Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-11-07
GOES TO HIGH COURT
Direct Appeal Taken in Greq-
ory Trading Stamp Case.
FOR HABEAS CORPUS WRIT
Jail Sentence Imposed on Refusal
to Pay 500 Fine.
MEANT AS TEST OF LAW
Program Agreed Upon by Attor-
news Interested in Case-Applica-
FOR HABEAS CORPUS WRIT
MEANT AS TEST OF LAW
Program Agreed Upon by Attor-
neys Interested in Case-Applica-
tion for Bail Is Made.

The final struggle between the District
authorities and the trading stamp con-
Germs was started today. when Walter j..
Gregory. representing the Sperry and
Hutchinson Company, was sentenced to
serve five months In jail by Judge Null
lowny in the Police Court. Shortly
thereafter his attorneys. A. s. Worth
ington and Frank J. Hogan. appeared ia
the United States Supreme Court where
they made application for permission t.
file petition for a writ of habeas corpus
on the ground that the Police Court is
without jurisdiction in the matter and
that the conviction is Illegal.
The application was opposed by
Corporation Counsel Edward II. Thorn
as. The matter was taken under ad
visement by the court, and 1t is ex-
pected that nothing further will be
done until Mr.. Thomas files his brief
protesting against the issuance Of the
writ. Mr.. Worthington and MIR. Hogan
filed brief in support of their motion.
Application for Bail Ponds.
An application was made for the re-
lease of Gregory on $1.5O0 bond pend
ing the courts decision. This was not
acted on. and it Is expected that no
action will be taken until the brief of
the corporation counsel is filed.
Had Mr.. Gregory paid a fine of $ioO
he would not have been sentenced to
Jail, but easy as that procedure might
have been, it would have spoiled q care
fully worked out program on the part OF
the attorneys for the trading stamp
company. 1t was planned weeks ago to
accept q Jail sentence, II one were given.
&c. Nt,At eHn n
would be clear for an application for
writ Of habeas corpus.
Now that much Of the program has
been carried out.
The law under which Gregory was SEN
fenced is a short paragraph OF the CODE
prises" In the District shall be consid-
cred illegal. Under that paragraph the
corporation counsel has been fighting the
Sperry & Hutchinson Company and the
Economy Cooperative Voucher Company
in this city for more than year.
Kraft Case to Wait.
Tue case OF William 4. Kraft, repre-
senting the second compansS is sstiif'to be
disposed Of, but not until the decision
OF the Supreme Court is announced.
The case against Gregory was before
the Police Court today on the mandate
of the Court OF Appeals. which directed
the Police Court to try the case after
the information had once been quashed
on the ground that the Police Court had
no jurisdiction.
The proceedings in the Police Court TO-
day lasted but a few minutes. Ihe
Court Of Appeals mandate made neces-
sary the verdict of guilty and the sem
tence and other details We're agreed on
recently at q conference between the at
tornys and Judge Mullowny.
Arrested in December, 1909.
Gregory and Kraft were charged with
violating the gift enterprise law Decem-
ber IS, 1gn before Judge Mullowny.
Several days later the defendants filed a
motion to ouash the informations on the
grounds that tine Police Court was with
out jurisdiction and the law under which
they were charged was unconstitutional.
January -. 1910, the court grant u
the motion of the defense, and an ap-
peal was taken by the legal repre-
-entative of the District May II o:
the present year the District Court o
Appeals reversed the decision of Ju'lge
MuIlowny The case then went 10 the
United States Supreme Court. which
upheld the decision of the Court OF
Appeals The mandate sendii the
cases back to the Police Court for fur
ther disposition was issued the latter
part Of October.