Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-01-30
LAW REGARD NC SUSPECTS
DRAFT OF BILL TO MEET CONDI-
TIONs IN DISTRICT.
Act to Prevent Vicious and Evilly
Disposed Persons From COngre.
eating in Washington.

| As q result OF the efforts of the CHIEF OF
police, Major Sylvester, to prevent Grim
inals and like characters from entering the
| District, the attorney for the District, Mr..
A. B. Duvall. today submitted to the Com
missioners the draft of bill prepared by
his assistant, Mr.. James L. Pugh, jr., the
proposed law being entitled can act to pre-
vent vicious and evilly disposed persons
from resorting to the District of Columbia
for the purpose Of committing crime" Mr..
| Duvall states that the bill is Endorsed by
Major Sylvester as meeting the require
ments of existing conditions for which 1t is
| designed, namely, the proper control of
| thieves, burglars and swindlers who resort
to the District, especially upon such occa-
| sions as the Inauguration of the President.
The proposed law, in the opinion of MIR.
| Duval is in good form, but he suggests
that .',ajor Sylvester appears to have mis-
| understood his communication of December
~ 300, in which Mr.. Duvall quoted from
| the decision of the Court of Appeals in the
| case OF Stoutenburgh against Frazier, 16.
! App. ID. {. In this case the appellate court
discussed the provision respecting "sus-
! approved July s, 1898, providing a substi-
tute for section of the act of July % 1892,
commonly known as the peace and order
act.
The Courts Opinion.
| This case. in Mr.. Duvalrs opinion, did no,
|
| pears to think. for the court, explains Mr.
| Durall concluded its opinion as follows:
| From what we have said in the preced-
| ing part of this opinion the necessary con-
| clusion is that the particular provision of
| the amendatory act of July S, 1898, decar-
| ing that ali suspicious persons could be ar
rested and prosecuted criminals, and
| upon conviction be fined and imprisoned Is
nugatory and without effect, and there
| fore the Police Court was without jurisdc-
| ton to try, convict and sentence to i'm
| prlsonment the appellee OF course this de-
| clsIUn has reference only to the particular
| provision of the act of Congress upon which
| the prosecution against the accused was
| based and to none other.
| 1T Will thus be seem" says Mr.. Duvall,
| that Migrants, idle and disorder;y persons
! persons of evil life or fame, persons who
| have no visible means of support, persons
| repeatedly drunk in or about any of the
| streets, avenues, alleys, roads, highways or
| other public places within the District, per-
| sons repeatedly lettering in and around tip
| ping houses, public prostitutes, persons who
! lead leWd or lasciviOuS course of life. re-
main liable to prosecution under the Peace
and Order Act and upon conviction may
be fined not to exceed $40. may be re-
| quired to enter into security for their good
| behavior for a period of six months
Provisfons of the Bill.
The proposed law, as drafted by Mr..
Pugh. declares it to be unlawful for vicious
and evilly disposed persons from elsewhere
to resort to the District of Columbia for the
purpose Of committing or aiding or assist
ing in any manner In the commission of
the crimes of larceny, larceny from the per-
son, burglary practicing any trick, game
OF device with intent to swindle, or other
crime or crimes whatsoever; and any such
person violating the provisions of this sec
ton shall, upon conviction thereof, be pun
ished by a fine not exceeding 81 600 or by
m
by both such fine and imprisonment, in the
discretion of the court.
The second section provides that it shall
not be lawful for any person to enter the
d district of Columbia without having first
applied for, under prescribed conditions,
and obtained a permit so to do, who has
been convicted elsewhere Of the crimes of
larceny, larceny from the person, burglary,
practicing any trick, game or device with
intent to swindle, or of any crime or crimes
of like character and who shall have
served a sentence therefor in any Jail OF
pententary, and whose conviction shall
have occurred, or whose sentence on such
conviction shall have expired within five
years next preceding the date of such APP
piCation; that whenever any such last
mentioned person desires to visit the said
District for any lawful purpose he shall
make application to the Commissioners of
said District, in writing by mail. for such
permit, and in such application shall give
specifically under his oath Information
touching his place of present residence, his
name and any alias by which he may EaIe
been known, and other prescribed data.
Before granting such permit, and as I; con-
dition precedent thereto, the Comm asion-
ers may require that such applicant shall
execute and file with them bond to the
United States, with surety or sure;ies TO
be approved by said Commissioners con-
ditioned in q penal sum to be fixed and
determined by said Commissioners, and not
to exceed in any instance 5000, for the
good behavior of such applicant while in
the said District under such permit. The
penalty for a violation of the act IS fixed
al fine not exceeding $1,000 or imprison-
ment in the Jail of said District, not ex-
ceeding one year, or by both such fine and
imprisonment in the discretion OF the
court.
Issue of Warrant.
Section authorizes the Police Court of
the District to issue a warrant addressed
generally to any police officer of the Dis
trict for the arrest of any person for
violation of any Of the provisions Of this
act whenever 1t shall appear to the court,
upon an oral examination before it, under
oath or by affidavit Of a police officer of
said District or other person, that there is
probable cause for believing that such per-
son has committed such offense; and In
any case In which there is danger that q
person to be charged with such offense may
escape If his arrest be delayed until war
rant can be obtained, it shall and may be
lawful for such police officer to apprehend
such person without warrant and take him
Immediately before the Police Court, and
If that court shall then find upon such oral
examination under oath or upon such af-
fidavit, that such probable cause exists,
warrant shall thereupon ISSUE and such
person shall thereafter be held in custody
under the same, as fully to all intents and
purposes as II 1t had been issued prior to
the arrest, and if the court shall not find
upon such examination or affidavit, that such
probable cause exists, then and in that
event such person shall be discharged from
custody.
AMUSEMENTS