Evening star., 1902-05-06
Courts Ruling in Case Of
Senator Money.
NOLLE PROS. ENTERED
SHANER AND FIRE
MAN HOOPER ALSO FREE.
Lively Tilt Between Opposing Attor-
neys During the Hearing-Judge-
Kimball's Action.

In connection with the case of fernando
D. Money. United States senator from Mis-
sissippi. and those of Orpha H. Shaner,
conductor of the Capital Traction Com
pany. and James E. Hooper, foreman OF
the District fire department. a discussion
as to whether not the United States at
torney has the power to nolle pros. the
cases without the assent of the court oc-
cupied the attention of Judge Kimball in
the United States branch Of the Police
Court for three hours today. The court
ruled that the United States attorney pos
sesses such authority. Therefore the legal
proceedings growing out of the ejecting of
Senator Money from car of the Capital
Traction Company at 1st and streets the
24th of last month will be dropped by the
prosecuting attorney.
In passing upon the matter, Judge KIM
ball did not express any opinion to the
edvisability of the action Of the United
States attorney.
Il think he has the power to take the
proposed action, and that have no power
to interfere, one way or the other in his
exercise of the power" explained Judge
Kimball.
During the hearing there were several
interesting passages between counsel. Sem
ator Money was not present. but his col
league. Senator McLaurin, was in attend
ance, and made statement most emphatic
in it's terms.
Arguments Of Counsel.
Attorney H Prescott Galley. represent
ing Fireman Hooper, opened the proceed
ings by reading from authorities tending
to support the contention that the prose-
cutting officer cannot nolle pros a case
without the assent Of the court He was
followed by Attorney G. Thomas Dunlop.
counsel for Conductor Shaner. Counsel re-
| marked that he was on his feet to protest
against the action of the United States
attorney in nolle pressing case of the
character as the one pending against Sena-
tor Money
Attorney Dunlop recited that only few
days ago citizen was fined in the Dis
trict branch Of the Police Court for dis
orderly conduct while a street railway
car.
For Spite added Mr.. Dunlop. that
man had the conducor who had caused his
arrest on the charge of disorderly conduct
brought into court for assault. l asked
Mr. Mullowny to nolle pros. the charge
against the conductor. but he declined to
do so. The court held that the conductor
was perhaps guilty of technical assault,
and accepted his personal bonds, but took
occasion to severely arraign the man who
swore out the warrant
This Is nothing more nor less than dis
crnninatlon in favor of a man who holds
| the powerful position of United States SEN
ator, Mr.. Dunlop declared.
what does counsel mean by his tnsinua-
tion?' Mr. Mullowny demanded to know
II mean to say replied Mr.. Dunlop,
that 1t is proposed to nolle pros. the case
against MIR. Money but he is a United
States senator"
Judge kimball suggested that the argu-
ment be directed to the question of whether
or not the court has supervisory power
| over the action of the United States at
| torney.
| 1t was contended by counsel for the con-
| ductor that the court. in any particular
case. may assume jurisdiction and say
| firo oGE1
enter nolle pros A number of authori-
ties were read with the view of strength
| ening this view of the case.
Mr.. Mullowny's Reply.
In reply Mr.. Mullowny read from an
| opinion Of Justice Field to the effect that
| the district attorneys power Is absolute
| at any time until the jury Is impaneled in
| case.
| Considerable discussion followed the
| hearing finally growing spirited when At
| torney R. Ross Perry. counsel for the Cap
ital Traction Company. and also repre-
senting Conductor Shaner, remarked that
| the public Is anxious to know whether law
| In the District of Columbia exists for all
| alike.
I'VE want to know" said Nj Perry, 'ff
| We are cut tomorrow by a man who pos
| sesses influence whether that influence is
to stop the process Of the law"
Mr. Mullowny entered objection to the
| ulUcTdIlCe Ol COunSeI. NO influence has
been brought to bear in this case' he de-
| clared. After a full investigation, there
being cross-fre. 1 decided to treat all
three defendants alike. do the very same
| thing every day. 1 repeat that no attempt
| has been made to bring influence to bear in
| this matter"
| 'Mr. Mullowny's remarks only emphasize
| the fact that he Is mistaken In his concep-
| ton Of the duties Of his Office" said Attor-
ney Perry. He has not the authority to
| decide cases. The course he is pursuing is
| warning to street car conductors that the
| public is divided into. two classes. One
| class can cut the conductor. but the law
| does not apply to that class. The little sena-
| torial knife, the conductors must under
stand has Its privileges.
Not Exactly Buzz Saw.
| Some amusement was occasiOned when,
| after Mr.. MullOwny had interrupted several
| times. Mr.. Perry remarked to the assistant
| United States attorney:
Il do not mean to say 1 am a buzz-saw
but you are running up against the elemen-
tary principles Of law. and you get
| scratched every time you touch them"
| Just before Judge Kimball decided the
| question Senator McLaurn arose for the
| purpose of declaring that Attorney PERI !
| had no right to state it as fact that SEN
| ator Money had committed an assault
| 1.-The counsel asserts this without any au-
| thorty Of fact" Senator McLaurin de-
clared. notwithstanding believe Senator
Money was badly treated, l have no dis
position to prosecute the conductor and the
fireman. In the interest of peace and on
my own authority I asked that the cases
against them be nolle pressed. 1 did not
ask that the charge against Senator Money
be nolle pressed.
Senator Money is an honored citizen.
He has never taken advantage Of his Off
cial position, but he is quick to resent an
| insult. 1 address the court because 1 do
not want the assertion to go out uncon-
| tradicted that Senator Money brandished a
| knife and committed an assault. He has
no disposition to oppress anybody, and
there is no justification for counsels asser-
ton as fact that he did assault this con-
ductor
Attorney Perry was about to reply. but
Judge Kimball stated that there was no
need for further remarks along that line,
and proceeded to decide the ISSUE