The Washington herald., 1910-07-28

Mr.. Hendrick under arrest. while the
photographer snapped his camera. and
the populace, as represented by five
small boys, looked on admiringly.
Taken Before Court.
The populace also followed excitedly as
the constable gently bat firmly propelled
the law breaker toward the Office OF
Justice Of the Peace Hunter. Il look an
hour to find Mr.. Hendrick guilty because
every now and then proceedings were
stopped while the photographer got an
other picture. He took snaps Of the court
room. depicting Constable Barr in the act
Of giving damaging testimony. Of Justice
Hunter announcing the fines. and Of the
attorneys for the State in action.
"WIlfully and unlawfully operating an
automobile without having procured a
certificate OF registration, was the way
the first warrant read.
"Wmfully and unlawfuny operating an
automobile without having procured a
license TO operate the same" was the
second charge.
Attorney Ralston entered plea OF not
guilty for the prisoner. and when Con-
stable Barr had proved beyond the shad-
ow Of a doubt that Mr.. Hendrick was
guilty. his counsel moved that the war
rants be cuashed.
Attorney Ralston argued that the sec
tons dealing with the case are uncon-
stitutional because they are unlawful and
unwarranted attempts or the part OF the
State OF Maryland to regulate commerce
between the States. and that they impose
burden on citizens.
Complain of Discrimination.
He held also that they are unconsti-
tutional because they obstruct the right
Of citizens TO "free ingress" and passage
into a state Further. he claimed that
the Law discriminates against citizens Of
the District Of Columbia
He pointed out that citizens Of othr
States may come into Maryland in auto
mobiles for seven days twice a year
without obtaining licenses. but that peo-
pc who live in the District must get a
license even for a run Of an hour.
He declared the warrants were not the
proper exercise Of Maryland's revenue
powers, and that the statute under which
they were drawn is class legislation,
aimed at motorists only.
Justice Hunter promptly overruled the
motion. and entered the appeal in his
records. Attorney Ralston stated that the
case would be taken 20 the Circuit Court
the Supreme Court Of Maryland. and
finally to The Supreme Court Of the
United States, If necessary.
The entire force OF the National Auto
mobile Association is behind the test
case. and Il will be fought 10 the last
ditch. Every motorist in the East VIII
watch for the result with interest.
Dodge the Law Returning.
The trip back 10 washington was made
over another road. because It would have
been rather embarrassing II some other
constable had decided 10 make an arrest.
It was also made under less arduous
conditions, as the sun was shining and
the roads were fairly dry.
But every one was satisfied with the
afternoons work. as the case Is now on
record. and there is no way 10 prevent a
complete test.
Mr.. Hendrick, who volunteered to offer
himself on the altar OF justice. is one OF
Washington's best known insurance men.
and is prominent in club circles He is
an enthusiastic motorist, and he made
the hazardous trip through the storm
yesterday with remarkable skill.