Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-11-08

point of objection to the present system
is that members Of the force are detained
at the Police Court waiting for the trial OF
their cases, and that in the last fiscal year
there were 1,7l6 cases where they were de-
tanned until after eleven o'clock. To my
mind this is a remarkable showing and
proves with what dispatch the business OF
the court Is conducted and Is strong
reason why no change should be made.
Each of the two courts sat 313 days during
the year and this would make less than
three for each court a day. There are
641 officers and men on the force. This
would make less than three times each one
was held at the court till after IL a. m.
during the whole year, and for this 1t
is proposed to take a step backward to an
obsolete system which was discarded more
than thirty years ago.
but the proposed plan will not avoid
the presence of the police at the Police
Court till after IL am. large percent
age of the LIS thus detained last year
were here in attendance on jury trials, and
must be deducted from the Lie. 1t is pro-
posed to continue those trials and in each
the police officers must be at the Police
Court. and therefore, to that extent the
ground for any change does not exist.
1.-THE prisoners have the rights in this
matter and their rights are paramount
above any Inconvenience that the officers
may experience. Among those rights is the
right to have the counsel of their choice
and to have their witnesses. By the pro-
posed system either they will be debarred
these rights or there Will be great delay
while they are waiting until their lawyer
can be present, thus entailing great ex-
pense on the District. Under the present
system lawyer having several cases COM
ing from various precincts can try them all
without delay. and the innocent secure their
release and the guilty be sentenced. This
could not be done by the proposed system.
Queries Propounded.
THE citizens are greatly interested
Must the friends and witnesses travel
from magistrate court to magistrate
court to find the case in which they are
interested?
"Will the crowds which such a system
will necessarily bring to the station
houses where the courts are held be con-
ducive to good order or to the proper con-
duct of the station, or Is 1t proposed to
impose upon the District the expense of
renting separate quarters for each magis-
trate court?
TT is proposed that the magistrates
shall draw up the informations which
they try. To do this they must of neces-
sity hear the evidence for the prosecu-
ton. Would such course be fair to the
defendant, who is entitled to an impartial
Judge? Who will collect the fines i'm
posed by these magistrates? Either there
must be collector of fines for each or
the magistrate be empowered to collect
his own fines. and 1t would be strange
proceeding to have the magistrate, the
q.
But there is another side to this ques-
ton. How Is 1t proposed to try United
States cases and preliminary hearings?
do not believe the Attorney General or
the United States attorney for the Dis
trict of Columbia would consent, were
1t constitutional to do so. to allow the
United States cases now heard in the
Police Court to be prepared and tried by
a magistrate without the presence of an
assistant attorney, which would require
the appointment of four additional as
sistant district attorneys at an expense
of not less than $4,000 Where could any
of the present station houses provide
proper accommodations for the magis-
trates and these assistant district attor-
neys?
Regarded as Unconstitutional.
but last of all. the proposed magistrate
courts would be unconstitutional
IF the jurisdiction of the magistrates to
file and try cases was limited to those in
which jury trials could not be demanded
there would be no question as to their legal
ity; but it is not proposed thus to limit
them. The magistrate is to file informatiOns
In all cases, and, il jury trials are demand
ID, send them to the Police Court for trial.