Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-09-15


Henry Evan Cotton, rector of St. Johns
Protestant Episcopal Church. Interment
will be made in Rose Hill cemetery, Hagers-
town. In keeping with the desires ex-
pressed by Judge Alvey before his death,
the funeral services will not be of an elab-
crate character. Since his retirement from
the District Of Columbia Court of Appeals
bench Judge Alvey has been living quietly
at his home in this city. He owned a
splendid farm near Williamsport. about six
miles out from Hagerstown, ard made fire.
quent tripS there.
Richard H. Alvey first chief justice of
the District Court of Appeals, was appoint
ed by President Cleveland April 10, 1893,
and on May following took the oath of
Office before Chief Justice Fuller of the
United States Supreme Court He presided
in the District Appellate Court for eleven
years and six months.
Owing to i'll health he announced his de-
termination in the fall of 1904 to retire
from the bench, as he expressed it. give
way to younger man."
He las. sat upon the bench December 80,
1904, when the occasion was marked by the
presentation by the bar of the District Su-
preme Court Of silver service in token
of the general esteem in which Justice
ment and regret of the lawyers at the
necessity of his retirement from the bench.
Owing to his long residence here the ca
reer of Justice Alvey has been on one Of un,
city. While living in Washington he made
many warm personal friends, who, with a
host of others to whom he was known only
by reputation, deeply regret his death. His
services on the District bench won for his
talents as jurist the highest appreciation.
Justice Alvey was born In st. Mary's
county, Md, in March, 1928, his father
being a member of an old Maryland family
of that section, located there since the days
of Lord Baltimore. He acquired his early
education in the public schools Of St.
cured position in the clerks Office in
Charles county, he began the study Of law.
In 1s49 he was admitted to the bar. and
moved from his home in Charles county to
Hagerstown, where he began the practice
of his profession in 1850.
In 1851 Mr. Alvey was a candidate for
the state senate from Washington county
on the democratic ticket, but was defeated
candidate. He was opposed to the resort
to arms in 1861, and early In June, 1862,
upon the arrival of the Union army in
Hagerstown, he was arrested at his Office
at night by a military squad upon the
charge that he was holding communication
with the enemy. After being kept a pris-
sent to Fort McHenry, Baltimore. from
there to Fort Lafayette, New York, thence
to Fort Warren, Boston harbor, where he
was held with other Maryland state pris-
oners until the following February, when
he was permitted to return home on parole
After the close Of the war Justice Alvey
was active in the fight for the restoration
of the rights of citizens of Maryland who
had been DISTINGUISHED. In order to rem
edy the evils of the jury system he draft
ed the present jury law and attended the
legislature of 1867 to work for its passage.
He was rewarded by seeing the measure
10 fho
constitutional convention was called. To
that convention Justice Alvey was dele
gate from Washington county, and he took
active part In all of the proceedings.
Under the new constitution he became can
didate for chief Judge of the fourth judi
cial circuit, embracing the counties Of
Washington, Allegany, and Garrett. The
election to this position made him one of
the judges of the Maryland court of ap-
peals.
Justice Alvey was reelected in 1882 He
became chief judge of the Maryland court
Of appeals upon the retirement Of Chief
Judge Bartol. In April, $685. he was ap-
pointed chief justice of the Court of Ap-
peals Of the District Of Columbia by Pres
ents received further recognition, when
President Cleveland, in selecting COM
mission to settle the boundary dispute be-
tween Venezuela and British Guiana, and
wishing for this position men of brain, tact
and wide knowledge, chose Alvey as one of
( the commission.
During the ten years of his service on
the bench of the court Of appeals of Mary
land, Justice Alvey delivered fully TOO opin-
ions. While chief justice of the Supreme
Court of the District of Columbia he hand
ed down 300 opinions. While serving as
chief justice of the fourth circuit, over
twenty-five years. he probably handed down
1000 opinions of the lower court. In other
words. Justice Alvey is the author of 1900
decisions.
Since his retirement from the District of
Columbia Court of Appeals. on January /,
1905. after continuous service on the
bench of the state and the United States
of more than thirty-seven years, Justice
Alvey had been living quietly at his home
in Hagerstown. In addition to owning sew
eral large farms in the county, Jutice AL
vey had other extensive interests, his en-
tire estate being valued at several hundred
thousand dollars. His second wife, who
was daughter of the late DR.. J. C. Hayes
of Washington county and the following
children survive: William. an official of
the Santa Fe railroad, living in Texas;
Frank. cashier of the First National Bank.
Beaumont. Tex; Mrs. Julia Worthington,
wife of Glenn H. Worthington, Frederick,
Nd; Richard H., jr., and Charles Alvey.
both attorneys-at-law, Hagerstown; Fred