Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-01-29
nv REX COLLIER.

.rhe determined fight Of the Ameri-
Ian Automobile Association against M
eouities of the so-called, fee system OF
csrnpensating magistrates in traffic
cases has met with signal victory IN
Virginia.
ALTHOUGH defeated in the specific test
case aimed at Virginia's half-fee sys-
tenn. under which magistrates receive
only half their regular fees in the event
of'acouittal of a defendant, the aSSocia-
tion is iubilant over the inclusion in the
courts decision of a Recommendation
that the half-fee plan be abolished.
v, Would Amend Code.
In its decision, just handed down, the
Virginia Supreme Court OF Appeals
stated:
I'VE think the Virginia statute. Sec
ton S5o4 of the code, should be so
amended that the justices, police jus
tipre and mayors of towns will receive
id all cases charging a violation OF
town or city ordinance or State law
tie same fees where the defendant is
acquitted that they receive where he Is
Convicted.
1--WE respectfully refer this suggestion
ID the General Assembly of Virginia for
s,Ith action as they may deem wise In
tie premises"
Thus while the court directly denied
the plea of the association for writ OF
prohibition with which to tie the judi
cial hands of Mayor william Kleysteu-
Der of the town Of Potomac, in Airing
ton County, the superior justices indi-
rdetly upheld the contention of the
motorists organization that the half
f4 system for acQuittals is vicious"
aid loaded with potential injustice to
uftorists.
May Go 10 Highest Court.
sThe test case, which even yet may be
c3ried to the United States Supreme
curt, arose over the arrest and con-
wilton in Potomac of Alonzo Brooks,
c4ored chauffeur for a member of the
three AS. on a charge of speeding.
Brooks was fined $40 and assessed
cSts of $40 by Mayor KleySteuber. who
ts4clothed with magisterial power under
aNirginia statute.
Mayor Kleysteuber received So of the
cots. in accordance with Virginia law.
n-he had acquitted Brooks his fee
would have been only sl.50.
It was this inequality in fees that
Led the Automobile Association to take
an active interest in the case. without
contesting the specific charge Of speed
ing, the association appealed to the Ar
lington County Circuit Court on the
grounds that Mayor Kleysteuber. by
reason Of the lower fee in case Of &C.
Quittal, had a pecuniary interest In
convicting the defendant and on the
further grounds that the mayors posi-
ton as chief executive Of the town and
ut the same time as judge was sin
consistent" because of partisan" in
terest in enriching the treasury OF his
town.
Mayor Is INDICATED.
The Richmond high courts decision
was q vindication Of Mayor Kleysteu-
her, in that It upheld the fairness of
the trial accorded the chauffeur. but the
recommendation 70 the Legislature that
the whole fee system be changed was
prima facie evidence of the courts con-
vtction that the half-fee system law is
fundamentally unsound
The American Automobile Association
was so eiated over this admission that
Il has as yet given little thought to the
suggestion IN some quarters that the
test case be carried TO the highest
court In the land. A decision In this
connection probably viii be made with
IN o few days by c. c. Collins. attorney
for the association, who had handled
the Potomac case from its inception.
The association. IL Is known. has
been hopeful Of an opportunity to pre-
sent the fee system question to the
Supreme Court, with view to ending
the constantly recurring controversies
IN the several States where such sys-
TENS stin prevail
The association Is fully cognizant OF
The attitude Of the Supreme Court as
expressed In Its decision In the famous
case Of Tumey vs.. Ohio. In which
The high court ruled unconstitutional
Ohio's system Of providing no compen-