Evening star., 1917-09-29

4
held that the whole application made
| for an insurance policy must be de-
| livered with the policy, and that If the
! company failed to do this it could make
false statements made in the applica-
| ton.
Other Victories in Court.
He succeeded in having the Court of
Appeals consider and decide that all in
surance contracts where the applica-
ton Is made in the District are subject
to provisions of the law requiring that
applications be attached to policies and
that this provision applied to associa-
ttons and societies as well as strictly
life insurance companies
A case in another field, which attract
ed wide attention. was that involving
large New York corporation, operat-
ing in scores of cities, including Wash
ington which was organized as a joint
STOCK ASSOCIATION and not according to
the usual method of Incorporation. In
view of the fact that the law requires
service OF papers upon an individual in
order to hold him liable for any wrong
done, and service upon an agent is only
allowable in case of a corporation. this
company had forced settlement in
many instances for a comparatively
small sum because the service of papers
would have had to be made upon trus-
tees who could only be reached in New
York
In this case Mr.. Gardiner obtained a
decision that in the case of q Joint
stock association all stockholders were
liable to service. and upon failure of
the association to provide tn. list of
stockholders he obtained a Judgment
Other Notable Gases.
Gardner has been a prominent figure
One was the series in which he argued
that real estate operators cannot legal
ly represent two parties to a contract
The other was that relating to the plea
made in cases of street car accidents
where 1t was sought to show that mo-
tormen should not be held responsihle
il they had not seen the persons IN
jured.
Mr. Gardiner obtained decisions to the
erect that the motormen could be held
responsible If there was a reasonable
certainty that they should have seen the
person or vehicle crossing in front Of
their cars
MI Gardner is not affiliated with auy
.Iade bodles nor IS he member of any
land Park Home and Community Asso-
cation and the Connecticut Avenue Citi-
zens' Association.
FOR a time after he came to Wash
ington In 1895 Mr.. Gardiner maintained
voting residence In Maryland. hut he
has not voted there since 1909 He is a
democrat. Though he has held no nub-
lie once he was prominently mentioned
for the position Of United States attor-
ney for the District of Columbia VIII,
that Office was vacated by Clarence r
Wilson. -
Mr.. Gardeners law Offices ara in .ba
Woodward building. and his boma is ~
1888 Newark street. Cleveland PARK
He Is known as an indefst;p.h,
worker. ana his working hours have
oeeh devoted almost exclusively to the
practice of law. 'ie
Brownlow Glad to Welcome Him.
Il have known Mr. Gardiner nleas.r+
~ for long time" said Commissioner
n.o"hio" thls afternoon. when inform
eo OF .he appointment. II shall be de-
hghteo 10 nave him as colleague
Ben l.. Prince, tax collector wbo hos
| been regarded as the most likely .nc.
cessor to former Commissioner New
man, was not at the District butldine
when announcement OF the appointment
| was made.
Had Mr.. Prince been appointed q
lively contest was in prospect over the
ming OF the prospective collectorship
vacancy. several candidates with
| 1t is not expected that MT. Gardiner,.
appointment will be confirmed in tims
Tor him to take a very active nart in
| the Work of framing the next estimates
OF the District. The budget is re-.
ouired by law to be completed and
transmitted to the Secretary Of the
Treasury by not later than October <
Commissioner Rrownlow and CO 40
Knight have been engaged on tbis
work for some time. and there ia M tnS
dicatton that the task will NOT h.. go,
pleted by that date. eoi'i-