Evening star., 1895-06-19
CASES POSTPONE
Judge Kimball's Action in the Street
Obstruction Warrants.
MR.. PUGH GIVES NOTICE
He Will File New Charges Each
Day.
THE LEG AL, ARG UMENTS

Prosecuting Attorney Pugh appeared in
Judge KimbalPs court again today and
repeated his objection made yesterday to
the actiCn Of Judge Kimball in continuing
the so-called obstruction cases because
scme of them have been taken to the upper
court on writs of certiorari.
Counsel for the lumber men and some of
the Louisiana averue dealers, Lawyers w.
F. Mattingly and w. J. Miller. appeared in
court to give their side of the cases and
ask that the order of the court yesterday
in continuing the cases be not changed.
When the cases were called Mr.s Pugh
announced that he had filed additional
charges against the persons who are oc-
cupying the public space for private pur-
poses, and he was ready to proceed with
the hearing of them.
Mr.. Mattingly, speaking for his many
clients, said they were not men of the
criminal class, but were citizens engaged
in business who constitute the life blood of
the community. Even before these pro-
ccedirgs were instituted he said. his clients
had been advised that they were violating
no law. When the warrants were sworn
out writs of certiorari were sued out, not
for the purposes of delay. as Mr.. Pugh
said yesterday, but for the legitimate pur-
pose of testing the law, and they We're
sued out in good faith.
The location of these places inconveni-
ences no one and he can see no reason
why these men should be brought into
court every day. So far as he is con-
cerned he says, he is willing to come TO
any agreement whatever whereby the
cases may be disposed of at this term of
the court. Under these circumstances he
said he considered this daily move against
the men matter of petty persecution. He
thought the courts action yesterday was
fair ard Just and he saw no reason why
he chn of he
the decision Is reached.
Il understand said the court that a
writ of certiorari exists in each of these
cases. and that the new charges involve
the points at issue in the writs.'
Exactly the same" Mr.. Mattingly said
Mr.. Miller's turn came next, but he was
satisfied with what Mr. Mattingly said, as
he had fully covered the ground.
MIR. Pugh Not Satisfied.
But Mr.. Pugh was not at all satisfied.
Fle told Judge Kimball that the District,
through it's executive officers, was only
trying to enforce law that lad been on
the statute books since 1862.
And even IL it is a petty annoyance" he
said, II am here to insist upon trial of
these cases, and I have good reasons for
SO doing. This law has been violated all
these years, and why these defendants
should get these delays in this way l am
unable to understand, and in my opinion
these writs of certiorari are not worth the
paper on which they are written. Mr..
Thomas, 1 understand. is to file a motion
to quaSh the writs, and the result will be
the same as it has been heretofore.
But, your honor" continued Mr.. Pugh,
there has been no reason shown why the
court should continue these cases and tie
the hands of the District in one class, while
another class is tried. There is no new
question involved In any of these cases.
Counsel may give opinions, but the courts
nave decided the matter three times. Each
time the question of parking has come UP,
and the result has been the same each
time
Judge himbalrs Remarks.
Judge Kimball said he had no doubt
about the ultimate result in the cases. He
had his ideas of the law, and had expressed
them in other cases, and he saw no reason
for changing his opinion.
They know that" said Mr. Pugh, land
that's why they don't want to go to trial"
Unfortunately said Judge Kimball,
there is no appeal from this court. There
ought to be a way whereby the judgments
Of the court could be reviewed. In the
risdiction is made, and the matter at pres
ent remains undecided.
Continuing. Judge kimball said the ques-
ton for him was whether these cases
should be tried or continued. pending the
decision of the upper court. While, as he
said before, he has no doubt as to what
the result will be- yet he felt that these
people are entitled to get the benefit of the
decision, and he therefore saw no reason
why he should do other than continue the
new cases. as he Cid yesterday. He. how
ever, would continue cases only where the
defendant has q case taken up on writ
of certiorari pending.
Mr.. Mattingiy said he desired to object
to Mr. Pugh's statement that these writs
were obtained only for the purposes OF de-
lay.
Mr. Pugh said he was still of that opinion,
and he thought the facts would bear him
out.
Mr.. Pugh's U1timntum.
Then Mr.. Pugh took occasion to make
some remarks as to the action Of the court
in postponing these cases.
IT must say he said, that through the
instrumentality of the district attorneys Of
flee will use my best efforts to have these
cases brought to trial, as I intend to file
new charges every day. The action of the
court, in my opinion, thwarts the attorneys
office at the very threshold of the prosecu-
tionS of violations of this law. 1t means
simply a suspension of the operations of
the law in every case where the defendant
is able to raise Si1 for writ and employ a
lawyer. Under the same ruling a vagrant
or disorderly person might do the same
thing. The court is doing one thing in one
class of cases and another thing in another
class. There are, then, no cases to try ex-
cept those against some poor people stone
yards and blacksmiths."
The Judge announced that the cases be-
fore the court We're Indefinitely postponed
II announce right here" said Mr.. Pugh
that | intend to file warrants every day
and bring the offenders into court unless
receive instructions to the contrary"
Petitions for Divorce.
A petition for divorce was filed today by
Josie Rothe against Gustave Rothe. The
papers in tie case Were withheld from puh-