Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1932-04-08
Ritchie Will Get Notice OF Police
Conrt IlIegaIlty.

Annapolis, Md, April 5.-Gov. Albert C.
Richie today will be notified that the
Maryland Court of Appeals has ruled that
Police Justice Alfred L. Wilson. Of Takoma
Park is illegally in Office at the present
time. Until he receives official notifica-
ton. Gov. Richie will make no comment.
but there is a possibility that the official
will be renamed under the State Constitu-
ton. He has been serving under special
act Of the Legislature, which has been
ruled invalid.
In decision handed down late yester-
day by Judge T. Scott Offuit. and concurred
in by the other seven members of the appeal
court. it was ruled that Police Justice
Wilson was illegally in Office and not quail
fed to try any prisoner. Judge Offutt
pointed out that Wilson was appointed
upon the recommendation Of the mayor
and city council of Takoma Park, while the
State Constitution specifies that all police
officers must be appointed "by. and with
the advice and consent Of the Senate.
The appointment must also be made for a
county or election district rather than for a
town, such as named in the special act
authorizing Gov. Richie to appoint such a
police justice for Tak0ma Park.
1t is expected that Gov. Richie will
confer with Senate representatives from
Montgomery and Prince Georges Counties
the next few days and Wilson's appoint
ment under the State law is not unlikely.
although the Governor declines comment.
Decision that Wilson is unqualified to
Try cases at the present time grew out of
an appeal filed by Reuben D. Day. who. on
January IS. 1880. was tried and convicted
before Justice Wilson on charge of driv-
ing an automobile while drunk. He was
sentenced to fine of 500 and to be con-
fined to the county jail of Montgomery
County for period of six months.
Day, when called to plead before the
police justice, denied the right Of Wilson
to try him, and on December 2,193l. near
ly two years after his convi ton. filed
in the Circuit Court Of Montgomery. County
a petition for writ of habeas corpus
directed to the sheriff of Montgomery
County. to whose custody he had been
committed on that day.
The writ was granted by Judge Peter
and the petitioner discharged on the ground
that chapter 1875 Of the acts which created
the Office of justice Of the peace of the
town of Takoma Park. Md. was unconsti-
utional and void.
In hearing argument in the case the
Court of Appeals took under consideration
only single question Whether the status
in question is valid legislative enact
ment. The act empowered the Governor
to appoint police justice upon the rec
ommendation of the Mayor and City Coun-
Gil of Takoma Park to sit partly in Prince
Georges County. and partly in Monte omery y
County. with complete powers within the
jurisdiction of the town. The police justice
was given concurrently civil and criminal
jurisdiction with police justices at Rock
vile, Montgomery County. and like power
in Prince Georges County.
The new police Justices salary was to
have been paid jointly by the county
commissioners Of Montgomery County and
the town of Takoma Park.
In his opinion Judge Offutt writes in
part: THE first and fatal objection to the
act is that the office which it creates is
judicial in character. and for that reason
the act conflicts with the provisions of the
Maryland constitution. relating to judi
ciary."
The jurist further points out in upholdine
the decision of Judge Peter in the lower
court that the State law governing police
justices or justices of the peace "leaves
nothing upon which the will of the Legis-
lature could operate. 1t is very clear that,
after the adoption of the constitution, the
Legislature had not power to appoint a
justice of peace. nor could they vest judi
cial power in any other officer except those
set down in the Maryland constitution"