Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1915-08-25
MAYOR WILL ORDER POLICE
TO ENFORCE JITNEY LAW
Advised by City Attorney That Judge
Keith's Order Does Not
Restrain.
EXPECT WHOLESALE ARRESTS
Traffic Sergeant Bradley Has Names
of Persons Who Operated Cars
Without Complying With Ordi-
nance-New Fight Is Expected.

Upon the receipt of an opinion to-
day from the City Attorneys Office.
/, holding that the supersedeas granted
by Judge James Keith of the Supreme
Court. does not prevent the city from
enforcing the new jitney ordinance,
Mayor Ainslie will issue order
directing Chief of Police Werner to
carry out the provisions of the or
dinance Wholesale arrests of owners
and chauffcurs OF cars being operated
in violation of the ordinance Will fol-
low. the police having the names OF
sixty or seventy under each head who
arc involved.
| Assistant City Attorney Anderson
last Thursday notified the attorneys
for the jitney people that cars would
he operated at the risk Of the owners.
pending an Investigation of tho force
and effect OF the supcrsedeas from a
legal standpoint. At the same time
names of all persons operating jitneys
who had not complied with the ordi-
nance. and the order OF the Mayor to
enforce its provisions Will apply to all
violations since the owners were put
on notice by the city authorities.
| CLAIM SuPERsEDEAS HAS
EFFECT OF INJUNCTION
The position taken by counsel for
the jitneys is that the supersedeas has
the effect of an injunction. restraining
the city from enforcing the ordinance
until the Supreme Court finally passes
on tho appeal. With no agreement
! in sight, another legal battle In the
courts Is in prospect to ascertain what
i Interpretation the Supreme Court puts
on the effect of a supersedeas.
| The conclusion OF the city's legal
staff that the police are not restrained
reached late yesterday afternoon. City
Attorney II. r. Pollard who has boon
! on leave OF absence, conferred with
Assistant City Attorney Anderson, who
has been In charge OF the legal fight
on the part Of the city to uphold tho
! ordinance. a letter, outlining the view
! of the City Attorney, was forwarded
! last night to Mayor Ainslie. and
| unication also mailed to O''la-
herty. Fulton &c Byrd. attorneys for the
jitney men. informing them Of the in
| depreciation by Mr.. Pollard and Colonel
Anderson of the effect of the super
sedeas granted by Judge Keith.
| When informed last night Of the in
tentton of tho city authorities to pro-
coed with the enforcement of the ordi-
nance. NJ j. Fulton. of counsel for the
jitney operators. said that he could
| mako no definite statement until his
firm had been formally notified by the
| City Attorneys office OF the ruling. He
| indicated that he and his associates
were firmly convinced that their posi-
tion is correct, and is supported by
! legal authorities.
CITY MAY DE CITED
FOR CONTEMPT OF COURT
1T is uncomfortable to u.s." said MIR.
| Fulton, that the city will attempt to
enforce an ordinance. the validity OF
| which Is being tested in the Supreme
Court. II attempts are made to arrest
any one protected by the superscdeas.
the city may be cited in contempt pro-
ccrdings. instituted by the petitioners
for tho appeal, or tho Supreme Court
itself may issue n rule citing the city
| authorities to show cause why they
should not be punished for tlisregardng
III" mandates OF tho court
I'VE had no Idea that the city would
incur further expense by forcing other
| litigation. especially when the jitucv
people have not defied the ordnance
but have proceeded with their lcg!ti-
| mate business entirely within the
| hounds Of what they have been advised
| Is the law. They have acted in good
faith all along. and have faithfully
] obeyed all court orders. we arc conf
dent In our contention that the order
granted by Judge Keith supersedes the
| final order of Judge Wells in Hastings
Court, Part n, dissolvine the tempo
! rary Injunction and have so advised
| our clients"
DEFENDANTS NIGHT ASK
FOR SPECIFIC INJUNCTION
In addition to contempt proceedings
| citing the Mayor. AS the head of tho
! city government TO appear before tho
| Supreme Court Mr.. Fulton said there
| were two other courses open to the lit
| ney people in the event arrests should
be made to-day An application might
| be made for further injunction, spc-
clfcally restraining the city from en-
forcing the ordinance pending the APP
/ peal. or the defendants might secure a
continuance of the criminal proceed
| ings until the Supreme Court had
passed on the validity of the ordinance.
Colonel Anderson contcnted himself
with the following statement regarding
the opinion forwarded to the Mayor:
| The City Attorneys Office has been
| satisfied that there IL nothing In the
contention Of the jltney people that the
| supersedeas granted by Judge Keith
| prevents the city from enforcing the
! ordinance"
Traffic Sergeant w. L. Bradley said
| lns: night that there were not az many
titneys out yesterday as usual, hut that
he and his men knew the Identities OF
practically all who had been run
ming cars without complying with the
new regulations. If the contention Of
tho jitncy people is upheld as 10 the
| effect OF the supersedeas only those
who are parties to the suit would benc-
! 1T