Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-10-26
DECLINE DISCUSSION
No Response to Criticism OF
Commissioners Order.
VIEWS OF OFFICIALS
REVIVAL OF. AGITATION FOR
MAGISTRATES COURTS.
Matter Urged in Recent Report Of Su-
perintendent of Police-The
Reasons Assigned.

The District Commissioners today de-
clined to make any statement relative to
the recent criticism by the judges of the
Police Court of the Commissioners order,
promulgated last August referring to the
matter of the reduction of collateral and
the "nolle pressing of cases by the as
sistant corporation counsel in charge of
prosecutions before the Police Court.
The Commissioners, 1t is understood,
maintain the position that it is not proper
for the executive to criticse the judiciary,
and that, on the other hand, 1t Is not con-
sidered proper for the judiciary to criticise
the executive. The Commissioners believe
that the comment made by Judge Scott
was due to a misunderstanding by the
judge of the Commissioners order, and Of
the purpose it was intended to accomplish.
They feel that the incident will not
be repeated.
1t is pointed out that the two judges of
the Police Court are appointed by the Pres
ident and not by the Commissioners, and
that, therefore, they are responsible to the
President for their actions. The attorney
In charge of prosecutions before the Police
Court is an appointee of the Commission
ers, and is expected to carry out the orders
of the District authorities. The Commits
sloners state that they believe the prose-
cutting attorney is endeavorng to carry out
their orders, and that they anticipate no
further comment or trouble in connection
with the "nolle pressing of cases or with
other District matters before the Police
Court.
Consumption of Time.
In connection with the complaint that a
great amount of the time of the court is
consumed in hearing a certain class Of mi
nor cases before the court, it is pointed out
that the judges of the court are appointed
90 H. .;,.;--
OF the District and for the purpose of adj
m1nlstering justice to those officially
brought before them, even though the SEES
SONS OF the court may be prolonged until
CLOCK In the evening The Commits Sion-
ers in their annual estimates for 1906 have
recommended an increase of from So 900 to
$4,ouo IN the annual salary of each of the
two judges of the Police Court and 1t is
understood that they expect to urge before
Congress as one of the arguments in favor
OF the increase in salary the increase in
the amount of work the Judges are re-
quired to perform.
The recent MISUNDERSTANDING and trou-
bles In connection with the Police Court
nave given rise to a quite general discus
District of the proposition to establish
throughout the District a system of mag
1strates' courts for the trial Of minor Of
fenses against the laws of the municipal
ity.
Commissioner Vests View.
Commissioner West stated to reporter
for The Star this morning that he is some
what inclined at this time to favor the es-
tablishment of magistrates courts in
the District. This admission is con-
sidered one Of Importance, as 1t
is the first time in many years
that any Commissioner has ever expressed
even an inclination to favor this project.
Major Sylvester for number of years has
urgently recommended the adoption of the
81; rie-fr to CT ",
but the Commissioners have repeatedly de-
clined to present the proposition to Con-
gress. From information obtained today it
seems probable that the matter will be
taken up this fall by the Commissioners,
and perhaps a discussion of the subject
may lead TO it's being presented to Con-
gresS.
Several months ago Commissioner West,
Mai Sylvester and all of the captains of
the local police department held a confer
ence, at which the proposed magistrate sys-
tenn was thoroughly discussed Inc senu-
ment among the members and officers OF
the police department In favor or establish
ing the system here seemed so strong ana
unanimous that Mr.. West agreed that MAJ.
Sylvester should put into definite form the
plan for the system, after which Commits
sioner West will present 1t to the Board of
District Commissioners.
Mr. West said that when the matter was
first presented to him he was strongly OPP
posed to the magistrate system, believing
that it would mean the multiplying OF Of
ficers and an immense increase of expense;
but from the showing made by the police
department he states he is now inclined to
look upon the proposition more favorably.
Maj. Sylvester has not yet prepared the
definite plan for the system, but he eX-
poets to do so within a short time, and the
matter will then be discussed by the Com
miss; oners. Commissioner Macfarland it is
understood, is not in favor of the project.
AS previously stated, Maj. Sylvester has
repea teddy, in his annual reports. urged the
oct ab lcbr of the police MAGISTRATE
courts in the District In favor of the prop
ositon it IS argued that there would be
saving of several thousands of dollars each
year in the feeding of prisoners held for
trial; that 1t would permit the elimination
of the office Of one judge of the Police
Court, and that 1t would save an immense
amount of the time of the officers of the
metropolitan police department.
Statistics Furnished.
The tentative proposition for the estab-
lshments of this system in Washington IS
briefly described by Maj. Sylvester in his
annual report for 1903, as follows:
LAS time advances and conditions change
the necessity for Improvement In the Police
Court trial system is more apparent. Those
interested have only to investigate for
themselves to know the awkwardness which
attends the situation so far as the police
are concerned. Last year members of the
force were detained at the Police Court
awaiting hearing of cases until after II
O. clock am in 1,716 instances. Not infre
quently Is there arrest made during the
after hours of the night and the member
of the force making it is not only required
to remain on the street until after o'clock
In the morning TO finish his tour of duty,
but he must repair to the Police Court
without rest, perhaps without breakfast,
and there remain until his case is tried.
The merchant or professional man may be
taken from his business a witness A
prisoner may be acquitted but not until he
has been transported in a van or patrol
wagon from the police station to the court.
To remedy this situation it is proposed that
magistrates shall determine cases at the
several station houses every morning and
evening.
During the past fiscal year O90aD there
were 1872 cases tried in the Police Court
for alleged offenses against the District of
Columbia-in other words, slight misde-
meanors. and $500 cases where it was
charged that the laws of the United States
relating to the District of Columbia had
been violated. 1t is estimated that one