The Washington bee., 1897-12-04
WHY JUDGE KINBALL sgo,,
BE REMOVED 'HoUl
A PRACTICE THAT THE pso,.
DEMN-NO LAW FnD s Coz,

Upto short time AGO I,,.
imposed some Of ths . J1uSe Ninb,R
hnes that has ever BEN l'yS' yS TldiCuIoO.
JUDICIARY IN this CITY. Ibs -I5"n o5.ni 10 d,
the imposition Of sen;enr..C C,llei anon,
and other games. In a "dsn Gan
guilty, he would impose peISoa PLEAD
II he did not plead guItya,r4n rns Of
vlcted he would add an s@I;,l aIG Vas coS.
"A young colored bow wsS sESO'Soaai
MS front steps during one :. citing ),
summer mouths and AN a. ~ ne 10,
ed MIN to go into his hons. =, ,1qle''-
OF course, refused which NE Ns
right TO do. The IesrimonI dad
OthCer was that he bad rrJa1U{ Of d.
to go into his house 1S'su 'he In
Judge kimbalI asked the
refused 10 obey the Officer ~ "ny5.
OF the boy was that 1t was too, 'ne 'spl
sit IN the house. '0' "aTnb
He was given fifteen davs
From the report Of the { Inm,;.
erS, on pages "a and IS, the f'''sso' fo'issyo
can be seen: '0'lOTI'l
he health officer r-,o-,.
OF 225 cases filed for unfaVG,I ,.,e slal 90
only 81 cases were fines lmno[a5r ,rl1s'
IN los other cases OF conyIct,oo 'aIs
same charge, personal bonds ~.- .Ius'
ken. concerning the rtfer, "I'e ~ q
practice upon his department, snl ~ IS I
public health he submits the foIaINe l''N Ne
In the enforcement of the health 81.
| this department is required after ~ fH.lial5
of a nuisance, to .Ify the -r,nor,S,U - US yty
| abate II within a specified tim. I,'''S lAIly L
| failure TO comply with the terms nj ,S-ya 10y ats
that the warrant IS asked for ana m. ~ ,.IOS lVOS
ierreo 10 the police court tr set,lemrr, = =
4 practice, therefore, Of permitting tbr - 'e
in such cases to go withOu, pu.'isbmsn,,, ,-iaS
in the continuance OF the nuisance to- - ''aS
| eSSary and unreasonable length az ,,,.l - -'0S
danger OF the public health. II br,p,s;-." =" e
tempt the notices OF thjs depsrtm,sS, ~ 4''1s
notified and their neighbo.s soon F'SS
aware OF the fact thot tbs police ,or-, w
enforce compliance with the orders of tba L.,s.
department.. IL neCeSs tales au unr.,..I
number of inspections IN sucn cases ttC'Nl
venting the inspectors fran examining, a.. -
A number of premises as would % her,yss b..S
sible, and increases the average cost of 4,,s ~
inspected. IL results iu an uunecesS,r, nrSt ny
OF cases reaching the police court In View \
contempt into which the notices OF ,bi, 5.,..
ment are brought. so that the inspector, -.
liable time while waiting 10 be heard a, vitr.-
es in such cases.
am aware that it is 'leaded IN ius,6cltio, Il
the practice OF accepting personal bonds aa
il is the case. notably with reference to p,r,-,
charged with violating the health orill5s
that the defendants are poor and hatuuc15
work hardship to require them to pay hne, +
to b.. imprisoned. In such cases lt they are t,
poor to pay the cost of abating the nuisance m.
or to the expiration Of the time allowed wl,
health department, their personal bond, N
probably worthless; nor can see Why heyle
any better able 10 abte the nuisance after hay,r
given their personal bonds than they we
able to do so within the time allowed by a,
health department.
To sum up, the practice of taking "perusl
bonds results in the continuance OF nulQrS
for an unnecessary length OF time and increase,
the cost and diminishes the efficiency Of d. b.
spection service OF this department
Captain Burr, assistant TO the Enl.
neer Commissioner, reports upon he
practice as follows:
The majority of cases carried into thepr.
court by the water department are on ac0H,i
wasting Potomac water either through ang
nNtuTeS. or lcdNlnN uAAtll . lYch, " ls
liberately securing fixtures So as 20 layeiui
tiuuous flow of water Case on account
!, leaking fixtures are taken iuto count only mal
ure to repair them after due notice has ID
given.
1t has been four that the taking Of pTyH
bonds" is practically OF no effect N Secri
compliance with the regulations The fact d
the court imposes go puHIShn ent 10 maHy uy
acts as information to the guilty party, lntd
ers, that the regulations of the deparlmenidi,
violated with impunity. II requires repra'dl
speCtiOuS with a force already nadequatg g
proper inspection service and much IOsSGl-
attending the police court as witnesses
The waste of water in this city IS large pam
;, ularly at certain periods of the year. andii,a
= ply is much below the demand. II remedy
deliberate and wantOn waste canno, r Z
through the police court the waste muSiao
y. be permitted to continue, to the detrlrend oil
water service, or must be punished by cutting
the supply of water entirely from the prems1
{ remedy that the department IS very .oll
/ adopt.
Il The Commissioners are advised d
there is no authority OF law to just
the taking of personal bonds in lh'
D. cases after conviction, and that
penalties of the bonds are abSOlul
uncollectible, and are never intend
i, to be collected that it IS an abSol
- ending of the case a conviction vi
= out a punishment, contrary to the
in such case made and provided.
1t is useless TO try 10 amend exlSI
laws now imperative for want oi
z. alties. If the penalties when provo
z, are to be ignored and the psisO
bonds of the offender su6sillu
therefor. This practice, when
doubt springs from the most num-
e considerations, is a serious menace
d. the puolic health, an obstrucllOn
the enforcement Of the laws
10 should be discontinued. All Sanl' ~
laws should be rigidly enforced u !.
ie reduction in the high death rate
be expected.
In view of the serious conSequgn
which the taking of personal DOnus .,
wolves and the long esta0liSh'nsH
the practice, the Commissioners ~
constrained TO recommend, IN .l. ~.
~ terest OF the public welfare ''|I r
discontinuanCe be directed O'
oYacc -