Evening star., 1897-02-13
THE SUNDAY ORDER
Arguments Over the Law in the
Police Court.
POWER OF THE COMMISSIONERS
Newsboys Arrested for Crying Their
Papers.
ID E CT SION RE 6 E r Y E D

Arguments were made in the Police
Court today on the right Of the District
Commissioners to frame a regulation pro
hibiting newsboys from crying the names
of newspsp pers Sundays General William
Eirney and Major j. Mcdowell Darlington,
in opposition to the regulation, and Pros
ecutine Attorney James l.. Pugh. jr., in
support thereof addressed the court at
length Judge KimbalI reserved his de-
cision explaining that he desired to con-
suit a recent opinion of the District Court
OF Appeals, that he expected would in
nuence him in disposing of the question
at issue The newsboys who are de-
feudants in the case, Charles McCauley of
: Myrtle street. Marshall Johnson of 1924
10th street George Gray of 1910 9Th street,
and George Dent, were In court, while
among the interested spectators were sew
eraI members of the Secular League
Gen. Birney opened the proceedings with
a motion % quash the Information against
the boys. He admitted that the subject
matter of the hearing was within the prov
iI.le OF tne Commissioners, but added that
Congress cannot delegate power In general
matters. The power granted to munich
pdiity is special. said the attorney. and
must be strictly construed, and that was
The principal hing before the court today.
Congress gave the Commissioners power to
lions. specifying that they could prohibit
loud noises by horns. gongs or other in
struneuts, or loud cries upon the streets
or public places That power, 1t was ar
sued, must be followed strictly by the
Commissioners in making their reguia tions.
No person within the District of Column
bla shall make any needless noise or out
cry, the attorney read from the regula-
tions. Continuing. he characterized it as
not usual regulation On the contrary, ii
Was set forth, 1t is most unusual regula-
uCn. The clause. No person shall make
any needless noise or outcry." de-
riared TO be the most extraordinary clause
ever included in regulat tion. 1t would be
Il bad business for babies, for persons
giving an alarm of fire after the regular
alarm had been sent out. 1t was not in
tended by Congress. said Gen. Birney, to
forbid any noise or outcry- Congress has
expressly limited it 10 loud outcries. The
regulation In dispute departs entirely from
the power given the Commissioners by
Congress. 1t pretends to prohibit any out
cry, whether loud or otherwise. The Com
missioners have exceeded their authority.
claimed the attorney. The regulation is a
stupendous absurdty. and, 1t was submit
ted, the court was without power to inter-
lire, in order to make it reasonable. The
ordinance must stand on its merits
Gen. Birney further said that the infor-
nation in the case did not set forth that
the crying was at unusual hours. In sum-
ming up he claimed that the power con-
ferre|f on the Commissioners by Congress
contains limitations, that the limit ations
have not been observed. that the regula-
tion Is a great deal broader than the power
under which 1t is made and that the in
formation was not in proper form.
Called Ii Absurd.
Maj Darlington followed Gen. Birney
The regulation, he said. was absurd and
relief would be afforded until It should
be referred back to the Commissioners for
correction. The Information charged that
he Iafa "a
on Sunday. but 1t yet remained to be de-
terInined whether or not any law exists In
the District authorizing the district at
torney to draw up such an Information.
The attorney requested the court to give
rolemn consideration to the questions:
Have not the Commissioners done
thing which is oppressive and in excess
of their authority? Have the Commits
sioners enacted usual and reasonable
reputation
Does your honor believe that Congress
inteEded," continued the attorney, that d
man carrot sneeze. that a baby cannot
cry Congress meant and plainly says loud
noises They must be unusual in character.
But no. Here We have policeman coming
into court saying that i.rninutiye news
10y. In feeble voice. announced the New
York papers. / maintain that the Commits
slorers lad no authority TO make the
amendment Of December 81 last.
NO person in the District of Columbia
shall make needless noise or outcry," the
attorr ey went on to say. Is there such a
provision under any other government in
the world? Why, the Car of Russia could
not do that. The regulation Is drawn with
wantcn carelessness. 1. Is in restriction of
trade The regulation is meaningless be-
cause OF It's want Of certainty. The Conn
mtssioners may well say that a man
shall rot whisper TO another in the county
far outside the city limits
What Is the custom in other cities?'
asked the court.
1T is varied" explained Gen. Birney
ut F.yr--,,
power TO pass police regulations is cer-
tainly given the Commissioners by Con-
gTess. but they must conform strictly to
the enabling act / think this matter should
be referred back to the Commissioners for
correc ton The information does not spe-
Cify 1oud' crying it set forth in the
regulation 1t merely states that the boys
'ftd then and there cry certain newspa-
pers on said street, said day being Sun
day"
Resuming. Attorney Darlington declared
that the statute was nonsense from begin
ring to end. 1t was couched in language
TOO bad 10 be used in any sort of official
document. He concluded by saying that
The regulation was absurd, unreasonable
Unusual and arbitrary.
The Other Side.
In support OF the Commissioners. Prose-
cutting attorney Pugh stated that the reg
uiation must be interpreted in accordance
with the enabling act. The Joint resolu-
b4pi4 VI NOnPTeSs OF NV, ne added. would
cure any possible defect that might exist
In the act of 1881
The only question for the court to de-
tel 1mine, said Mr.. Pugh, Is whether this
~ a usual or reasonable regulation and
TIE court Will interpret IL in the light of
the enabling act. II says regulate or pro-
h bit In addition to the power of regular,
lng the commissioners are given the power
u prohioit Further, Congress IN 1892
gave the Commissioners additional mower
Inc court must interpret the act Of 1887
ana the resolution of 1892 with the or
dinance as IL stands"
MI Push contended that the Information
was drawn up properly TIE same condi-
toa exists in other cities, he went on To
cay, and TIE authorities have found II nee
eSsary 70 make a correction. The reg
uiation is drawn IN regular form" con-
cluded Mr. Pugh. 1T is reasonable and
ought TO be sustained" ~
Judge KimbaIl will probsbIv onno.
his decision the latter part of next week
Acts Approved.
The act to correct the military recox,a
of H0rnar q Ao(>nskey ~.