Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-08-07
MUST PAY HIS DEBTS
OPINION IN THE CASE OF POLICE
MAN UPPERMAN.
Justices Judgment Must Be Taken as
Fnality and Trial Boards
Recommendation Approved.

The Commissioners have received an in
teresting opinion from Mr.. A. Leftwich
Sinclair, assistant corporation counsel, in
the case of Police Private r. c. Upperman,
charged with the non-payment of just
debt. 1t seems that Private Upperman
agreed with a local real estate corporation
to buy certain piece of property and gave
check for 500 as binding the contract to
buy. 1t is claimed that Private Upperman
next morning extracted all his money from
the bank for the purpose of stopping pay
ment on his check. Counsel for Upperman
claims the policeman was deceived as to
the condition Of the property and that he
had right to stop payment on the check.
The matter was taken to justice court
and Judgment rendered against Upperman
for the amount of the check and costs.
Upperman- was execution proof in the
matter of the judgment as he owned no
property. The case was then brought to
the attention of the police department and
Upperman was summoned before the trial
board on charge of non-payment of
just debt. The police manual provides for
the punishment Of officers guilty of such
an offense, the debt to be evidenced, unless
admitted, by final judgment of a court
of competent jurisdiction. Upperman was
found guilty and ordered to pay the amount
of the judgment IN monthly installments.
When the papers came before the Com
misSiOners counsel for Upperman Submit
ted brief in which he took the ground
that the police trial board had no jurisGic-
ton in the matter. which was purely pri-
vate transaction. 1t was asserted that pay
ment on checks is stopped daily. Before
acting finally in the case the Commissioners
submitted all the papers to the corpora ton
counsel. Mr.. Sinclair has returned them
with the statement:
Counsel's Opinion.
"T1pOn careful copcidaro %io,, of +,,o o,,o,
tons raised by Mr.. Upperman's attorney 1
am of the opinion that the recommendation
of the trial board should be approved by
you. Some of the questions raised must
have been considered by the Commissioners
when they. in their wisdom. adopted the
wholesome provisions of the manual reuuir-
ing members of the police force to pay their
just debts.
1.-The doctrine is we'll settled that a cause
of action. once finally determined, without
appeal or some provision looking to the an
nulment of the judgment between the par
ties on the merits by a competent tribunal
cannot afterward be drawn into question
1t is finality as to the claim or demand
IN controversy. and conclusive against the
parties and those in privity with them.
Inc Just debt which Private Upperman
was charged with refusing to pay was in
the language of the manual evidenced by
maj Judgment of a court of competent
jurisdiction. and there was nothing for the
liidi podru 10 90, In my Judgment, upon the
showing made, but to find the accused Off
Ger guilty. and there is no legal and suffi-
clent reason, in my opinion, why the recon-
mendation made by the trial board should
not be approved by the Commissioners. If
Mr.. Upperman was dissatisfied with the ac-
ton OF the justice of the peace in entering
Judgment against him. he should have
awaited himself of his right to appeal Hav-
Ing allowed the judgment to stand it does
not lie in his mouth to say that the Justice
OF the peace wrongfully rendered it,
Major Sylvester, superintendent of police
has forwarded to the Commissioners the
trial papers in the case of Policeman B. R.
Johnson. who was tried on charge of con-
duct unbecoming an officer and found
guilty. Major Sylvester concurs in the find
lngs OF the trial board and recommends
that the officer be removed from the police
force. 1t was alleged that Private Johnson
acted in a harsh and disrespectful manner
to lady. and that he was also guilty of
disrespect to his superior officer, Captain
Cross.