The evening times. [volume] (Washington, D.C.) 1895-1902, 1900-12-21
PROJECT NOT FEASIBLE
Attorney Duvail on Major Syives-
ter's MOoted Legislation.
Authorizing the Police
20 Arrest on Suspicion Persons
Known to Belong to the Criminal
Classes Would Be UncOnstitutionaI.
other Affairs of LEGAL Interest.

Andrew B. Duvali. the Attorney for the
District. has submitted to the Commits
sioners his opinion upon the reeommen-
dation of Richard Sylvester. Major and
Superintendent of Police, 10 procure such
legislation as will warrant the police in
taking into custody well-known criminal
characters found in The District during
inauguration ceremonies and other cele-
brations. Mr. Duvau holds that the leg
islation suggested by the Superintendent
of Police would be in violation of the
Constitution of the United States and
could not be sustained by the courts
It may be said in this connection that
the suggestion Of Major Sylvester grew
out of the decision of Justice Bradley
In the Supreme Court of the District, to
the effect that criminal characters of the
class mentioned cannot be arrested and
legally detained under the laws of the
District without warrants regularly is
sued for such arrest and detention. The
court held in the case before 1t That the
law of July s, 1888, providing that 'sus-
piesous characters may be arrested as
criminals, and upon conviction may be
fined and imprisoned, is unconstitutional
and void.
Mr. Duvan informs the Commissioners
Thai his opinion IN the matter comedies
with that Of the court. and he advises
them that new law enacted upon the
same lines would be likewise uncoastitu-
tionaI and void In defence Of his opin-
ZOE Mr.. Duvall quotes certain passages
from the opinion Of the Court of Appeals
Delivered by Justice Alvey, in which among
ether things. ne says;
Mere suspicion is no evidence of crime
Of aPv particular kind and it forms no ell
ement in the constitution of crime. Sus-
picion may exist without even the knoTl-
edge Of the party who IS the object Of sus-
picion. as TO the matter Of which he is
suspected The suspicion may be geReT-
ated IN the mind of one or more persons
without even colorado foundation of truth
for the suspicion, and yet the party, the
object OF suspicion, may, under the stat
ute upon which the prosecution
MS founded be seized and i'm
" leealsse some persons or police Off
Ger may have concluded that he was
suspicious person
Quoting further from the opinion OF Jus
lice Alvey, Mr. DuvaH gives prominence TO
the following, "a suspicious character
does not constitute crime. nor does il JUS
tify the Government in treating the party
G6NinE SlSA DC 2 S1ihs1tai.
without connecting him with some GRIMM
al act or conduct"
Following out this line of argument
Mr. Duvau quotes from Blackstone to
show that crime is complete and cog
niaable by human laws when there is both
& viii and an act, ITO constitute a crime
against human laws there must be first q
vicious viii, and, secondly, an unlawful
act consequent upon such vicious Will
Mr. Duvall thsn refers to the recent de-
cision Of Justice Bradley quoting the fol-
loving principle: In subiecting man
to fine or Imprisonment for what others
think of him or because of his reputation
the statute depTives him of property or
liberty without due process of law
The Attorney then cites the case of
liquor dealer IN Rhode Island IN which
ne was subjected to prosecution for vio-
lation Of the. liquor statute. In thia case
the court IN discussing some features Of