The Washington herald., 1912-08-10
COURT IMPOSES
S|xTY-CEhT FINE
Mount Rainier Contempt Case Dis
missed BY Judge Fillmore
Beall.
MAYOR AND couNcnMEN
TECHNICALLY GUILTY
Seats in Upper Marlboro Court
house Covered with Dust
Of Many Days.

After receiving the admonition Of Fill
more Beall, associate judge Of the Circuit
Court of Prince George County. following
the hearing Of the Mount Rainier IRE
CALI contempt case yesterday 1T Upper
Marlboro. Nd. Mayor Joseph Theophilus
Kirk Plant and the four town Council
men were permitted to depart In peace
by promising to pay the costs Of litiga-
tion-an amount in the neighborhood OF
s.. or less than 50 cents apiece.
Judge Beall stated that the Mayor and
Councilmen were in all probability tech
nically guilty Of contempt. but explained
that the evidence In the case did not
disclose any intent willfully to defy the
order of the court. In view Of the
fact the rule was discharged. The court
told the respondents that the orders of
the tribunal were sacred and must be
obeyed. He urged them to cease the
strife in their community. and expressed
the hope that they would not repeat
their actions of the past. The court con-
clrded its brief admonition by ordering
the Mayor and Councilmen to bear the
expense Of the proceedings.
Both Claim Victory.
The decision Of the court was well
coined as a victory for both sides. Every
one of the petitioners declared the So
luton of the problem a wise one. Coun-
Sci for Robert E. Joyce, former Mayor
OF Mount Rainier In his closing address
stated that he would be satisfied IL the
court would reprimand the respondents
and lay the expense Of litigation upon
them. And the court did 80. Counsel for
the Mayor and NCouncilmen prayed that
the case be hence dismissed" and SO was
1t ordered. So both sides won.
1t was a party OF about fifteen Of the
prominent citizens of Mount Rainier
who accompanied the Mayor and Coun-
cilmen to the courthouse When. the
Mount Rainier delegation entered there
was q thick layer Of dust covering the
dark. wooden benches. Inside the bar
tall stepladder stood at the side of the
bench of justice. o.
Fighting Bob" Joyce was represented
by Attorney Charles Benedict Calvert
Attorneys William NJ. Levin and J. Enos
Ray appeared for the Mayor and the
Councilmen, excepting Warren W. James,
Joyce supporter. who was without
counsel. After Judge Beall had blown
the dust of his desk and chair and had
seated himself. Attorney Ray announced
that he had filed an answer to the reti-
tion Of Mr.. Joyce. Mr.. Calvert immedi-
ately moved that the matter be heard on
the rule and answer
Proceedings Open.
The former Mayors attorney started
to state the case, but was interrupted
by Mr.. levin. who contended that the
answer should be read first OF all. The
court sustained him, and the reply to
the petition was read. It admitted that
the Council passed q re-registration Or
der postponing the special recall election
beyond the forty-day limit set by the
court. but added that the action was sub
sequently rescinded and that the election
was held as originally planned.
The answer stated that the re-registra-
tion order was passed upon the advice of
Corporation Counsel Morton C. Harmon.
who was Of the opinion that a new regis
tration was required under the charter.
1t was pointed out that the Corporation
Counsel had advised the Mayor before
learning of the contempt proceedings to
rescind the order. Upon this statement
Of the case the respondents prayed that
The case be hence dismissed"
Calculating Costs.
1T is nothing more or less than right
that you should pay the costs"
The clerks had some difficulty cal
culating the exact costs, and it was de-
cided to render a decision next Monday.
Oficials of the clerks Office expressed
the opinion, however. that the expense
would be slightly less than s..
II am the happiest man in Mount
Rainier" said Bob" Joyce last night. II
have gained my point, which was to oust
Councilman Elliott and seat G. W.
Hughes. The contempt proceedings were
filed with a view. to ;nsuring the hold
ing of the special election"
Attorney Calvert said yesterday he Is
now collecting evidence with a view to
instituting proceedings against those per-
sons who participated in the indignation
meeting held last Monday night for the
purpose of ousting him from the COM
munity.
The Councilmen who appeared before
the court yesterday to show cause were
Warren w. James, Fred Weber, Thomas
c. Elliott, and Francis NJ. Proctor.
II am seventy years Of age" said
Councilman Proctor just before the hear
ing began in a tone of sadness. as IL he
actually saw the shadow Of the prison
house upon him. 'and this is the first
time that I have ever been jerked up
- sk,N II ,a,,r1