Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-07-16
CASES WITHIN LAW,
POTOMAC. CLAIMS
Have Legal Right to Make Ar
rests Mile From Town,
Officials Say.
Special Dispatch to The star.

POTOMAC, Va, July 16.--Asserting
that both he and local policemen are
within the law in prosecuting and ar
resting traffic law violators for offenses
committed within one mile Of the cor
porate limits Of the town, Mayor Walter
B. Fulton stated today that he has
nothing to fear from the American Au-
tomobile Associations threat to open a
legal battle in an attempt to wrest him
Of his judicial powers.
Action Follows Conviction.
The announcement that the associa-
ton would endeavor to prevent Mayor
Fulton from presiding as magistrate In
trials of traffic law violations and also
to prohibit Potomac policemen from
making arrests outside the corporate
limits was made following the convic-
ton of Joseph C. Manian OF 62l Nine-
teenth street northwest Wasnn 1sg9
Court here last night and the imposi-
ton Of a SIG fine.
It is the claim Of Charles e. Collins
and Albert E. Brault, members Of the
associations counsel, that Virginia law,
in fixing the salary Of the mayor, pro-
hibited him from presiding in traffic
cases. Collins stated that 1t is the
practice here for the mayor to receive
SO, the prosecuting attorney 81. the
clerk of the court 81 and each witness
so cents from such cases.
collins has an old statute OF the
State in mind" Mayor Fulton said in
commenting upon the associations bat
tie threat. 1--WE are perfectly within
our right in enforcing the law within l
mile of the corporate limits, and we
have nothing to fear. We will continue
our enforcement of the States traffic
law just as we have in the past"
Arrested Sunday.
Manian was arrested Sunday night by
Policeman NJ. B. Wright and George w.
Embrey on the River road between
Washington and Alexandria, and was
forced to leave his watch and chain,
which he valued at SITS, in lieu Of SIG
/ collateral to obtain his release. He later
returned with the SIS and claimed his
watch and chain.
Manian made report to the District
of Columbia division of the American
Automobile Association, and Collins &,
Brault appeared in his defense last
night when the case was called.
Both policemen testified that Manian
was driving at a rate of more than 40
They admitted that the arrest was
made outside the town limits.
BY virtue of their admission. Collins
sought two direct verdicts OF acquittal,
one on the grounds that the policemen
exceeded their authority in making the
arrest outside their jurisdiction and the
other on the ground that the Virginia
law prohibits the mayor from presiding
in traffic cases.
Walter u. Varney, corporation attor-
ney, explained that the officers actions
were justified because Of an ordinance
permitting arrests within a mile Of the
town limits and that the mayor also
was permitted to preside at the trial
because Of the town rule granting him
such authority.
Mayor Fulton dismissed the motion
for an acquittal and imposed the $l6
fine customary In speeding cases. Col
Inns noted an appeal, which cost
Manian IS more, and stated he intend
ed to carry the case to the highest
court in Virginia If necessary.
The case will go before Judge Howard
w. Smith in the Circuit Court for
Arlington County. The date for trial
has not been set.