Evening star., 1922-08-30
TRIAL Of "BO0K|E"
CASES IS DELAYED
Judge MattingIy Postpones
Action Pending Decision on
Jurisdiction issue.
COURTS HANDS ARE TIED
Matter May Be Appealed Again If
Defendants Lose Present
Fight.
COURTS HANDS ARE TIED

The possibility or probability OF an
early taking up of the many hand
book cases that have accumulated
the past year in the office of the as
sistant district attorney OF the United
peared yesterday afternoon.
1t had been planned by the assistant
district attorney having the cases
in hand to start very soon with
trials. But the turn that came about
yesterday makes the early trial Of
these cases remote possibility.
Following disposal of the most ur-
gent cases yesterday. Judge Robert
Mattingly took up the case Of Nor
man s. Bowles, a former attorney and
member Of the District of Columbia
bar. who was arrested In February
last, charged with handbook making.
and who Is out on bond. the case ;hav-
ing been set, by agreement. for argu-
ment as to the jurisdiction of the
court.
T. Morris Wampler appeared for
the defendant and the government
was represented by Frank Kelly and
David Hart. assistant district attor-
|neys.
When the court reconvened in the
afternoon Assistant District Attorney
Kelly. in opening his argument prep
atory to filing an elaborate brief, sug-
gested to the court that he would not
argue the case, but would submit his
brief to be considered by the court
with all the facts brought out in the
argument by Mr.. Wampler, counsel
for defendant
Attorney Wampler agreed that the
case that has gone up to the District
of Columbia Court OF Appeals. in
tK-h iah ha .
Identical principle for which he con-
tends in the BowIes case-the lack Of
Jurisdiction of the Police Court to
try any case in which the punish
ment Is hard labor. or infamous pun
ishment, and that the appellate court
sue. Then 1t was that Judge Mating
ly suggested that as the question Of
the right Of the Police Court to as
sumo Jurisdiction in such cases was
before the District of Columbia Court
of Appeals, it would be unwise, and
case at bar The proper thing to do,
in his judgment. would be to have the
Bowles case go over for fnal adju-
dication until such time as the Court
Of Appeals should hand down its de-
cision and settle the question of the
jurisdiction of the Police Court in
such cases.
After some brief discussion Of the
proposition 1t was mutually agreed
by the court. the government and
Mr.. Wampler, for defendant, that the
argument in the case should go no
further and the case go over until
after the opinion of the District of
Columbia Court of Appeals In the
case involving the principle at issue
has been handed down.
Prominent members OF the bar in
terested in handbook and whisky
cases. following the new turn OF con-
ditions brought about In the Bowles
case. expressed the opinion that q
long period will elapse before any
of the handbook cases are brought
to trial. 1t Is pointed out that if the
decision Of the District Of Columbia
Court of Appeals sustains the juris-
diction OF the Police Court to try
these cases, then the defendants will
take appeals to the United States
Supreme Court. which means . year
or more before they can be reached.