Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-09-06
WRIT OF CERTIORARI.
Suit to Test Right of Magistrates In
Certain Cases.

Proceedings for writ of certiorart have
been instituted in the Supreme Court Of the
District of Columbia which are considered
toNbe Of some importance and in the ma
.ture Of test case. involving the rights Of
a Justice of the peace TO certify case to
another tribunal other than the nearest
Justice to the one certifying the case The
petitioner is Mrs Susan A. Rufin. and she
Is represented by Attorney E. L. Gies.
Mrs Rutfin sets forth that the Goth day
Of last month John Cook as trustee, caused
q suit under the landlord and tenant act
10 be instituted against the petitioner be-
fore Arson S. Taylor. a justice of the
peace Mrs. Ruffin explains that at the
hour named for trial she filed with Arson
S Taylor an affidavit for a change OF venue.
1t thereupon became the duty of Justice
Taylor. IL is claimed. 10 certify the cause
for trial TO the nearest justice of the peace.
The office of Justice Taylor. II is explain
Ell, is at 1912 r street. and the nearest JUS
tice of the peace TO him was Terence A.
Duffy, whose office was at 600 18th street.
The petitioner AYERS that the case was not
certified for trial to Justice Duffy. which
the petitioner says she believes TO be con-
trary To the statute, and that under the
circumstances the certification of the cause
for trial 10 any other justice Of the peace
was unlawful, and any proceedings In the
case by any other Justice OF the peace than
Terence A. Duffy are illegal and void. with
out Jurisdiction and should be Quashed.
Mrs. Ruffin further states that Justice
Taylor acted upon the said application for
change OF venue by certifying the case to
Justice 5. R. Church. At that time. 1t Is
added Samuel R Church was and still Is
out of the District of Columbia and will
not return until either the 18th or the nth
Of this month.
In the meantime It is said the cause was
sent TO the Office of Samuel r. Church. at
325 r street. and was entered upon the docket
of Justice Church by his clerk and entitled
case No. 1907 before S. Herbert Giesy. JUS
tice of the peace. Shortly thereafter the
petitioner continues. S. Herbert Giesy. JUS
ttce of the peace. proceeded TO dispose of
the case In the absence Of the petitioner
or her counsel or any one to represent her.
and rendered judgment in favor OF the
plaintiff John Cook. trustee
Continuing. Mrs Ruffin declares that. as
the case certified by Justice of the
Peace Taylor for trial to Samuel r. Church
no other justice OF the peace In the District
of Columbia after the certification had any
authority OF law or Jurisdiction whatever
to hear and determine the case. and that
the action OF 8. Herbert Giesy i'm render
ing Judgment in the Is improper, file
gal and void and should be quashed
Mrs. Rufin concludes by saying she il In
doubt in regard to the exact status Of the
case and does not know before which OF
the Justices the case is considered TO be-
pending. and Is in doubt as to which OF the
justices of the peace viii endeayor to en-
cess. but believes that either or both will
as the plaintiff. the said John Cook, may
direct and require.
The petitioner asks the court to grant he,
the whit of certiorari. to be directed to botf
8. Herbert Giesy. Justice Of the peace and
TO Samuel r. Church. justice of the peace
commanding them to return and certify e
the Supreme Court of the District of Co
lumbia any records that they may have OF
the case. in order that the same may b.
qusshed as illegal and void