Evening star. [volume] (Washington, D.C.) 1854-1972, 1875-10-05
THE rOLICE COURT,
Questions Of Fines, Costs, Fees. Straw Bail. e.,
Report OF the District Auditor.
Views OF Marshal sharpe and Jndse
Smell.
Opinions Of Attorneys Btrney and
Stanton.
THE rOLICE COURT,

%
Opinions of Attorneys Birney and
Stanton.
y report submitted by the District Audi
tor in June last to the District Commission
erS, on the accounts of the United States
marshal with the District of Columbia, for
fines and costs received and expenditures
made on account of the Police Court during
period of nine months. from July list. 1874.
To March 3lst, 1875, caused pretty thorough
examination TO be made into the affairs O
this court, involving considerable CORES
loIdence.
THE REPORT OF THE AUDITOR
states that upon comparison of the marshal's
accounts with the court docket, attorneys
docket, the various lnfOrmaUiOns, the COM
mitment stubs and the reports of the intend
ant of the Washington asylum, il is found
that the marshal has in the cases pertaining
TO the District been careful and systematic,
and his accounts are in the main correct,
Nineteen cases of discrepancies are noted
involving an amount of SlOs only, which,
after an explanation by Marshal Ecklof, was
reduced to 2s3. The report shows the amount
of fines collected on accOu at of CORPORATION
cases during the nine months referred to
above, was S1l 1900; fines for the same
period in United States cases, IS ,22l.25. In
the latter cases the marshal is by law entitled
to receive the same fees as prescribed for like
services in the Supreme Court. 1t is noticed,
however, that the marshal charges for ser
vice of witnesses in all United States cases,
no process appearing on file among the in
To ILLUSTRATES Police Officer A. arrests 3. on
the street for afTay, brings him to Police
Court, together with c. and ID. as witnesses,
swears out warrant, and the case is heard.
The marshal, without issuing any summons
process, charges for serving three witnesses
the Police Officer A and the witnesses c. and
ID. IN all cases members of the Metropolitan
police testifying were considered as having
been served with process and charges made
accordingly. In nearly all Instances
where subpoena was served, the
process shows IL to have been done through
the police, and that the marshal col
lects the fee for such service. Toe amount
of costs collected during the nine months
was S7l6.J0, while the amount of fees col
lected for the same period was -, $500. show
ing the excess of fees over costs To be S3,6IS50.
Ii sometimes appears on the docket of the
court that a bond has been given and after
wards forfeited, but It never appears that tie
party FORGETTING such bond has been prose
cuted. Salaries for dOOrkeeper and mesSen-
ger-two officers not authorized by law-are
paid by the marshal, one Tor 5000 and the
other $40. During the quarter ending Sep
TENDER 80. 1874, the clerk received 1890 as
compensation for acting Judge for thirty-nine
days. and his regular Compensation of $500
as clerk. The act creating the court re-
quires the judge To certify to the pay vouch-
ers OF the bailffs. The certificate OF the Judge
does not appear on any of the vouchers. The
total receipts OF the court during the nine
months above named were 81 ,677. So while
the expenditures were Sl3,I37 60; leaving
balance turned over to the District treasurer
of IS 1920.
This report was referred to Assistant At
tOrLey William Birney, who, under date of
Septem Der 81, gives a lengthy opinion, COW
ering fifteen pages of fOOlscap, I'm which he
holds that the marshal is accountable for the
fines imposed in cases not appealed, where
the prisoner is not accounted for that he
cannot charge the District with fees for sum
monlng witnesses who are not sumnioned;
that the matter of collecting forfeited bonds
generally involves suit, which is attended
TO by him the attorney, and that the sue
of cTrFh loo a.N.s- IL
care with which the clerks have avoided
taking straw bail. Ii straw bail is taken N
Is useless 70 sle upon the bond; that the mar
SheI is not entitie,. - nav 1oorkeeper aud
messen ger in addition TO the batiitGis of the
court; that the clerk of the court cannot draw
The double salaries of clerk and Judge for the
same p ATIOd Of time, nor can the clerk, when
absent without leave, draw his pay; that the
marshal il not the proper person to collect
me fines imposed in District cases, but that
he law makes this the duty OF the major of
police, and that 40 ministerial officer OF this
court has any discretionary power to pay
expenses of the court nor TO pay salaries, and
then pay the balance into the treasury Of tie
District.
Copies of this opinion were sent by the Dis
trict Commissioners To Marshal Sharpe Dis
trict Attorney Wells and Judge Smell, for an
expression OF their views On the topics ex-
pressed in the opin ion.
MARSHAL SHARPE,
in answer states that at the end of the
present quarter Sept. 30th) he would be
collecting the fines and costs In District
cases; also from the purchases and dsburse-
ments of said court, the law not imposing
the responsibility upon him.
JCDGE SMELL,
in his answer to the Commissioners, states
that he has notified Marshal Sharpe that
hereafter he wall not approve in any way
Marshal Ecklof7s accounts, because it is
not duty imposed by law; that he has had
his attention called to the delinQuencies of
his clerks in various PARTICULARS, especially
N In for q n nv ffini0 ~
bonds in appeal cases, which it is his pur-
pose to investigate whea the charges are
presented in proper way by Gen. Birley,
who states that 'neither he nor his assistant
has anything to do with the taking of bail;'
that in this he has most certainly mlscon
ceived the law and his duty, for nothing can
be clearer than that prosecutors duty at
tends every step of his case until finally
closed; that his practice is, instead, to leave
the Police Court after he has closed the
hearing upon his tnfOrmatiODs and has given
no personal attention to the important mat
ter of watching over the taking of bail. Tue
court is entitled to his services when there
piete and approved. PERSONAL attention to
each case would render an informal bond or
tad bond an impossibility. In subsequent
letter, under date of September 9th, Judge
Smell states that he has removed his chief
clerk and accepted the resignation of his
deputy clerk, and now with careful clerks
and the co operation of vigilant attornies,
straw bail can he completely avoided.
Opinion of Attorney stanton.
These several papers, pertaining TO Police
Court matters, were referred TO Attorney
Stanton, and after review of the case, he
returned the following opinion:
i return herewith the papers recently re-
ferred to me relating 10 the Police Court.
/. The first subject therein presented is
THE ACCOUNTABILITY OF THE MARSHAL
for fees imposed in cases not appealed from
and where the prisoner is not accounted for.
In my opinion this accounting exists and the
marshal admits il in his communication TO
the commissioners. In the report OF the Aud
itor of June IA, 1875, the sum for which the
marshal is thus chargeable, and for which he
had not accounted is stated at SS3, the num-
Der of cases making up this aggregate being
nineteen. The deputy OF the marshal on
duty at the Police Court, under date Of Sep
TENDER 10th, submits an explanation con-
ceroing these items, which seems to reduce
the amount stated in the Auditors report;
and the marshal expresses his readiness to
account for what balance may be found upon !
further audit to be chargeable to him. The
account in which this sum Of SS3, less such
reduction as may be made by the auditor.
after examination Of the explanation OF the
deputy, covers the business of q year. In
view Of the number of transactions and
amount involved during that period, and of
the rapidity with which business is dis
patched at the Police Court, the sum with