Evening star. [volume] (Washington, D.C.) 1854-1972, 1888-05-02
TAE POLICE COURT,
Candtdates for Judge SMELLS Office
Ihe Delay In Deciding the Statue OF
the Court

AS Judge Smells term OF ONCE expires IN q few
Gays, and there are several names mentioned as
candioates Tor the Office, much interest Is felt as
70 the probable decision OF the United states Su-
preme Court upon the question OF the constitu-
uonalty OF the court raised In the habeas corpus
case OF Callan VS.. the Marshal OF the Dis
trlcL Thls case grew out OF what was
known as the musici ms boycott case tried In the
Ponce Court The appellant who was convicted
py Juoge smell, applied At the opening OF the pro-
ceedings for a trial by jury, which was denied.
Inc case was carried then to the supreme Court
OF the United states by haoeas corpus proceed
IngS II was argued in January by MI: J. II.
nalSton IOr The petitioner, ana Nj. Naury, {,
the Assistant Attorney General for the
United states. No opinion, however, has
yec Ueen announced. pill Is now pending In
the House District committee providing for the
estapiiShment OF police magistrates court, and an
appeal court for Jury trials but action on this has
waiting for The decision ef sse Hs Supreme Court.
The district attorneys ofice has In cases that
g migni involve similar questions 10 those
carefully since that case was taken 10
the supreme Court, and had action postponed SO
lar as possible. Ii seems 10 be very general I'm
preston among members OF the bar that the petl-
tion IN the Callan case Will be granted, Ihougn
there Is difference OF opinion as 10 the extent 10
which the Police Court may be affected by such
decision. One wel-knOwn lawyer, speaking 10
STAR reporter today, said that In his opinion II
the court found unconsututionality In any part oi
ehC az SStduuSuluS tuC W uoiS oSS "ouio
be held to be UNCONSTITUTIONAL and decision In
favor OF Calan would virtually abolish the court
others, however, and among them prosecuting
Omcers engaged before the court, were OF tne
opinion that such a decision would merely anect
the jurisdiction OF the court and take from IL all
United States cases involving jail sentences, leav
Ing 1t with full jurisdiction over cases growing out
OF local ordinances, and to act as d committing
magistrate in United States cases
AS the supreme Court adjourns on the 14th inst
unless decision Is announced before that day,
the present condition or affairs will continue until
fall One attorney thought the supreme court In.
tended TO postpone its decision until FALL In order
TO avoid the embarraSsments that might follow II
the District was left virtually without Police
Court during the summer.
AS stated, there are several candidates for the
place. Justice ). c. Mills, who has on several oc
casions nlled the Office temporarily, ard Mr.. I. f.
Miller, weh-known attorney, are recognized can.
| didates. Mr. Randolph Coyle, VI the district at
torneys of1ice, Is urged by his friends. Mr.. A. A
Lpscomb, OF the district attorney ONCE, is alse
spoken OF, but he den eS that he is 4 candidate
No formal applications TOR the Office have yet
been nled either at the White House or the Depart.
ment Of Justice. Judge Smells term expires on