Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-12-07
COURT OF APPEALS OPINIONS.
ecfsfOn Concerning Hack PRIVILEGES
Afflrmed-WilI Sustained.

The Court Of Appeals, In an opinion writ
ten by Mr.. Justice Morris and handed down
ate yesterday afternoon, affirmed the de-
cision of the Police Court which held that
he District Commissioners have no author
lty to grant an exclusive right on the
streets to the Pennsylvania Railroad Com
pany in connection with its cab service.
1t will be remembered that when the
Pennsylvania Railroad Company establish
ed Its cab service the Commissioners limit
ed certain cab space at the 9th street sta
ton to the use OF the railroad company
cabs. Arrests Of Independent cabmen for
Violation of the regulations were made and
In the Police Court the District admitted
that the effect of the regulations was TO
discriminate against independent drivers,
and the presiding judge rendered an opin-
ION favorable to the independent drivers
and dismissed the prisoners. The District
appealed to the Court of Appeals for a de-
cision. and in two cases the Court of APP
peals sustained the Police Court.
The Commissioners thereupon amended
heir regulations. William H. Sergeant an
Independent driver, was arrested for viola
tlon OF the new regulations. and the Police
Court again ruled in favor Of the indie
pendent cabmen. The case was appealed to
the Court of Appeals. In the course Of the
opinion the Court OF Appeals says: "The
Congress of the United States authorized
The Commissioners to locate for the rail-
road company cab stand adjacent to it's
station. Plainly this was to be done in
subordination TO the rights of private citi-
Gems and upon the principle of equality.
There is nothing in the joint resolution that
granted them authority which would re-
quire or Justify the Commissioners to grant
an exclusive right on the streets to the
railroad company.
The Court OF Appeals has affirmed the
Judgment Of the lower court in the case Of
Louis Boyer, ST.. Louis Boyer, IT., and 9TH
ers, appellants, against Caroline LeFeyre
thereby sustaining the will of Mary Beyer
BY the terms OF the will the greater part
pr the estate was left to Caroline LeFeyre
sister of the deceased while only small
portions of her property were left to her
husband and son and other near relatives
The husband and son and others contest ed
The VIII and the hearing was held before
Justice Cole.
The Judgment of the Supreme Court Of
the District of Columbia was that the will
pr Mary Boyer was procured by fraud and
Undue influence, and that she died intestate
The opinion of the Court of Appeals atflrms
that judgment.
The opinion was written by Mr. Chief J,fs
lice Alvey.
In an opinion written by Mr.. Justice Shep-
Rrd In the case OF Horace s. Cummings
against Gilbert Meyers the appellate tri-
bunal affirms the lower court. Cummings
bued on behalf of the estate Of George Is
Edmunds. who was engaged in business
with Meyers. and the case involved the
payment Of $4,000 to the auditor for Nistri-
button.
The lower court has been sustained by
the Court Of Appeals in the case of the
District of Columbia against Guy E Pad
gett, relieving Padgett from a special tax
Assessment.