Evening star. [volume] (Washington, D.C.) 1854-1972, 1875-10-05


be exercised in the matter of appeal bonds
Much depends upon opportunities which
may be given by the court officers 10 the
prosecuting attorney to object TO insult
cheney of bonds.
4. The next question relates TO payment
by the marshal of
DOORKEEPER AND MESSENGER
in addition 10 the bailiff of the court. The
marshal explains that before the organiza-
ton OF the District government, and while
the corporation OF Washington was in exist
ence, and when the Police Court was first or
ganized, the mayor requested him TO collect
nnes and pay the expenses of the court be-
lore accounting for his receipts TO the muni-
cipal officers. The purpose OF this was, as he
states, 10 secure the prompt payment OF the
expenses OF the court out OF the fund there
Corrected, and to avoid the Appropriation OF
Inc money To other uSes-a result which AT
that time might have followed il the moneys
collected at the Police Court had been maid
INTO the treasury of the corporation without
nrst defraytng the expenses of the court.
The request thus made 10 the marshal was
never afterwards revoked by succeeding an
thorities: The marshal states, however, that
IN the future he will not make such pay
ments. In my judgment, IL the employment
OF adoorKeeper and messenger be necessary,
land have no doubt ii ISL the authority is
vested In the Commissioners, who may reg
ulate the compensation; and the payment
should be made in the same manner as that
OF other Officers and employees of the District.
CLERKS EXTRA PAY.
D. III appears that during the quarter ending
september 30th, 1874, the clerk of the court
received his regular compensation of five
hundred dollars per quarter, and i'm addition
was paid three hundred and ninety dollars
as compensation for acting as Judge during
thirty nine days of that quarter.
The question is presented whether the mar
shall should now be charged with this sum OF
three hundred and ninety dollars. Sections
l0i7 and lOiS. Revised Statutes, relating to
the District, provide as follows:
/" In case of sickness, absence or disability
OF the judge, either of the justices of the SUI
preme Court of the District shall designate
some justice of the peace TO discharge the
duties of the police judge until such disa-
bl1ty be removed. The justice so designated
shall take the same oath as prescribed for
the Judge, and shall receive the sum of ten
dollars per day for the time he shall serve, to
be paid in the same manner as the salary of
the judge Is paid"
Being justice of the peace, the incumbent
OF the office of the clerk OF the court was duly
designated by one of the Judges of the SUI
preme Court of the District 10 discharge the
duties OF police judge, for which he received
the aforementioned cOmpensat ton. The
salaries OF the judge and the officers of the
court are payable from the moneys collected
upon the judgments of the Police Court.
1T was held by the Attorney General OF the
United States-lOth Opinions of the A tor
neyS General, ii6-that the Offices of Register
OF Wills Tor Washington county and Com
missioner OF Police, or the offices of member
OF the Levy Court, Commissioner of Police
and Collector of Internal Revenue for the
Dlstrlct OF Columbia may, under the ruling
OF The supreme Court of the United States
in Converse VS.. United States-2lst Howard
i63-be held, and the emoluments thereof be
received by one person at the same time.
IN the case of Converse VS.. United States
Just cited, the court holds that the inhibition
against allowance for extra and additional
services rendered by a public officer does not
apply 10 employment having no affinity or
connection either in its character, or by law
or usage with the line of his official duty and
Where the services TO be performed is1of a diff
lerent character and for a different place. and
the amount OF compensation regulated by
law. IN this case the services rendered by
the person who was designated by one of the
Judges of the Supreme Court 0f the District
10 discharge, temporarily, the duties of the
police Judge did not in that capacity perform
services having affinity or connection with
those OF the clerk, nor in the line of the Off
cial duty of the clerk. The services per
formed by him in discharge Of the duties of
the police judge were OF a different character
than these of clerk and for a different place
than that OF clerk and the amount OF com
pensation for performance OF the duties of the
judge is regulated by law. The ruling of the
supreme Court, as well as that OF the Attor-
ney General, seems therefore not to require
lEat NE marshal shall be charged with the
payment which he made during the quarter
ending September 30th, IA, TO the person
drly designated 70 discharge the duties of a
police judge.
Section 1,7G8, Revised Statutes. D. 3l5, re.
moves all doubt from the matter. That
enactment is that, IN person who holds an
once, the salary or annual compensation
attached 10 which amounts 10 the sum of two
thousand five hundred dollars shall receive
compensation for discharging The duties OF
any other office, unless expressly authorized
by law"
The annual compensation OF the clerk of
the Police Court is less than two thousand
hve hundred dollars, and the prohibition
against giving him compensation for dis
charging the duties of another officer accord
iDgly does not apply. In my opinion, there
fore, the marshal ought not 10 be charged
with this payment which he made more than
a year ago. AS matter of administration
however. q hOl a.
ing the Office of clerk shall not be designated
TO discharge temporarily the duties of police
judge. But the designation I'm the particular
instance referred TO was made by one OF the
Judges OF the Supreme Court Of the District,
Who alone have power TO select the person TO
discharge the duties of police judge in case
OF sickness, absence or disability of the Judge
OF the Police Court The incumbent of the
Office of clerk has not since been selected to
act temporarily as judge, and it is not likely
he will be.
CLERKS PAY WHILE ABSENT.
o. As respects the absence of the late clerk
OF the court, the instructions already given
by the Commissioners will doubtless pre-
vent, until further considera ton of the mat
ter shall be bad, payment for the period OF his
absence; and the question OF his right 10 com
pensation can better be determined when he
shall have claimed il, aud when the facts
shall have been fully presented.
WHO SHALL COLLECT FINES IN DISTRICT
CASES?
Z. Under section 1919 Revised Statutes,
relating Ia the District fines, penalties costs
and fOrfeitures imposed or taxed by the POI
lice Court, may, in my judgment, be colIec-
ted either by the marshal or 10y the major of
police. Whether the marshal should be SUI
perceded in this matter by the major of po-
lice is matter OF administration within the
control of the Commissioners. In his recent
communication the marshal states that he
undertook the duty under the same circum-
stances as those already set forth with ref
erence 10 the payment OF the expenses of the
court, and he adds that he does not desire to
hereafter perform that duty. II IL is deemed
advisable to transfer the matter to the charge
OF the major of police, then IL should be done
at once, as at this date new quarter begins.
No doubt IL requested by the Commissioners
the marshal would continue TO collect fines,
penslties, costs and forfeitures as heretofore.
The marshal comedies that he is chargable
for fines imposed in cases not appealed when
the prisoner is not accounted for, and also as
required to pay over to the District whatever
funds shall be collected by his deputy, in
stead of as heretofore first defrayfug the ex-
penses of the court, and Afterwards paying
the balance into the treasury.
Under these circumstances and as the mar
shall Is bonded officer responsible for the
acts Of his deputies and accustomed to tn
charge of and accounting for public moneys
1 do not see that a change In the mode O
collecting fines Is expedient, unless, indeed
the police force is SO large that the major O
police can, without additional expense to
the District, conveniently relieve one of his