lie within the mouth Of the plain
tiff to say at this late date, that
the transfer of said permit is not
a valid consideration, when de-
fendant is unable to protect his
interest in the property by vir.
tue of having lived up to his
agreement with the plaintiff.
The plaintiff lays special stress
upon the case of Slingluff v
Eckell "a Pa. 472. What that
case decides is IAN agreement BY
a bidder at a sheriff's sale o.
real estate to pay the judgment
Of another, If the latter would ROT
bid, the former being permitted
to purchase the property at the
sale, was fraudulent as to the
debtor, or his creditors and coulc
not be enforced by suit"
The Washington times., 1934-07-21
Army Orders

Leave Is granted MAJOR 0Can'
ey L. Scott, Corps of Engineers,
"a days, September 18, 1884.
Capt. Robert A. Laird. Corps
of Engineers, one month and 26
days, July %, 1894.
Major Leslie D. Baskin, Dental
Corps, two months and Is days,
August /, 1884.
Major Mark E. Guerin, Judge
Advocate Generals Department
extension one month and II days
with permission to visit foreign
countries.
Col. Frederick M. Hartsock,
Medical Corps, to Fort Monroe
Virginia.
Corps, to Washington, D. c.
Lieut.. Col. Walter D. Cline,
Judge Advocate Generals depart
ment, to Fort Hayes, Ohio.
Capt. Thomas w. Barnard
Quartermaster Corps, will report
to Army retiring board at Wash
ington for examination.
Major Roland R. Long, Infan
try to Omaha, Nebraska, and re
port to Army retiring board for
examination.
Second Lieut.. John A. Meeks
Field Artillery, to Watertown Ar
senal, Watertown, Massachusetts,
Capt. Byron T. 1pock, Coast
Artillery Corps, to Fort Totten,
N. Y.
BY direction of the President,
Second Lieut.. Travis A. Beck,
Infantry, to Hot Springs National
Park, Ark, and report to Army
retiring board for examination
Second Lieut.. Frank L. Book,
Infantry, to Fort Benning, Ga
Capt. Charles F. Fletter, Quar-
termaster Corps, to Fort Worden
Wash.
Capt. Ernest w. Ely, Infantry
to Army retiring board at San
Francisco, for examination.
First Lieut.. James E. Briggs
Air Corps, to Chanute Field, Ran
toul, Ill.
First Lieut.. Elmer c. Ringer
Field Artillery, retired.
Capt. John C. Adams, Field
Artillery, made major.
Major Philip s. Gage, Coast
Artillery Corps, made lieutenant
colonel.
Second Lieut.. Henry L. Flood
Infantry, made first lieutenant
The Washington times., 1934-07-21

Of six placed on
the market by
j. Wesley Blu
c h a n a n out
Bethesda way.
A striking ex'
ample Of home
on S t ruction,
the house is
called an econ
omy home be-
cause the strict
economy in its
C o n S t r uction
has enabled the
builder, Paul T.
Stone, to price
IL. within the
The Washington times., 1934-07-21

AFFIDAVTTS OF DEFENSE
JUDICIAL SALES-ARRANGE-
MENTS TO BID. LAW RULE
70.
I. An affidavit of defense Is
to Be literally construed and
summary judgment denied If de-
fsndGnt has a substantial de-
Tense.
2. The Ualidity Of an arrange
nent to bid at a judicial sole
depends upon the intention by
which the parties are animated.
and the object sought to be Gc-
compIished. IF the object Be
fair, If there is no indirsctiOn,
no purpose to pTeUent the com
petition Of bidders, and such is
not the necesSGry effect Of the
arrangement in a sOoy contrary to
public policy, the agreement is
unObjsctiOn0ble and wiN be sus-
tanned.
3. Where the intention of the
parties is fair and honest, and
the primary purpose is not to
suppress competition, but to pro-
tect their Own rights, and there
is no fraudulent purpose to de-
fraud Others interested in the re-
suit, the sale or agreement may
be upheld.
In the case Of the Equitable
Company Of Washington VS.. Nc
Reynolds, At Law No. 80959, a
suit was filed on deed Of trust
note.
The defendant filed a plea and
affidavit Of defense in which he
admits the sale Of the property in
question, that he held a valuable
permit to operate a gas station on
the property, that said permit
was desired by the plaintiff, that
plaintiff prior to the foreclosure
sale made q proposition to de-
fendant to the effect that if he
(defendant) would turn said per
NIT over to it, do nothing to stimu-
late the bidding at the sale of
said property, or take any action
to prevent plaintiff from acquir.
ing the same, plaintiff would take
said permit for satisfaction of de
fendant's liability. That the plain.
tiff did accept said permit, and
the forbearance Of defendant at
said sale, in full satisfaction and
in payment Of any and all liability
of defendant.