Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-03-22
VIRGINIA FEE LAW
TEST CASE BEGUN
Jurisdiction of Mayor of Po-
tomac in Speeding Charges
Is Challenged.

Challenging jurisdiction of Mayor
William Kleysteuber of Potomac
Va. to try speeding cases sitting as
magistrate in the Town Court there
Attorney Charles c. Collins of the
American Automobile Association
representing Alfonzo BROOKS cnau
feur of an association member
charged with speeding, last hlght III
that court set on foot the hrst test
case to determine whether magls
trates receiving halffees IN event OF
acquittal are within the ban OF the
United States supreme Court de
cision recently. declaring Judlclal
officers disqualified from trying cases
in the outcome of which they have a
pecuniary interest
Mr.. Collins contention was that the
mayor was disqualified on two
grounds: First. because he is paid the
full fee only in event of convicuon:
and, secondly, because as mayor OF
the township he is interested lin rals-
ing the revenues for the township.
Climax of Campaign.
The development last night capped
the climax of a vigorous campaign
by the A A. A. against practices IN
the Virginia town. More than SIX
weeks ago the advisory board of the
District division of the A. A. a. had
adopted a resolution placing the board
on record "as being unanimously OPP
posed to excessive and eXorbltahl
charge for costs in that township.
The automobile association in inter
changes with the township already
had pointed to the fact that the
Is miles per hour sped limit on the
turnpike to Alexandria within the
jurisdiction of the town had been
made a method of raising town
revenues at the expense of motorists.
Mr.. Collins called attention of the
court to the recent decision of the
United States Supreme Court in the
case of Ed Tumey VS.. State of Ohio,
where the court said:
ut certainly violates the four
teenth amendment and deprives de
PENDANT in a criminal case of due pro
cess of law to subject his liberty or
property to the judgment of court
the Judge of which has direct per
sonal, substantial pecuniary interest
In reaching a conclusion against him
in his case.
In that case the mayor of an Ohio
town got a fee when there was con-
viction. but none when there was an
acquittal.
Mayor Denies Decision Applies.
Mr.. Collins pointed out that there
must also be some interest in the out
come of the case so far as a judge is
concerned when the judge gets only
half as much upon acquittal as upon
conviction.
Mayor Kleysteuber told him the
court in which he was appearing was
outside the ban of the fee-system de-
cision. Walter L. Varney. corpora
ton attorney, then took up the argu-
ment, stating that so far as the com
monwealth of Virginia was concerned,
the pleading might have merit, but
that the system appertaining in Po-
tomac was full fees for conviction or
acquittal, regardless.
Section of chapter IL of the
ordinance code of Potomac, Va, stipu-
lates that the mayor shall receive the
same fee in prosecution of violation
as is paid to justices of the peace in
like cases. Section 1904 of the Vir
GINA State statutes prescribes one
half the fee usually charged in cases
Of acquittal before justices of the
peace. according to Collins.
After CHANGING at the book of town
ordinances, it was agreed to overruie
the motion and note an appeal, thus
making the case a test case. Brooks
was convicted, when no evidence was
put on by the defense, and fined $40
plus SO costs.
Collins today was preparing a brief
to take the case up to the Circuit
Court of Virginia for that jurisdiction.
In backing UP his contention that
the mayor since he was in an execu-
tive capacity, was disqualified, Col |
Inns today pointed to the working of
the Ohio decision, stating:
"a situation in which an official
perforce occupies two practically and
seriously inconsistent positions, one
partisan and the other judicial, neces-
Earily involves a lack of due process
of law in the trial of defendants
charged with crimes before him"
Virginia Law Mentioned.
Virginia law was specifically men
toned by the Supreme Court in it's
decision, when ii pointed to the fact
that ''in Virginia the minor courts
receive one-half of the usual fees
where there is acquittal."
The case last night is the first
move TO give practical effect nearby
TO the Supreme Court ruling. Collins
announced last night that he intended.
as a representative of the A. A A., to
take the case through the courts to
a final decision.