The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1922-12-15
SIT IN JUDGMENT
ON 2-CENT PIECE
British Law Lords Give Grave
Consideration to Appeal
OF Scotsman.
WINS A FAVORABLE DECISION
May Sue Traction Company, Whose
Conductor Refused to Accept Bat
tered Coin Offered in
Payment of Fare.

London.-The five law lords, consti-
tuting the house of lords. in session
as the supreme court of appeals. sat
around in solemn semicircle Lord
Haldane sat in the place Of lord chan
cell0r upon the woolsack, with the
throne itself behind him. Lord Fin
lay and Lord Cave sat upon his right
Lord Dunedin and Lord Wrenbury
upon his left. In the magnificent
chamber, its red benches nearly empty
except for group of lawyers and
officials near the entrance, the five
law lords, in grave tones befitting
their high function, read out their
learned judgments one by one. Nota-
BILE documents these, in which the five
cOncurred in one decision, Astounding
in such pOrtentous words as torts.
malfeasances, condescendences and the
like.
Clearly a landmark this, in the his
tory of the development of the law
of England. What grave matter was
thus engaging the earnest considera-
ton of the noble and learned lords?
some great township, or the destiny of
some estate of millions?
My noble and learned lords, in point
of fact. We're talking about a penny
a twO-cent piece. 1t sounds better
translated into American currency.
My Lord Finlay seems to think some
thing the same himself, for through
ind hn RI
as a penny" but as penny piece"
or "a COIN Need 1t be said whose
penny it was; that had been carried
up all the various steps of the law into
the house of lords? 1t was a Scots.
mans penny.
Conductor Refuses Penny.
Almost two years ago one John.
Percy climbed upon a street car in the
city of Glasgow. He rendered to the
fare a penny which was slightly
marked and indented. 1t was, in fact,
a penny which John Percy had him.
self received earlier in the day from
another conductor, and he determined
to return it in the way by which 1t
had come to him. The conductor, how
ever did not like the looks of the
penny, and demanded another in its
place. John Percy said 1t was good
enough and refused to give another.
An inspector was called to reinforce
the conductor, and still John Percy re-
fused.
Finally he was marched off to the
police station on a charge of refusing
to pay his fare. He was kept there
only ten minutes, but this was long
enough to fire him with determination
to see Justice done between himself
and the Glasgow corporation, which
owns the street cars.
John Percy then commenced an &C
ton against the corporation for 49,
900 damages on the ground that the
actions of the conductor and Inspector
had been injurious to his feelings and
his reputation. He lost the first round
of his fight in Scotland when the court
of session dismissed his claim, on the
ground that the corporation was not
responsible for these actions of its
employees.
One "Bonnie" Fighter.
But John Percy is evidently What
they call in Scotland 'bonnie fight
err" and he carried his case up to the
house of lords. He did not pay his
railroad fare to London for the pur-
pose. nor is he being put to any eX-
pense in the costly process of suing
before the highest court of appeal He
has taken advantage of the legal pro-
vision which permits a poor person
to set the law in motion at the states
charge if he sues in form2 pauperis.
And now the house of lords has decid-
ed in his favor.
Whether John Percy's penny really
WIS good or no better than it should
be is still not decided. What the law
lords have ruled is that the corpora
ton can be sued upon mistake made
bv the conductor and inspector. That
is enough for John Percy. 1t may
be added. as matter of historical in
terest. that of the five law lords who
upheld John Percy in his fight for his
two cents three are Scotsmen.-
Ware B. Wells in New York Tribune.