The Washington times., 1905-06-07
COURT TAKES AWAY
SYLyESTER'S POWER
Police Chief May Not Regu-
late Firearms.
CASE OF POLICEMAN LEWIS
1t Is Argued Before Judge Kimball and
Municipal Authorities Lose-Will
File an Appeal.
CASE OF POLICEMAN LEWIS

On the ground that the District Com
missioners have no right to delegate to
Major Sylvester the power given them
by Congress to issue permits for the
exploding of flrecrackers and revoIvers
in the District of Columbia. Judge KIM
ball. in the Police Court yesterday aft
ernoon. sustained the contention of coun-
sci for Private Percival Lewis OF the
First precinct, and quashed the infor-
nation against him.
This action renders null and void all
police regulations wherein Major Syl-
yester's name appears the one to
be appealed to for a permit. Realizing
{ the gravity Of the situation, and what
is likely to follow, Assistant Corporation
Counsel James L. Pugh. prosecutor in
the Police Court, will take the case to
the Court OF Appeals of the District, to
have that tribunal pass upon the valid
ity of the city ordinances.
Case of .Private Lewis.
Lewis, on the might before inaugural
ton, while on H street it is said drew
his revolver and fired 1t in the air sew
eral times. He was taken to the First
precinct station, relieved of his weapon
and placed in a witness room. Later
he was taken before the trial board on
charges of conduct unbecoming an of
hcer- AttorneyssLambert & Baker who
represented him.. contended that he was
not on duty at the time referred to,
and Corporation Counsel Duvau sustain
ed them.
This practically nuIliied the decision
of the trial board. which was to the
effect that Lewis was guilty and should
be dismissed from theaforce-
Unable to convict before the Trial
Board. Major Sylvester caused Lewis to
be arrested as a private citizen. The
weeks ago. Messrs. Lambert & Baker
asked that the information be quasbed
on the ground that Major Sylvester had
n" power to govern the use or handling
ot firearms in the district. Judge Kim
hall fixed yesterday as the time to hear
argument In the case
Messrs Lambert & Baker repre-
Smith, Assistant Corporation Counsel
was especially detailed to assist Mr.
Fugh in representing the District
Argument Of Counsel.
Mr.. Baker argued that Congress had
framed the 1awsa governing the District,
and empowered the Commissioners to
Investigate instances where revoiyers
were discharged, andtto issue or refuse
to issue permits for the exploding of
fireworks and firearms. Nowhere in the
law does the Major and, Superintendent
Oh Police appear. The Commissioners
took 1t upon themselves to delegate this
power to Major Sylvester virtually a
clerk in the employ OF the Commission
ers- The right Of the Commissioners to
do this was questioned.
Messrs. Smith and ,Pugh insisted that
the Commissioners had the right to
refer certain cases to Major Sylvester
and heads of departments. The Gov
ernment's representative declared that
in the case at bar the Commissioners
had not delegated amy power but had
merely referred all cases of exploding
firecrackers and firearms to Major
Sylvester. Mr.. Pugh said the Commis-
sioners selected Major Sylvester to act
for them and they were,responsible for
what he did.
the Commissioners said Mr. Pugh.
My acts are theirs, because they in
struct me what to do. Major Sylvester s
case is the same. He IS a clerk in the
employ of the men who run this munich
pality, and he does what the Commits
stoners say he shall do. Congress-. al
though the law does read that way,
never intended that the Commissioners
should individually investigate and look
after such trivial matters They a.e
entitled to clerks and can assign what
ever duty they prefer to these clerks.
Major SyIHester's duty is to preserve
peace and order and protect, life, limb,
and property, and L submit that regu-
lating the discharging of revoivers on
the public streets is wEhn his prcHince
because it is for the preservation or
peace
Judge Kimball said there was no Ques-
tion il his mind that 1t was a violation
of the law to discharge firearms in the
street without permit. but the police
regulation governing the offense showed
that the Commissioners had clothed
Major Sylvester with power given them
by Congress. This, the court ruled
could not be indersed. and he sustained
the point made by the defense.
The information was Quashed and
Lewis was discharged.