Evening star., 1929-10-06
FIGHT ON VIRGINIA
AUTO PLATES Up
U. S. Supreme Court Calen.
! dar Gets Cases of Local
[ Importance.

The question OF whether the owner
/. has the right to operate an automobile
on the streets of Washington under
5 Virginia license after his District per-
NIT has been revoked and a controversy
!, hinging on the rights of tenant under
: the District code are the issues in two
2 of several cases of local importance
pending IN the Supreme Court OF the
United States. The court begins its
Fall term tomorrow.
: The District Commissioners have
asked the court to review the decision OF
/, the Court of Appeals holding that
Charles II. Fred, alias Hamilton G. Fred,
] had the right to operate an automobile
gd Washington under Virginia license
after his District permit had been re-
5 yoked. The Commissioners declared
: that should the ruling be permitted to
stand citizens here would have no pro-
Ftection against drivers who on the re-
: vocation OF their permits here could
step out of the District, register their
automobiles in g neighboring State and
operate their cars on the streets Of
Washington Ito their hearts content"
81 Tenant Custer Up.
! Whether a tenant, under the District
code, can be ousted without 30-day
tnotice in writing, upon failure to pay
back rent, question of considerable
importance to owners of property, is at
issue in controversy raised by Harold
m. Smith, who refused to surrender an
department. in the Portland Hotel unless
given such notice.
I A suit was brought by Pauline V.
) Boyer. operating the property to ouSt
Smith in January. 1928. His lease had
expired in September, 1927, and the
plaintiff claimed he owed her $242, four
thci &c
s tained Smith in his contention that
under the District code. he could only
be ousted on written notice to vacate.
S Other cases of local interest are the
following:
Effort by Frances and Lulu K. Perry
to obtain Judgment against the Capt.
! tai Traction Co. for nervous shock
which they alleged had been caused by
i. a collision between their automobile
and a street car at the corner Of Con-
4necticut avenue and Woodley road, the
District courts having held that
4. nervousness and shock resulting from
such an accident were not sufficient
grounds for awarding damages.
q Right to Trade Name.
: Whether Alfred Klesner had the
right to continue in business here I'M
der the name of the Shade Shop"
after the Federal Trade Commission
. had ordered him to STOP holding that
the use of the name constituted unfair
methods of competition because the
name had previously been adopted and
used by another store, the lower courts
having sustained Klesner'S right to
Use the name on the ground that it
NaS descriptive of his business, and
could be used by all engaged in that
. business.
Claim of the Chesapeake r. Potomac
: Telephone Co. against the Government,
! seeking to recover approximately $780,
600. lost by the company in providing
a additional telephone facilities for the
: War DepaCEnent at 1913 F street,
where the Government set up private
exchange during the World War. The
company contended it had installed a
new switchboard at cost Of approx
mately 100000, most of the loss
claimed having been suffered in dis
: posing of it when the exchange was
abandoned. but the Court of Claims
/: held that there was no contract under
: which the company could hold the Gov
ernment for the loss.
Will Fight Scheduled.
Attack by William T Graf and other
nopheWS and nieceS of the late Percy
Metzger of this city to break his WILL
under which the bulk of his estate,
estimated at approximately $4,000,
ultimately would be used to establish
and maintain here a hospital for
crippled children, the courts of the Dis
trict having sustained the will, par
ticularly that provision relating to the
Children's Hospital.
Validity of an assessment against
Georgiana Thompson and other abut-
ting property owners to cover expenses
incident to the extension Of Lamont
street near the Zoo, the District courts
having sustained the property owners
in their contention that the District
had failed to open Lamont street. The
District Commissioners insisted that the
property purchased had been taken to
open vista TO the Zoo and provide
access to it, denying that it was in
tended to extend Lamont street.
Doctor Seeks Reversal.
Attempt by Dr. Edward j. Cunning
Of this city to set aside verdict Of
$4,000 awarded Gertrude L. Cooley by
the lower courts for injuries alleged to
have been caused by the use of harm
ful solution in the treatment of her
ears, DR.. Cunning contending that the
trial court should have dismissed the
suit without submitting it to the jury.
While the Court of Appeals sustained
the verdict, Justice Van Orsdel severely
criticized the practice prevailing here,
asserting that trial judges here should
cease to be mere automatonS." and
declaring that verdicts should be based
upon substantial issues of fact rather
. than mere caprice or sympathy
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