Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-06-21
BEFORE JUDGE MILLER
Mr., Purh Takes His Street Obstruction
Cases to Another Judge.
The Proceedings in the Police Court
TOday-Arguments to Be Heard
Tomorrow.

Persons who occupy the sidewalks, parks
and other public spaces were IN Judge
Kimball's court again this morning, ana
there was another discussion of the affair.
Before the cases were called Mr.. Pugh and
Lawyer George C. Hazelton made personal
explanations denying statements concern
ing them in the newspapers.
The business of the court then proceeded.
Lawyers Woodward and Colbert were pres
emit as counsel in different cases. The for
mer represented some of the defendants
whose cases were taken to the upper court
on writs of ce-tiorari, while Lawyer Col
bert represented George L. Benner, a
stone yard owner, whose case was first
called yesterday.
Mr.. Colbert announced that he intended
to take the case up on a writ of certiorari.
which, under Judge Kimbalrs ruling, acts
as a means of continuing the cases.
But" Mr.. Pugh added, Il intend to file
charges every day"
And, as I said yesterday" remarked Mr..
Benner. '.Ill have to go to the poor house"
Judge KimbaIl remarked that If the cases
are taken up in good faith the subsequent
charges will be continued, but If 1t is shown
that it is merely for delay, the continu-
ance will be set aside.
I'VE can only judge of their good faith
by their acts" said Mr.. Pugh.
Judge Kimball explained that If the Court
Of Appeals decides against the defendants
MIR. Pugh said that the Court of Appeals
has adjourned for the summer, and the
cases cannot come up before September
In asking for a continuance until Monday
Lawyer Woodward said he hoped to see
Col. Truesdell and the other Commissioners
and reach some understanding.
Mr.. Pugh answered for the Commission
ers that the latter would not take any
position whereby they would allow the
law to lie dormant and allow the occupa-
ton Of public property for private uses.
Before Judge Miller.
Having failed to get his cases tried be-
fore Judge Kimball pending the hearing in
the upper courts, Mr.. Pugh went before
Judge Miller and asked that the cases of
the alleged violators of the law be tried.
He called the courts attention to the
case against Clayton NJ. Enrich and
others. In doing SO Mr.. Pugh said that
Judge Kimball had continued similar
cases for reasons best known to himself,
and he had concluded to appear in this
court and make an effort to get hearing
in these cases where the law is being vio-
lated.
Has Judge Kimball made request that
this court hear the cases?" Judge Miller
asked.
such request" answered Mr.. Pugh. He
has nothing to do with it,
Judge Miller spoke of the arrangement
whereby the business of the court is CLASH
that If the object of taking up the cases
was simply the hearing Of them in another
court he would consider the matter very
carefully before he would consent to con-
tinuing the other cases. If. on the other
hand, they were taken up merely for the
purpose of gaining time, he certainly would
not be party to a continuance, but would
hear the cases.
To he Argued.
Lawyer w. J. Miller then spoke in behalf
of his clients, and when questioned by the
court he said that he supposed the cases
would be heard in the Criminal Court.
THAT court has no more power than this
court has," remarked Judge Miller.
CONTINUING, Mr.. Miller said that the writs
had not hcen obtained for the purpose of
getting delay, but for the purpose of get
ting decis on from the Court of Appeals.
Judge Miller said he was not satisfied
whether he had a right to hear the cases,
in view of the action of Judge kimbal,
and he would hear arguments tomorrow.
Mr.. HaZelton, who. represents the mar
ket dealers in the market, Appeared in the
case with Mr.. Pugh, and in making his re-
marks he said ne represents certain deal
ers who have no opportunity to occupy the
government property.