davidaulloa/AmericanStories huggingface dataset:
The Washington times., 1934-06-02
Heish-Ho Room
Is FIourishins

That Connecticut Avenue in.
stitution-the Heigh-Ho Taproom
-flouriShes more and more with
the advent of warmer days.
Myriad electric fans make this
intimate retreat one of the cool.
est spots in town from luncheon
time until early morning closing.
People in a "dropping-in" mood
think of the Heigh-Ho. The food
and drinks are always excellent.
Pete MaciaS, who returned just
the other day from Havana in
time for commencement of his
local roof engagement, has
planned a number of innova.
lions. The Taproom will remain
open all summer, of course. One
of the little pianos from the
night club portion of the thriving
enterprise is now in the first
floor corner. You are liable to
glimpse most anyone at the key.
board.
The crowd that used to as
semble nightly in the smart night
club that Pete brought to Wash
ington last season is still on
hand. They probably always will
be. Such we'll established habits
are not easily broken. o.. ~
The Washington times., 1934-06-02
Kamons' Band at
Lake Tonight

Chevy Chase Lake, which has
taken on new and different ap.
pearance through modernization
and improvements during the past
couple Of weeks, will bring Willard
Alexander and his 12-piece or
chestra to Washington for a single
nights engagement Wednesday
next, it was announced yesterday
by Al Stern and Eddie Carr, the
Lake" management.
Tonight, al Kamons and his
Maxim Lowe aggregation augment.
ed by number of new additions
from the Shoreham Orchestra,
Will occupy the rostrum, returning
by popular demand.
The Lake management, which
announced the opening of the
Handbook Pavaiop last Monday
night as a new feature, revealed
yesterday it plans opening the
upper pavilion next Monday night
as a roller skating rink.
The Washington times., 1934-06-02
Jockey Club Is
Popular Sport

The genial Jack Whites Jockey
Club is the night spot that is
new, down to the last stitch on
the pretty mattresses riding habits.
It's a coy, intimate place with
all the atmosphere Of the track.
Enter the Paddock Garden,
pick a stall-Cavalcade, Man O.
War, or the horse that gave you
the; 12<dollar watch. A dainty
lady in white jodhpurs will slip
you racing program and give
you the tip you want in the race
you want to play.
There you will find real Synco-
pated dance rhythm by the
Jockey Club orchestra led by
Howard Topham and Betty Lee
sings Il Got Hoses on My
Mind"
It's a great place for race en-
thusiasts and great fun for any,
one.
The Washington times., 1934-06-02

They promise to give the
dancers the hottest dance rhythm
heard in or around washington
for some time.
The amateur night every
Wednesday night with Joe Brown,
radio personality as guest master
of ceremonies, is proving popular
with the crowds visiting the
Ranch. The winner last WedneS-
day was Phil Williams, Chevy
Chase, who has an unusually
strong and good voice. Marion
Neither, torch singer, took sec
ond prize. Joe Brown pleased the
crowd with his Frisco" by Spe-
cial request.
Other surprises are promised
in the Dude Ranch floor show
this coming week.
The Washington times., 1934-06-02

Receipts to Charity
The rentals for the Los Angeles
residences being used as settings
for Charles r. Rogers Here
Comes the Groom" are contributed
to charity by the owners.
The Washington times., 1934-06-02
Powhatan' s Roof
Has Official
Premiere

After a private preview attended
by hotel officials, dramatic edi-
tors, and other notables on
Thursday evening, the Powhatan
Hotel Officially opened its roof
garden last night. Pete Macias
and his orchestra, of Heigh-Ho
Club fame, were there to provide
Washington's favorite dance
music, and Ramon, suavest of the
headwaiterS, greeted guests at
the door and made them vel
come.
Newly redecorated, the Roof
Garden is a cool and colorful
spot, surrounded by neatly
clipped hedges and a profusion
Of flower boxes. There Is de-
1icfous food and the tinkle Of ice
In tall glasses, while the cellars
yield the finest Of old vintages.
Already acclimated to their
lofty location, Marty Rubin,
Jimmy Harris and the rest of the
Macias music makers are offering
their choicest tunes for dancers.
Despite the fact that they have
just returned from vacations
which scattered them from Maine
to- Cuba, the bandsmen got to-
gether in plenty of time to re-
hearse the newest tunes, and
Marty Rubin took an half hour
Off from golf and learned all of
the choruseS.
. There will be dancing at the
Powhatan every week night from
1880 to $50 for dinner and from
10 to for supper. Dinner guests
will be invited to remain through
out the evening without any
cover charges.
The Washington times., 1934-06-02
"Happy" Walker
Leads Band at
LowenkeIIer

Washingtons very German.
favored resort, the Lowenkeller,
continues to draw a heavy patron.
age of after-dark merrymakers.
There are numerous attractions at
the spot, each calculated to lend
enjoyment to an evenings enter
tainment.
Happy Walker and his versatile
band play for dancing, inter
spersed with genuine Bavarian
airs, songs and dances. Then,
too, Karl Schmuhl and Franz
Krenkel add to the program with
their musical routines.
Perhaps the biggest single rea-
son for the Lowenkeller's popular
ity is the garden, a cool oasis,
open to the skies if the stars are
shining, but almost instantly COW
cred with rain-proof awnings II
the weather grows damp.
Cocktail hour is also favorite
time for gatherings at this Con-
necticut Avenue resort. The
menus and wine list are varied
and extensive.
The Washington times., 1934-06-02

q The enlarged Shoreham Hotel Terrace S readyl
Beautiful outodoors dining and dancing rendezvous ..amd the
cool surroundings of Rock Greek Park location ang famed Med
terranean Resorts Seating capacity for 1900 each table
mands of the huge dance floor. Dinner show nightly
Sundays
Reservations by "Ro6e The SAoreham Hoe-Adams 0700
The Washington times., 1934-06-02
ANGLING WITH GOOD MUSIC LURE CROW
Shoreham Terrace
Opens Tonight

The Shoreham Hotel Terrace
opens tonight. The dance floor on
the terrace has been increased to
three times it's former size and
the seating capacity increased
from 800 to 1900. To carry out
the terrace effect the outer rim
Of the garden has been elevated
Is inches above the dance floor
so that in the farthermost cor
nerS will have a full view of both
the dancing and the show.
The show this week features
Capt. Lou BarriSon, a European
novelty dancer. who appears on
stills. Leonora and Santini, ball
room dance team featuring, a
waltz, a bolera and a whirlwind
dance is another interesting at
traction. Violet Bache, French
danseuse, is offering a Spanish
acrobatic rhumba. Madeline Mac
Mahon, cyclonic singer and the
Lowe Shoreham Hotel Orchestra,
dig ted by Barnee, for the dance
m /, complete this program.
The Washington times., 1934-06-02
Cotton Club Has
Elaborate Show

In the heart of Washingtons
Harlem is the Cotton Club, torrid
spot of the U Street sector, ia
vored by many for very late
whoopee.
There's a very elaborate show
on view here, with poppy songs,
hot-cha dances and all the rest,
so typical Of Negro entertain
ment. Sid Cisco is featured
dancer, presenting some unusually
clever routineS.
Joe Smathers, in adept imper-
sonationS, is another showstopper.
Blackie, Of the educated feet;
Helen Dorsey and numerous
others, not to forget the chorus,
all do their share to provide
diversion.
The Cotton Club orchestra pro-
vides dance rhythms.
The Washington times., 1934-06-02
Sperber:s PhiIadeIphians Provide
Music at Dude Ranch

Beginning tonight, the Dude
Ranch will feature named bands,
the first being Sperber's Phi1a-
delphians, a 10-piece radio and
recording band, formerly at the
Arcade ballroom in Philadelphia.
The Washington times., 1934-06-02
Oakie Apes Bine

Jack Oakie initiates Bing
CroSby'S singing style in two
scenes of Paramount's Shoot the
Works."
The Washington times., 1934-07-16
LEGAL NEWS---COURT RULINGS
Court Declares Garnishee Cannot Avoid
Payment by Advancing Pay to Employe

against future commissions to
be earned by him; that at the
time Of the service Of notice Of
garnishment upon garniShee
and at the present time there
was and Is due from the Origi-
nal defendant Baird to the
garniShee, . sum In excess OF
$4,000 for moneys advanced in
the past to apply against COM
missions earned and to be
earned by the said original de.
PENDANT in the employ Of the
garnishee.
considering the common law
rules and the facts as stipulated,
as well as the law applicable
thereto, we are Of the opinion
that the finding and judgment
of the trial court were right and
the judgment appealed from
should be affirmed.
although it Is the law In
this State that the judgment
creditors can only recover from
the garnishee that which the
judgment debtor could have re-
covered In any action Of asSump-
sit or debt against the garnishee
and although 1t Is provided
:. that where there is money
due from the judgment, debtor
to the garnishee the latter has
the right to SetOff the amount
in the punishment proceedings;
yet, as we understand 1t, it is
also the law that payment Of
money by the garnishee to his
emplOye judgment debtor be-
tween the time Of the service
Of . summons upon him rs gar
nishee and the filing Of his
answer in the garniShment pro-
ceedingS, is an admission Of in
debtedneSs to the emplOye by
said garnishee. and If he
pays out moneys. after serv-
vice on him, this will be an ad-
mission that he owed the same,
and from which . recovery may
be had against him by the gar
nisheeing creditor"
In First National Bank VS.
Chemical Company, 22t
Ala. 500, in which application fol
rehearing was denied on January
10, 1888, the Court said:
"It further appears that the
garnishee company was accus-
toned to permit its officers to
draw against their salaries in
advance Of payday, or to make
purchases to be paid out of sal
aries.
The Washington times., 1934-07-16
Had Drawing Account

Gas to Mr.. Jones, it appears he
hsd an account with his COM
pany, and owed a balance Of
26O.65 at the time the gar
nishment writ was served.
Thereafter the account was con-
tinued as before. He purchased
guanO, drew cash, and incurred
other items of Indebtedness on
open account from time to time
down to June 30, 1929, aggregat-
ing more than twice the amount
of his salary for this period. He
made payments on this open ac-
count from time to time. Among
these payments, his monthly
salary checks were retained or
turned back to the company and
credited each month upon such
account. 1t appears that only
once during this period was
there a balance in favor of Mr..
Jones Of the sum of $49.24. The
trial court rendered judgment
against garniShee for this sum
only.
1T cannot be said there was
any contract to pay his salary
in advance, or that he might
draw his money i'm advance, or
purchase goods to that amount
on salary account.
"The effect was to ignore the
punishment lien upon his SAL
airy, q potential lien from the
service Of the punishment, to
attach specifically to the salary
earned. Payment or purchases
against the salary merely as
convenience to the debtor or to
both parties are at the
garnishee'S peril"
After consideration Of the briefs
submitted. the trial judge made a
finding in favor of the plaintiff
against the garniShee. The plain
tiff was represented by Richard A.
Hartman and Josiah Lyman, and
the garnishee by Henry B. Nor
row, Joseph c. McGarraghy and
the law firm of Colladay. McGar-
raghy. Colloday, and Wallace.
The Washington times., 1934-07-16
Advances Alleged

On April 20. 1894. a second
garnishment was served upon the
same garnishee and the return,
filed April 81, 1884, likewise de-
MED any Indebtedness, and stated
He made a few sales, commits
sion for which was charged to
advance account" and Nothing
will be due him as his advance
account shows he still owes us
$685." and also showed that gar.
nishee had advanced" judgment
debtor the sum Of $40 on April
10. 1884.
The answers to each were ira
verSed and the issue upon both
garniShmentS came on for trial
before the presiding Judge of the
Municipal Court, Judge George
c. Aukum, on Nav 7. 1884,
Plaintiff introduced in evi.
dence four papers, records of the
garnlshee. each being an "Order
on Cashier" and each also being
a receipt signed by the defendant
for the receipt of certain moneys
IN cash, to wit, on April 10, 1884,
the sum Of $5.45 which the re-
celpt stated was commission for
the sale Of a washing machine
and which sale the records of the
sales department, likewise intro.
duced in evidence, indicated had
been made prior to service of the
first punishment.
A second receipt showed that
garnishee had paid Judgment
debtor in cash the sum of $19.18
Tor commission on the sale of a
washing machine on April IA.
1884, although the ledger sheet of
the defendant, one of garnishee's
records, indicated this amount
had not been paid until April 90.
1884, and the sales department
records showed the sale had been
made on April 10.
Several other and similar re.
ce1pts, sales department records,
and the ledger sheet above men
toned were introduced in evil
dence, the ledger sheet showing,
among other things, an advance"
to the defendant on April 81 of
$26 and that while defendant had
made sales and had had advances
prior to the issuance Of the first
punishment, no amounts of COM
mission had ever been applied to
a reduction Of the amount
claimed to be due the garniShee
from the judgment debtor and
none Of the commissions earned
by judgment debtor appeared on
the ledger sheet until subsequent
to service of the first garnish-
ment; that at the time of service
Of the first garniShment gar
niShee claimed the defendant
owed garniShee the sum of $55.45
and that on April ~ he owed the
sum Of $54.61.
The Washington times., 1934-07-16
GARNISEMENT - JUDGMENT
OF RECOVERY ON IRA.
VERSE, ETC.

VERSE, ETC.
I. The earned and unpaid COM
missions due sGlesman en-.
plOysd on a straight eoHnissiOn
basic, as Wsn az commissions on
sales pending at time Of gar
nishment, are recoverable from
sornishee.
2. Where the judgment debtor
is indebted to R0rnishse for Gd-
Uances the sGrnishes cannot set
off such adOanees against attach
ment by judgment creditor unless
s0rnishee actually applies amounts
earned by the judgment debtor to
a reduction Of the debt due gar
nishee by judgment debtor.
3. Where the gGvnishee pays
money to judgment debtor after
g0rnishment. such payment is on
GdU'issiOn Of indebtedness and
g0rnishee cannot be heard to
say that he Owed judgment
debtor nothing becGuse Of a
debt judgment debtor Owed to
g0rnishse.
4. The fact that records of
SGTnishes tend to indicate that
GU'Ounts paid to judgment debtor
subsequsnt to Sarnishment and
on the same day as service of
savnishn1ent Wers Advances and
not payment Of commissions
earned. does not prevent recon-
cry from sarnishee lDhers such
0dU0ncss" 0PprOximGted the
amount Of cOmnlissiOns earned by
judgment debtor and wevs paid
to him in cash by sarnishes.
In the cause Of Thelma C.
Gross VS.. Francis E. Gross, de-
fendant, National Electric Supply
Company, corporation, garni-
shee, Municipal Court No. 27l-
759, a judgment was secured by
the plaintiff against Francis E.
Gross, defendant, on June 30,
1888, in the amount Of $425 be-
sides interest and costs. On
April II, 1894. the plaintiff
issued punishment upon the
National Electric Supply Com
pany, a corporation, as garnishee.
The return was filed on April
IL, 1884, denying indebtedness
to the defendant and also stat
ing:
'Mr. Gross is employed on a
strictly commission basis and
we owe him nothing at this
time. There will be nothing
due him the current week
unleS he makes some sales"
The Washington times., 1934-07-16

Mrs. William
NJ. Doak has
obtained Q per-
NIT to erect a
81 so 90 t W O.
story brick resi-
dence in the
27 0 o. 10 k
Brandywine st.
N. w.
K e;nton d.
Hamaker is the
architect who
designed tn e
h o m e, which
will harmonic
in exterior ap-
pearance with
The Washington times., 1934-07-16
Women Democrats
Plan Benefit Dance

The Women's Democratic Club
Of Rockville will sponsor a benefit
dance at the Indian Spring Coun'
try Club August 3, it was an
nounced today.
Margaret Jones heads the COM
mittee on arrangements and is be-
ing assisted by the following sub
committee heads: Helen McLaugh-
lin, tickets; Maude Wilson, pub
Ncity; Jack Claggett, floor commit
tee, and Mrs. Mary w. O'Brien, re-
ception committee.
The Washington times., 1934-07-16
Earnings Shown

The evidence also tended to
show that the defendant had
earned the sum Of $101.47 while
the garnishmentS were effective,
and that he had received in cash
as advances" ETC., the sum of
$1O0.63 from garnishee.
GarniShee commended that gar
niShee, in fact, owed defendant
nothing: that it was necessary in
order to retain salesman to ad.
vance leash from time to time /,
The Washington times., 1934-07-16
Charity Horse ShOlO
Slated for Sept. 20

Montgomery county's annual
charity horse show will be held at
the horse show grounds, just off
the East-West Highway, in Chevy
Chase, on September 20, it was an
nounced at Rockville today by the
committee in charge.
The show, presented each year
for the benefit of the Montgomery
County Social Service League, is
usually one of the brightest social
and philanthropic events on the
fall calendar, and, according to
members of the committee. who
held their first meeting today, this
years edition will be even better
than its predecessors.
The Washington times., 1934-07-16
KeHnsingtOn Church
Plans Garden Pdrty

Members Of the Guild Of Christ
Church, KenSiagton, Md. will
hold garden party on the church
lawn Wednesday evening at 1880
O'Clock, according to an announce
ment today by Mrs. Henry M. Mil
burn, president of the guild.
Ice cream and cake will be
served during a musical entertain
,ment which Is being arranged by
the members.
The Washington times., 1934-07-16

that the earnings Of debtor could
not be reached until and unless
the claim Of garnishee against
debtor on account of advances
was satisfied and that garnishee
could continue to. advance money
to debtor from time to; time with
out liability, and that it was the
usual practice to do 3d..
Upon conclusion Of the trial
Judge Aukum called for briefs
and took the matter under advise
ment. ~
In Brondum VS.. Rosenblum. III
So. 1853 (Miss. decided June 1929
it is said:
"The garnishee claims, and
would have the right to setOff
any debt the Judgment debtor
might owe him, but it must
actually be applied to gsrni-
shee'S debt; and if%nOt applied,
but is paid to the debtor, such
payment would be ut the peril
Of the garnishee. Prudential
Trust Co., vs.. Merchants Ma
tiOnal Bank, Sc Or. 224; TrOt-
ter vs. Foley, az r. I. Ar: Pals
ley vs. Park Fireproof Storage
Co., 222 III. APP. So. XXX
whether the indebtedness
claimed to be due the garnishee
was bona fide is challenged by
the appellant. We think the
proof on this issue was in con-
flict. The statement filed with
the pleadingS does not fully &C.
cord with the books introduced
in evidence and the explanation
given by garnishee and debtor
Is much becIOuded.
The Washington times., 1934-07-16
Prof. Victor Johnson
Takes Post in Week

Prof. Victor Johnson, head of
the violin department at the
washington Missionary College in
Takoma Park, Nd, has accepted
an invitation to take charge of
the violin department at Walla
walla College in Walla Walla,
Wash, it was made known today
ct the college.
Prof. johnson is also director
of the Review and Herald Pub
fishing Company Band IN Takoma
Park.
The Washington times., 1934-07-16
Vet Unit AuxiLiQries
To GiUe LdIDn Fete

Members Of the ladies' auxili-
aries Of the Takoma Park Ameri-
can Legion Post and the Veterans
of Foreign Wars Post will hold a
lawn fete tomorrow starting at
1880 p. M, on the Felderman lot
adjoining the residence Of DR..
A. v. Parsons.
Proceeds will be used for re-
lief work among disabled veter-
ans, Mrs. Hex Ware, chairman Of
the general committee, said.
The Washington times., 1934-07-16
Facts Stipulated

THE cause was tried on Stipu-
lati0n Of facts as follows:
"That the books and records
Of garniShee disclose that be.
tween the service and notice Of
punishment upon the garniShee
and the filing Of its answer, the
sum Of $3.50 was paid to the
original defendant Baird rs
an advance or drawing account
The Washington times., 1934-07-16
Garnishee Is Liable

Where at the time of garnish'
ment, garnishee had a contract
under which the defendant, with
out advancementS, was to do work
for garniShee, garniShee is liable
for money advanced to the de-
PENDANT. Dothan Grocery Co. VS.,
Wofford, 200 Ala. 400; Weaver,
etc. VS.. Dumas, 212 Ala. 3S2. And
where garnishee is under contract
to make advance payments, such
payments must conform strictly
with the terms of the contract
and amounts advanced or paid
otherwise are so paid at the peril
OF the garniShee. Dothan Grocery
Co. VS.. Wofford, Supra; Weaver
vs.. Dumas, Supra: Packard Motors
VS.. Talley, 103 So. 455.
In Ely VS.. Blacker, 112 Ala. 311,
the Court said:
I'm legal contemplation, the
garniShee stands Indifferent be.
tween the plaintiff in Judgment
and the defendant. He has no
right to intercept or intervene in
any way In the contest between
them. but he must stand still
until that contest is determined
between them alone and then
pay to the successful party.
IF, instead Of this plain and
safe course, he pays to either
party. he does 50 at his own
risk and In his own wrong, and
such payment cannot confer
upon him. any rights whatever
We do not hesitate to construe:
the answer to mean simply
this: That defendant was EN-.
plOyed by the garnishee at sal
airy Of SIS per month, payable at
the end Of each month, and that
the garniShee allowed. defendant
to take money and goods out Of
the business during the course
OF each month in payment of his
salary; or, in other words, the
gaFnishee, while the writ was
upon him, paid the defendants
salary before it became due, but
as and after it had accrued.
The moment the salary or
any part Of it had been earned
and thus accrued, it became liza
BILE to the writ, though not yet
due and payable, and continued
subject thereto. ="
Where a note, payable to the
attachment debtor, was discount
ed by garnishee for the former be.
fore service of the :garnishment
and the note fell due after service
OF punishment, the garnishee had
no right to pay the note out of the
garniSheed funds and the judgment
against garnishee should include
the amount thus paid. National
Bank VS.. Indiana, etc., ia Ill. 483.
In VIM. j. Baird. eX rel, VS.. Luse.
Stevenson Co., 1852 Ill., App. 457,
the Court said: 49,"
"On August IA; 1880, Tower.
dahl and StrOamer, Inc, o cor
pOratiOn, caused i Judgment. ..
for 1856 to be entered !. against
VIM. ]. Baird ON q, note. On
October 8, 1880, execution was
returned. on the following day
garniShment proceedings were
commenced. against Luse-Sev.
enSOn Company. served on it
on October 10, 1880.
Its answer. was to the eff.
feet that it did not have, either
at the time Of the service Of the
summons upon it, or at any time
since, any. Oneys, rights,
credits, etc. of said Baird in its
possession or control. The answer
was contested.
There was q trial without
jury on November II, 1880, re-
sulting in the court finding is.
sues against the garnishee and
that it owed plaintiff the sum
of 1856. Judgment Is that sum
was entered and the present ap-
peal perfected. -