Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-02-05

Recommendations Of the House District
Committee.

In their report in favor of the Senate bill for
police magistrates for the District of Column
bia the House District committee says:
This bill does not propose to enlarge the
jurisdiction of the Police Court in any way,
but merely to provide a jury for the trial of
the class of cases now in the jurisdiction of
that court. Under existing law no provision is
made for jury in the Police Court, and under
the recent decision of the Supreme Court OF
the United States no cases can be forced to
trial in that court except inferior INSIDE
meanors for breaches of the ordinances Of the
city, &c. for the reason that the constitutional
right of trial by jury has not been provided
for and cannot be given. Tie effect of this
decision will probably be to throw a large
class of cases into the already over
crowded Supreme Court of the District and
thus very seriously impede the speedy dispatch
of the business of the courts. The passage Of
this bill has been earnestly urged by the JUS
tees of the Supreme Court of the District, the
assistant attorney for the District, and the
judge of the Police Court. Your committee
are of opinion that the bill is very important
in the interest of public justice and a
proper dispatch. of the business of the
courts. Your committee have amended the
bill in a few particulars by providing for two
additional bailifs, rendered necessary by the
introduction of the jury system. by providing
for writ of error to the Supreme Court of the
District. and in a few other non-essentia par
ticulars."
They recommend the following amendment;
Sec. 2. That If upon the trial of any such
cause as aforesaid in the said Police Court an
exception be taken by or in behalf of the de-
PENDANT to any ruling or instruction of the court
on matter Of law. the same may be reduced to
writing at the time, or il may be entered on
the minutes of the Judge and afterward settled
IN such manner and within such time as NAV
be provided by rule by the Supreme Court of
the District of Columbia, and then stated in
writing in bill of exceptions. with so much of
the evidence as may be material to the ques-
ton or questions raised; which said bill
OF exceptions shall be signed by the Judge
OF the said Police Court. And if upon the
presentation to a justice of the Supreme Court
of the District of Columbia of a verified
petition setting forth the matter or matters so
excepted to, such justice shall be of opinion
that the same show probable error in any
ruling or instruction of the said judge of the
Police Court. the said justice shall allow a writ
of error in the cause, which writ shall issue
out of the said Supreme Court addressed TO the
said judge of the Police Court. and the said
judge as a return to such writ shall thereupon
send up the information or complaint filed in
the cause and copy of all the proceedings
therein duly certified to the said Supreme
Court, and the said Supreme Court shall pro-
coed to hear the said cause in general term as
other causes duly appealed thereto: Procided.
holcece7. That no such writ of error shall be al
lowed after one month from and after the sign
ing of such bill of exceptions as aforesaid:
And pr'orded further, That the justice allowing
such writ may stay execution of the judgment
of said Police Court upon the entering by the
plaintiff in error into a recognizance, with suf-
fcient surety, to be approved by such justice.
for his appearance at the general term of the
said Supreme Court then pending, or. if no
such general term be pending then TO the next
&C. raj term, there to prosecute the said writ
4 or to effect and to abide by and perform
the judgment Of the said Supreme Court in
the premises.