Evening star. [volume] (Washington, D.C.) 1854-1972, 1873-07-30


That there have been repeated and gross vio-
lations of law by some few of the magistrates
and constables OF this city there is no doubt
the sufferers by the petty exactions and illegal
seizures Of these licensed harpies being mainly
thoee who are ignorant of their rights or know
ing the law are too poor to bring their persecu-
tors TO the bar Of justice for their cruel extor-
tons Admitting these facts, it Is not just to
assert las some do that our magistrates may be
divided into two classes-the knsyes and the
fools. The majority of them are men of in
tegrity and intelligence. But less scrupulous
and more ignorant magistrates do a large pOr-
ton Of the business, some relentless creditors
preferring them in the same way that they pre-
fer a constable without a conscience TO collect
the judgment when rendered. The Congress
sional exemption law, published in THE STAR
few days since, is violated every day, because
the poor people who suffer from its violation
find that IT costs more in the long run to obtain
justice than submit to the eXactOn. To illustrate:
a has judgment against for a debt, and he
gives IL to a constable who takes out execution,
and finding no property of BIS to levy upon but
exempted property takes some articles which
by the law are exempted. The only remedy of
Il is TO sue out writ of replevin which he pro-
ceeds TO do, having to give bond to the District
Of Columbia 10 return the goods repleyied if
gwen dSdluSl anu ne 10
pay about ten dollars costs TO obtain the writ.
Then il is tried before magistrate and as the
constable is defended by a lawyer, il is neces-
sary that the plaintiff, b, shall also employ a
lawyer at an additional expense OF five or ten
dollars; then the constable has as many post
ponements Of the case car be had for the
purpose of firing out the plaintiff, who if
working man must lose two or three days. If
judgment is rendered in favor of b the consta-
BILE appeals to the Circuit Court, and from
three months to a year must elspse before the
trial comes off there, lawyer being necessary
there too, and if the plaintiff finally obtains judg
ment in his favor he has lost more than the
value of his goods in getting them. In case the
magistrate decides against b and he appeals,
il may be stated, without going into details,
that the costs are still heavier and the proceed
ings to obtain justice in a higher court still
more vexatious.
That the intention of the congressional en-
actments for the protection of unfortunate
debtors may be fully carried out, further legis-
lation may be necessary; but the evils COM
planned of can be remedied in a great measure
by the appointing power. Let none except
men Of intelligence and undOubted Integrity
be appointed justices of the peace, no matter
what influence, political or Otherwise, they
may bring 10 bear. Let cJnstables be men of
-eoN NAdAa'tcls AM dpoNc All see IuaI tuelr
bond are not mere men of straw, as in too
many cases at present. Debtors who suffer
loss or damage by the Illegal acts Of constables
might have their redress in a civil suit against
the officer Of the law or his bOndsmen in that
event; but as IT is now, in too many cases
judgment against the constable or his securi-
ties-so-cal ed-wou'd not be worth the paper
1t Is written on. So far "a the magistrates
are concerned. LatrObe's Justice, page Il, says:
"a justice OF the peace is not punishable at the
suit OF the party, but only at the suit OF the
state, for what he doth as judge, In IN alters in
which he hath power by law to hear and deter
mine without the concurrence of any other. tor
regularly no man is liable for an action of what
he doth as judge. Bat in cases where he pro-
c eds Enthusiastically, rather than judicially, if
he acts cOrruptly, he is liable to action at the
suit of the party, as well as an information at
the suit of the state"
In future article we propose TO cite the acts
of Congress defining and limiting the powers of
magistrates and constables in civil cases and to
refer to other points bearing on this subject, In
which so many people are interested.