Evening star., 1897-02-17
SUNDAY NEWSPAPERS
Judge Kimbau Upholds the Order Of
the Commissioners.
QUOTES FROM RECENT DECISION
Newsboys Cannot Cry Their Papers
on the Streets.
UTURE EEDING S

! Newsboys will not be permitted to cry
! the names of newspapers Sundays here
| after in the city of Washington. So ruled
Judge Kimball today in the Police Court
! in announcing his decision sustaining the
! right of the District Commissioners to
! frame and carry into effect police regula-
| ton prohibiting the crying of papers on
| the day mentioned. The regulation has
| caused much comment and has met with
| vigorous opposition. Four newsboys were
| recently arrested for collation. of the or
! dinance and when the matter was heard
| Saturday in court 1t was contended that
| the Commissioners were without authority
to pass such order. The court reserved
| his decision until today
The matter. said Judge Kimball. was one
| that could not be governed by sentiment.
| 1t must be determined by law. A case
recently decided by the District Court OF
Appeals involved the identical questions
that We're raised in the newSboyS' case.
| Two railroad engineers were fined in the
| Police Court for failing to stop their trains
! az certain street crossings, as required
by the Commissioners. By habeas corpus
proceedings the case was carried to the
upper court, it being contended that the
| regulation was unusual and irregular and
| that the Commissioners were without power
10 pass H. ne court OF Appeals upnelu
! the Commissioners in the making and
| enforcing of the regulation.
The decision of the Court of Appeals"
| said Judge Kimball, settles this case"
| He then read the joint resolution of Con-
| gress approved February 26, 1892, IS fol-
| lows: THAT the Commissioners of the Dis
| trict of Columbia are hereby authorized
and empowered to make and enforce all
such reasonable and usual police regula-
| tions, in addition to those already made
| under the act of January 26 1897, as they
| may deem necessary for the protection
of lives, limbs, health and comfort and
quiet of all persons and the protection of
| all property within the District of CO.
| lumbia.'
Court of Appeals Decision.
Judge Kimban quoted from the Court of
| Appeals decision follows: The conten-
ton on behalf of the appellants that the
| resolution of February 26 1892, confers no
! new powers not authorized by the former
act. and must be limited by construction to
| such other and further regulations only
| as may be of the class enumerated therein
| is without foundation
| THE resolution is general and so COM
| prehensive in Its terms that had it been
! incorporated into the act of 1897, as the
| tion could hardly be limited by the scope
| OF the specific grants of power preceding
| 1t. But enacted after five years of ex-
| perience under the old law and in express
|
we think it clear that Congress intended
| thereby to Increase the powers OF the Com
| missioners to the full extent of those fire.
quently if not senerall,.. in,rusted to
| municipal corporatiols. Upon no other
theory can its passage nc reasonably ac-
cour ted for. And instead of entering into
! details. as in the former act. the grant of
| the power to make usual ami reasona BILE
ponce regulations was expressed in the
broadest terms"
! Continuing. Judge Kimball read from the
ceclslon: Whilst the courts have un-
doubted power to inquire into the reason
ahleness of munich regulations that
affect the free exercise of the ordinary
rights OF person anl properly, when sought
| TO be enforced. they will not declare them
| invalid, save in plain cases Of usurpation
or power or of abuse of discretion
| Inc use OF all property. more especially
that situated or used in the public streets,
Is subject to the exercise of the power of
reasonable police supervision and res,la-
tion, for the protection OF the public health
and safety. And what may, and what NAV
not. be a reasona bile requirement in one
case cannot be determined by 4 fixed rule
applicable alike TO all, hut must of 1eces-
SHY Depend upon special circumstances
ana the exigencies of the situation to
meet which the regulation may hav,, been
adopted. Every such regulation NAV he
ana often is inconvenient, burdensome
ana oppressive in a certain sense but IT
does not follow that. by reason of such
consequences alone, it must be declared
beyond the power and discretion of the
legislative authorities. Regulations an
parently far more burdensome than this
s na.e peen deciared by the Supreme Court
or the United States not to be unreasonahle
or IN violation of private rights
NOW. In a case where the question of thu
| INVASION or private rights is one more of
law tnan fact. or where the facts are sus-
ceptlble OF reasonably certain proof cour.s
may give slight weight to the judgments of
the municipal authorities, and presume lii
tie IN their support beyon good Intentions
in, ha
But IN case like the present where the
question Is one of practical fact, unsettled
oy experience, and resting in opinion. a
court should surely hesitate to set ,,r, ito
judgment in opposition to that Of the mn
nlclpai officers, who, by virtue of their
| training. observation and experience in the
pelioImance perl la or their duties. ought to be
Wen informed and capable of arriving at
satisfactory conclusions in such matters.
AS IL Is. however. we have no satisfac-
Tory PROOF that would justify us in overrul-
ing the action of the Commissioners in the
course OF duty imposed upon them and
intrusted to their special discretion. and in
the discharge of which they must be pre-
sumed to be actuated by the only motives
tnat should control the conduct of public
officers. HN"-e
The Commissioners had the authority to
make the regulation in question" said
Judge Kimball, in conclusion. ..The res,,,-
lation Is within the power of the Commits
sioners. Is legal and is one that ought to be
enforced
Future Proceedings.
Maj. ]. Mcdowell Darlington who an
peared for the defendant newsboys inti-
mated the possibility that the case might
be taken to the upper court by habeas
| corpus proceedings. He did not care to
act, however, until he could consult with
Cen William Birney. who was directly in
terested in the case, and who was not pres
ent in court today. 1t was agreed that the
matter be disposed of so far as the Police
Court is involved Friday next In the event
| that counsel for the defendants desire to
carry the case further. the court will prob