National Republican. (Washington City (D.C.)) 1872-1888, 1878-02-07
DISTRICT JUSTICES AND CON-
STABLES


minent Federal officer, who knows whereof he |
AYERS, and who stands ready to give the names Of
all the parties to the transaction and to furnish the
proofs to substantate each allegation. II is the
same old story 80 often ventilated In these |
columns:
WASHINGTON Feb. l. 1878.
reform In the government Of the District Is |
the press md by tho people but the discussion is
limited TO the form Of government and the SUI |
preine Court. Concerning the former, the leading
question Is US TO the ballot while to the latter,
tue only point has reference 10 reorganization. To
This single point = morning co,cmporry and the
gentlemen, are exclusively devoted.
Let me here disclam Intending In the rcmotest
ossnS 20 tmPu,e want Of lnpshy on The part
ton Is written. There Is no question that those
who advocate change mean reform. and, in a gen
All win concur that the end sought is the greatest
coed Of the greatest number" And this sentiment
introduces The particular class to which greater
attention j. Invited, viz, the masses Of the people.
OF course II Is not intended to assert what is de-
nounccd rs hercsy and commuuisn-that the in
wealthy classes are not Identical and sensitive TO
Influences, for wenl or for woe. from the same
causes Nevertheless there are some facts that can
not and ought not to be Loot sight Of Among these
are the following:
I. The mass Of the inhabitants Of this city will
say about, and will be cQnsultcd les as 70, any
changes which may be made in our government.
y, tsG a. RGPn9,iSGns nsye control oye, iegis
remember what Is now only too Apprenticeship,
since the war the Republican, party has been too
exclusively devoted 10 the bondhoders, while the
soldiers aud the aborcrs and their Interests have
been greatly neglected.
True the last Proposition opens wide field for
advocates as well rs Its opponents: and with this
observation | proceed TO state a ease" gathered
from the sworn statement of Oncof the parties and
nom his counsel mud papers therein, Illustrative of
| at least one mode OF obtaining costs wEOngfuy
from those ignorant :of tho law, with which prac
hiplnr officials lpuhlun ira
| altogether too un familiar. and even Indifferent:
Certainly within the ncinory OF men now living
worthy lsbOrcr Of this city, n small householder
| with large family, and taxpayer, contracted
debt Of so or under payable In in'talments which
mtTS met @cG H, 10 SsrsSGnt snS receipt,
agent for the original creditor, called on this
| lnhurcr and demanded SO pan of the original
debt. Prior payment was asserted and the con-
| stabe-agcut departed 4 few days subsequently
| this man again appeared this time In his official
character ns constable at the abode OF this son of
| toll for whom he announced he had writ. which,
however. he did not exhibit nor leave a copy nor
state the substance This nblrer, who is altogether
a sober, industrious, honest Innu says he rested In
the flct that there was no service and would be no
return. Yet after II was too late TO take an appeal
| from the Judgment this valiant constable again
| appeared with AN execution on n pretended judy
m6nt, on which he seized personal property which
he carried away. On this 9ccas.on the constable
! Ing maniicstly mindful OF his costs. Thus emdcth
| the first chapter.
| TO investigate, with the following result
| l. the Office Of the justice Of the peace there
were found the writ, returned personally served;
| and on piece OF paper about two inches square,
filed = paper in the cause the words and figures,
! .. Iherc was no declaration nor statement, in
| any form whatever. of the cause Of action, nor
| prayer for Judgment Tho only possible paper to
be claimed as declaration was the above contain
| Ing the words, debt, So
4. There was no appearance IN court Of either
party nor any one in behalf Of either, nor any wit
| mess for either. Even the constable failed TO be
present, no doubt from mole,ty and virtue.
4 Iron the writ "Pets9naiIy 'cr nS and The pa:
| absence of parties or attorneys, and without eri.
dcncc Of any sort, the court, on its own motion,
tered Judgment for $40 and costs. -
Thus the constable acted first agent to collect
the debt and then in his Official capacity to serve
the writ Here ends chapter two.
| As stated, this immaculate constable waited till
the expiration Of the time for appeal and then pro
ceeded TO levy the execution and remove the goods
seized.
!. The labnrrr held receipts In full for the whole
debt for part Of which the Judgment was rendered.
This was admit by the court. the plaintiff In the
suit. the constable, and all concerned. The PLAIN
til said the suit was mistake, but he refused TO
order the goods seized 10 be restored and also de-
| surrender the goods unless the defendant would
pay the costs. The magistrate also refused all in
reference.
| q a personal appeal was made to the constable's
| father, who was Justice Of the peace, for his
friendly interference, but he rctored that he'd he
did 1.-THE goods should be given up until the de.
g. Notice was served on the auctionccrs with
whom the goods were deposited for sale that the
Judgment was void aud they would be held re-
sponsibc for the goods They took counsel and
found 4 So, Thu erdcth chapter three.
All the foregoing facts were fully written out
and sworn 10 by hc party most interested from
, which this case" Is drawn.
With this statement his friends called on the
United States District Attorney for this District,
} who said such complaints were numerous and he
was .ratihcd To have assurances Of an inyestlgG-
tlOu, but that the charges were not within his
Jurisdiction. The CITY Attorney was waited on
: with the same result ThcreupOn the affidavit was
submitted the basis Of Investigations. and re-
. forms to the DistIirt Commissioners, who re
iurrCd II 70 the city Attorney, who referred 1t to
turned" 1t to the cay Attorney, who RESPECTFULLY
: returned" II to the District Commissioners, who
respectfully returned" Il to the poor victim with
tho remark that he mus! prosecute his rights in
the courts" Great Is red tape
iegois! WIN you walk into my parlor says
70 I've caught in that trap and resolved to resort
To- the law for redress. TO say nothing Of his prob
a'le defeat In courts, where doubtful things are
mighty uncertnin,' his lawyer would necessarily
have changed him double the value OF his property
, seized and 81 he wisely determined TO submit To
occur s When pnbca,on Would prove ss sT
OF reforms, for which purpose the outlines are now
given to the public, The object is not to reflect
! upon particular parties but to show that reforms
are needed i'll tho py"plcS courts, Tor that great
abuses exist therein this case Of poor, unleeIed,
but worthy man will serve to Illustrate. But for
! his prudence and frmness in keeping out of the
mgshes of these courts he would have become en-
tangled III an endless rulnUNs litigation,
summing his time and substance from his family.
That injustice Is common and that investigation
and reform are needed, truths attcsted by the
speech of people" and by all who ore best i'll
formed on this subject This case shows the follow
y lug faC;s:
q |. That the Judgment therein was wholly unwar-
Tantcd and volt yet maniiestly In accordance with
the universal practice In this city.
D That the HihdAvS OF the facts presented TO the
+ District Commissioners was such us TO demand u
thorough and general Investigation into the con.
duct aud practice OF the magistrates courts, III the
interest OF the masses who are uulcttered and at
i loves money.
. This case further suggests the reforms needed in
= these courts Cf the people:
l. The Justices and cOnstGDlCS are paid by fees.
: II Is too much TO expect that men Will not seek
these places for the money tnOt Is In them,' and
/, that when attained that they will not strive to
i make the most of them. Hence oil the wrongs in
}, the name Of justice, nj the expense Of the masses
>. There are upwards Of thirty justices, and prob
Thee should DC greatly reduced IN number. The
Il former should he allowed n fixed salary. and the
fees or fixed sum 10 DE- paid by litigants should
be deposited IN the Treasury. Constablcs ought n
d be prohibited nom acting in both capacities o.
i agent and C1n.tabe, Gud controlled by statutS
~ a. u Flevcut oppression upon he people,
9 No nSssilhent Of particular justices or cOnStahlCi
u Is suggested but general investigation, to be fol
7, lowed by such legislation snail elevate these
y courts, aud thereby elevate the people besides SC
curing impartial Justice to the masses and cXemp
n, uun trUm The wrongs Of ayaTCc.
n Finally Mr. Elitor the foregoing Is submitted IL
\; the nature Of an appeal with the assurance tina
q there are many who win not only never cease I,
l. cry for radical reform Of the peoples conrts, bl