Evening star., 1951-11-04
Ruling on Bondsmen
Studied for Effect
In Other Fields
Continued From First Page.)

i'll V1tlVt tVEu9
Continued From First Page)
by the District Court judges. That
left standing the Appeals Court
ruling that District Court cannot
properly turn down Mr.. Carters
license renewal application un-
less it gives him a hearing and
tells him In detail why he was
turned down.
Despite the Court Of Appeals
decision, District Court judges
contend that their court has jur-
isdiction and discretion in licens-
ing or renewing licenses OF pro-
fessional bondsmen.
Tempest in a Teapot"
They contend that the legal
code contains no requirement for
hearings, much less for disclosure
of oftentimes confidential infor-
nation on which refusals might
be based. Abuse of discretion
would be something else and could
be corrected by adequate appeal
procedures, they explain. But this
case, they add, does not involve
such claims.
The same principle of District
Court jurisdiction and discretion
in strictly administrative matters
applies to admission of applicants
wishing to practice law in the
District, those judges believe
That is the reason for their grow
ing concern that some rejected
applicants might use the Carter
case decision as a springboara
for demanding hearings and dis
closure of confidential informa-1
tion, it was learned.
Attorneys for Mr.. Carter-the
52-year-old colored former bonds
man. who now operates a liquor
store in the 1900 block of Four
teenth street NW.-describe the
dispute as mostly q tempest in
q teapot"
Procedured Effort Exhausted.
They maintain it is simply a
lawsuit to assure their clients
legal rights and protect him from
possible prolonged persecution"
They describe the litigation as be-
ing essentially nothing more than
an issue of local law"
Whether Mr.. Carter eventually
will get a bondsman's license is
still unsettled. It probably will
depend on the outcome of any
hearing the District Court might
give him in accordance with orders
Of the higher court.
District Court judges have not
announced what their next move
will be. 1t is believed doubtful
they viii ask the Supreme Court
to reconsider it's October % order.
District Court judges repeatedly
believe they have exhausted all
practical procedural efforts. so
far as the Carter case is con-
cerned, to appear personally in
the Court of Appeals or Supreme
Court.
Administration Hearing Likely. |
In any sevent. as THE Matter /
of John w. Carter" stands now, /
the District Court seems likely to
give him an administrative hear
ing. There has been no official
comment on whether that could be !,
a closed session nor whether it
would blossom out into an open
hearing with formal presentation
of evidence and calling of wit !,
nesses. |.
If District Court then decided
not to renew the license, Mr.. /
Carter could appeal to the higher
court. The main question. in such
a procedure, would be substan-
TALLY different because it pre-
sumably would turn on the suff- /
cheney of grounds on which the
the refusal might have been made,
authorities explained.
Meanwhile, Mr.. Carter. has not
suffered in a business way as a
result of the uncertain status of
his license.
His attorneys, former Judge
James A. Cobb and George E. c..
Hayes, recalled that he sold his
small restaurant and bar when he
obtained the bondsman's license in
1947.
Files Suit Against Book.
When he was unable to get re-
newal two years ago he obtained
an alcoholic beverage license for
a package store on Fourteenth
street, just south Of q street. He
continues to live in a three STORY
brick row house in the 1900 block
of Girard street NV.
Judge Cobb insisted that Mr..
Carter has the necessary character
and financial qualifications to
meet bondsman license require
ments. That was demonstrated by
character witnesses in the course
of the proceedings, as we'll as by
MIR. Carter's activity in church and
charitable work, he said.