The Evening critic., 1883-01-12
DETECTIVE M,nEvlrr
Protests vigorously Against Being
Tried by Commissioner west, and
Tears the Attorney -Generars Opin-
ion to Pieces.

thtC y OIplb"
ion to Pieces.
The following protest against the opinion
of Attorney General Brewstr ctouchlng tho
powers Of the Board of District Commission.
ers over the Metropolitan police and against
being tried by Commissioner West, either
alone or rs member OF the board OF trial,
was fled with the District Commissioners this
morning:
wAsIuaGToN, d. O., Jan. 10, 1888.
To the Hon. J. r. West, Hon. Thomas n. Morgan
and Major e.. j. Lydeckor, composing the Board
Of Commissioners If No District Of Columbia,
SUiM he poWers and subject TO ne limitations
n ne late Board 9f Metropolitan Police Of ne
District Of Columbia.
GENTLEMEN: The learned opinion OF tho
Attorney General Of the United States aud the
head Of The Department Of Justice having come
TO my notice through Its publication In the
newspapers Of this District, and the conclu-
sions therein announced, making your honor
able board the sole depository Of power over
the valuable rights and privileges that were
secured TO me by the Constitution and laws of
tho United States, am reasonably apprehen-
sive that ! may be deprived of fair and
lawful trial upon the charges made against
me and now pending before your honorable
board.
pray leave to express humbly my surprise
at this novel and startling doctrine that your
honorable board arc only restrained by your
own wills and pleasures In respect TO the
annulment or modification of all laws relating
District, whereby Innocence to-day may be
guilt tomorrow, or guilt one day be inno-
cence the next, 0your honorable board en-
powered even to make laws TO reach the OK
igencies OF a pending case.
Assuring with all sincerity, your honorable
board that feel the utmost confidence in the
integrity OF the learned Attorney.General, and
conceding his vast and varied learning In his
procession, of which he has long been d dis
tlngulshed member, yet beg leave TO bring
to your notice the following existing laws, fix.
Ing and defining and securing unal,erably
my rights and privileges as member OF said
Metropolitan Police Force, namely:
Section of the act of Congress, approved
August 9, 1861, entitled "An act to create a
Metropolitan police district OF tho District of
Columbia, and to establish police therefor"
which reads as follows: "That qualifications,
enumeration and distribution OF duties, mode
of trial and 1emOrdL from office Of such oflcer
OF said police force shall be particularly de-
fined and prescribed by rules and regulations
OF the Board OF Police In accordance with the
Constitution and laws of the United States
applicable sthereto, Pr0giaed, however, that
no person shall be appointed to ofIlce or hold
ONCE in the police aforesaid who cannot read
and write the English language, or who is not
citizen of the United States, or who shall
ever have been indicted and convicted of
crime.' Tho following clause was
added In an appropriation act of Con-
gress approved March 2, 1857: "That
no person ahall be appointed as policeman or
watchman who has not served in the Army or
Navy of tho United States, and received an
honorable discharge" "provlded that no per-
son shall be removed therofrom except after
written charges preferred against him to the
Board Of Police, and afler opportunity shall
have been afforded him Of being heard in his
defense" BY an act approved July 16, 1862,
these fundamental principles and certain or
dinances of late corporations OF said District
were made the law OF the District OF Columbia,
and have never since hitherto been disturbed
or sought to be disturbed, unless by your Hon.
orable Board, since the promulgation of the
learned opinion aforesaid.
Section II of the act last above mentioned
reads as follows, namely: "That for tho bet
ter exercise of the powers and duties herein
before enumerated, the Board of Police is
hereby authorized Immediately and without
expense TO the United States, to cause to bo
collected into compact form all the laws and
ordinances in force In the said District having
relation ana application to police ana health,
and publish the same in a form easily access
sible to all members OF the community, as the
police code Of said District, and the police
code so prepared, and SuchTuies as The Board Of
Police MAJ. from lime 10 time adopt for ne pVr-
pose Of enforcing and carrying out mot to an
null or modify the provisions ne'eQf shat con.
s!ttute the iaag Of said District upon he matters
therein contained"
reluctantly and modestly submit that your
honofable board, in the light of these statutes,
has no more right or authority 10 abrogate the
eternal principles OF Justice formulated and
enacted in said acts OF Congress relating to
tho mode and manner of trial of member of
the detective corps than you would have to
place HitddRd conUicted fetC'S, aliens lDtO cOui1
not read on trTtte ne EaJttSh language or F6d-
handed TeJtks thereon. / further pray leave TO
submit that your honorable board are the sue.
cessors merely OF the late Board OF Metropol
itan Police and have Its power aud authority
only to adopt such rules from time to time as
may be necessary TO properly enforce and
carry out the laws and ordinances Aforesaid,
and that whenever you may deem 1t advisable
to disturb the settled and long-establlshed
law OF said District you should follow the
plain path pointed out for you by Congress In
Which he act You your s sud
board OF commissioners, In the para
graph which reads as follows: tThat
1t shall be the duty of the said Commissioners
to report to Congress, at the next session sue
ceeding their appointment, draft of such ad-
ditonal laws, or amendments 10 ectStJng lars, as
in their opinion are necessary for the harmo-
and for the effectual and proper government
OF the said District of Columbla and said
Commissioners shall annually report their
official doings, in dCJdik, to Congress on or be.
fore the first Monday OF December" Such a
draft was prepared by the first Board OF Com.
missioners and duly submitted to Congress,
but has not hitherto been approved by Con.
gress; so that the laws and ordinances here.
inbefore referred to .st!ll remain in
call Of their original integrity and
annulled by act OF Congress or by your hon
orable board through the newly acquired
authority under and by virtue OF the power
vested In you by force of tho learned opinion
above mentioned. fail to see In these statutes
any semblance even of despotic power. And
It seems that said act creating your honorable
DOuTu CuFlalleu tuHu enlarged yOul
powers over those possessed by said Board oi
| Metropolitan Police, as there is an express
enactment therein commanding you 20 pre-
pareand submit TO Congress draft of any
changes that You may deem necessary In eX
| istlng laws From all which 1t Is palpablt
| that Congress created you to be executive
| officers and not legislative; tho power OF
Legislative control by thee onsttutIon is vested
| in Congress alone, and there seems to be nc
| evidence that Congress has ever attempted
even TO delegate 1t to any existing tribunal II
| the District of Columbia.
By the Sixth Article OF the Constitution o.
| the United States (amendments), the instru
| ment alluded TO in Il foregoing act OF Congress
| am entitled ''to be informed of the nature
| and cause OF the accusation against mo-" anC
| yet my earnest but respectful request IL
| writing to be supplied with a copy of the so
| called charges nled with and pending befor,
| your honorable board, many days since, Still
| remains unanswered, and II 1t were not fo
| the undeniable fact that your board is who'll,
composed Of honorable men, might suspec
| that any summary suspension from the fore,
| OF Metropolitan Police, and without any op
| portunlty TO be heard in my own behalf, wa:
| intended to be perpetual, and thus by
| subterfuge operate In fact as the removal prO
| hibited by law.
| I humbly pray leave TO add, with all dut
| respect TO my superior Officers, your honor
| able board, but profoundly impressed with thu
| grave consequences OF my "remOyal," both II
| respect TO myself and family, my and thei
regulations, that l hereby enter my earnes
| protest against my trial upon pending, ol
charges that may hereafter be filed betor
| your honorable board against me, while tn
/ Hon. j. II. West sits either alone or with you
| honorable board as one OF my Judges, for tn
reasons following, namely:
| /. Because the said j. r, West has beef
heretofore industrously and actively en-
N IN Gt1c tatl