Sherlock, Albert E.

English

University of Denver

Denver Law Review Volume 22 Issue 11 Article 8 July 2021 Justice on the Wing Albert E. Sherlock Follow this and additional works at: https://digitalcommons.du.edu/dlr Recommended Citation Albert E. Sherlock, Justice on the Wing, 22 Dicta 252 (1945). This Article is brought to you for free and open access by the Denver Law Review at Digital Commons @ DU. It has been accepted for inclusion in Denver Law Review by an authorized editor of Digital Commons @ DU. For more information, please contact jennifer.cox@du.edu,dig-commons@du.edu. 252 DICTAJustice on the WingBY ALBERT E. SHERLOCK*The 166th Legislative Session of the State of New Jersey, whichmet in solemnity with his Excellency, the Honorable Charles E. Edisonas governor, and Lettie E. Savage as a member of the Assembly repre-senting the qualified voters of Monmouth, New Jersey, thought it fittingand proper to promulgate new laws for the further protection of migra-tory waterfowl as they winged their way over the sovereign state ofNew Jersey. After due deliberation, the following statute was passed bythe senators and assemblymen of that great state: Revised Statute Cumu-lative Supplement of New Jersey, Title 23, Chapter 4, Section 18, Lawsof 1942, approved May 2, 1942, which statutory amendment set thehours for shooting of migratory waterfowl not in conflict with the fed-eral rules and regulations as contained in the Migratory Hunting Act of1916 and all amendments thereto. The latter story follows, showingtravesty of justice and the J. P.'s interpretation of that statute. It is arather interesting yarn and contains facts which are not only humorousbut pathetic from the standpoint of legal reasoning.I On or about January 1, 1945, one Ellis E. McCoy' and two of hiscompanions were apprehended by the assistant game warden and arrested,the charge being, "gunning after sundown." The record is silent as toany evidence that McCoy and his two companions had in their possessionat the time of their arrest any species of migratory waterfowl. They werehaled before the justice of the peace and he, as a side activity, was em-ployed in a war plant. The Honorable Justice of the Peace informed thedefendants and game warden that he was in a hurry to get to work anddid not have much time to attend to the case then before the bar of jus-tice. In the discussion that followed between the game warden and thejustice of the peace, the assistant game warden suggested that lots bedrawn to determine who the culprit should be, and the "court" said thatwas agreeable to him. Immediately the justice of the peace and the gamewarden made preparations for the drawing which later took place. Thewarden held the "hat" and forced the defendants to draw slips there-from. The first two defendants each drew a "no:' and when it came toMcCoy's turn, so far as he was concerned the lottery being over, he waspresented by the assistant game warden with the slip marked "yes" andthe cheering news by the warden and the justice of the peace that it alsocarried a penalty of $20.00. The justice imposed costs on all, even the"acquitted," and the two that drew the slips with the "no" markedthereon $5.50 each; also $5.50 for McCoy, and he pocketed for hisjudicial efforts the sum of $16.50.*Of the Denver bar.'Letter from the attorney for Ellis E. McCoy to the writer dated August 7, 1945.DICTAMcCoy being displeased with his drawing of the slip marked "yes"and justice being dealt out on a lottery basis, made an application for awrit of certiorari to the Supreme Court of New Jersey, and under theSupreme Court practice, a single justice is empowered to hear and deter-mine such application in a summary manner. This Justice Joseph L.Bodine did.'The justice of the peace then admitted the lottery, the impositionof the fine and the pocketing of the costs. The court set the convictionaside, ordered the return of the costs and required that the J. P. pay allthe costs in the Supreme Court proceeding. As a result of the SupremeCourt ruling, McCoy was not a victim of Justice on the Wing. He wasrefunded his fine of $20.00, the J. P. was forced to return the costs of$16.50 and further had to pay the Supreme Court costs of $91.00.After all the proceedings were completed, justice triumphed and the166th Legislative Session of New Jersey can again face their constituentsand state that their laws were not the victim of a lottery.'Letter from the Clerk of the Supreme Court to the writer dated September 27,1945.Colorado Supreme Court Amends Rule Relatingto Admissions of Persons Who Servedin Armed ForcesThe Colorado Supreme Court has amended its rule adopted Feb-ruary 13, 1942, relating to admissions of persons who served in thearmed forces. The amended rule was adopted September 13, 1945, andreads as follows (new material in italics) :During the present war emergency and until further order of theCourt, every applicant for admission to the bar who is a bona fide citizenof Colorado an this date and who may present a degree from an approvedlaw school and whose application is favorably reported on by the barcommittee of this Court, shall receive a certificate of admission, withoutexamination, on showing that he has served one year or more in thearmed forces of the United States and has received an honorable dischargetherefrom or has been prevented from completing such term of servicebecause of disability therein incurred or by retirement to reserve forces bygovernmental authority.Provided, however, that any application for admission under thisrule shall be filed within one year from the date of the termination ofapplicant's military service.253

Justice on the Wing

https://digitalcommons.du.edu/cgi/viewcontent.cgi?article=5491&context=dlr

Justice on the Wing

Abstract

Similar works

Full text

Available Versions

University of Denver