Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-02-27
SNOW LAW SUSPENDED
&c Hzes
No More Prosecutions Until
Pending Case is Decided.
81
AN APPEAL ON FILE
APPLICATION FOR WRIT OF PRO
HIB1TIoN.
Instruction by Corporation Counsel
Effect Of Justice Morris Refusal
to Heed Police Court.

There are to be no more prosecutions
under the regulation of the District Com
nlissioners for alleged failure to remove
snow from sidewalks, at least not until the
Court of Appeals acts upon the cases that
were carried up from the Police Court
This decision was reached Saturday after
noon after the Commissioners had had an
opportunity to read The Stars exclusive
story of the refusal of Justice Martin r.
Morris of the Court of Appeals to submit
to prosecution on the charge that the
snow had not been removed from the
pavement in front of his property on Flor
ida avenue.
Shortly before 4:3O O'Clock Saturday aft
ernoon messenger was dispatched to
police headquarters with a copy of let
ter written by Mr.. A. B. Duvall, corpora
ton counsel AS soon as this communica-
ton was received the superintendent OF
police took immediate steps to suspend Inc
prosecution Of cases so far as the ponce
are concerned. 1t Is understood there was
a delay on the part of the Commissioners
or some of their subordinates In giving the
Information to the chief of police. AS
long ago as the 18th of the month the
corporation counsel addressed a letter TO
the District Commissioners, in which he
suggested that in Difference to sugges-
ton Of the Court of Appeals all snow
prosecutions should be suspended until
such time as the court might pass upon
the validity of the regulations He ex-
planned that there had been case argued
before the court-that of William r. Nor
ris, upon an application for writ OF pro-
hibition against Judge Scott. one OF the
judges Of the Police Court. to prevent him
from proceeding with -the prosecution or
the petitioner for violation of the police
regulate regarding the removal of snow
from the sidewalks.
Quotation From Justice Shepard.
Mr.. Duvall explained to the Commission
ers that. although the petition was dis
missed. Chief Justice Shepard had stated:
"As there seems to be some doubt of the
authority of the Commissioners to enact
the new regulation providing a penalty
for the failure to remove snow and ice
from the sidewalks Of the city of Wash
inEton, and as the question is one or gen
eral Importance to householders. the sus-
pension of trials for the infractiOn OF the
regulations until that question can hnaily
be determined would probably relieve the
hardships of the situation without injury
to the interests of the public or the indi-
vidualS.'' -
After giving the Commissioners this. in
formation the corporation counsel advised
that the prosecutions of the snow cases
be suspended, as suggested by the Court
of Appeals, and explained that no harm
could be done by the suspension. He sus-
gested that the police should continue 10
make Investigations and file complaints
against the alleged offenders. He also sug-
gested that such complaints could be filed
in court and the warrants be held until
the Court of Appeals determines the issue.
Collateral in Hands Of Clerk.
Collateral amounting to $l4 was sent to
the Police Court and turned over to the
financial clerk of the court this morning.
These were not reported to the court. how
ever, as the clerk. was aware of the order
issued by the Commissioners Saturday
afternoon. 1t is stated that the court has
power to return the coilaterals that have
been forfeited in snow cases. All the for
FIXTURES, it is said. were recorded during
the present February term Of the court,
and until the end of the term the court
has Jurisdiction over the money. The term
will end next Monday Persons who are
defendants in the cases In which the money
was turned in this morning will be nott-
fed that their cash will be returned them
upon application. Unless the court returns
the collateral In the cases in which the
money was forfeited the persons who part
ed with their cash will not be able to
get it returned unless Congress comes to
their relief.
Mr. James L. Pugh. jr.. assistant cor
poration counsel, had nothing to say this
morning about the discontinuance of the
prosecutions in the snow cases He had
received instructions from Corporation
Counsel Duvall. however, and told Star
reporter that no more snow law prosecu-
tions will be entertained at present.
MY recommendation in reference to the
suspension of the trials for violation Of
the regulation requiring the removal of
snow from sidewalks has been approved
by the Commissioners wrote the corpora
ton counsel to his assistant. ut seems
that Mr. West approved it the 23d instant
the acting Engineer Commissioner the cath
and it only reached Mr.. mcfarland today,
who likewise approved it,
copy of the order of the Commissioners
accompanied the letter.