The Washington times., 1911-04-24
DENY JURISDICTION
Of SUPREME COURT
IN OCCOQUAN CASE
Commissioners and Superin-
tendent Answer Totten
Suit.

The Commissioners and w. II. Whit
| taker. superintendent of the institution,
in an answer filed today by the Cor
poration Counsel. deny the jurisdiction
| of the Supreme Court Of the District of
/ Columbia in the suit brought by Howe
Totten for an injunction to prevent the
prisoners at the workhouse at Occoquan,
Va. from working on the roads.
The suit is set for hearing before JUS
! tice Gould, in the District Supreme
Court, tomorrow.
Mr.. Totten alleges that residents of
Occoquan and the surrounding neigh
borh bod are constantly terrorized by the
presence of the convictS, and claims
that solely to avoid bodily injury, which
he feared would result by reason of the
establishment of the workhouse and the
lax management thereof, he has been
compelled to abandon his home and live
elsewhere.
Mr. Totten has entered suit. also,
ground that the value of his property
has deprecated because of the prox-
unity Of the workhouse.
The Commissioners deny the tdrisdic-
tion Of the Supreme Court Of the Dis
trict of Columbia to grant any writ or
order any process to issue, which to be
effective must operate beyond the terri
torial limits of its Jurisdiction, the work
house being In Virginia.
They say they have never received a
complaint from any resident in the VI
cinity Of the workhouse with respect to
the management thereof, except from
the plaintiff. Howe Totten.
Concerning the presence of convfcts on
the roads an answer is filed by Superin-
tendent Whitaker in which 1t is denied
that any inmates have been permitted
to appear in the public highways un-
guarded, except in the caae of one
"trusty," who for a dime was permitted
to go to and from the railroad station
with the daily mail. This, 1t is said, Is
not now permitted.
Reference is made by Superintendent
Whitaker to a number of affidavits
filed by residents and owners of prop
erty in the vicinity and on all sides Of
the workhouse tract in which Ii is de-
clared that no injury has resulted TO the
neighborhood by reason Of the eStab-
lishment Of the workhouse.
II is further stated that large num-
ber of the residents, many of whom are
women and children, unattended by
male escorts, are in the habit of visit
ing the workhouse grounds and attend
ing church there on Sundays.
Superintendent Whitaker states that
he does not know of single act of
depreciation by anw of the prisoners
and that of the 1,300 who have been
discharged, many have secured employ
ment in the neighborhood.
mo specific acts of violence, depre-
dation, trespass or molestatfon are
charged in the BILL says Superin-
tendent Whitaker, 'and this defendant
believes that the alleged apprehension
of the plaintiff and his family to be
unreasonable and not justified by a sin
gle instance of injury to person or
property by the inmates of the work
house in his neighborhood."
The case will be argued before Justice
Gould. in Equity Court No. 2, temor-
row. Corporation Counsel f. H. Thomas
and Assistant Corporation Counsel
James Francis Smith will appear for
the Commissioners and Superintendent
Whitaker Mr.. Totten Is represented
BY Attorneys A. S. Worthington and
Charles L. Frailey.