Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-01-16
Mr.. D0Ds0N TAKES STEPS
To Bring Case Into. United States Su-
preme Court.
CONVICTED BY POLICE JUDGE
Released From Custody on Writ Of
Habeas Corpus by Justice Bar
nard This Afternoon.

Steps were taken today to settle
the question of the constitutional
ity of the Distict smoke law. A
business man, convicted in the Po-
lice Court of violating this law,
applied for writ of habeas corpus
on the ground that the law was not
in accordance with the Constitu-
ton, and announced his intention
of taking the matter to the SUI
preme Court of the United States
as soon as possible, Other similar
attempts have been made, but not
on the same basis.
Preliminary measures that will probably
end in bringing the District smoke law be-
fore the Supreme Court Of the United
States for decision on its constttutionality
were begun today before Judge Mullowny
in the District branch OF the Police Court.
The case to be carried up is that in which
John Mel. DOdson, proprietor Of the
Godeys lime kiln, Is charged withviolating
the District smoke law on November 10.
After fine of 800 was imposed, Mr.. Dod-
son refused to pay the fine and was or
dered to be committed to Jail for thirty
days in default. Mr.. Dodson was taken to
the city hall in the custody of Policeman
Hatton. where application was filed before
Justice Barnard Of Circuit Court No. / for
writ Of habeas corpus. on the ground
that the law is unconstitutional. After the
necessary order was signed the defendant
a, 49,
1t has been anticipated for some time
that an effort of this kind would be made
through the use. Of the writ Of habeas cor
pus. Former efforts to get the matter to
have failed. and that tribunal has never
been called on to pass on the constitution
atty of the smoke law. 1t Is expected,
however. that this effort will be successful
as fntimattons are said to have been made
by those In authority that it would go
through.
Previous Test Cases.
In the first attempt to get The smoKe law
before the Supreme Court writ of error
was obtained in a case against the Potomac
Electric Power Company Lindley E. Sim
clair. manager. In that case 1t was held
that the Supreme Court had no jurisdiction
in the matter, the question being decided
in the Court of Appeals decision affirming
the Police Court. In the second attempt a
arguments In behalf of the District de-
feated the effort to have the case taken to
the higher court,
The writ of habeas corpus 1t to be en-
ployed this time, 1t being obtained on the
ground that the law is unconstitutional
This will bring up directly the question In
volved. Attorney George P. Hoover, who
with Attorney c. A. Douglass, will conduct
the fight, stated that he was fully confld-
dent that this effort would succeed and
that the law would be acted upon by the
Supreme Court of the United States. 1t Is
anticipated that the Supreme Court of the
District and the Court of Appeals of the
District, like the Police Court, will over
rule the dismissal of the case, based on
the ground that the law Is unconstitu-
tional, but that will carry the case to the
highest court in the land, the desired object.
History of the Case.
In this case, in which the fight will be
made, Mr.. Dodson was charged with allow
ing dense gray and black smoke to be
emitted from the stacks of the Godey's lime
kiln November 10 last He was tried
by jury on December l. in the Police
Court, and was found guilty of the charge
A motion for a new trial was then made
and the motion was duly filed, with the
reasons. The case was called up today
Judge Mullowny overruled the motion for
new trial and imposed a fine Of 500 OF
thirty days In jail In default 1t was then
explained to the court that steps were be-
ing made to carry the case to the Supreme
Court of the United States. The request to
have Mr.. Dodson turned over to the United
States marshal was made but, to facilitate
matters, 1t was suggested that Policeman
Hatton accompany him to the city hall,
where he could leave Mr.. Dodson in the
custody of the marshal while the further
legal steps there are being consummated.
This was agreed to and the party left the
Police Court shortly before / O'Clock