Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-12-22
1 BACK w ARD STEP
JUDGE KIMBALL's OPINION OF
COURTS, AT PoLIc4 STATIONS.
Says They Will Be an Inconvenience
and an Unnecessary Expense
Reasons Assigned.

D.
of the board of District Commissioners.
Judge Ivory q. Kimbalf Of the Police
Court. stated his objections to the proposed
establishment Of magistrate courts at the
police stations for the purpose Of trying
petty cases now tried by the Police Court.
Mr.. Macfarland suggested to Judge Kimball
that the latter embody his objections in a
written statement and submit the same to
suggestion Judge Kimball today presented
to Commissioner Macfarland written
statement containing his views on the sub
ject mentioned, cess
Judge Kimball is of the opinion that the
re-establishment Of magistrate courts in
the District would be backward step, and
great mistake. He believes that the
magistrate system would be not only in
convenient, but that 1t would also entail
considerable additional expense upon the
District. His views on the subject are
stated as follows:
I'm my judgment to re-establish the
system of magistrate courts at the police
stations to try petty cases now tried by
the Police Court, would be backward
step, and great mistake. For many years
that system was in operation in this Dis
trict until 1t became such burden on the
citizens that Congress by the act of June
II, 1870, abolished 1t and established the
Police Court, but without jury. That was
provided by the act of March 3, 1891, be-
cause decisions by the Supreme Court of
the District of Columbia and the Supreme
Court of the United States held that such a
court was unconstitutional, as each de-
PENDANT entitled to trial by jury was en-
titled to such a trial in the court in which
the information or indictment was filed,
and 1t was no answer to claim was done
TN that case. that he could have it removed
to court having jury and have his case
tried by jury.
Plea Regarding Police.
''In all the statements advocating the
magistrate courts the plea has been that
the police are detained at the court longer
than they would be had we the other sys-
tenn but the side of the citizen and OF the
defendant has been entirely overlooked.
Each defendant, even in these petty cases.
is entitled to be represented by the lawyer
or his own choice. There are ten station
houses, at each of which there would be
magistrate; n prisoner at each station
house might want the same lawyer on the
same day; either there must be postpone
ment and the prisoner kept locked up until
he could secure the attendance of his coun-
sci. or be debarred of his rights.
Not less than 10000 citizens are each
year compelled by process of the court duly
served upon them to attend as witnesses
Must they be compelled to travel to pre-
cincts scattered not only throughout the
city, but in the District outside of the city?
nave tHey no rights TO De CONSIDERED! VIII
such system not cause endless trouble
not only to the citizen and the lawyers but
to the police themselves? There will not
only be the trouble. but great delay in
waiting for witnesses.
What cases will be referred to these
magistrate courts? I presume only those
where the defendants are not entitled to
jury trials. The jurisdiction of the Police
Court is very broad and comes into the life
of the community more than any other
frxr v,,te, 10,
cases under police laws, but ALI questions
of building, plumbing, health, food licenses
and large number of other questions and
very many of these questions are not OF
tried by jury and would be referred to the
~" 70 3EEf Eas -
Difficult Legal Questiohs.-4ss,s-
Many of the cases Sw66yHid present most
difficult legal question: for decision. the
proper determination of. which would be
of the utmost Importance to the District
and tsmight happen+ even If the lmagis-
trates were all first-class lawyers. that
there might be an entire difference of con-
structfon of the same law, and one magis-
trate would hold one way and another the
opposite. There would be no uniformity
and endless confusion would result. Even
the judges of the Supreme Court have diff
ferences of opinion as to the law, and is it
harsh to presume that the magistrates
would differ?
IF the magistrate courts are given juris-
diction of cases in which jury trial might
be demanded they must, to be legal, be
provided with a constitutional jury. and
this would entail upon the District a large
expense There is very great advantage
to the police officers in having all trials at
one place. for by that means the officers
of each precinct have the opportunity to
see and get acquainted with rough charac-
tiers and criminals from the other precincts
and thus become more valuable as officers
and able to arrest criminals who flee from
one precinct to another. This alone coun-
terbalances all the reasons have noted adj
vanced by those in favor of magistrate
courts.
Of Small Consequence.
THE time officers are said to be detained
at the Police Court Is the time when very
few, If any, arrests are made-the middle
of the day-and the number so detained
in comparison with the whole number, Is so
small as to amount to very little. The adj
vantage of having the trials occur at one
place, in the center of population, conven-
lent of access, a place well known to the
whole community on account of it's long
use, besides the great expense and trouble
any change would make for the District
authorities and the cl.zens, outweigh, in
my judgment. any and all reasons that can