The times. [volume] (Washington [D.C.]) 1897-1901, 1900-10-16

Justice Bradley yesterday ordered Frank
be released from the workhouse, to when
institution they were committed as vag-
rants, by one of the judges Of the Police
Court. The prisoners were arrested on the
night of October 5, by Detectives Weldon
and Horn. without warrant. and were
tried in the Police Court on the follow
ing morning on a charge of vagrancy. They
were found guilty and sentenced to con-
fnement in the workhouse for period of
$50 days. Two days later. through their
attorney, ]. H. Colyar. they filed petition
for writ of habeas corpus, with a view
of securing their release. The matter
came up for hearing before Justice Brad
ley, or Friday last, but it was not ill
yesterday that he announced his decision
in the case. In disposing of the matter
Justice Bradley said:
THE act of Congress OF June II. 1870.
provided that prosecutions in the Poll .e
Court shall be made by information unGe.
OATH also that the judge shall have
power to issue process fer the ARE st of
persons against whom information may
be filed or complaint made under GA h.;
also that any justice of the peace may,
on complaint under oath or actual view,
issue warrants, returnable to the Police
Court, against persons accused Of crimes
and offences committed in The Dist let
Plainly. the statute reGu:r s. con-
tinued the court, except in case Of &C
tual view by justices of the peace that
there shall be a complaint under oath AMI
an information filed before the power to
issue the warrant of arrest oan be issued
Such information is required to b, under
oath by the section of the statute GU ted
Undoubtedly by this legislation Csngrt J
was conforming the procedure to Article
~ of the amendments of the Cons ;itu-
ton. The amendment reads: The right
of people to be secure in their persons
houses. papers, and effects asai.s unrea
sonable searches and seizures shall not
be violated. and no warrants shall issue
but upon probable cause. supported by
oath or affirmation, and particularly de-
scribing the place to be searched and the
person or things to be seized
1T is further urged" Justice Bradley
went on to say. that although no warrant
of arrest could be issued upon such I'M
sworn information without violating the
constitutional rights of the petitioners;
yet they being in custody, might be law
fully prosecuted upon it, and the pro-
ceeding cannot be questioned under this
writ. The answer to that proposition is
two-fold. First. the Police Court is a
court of special and limited jurisdiction.
The statute directs the method in which
that jurisdiction is to be exercised, and
such method is necessarily exclusive. The
meaning of the word prosecutions in the
requirement that prosecutions shall be
| by information under oath is the formal
accusation of crime In this country the
modes of formal accusation of crime are
by Indictment, by information and by
complaint. Where crime must be prose-
cuted by indictment and the prosecution
is by information the court exceeds its
| jurisdiction. and the conviction and sem
| tence thereon are void.
1T has been repeatedly held that such
| a provision of the Constitution as Article
| " of the amendments requires tat the in
| formation must be either under oath or
| supported by an affidavit in some form,
stating the facts of the charge"
When Justice Bradley had announced
| his opinion. Clarence A. Brandenberg. AS
sistant Attorney for the District Com
missioners. gave notice that he would ap-
| peal from the judgment of the court TO the
Court of Appeals for the District.