The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-01-30

Andrew B. Duvan. the Attorney for the
District. has submitted to the Commis-
sfo1ers an opinion upon the draft of a bill
prepared by James l. Pugh, Assistant AZ
torney. entitled An act to prevent vic
ious and eviIIy disposed persons from re
sorting to the District of Columbia for he
purpose Of committing crime" Mr.. DuvaI
states that the bill is endorsed by the
Major and Superintendent OF Police as
meeting the requirements of existing con-
ditions fer which It is designed-namely,
the proper control OF thieves, burglars.
ana sWindlers. who resort to the Distriot
Of Columbia. especially upon sues great
| occasions as the Inauguration of the
President etc.
The Attorney informs the Commission
ers that the bill is in good form. and he
takes the opportunity to suggest. Judging
from his endorsement thereon. that the
Major and Superintendent seems TO have
misunderstood his communication Of De
cember 90. 1900. in which the Attorney
quoted from the opinion of the Court CT
Appeals in the case of Stoutenburgh IS.
| Frazier d6 App D O. where the court
discussed he provision respecting '-suspI-
| Cfous persons in the act of Congress OF
July S, 1898. which provides substitute
fer section S Of the act for the preserya-
tion of the public peace and protection OF
property within the District. approve ed
July 20, 1892 commonly called The Peace
and Order Act
Mr. Duvau states that the case did not
go 10 the extent that the Major and SU-
perintendent seems 70 thirk. for in con-
Guiding its opinion. the court said:
From what we have sd i IN the pre-
ced:ng part OF this opinion. the necessary
conclusion Is that the particular provision
Of the amenda-ory act Of July 5. 1855, de
claring that al suspicious persons could
be arrested and prosecuted as criminals,
and upon conviction be fined and impris
Cnsd, IS EuSGtory and without effect, and
therefore the Police Court was without
jurisdiction 70 try. convict. and sentence
10 imprisonment the appellee o. course
this decision has reference only 10 the
particular provision o. the act or Congress
upca which the prosecution against the
accused was based and 10 none other.
1t viii thus be seem continues the
Attorney. that vaErants idle and disor-
deTly persons, persons ot evil lie or fame
persons who have no visible means OF sup
port, persons repeatedly drunk in or about
any OF the streets. a~euuCs. alleys. reads
highways, or other public places within
the District, persons repeatedly lettering
in and around tipping houses. public pros
titu1es, persons who lead a Iead or las
ciylous course OF life. remain liable 30
prosecution under the Peace and Order
Act, and upon conviction may oe fired not
&c exceed $50. or may re required 10 enter
! INTO security for their good behavior fer
a period OF six mcnJhs-'
The 0iu drafted by AT. Pugh IS as fol
lows
That u shall he unIa g-ful fo- vicious
and evjily disposed persons from else
| where 10 resort 10 The District OF CoIuul-
! 5ia Ter the purpose o. c0zunli IJiag CT aid
/ ing or assisting IN any manner 10 the CON-
/ mission OF the crimes OF larceny. larceny
/ from the person. burglary, pr-sct5ejue any
| trick. game, or device with intent 10
! sRindie. or other crime or crimes Wha-so-
ever: and any sucu person violating the
provisions OF this section shall. upon con
| NI-JIon thereof be punished by d ilns Of not
| exceeding S1.Ogg or by Imprisonment rot
| exceeding five years. or by both such fae
and Imprisonment, n the discretion OF the
| court
section . That II shall not De lawful
! for any person 70 enter the District Of
! Columbia without having first applied for
! and obtained permit SO TO do as here
/ after provided. who has been convicted
| elsewhere OF the crimes OF larceny. lar
! ceny from the person burglary. practIcing
| any trick game or device with intent TO
! sviudie. Cr Of any crime or EEines Of like
! character. and who shan nave served a
| sentence therefor II any jail or peniten-
tiary- and ahCse conviction shall have Oc-
CURED or whose sentence on such conyic-
| tiOn shall have expired within ave years
| next preceding the date Of such applica-
| ttion- That whenever any such last-men-
| toned person desires 10 visit the said
| District for any lawful purpose, ne shall
| make application 10 the Commissioners Of
/ said District, II writing By mail, for such
| permit and n such application
| shall state specifically under his oath
! the place OF his present residence by
! street and number, or otherwise, in such
| manner that such place may he readily
| located, and shall also state his true
/ name, and any and ali other names or
| names under which he has been at any
! time known the name under which and
/ the court IN which he was tried, con
| victed. and sentenced. and the penal in
| stitution IN which such sentence was
| served. and that he desires to visit said
District for such lawful purpose. and if it
shall appear TO the satisfaction OF said
Commissioners from proof furnished
them and from such investigation as
may be made By them IN the premises,
that il IS the intention bona fide OF such
person TO yisit said District for such
lawful purpose only. and not 1or the
| purpose C committing crime therein The
said Commissioners shall grant such ap-
plication and Issus such permit. and not
| otherwise; and the said Commissioners
| are hereby authorized and empowered IN
| the case Of any such application, and
| before granting such permit anu as
! condition precedent thereto. 10 require
that such applicant shall execute and file
I with them bond 10 the United States
Z 80
/ said CCmissicneTs conditioned in a penal
3 sum 10 be fixed and determined by said
{ CCmissi0ners. and not to exceed ia any
! Instance 5000 for the good behavior OF