Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-03-02
THE COURT OF APPEALS
OPINION HANDED DOWN REvERS-
ING POLICE COURT.
Willard Hotel Company and William
Clements Sustained in Contention
Other Opinions Rendered.

The Court of Appeals, by an opinion writ
ter by Mr.. Justice Morris. has reversed the
judgment of the Police Court in the con-
solidated cases of the Willard Hotel Conn
pany plaintiff in error. against the District
OF Columbia and William Clements, plain
tiff in error against the District of Column
bia. The real question raised by the cases
was whether the Willard Hotel Company.
conducting the New Willard Hotel in this
city, has the right to occupy the stree. in
font of the hotel with its own vehicles in
the business of the hotel and for the serv-
ice of its guests practically to the exclu-
sion of other Vehicles. The Court of APP
peals holds that the hotel company has
such right. and thereby oyerrules the
Police Court.
"A very different question might be pre-
sented," says the Court of Appeals in the
course of the opinion. ''if the hotel ccm-
pany, instead of restricting the use Of It's
vehicles to the guests of the MOTEL, Sta-
toned them upon the street for hire to any
and all persons who might desire to use
them Then there would undoubtedly be
the maintenance of a public cab stand III
an unauthorized place. and an unwarrantei
use of the public highway for purposes foi :
hidden by the municipal ordinances. But
no such question is presented here.
Judgment Vacated.
appellant against L. S. Gundersheimer,
the Court of Appeals, by an opinion
written by Mr.. Justice Morris, has re-
mander the cause to the Supreme Court
OF the District of COLUMBIA, with direc-
lions to .vacate the Judgment heretofore
entered in that court for S23I in favor
of the appellee, and thereupon to enter
a judgment on behalf of the appellee for
Sis, with costs. reforming and modify
ing if need he the verdict of the Jury
for that purpose.
The opinion the outcome of a mo-
ton to notify an opinion rendered sew
eral weeks ago and to reform the judg-
ment. The original action was based
on contract for eggs to be delivered
by Armour * Company to Gunders-
heimer
Other Opinions Rendered.
Other opinions rendered by the Court of
Appeals follow:
The Alfred Richards Brick Company APP
pellant, against Charles V. Trott and
others; judgment appealed from affirmed
with costs; opinion by Mr.. Justice Morris.
The case was before the Court of Appeals
once before nearly five years ago. The orig
iEal action was a suit i'll equity to enforce a
mechanics lien for bricks supplied by the
company to Trott. The court below dis
missed the bill, and the complainant APP
pealed.
Columbia: judgment of the Police Court af-
hrmed; opinion by Mr.. Chief Justice Alvey.
Smoot was convicted in the Police Court of
employing a certain person as an engineer
on a steam dredge in the Potomac river who
had not to Shoots personal knowledge OBJ
tanned a license as an engineer. The de-
PENDANT insisted that a license was not re-
CURED under the circumstances.
Says. the Court of Appeals: ut may be
conceded that the act of February %, 1887,
was not intended to apply to the cases of
engineers employed in the navigation of
steam vessels coming into the harbor from
other ports or harbors beyond the District
or to engineers on the steam railroads run
ming into this District. But the reasons
upon which engineers in such cases are ex-
empt do not apply, in case such as the
present"
Fannie B. Colonna and others against
Edmund Alton and others: order of the
court below refusing to admit to probate a
paper writing alleged to be the last will
and testament of. Eileen A. Bailey. de-
ceased. affirmed. Opinion by Mr.. Chief
Justice Alvey. The question at issue was
not as to what particular property might
be involved, but whether the paper offered
for probate was valid as a will in view Of
the law.