The Washington times., 1902-07-24
Justice Hagner Finds Mat
ter Too Grave to Decide
Before Vacation Term
POLITICAL EFFECT DUBIOUS
Mr. Bundy Asserts His Desire Not to
Hold Place If Not Legally Appointed
Court Suggests He Can Easily Be
Rid of Burden.

The proceedings pen ling before the
Supreme Court of the District. involv-
ing the question of the constitutionality
of the appointment of the justices OF
the peace holding Office in the District,
when called for argument yesterday
before Justice Hagner. sitting in
equity, were postponed until the first
Tuesday in October next. The matter
is one in which the residents of the
District, particularly attorneys, are
deeply interested. and a great many
members of the local bar were present
at the hour set for the hearing.
Proceedings in Ejectment.
The question of the legality of the
appointment of the justices of the
peace is the outcome of proceedings
in ejectment instituted some time ago
by Mr.. Henry E. Willard against Mr..
Simon S. Meyer to gain possession OF
premises 1411 Pennsylvania Avenue.
When notice of the proceedings was
served on Mr. Meyer by Justice of the
Peace Charles S. Bundy, the former.
through his attorneys, julius !. Pey-
ser and Robert Meyer, raised the point
of the jurisdiction of Mr.. Bundy on
the ground that he was not legally
appointed. because at the time Presi-
dent Roosevelt made the appointments
he was not empowered to name justices
of the peace for the District.
While the proceedings in ejectment
were pending before Justice Bundy Mr..
Meyer filed a petition in the Supreme
Court of the District asking that q writ
of certiorari should issue against that
officer requiring him to certify to the
clerk of the Supreme Court OF the
District the papers by authority of
which he exercised the duties of his
office. The writ was not issued, but
Chief Justice Bingham issued a rule
requiring Mr.. Bundy to show cause
why the writ should not be issued.
1t was in answer to this order of
court that the matter came on for
hearing yesterday. AS soon as Mr..
Peyser read the rule issued by Chief
Justice Bingham and the petition filed
previously by Mr.. Meyer, Justice Hag-
ner asked:
when will the Court of Appeals for
the District meet?"
He was informed that 1t would con-
vene on the first Tuesday in October
next
Would Result in Unsettled Condition.
: 1.-The matter" Justice Hagner- said,
sis of great moment and public interest"
If at this time, vacation term, he
should decide in favor of the petitioner.
,bo+ ic ,ba- tho Y,,s,icae ~ +bo neaca
were not legally appointed, it would re-
suit in a very unsettled condition of
affairs, in the District for several
months.
At this stage of the proceedings, At
torney Charles C. Cole, who, with Henry
F. Woodard, appeared on behalf of Mr.
Bundy, suggested that as there is so
little ground in the petition of Mr.
Meyer to test the question, that the
court might hear the matter immedi-
ately and dismiss 1t.
Justice Hagner, in further discussing
the question, said it is not sensible TO
think that for the reason suggested that
he would decide that there are no JUS
stices of the peace in the District.
MI Bundy's Statement.
Mr. Bundy, who was present. asked
permission of the court to say word
in his own behalf. His request being
granted. Mr.. Bundy said he would like
the matter 20 be decided at once as he
didn't like TO hold the Office OF justice
Of the peace if not properly and legally
appointed
Justice Hagner said:
"Oh. we'll you can easily get rid of 1t
II it is troubling you any, or 1t is 2
burden to you
Mr.. Woodard suggested that the court
could dispose of the matter as easily as
did Justice Clabaugh another phase OF
it last spring.
Justice Ragner. however, maintained
that ii was a most important question.
in which the public is deeply interested,
and should not be disposed of so hastily. |
History of the Case.
Attorney Junius l. Peyser, represent |
ing Mr. Meyer when ejectment proceed |
ings were instituted against his client |
by Mr.. Henry E. Willard TO get posses |
sion Of premises 1411 Pennsylvania Ave
nue., filed petition for a writ OF GER
tiorari. which. in effect. requires Justice !
of the Peace Bundy TO show by what au-
thority he exercised the powers OF his
Office 1t is contended in the petition
that Mr. Bundy was illegally appointed |
10 the office he holds, because the Pres
ident was without authority OF law TO
make the appointment at the time he
did
The Presidents power TO appoint ten
justices of the peace for the District. II
is contended. is bestowed by the code.
This. however. did not become operative
and of force until January l last. The
President, however. named Mr.. Bundy
ard nine others as justices of the peace
in the District on December lG, 1901.
fifteen days before the code went into
effect.
E-,,,,ra+;opo foy Eira,pa1