Evening star., 1935-09-29
D. c. HIGH COURT
RESUMES TUESDAY
Test Looms for New Law
Allowing U. S. Workers
on Grand Jury.

The Fall term of the District Su-
preme Court will begin Tuesday, end
ing inactivity which started with the
Summer recess last June.
The following Monday, the United
States Court of Appeals for the Dis
trict will resume sessions, and many
cases of interest are scheduled for
early hearing before each tribunal.
All justices of the trial court, save
Justice Daniel w. ODonoghue, will
hear motions for the first two days
of the term, clearing up contested
matters which have been held over
during the Summer. Justice O'Don-
oghue will be in Criminal Court No.
and will select new grand jury.
New Law May Be Tested.
There has been considerable dis
cussion whether he will take a chance
on the validity of the new District
law making Government employees
eligible for jury service and appoint
any such persons to the grand jury
panel.
Lawyers and court attaches predict
that a test of the law on constitu-
tional grounds will be forthcoming
II the courts should nullify the new
Law, any indictments returned by
grand jury including a Government
employe would be thrown out.
Among the mort important cases
expected to come before the Supreme
Court this Fall is the petition for an
injunction to prevent application of
the newly y-enacted Guffey coal act to
the Carter Coal Co. This was the
first constitutional challenge of the
law made in the courts and probably
will be advanced on the calendar for
early hearing. The Governments
answer must be filed by october 2.
Among the criminal cases scheduled
for trial early in october is that in
volving John c. Grayson, formerly en-
ployed in the Office of the national
bank examiner for this district, who
Is charged with conspiracy to defraud
the United States Government, in con-
nection with shortages at the now de-
funct Park Savings Bank. Grayson
is Ill and the date of his trial is con-
tingent on his health.
McNeiIs Trial October FL.
Benedict M. Mcneil, formerly as
sistant cashier of the Park Savings
Bank, is to be tried october 81 on
charges of conspiracy to commit lar
ceny and embezzlement.
The trial of Representative John H.
Hoeppel of California and his son,
Charles Hoeppel, charged with con-
spiracy to sell a West Point appoint-
ment, is scheduled to begin November
II, and Col Joseph I. McMullen, high
War Department Official, who is ac-
cused of lobbying for private inter-
ests, probably will come to trial
shortly thereafter.
In the same month the Government
will attempt to prove charge of con-
spiracy to violate the liquor taxing
prise huge bootleg ring operating
throughout the East.
The civil calendar for the court has
on it 1,648 cases, as Of August 81.
OF these, 1882 are in law and SIS
in equity, putting the court nine
months behind in the former category
and about seven months behind in the
latter.
Trial Judges Named.
Trial Judges for civil suits will be
Justice Oscar R. Luhring, Equity No.
/; Justice Jesse c. Adkins, Equity No.
2; Justice Jennings Bailey. Equity No.
3; Justice James NJ. Proctor, Circuit
No. /; Justice Joseph w. Cox, Cir
cult No. 2, and Justice Peyton Gordon,
Circuit No. 3.
Chief Justice Alfred A. Wheat
will sit in Motions Court. Justice
O'Donoghue in Criminal Court No. l
and Justice F. Dickinson Let's In
Criminal Court No. 2.
In the Court of Appeals the first
case scheduled for argument is the
Oklahoma Utilities Co. suit to enjoin
Secretarys Ickes from granting a P.
w. A. loan to the municipality Of
Hominy, Okla, for construction of q
power plant. On the outcome of this
case depends in large measure the
fate Of six similar injunction suits
now pending in the District Supreme
Court.
Custody Suit on Docket.
Next on the calendar is the attempt
of Mrs. Helen Villapiano, divorced wife
of the late Albert j. Sardo, Washing
ton undertaken, to gain custody Of her
8-year -old son, Albert ]. Sardo, jr.,
now with the child's grandfather,
William H. Sardo. The childs father
was killed last February in an auto
mobile accident.
Other cases pending in the appellate
court include that Of Sam Beard and
u other defendants, convicted on q
gaming charge, and the California
redwood case, involving an alleged
conspiracy to defraud the Government
in connection with the use Of the wood
in Texas P. W. A. irrigation project.