Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-03-28


exercise is subject only to constitutional
limitations forbidding unreasonable in
Engagements upon the rights OF individuals
to life. liberty and the pursuit of hap
piness;' that such rights are those which
are fundamental in their nature and belong
to the citizens of all free governments, but
which are nevertheless subject to such re-
straints as the government may justly pre-
scribe for the general good Of the whole.
Tt further appears from these decisions
that in the exercise of the police power
1t is competent for the state to determine
upon what conditions the nonresident
criminal will be permitted to enter its ter
ritory or whether it will permit him to
enter il at all. ---...
1T would be strange indeed if the consti-
tutional guarantees required the state to
treat past miSbehavior as a guarantee of
future good conduct. which would be the
effect of requiring it to extend the same
consideration to the laW-breaking as to the
law-abiding citizen from abroad. Its right
to regard the advent of the former with
suspicion and to protect itself accordingly
is not an open question.
Precedents.
''In the license cases q How. 26S) the Su-
preme Court of the United States said:
1t is conceded that the state may ex-
clude pestilence, either to the body or
mind, shut out the plague or cholera, and
no less obscene paintings, lottery tickets
and convicts Citing ii Peters, J6S; Whea-
ton, BOB, and II Peters, 1889.
And in the case of Moore VS.. Illinois "a
How, 49,, the court affirmed in terms the
right of the states to repel from their soil
a population likely to become burdensome
and injurious either as paupers or crimi-
nails The court further observed in the
course OF the opinion delivered in this case:
In the exercise of this power, which has
been denominated the police power, a state
has the right to make 1t penal offense
10 introduce paupers. criminals or fugitive
slaves within their borders, and to pun
ish those who thwart this policy by har-
boring, concealing or secreting such per-
sons
THE Supreme Court has held that the
United States has complete jurisdiction,
both OF a political and municipal nature,
over the District of Columbia dwight agt.
Davidson, ISL U. S, 3so); hence. in so far
as the District is concerned, Congress is
the repository of the police power.
THE matter being within the control of
Congress, the provisions of the bill not
being obnoxious to the Constitution and
the necessity for the enactment of such
law being urgent il should be passed with
out delay. In October next large crowds
will come to the city to attend the Grand
Army encampment and the hands of the
police should be strengthened for that oc-
casion, as well for all others
The Bill and the Law.
The bill makes it unlawful for vicious or
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
crime. Any person violating this provision
of the bill will be subject to a fine not ex-
ceeding 81, 600 or Imprisonment not exceed
ing five years. or both.
The bill also makes it unlawful for any
person to enter the District of Columbia
without having first applied for and OBJ
tanned a permit SO to do from the District
CommissionerS-who has been convicted
elsewhere of crime, and who shall have
served a sentence therefor in any Jail or
penitentiary, and whose conviction shall
have occurred or whose sentence or such
conviction shall have expired within five
years next preceding the date of such ap-
plication.
Further authority is given the Police
Court to issue warrants and policemen to
make arrests in accordance with the other
provisions of the bill.
The existing law follows:
THAT all Migrants, all idle and disorder
ly persons, persons of evil life or evil fame,
persons who have no visible means of sup
port, persons repeatedly drunk in or about
any of the streets, alleys, avenues, roads.
highways or other public places within the
District of Columbia, all persons repeatedly
lettering in or around tipping houses all
suspicious persons, all public prostitutes
and all persons who lead lewd or lasciv-
ious course of life, shall, upon conviction
thereof, be fined not to exceed $40, or shall
be required to enter into security for their
good behavior for a period of six months
Said security shall be in the nature of n
recognizance to the District of Columbia. to
be approved by the court in a penalty not
exceeding $500, conditioned that the offender
shall not, for the space OF six months re-
peat the offense with which he or she is
charged, and shall in other respects con-
duct themselves properly"