The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1903-04-08
OPINIONS ANNOUNCED
IN COURT OF APPEALS
Decision That Appointments of
Justices of Peace Were Legal.

In the Court of Appeals for the Dis
trict, yesterday, in an opinion announced
by Mr.. Justice Morris. in the case Of
Anderson & Cullen against Morton. the
judgment Of the lower court was af
firmed.
In this case. which was a suit on &C
count. the constitutionality of the ap-
pointment of Justice of the Peace Rob
ert H Terrell, before whom the proceed
ings were instituted, was attacked The
decision in the Justices court being
against Anderson & Cullen. they sought
to have the proceedings reviewed in the
Supreme Court of the District by an ap-
plication for a writ of certiorari.
The application was denied, and an ap-
peal was taken. The action OF the lower
court in quashing the application for the
writ of certiorari was affirmed.
IN disposing Of the matter Mr. Justice
Morris, who announced the opinion of
the. court. said: The writ OF certioraTi
in d controversy between two or more lit
igants. before him cannot well be used
to try the legitimacy of his title Jus
tice and fair dealing require that this
should be done, if at all, in a proceeding
instituted directly for the purpose and
wherein the de facto justice OF the peace
should have the opportunity TO defend
himself and his claim of right" So twill
be seen that the constitutionaIity Of the
appointment of the justices of the peace
has not been passed upon by the court.
In the case of John Hayes against Au-
lick Palmer, United States marshal for
the District. as in the Supreme Court of
the District. the judgment was in favor
of the marshal Hayes was arrested in
this jurisdiction at the instance of the
Maryland authorities. He sought TO
gain his release from custody through
habeas corpus proceedings. His appli-
cation for the writ was denied by Chief
Justice Bingham The most important
question which arose in the considera-
tion OF the matter was whether Hayes
was a fugitive from justice
The judgment of the lower court in
the suit of Capt Charles B. Tanner
against Henry o. Towles. c. c. Bryan,
Zenas c. Robbins, and Gilbert B. Towles
was reversed, and the case remanded
for new trial. The suit was to re-
cover $1,000, the value of a promisso-y
note made by Gilbert TowIes, and in
dorsed by the other defendants. The
jury returned a verdict against Henry
0. Towles and c. c. Bryan. and held
the others not TO be responsible for
the payment OF the note. The note was
one Of several hundred issued in con
nection with the Gettysburg Park land
speculation.
II the suit OF Emma A knight against
the Metropolitan Railroad Company to
! recover $40, 00e as damages for personal
injuries the judgment OF the lower
court was reversed. Chief Justice Al
vey in his opinion. held that the lower
court erred in directing the jury to re-
turn a verdict il favor Of the railroad
company.
The decision OF Justice Hagner In
the cause of Lesh against Lesh for di-
vorce. was sustained This was an ap-
peal from an order requiring the de-
PENDANT, William A Lesh, to pay his
wife. Margaret A Lesh S. weekly as
alimoHy while the case was pending.
In the suit of Barbara Mills against
Julius I. Atcheson for damages for per-
sonal injuries. the judgment Of the
lower court was affirmed