National Republican., 1883-01-13
THE LETTER
is as follows

up" testimony.
THE LETTER
is as follows:
WASHINGTON, D. c., Jan. II, 1ss3.-To the Hon.
j. X. NEsr Hon. THOMAS p. MORGAN, and Mai.
q. j. LHDECKER, composing the board Of cummls
sioucrs of ,he District of Columbia. with the pow
ers OF, and subject to the limitations of law upon,
the late board of metropolitan police of said dis.
tIict-G -GeGHgmen: The learned opinion of the at.
torney general OF the United States, and the head
of the department Of justice, having come TO my
notice through its publication in the newspapers
of this district nd the conclusions therein an.
nounced making your honorable board the sole
depository OF powers over the valuable rights and
privileges tIat were secured to me by the Cousi-
tuion ana laws of e United Sutes I am reason
ably apprehensive that may be deprived Of
iair ana lawful trial upon the charges made
against me ana now pending before your honor.
able board.
pray leave to express, humbly, my surprise at
this novel and startling doCtrine that your honor
able board are only I, strained by your own wills
and pleasures III respect to the amendment or
modification of all laws relating to the'b1urd OF
metropolitan police oil this district, whereby in
nocence to-day may be guilt Tomorrow, or guilt
one day may Ge innocence the next, and your
honorable board emp wyred even to make laws to
reach the eXigenCies OF II pending case.
Assuring, with all sincerity, your honorable
board that ltel the utmost confidence in the in
ttgrity OF the learned attorney general, and con-
ceding his vast and varied learning in his protes-
sion, of which he has long been II distinguished
member, yet l beg leave TO briug TO your notice
the following existing laws fixing and ueHniug
aud securing uualterably, my rights and priy.-
itges as n member OF said metropolitan, police
Section OF the act of congress, approved August
| u, lSOl entitled AN act to create u NJ trOpoltun
| Police district OF the Dstrc. OF Columbiu, and 10
establish police therefor" which reads as iol.
low: That qualifications, enumeration, and dis.
| tnbuton OF duties, mode OF trial and removal
from Office OF each officer of said police force shall
! be particularly defined and prescribed by rules
ami regulation OF thG board of police, In Accord
an e with The constitution ard laws OF the United
! stItes applicable thereto; provided, however
that no person shall be eappOined TO Office, or hold
oilce 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; provided, that
no person shall be removed thereIon except after
| written charg preferred ugans. him 10 the board
| OF police, aud af or opportunity shall have been
| oilordcd him of being heard in his delensc."
by IN act approved July 10, 1862, these iunda-
mental principles aud certain ordinances of late
corporations OF said district were made the laws of
! the District OF Columbia aud have never since
| hitherto been disturbed or sought to be disturbed
| unless by youc honorable board since the promui-
| cation OF the learned opinion Aforesaid. Section
ii Oi the act last above mentioned reads Us fOl-
lows, namely: " That Tor The better exercise of the
! powers aud duties hereinbefOre enumerated the
! board OF police is hereby authorized Immediately,
| anu without expense 70 the United States, u
| cause TO he collected into compact form ali the
| laws and ordinances in force in the said district
| having relation and application to police and
| health, aud publish the same in II form easily ac-
| cessIble TO ii members OF the community, us the
| police code of said district; and the police code
so prepared and such rules as the bOdr of man
JrOm time 10 time ddOl for The pgIpOse Qf enforcing
and carrying OUT tuot 10 annul or modify "He
provisions thereof shaH constitute the iGlus Of he said
district upon ne matters therein cORtdRGd"
/ reluctantly and motestly submit that your
honorable board III the light of those statutes has
no more right or authority to abrogate the eternal
| principles of justice formulated and enacted in
said acts Of congress relating to the mode and
! manner Of trial Of Il member Of the detective
corps than you would have to place tried and con-
ricted JelOns, aliens, who could not read or wrie
the EHglish language, or red hdHded rebGS thereon
| iurther pray leave to submit that your honora-
~ IN Vg.ff l.sa
| board OF metropolitan police and have its power
| and 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 established law Of
| the district" you should follow the plain path
| pointed out for you by congress in the act APP
| proved June IL, 1873 TO which you owe your eX-
istence us such board OF commissioners, in the
| paragraph which reads rs follows: "Ihut IL shall
be the duty of the said commissioners to report TO
congress, at the next session succeeding their ap.
| pOnmcnt, drgH Of such additional laws, or
amendments 10 ertSttng drs as in their opinion are
| necessary or the harmonious working of the sys.
| TEN hereby adopted and for the ohvctuul and
| proper government OF the District of Columbia,
and said commissioners shall annually report
| their Official doing IN detail to congress on or be.
| fore the hlst Monday of December"
| such d all was prepared by the frst board Of
| commissioners and duly submitted TO congress-
but has not hitherto been approved by congress so
! tnat the laws and ordinances hereinbetUre re-
| terred To- sul remain IN all their original integ.
! rity, aud Will So remain unless ch nged or an.
nuiled by act OF congress or by your honorable
| board through the newly acquired authority un.
| der andby virtue Of the power vested in you by
! force ul the learned op n on above mentioned,
| fail Ds,e hose .tuu,cs any semblance even of
despUtiC power, ana IL seems rather that said act
creating our honorable board Curtailud rather
than enlarged your powers over those essed by
said boaId Of metropolitan police, as there is an
express enactment therein commanding you TO
prepare aud ,ubmitto congress "dratt' Of any
changes you may deem necessary in existing laws,
| from which II Is pail able that congress created
you to be executive officers ana not legislative the
power Of legislative control by the constitution
being vested In congrgs, alone, AMI there seems
even TO delegate IL 10 any existing tribunal IN
the District OF Columbia. By the sixth arti-
Gle of The constitution Of the United States
(umendmeut,), tue instrument alluded 10 in u
foregoing act OF Congress, am entitled tu be in-
formed OF the nature ana cause OF the accusation
aga inst me- ana yet my earnest but respectful re-
quest in writing to be supplied with copy of the
81. called charges filed with and pending before
your hon uraOle board many days since stlll re-
mains unanswered, aud IL II were not for the un-
of honorable men, might suspect that my sum
mary suspension from the force OF metropolitan
police, ana without any opportunity TO be heard
in my own behalf, was Intended 10 be perpetual,
ana mus boy Il subte uge operate In iuct a. the
removed" prohibited by law,
humUly pray leave 10 add, with all due respect
to my superior officers, your honorable board, but
profoundly impressed with the grave consequences
| of my removal" both in respect to myself and
| family my and their reputation, that / hereby
| enter my earnest protest against my trial upon
| Iendiug or charges that may hereafter be filed
! before your honorable board against me, whilst
the Hon. J. X. West sits either alone or with your
honorable board Us one Of my judges, for the rea.
j, Because The said ], R. West has been hereto
II IL - L. a aN a L. -