davidaulloa/AmericanStories huggingface dataset:
Worcester Democrat and the ledger-enterprise., 1938-12-30

and with good health, we may not SUI
fer both at the same time-very soon.
So, wish you an unusual year of good
health, and I don't care how much
make the doctors mad by so doing.
Bless their hearts, they don't want to
get sick any more than anybody else
does; and we don't crave illness any
more than they do. With health, we
can stand much better the many ills
that flesh is heir to, and I hope you
all may drive dull care away by an
exuberance of spirit largely aided by
well working corporeal machine.
might go on indefinitely, but I'm
allowed only 20 inches for this palave1
and so, I'll close by hoping the Year
will bring you more, in abundance OF
good things than ever you anticipated
Worcester Democrat and the ledger-enterprise., 1938-12-30
HEALTH WEEK
OBSERVANCE WAS
STARTED in 1913
Over 5000 Communities In 3O
States Took Part In Its
Activities

DIR. r. II. Riley, Director Of the
State Department Of Health has been
notified that certificates of merit
aIl in class "A"-have been awarded
IN the State and Baltimore City De-
uartments of Health, to the Negro
Health Week Committee, of Balti-
more City, and to the Health Depart
wents of Health of Caroline, Cecil,
Montgomery, Prince Georges and Wi
oomico Counties, by the National Ne
gro Health Week Committee of the
II. s. Public Health Service, for ac-
tivities in connection with this years
observance of Negro Health Week.
The announcement was made by DR..
Roscoe Brown, Director of the Negro
Health Week Movement.
Glass "a" certificates were also
awarded to the Health Club of st.
James Home and School of Pocomoke
City, Worcester County and TO the
Community Center of White Plains,
Charles County, and a Class "B" GER
tificate was awarded to the Health
Club Of Wetipquin, Wicomico County.
Fourteen schools in that county took
part in the nationwide health poster
contest, and the public school at Sal
isbury, paired with school in Win
ston-Salem, North Carolina, for sec
ond honors in the contest.
This years schedule included public
meetings in churches, schools and com
munity halls with all representatives
group participating; child health con-
ferences; the medical examination OF
school children; clinics for immuniza-
ton against diphtheria, typhoid and
smallpox; tuberculosis and venereal
disease clinics; health education exer-
cises and poster contests in the
schools; community cleanup and sani-
tation campaigns. There were also
cleanliness and neatness improvement
contests in some Of the rural schools
including a countrywide one in Wor-
cester County.
The Health Week Observance was
started nearly twenty-five years ago
largely through the initiative and in
terest of Booker T. Washington. Since
it became nationwide in its scope it
has been conducted under the auspices
of the United States Public Health
Service, with State and local depart
ments of health, and lay organizations
assisting.
DR.. Browns report Tor the current
year shows that over $500 communi-
ties in 80 States, took part in the 1888
activities. Over $4,000 households
throughout the country shared in the
cleanup campaigns; over $4,000
places, in the insect and rat control
projects; more than 5000 in sanitation
activities; and nearly 10000 plant and
Worcester Democrat and the ledger-enterprise., 1938-12-30
CRIRPS
Continued from Page !

Continued from Page
one of grabbing the whole wallet, and
then some. If 1 can just manage to
keep a few steps in front of the Sher-
iff, it will be happy New Year, and
also lust little more than / expect.
Then, again, I may be discounting
one of the greatest blessings, by men
tioning it second to taxes. But, some
how, I'd like you all to cheat the tax
issue, for awhile, Of it's running mate
death. It's an old saying, there's
nothing surer than death and taxes,
Worcester Democrat and the ledger-enterprise., 1938-12-30

flower projects were carried on. The
educational exercises were attended
bv over 1,25O,OOO persons, and many
more were reached by the radio talks,
of which 391 were given.
Worcester Democrat and the ledger-enterprise., 1938-12-30
MRS. SMULLIN IS KILLED
AT A ROAD CROSSING

On Friday night of last week, Mrs.
May v. Smullen, living on a farm
near Berlin, this county, was struck
Greenbelt cooperator. (Greenbelt, Md.) 1937-1954, 1938-11-16

DENTISTS OFFICE HOURS
DR.. James ". McCarl
DR.. McCarl's office hours are as follows:
Monday. .......9:3 30 AN. 500 Pm.
Tuesday. .....9:3 80 AN. 500 Pm.
xR1HRxazxxux. 1900 g.: 80 Pm.
Wednesday,. ..Closed
Thursday. 1890 AN. $500 Pm.
Friday. 1880 AN. 500 Pm.
1900 $3.50 Pm.
Saturday. 1900 Pm. 500 Pm.
Phones: office 226l Home, 24Ol
Evening star., 1938-08-18
RULE 22.
Censuring, Suspending, or Expelling
Attorneys,

/. COMMITTEE ON GRIEVANCES.
Whenever complaint in writing
shall be presented to this court in
general term, charging member OF
the bar of the court with any cause
of censure, suspension or expulsion,
and setting forth the facts upon
which the accusation is grounded,
such complaint shall be forthwith re-
ferred to a standing committee of five
members of the bar of the court to
be known as the committee on griev-
ances, to be appointed by the court,
and who shall serve for one year and
until their successors are appointed;
and it shall be the duty of said COM
mittee forthwith to investigate such
complaint and to report thereon to
the court, stating whether the COM
mittee deem the facts, as ascertained
by them, to be insufficient to support
such complaint or deem it proper
upon such facts that the member 80
charged should be called upon to
answer.
2. CHARGES AND NOTICE-In
the latter event charge shall be
formulated by the committee and
submitted with such report, and If
the court shall so order, shall be filed
with the clerk of the court. Where
upon the following proceedings shall
be had: A rule upon the member of
the bar 30 charged, to show cause
why he should not be ensred. sus-
Evening star., 1938-08-18
RULE 9.
yerificatiOn of PIeadingS.

l. SUFFICIENCY.-W 1t
shall become necessary to verify any
pleading it shall be sufficient if the af-
fidavt verifying the same shall recite
therein that the affiant verify believes
the fact stated in the pleading to be
true.
2. ONE OF SEVERAL MAY VERI-
FY.-If several parties are united in
interest and plead together, the afi-
davit of verif1cation may be made by
any one of them.
8. AFFIDAVITS OF AGENTS,
ETC.-The affidavit verifying plead
ing shall be permitted to be made by
an officer, agent or attorney only
(a) When corporation is party.
tb) When the facts are within the
personal knowledge of the attorney or
agent.
(c) When the party is an infant, or
of ursound mind, or in prison.
I'D When the pleading Is founded
upon a written instrument for the
payment of money and such instru-
ment is in the possession of the
affiant ~ 7' -~6 esq
(e) When the party is absent from
the District of Columbia
4. WHEN THE UNITED STATES
IS A PARTY.-If the United States or
any officers thereof on its behalf is a
party, the affidavit of verification may
be made by the General, Or
anyone duly appointed to act on his
behalf, the United States Attorney for
the District of Columbia, or any of
his assistants.
Evening star., 1938-08-18
RULE 1.

Effective Date of Rules: Applicability.
|. These Rules shall take effect on the
18th day of September, 1888. They
shall apply to all civil actions and
proceedings except such as are ex-
cluded by Rule 81 of the Federal
Rules of Civil Procedure, unless
herein made applicable to the &C
tions and proceedings thus
excluded
!. In the determination of contested
issues of law or fact, or of law and
fact. in probate, adoption and lu-
macy proceedings, these Rules and
the Federal Rules of Civil Proce-
dure, as now or hereafter in force,
shall also govern the procedure on
motions, dispositions, discovery and
testimony, and at the hearing or
trial of such issues.
!. These Rules shall govern actions
and proceedings brought after they
take effect and also all further con-
duct of actions and proceedings
then pending, except to the extent
that in the opinion of the Court
their application in particular
action or proceeding pending when
these Rules take effect would not
be feasible or would work injustice,
in which event the former pro-
cedure applies.
Evening star., 1938-08-18
RULE !.
Delivery of Papers by Clerk.

Delivery OF fapeTS Dy SAcIhs
l. The clerk shall not allow any
original papers in any action to be
taken out of his custody, except by
the auditor or by person to whom
the action has been referred. or up
on order of one of the Justices.
2. POLICE, MUNICIPAL AND Ju-
VENILE COURTS, OR EXAMINER
The clerk may take in person. or send
by one of his assistants, any paper re-
suired as proof in any cause on trial
before the police court, juvenile court,
or municipal court of the District OF
Columbia or in the taking of testi-
mony before an examiner Of this
court, but such papers shall be re-
tanned in the possession Of such clerk
or his assistant, and returned to the
files of the court Immediately after
the hearing before said court.
8. RECEIPT REQUIRED.-A re-
ceipt shall in every case be required
by the clerk for papers so delivered by
him, and such papers shall be re-
turned to the clerk with all conven-
lent speed
4. CUSTODY BY AUDITOR.-In
no case shall the auditor allow any
papers so delivered to him by the
clerk, or that may be filed before him
as evidence during the examination, to
be taken out of his Office by any per-
son, or to be examined by others,
except in the office of such auditor.
Evening star., 1938-08-18
New Court Rules
To Be Furnished by The Star

smpfed of procedure in civil practice in the United
States District Court for the District OF Columbia will become
effective on September 16
Aboshing the distinction between law and equity the
will conform to the smpied rules adopted
by the Supreme Court for the Federal courts OF the Nation Ito
become effective also September 49, designed avoid
MULTIPLICITY actions Instead of the technical peadngs
the law and equity courts there will be but civil
reply this by the complainant Trial by jury in civil
be waived Under the rules the District will
code pleading instead Of the old forms that have arisen
Common Law Of England and the equity courts Of
that nation.
Until disposed Of pending will continue under the
old Probate and criminal practice not affected by
the rules which have been characterized New Deal in
civil practice here.
If YOU, lauyer ,oanf copy of the rules in
pamphlet form Convenient for reference ,Orite The
"Conrt Reporter. The Euenine STAR" inclosine cents
,veek.
Evening star., 1938-08-18
RULE 16.
COntinuanceS.

/. An application for a continuance
shall be by motion supported by suf-
ficient afidavit disclosing the grounds
therefor. unless such affidavit be
waived by opposing counsel In order
to be entertained such motion and
afidavit shall be filed as long before
the calling Of the cause for trial, as
reasonable diligence requires.
2. If the application be because of
the absence Of a witness, the AFFIDAVIT
shall set forth what material matter
such witness is expected to testify to;
and If the adverse party admits that
such witness if present would so
testify, the court may proceed with
the trial, requiring such admission
therein.
3. All continuances shall be in the
sound discretion of the court, and
shall be at the cost of the applicant
unless otherwise ordered.
Evening star., 1938-08-18
RULE 10.
Special Remedial Writs.

l. COMPLAINT TO BE VERIFIED.
Motions or applications for special
remedial writs, such as writs of quo
warranto, certiorari, supersedeas, and
so forth. may be heard in the court
or at chambers, but not until a COM
plant, verified by affidavit. and stat
ing the grounds of the application, has
been filed and docketed.
2. ANSWER TO BE VERIFIED
The answer of defendant to the COM
plant shall be verified by affidavit.
3. MOTION TO QUASH.-Motions
to quash, set aside or dissolve any Of
said writs may be heard in the same
manner.
Evening star., 1938-08-18
RULE IL.
HULE II.
Return of Service and Service by
Publication.

l. SUMMONS. WHEN RETURN
ABLE NON EST.-If a writ of sum-
mons is not served, it shall be re-
turned to the clerks office on the
twentieth day after the issuing
thereof
g. SERVICE BY PUBLICATION
All notices which relate to proceedings
in the District Court OF the United
States for the District of Columbia,
the publication of which is required
by law or by these rules. or any order
of court, shall be published in The
Washington Law Reporter, during the
time required by law, in addition to
such other paper or papers as may be
specially ordered or which may be
selected by the party at whose in
stance the order shall be passed.
3. PROOF OF PUBLICATION
The proof of publication shall be by
affidavit of the publisher, editor, agent,
manager, or superintendent of the
papers, accompanied by copy of the
order as published, which afiidavit
shall state how many and at what
times the order was published in that
paper.
Evening star., 1938-08-18
RULE 2.
Terms of Court.

The terms of the general term and
of each division of the court, includ-
Ing the Probate Division. shall begin
on the first Tuesday in January,
April, July and October. Provided
That whenever the first day of any
term shall fall on legal holiday, such
term shall begin on the next follow
Ing business day.
Evening star., 1938-08-18

nesses may be by the certificate of the
attorney of record, or Of the person
before whom dispositions may be taken
under the provisions of Rule 20 Of the
Federal Rules of Civil Procedure. The
certificate may be in the form set
forth in the Appendix, or in equiva-
lent form.
Evening star., 1938-08-18
FORM 40.
judgments.
1 FORM AND SUBSTANCE

/. FORM AND SUBSTANCE OIL
In drawing judgments and orders,
neither the complaint nor answer. nor
other pleadings, nor any part thereof,
nor the report of master, nor other
prior proceeding shall be recited o.
stated in the Judgment or order; bal
the judgment and order shall begin,
in substance, as follows: This action
came on to be heard Cor to be further
heard, as the case may be- at this
term: and thereupon upon considers
ton thereof, it Is, this day pf
-, 19", adjudged as follows:
(here insert the judgment or ordero.
2. FOR MONEY, FORM OF.-Suah
part of a judgment as may be for the
recovery of money may be awarded
generally thus: "it is adjudged that
the plaintiff (defendant) recover
against the defendant (plaintiff)
-, when interest is recovet-
able add with interest at the rate bf
per cent per annum from the
day of -, 19-
being the money payable by him to the
plaintiff (defendant) by reason Of tie
premises, and his costs Of action.
3. SEVERAL DEFENDANTS. - II
there are several defendants in in
action ex contractu, judgment by de-
fault may be taken against any Of
them who may be in default, and the
plaintiff may proceed to trial and
Judgment against the others.
. 4. FOR AN ACCOUNT OF PER-
SONALTY.-Every order for ah ac-
count of the personal estate Of teb-
tator or intestate shall contain d.
rection to the auditor, to whom 1t is
referred to take the same, to inquire
and state to the court what parts, lf
any, of such personal estate are out
standing or undisposed of, unless the
court shall otherwise direct.
S. FOR SPECIFIC ACT.--If tha
Judgment or order be for the perform
ance Of any specific act, as for exasa- =
pie, the execution Of a conveyance .pf
land, or the delivery of possession, Or
the delivering up of deeds or other
documents, it shall, in all cases, pre-
scribe the time within which the oct
shall be performed. Of which the party
CONTINUED on Page A-lsJF#
Evening star., 1938-08-18
RULE II.
Motion for Reply.

A motion that the court order q
reply to be filed to an. answer or q
third party answer, as provided in
Federal Rule Z, shall be supported by
an affidavit Of counsel for the NOV
ing party, or of such party, if he is
without counsel, wherein shall be
set forth the facts and circumstances
requiring such action by the court
A counter AFFIDAVIT may be filed by
counsel for party opposing such mo-
ton, or by such party if without
counsel.
Evening star., 1938-08-18
RULE 8.
Officers Before Whom Pleadings
Verified

l. A pleading, affidavit or other
paper which is required to be sworn
to, may be verified within the United
States or within territory or insular
possession subject to the dominion
of the United States, before an officer
authorized to administer oaths by the
laws of the United States or Of the
place where the oath is made.
2 In a foreign state or country,
such oath may be made before a Sec
retary of Embassy or Legation, Consul
General. Consul Vice Consul, or Con-
sular Agent of the United States.
Evening star., 1938-08-18
RULE Is.
Service and Filing of Pleadings and
Other Papers,

Service and filing of all pleadings
and other papers shall be as provided
IN Rule S of the Federal Rules of
Civil Procedure. Proof of such serv-
ice shall be made before any of such
pleadings or other papers will be con-
sidered by the court. The filing of an
acknowledgment of service will be
sufficient or in lieu thereof a state
ment of the attorney attached to or
appearing on the original papers when
filed, clearly stating the time and
manner in which service was made
will be accepted as prima facie proof
of service.
Evening star., 1938-08-18
RULE l9.

Grounds for Motion to Be Stated.
All grounds for motions not stated
in a motion or notice of motion or in
the margin thereof shah be regarded
as waived, unless for cause shown the
court shall otherwise order.
Evening star., 1938-08-18
RULE 3.
Computation of Time.

i. In computing any period Of time
prescribed or allowed by these rules,
the day of The act. event, or default
after which the designated period of
time begins to run is not to be in
cluded. The last day of the period so
computed is to be included, unless it
is Sunday or legal holiday, in which
event the period runs until the end
Of the next day which is neither a
Sunday nor holiday. When the Pc
riod of time prescribed or allowed is
less than seven CD days, Intern ediate
Sundays and holidays shall be ex-
cluded in the computation. A half
holiday shall be considered as other
days and not as a holiday
Enlargement of Time.
2. When by these rules or by a no.
tice given hereunder an act is re-
quired or allowed to be done at or
within a specified time, the court for
cause shown may, at any time, in its
discretion Cd with or without motion
or notice, order the period enlarged
II application therefor is made before
the expiration of the period originally
prescribed or as extended by a pre-
vious order or ~ upon motion per-
nit the act to be done after the ex-
piration of the specified period where
the failure to act was the result Of
excusable neglect
Evening star., 1938-08-18
RULE 80.
Argument Of Causes.

!. NUMBER OF COUNSEL-un
less otherwise permitted by the court
only one counsel on each side shal
examine or cross-examine any Wit
ness. or be heard upon a point G
evidence. motion. any interlocutor.
matter. prayers, etc. and only two o.
each side may address the jury o.
the facts, or be heard on the tria
Of the cause by the court.
2. OPENING.-Any address to tn
jury in opening a case, either 70
plaintiff or defendant, shall be limit
ed to concise and brief statemen
of the facts expected to be. proved
and shall be free from all argument
Evening star., 1938-08-18
EQUITY RULE 20.
Evidence Before Auditor,

l. DOCUMENTARY EVIDENCE
BEFORE-Afidavits, dispositions, and
documents which have been previ-
ously made. read, or used in the court,
upon any proceeding in the cause or
matter. may be used before the audi
tor and each paper produced and ad-
mitted in evidence or a copy thereof
shall be marked by him as filed
2. EVIDENCE TAKEN DOWN.
The evidence upon such examination
shall be taken down by the auditor or
by some other person by his order and
in his presence, in the discretion Of
the auditor or If either party re-
quires it.
Evening star., 1938-08-18
RULE 20.
Unc0ntested Matters,

UHCUItCSCGU VI6VCETS.
Hearings of uncontested matters
shall be had at the opening of court,
before the regular assignment Is
taken up.
Evening star., 1938-08-18
RULE IL.
Answers to Actions on Foreign Judg-
ments or DEGREES,
RULE II.

In actions on judgments or money
DEGREES from State court or a court
OF the United States, any answer
therein shall be treated as a nullity
unless an af1davit accompany the
answer showing defense to the
action.
Evening star., 1938-08-18
RULE IA.
Witnesses

l. The writ of subpoena for at
tendance Of witnesses shall be In the
form set forth in the Appendix or in
equivalent form.
2. The proof Of Attendance ot Wit
Evening star., 1938-08-18
RULE Is.
Continuing Hearing on Rules to
Show Cause.

In order to continue the hearing on
a rule to show cause, it shall be suf-
ficient to do so by a proper minute
entry entered by direction of the
court; provided, however, that con-
tinuances of hearings on rules in
contempt shall in all instances be by
written order of the court.
Evening star., 1938-08-18
RULE 81.
PRAYERS for Instructions.

Counsel submitting prayers for in
structions to the jury shall submit
the same in writing and shall place
upon the same the title and numbe
of the cause, and indicate Thereon
whether such prayers are those o,
plaintiff or defendant. Each instruc
ton shall be upon separate sheet.
Prayers submitted in any cause,
and acted on by the court, shall b.
filed therein,
Evening star., 1938-08-18
RULE S.
commencement of Action and
Dep0Sit for Costs.
RULE S,

DepOSlL Tor SOStS.
!. Upon the filing of an action,
the clerk shall require deposit for
his costs. unless such deposit shall
be dispensed with by law or order
of court, and shall Immediately enter
the cause upon the proper docket.
2, (a) The initial pleading, motion
or paper offered for filing by any
party to an action shall have added
to the caption thereof the name and
street post Office address of the party
on whose behalf it is filed. The ad-
dress so stated shall be deemed con-
elusive of the fact in that regard in
the action in which filed, until an
other and different written desig-
nation of address shall be filed in
the action, which later address shall
then be given like conclusive effect.
tb) All papers rendered to the
clerk for filing shall be on opaque,
white legal cap paper, approximately
8 inches wide by 13 inches long, un-
folded, without backing sheets or
covers, and if consisting of more than
one sheet, shall be fastened at the
top, and shall contain, under the
caption, its identification, as, COM
plant, answer, etc, together with
brief statement as to any Affirmative
relief prayed therein.
g. Wherever party by whom or
on whose behalf an initial paper is
offered for filing is not represented
in the action, by appearance regular
ly entered therein by member of
the bar of this court having an Office
located in this District, such party
shall file in the clerks Office, with
such initial paper, an irrevocable
power of attorney, designating the
clerk of the court, and successors
in office, as the person upon whom all
notices and copies of pleadings, mo-
tions or papers in the action may
be served.
4. Pleadings, motions and papers
not conforming to the rules of this
court and to Federal Rules of Civil
Procedure shall not be accepted for
filing.
S. If the party in any civil cause
does not appear in proper person,
and if counsel appearing for such
party does not maintain an Office
within the District of Columbia, there
shall be joined of record in such ap-
pearance, within ten (l0) days there
after, associate counsel having an
Office in this District and admitted
to practice in this court; in default
of which, all pleadings filed in be-
half of such party may be strick-
en- out by the court either upon mo-
ton or its own initiative.
6. No attorney shall be permitted
to withdraw his appearance except
by leave of court, after notice served
by him on his client. as provided by
Federal Rules of Civil Procedure. If
the court shall permit such withdrawal
Of appearance. no service shall there
after be made upon the attorney so
withdrawing.
RULE 6.
DOckets.