Evening star., 1902-01-08
OPINIONS HANDED DOWN
COURT Of APPEALs DECIDES A NUM-
BER OF CASES.
Rulings of Police Judge UpheId-The
Law I'm Other Matters
at Issue.

The Court of Appeals has handed down
an opinion. written by Chief Justice AL
vey. holding that in no view of the
case OF Timothy Sullivan against the Dis
trict of Columbia can the certiorari be sus-
tained, and dismissing the same. In the
Police Court an information was filed
against the petitioner for the certiorari
charging that he was the keeper of a IL
censed bar room, and that the 18th of No
vember, 1900, he kept his place open and did
sell intoxicating liquor, the day being Sun
day, in violation of the act of March 3,
1893
The petitioner was convicted, motions for
new trial and arrest of judgment were
overruled, and the writ of certiorari, on ex-
parte application, was allowed to issue
from the Court of Appeals. The District of
Columbia moved to dismiss the writ, be-
cause there was no exception reserved to
the ruling of the Police Court, and because
the Court of Appeals has no jurisdiction
to review the action of the Police Court
upon writ of certiorari''
''In this case" says the Court of Appeals
there has been no judgment entered by
the Police Court on the verdict, and upon
the assumption that writ of certiorari
would be proper on such state of record
1t could be applied for and obtained at any
and all stages in the proceeding and thus
wholly defeat the policy and the special
provisions of the statute prescribing the
terms and conditions upon which writ
of error can be allowed on exceptions and
from final judgment to this court. But
clearly no such power exists
An opinion. written by Mr.. Justice Nor
ris, was handed down this afternoon by the
Court of Appeals in the case of George
al. Lehman. plaintiff in error. against the
District of Columbia. Lehman was con-
victed in the Police Court of selling in
toxicating liquors on Sunday and with keep
ing bar room open the same day. The
case was taken to the Court of Appeals on
writ of error. The Court of Appeals holds
that there was no error in any of the
rulings of the Police Court, and affirms
the judgment rendered against the appel
liant
Other Cases Disposed of.
The Court of Appeals also has handed
down opinions as follows:
Burton H. Gedge appellant against John
c. Cromwell The appeal was from the act
ing commissioner of patents in an inter
ference case, wherein the subject matter CT
controversy is the right of priority of in
vention in improvement in rod reels.
The court holds that Gedge is entitled to
judgment of priority of invention. The de-
cision of the acting commissioner is there
fore reversed. The opinion was written by
Mr.. Justice Morris.
iii dIH LAY iof against W dlldCe NJ. helcn,
judgment of commissioner of patents af-
firmed. Opinion by Mr. Chief Justice Alvey.
The appeal was in a matter of Interference
from the patent Office. The subject matter
of the supposed interference is a fare regis
ter to be used upon cars and other convey
ances Of passengers. The commissioner
awarded priority to Kelch as the real in
ventor.
Pension COmmissiOner's Appeals.
: H. Clay Evans. commissioner appellant
against Henry D. Phillips judgment ap-
pealed from reversed, with costs, and cause
remanded, with direction to dismiss the pc
tition as against the appellant. Opinion by
Mr.. Justice Shepard. The Commissioner OF
pensions made an order disbaI ring Phillips
from practice for alleged unpro sessional
conduct in receiving fees in excess or hose
permitted by law. On appeal to the Secr.-
tary of the Interior the order was by him
vacated and revoked. The department re.
fused to order the payment to Phillips Of a
fee In a certain case.
By writ of mandamus the Supreme Court
of the District of Columbia directed the
commissioner to order the payment of fee
not greater than So The rule was discharged
against the Secretary of the Interior
who had confirmed the action of the COM
missioner on appeal. The Court of Appeals
holds that the Secretary was properly a
party to the suit He being the principal
party to the action. against whom relief is
Sought. the 1neNltaDle erect or his dismissal
therefrom must be to carry with it the
merely incidental relief sought against his
subordinate. the commissioner of pensions
HI. Clay Evans, appellant, against Henry
D. Phillips, Judgment reversed, with costs,
and cause remanded, with direction to dis
miss the petition as to the appellant. Opin-
ion by Mr.. Justice Shepard. The appeal
was taken by the commissioner of pensions
from judgment directing the issue of a
writ of mandamus to compel him to return
to the relator the sum of 50 paid by Phillips
in obedience to an order of the commits
sioner, but under protest.
Henry D. Phillips, appellant. against the
Secretary of the Interior and the commits
sioner of pensions Opinion by Mr. Justice
Shepard. The appeal was from a judgment
dismissing a petition for mandamHs. The
with costs.
New Trials Ordered.
Eugene F. Arnold. trustee against Alice
v. Carter and Henrietta Marshall, order
appealed from reversed and cause remand
ed for further proceedings. Opinion by Mr.
Justice Shepard.
Robert Jackson, appellant, against George
E. Emmons and ]. Paul Smith, judgment
reversed, with Instructions to award a new
trial Opinion by Mr.. Justice Morris.
Galen E. Green against Patrick Mann
judgment affirmed. Opinion by Mr. Chief
Justice Alvey. The question presented was
one Of practice relating to the effect to be
given to judgments of justices of the peace
when filed in the clerks Office of the Su-
preme Court of the District of Columbia
for the purpose Of creating lien upon the
real estate Of the debtor and authorizing
execution thereon.
John A. Hamilton, receiver of James L.
Barbour & Son, and Henry o. Towles, ap-
pellants, against Joseph Shillington and
Edwin Forrest, administrators, orders ap-
pealed from reversed and cause remanded
with directions to vacate the orders so far
as the creditors of the estate of Annie E.
Northcutt are concerned, and such other
proceedings according to law as may be
right and just Opinion by Mr.. Justice
Morris.
To Give Schley the Credit.
Representative Hooker of Mississippi has