Evening star., 1931-12-19
LASH|NG PRISONER
RELEASED ON BOND
Attack on Legality of Ia
koma Court Sentence
Awaits Decision.
BY HOWARD M. BAGGETT,
Staf Correspondent of The Star.

ROCKVILLE, Md, December 10
Joseph c. Carlton, 36-year-old Takoma
Park carpenter, sentenced to 10 lashes
and 10 days in Jail by Judge A. L,
Wilson of the Takoma Park Police
Court following charges brought by
Cartons wife that he beat her, was
released from the Rockville Jail on a
writ OF habeaS corpus yesterday as
Judge Robert B. Peter of the Circuit
Court took under Amusement another
action which attacked the validity of
all OF the acts of the Takoma Park
court.
Attorneys for Reuben D. Day, con-
Vlcted by Judge Wilson of a motor
vehicle law violation and sentenced to
280 days in jail, who has also been re-
leased on habeaS corpus writ. yester-
Gay sought to have Judge Peter declare
the act of the Maryland Legislature
creating the court unconstitutional in
nearing on the writ before the Cir
cult Court. At the close of the pres
entatlon of arguments the case was
taken under advisement by the court,
put prompt decision was promised,
Que to the seriousness of the matter.
Not Charged as Wife Beater,
Carlton was released on $500 bond
provided by a friend. His attorneys
announced that should the Circuit
Court render them an unfavorable de-
cElon in their attack on the Takora
Park Court through the Day action.
they will take up the Carlton case on
the further grounds that he was not
specifically charged by his wife with
being wife beater," but that the
warrant was sworn out merely for
simple assault and that Judge Wilson
had no right to sentence him to the
whipping post on such charges
Judge Peter also announced today in
connection with the hearing of the Dav
case that any appeals from other de-
clslonS of Judge Wilson which are now
pending should be postponed until a
decision is rendered in the present
action. If the Takoma Park Court is
declared unconstitutional by Judge
Peter the case will automatically go to
the Court OF Appeals under the pro-
visions of the State law.
Five points were made by Attorney
Joseph c. CiSsel, of Whitcford g. Cissei
who brought the action, in the hearing
on the Day case yesterday. First, 1t was
contenGed, the act creating police
justice" for Takoma Park was uncOn-
stitutional, as it violated provision of
the Maryland Constitution which SAYS
that Judiciary powers shall be vested
only in the Court of Appeals. the Cir
cult Courts, the Orphans Court and
justices of the peace. Judges OF
juvenile courts, police courts and special
courts for Baltimore, it was COntended,
first were named justices of the peace,
which was not the case concerning
Judge Wilson.
Method of Appointing Attacked.
Secondly. Attorney CLsSel argued,
the act limited the powers of the Gov
ernor in appointing a Judge of the Ia
koma Park court as it required that
such a judge be named on the recon-
mendatlon of the mayor and council
OF the town. This is a different method
of appointment than that constitu-
tionally provided the Governor, who is
hereunder given the appointing power
with the advice and consent Of the
Senate" it was contended.
Even though the court might con-
strue the act as giving the Governor
power to name Judge Wilson as justice
of the peace, Attorney Cissel further
contended, he had not qualified as such
as ne refused to qualify as a Justice of
the peace before his appointment.
1t was also contended that the act
OF the Legislature was in conflict with
the Montgomery code, which provides
that there shall be no police justice in
Montgomery County with power to pass
on criminal cases except the duly con-
stituted Police Court, meaning, in this
case, the county Police Court presided
over by Judge Charles w Woodward,
and that the act was in further viola
ton OF the county code as but three
justices OF the peace were provided for
the thirteenth election district. of
which Takoma Park is part, and three
such justices exist exclusive of Judge
Wilson.
The action was defended by States
Attorney Stedman Prescott, who con-
tended that it was the intent of the
State Legislature to create the Takoma
Park court as a separate tribunal of JUS
tice and that Judge Wilson was duly
appointed by the Governor and that
the act was legal.