National Republican. (Washington City (D.C.)) 1872-1888, 1874-04-06
THE DISTRICT JUSTICES.
REPORT oF THE COMMITTEES OF
INVESTIGATION.

REPORT oF THE COMMITTEES OF
JUSTIFICATION.
MOST INFAMOUS ABUSES OF THE LAWS
| FOR THE COLLECTION OF DEBrs-PART-
NERsHIPs BETWEEN JUSTICES AND
1 CoNsTABLEs-MoDIF AND
I CHANGES EECoMMENDED-A REVISED
CODE WANTED.
Tethe Governor Of the District 81 Columbia:
S1R: The following resolution of the House
of Delegates of the District Of Columbia was
passed June Is, 1873: ....-
Resolved, That o special committee of FIVE
members of the House be, and the same 10
hereby, authorized TO be appointed by the
Speaker, whose duty It shall be to inquire fully
into the mode In which the business of msgis-
tfates and constsbles Is conducted, and gene
rally to investigate the manner in which the
local magistrates and eonstables perform their
duties, including the manner of serving papers,
entering up judgments where credits and in
Arsements have been regularly made; issuing
executionS ordering leyies where exemptions
are claimed; method of executing indemnity
bonds in such cases; ascertain the legal costs
! ana ices IN I'll Gases, anu now JucJ COuipaT6
with those exacted and any and all other in
formation on the subject which will enable the
law-making powgIto remedy existing evils !;
and said commh< f1shall have power to send
for persons and papers, and to employ q clerk,
and TO sit after the close Of the present session
and to report to the Governor the result Of
their labors for transmission to the House at
the next session.
and Messrs. James G. Long, chairman, z. P.
Berry, w. E. -Vermillion, S. w. Herbert and
o. s. B. Wall were named by the Speaker as
the committee under it, who beg leave respect
| fully to report
That they held preliminary meeting in
Legislative han op the first day Of July, 1873,
and organized by the selection of James G..
Long as permanent chairman, and the appoint
ment of N. Davidson as clerk. The committee
also ordered an advertisement to be inserted in
the daily papers stating that 1t would hold its
sittings for the purpose of taking testimony,
&C., from and after the fourteenth day Of July,
in the hall of the House Of Delegates. From
that time until late in September the committee
were diligently engaged in taking the testi-
mony which accompanies this report, and in
the examination Of the books. and records of
the several justices, and such other documen-
| tary evidence as was accessible and seemed to
have bearing upon the subjects named in the
resolution and referred to them.
The committee found much difficulty at first
Il IN a5C6TJdlElIlR HudL IhWb hcI6 EGdll1 IL IOACC
in the District Of Columbia.
REVISED CODES.
Several collections were found entitled TIRE
vised Codes" of the District, but inquiry dis
closed the fact that neither Guilds, Webb's, or
Ingersoll's digest had ever been 30 approved
as to receive the effect and force of law. Each
of these, and perhaps some other publications
have been made by authority of Congress or
| the corporate or District governments, but have
been thus far "labor lost" on account Of the
failure of the proper authorities to approve of
those labors. The latest revised code made in
pursuance of the authorities Of the District
| Legislature, has been examined and approved
by the United States attorney, and the judges
Of the Supreme Court of the District, and now
only awaits the favorable action Of the District
Legislature and of Congress to remedy most of
the evils found to exist and flourish unler the
present system.
| EXTRA SESSION.
In this connection 1t may not be improper
for this committee to suggest to the Executive
the propriety of calling an Extraordinary session
of the DISTRICT Legislature for the sole and
especial purpose OF amending and passing upon
this "revissd CODE" and referring the same 70
Congress for approval at tts approaching
session. The expense of such session would
be only tride beyond few days per dien. OF
the members. The work is one very neee ssary
to be done, and is of character that is almost
impossible to do or get done at q regular
session. The three readings alone Of some sever
hundred pages of laws is labor Of several
days, but IS point upon which the organic
act L. imperative.
TIC Experience of the past shows that It 1:
idle to expect those readings to be had at q
regular session, where there are multiplicity
| of interests, both public and private, always
pressing for consideration. A session of three
weeks would probably dispose of the code, al
an expense of less than 5000.
MODE OF TRANsAcT1Ne BUSINESS.
A careful examination Of the testimony here
with submitted shows the urgent necessity Of
a reorganization of the peace commission and
the constabulary force attached to the same,
and the prescription of code of laws and
rules of practice for the government of justices
of the peace and eonstables. Under the pres
ent system the interests of the poorer classes
are entirely at the mercy Of q set of unscrupu.
lous men who appear to combine together un
der the name and guise of law officers, to de-
spoil the poor debtor of his wages, not always
for the benefit of his creditors, but for the pur
pose of transferring them to their own pockets
In the shape of exorbitant costs aud fees.
This committee found that there was an en-
tire lack of uniformity in the rules of practice
and in the charges for costs and fees observed
by the several justices, and also that very
many of them were deplorably ignorant Of theil
real legal powers and Jurisdictions.
PERFORMANCE OF DUTIES.
This ignorance and incompetency was mani
tested in different ways: First, by carelcssnes
in the making and issuing of papers, the entry
of cases upon the dockets without fully speci
flying the nature of the cases and the amounts
claimed, or the substance of the testimony o.
the several witnesses upon both sides; falling
to make the deduction Of payments on accoun
In making up the judgments; and the charging
up the bills of costs AID adding the same Il
the executions.
It appears that the constables, who are ap
pointed by the Supreme Court, as provided b.
law, have been in the habit of directing ant
controlling these matters pretty much In thei
own way. r
| Co-PARTNERsHIP FOR COLLECTING
The usual course has been for certain
justice to cooperate with q certain constable
work for each others interests and dividl
gains. The committee found several Of thel
business cards printed in regular firm style
soliciting the collecting business of merchants
and others. The constable obtains the claim
from the creditor for collection and stipulate
! for liberia! commission on what he "makes.
This act by constituting the constable an inter
ested contingent owner of the claim infringe
the spirit of the law If not the letter. In case
where the TWO ofhcers are partners, the infrac
ton of law is clear, and should be visited will
severe penalties. When suit is entered on
partner prosecutes and the other renders judg
ment. The debtor stand no chance.
| HOW JURIEs ARE ELECTED.
!. If he demands jury trial these same partie
select the jury and frequently have been know
to post jurymen beforehand and agree with then
as to which way they should decide. These 4
one instance of record where one of the Jury
men was sworn as q witness, gave his testi
mony to the jury, of which he was part, ant
then assisted in making up the verdict. It Il
needless to add that judgment is invariably
for the plaintiff.
ENTERING UP JUDGMENTS.
In entering judgment the practice of somt
has been to enter 1t for the full amount of thu
face of the claim, regardless of payments madt
on account. Sometimes It was found convenient
; to have the Judgment large, as authorizing o.
justifying the seizure of q greater amount o.
) property than would be otherwise necessary
Having secured possession Of the goods set
Element Is pressed. II the claim Is neither paid
or secured, the property is sold, without adver
tisement except upon the constable's bulletin
board, and such sales are estimated to ne
less than twenty per cent. of the intrinsic value
, of the articles disposed of, the purchaser
usually being dealers in secondhand goods.