Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-01-22
MANY BILLS ACTED ON
MEASURES TAKEN UP BY SEN
ATE DISTRICT COMMITTEE.
Attorney Generals Substitute to Re
NIT and Pardon Police Court Cases
Favorably Reported.

The Senate committee on the District OF
Columbia took action today on a large
number of bills of local interest.
The Commissioners bill to authorize the
Commissioners to remit fines and grant
pardons imposed by the Police Court for
the violation of any act of Congress relat-
ing to municipal matters was discussed. 1t
had been sent to the Attorney General for
his report and that report was read to the
committee.
II thoroughly agree with the Commits
sioners." says the Attorney General. that
the enactment of such law is advisable,
for the reason stated by them.
az find upon examination that the bill in
its present form Is even more limited in its
scope than the present law; that is, the act
of April %. 1892. This limitation is two
fold: First. the pardoning power is limited
to Offenses which are in violation Of acts
of Congress relating to municipal matters
whereas there are still In effect in the Dis
trict many of the laws and ordinances Of
the late corporations of Washington and
Georgetown. beside many regulations
adopted by the Commissioners for the vio-
iation Of which a penalty or forfeiture is
provided.
Second, the exercise Of the pardoning
power is limited as to the time of its ex-
ercise-that is. 1t Is limited to cases in
which judgment has been rendered and SEN
tence imposed. whereas the unlimited par
donfng power reaches all offenses before
as well as after conviction. Experience
teaches that in some cases the exercise of
the pardonfng power before conviction Is
proper, If not necessary
In my opinion the Commissioners should
also be authorized to remit forfeitures of
recognizances taken in the course of crimi-
nal proceedings for offenses which are
within their pardoning power. Under the
decisions OF the court and the opinions of
the Attorney General the right to remit
the forfeiture OF a recognizance is not in
q ~In fv,cr f-. ~
reason that such forfeiture of recognizance
though occurring during the course of a
criminal prosecution, Is a civil debt and
the pardoning power does not include the
forgiving or extinguishing of civil debts
The Attorney General submits the draft
of bill as a substitute for the bill of the
commissioners. The first section of the
bill as drawn by the Attorney General is
merely a substitute for the bill in it's
present shape The second section contains
authority for the remission of recognize
ances. which authority is not contained in a
grant of a pardoning power proper but
must be granted separately.
The bill also contains provisions for other
authority referred to in the Attorney Cen
erals letter A favorable report on the SUBJ
stitute of the Attorney General for the
Commissioners bill was ordered by the COM
mittee.
The committee also ordered favorable re-
ports on the following:
Senate bill 1885, to transfer Jurisdiction
and control over reservation 49, being the
triangular space directly north of the pro-
posed municipal building site on Pennsyl-
vania avenue between 1917 and 14th streets
from the chief of engineers of the army to
the Commissioners in order to provide a
suitable approach to the new District build
ing.
House bill 1854 authorizing The resub-
division of lots or blocks in the District
where any proposed street of the permanent
system of highways affects subdivision
recorded in the office of the surveyor.
House bill 1923, to regulate the height of
buildings, providing that no combuStible
or non-fireproof building intended to be
used as residence, apartment house or
hotel, hospital or dormitory in the District
shall be erected to a height of more than
five stories. or raised to a height exceeding
sixty feet above the sidewalk.
Senate bill 5000, to provide for the re-
moval of snow and ice from the sidewalks.
The committee ordered favorable re-
port on the Commissioners bill to regulate
the issuance of licenses for Turkish Rus
sian or medicated baths in the District Of
Columbia.
The following bills were referred to SUBJ
mittee meeting.
House bill $3.50, to provide for the abate-
ment of nuisances. this bill being similar
to Senate bill. Referred to Senator Stew
art.
Senate bill 3O43 for the relief of the es-
tate of John Jacoby. Referred to Senator
Foraker.
Senate bill 1862. to pay 5000 to the heirs
of Melvin B. Smith. formerly of Gloucester,
Mass, on account of his death by drown
ing in sewer of this city while employed
In its construction under the direction of
the Commissioners. The Commissioners
made favorable report on this BILL reduc
ing the amount of damages to $500. 1t
was referred to Senator Simmons for re-
port.
Senate bill o71O. for the opening of con-
Meeting highways on the east and west
sides of the Geological Park Referred to
Senator Stewart.
of the revenues of the District to pay the
amount withheld from pensioners of the
police fund on account of deficiencies in
that fund from June Is, 1894. to May 81.
1896
Senate bill 34JG. to distinctively designate
parcels of land in the District for purposes
of assessment and taxation. Referred to
Senator Mallory.