Evening star., 1900-05-12
AMENDMENTS TO THE CODE
THE DISTRICT AUDITOR SUGGESTS
CHANGES IN VARIOUS SECTIONS.
Compensation of Police Court Jurors
The Payment of Salaries-Col-
lectiu.,s of Fines.

Mr.. J. T. Petty. the auditor Of the
District today submitted to the Com
missioners certain amendments to the
proposed District ode. These amendments,
Mr.. Petty believes. should receive the ap-
proval of Congress, and he recommends
that the Commissioners transmit them to
the District committee of the House, with
the request that they be inserted in the
code.
The first amendment suggested by Mr..
Petty relates to section 45 of the code, and
provides that jurors in the Police Court
shall receive the same compensation as Is
provided in the Supreme Court of the Dis
trict.
Section So, relating to bailiffs in the
Police Court, should have it's caption re-
cast, Mr.. Petty suggests, so as to read
.'Bailiffs and other officers" and that the
following be added to this section:
THE said court may also appoint door,
Keeper at a salary of $40 per annum. an
engineer at a salary of 5000 per annum and
a janitor at salary Of $3.50 per annam.'
The following Is recommended by Mr..
Petty as a substitute for section Sc:
Section 56. Salaries. how paid. The
salaries Of the judges. clerk, deputy clerks,
bailiffs, deputy marshal, doorkeeper, en-
gineer and ianitor of the said court shall
be paid as other salaries of the District of
Columbia, from appropriations made by
Congress. as provided in the act of June
IL, 1878
Section S. relating to fines collected in
the Police Court, should be stricken out,
Mr.. Petty believes, and the following sub
stituted therefor:
Section 5s, fines to be paid to the clerk
of Police Court-An fines, penalties, costs
and foFfeitures imposed or taxed by the
Police Court shall be paid to the clerk of
said court, either with or without process
or on process ordered by the court. The
clerk of the Police Court shall, on the first
secular day OF each week. deposit with the
collector of taxes the total amount of all
fines. penalties, costs and forfeitures col
lected by him during the week next pre-
ceding the date of such deposit, to be COW
cred into the treasury to the credit of the
District of Columbia. subject to the re-
quirements of the provision of the act of
June II, 1896, to meet any deficiency in the
police fund or the firemens relief fund.
The said clerk shall render an itemiZed
statement of each deposit aforesaid upon
such forms and in such manner as shall be
prescribed by the auditor of the District OF
Columbia.
PrOpOses New Section.
A new section. 80, is recommended by Mr..
Petty reading as follows:
Section 50, accounts. how audited-It
shall be the duty Of the auditor of the
District of Columbia. and he is hereby re-
Guired. to audit the accounts of the clerk Of
the Police Court at the end Of every quar-
ter. and to make prompt report thereof in
writing To the Commissioners of the Dis
trict Of Columbia In order to enable the
auditor Of the District to perform the duty
hereby imposed upon him, he shall have
free access to all books, papers and records
Of the said court,
Mr.. Petty furthef recommends that all
fires collected in the Police Court shall be,
in contemplation of law, the property of the
District, and that the person receiving them
shall be deemed to be the agent Of the per-
son depositing or Of the District. as the
case may be-
Mr. Petty also submitted the following
amendment, proposed by Judge kimball
of the Police Court, to strike out section
IA, relating to information In that court,
and insert in lieu thereof the following:
THAT prosecutions in the Police Court
shall be on information by the proper pros
ecuting officer. In all prosecutions within
the Jurisdiction of said court in which,
according to the Constitution of the United
States. the accused would be entitled to a
jury trial the trial shall be by jury, unless
the accused shall in open court expressly
waive such trial by jury and request to be
tried by the judge in which case the trial
shall be by such judge and the Judgment
and sentence shall have the same force and
effect in all respects as If the same had
been entered and pronounced upon the YER
dict of jury. In all cases where the ac-
| cused would not by force of the Constitu-
| ton of the United States be entitled to a
| trial by jury the trial shall be by the court
without a jury. unless in such of said last
named cases wherein the fine or penalty
may be $50 or more, or imprisonment as
punishment for the offense may be thirty
| days or more. the accused shall demand a
| trial by jury, in which case the trial shall
| be by jury. In all cases where the said
court shall impose a fine 1t may, in de-
fault of the payment of the fine imposed.
| commit the defendant for such a term as
the court thinks right and proper not to
exceed one year