Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-04-06
The Magistrate. and Constable.


The report Of the committee appointe1 by the
House OF Delegates OF the District Legislature
under the resolution OF Mr.. Long of June 25th
last, has been submitted to the Governor. The
committee were directed to inquire fully into
the mode In which the business OF magistrates
and consfables Is conducted. aud generally to
investigate the manner In which the local mag
istrates and constables perform their duties,
&c.
The report states that the committee organ
lied on the LIST OF July last bv the selection OF
Mr.. James G. Long as chairman, and held SEES
sions from July 18th to late in September for the
purpose OF taking testimony. The committee
refers to the difficulty they hal in ascertsiniDg
what laws were in force, and calls attention to
the revised code made in pursuance Of the su
thority of the District Legislature, which has
been examined and approved by the United
States attorney, and the judges OF the Supreme
Court OF the District, and DOW only awaits the
favorable action of the District Legislature and
of Congress TO remedy most of the evils found to
exist and flourish under the present system:
calling an extraordinary session of the District
Legislature for the sole and especial purpose of
amending and passing upon this revised code :"
ana referring the same TO Congress for approval
They state that the testimony shows the urgent
necessity OF reorgani Zation of the peace com
mission and the constabulary; "that under the
present system the interests OF the poorer
are entirely at the mercy of a set OF unscrupu-
Ions men who appear tn comb ne together under
the name and gulse OF law Off GERS, to despoil the
loOr dshtOr OF his wages, not ALWAYS for the
benefit of his creditors, but for the purnos3 of
transferring ths I'm TO their own pockets in the
shape of costs and fees"
The cOmIdittCe found an entire lack of uni
fo'mity in the rules of practice and charges,
ana many are ignorant of the legal powers and
jurisdiction. Ignorance and incOm potency was
manifested in different WAYS and il appeared
that the cODstsbles appointed by the Supreme
Court have been in the habit of directing and
controlling these matters pretty much In their
own way. The usual course has been for a GER
tain justice to cooperate with a certain con-
stable, work for each others interests and divide
gains.
The committee after referring to the manner
OF entering up judgments and the acts of
strategic constables" refer to the provisions of
the exemption law of July, 1866 and the mar
RED woman act OF 1869, and continue as fol-
lows; "During the first session of the Legislative
Assembly additions were made to section 3,
chap. 81, approved August 49, 1871, comforting
upon all justices of the peace in cases where the
value OF one hundred dollars or less to issue and
try writs of replevin for the recovery of prop
erty, and Of attachment and interrogatOries for
the purpose of garnisheeing the wages Of the
poor debtor. The effect of these provisions is
practically TO nuilify the benefits expected to
be derived from the married women's protec-
ton and homestead exemption acts. The act
confeIring TINS jurisdiction upon justices of the
peace is silent upon the subject OF fees, and the
justices and constables Immediately assumed to
charge what seemed to them good for these
writs. varying from six to twelve dollars. Aud
this appears TO have been done in defiance of
the schedule of fees and costs prescribed by the
supreme Court according TO law, under the
pretence that the attachments referred to in
that schedule were OF different character.
The garnisheeIng of a poor mans wages to
secure the payment of a debt OF three dollars
or less, carries with it costs to the amount OF
i've TO seven dollars, "a may be seen by the tes-
timony. While the exemption law protects what
II in the poor debtors house, this attachment is
an instrument by which designing men nav Law
violent hands upon his entire weeks wages for
tie purpose OF satisfying claim of two or three
dollars, and depTives him from replenishing his
larder. The committee is unanimous in the
recommendation of the repeal of these acts.
Many instances of unjust or ''snap" judgment
have been complained Of, the most of which
would have been avoided by the Careful process
OF serving papers by copy. The law should be
anne nded 50 as TO compel copy service. Now
COnstables refuse TO give copies, and the result
l., that there Is Misunderstanding, whether
deslgnedly OF otherwise, between the Off GER a.
TO the time Sc; for the hearing, and the defend
ant arrives just in time to hear that is mulcted
by default. He has no proof to sustain his allie
CATION, while the oath of the constable and the
docket of the justice alike attest his error. III
copy service OF papers were compelled, no such
errCIs could occur without leaving the IN cans of
rectihcation. An amendment OF the law in this
respect is earnestly recommended.
The testimony shows an almost entire disre-
gard by constables of the legal observance of
the schedule of costs and fees prescribed by the
Supreme Court OF the District. The fees are
prescribed by the same authority that appoints
cOnstables, approves their bonds, and has the
power to remove them, but il is not m ade the
duty OF any one official to look after the delia-
of the court is dissgreeable one, and expen-
Five Wlthal, and the rejudices and surround
1ngs are in favor of the party complained of
the task may wall be considered distastefui
and one not very likely TO be undertaken voIun-
taTlly. Ii seems that IL would be wise to change
the appointing power from the court TO the
Executive, leaving the supervision OF practice,
schedule of fees, and cause and power of re-
mHval with the court.
The number OF Justices now allowed by law
for the District of Columbia is fifsy and of con-
81 4
the opinion that the number is entirely too
large. Ii the number was restricted to one of
each for each Council district. with say two or
three extra ones at central points, the offices
would be more remunerative, and would CON-
msrd better class Of tale Mt than now seeks the
positions. The incumbents of these places
should be sober, dignited, and embrace gentle
men with sufficient knowledge of the English
language to Draw and execute papers properly.
The evidence OF the Polite Court exhibits the
fearful lack OF such qualifications on the part OF
some of the present justices.
Persons who are so unfortunate as to be
obliged to transact business with them are en-.
titled to humane and civil treatment. AS
rule, persons who neglect to pay small sums do
so from necessity and misfortune rather than
from choice. In such difficulties they are en-
titled to all Kindness from ministers OF the law
In the performance OF their unpleasant fnnc-
tons The decision Of the magistrate should be
impartial and its enforcement by the constable
a. milo and judicious q the circumstances will
permit. To insure these results IL Is necessary
that the incumbeDts should be possessed of some
native delicscy. More especially Is this dssira-
bic in the national capital. where strangers and
soiOurners make large proportion of our pop
ulatioD. They are liable through disapp0int-
ments in obtaining employment or through the
laxity of government in the adjustment of
c aims TO become involved in debt or other DIFF
nculties which demand more sympathy than
persecution. While they are amenable to law
there is no Justification for its harsh or cruel
administration.
The design of laws for the collection OF debts
is the award of impartial justice and equity be-
tween debtor and creditor at the least possible
expense. This committee respectfully submits
that the impression made By this inquiry is tn at
they are used in this District chiefly for the
benefit Of those ministers of the law who have
been selected To enforce them.
Believing that the adoption of the revised
code now before the Legislature for its action,
with such amendments as have been suggested
and the attachment of severe penalties for the
infringement of rules of practice aud eXtcrtion
Of lille gal fees, will remedy most OF the evils ex-
posed in the accompanying testimony. this com
mittee refrain from the submission OF any
drafts Of acts amendstory of the statutes at
present in force"
TIE MIXED COMMISSION ON BRITISH AND
AMkRICAN CLAIMS 1t il believed that uenrv
Howard, esq, late agent OF her MsiAsty's gov.
Eminent before the above commission, will dis
buIse the money awarded 10 the various sac
c6ssful claimants. The British government
rODld a nO suifa la