davidaulloa/AmericanStories huggingface dataset:
Evening star., 1934-12-14

WASHING MACHINES Easy,
SIS. McKain Service. Alb H st. ne.
Phone Lincoln $3.50. Open evenings.
Evening star., 1934-12-14

RADIO, 9-tube. a. c.. Majestic. late model:
cost S 50: pretty curly walnut lowboy IKE
new: S25 Also pretty screen grid. cost
S29 5O any current table model. Sl0
Phone Potomac o556
Evening star., 1934-12-14

1925 ST NV second floor, house
keeping rooms. h.-w.h.. gas stove, sink,
semi-private bath
Evening star., 1934-12-14

MASS. AVE. AND END NV. 2163 Florida
ave.-PleaSant 2nd-foor. large front room.
private family. Phone Potomac 4619. S25.
933 K N.W.-Large. warm front room;
plenty of hot water; suitable for or 3.
Evening star., 1934-12-14

TAKOMA PARK-Room and garage. l OF
. gentlemen. in private home: breakfast
if desired. Phone Shepherd 341S-J.
Evening star., 1934-12-14

RADIO-RCA Victor 9-tube. moor sample.
in splendid condition: reduced to S39 90:
easy terms Kits, 1880 G st.
Evening star., 1934-12-14

l745 N ST. NW.-'The Gralyn" De-
sirable single rooms at exclusive residen-
tlal club.
Evening star., 1934-12-14

DIAMOND WRIST WATCH. 30 stones;
original price S315; sacrifice, 500: excel
lent timepiece Owner. Natl. 6264, Br. 81.
Evening star., 1934-12-14

OFFICE FURNITURE-A large assortment
Of used pieces at low prices. Il. Baum g.
Son GIG E ST NV
Evening star., 1934-12-14

RADIO-Used 7-tube Philco lowboy. with
inclined sound board. shadow tuning. Re
duced to S49.5O: easy terms. kits. 1880
Evening star., 1934-12-14

RADIO-RCA Victor 9-tube lowboy. in
at this price: easy terms. Kits. 1880 G ST.
Evening star., 1934-12-14

DOWNTOWN. 1904 G st. NV. top floor,
Apt 3-Comfortably furnished room for
gentleman. Phone Metropolitan 3611.
HOO 18th ST. NV. (cor. L. opp. park
Unusually fine rooms. quiet, clean, maid
| service; no Ink: 3 baths. oil heat. 16'
| 1905 RANDOLPH ST. N.W-Two single
| rooms. private home. near bath. Phone
| COlnmhia 21Qo IT,
Evening star., 1934-12-14

1850 22nd ST NV. at Mass. ave.-At-
tractively furnished single and double
rooms all conveniences: reasonable rent
Evening star., 1934-12-14

1920 UPSHUR ST. N.W.-Bed room, with
sitting room adjoining, in private home,
SIS per month. Lady preferred. Ia
Evening star., 1934-12-14

APARTMENT GRAND Just like new: IN
beautiful condition. mahogany case. lovely
tone. Sell for balance on account, S3s1
Remember this is high-grade tne piano
Terms as low as So weekly Will ouy'
Arthur Jordan Piano Co. 18th and g..
BABY CRIBS Co large. one 81. one 81;
Majestic S-tube radio. $50 Emerson ST.
u ". Apt l0l.
The Washington times., 1934-06-06
LEGAL NEWS---COURT RULINGS
D. C.. Supreme Court
Recent Decision

taken for public use the owner
of every other lot is entitled to
compensation for his interest in
the lot taken.
In opposition, counsel for
the District also cites numerous
decisions, including U. S. v. Ger
tain Lands in the Town Of
jamestown, r. l., liz Fed. 622;
affirmed by Wharton v. u. S.,
1873 Fed. 876 &c. C. A.. list Cir
cuit); and DOan v. Cleveland
Short Line Ry. Co., 80 Ohio st.
461. These and other authori-
ties support the view that
rights such as the answering
owners claim in Lot 813 are not
real easements, as rights of way
and easements for light and air,
and, while binding and enforce
able among private owners, Gre
ate no rights as against the
power of eminent domain; that
acts done in the proper exer-
else of governmental power and
not directly encrOaching upon
private property, thought their
consequences may impair its
use, are not a taking within the
meaning of the Constitution;
that there can be no property
right whatever, Springing from
private grant that the lands of
another shall net be used for
necessary governmental pur-
poses" (112 Fed. 628)I and that,
as every owner holds his prop
erty subject to its being taken
for public use, he may not, "di-
rectly or indirectly, impose
upon the State or the United
States the burden Of cOmpen-
Sating him for damage result
ing from that public use which
does not directly invade his
land" (112 Fed. 62S); and that
restrictive covenants, such as
here involved, can not be con-
Strued to prevent the use of
land for public purposes, and as
against the State "are illegal
ard void, confer no property
right and cannot be the basis of
a claim for damages. (92 Ohio
st. 400
The Washington times., 1934-06-06
Difficulty Cited

1.-THE difficulty with this Sug.
gestion is that if the covenant
be accepted as establishing an
actual easement appurtenant to
the lots not being taken, the
owners of such lots would be
entitled to nominal damages at
least, and the difficulty in de-
termining the damages should
not, as against the taker OF the
easement, preclude the granting
of any relief at all.
"a different question would
be presented If it were certain
that Lot S13 is not to be Oc-
cupied by the school building.
A school site properly includes,
besides the building, other lands
such as Fairgrounds. District
of Columbia v. Shannon &
Luchs, 81 App. d c. 6O. If
only the unrestricted area were
being taken, certainly the
owners Of lots in the restricted
subdivision could not complain.
And If Lot S1S were being taken
for a playground only, and not
to be occupied by q building,
it would violate even the letter
of either Of the covenants. No
building would be erected on
Lot 613 IN violation Of the first
The Washington times., 1934-06-06
Justice Cox's Opinion

Justice Joseph w. Cox in his
memorandum said:
"The questions Of law arising
on the motions have been argued
orally and in carefully prepared
briefs of counsel.
81. In support Of the theory
Of the owners, numerous authOri-
ties are cited, including Peters v.
Buckner, (M0.) 232 S. w. 1924;
tombstone v. Detroit, G. H. &
M. r. Co., 245 Mich. IS, 222
N. w. 1926; and Flynn v. New
York, w. & B. r.. Co., 218 N. Y.
14O. Each of these cases deals
with restrictions in furtherance
of a general plan to establish an
exclusive residential section and
holds in effect that such restric-
tiOns constitute property rights
in each lot for the benefit Of
and appurtenant to every other
lot covered by the same reStric-
tiOn&s and that where any lot Il
The Washington times., 1934-06-06
LIFE PORTRAITS
PLANNEOFOR
JUSTICES

Frederick S. Tyler is head Of a
committee of the local bar aSso-
citation which is to make provi.
sions to have painted life por-
traits of the justices of the District
Supreme Court.
The committee was appointed
by President F. Regis Noel after
number of members insisted
that portraits of the justices be
painted while they are still on
the bench. On the retirement OF
justice, his portrait will then
be Immediately available-accu-
rate in detail-to adorn the walls
of the courthouse.
Arthur G. Bishop is vice chair
man of the committee, Thomas
G.. Walsh, secretary. Members
include: Ivan Heideman, Brlce
Clagett, William Demming. H. H.
Gordon, Spencer Gordon,> George
H Havell and Henry Leonard.
The time is drawing near when
Mr.. Noel must make that speech
at the American Bar meeting in
Montreal, Canada, and so busy
with local bar affairs has he been
that nary a line OF the speech
has been written.
So, yesterday-it was too hot
to practice law anyway-Presldent
Noel, with pencil and paper IN
hand betook himself down to the
far reaches of the Chesapeake 70
prepare the speech.
Seriously, the speech Will De q
good one because Mr.. Noel Will
discuss the comparative advan-
tages of Europe and American
court procedure. $500,
Most speakers on this subject
not as we'll informed as Mr..
Noel-depict our jurisprudence as
a snail dragging the ANTICIPATED
balance scales behind him, while
the English and French courts
are Nkened to the inspiring blind
folded goddess.
Mr.. Noel, however, points out
at every opportunity that Amer.
lean justice is swift and sure and
our courts-rather those that have
been revised according to the
Cleveland system - are very
smoothly running organizations.
The air mail suits are water
under the bridge now-aS Tar as
legal threats against the Suprem-
acy of the New Deal are concern
ed.
But they have added just one
more feather to John w. F1lhel-
lys war bonnet. Defending the
Government in unusual lawsuits
is just like taking drink Of
water to Jack, and some day law
yers will find that they are just
wasting their time when they at
tempt to beat him on constitu
tional questions when the Gov
eminent is involved as a defend
ant.
If any person is possessed Of
a graduating cap and gown and
would like to make a little de-
preston money renting the old
outfit, this column can find
ready market for him.
This is the week when many Of
the young students will receive
their sheepskins from the various
law schools of the city. Notwith-
standing that the commencement
exercises are being staggered"
there still seems to be a shortage
Of graduating costumes in the
rifv
The Washington times., 1934-06-06
Exclusive Subdivision

This lot (813) is part of an
exclusive residential subdivision
made by the Chevy Chase Land
Company, which has sold and
conveyed lots therein by deeds
containing covenants Ito run
with the land), that "all build
ingS erected upon the
land shall be built and used for
residence purposes exclusively,
and that the land or any
buildings thereon shall not be
used or permitted to be used for
any trade, business, manufactur-
ing or mercantile purposes"
The subdivision includes Square
1855, lying Immediately north Of
Square 1855, and also includes
Squares 1851 and 1878, lying to
the east, except three lots in
Square 1851 on the east side of
Both Street facing the area under
condemnation. No part of Square
1855, except Lot 813, is included
in the subdivision; so that Lot
813 is the only part of the area
being condemned which is in any
wise subject to the covenants set
out in the deeds from the Land
Company.
The Land Company and certain
other purchasers from it, as
owners of lots in the subdivision,
answering the petition for con-
domination, claim an interest in
Lot 813 by virtue of said covenants
and seek compensation therefor.
which they assert to be the de-
probation in value Of their prop
erty that will result from the
taking of said area and the
erection thereon of school
building. The Land Company
claims the lots still owned by it
in Square 1855. 1851 and 1878
are damaged to the extent of IS
cents per square foot, and the
other answering owners claim
damages to their property in sums
ranging from $4,000 to $4,000.
The Washington times., 1934-06-06

covenant, and the lot would
not be put to any Of the uses
forbidden by the second
covenant. AS counsel for the
District suggests, it does not
now appear the building will
be located on Lot S13. But this
is not enough. 1t is thought
the petition should be construed
most strongly against the Dis
trict; and, in the absence Of q
clear showing that the build
ing is not to occupy Lot S1S, the
proposed taking should be
treated as contemplating the
erection Of the school building
at least in part Of that lot.
''FOr the reasons stated above
(under e. the motions to strike
the answers to the petition for
condemnation are sustained"
The answers were stricken and
on appeal the decree of Justice
Cox was sustained.
The District was represented
by William Bride and Walter L.
Fowler. while the respondents
herein appeared by James C.
Wilkes and Henry A. SchWeinhalt
The Washington times., 1934-06-06
RECENT SERVICE ORDERS

Lieut.. Michael H. Kernodle to
VT Squadron 1B %. 8. s. Sara
toga).
Lieut.. (junior grade) Victor D.
Long to command U. s. s.
Brant.
Ensign william I. Bull to COM
munication duty with comman-
der of Scouting Force.
Ensign John L. Counihan, jr.,
to communication duty with COM
mander Scouting Force.
Ensign Robert B. Fulton, I'd,
to communication duty with com.
mander Of Scouting Force.
Lieut.. Gunior grade) William c.
Allen, C. c.. to Navy Yard, Puget
Sound, Wash.
Lieut.. Cjunior grade) Victor B.
Cole, C. c., to Navy Yard, Phila-
delphia, Pa.
Lieut.. (junior grade) John H.
Ellison, C. c.. to Navy Yard, Phila-
delphia, Pa.
Lieut.. (junior grade) James M.
Farrin, jr.. c. c., to Navy Yard,
Mare Island.
Lieut.. Gunior grade) Herbert j.
Hiemenz, C. c., to Navy Yard, New
York, N. Y.
Lieut.. (junior grade) William T.
Jones. C. c.. to Navy Yard, Ports
mouth, N. H.
Lieut.. (junior grade) John II.
Keatley, c. c., to Navy Yard,
Mare Island.
Lieut.. (junior grade) Thomas z.
Kent, jr., C. c., to Norfolk Navy
Yard, Portsmouth, Va.
Lieut.. (junior grade) William
H. Leahy, C. c., to office of Super
intending Constructor, Newport
News Shipbuilding and Dry Dock
Company, Newport News, Va.
Lieut.. (junior grade) Mario G.
Vangeli, c. c., to Navy Yard, Bos-
ton, Mass.
Lieut.. dunior grade) Robert c.
zitzewitz, C. c., to Navy Yard,
New York. N. Y.
The Washington times., 1934-06-06

COVENANTS AS AGAINST THE
GOVERNMENT.
Each landowner holds his
estate subject to the public neces-
sity for the exercise of the right
of eminent domain. He cannot
eO0de this by any agreement
Nth his neishbOr, nor can his
neiRhbor acquire a right from a
private individual which imposes
new burden upon the public
in the exercise of the right of
eminent domain.
In the case In Re. Condemna-
ton of lots 829 and 831, square
1855, District Court No. 2109, the
District of Columbia seeks to con-
denim for a school site part Of
Square 1756, containing So, 10
square feet, fronting on Fessen-
den and Thirty-ninth SITS. N. w.
This area includes land described
as Lot 813 (noW part of lot
known as 83D, which lies along
the nsrth line Of Fessenden
Street, and constitutes the south
erly strip and a comparatively
small part of the area being
taken.
The Washington times., 1934-06-06
CORD SEEKS 8
AIR CONTRACTS

Administration leaders moved
yesterday for congressional action
to permit E. L. Cords American
Airlines to receive contracts on
the eight new airmail routes on
which he was low bidder.
The action came as the Senate
approved the conference report on
the Administrators airmail bill,
and sent it to the President for
his signature.
The bill forbids any one COM
pany from holding more than
three contracts, to avoid monopo-
After a conference with Chair
man Mead, of the House Post
Office Committee, and Chairman
Mcclellan, of the Senate commit
tee, Postmaster General Farley
said he did not ask that the three
contract limitation be removed
from the bill before the measure
was finally passed because it
would "only add to the general
confusion" Of the situation.
Mcclellan said he will ask the
Post Office Committee to act to-
day. The action would be in the
form of a joint resolution "clari-
flying" the three-contract limita.
ton.
The Washington times., 1934-06-06
CRIPPLE GIVEN
HONOR MEDAL

ANNAPOLIS, June 6. - st.
Johns College today honored a
21-year-old youth who has had no
control over his arms or legs since
infancy, and who has been carried
from class to class during his four
year stay here.
The young man, William Thet-
ford LevinesS, of Salisbury, Nd,
was signally honored during the
graduation exercises at the college
today.
Mr.. Leviness was carried to the
platform and presented a medal
designed for him by the faculty.
On one side was the college shield
and on the other, his name and
the single word Courage"
The Washington times., 1934-06-06
Supper at Center
To End Weeks Fete
By JAMES L. KILGALLEN
International News Service Staff
Correspondent

The Jewish Community Center,
celebrating its tenth year, will
wind up it's anniversary week
with a supper at the center at
6 o'clock tonight.
Representatives of all center
activities, including Jewish insti-
tutes, public forums, music study
club, choral society, dramatic So
ciety, and other departments will
be present. According to Maurice
Bisgyer, executive director, more
than 5000 visitors have attended
the activities during the past
week,
The Washington times., 1934-06-06

conclusion that the motions to
strike should be sustained.
SO. A word may De added as
to the additional ground urged
by the District for sustaining
the motions, viz, that the dam
ages claimed are too uncertain
and speculative to be cOnsid-
cred.
CAS- above noted, all Of Square
1855 is free fro" the covenant
except Lot S13. The restrictive
plan, it is urged, can not be ef.
fective in Square 1856, and, as
in Rhodes v. EImOre Realty Co.,
153 Att. SO IN. J. 1881, should
be treated as having failed or
broken down, at least as to that
square; and that in any event 1t
would be impossible to deter
mine the damage to result. from
the use Of Lot 813 as q small
part Of the school site in con.
nection with the larger part
which is free from the reStrtc-
tive covenants.
The Washington times., 1934-06-06
D. G. Moves to Strike Out

The District moved to strike
out these answers on the ground
that the facts therein stated
show no interest Of the answering
parties in Lot 813 for which the
District is required to make COM
pensation.
The theory of the owners is
that by reason of the covenants
in the deeds all owners of lots in
the subdivision have a right of
property in Lot 813 for which
they must be compensated; that
the right is an easement appur-
tenant to each of their lots as a
dominant tenement in Lot 813 as
the servient tenement; that the
taking of Lot 813 as part of
school site is a taking of their
easement; and that the compen-
Sation or measure of damages is
the depreciation in the. market
value of the dominant tenement
resulting from such taking.
In opposition to this theory and
in support of the motion to
strike, three principal contentious
are advanced by counsel for the
District, viz: Cd AS against the
District the covenants in the
deeds create no rights for which
compensation is required by the
Constitution; CD The covenants,
properly construed, have no ref
erence to public uses for which
the land may be required by the
Government; and 90 Assuming
the validity of the covenants as
against the District, the damages
claimed are too uncertain and
speculative to be considered by
the Court.
The Washington times., 1934-06-06
Kill Kidney
Acid New Way

Thousapds of sufferers from poorly
functioning Kidneys are winning free
dom from Getting Up Nights, Leg Pains,
Nervousness, stiffness. Rheumatic Pains,
Burning, smarting, Itching Actdity. and
loss Of Vitality caused by poor Kidney
and Bladder functions with Doctors
starts work in Is minutes helping the
Kidneys flush out Acids and poisonous
wastes. Soothes, cleans and tones raw,
you up or money back Is guaranteed.
Sygt0x - only 80 q dose At dsuEgiBta.
The Washington times., 1934-06-06
Cites Friesen Case

"The recent case of Friesen
v. City Of Glendale, 2S8 Pac.
1881 (Cal. 1890 holds the right
under such q covenant is mot
a property right, but is a con-
tractual right cOgnizable in
equity as between the contract
ing parties, not binding on the
sovereign contemplating a pub
lie use of the particular prop
erty taken 1t cites and fol-
lows U. S. v. Certain Lands in
Town of jamestown, supra, as
the leading case and rs lin &C
cOrdance with reason and the
weight of authority on the sub
ject.'
81. These cases are cited as
showing the irrecOncilable con-
flict of opinion among courts
Of the highest standing with
respect 20 the theory advanced
by the owners as the basis Of
compensation, and as suggest
ing the wisdom Of not attempt
ing here to decide the contrO-
verted question, unless indiS-
pensable to a ruling on the
motion.
"2. Examination of the lam
guage Of the covenants gives
rise to the question, whether
the covenants in the deeds of
conveyance were intended
merely to restrict the use to be
made of the lands by private
parties or whether they were
also intended as a restriction
against any public use of the
land by the Government. The
covenants must be read to-
gether. The first appears to
state the contemplated use to
be made Of buildings upon the
land-they shall be built and
used for residence purposes ex-
clusively': the second enumer-
ates the uses that are apparent
~ intended to be excluded from
the subdivision, viz, amy trade,
business, manufacturing or mer-
camille purpose The second
covenant, it is thought, clearly
gives color to the preceding
covenant. Certainly it would
seem to stretch violently the
use Of the language to hold it
cOntemplateS that parks, play
grounds, additional roads, and
schools are to be excluded from
the restricted area. Consider
ing the uses and needs of resi-
Dental districts, is it reason.
able to cOnStrue the language
used as showing the intention
on the part of the owners to ex-
clude all such public uses of
land from their neighbOrhOOd?
And If such exclusions were in
tended, is it reasonable to sup
pose that the language of the
second covenant would have
been confined merely to trade,
business, manufacturing or
mercantile uses? The more
reasonable view would seem to
be that while the Land Com
pany and those holding under
it intended to exclude private
persons from carrying on Objec-
tiOnable business in the re-
stricted area, and are entitled
to any value that might accrue
to their land as q result Of the
expectation and belief that pri-
vate business was excluded, they
did not intend, or by the Ian.
guage used attempt, to exclude
the Government from using the
land for necessary public uses
nor contemplate an added value
to result from the expectation
that public use was not to be
made of such land. wharton
VS.. U. S., Supra.)
Accepting this construction
Of tho covenant leads to ths
The Washington times., 1934-06-06
Sea Food Monopoly
Laid to d. G. Dealers

The Washington Sea Food Deal
ers' Association has until July 6
to answer a complaint made yes
terday by the Federal Trade Com
mission that sea food dealers in
Washington have entered a con-
spiracy to eliminate competition
and thereby deprive the public OF
the benefit of competitive prices.
Henry L. Claxton, acting presi-
dent Of the association, declared
he knew nothing of the charges
and said that he is not aware Of
any such agreement as that COM
planned Of.
The Washington times., 1934-06-06

the N a ito nal
A S S ociation of
Real E S t a t e
Boards Of Min
neapoliS, Mimi,
June $3.50, &C
cording to Clar-
ence Donohoe,
chair man Of
the Convention
Committee.
Mr.. Donohoe
has spent the
past six weeks
organizing the
e x C u r S ioniStS
and reports a
number of res