The Labor enquirer., 1886-01-09

9ufo ana cause Oh tn0 accQ0aton, to De
confonted with the witnesses. !. against
him, to have compulsory process for OBJ
tanning Witnesses In his favor etc.
One Of the artlcles Of Magma Charts
declares that no man shall in criminal
cases be arrested, imprisoned, banished
ETC.. bat by the Judgment Of his peers
that is the JUDGMENT Of jurv.
DEFINITION OF cRIME.
"a wrong which the government no.
tices as injurious to the public and pun
lishes in what is called criminal proceed.
ings in its own name. NJ Bishop Crimi.
nal Law, s49. Section 4, Den N. Y. 26O
6 Ark 1s7,461. It embraces assaults
battery, larceny, embezzlement, obtain
ing goods under false pretenses, resist.
ance to officers, malicious mischief
] breach of the peace, libel, keeping OF q
house of lll-fame, gambling, sabbath
breaking, cruelty to animals, drunken
ness, etc.
Yet, section 1904 of the revised stat.
|utes of the District of Columbia pro-
vides: "That prosecutions in the police
court of this city shall be by informa-
ton under oath without Indictment by
grand or trial by petit jury"
We respectfully submit that this sec
ton of the revised statutes referred to is
unconstitutional in so far as it abolishes
indictments by grand and trial by petit
Ijuries in criminal cases.
An act of congress. approved march 16
1873, chapter 81, revised statutes of the
United States provides "That in the
trial of all indictments, information,
complaints, and any other proceedings
against persons charged with the COM
mission of crime, offenses, and misde-
meanors, in the United States, terrific
rial or courts of inquiry-in any state or
TERRITORY, including the District of Col
lumbia- 1.-The person so charged shall at
his own request be a competent witness,
and his failure to make the request shall
not create any presumption against
him."
Yet, we are able to prove whenever
called upon to do so. that the police
court of this city (presided over by the
celebrated Judge Smell, who decided
that labor unions werea nnisance) when
trying person upon criminal charge,
does not in all cases allow the accused
either compulsory process for obtaining
witnesses in his favor; nor to testify in
his own behalf. nor to introduce any de-
fense at all. All of which we respect
fully submit is unlawful and unconstitu-
tional. p ~
Section 1o49 of therevised statutes of
the District of Columbia provides: "The
police court shall have original and ex-
elusive jurisdiction of all offenses against
the United States committed in the Dis
trict of s Columbia not deemed capital or
otherwise infamous crimes" Section
1854: s'The court may enforce any of
its judgments or sentences by fine or
imprisonment, or by BOTH" Definition
Of original and exclusive Jurisdiction,
By original jurisdiction is meant the
right vested in the courtto hear and de-,
termine cause in the first instance. \
Exclusive, when the
particular cause can only be brought be,
fore the particular court. -
We respectfully submit that court
having original and exclusive jurisdic-
ton of all ofenses against the United
States committed in the district except
capital and otherwise infamous crimes,
and power to enforce its judgments and
sentences by fine and imprisonment or
by both, as provided in sections 1049-
1854, and conduct prosecutions without
Indictment by grand or trial BY petit
jury as provided by section 1864 is most
outrageously unconstitutional.
In the Law Reports of supreme court
of the District of Columbia, No. As, page
300, Justice Olin recorded his opinion on
this subject matter as follows: II find a
difficulty still living back of the statute
creating the police court which is found
in the amendments to articles v. and
VIaof the constitution which provides: /:
Mcpherson shall be deprived of life, lib
erty or properly without due process of
law, and that in all criminal prosecu-
tions the accused shall enjoy the right to
speedy and public trial by an impair
tial jury of the state and district wherein
the crime shall have been committed
IF mans liberty or property can be
taken in criminal prosecution by po-
lice magistrate without jury trial, why
then his life may be taken, and he
might as we'll hang man under the act
of congress authorizing the police court
to do so, as to deprive him of his liberty
and property. ~ Now
while 1t is true that in all criminal cases
the party sentenced bv the police court
may take an appeal to the higher courts
but such an appeal works great hard
ship upon poor person because, first,
he must give bail of real estate owners,
and, secondly, it involves another eoun
sci fee. And If he is unable to secure
them the sentence of the court without
| trial by jury or privilege of defense