Evening star., 1899-04-04
DECIDES TEST CASES
Opinions by Court of Appeals in Lo-
cal Controversies.
SCOPE OF SNOW Law AND CAB Law
Several Judgments of the Police
Court Reversed.
HIN R1CEss CAS- E

Among a number of opinions handed
down this afternoon the Court of Appeals
decided the cases brought to test the snow
law. the cab law and also the case OF John
Price, convicted of grand larceny.
The snow cases reached the Court of Ap-
peals from the Police Court upon writs Of
error. The night of December 81 and Janu-
airy 1 last there was a considerable fall of
snow in this city, and for alleged failure to
remove the deposits from the sidewalks ad-
joining certain pieces of land and the
houses with which, it was claimed, they
had some connection as agents. the pain
tiffs in error, Robert y. Holtzman, Thomas
e. Waggaman and Thomas NJ. Gale, were
summoned to answer Information nled
against them in the Police Court. The pro-
ceedings resulted in judgments against tue
several defendants and the imposition OF
fines.
Before the Court of Appeals it was con-
ceded or proved that the plaintlfs IN error
did not remove the snow, as required py
act of Congress, and the question WhlGh II
was desired to determine was Whether theIe
was any legal obligation upon them TO 40
SO. -
In the course of its opinion, written by
Mr.. Justice Morris, the Court of Appeals
says:
1T being very apparent to US that the
plaintiffs i'll error are not WITHIN the pur-
view of the act of Congress in question,
and that in respect OF the several pieces OF
land mentioned in the informatlons they
are not amenable to the penalties of the
act, 1t is unnecessary, for us to express any
opinion on the broader question of the con-
stitutionality of the enactment as to those
to whom the provisions of the act might
be held properly to apply.
I'VE prefer to wait until a case arrives in
which the determination of that question
becomes necessary, especially in view of
the fact that the emergency to which the
statute relates is not likely to arise again
for many months. and it may be deemed
expedient by those having such matters In
charge to apply to Congress for additional
legislation to remove the inequalities and
to correct the infirmites of the existing
statute.
'It follows from what we have said that
the several judgments of the Police Court
In the premises must be reversed
Cab Stand Regulations.
The cab stand case. legally known as
Frank Curry, plaintffAn error. agt. the Dis
trict of Columbia, came before the court
through an appeal from a judgment of the
Police Court rendefefB in Il proceeding nsti-
tuted for the purpose of testing the validity
of an ordinance Or regulation made by the
District COMMISSIONERS with reference to
the hack or cabIstan3 adjacent to the 9Th
street railway station. The court holds
that the Commissioners were not justified
in conceding eXcinsiWtf cab stand privileges
to the z. w. anCbB. fh r. Co., and reyerses
the judgment oftthe Rolce Court.
In the opinion stodar the history of the
case is rehearsed, and il is stated that
hack or cab stana hssf been established for
years on the twostlee4s adjoining the sta
ton at which any licensed hack or cab
might locate. Itt is stetted that the. claim
was made that The ssrvice afforded in this
way was poorly and inethciently performed,
and that, therefore, d new cab service, with
newer and betteFa vehicles and superior
ARA ngement was Instituted by the .Phila-
delphia, Wilmington and Baltimore railroad
link of the Pennsylvania, railroad. 1t is
shown that the company sought to obtain
from Congress an exclusive license 10 oc-
cupy the stand, which was refused, al
though it enacted a joint resolution, ap-
proved June I, fSS, to empower the Dis
trict Commissioners to take action in the
matter. Assuming TO act in pursuance Of
the Commissioners October 20 last enacted
a regulation which set apart the desired
stand for the exclusive use of the Philadel-
phia, Wilmington and Baltimore Railroad
Company cab system.
The contention of the appellant was:
First that the joint resolution was uncon-
stitutional and void; second that the Com
missioners' regulation is unconstitutional.
unreasonable, contrary to public policy and
void. and third, that the evidence failed to
offense.
The court sustains all these points and
holds. concerning the latter, that the act
charged against the appellant is not con-
stituted a criminal offense or misdemeanor.
punishable with any penalty under District
laws and regulations As to the second
point, the court states that the Commits
soners' regulation is not in. any proper
sense authorized by the joint reso.utiO
and that the z. W. and b railroad, which
was given the exclusive privilege, is not
in the category of railroad companies spe-
Gifted in the latter act. ..,...
Power of Congress.
Discussing the power of Congress to
legisiate for the District of Columbia. the
court holds that it is distinctly limited by
all the express guarantees of individual
right contained in thu. federal constitution.
Grants of exclusive privileges to one per-
son which prevent others from possessing
some right to which otherwise they would
be entitled are not within the power of
Congress. ,+r-
Lower Court Sustained
In the case of John Price, convicted of
larceny of money from the metropolitan
Railway Company. the Court of Appeals
sustained the court below. A principal as
signment of error was that the lower court
erred in sentencing the prisoner to be taken
to the Columbus penitentiary and kept at
labor for three years, dating from the date
of arrival there. The Court of Appeals
held that punishment only dates from the
time the prisoner arrives and is imprisoned
in the penitentiary. - -...-f
In the case of Davis against Harper and
others the decree of the lower court is
affirmed. In Bechman against Wood the
decision, of the, commissioner of patents
is modified and the proceedings in the pat
ent office are ordered to be reformed in
conformity with the opinion of the Court of
Appeals. j . 3
TO MEET IN CHARLESTON IN MAY.