The times. [volume] (Washington [D.C.]) 1897-1901, 1900-07-31

/
they may pass: Provided, That the car
| riage Of the United States mails. the legit-
| innate functions Of the police. and the
progress and operations of fire engines and
fire de.aI tments shall not be interfered
with thereby
Sec. As. That every commanding off,
GER. when on duty, may ascertain and fix
necessary bounds and limits to his parade
or encampment. Whoever intrudes within
the limits of the parade or encampmeflt
after being forbidden, or whoever shall
/ interrupt, modest or obstruct any officer
or soldier while on duty, may be put and
kept under guard until the parade, en-
campment or duty be concluded; and the
commanding officer may turn over such
Person to any police officer, and said police
( officer is required to detain him in Gus
tody for examination or trial before the
police court, and the judge Thereof may
punish such offence by fine not exceed
ing twenty-five dollars
Sec. 81. That the system Of discipline
| and feld exercise ordered to be observed
by the Army of the United States, or
such other system as may hereafter be
| directed for the militia bylaws of the
United States. shall be observed by the
| National Guard
Object of the Organization.
ut is quite apparent that one of the
chief objects Of the organization of the
militia of the District was to provide an
efficient aid to its civil officers in the ex-
| ecution of the laws; and cur National
| Guard, which has attained such a notable
degree Of excellence under its accom-
| pilshed commanding general, was designed
to assist in the preservation of the peace
order, quiet, and comfort of this com
munity, which so justly holds it in high
esteem.
The question now raised is, whether in
| time of peace our National Guard is sub
| ject to the lawful exercise of the police
! power which is, by Congress, expressly
| granted to and vested in the Commission
! ers Of the District of Columbia. The claim
| OF the commanding general Of the militia
! involves an assertion of the negative; in
this / think he is mistaken.
After the passage of the act of Con-
! gress providing for the organization of
the District militia, Congress, by its joint
| resolution, approved February e. 1892
| or Stat. 1901, authorized and empowered
| the Commissioners of the District of Co.
| lumbia to make and enforce all such rea-
| sonable and usual police regulations, in
| addition TO those already made under act
| Of January &c, 1887, as they may deer,
| necessary for the protection Of the lives,
! limbs, health, comfort, and quiet of all
| persons and the protection of all property
within the District of Columbia.
And thereafter by act approved July
| %, 1892 (27 Stat, S25), Congress enacted
| that the laws and regulations within the
| District of Columbia for the protection
| of public or private property, and the
| preservation OF peace and order be, and the
| same are, hereby extended to all public
| buildings and public grounds belonging to
III tod xri-b he -
| Columbia
the Court Of Appeals of the District
of Columbia in Railroad Company VS.. Dis
| trict of Columbia 90 App. D. C., III,
citing the aforementioned joint resolu-
ton of February &c, 1892, said
We think it clear that Congress in
tended thereby to increase the powers of
those frequently, III not generally, entrust-
ed to municipal corporations
Again the same court in Moore VS..
District of Columbia (12 app. D. c., SAP
said:
But the municipal government rsu-
ally possesses the power, either by express
grant. as in the present case, or by virtue
of their general authority, to make by
laws and ordinances relating to the public
safety and good of the inhabitants. etc.
The Supreme Court OF the District OF
Columbia, In re Sullivan, (21 D. c., 1880,
said:
g But it is to matters which by their
own operation may affect life, limb, health,
comfort, or quiet that this authority is
strictly limited. 1t is with acts and con-
duct which, by whomsoever done, tend in
themselves TO impair one of these public
interests that the Commissioners are au-
thorized 10 DEAL
The Police Regulations.
Exercising the power and performing
the duty imposed upon them to make rea-
sonable and usual police regulations for the
protection of the lives, limbs, health COM
fort, and quiet of the people, the Com
missioners made certain police regulations.
Several sections of Article TX OF these
regulations are devoted to the subject of
the use OF fireworks and explosives.
Section of said article provides as fol-
lows No gun, airgun. rife, pistol, or
| other frearm, cannon, torpedo, frecrack
er, squib, or other fireworks shall be dis
charged or set of within the city of Wash
ington or the fire limits OF the District of
Columbia without special permit there
for from the Major and Superintendent of
Police. nor within one hundred yards OF
any school house. building or buildings,
play ground, enclosure for stock, or rail-
road track outside Of such fire limits fos
the District Of Columbia, without the writ
ten consent Of the owner or occupant there
of and a special permit from the Major
and Superintendent Of Police. Provided,
That this section shall not apply to licensed
shooting galleries, 10 the discharge of fire
arms or explosives in a performance con-
Quoted in or at a regular licensed theatre
or show, and tha4 the Major and Superin-
tendent of Police may, by general order,
suspend the operation OF this regulation
for d time limited therein
IF the claim Of the commanding general
is valid, then the National Guard is au-
thorized at any time on the occasion OF
drill. parade, or encampment, at will and
without notice. to discharge its rifles ana
canrons, with either blank or loaded cart
ridges, upon any Of the streets, avenues.
highways. or other public spaces of the
city Of Washington.
irrespective Of the police regulations
think the act Of Congress itself shows such
a propcsition TO be untenable by its ex-
press prohibition in section AZ, Of interfer-
ence with the legitimate functions of the
police, and by its further provisions of
ample opportunity for the National Guard
| to exercise in firing by making use OF such
appropriate places therefor as its armOry,
the drill grounds, and rife range Of the
Washington Barracks and the militia en-
campmenes contemplated and annually ap-
| propTiated for by Congress.
u am Of the opinion that the firing of
| blank cartridges by the National Guard or
June q, 1900, referred TO in your memoir
andum, was without warrant Of law and
was in violation Of the aforementioned
] police regulations