Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-08-17
THE WRIT DENIED
John Dugan Remanded to the Jurisdic-
ton Of the Police Court.
Must Stand Trial for Cruelty to a
Horse In Driving Him Until
Exhausted.

habeas corpus was dismissed today by
Judge Cole and the petitioner remanded to
the custody of the Police Court officials
Mr.. Dugan was arrested several weeks
ago by Humane Officer Rabbit on a charge
of overdriving a horse at the Brightwood
race track, 1t being learned that the animal
as driven until thoroughly exhausted and
not permitted to rest even when in that
condition. The arrest was made under
an act of the legislative assembly Of Au-
gust, 1871.
Mr.. Dugan then petitioned for a writ of
habeas corpus, his counsel, Mr.. Andrew
Lipscomb, contending that the act of the
assembly was void, on the ground that 1T
permitted an unreasonable punishment to
be inflicted-imprisonme in Jail not ex-
ceeding one year or fine not in excess of
$3.50, in default of which Imprisonment for
an additional year could be imposed.
Thus. according to Mr.. Lipscomb, a person
could be imprisoned for two years for over
driving a horse, should the law be de-
clared valid.
Judge Coles Decision.
Judge Cole said that the contention that
Congress did not confer general legislative
power on the assembly was sustained by
the Supreme Court of the United States,
but the question in the matter under con-
sideration was whether the specific ordi-
within the scope of the regulations Of
authority, and the court ruled that it was.
In regard to the contention that the leg
islative body transcribed its authority by
giving the court is power to make heavy
sentence of penalty for violation of the
ordinance If the courts saw proper to do
so, Judge Cole admitted the existence of
high authorities who say that assemblies
cannot make such sliding scales of penal
ties, but he declared the answer to the
contention to be identical to the similar
question that was presented in the recent
case of w. Kesley Schoepf of the Ecking-
ton and Soldiers Home Railway Company.
Judge Cole went on TO say that in every
instance where the judicial decision has
been that the penalty for the commission
of offense must be regulated by the
municipal council, and not by the courts, is
where the charter establishing the NUM-
cipal corporation has expressly provided
that such shall be done.
Power of the Police Court.
Congress created the Police Court year
previous to the passage Of the act under
which Mr.. DIgan was arrested, continued
Judge Cole. Provision was made that the
Police Court judge must be learned in the
law.
He is, therefore, supposed to possess legal
discretion and be thoroughly competent to
consider the matters falling within his
jurisdiction. But, in addition, an act Of
Congress, passed June %. 1890, confirmed
tHe ACT OIL 1911. Inc tNlTu section Oh the act
of 1890 amends the twelfth section of the
act of 1871, and proves conclusively that
the Police Court has jurisdiction in the
matter at issue. and that the act is valid.
Regarding the allegation that the penalty
is in excess of the authority of the Police
Court, Judge Cole remarked that in the
Shea case, carried to the District Supreme
Court. it was ruled that If the Police Court
imposes penalty in excess of that per-
mitted by law, the penalty is valid in so far
as the maximum limit of the law reaches
and no further. Judge Cole went on to
say that it was not for him to determine
whether or not the Police Court judge
should impriscn for more than one year.
as that question can be brought up on
petition for writ of habeas corpus, after
trial, conviction and sentence, if such
should be the case.
The Writ Denied.
81 think the Police Court has authority to
try the case" said Judge Cole, land the
petitioner is therefore remanded to the
custody of the officials thereof"
Notice of an appeal was given by At
torney Lipscomb, Mr.. Dugan's bail being
continued in the sum OF $500, with Wash
ington Nailor as surety.