Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-10-18
COURT QUASHES WRIT
Alexandria County Case Be-
fore Judge Waddell.
THE POOL ROOM ISSUE
NOTICE OF MOTION FOR AN AP-
PEAL.
Proceedings Yesterday in the United
States Court at Richmond-The
THE POOL ROOM ISSUE

l
of John c. Nelson and James La Fontaine
came up before Judge WaddeH in the
| United States district court for the east
| ern district of Virginia. at Richmond, at 4
pm. yesterday. the hearing having been
| specially set by the court for that date.
Mr.. John Lamb. son of Representative
Lamb. appeared for the petitioners, and the
respondent Mr.. William H. Palmer, sheriff
| OF Alexandria county. Va, who held the
| petitioners In custody. was represented by
Attorney General Anderson and Mr. Gran
| dali Mackey, commemorative attorney for
| Alexandria county, Va.
The matter to be argued was the motion
| TO quash the writ and dismiss the petit
ton upon numerous grounds. among
| which was that the warrants of arrest
were not attached to the petition; that
| the petition did not allege that the pc
/ t1tioners were denied due process of law
| or any other constitutional right; that
| the question of jurisdiction over Alexan-
| dria county and the question of the con-
s.itutionality Of the act of Congress, ced-
Ing the county of Alexandria back to vir-
GINA could not be raised by any citizen,
put only by the state of Virginia or the
| United States: lastly II the allegation of
| was part Of the District of Columbia
| were true the petition should have been
| addressed to one of the judges of the
| supreme Court Of the District of Column
bfa, as no United States Judge in Virginia
could have any jurisdiction over persons
| held In custody in Alexandria county
| or the District of Columbia. The court
promptly quashed the writ of habeas cor
pus and dismissed the petition.
Granted on Hasty Review.
Judge Edmund Waddill remarked that
the petition had been presented to him, and
| ne had granted the writ of habeas corpus
upon rather hasty reading Of the petit
| ton. SET I'M hat fbo
being interfered with In their conduct of
| bona fide telegraph company within federal
territory in the Jurisdiction Of the court:
tnat no warrants being attached to the petit
| ton, ne overlooked the fact set forth in a
part Of the petition to the effect that the
petitioners were convicted Of running a
gambling house.
he said If he had noticed that 1t was a
sdhohnS mouse lease he would have denied
| the writ i'll the first instance as no federal
question was involved, nor any other cues
| tlon that could not be settled in the state
| courts.
Upon the dismissal of the petition Mr..
John Lamb, attorney for the petitioners.
presented petition for an appeal to the
supreme Court of the United States Judge
| Waddill stated that he would hear counsel
on that question and minated that he
peal.
Mr. Mackey stated to the court that he
would have the place raided should an ap-
peal be granted and attempt made to
| run 1T pending the appeal. Mr. Lamb re-
ferred to section 768 of the Revised Statutes,
which he claimed would entitle them to
give supersedeas bond and conduct busi-
ness pending the appeal. Both the attor-
ney general and Mr.. Maclxey argued to the
court that the section referred to simply
provided that proceedings Of state court,
upon the particular case, would be null
and void pending the hearing of the ap-
peal. but that the statute in nowise in
terfered with the right of the state to ar
oft Ha Lit,
mitted pending the appeal.
Attorney Generals Statement.
| The attorney general stated to the court
| that he and Mr.. Mackey appeared as coun-
| sci for Sheriff Palmer and that the state
OF Virginia was not even a party to the
proceedings The state he said, will con-
| tinue to enforce its statutes
| Judge Waddill stated that he agreed with
the attorney general that the state had
perfect right to raj the place and arrest
the proprietor and employees II they reop-
| ened at any time, and that the federal
| court could not interfere in the matter
| Judge Waddfll further said that II the con-
| tentions OF Mr.. Lamb were true, no state
could enforce its criminal statutes. and that
| a man convicted Of murder could. pending
| an appeal. commit other murders, and the
states would be powerless to interfere.
Turning to Mr.. Lamb. Judge Waddill said
You ought not to put yourself in the po-
sftion of claiming that a gambling house
| could run pending an appeal and carry on
state. merely because an appeal and super
| sedeas were granted In particular case"
Business Declared to Be Legal.
| Mr. Lamb continued to argue that the
business of his clients was carried on In
legal way and was not violation OF
law, and claimed that IL his clients were
arrested under the pool room statute Of
| Virginia they could not be convicted, but
| that Mr.. Mackey persisted In charging
| them with running a gambling house. and
would not proceed under the statute reiat-
Ing to bOokmaking.
| Judge Waddill replied that the petitioners
I had Just as good defense. II that were
true in state court in a federal court,
as the statute could be tested only in a
state court.
| The attorney general asked Mr. Lamb
| why If his clients business was legal, they
/ did not attempt to run in the DisUict OF
| Columbia or in the city OF richmond, where
they would have splendid field for their
business, instead of picking out the county
| Of Alexandria.
| Major Sylvester, 1t is stated. furnished the
commonwealth attorney of Alexandria coun-
| ty with the detectives and Mr.. Mackey fur
nished them with money to bet on the races,
and they spent last Thursday and Friday at
| jackson City and obtained evidence. In adj
| dition to this Mr.. Mackey kept private
| detective for two days and he made several
| bets and won on a 3-to-1 shot.
It Is believed that the pool room pro-
| prietors will not attempt to open tomor-
| row and that the fight is over. as the only
| desire of the operators for an appeal. 1t
Is said, was based upon the hope that they
might run the pool room while the question
| is pending-probably for year or more
in the courts.
| 1t was stated late this afternoon upon In
| formation received that. Judge Waddell
overruied a motion to reconsider his de-
| cision, and that he gave the pool room men
| until Monday, October %. to enter an APP
| peal to the United States Supreme Court.
pending the appeal.
| ON THE RIFLE RANGE