The times., 1897-12-04

municipal corporation OF washington or
Georgetown, or of their successor, the Dis
trict of Columbia. They were appointed
and controlled by the board of police. a
body intrukted 10y Congress with specific
powers, ana entirely Independent Of any
municipality. They were officers of the
metropolitan police force. The mere trans
fer OF the powers OF that board 20 the
individuals from time to tiIHe constituting
the Commissioners of the District of CO.
lumbia, and their exercise of the appoint
ing power, in my opinion, does not Confer
upon their appcintees any Official rela-
ton TO the municipality. 1t would seem
that, for economy OF administration, the
old board was abolished. and their bowers
transferred TO tie Commissioners, but no
purpose is ndicated by the Congress to
make any change in the relations If the
police force To the corporation. The In
dictment does not charge that the de-
fendanJ was appointed by the Commits
sioEers, but he must have received his
appointment either from them or their pred
ecessors, the board OF police, and, I'm either
case, lie was not appointed by virtue of
aI,y authority conferred upon the District
of Columbia, and because Of this lack of
official relation it seems to me TO be clear
that he was not an officer of the District
OF Columbia in the sense in which Il at
term Is used in the statute under which
he was indicted.
Other reasuas are recited for this opinion
Judge Bradley concludes that Williams was
not an officer or the District IN the per
formance Of lih regular duties, or such an
officer de factO, and in its service, when
performing the duty to which he was
assigned at the police court. With regard
10 the latter question, Judge Bradley said:
"In United states cases process for arrest
is required To be directed 20 the marsh IL Of
the District except in oases of emergency,
when ii may be issued TO the major IF 10
lice, and in municipal cases such process
must be issued to the major Of police. The
fines, penalties and forfeitures imposed or
taxed by the court are TO be collected by
the marshal, or by the major of police, as
The case may he, on process issued by the
court. Section 1919, r. S. d. G.
"The marshal is remunerated by fees for
such sci rices. No compensation beyond his
salary fOr like services rendered by the
major OF police = provided The marshal
is compensated by fees allowed. The major
of police receives salary. Obviously the
marshal aid the major OF police stand in
like rele tion to the court IN the execution
OF its pFccess. Under the necessities of the
service both Of these officers must act b.
deputy. TIE defendant In the performance
OF his duty. to which he was assign I'd by
the mi. ior, acted as his deputy. He had no
other authority or power, for all process
! executed by him was required TO he
directed To the IuaJor of police, and in the
receipt Of fines, a well as in the execution
OF process for their collection, ne acted in
that caraeity.
''Is the major of police an officer or agent
OF the District, andin its service, with refer
euce to the execution OF process d.re cted to
| hin, by the police court, which he is bound
! by the statute 10 execute and make Ge-
| turn in like manner as in other cases?'
| Plainly not. He is an officer or the law,
! charged with & public duty in the perform
ance of which the District as q munich IL
] ity has no direct or immediate interest, and
| over " hich IT can exercise no control.
! As to such duty, neither the former noard
| of police, nor their successors, the Com
missionegs OF The District, although the
source from which that official received
| his appointment, could exercise direction
Suppose process issued TO him, anu the
major Of police refused to execute it, exc
| cution having been forbidden by the Com
nissioncTs. could it be doubted that he and
tliey would be anenable TO contempt pro-
! cecdines?'
1T appears 10 me to be very clear tlat
the defendant did not occupy an official re.
lation to the District of Columbia in the
sense of tie statute under which ne is in
dicted in the ministerial duties which NJ
performed at the police court as the dep atty
of the major of police.
These considerations and conclusions, In
!. deIendently of the further question OF the
ownership of the money collected while il
TIRE hands of the officer of the law before
payment over TO the District, require Il a
the Judgment shall be arrested. It is 81
ordered and the prisoner is discharged y
Williams was released as soon as tn
deciSion was read He was congratulate,
by many OF those present and then wen
home TO ten the good news to his wife
His color began TO come back and d