Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-03-28
TO KEEP OUT CROOKS
Proposed Law Strengthening
the Power of the Police.
SWEEPING RESTRICTION
HOW THE COURT DECISIONS AP-
PLY TO THE CASE.
Misunderstanding as to the Scope Of
Justice Bradley's Ruling on
the Old Law


| intendent of police by Mr.. Hugh r. Tag
| CART, assistant United States attorney for
the District, as a means of curing the de-
| fects in the existing laws which were ex-
! posed by decisions of the courts. Past ex-
| perience has proved that without the aid
| of a law permitting the arrest Of we'll
| known criminals or criminally inclined per
| sons on the broad ground of their probable
| intent to commit crime the District is regu-
| larly overrun on occasions of large assem-
! bIage with all classes of evil-doers. Pick
| pockets confidence men, burglars and such
| people flock here in the hope of plying their
| trades under cover of the large crowds
! Under the suspicious characters act these
| persons have often been arrested and de-
| tanned until after the occasion for their as
semblage here has passed or they have been
| punished. A year or so ago a case arose
| under this act which was appealed from
! the Police Court to the District Supreme
| Court. Justice Bradley heard the argu-
| ments on a petition for a writ of habeas
| corpus and decided that in that particular
| case there was no warrant for OBTAINING
| the accused person. He had been arrested
| on suspicion of having stolen certain
| clothing, but there was no proof of theft
Inc court held that the law could not be
| construed to cover such a case and ordered
the release of the prisoner The District
| appealed to the Court of Appeals, which af-
hrmed the judgment Of Justice Bradley.
Constitutionality Not Questioned.
That ruling, it appears. in no wise af-
| fected the constitutonality of the "sus-
| plcious characters" law, having merely re-
lated to q specific attempt to apply that
! law. Notwithstanding that fact an i'm
preston obtained in some circles, appar-
entity including the police authorities thai
the decisions thus rendered nullifed the
law and prevented effective work in keeping
the District clear of criminal characters
Accordingly, an effort was made to secure
| additional legislation, and the bill now
! pending was framed and introduced at the
| last session of Congress, and, falling pas
sage then. has been reintroduced this year
| Since the bill now pending was drawn a
| question has arisen as to whether it would
| stand the court test. 1t has been sug-
gested that constitutional objections would
| lie against Its granting the power to the
! police to arrest on suspicion of crime in
| tended A Star reporter put this question
| to MIR, Taggart, who, after searching care
| fully through the precedents has declared
his belief in the constituuonality of the
proposed law: Mr.: Taggart's reply to The
Stars inquiries along this line is as fol-
| lows:
Mr. Taggart's Views.
The bill embodies features which would
make it something OF a novelty in the way
Of legislation. Nevertheless. 1t seems to be
| clearly within the constitutional power of
Congress to enact such a law, and its pas
| sage is demanded by imperative necessity
The action of the different American legis-
| latlve bodies in dealing with the criminal
| classes has been mainly confined to the en-
| actment of laws having for their object the
supervision and control of wrongdoers Of
that ilk, who formed part of the population
within their respective jurisdictions. and
not the exclusion of those from abroad
This bill, in great degree, is pointedly
! addressed to the accomplishment of the
! latter object. and would establish. practi-
| V. ST al frnrt
| elsewhere.
1.-The city of Washington is invaded quad
rennially by horde of nonresident crooks
whose controlling motive in the visitation,
| if not sole purpose, is that of preying upon
the multitude of reputable persons from
/ all parts of the United States who are at
tracted to the national capital on inaugu-
ration days. and the evil is only less pro
| nounced upon occasions, public and quasi
public, of lesser note.
The Police Hampered.
THE local police are unable. in the pres
| ent state of our law, to deal efficiently
with such crooks. Among the more no.
torious of the rascais are some who are
personally known to the officers, by whom
they are recognized as they alight from
the trains; many not known to the officers
are recognized by detectives from other
| localities who come here to render the au-
| thorities such aid and assistance as may
| be in their power in protecting the public;
and there are many instances, of course,
in which the police with an accuracy of
| judgment only to be acquired by long deal
ing with the criminal classes can size
up the stranger as an evil doer upon OPP
portunity, although not able for the time
| being to identify him.
| But in no case, however strong the proof
Of past transgression, Or however great the
| presumption of intent to commit crime, is
| 1t lawful for the officer to make an arrest
under present legal conditions. Whatever
| his past criminal record may be, the evil
| individual, in his treatment, is not to be
distinguished practically from the mass of
| other visitors; he stands in the same stua-
| ton of exemption from apprehension and
detention as one who had never committed
a crime and the police and the public must
take the chance of his detection in the
| commission of some overt act which con-
stitutes crime before he may be deprived
| Of the liberty secured to him by the Con-
stitution and which is appreciated by him
principally for the unlawful uses to which
| he may put it.
Present Laws Punish a Status.
1.-THE laws in force in the District provid-
| ing that Migrants, disorderly persons. per-
| sons of evil life and fame and suspicious
| persons may be apprehended and punished
| or required to give security for their good
behavior are inadequate for many reasons
| to meet the eXigency, and beside are open
| to the objection, that they provide pun
| ishment for status or condition instead of
| a crime or wrong against society or the in
1
| 1.-THE embarrassment of the police under
existing laws is forcibly illustrated by the
| opinion of the Court Of Appeals of the Dis
| trict in the case of Stoutenberg VS.. Frazier.
| In reviewing a prosecution in the Police
| Court under the act of Congress July =.
| 1885, the court says in that case:
| 1.-The arrest and conviction Of the ap-
pelIee appear to have been upon mere sus-
| picion, and he is only charged with being
| suspicious person, without any relation to
| crime committed in the past crime In
| tended to be committed in the future
1.-The law was too vague and indefinite;
| the charge involved no crime at all and thu
| prisoner was therefore discharged; in the
| language of the court above quoted, there
| is, however, a pregnant intimation that an
| act might be framed in such a way as to be
| valid and to meet the evil which the exist
| ing one was intended to remedy; that it
! was not a question Of legislative power
| simply, but of the manner in which a con-
ceded power might be properly exercised.
Police Power Of the State.
/ From the decisions of the American
courts it may be deduced that what is
known as the police power of the state
| has its origin in the duty of American
4 IN md t1,a