The Morning Tulsa daily world. [volume] (Tulsa, Okla.) 1919-1927, 1921-08-12
RAP OFFICERS FOR.
.RAILR0ADING MAN
District Judge Releases
Auto Owner Without
License Tags
IMPROPER PROCEDURE
Justice Of the Peace and
Three Officers Come in
for Calling Down

-..f.o II. J. Gray and Il. r..
corIe Fay Warren and H. W
Coola special enforcement officers
from The highway department were
ssy, .eIy called down Thursday
m District Judge Redmond s. Cole.
dlru- tho hearing on a habcas cor.
,ga petition presented by J. A. Law
son The officers and the Justice
NJ tH. peace were sharply criticized
for ,na methods which have been
t,s-l .u The apprehension and prose-
Suti .1 ~ violations Of the state auto
lcera. laws.
. lawson. grocer or Red Fork. had
becr arrested for having only one
lf,r.. Tag. lie was fined >36 by
luaf.. GRAY He didn't hay' the
ru.,. but paid $i2 at that time.
pror.sIug 20 bring IN the rest. In
stead U. got lawyer and asked for
a t.t. Justice Gray committed
him t. Jail for the nonpaymcnt Of
The So due on tho fine and Law
sor mwodiately filed a habeas cor
nus petition
m.,sc Cole dismisSed Lawson and
granted tho petition on the ground
hp ta.l. that man could not be
PLACID .u jail for not paying fine
unless lt the time the fine was as
sfs..I 10 was also ordered that the
person fincd be placed in jail until
,he fine had been paid. Unlcsa such
wa 'ac case, Judge Cole said, put
ting man in iail would he the
slmc ls locking him up for not pay
ing debt, and that was contrary
10 law.
other Tag in Car.
Testimony " Lawson was that he
was arrested by T.. r. Goode and
t,k.n before Justice Gray who fined
Vim without reading the informa-
,ku on informing him OF his rights.
lawson said that he explained to
the officer that the other tag had
JUS. come off fact the defendant
Ri3 that he showed the officer the
other tag lying on the floor of the
car The car also had only been I'm
this state 2j days. Lawson said.
Judge cole said that here the Off
Ger Dummitted another error. as a
car could be in this state 60 days
without taking out another license.
Judge Cole asserted that the law
was ~ prosecute willful violations
and not to collect fees. Lawson. he
said, IN all proba bilIty was not gull
".
Too. the district Judge said. talk
cd with violating the auto statute.
must ho Informed of their rights
the same az in felony cases. Accord
Ing % Judge Cole, .hey must be
told that they are entitled to trial
by jury; the information must be
read 20 them; that they have "a
hours in which to enter a plea and
have right TO employ an attorney.
Couldn't Remember.
Justice Gray testified that he read
the Information and asked Lawson
whether he was guilty or not guilty
hut be said that he couldn't re-
member whether or not he informed
lawson OF the other things mem
toned by Judge Cole.
After lawson had been dismissed
he made demand upon Justice
Gray for the sl2 which he had paid
It was given him. A few minutes
later the justice issued another in
formation against Lawson charg-
ing him with on August 0 driving a
car with only one license tag. How
ever, he explained that he had not
yet ordered LawsOn's arrest and
lwouldn't until he had further look
'ed up the law.
Records of Justice Gray AMI Jus
tice $. G. MaNcy show that In about
six weeks 800 cases OF violation OF
the license law have been filed in
the formers court and about sixty
five cases before Justice MaXey.
The usual fine is $25 and costs or a
total Of s36 At this rate the total
amount OF money collected is acound
10000 and testimony into iuCel
Nat the haheas corpus heartry was
mat The officers receive onc-tour;h
ot the fine and the rest Is divided
oelween the justice the county az
iorney and the county road fund.