Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-02-25
Alleged Action of a Court Of
Appeals Justice.
SNOW AND ICE LAW
MIR. MORRIS SAID TO HAVE
CAUSED CONSERVATION.
Charged That He Declined to Pay At
tention to Warrant for
His Arrest.

Martin +. Morris. one of the justices of
the Court Of Appeals of the District OF
Columbia, it is understood, has notified the
police that he will not submit to arrest or
prosecution under the provisions of the
regulation of the Commissioners requiring
snow to be cleaned from the sidewalks 1t
has been but few months since the Court
Of Appeals held that the law passed by
Congress on the subject is not constitution
al. and. it is expected, the same court will
pass upon the validity of the present regu-
lation of the Commissioners in the near
future.
Justice Morris is reported to have said
that he would not leave 81 collateral In a
case filed against him, nor would he appear
In the Police Court. This information was
impaired to Police Court officials this morn
ing. and as the defendant was not in court
the case could not be heard. Policeman
Yetton Of the eight precinct, who swore
out the warrant. was in quandary. He
hardly knew just what to do in the mat
ter. He was not certain that he should go
to the house of the justice and compel
him to accompany him to the Police Court.
Before attempting such a move he
thought It might be best for him to consult
his superior officers. He had the warrant
for Justice Morris. which Is the same as
those against other alleged offenders and
is made out upon the forms furnished by
the District and the following is YER
batim COPY:
in the Police Court Of the District Of
Columbia.
district of Columbia, IS: February term,
A. D., 1905.
Andrew B. Duvall, corporation counsel.
by James L. Pugh, jr., assistant corporation
counsel. who for the said District OF Co
lumbia prosecutes in this behalf In his
haro infn
causes the court to be Informed and COM
plains that Martin F. Morris. late of the
District of Columbia aforesaid. on the 10Th
day Of February, in the year A. ID. 1919, In
the District of Columbia aforesaid, and In
the fire limits of said District, being then
and there the owner of a certain lot
known and designated as part plat
fifteen on Florida avenue northwest In
within four hours of daylight Of the said
day after a fall of snow uniawfully faii
and neglect to remove the said snow from
off the paved sidewalk opposite the said lot,
contrary to and In violation OF the poi fce
regulations of the District Of Columbia for
the removal of snow and ice from the side
walks. in the District of Columbia, and
constituting a law of said District.
ANDREW B. DUVALL.
Corporation Counsel.
by J. L. PUGH. Jr.,
Assistant Corporation Counsel.
Personally appeared w. e. Yetton TINS
sd day of February, AID. 1900. ana mace
oath before me that the facts set forth in
the foregoing information are true and
those stated upon information received ne
JOSEPH HARPER,
Deputy Clerk Of the Police Court for the
District of Columbia
Warrant Procured Thursday.
Thursday Policeman Yetter appeared at
the Police Court and made oath to the In
formation alleging the pavement had not
been cleaned of snow. Yesterday an effort
was made to serve the warrant on Justice
Morris. The property referred to in the
warrant Is the old ST. Patrick's cemetery
on Florida avenue east of LIE Droit avenue.
It Is said the attempt to serve the warrant
was made by telephone, as Is done in
great many such cases, and the response
to the request for the appearance OF the
defendant or the leaving of collateral by
him is made a matter of record After
the prosecuting attorney at the Police
Court had been told of the experience the
police had, Yetter went to police headquar-
tiers and turned the warrant over to Major
Sylvester.
He also gave the superintendent of police
a memorandum: of what Justice Morris had
stated when told over the telephone what
was wanted. Maj Sylvester was at a loss
to know just what to do, and for this rea-
son he thought it best to interview the
Commissioners upon the subject.
Letter to Mr.. Duvall.
The statement was made today that Mr..
Justice Morris has addressed a letter,
couched in vigorous terms, to Mr.. Andrew
B. Duvall, the District corporation coun-
sci on the subject of the steps taken to
prosecute the writer for alleged violation
OF the snow removal regulation, and that
the corporation counsel received the same
In the mail this morning.
In denying an application for the writ OF
prohibition in one of the SNOW cases
about ten days ago the Court OF Appeals,
In its written opinion, intimated that the
prosecution of this class Of cases could be
suspended without detriment to the public
interests until the appellate court could
pass upon the validity of the regulation.
The prosecution of cases has proceeded,
however.
In his letter to the corporation counsel,
it is understood, Mr.. justice Morris sug-
eests to express 1t mildly, that 1t might be
construed to be contempt OF court to prose-
cute a member of the Court Of Appeals for
failure to remove snow while that court
has before it case having to do with the
snow removal regulation.
Corporation Counsel Duvall was at the
District building late this afternoon to see
the complainant, presumably In reference
to the letter said to have been written by
Mr. Justice Morris. When questioned by a
Star reporter Mr.. Duvall would neither ad-
NIT nor deny that such letter had been
received by him.
Refuses to Discuss Matter.
A Star reporter called at the home Of
Justice Morris, 1914 Massachusetts, avenue
northwest. this afternoon and asked for a
statement regarding his difficulties with the
police and the snow law.
There Is nothing in that" said the JUS
tice. 81 have nothing to say about it, he
added.
Further than this Justice Morris refused
to discuss the question In any form.