Evening star. [volume] (Washington, D.C.) 1854-1972, 1888-05-15

| VIEWS or THE PROSECUTING ATTORNEYS or THE
POLICE COURT AND oTHKRs-A swREPrNe CHANGE
| OF EXISTING METHODS Is INVOLVED.
The question involving the constitutionality OF
| the Police Court was nrst raised by Mr. John T.
| McNally In the case Of man who had received an
aggregate long sentence in the Police Court on
several charges OF larceny. The question was
raised In the supreme Court OF the District, but
In rendering its decision that court said; 1--WE will
not pass upon the constituti0nalty OF the Police
Court but will refer counsel to the Supreme Court
of the United States" thus intlmatlng that It was
the opinion OF the District Supreme Court that
the Police Court was unconstitutional For some
! reason that case was not taken to the United
states Supreme Court and thus the matter has
late C. 8. Moore and Mr.. j. III. RaistOn IN the
musicians boycott case.
ASSISTANT DISTRICT ATTORNEY LrPscoMB SAYS An
OTHER CRIMINAL COURT WILL BE NECESSARY.
Assistant District Attorney Lipsconb, when
asked about the decision to-day, said: "As I
understand It, the decision does not only say
tnat all cases brought by the United states can
NOT De tried IN the Police Court, but that it win
District OF Columbia. The decision WIN not az
rect the power OF the court to examine and com.
init 70 jail for the action OF the grand jury"
What District cases win 1t affect?" asked the
reporter. '~' '
THAT is a question which will arise in the
r ne answered 1.-THE people Of the District
the decision, because Congress viii now have to
pay some attention to District law and then it is
be obtained. 1t viii make the creation of another
Criminal Court absolutely necessary The CrImt.
MAJ ma Court calendar Is already crowded. and when
all OF these petty cases dumped upon it it will
Oe absolutely impossible for the court to dispose OF
Its business part OF the act creating the Police
Court win be wiped out, but 1t does not AFFECT sec
ton 1O51, which gives the court the power to
make preliminary examination simply for the
purpose OF determining whether there Is probable
SENDING ~ IN fbo n
lefty assaults, larcenies and other petty cases,
will have to be taken before the grand jury
THE POLICE COURT MERELY COMMITTING COURT
Assistant District Attorney Sheppard, who pros
ecutes In the Police Court said: 81 think that the
decision will simply make the Police Court a COM
hitting court. 1t gives every one the right of
trial In the first Instance, especially where he de-
mands one. The decision no doubt includes all
cases brought N the name OF the United States
There Will be more work for the clerks in the PO-
lice court, and then the work Of drawing tndict-
ments viii be greatly increased. Under the decis-
ion the police win longer have power to receive
collateral, and
ALL PERSONS ARRESTED WILL BE REQUIRED TO GIVE
REAL ESTATE SECURITY,
or remain behind the bars, but the power to arrest
on sight will still be retained. AT present there is
an average Of from fifteen to twenty cases tried In
the Police Court, and twice that number can be
easily disposed OF, while trials before Jury will
not average more than five or six q day. Among
the cases which Will have TO be proceeded upon by
indictment are prosecutions for failing TO have
tag on a dog, so that dog-ow arrested for this
cause Will be required 10 give real estate security
or be locked up.'
Mr.. woRTHNGroN NOT SURPRISED.
Ex-District Attorney Worthington who ap-
peared for the Government in the case OF Callan
ct al, was not at all surprised at the decision. He
thinks that under it the Police Court will have
power to examine cases ana send them to the
grand jury. In other words, the Judge OF the
Police Court will have the power or an examining
trict cases, he thinks there will be no change.
In the Police Court To-day.
THE UNITED STATES IN A PBEDIcAMENT.
This morning when the Police Court convened
Prosecuting Attorney Sheppard, in calling the at
tention OF the court TO the decision said that IN
der it the United states finds itself In predica-
ment, and until the fun text of the decision Is
ceived he will be unable to tell what mode Of pro-
cedure Will be followed. Under the decision he
has no doubt but that the court will have power
TO act as eXamin ng magistrate, and in order that
he might have time TO fully examine the decision,
he would ask the court to grant a continuance
no doubt but that the court had power 10 try the
cases on warrants and the court could therefore
nix bail for the defendants or fix an amount OF COL
lateral which could be left by the defendants who
were put 10 great Inconvenience by the decision.
JUDGE SMELLS VIEWS.
Judge Smell said that as he understood the de-
cision It was very broad one but its exact scope
has not been brought to his attention. The court
VIII act conservatively at present and will grant
the request OF the attorney to continue the cases.
The scope may not be quite so broad as 1ntimated,
and the question now Is how far It goes. 1t will
not be necessary for the present judge to give
opinion on the subject, as after tomorrow there
viii be new Judge. The court will not cross any
bridges until IL comes TO them. Last year the
judge said there were f. 03 United States cases
tried in the court while there were but O. appeals
SO that II the deci-ion has the scope
1t Is thought TO have the Criminal Court
will have to try the 1000 or 5000, cases
annually instead OF the 81 tried last year. As TO
what effect the decision will have the Judge said
that last year the marshal collected in the Police
Court ST., Dol which was turned into the District
treasury. Under this decision that will be net
loss TO the District and the United States will get It,
MINOR CASES DISPOSED OF.
Nine prisoners, charged with trifling ofrenses,
were brought before the court and were sent down,
being unable to give small bond or leave $50 COL
lateral Two persons charged with assaults were
released on their own recOgnizancos.