The times. [volume] (Washington [D.C.]) 1897-1901, 1900-03-08

The Court Of Appeals yesterday handed
down an opinion sustaining the ruling OF
Justice Bradley, declaring that there is no
such offence known to the law as "sus-
picious character" and that it is unlawful
that persons should be arrested on in
formations charging such an offence Jus
tice Bradley rendered his opinion in this
4 matter in connection with the habeas cor
! pus proceedings instituted for the release
Of one George Frazier, colored. who was
arrested as suspicious person and SEN
/ fenced 70 confinement in the District Jail
! Tor term OF four months After hearing
! argument on the question by District At
torney a. B. Duvall and Clarence a. Bran
! denberg, Assistant District Attorney. rep
| resenting the District. and Messrs. Jones.
Chase, and Frisby. representing the petit
| toner, Justice Bradley ordered Frazier re-
leased from confinement
In discussing the matter the Court OF
Appeals held that general suspicion, with
out even reference to a propensity or In
/ tent TO commit some particular crime or
offence against the law regulations Of the
/ Government must be conceded to be wholly
| imperative and without effect as a defnI-
ton Of crime.
The court holds that mere suspicion is
no evidence Of crime Of any particular
kind. and it forms no element in the con-
stitution Of crime. Suspicion may exist
without even the knowledge Of the party
who is the object of the suspicion as to
the matter Of which he is suspected. The
suspicion may be generated In the mind of
one or more persons without even colora-
BILE foundation of truth for the suspicion:
and yet the party the object of the sus-
picion may, under the statute upon which
the prosecution against the appellee was
founded, be seized and imprisoned tried.
and convicted, merely because some per-
son or police officer may have concluded.
whether upon reasonable ground or not
that he was suspicious person.
OF what suspected and what degree of
suspicion exists must always be the
thought that occurs upon such a charge az
that made in this case But here the party
Is charged, in an abstract way of being a
suspicious person, merely there being no
act or conduct OF his mentioned in the
statute TO which suspicion could relate
How Is he to meet such charge Sus-
plcion. as conception of the mind is well
defined as the Imagination of the existence
OF something upon little or no evidence:
doubt mistrust. and so the adjective term
suspicious descriptive of the quality or
condition Of a person. as well the party
fined. as apt TO imagine with little or no
reason; distrustful. liable. or open 10 sus-
picicn; exciting suspicion: giving reason !
or ground to suspect or imagine in.
The judgment and sentence OF the 4
Police Court are assaulted in this case upon |
the ground that the act Of Congress I'M I
der which the prisoner was convicted and ]
sentenced is in respect 10 the particular /
offence charged. unconstitutional or is 50 4
rffaff
be void and without effect II this posi- |
ton is well taken, il affects the fcundatio /
of the whole proceeding. For as said BY 1
the Supreme Court. An unconstitutional |
law is void and is as no law. An offence !
created by il is not crime, a convietion |
under ID is not merely erroneous. butts il
legal and void and cannot be legal cause
Of Imprisonment
The court cites a number Of cases hold
ing that the law is unconstitutional. Con
tnuing, the court says:
We are, OF course. sensible Of the fact |
that it is only in cases where Legislative
power has been clearly transcribed in de-
claring that to be law which is not within
legislative competency. that courts are
justified in declaring any particular p-o-
vision Of an act Of Congress void and with
out effect; aud especially where che act re-
lates TO matters within the District of
Columbia over which Congress has fun and
exclusive legislative power. But there are
certain fundamental rights Of person and
property, even in this District that are
beyond the power of Congress to disre-
gard or violate
The rights secured TO persous and prop
arty by the fourth and eighth amendments
o the Constitution are among such rights
The power Of Congress to legislate for this
District in matters OF police. are certainly
very large, and necessarily so, but there
are certain fundamental gaXims Of a free
government that would seem TO require !
nat the rights Of personal liberty and pri- /
rate property should be held sacred At
east, no court OF justice in this country I
would be warranted in assuming that pow
sr TO violate and disregard them linked
lnder any general grant of legislative au- ,
hority. or ought to be implied from any
general expressions that may be found in ?
my Of the articles Of the Constitution"
Unless an appeal is taken by the District a
authorities 70 the Supreme Court Of the
United States The effect OF this opinion
will be to restrain the local police from ar
estlng persons on the mere susp'ci3n that
hey are not law-ahiding. Hundreds Of
ersons, perhaps thousands Of persons.
ave been arrested in the District and "
harged with being suspicious characters
lany OF these have been strangers in the
ity without friends. no means of proving
o the Police Court judges who they were
hat brought them to the city, what we're 4,
heir intentions in coming how long they
ltended 10 stay, where they came from or =
hither they were bound. Most of those
rrested on the charge of being suspicious
ersons belong TO the class known as
ramps. 4
Charles &. PIunkett Missing. n
A - Hoe R~1 ] :