Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-09-02
IMPUTATION RESENTED
POLICE COURT OFFICIALS REPLY
TO HEALTH OFFICE.

Police Court officials have been engaged
for the past two days I'm a discussion of the
merits OF the controversy brought on by the
health department contention that the
action OF the Police Court Judges In many
cases nullifies the health laws OF the Dis
trict, for a violation OF which offenders are
brought into court to be punished In the
opinion OF the Police Court ofiiciaIs, who
hear both sides of the controversy their
action In taking personal bonds IL justified
In the instances where such q course 10
taken.
1t is urged by the Police Court officials. in
the first place, that their action In taking
the personal bonds of the defendants In
health law cases is at the recommendation
of the health inspectors. When the case
comes into court, IL is alleged. the inspector
states that all he desires is that the huis-
ance be remedied, and at his request the
defendant is allowed from three to FIVE days
In which TO remedy an alleged defect. His
personal bonds are taken, to enable him to
carry out the order. and IL IL is not DONE 1t
Is understood, the defendant is 10 be
brought into court again and fined
case In point came up this morning In
court put owing TO the controversy re-
ferred TO, personal bonds were not taken
The defendant was Paul cambridge Charged
with failing to connect premises with sewer
Inc defendant was a trustee of the Israel
Baptist Church. and as such appeared in
court. He stated that there were no funds
TO pay for the work, but the church people
were willing not TO use the premises until
the connection had been made
hat are you going to do?" was asked
by the inspector
Il suppose you will have to give them q
few days was the response
VIII you recommend thatT' asked his
honor.
mo, am not allowed to do that"
The defendant was fined SO. In default
or which he will be committed TO Jail.
Another Reason for Clemency.
Another reason advanced by the Police
Court officials for the adoption of a mod.
crate policy is that the primary reason for
bringing the cases to court is to have the
nuisance abated. If man should be sent
TO Jail. as is probable in this case and as
would be probable in most of the cases
where the defendants are fined II is de- i
clared the nuisance would continue But
by giving them certain short period OF
time In which to abate the nuisance the /
defect Is remedied and the health of the
District is preserved In most OF the cases, .
II is said. fine would mean the incar- !,
ceration of the defendants in jail. and !,
therefore they would be unable to abate !,
the nuisance alleged. In the case cited the !,
truth of this reasoning can be seen.
1t is urged also that many cases are
brought to the Police Court needlessly. The
viola tors of the health laws are notified to
abate a nuisance. They do not do so and a
second notice is served. Soon after, and
without the inspector going to see IL the
work is In progress, a warrant is issued. ;
Before that warrant is served and the case y
can be brought to trial the nuisance has
been abated. When the case comes TO
court the inspector swears to the existence
of a nuisance while the defendant brings
in several witnesses. including the work. :
men, to show that the matter has been
remedied. Either personal bonds are taken. I
obligating the defendant not to repeat the
offense, or the case is dismissed. 90
Disclaim Responsibility. :,
The Police Court authorities feel that the g
explanation that the personal bonds are
taken in almost all cases at the recommen-
da ton of the inspectors should relieve them
of the responsibility for the sentence And. 81
further, they argue that they hear poth :
sides of the case, and therefore are better q
able TO Judge what is best to be done, the
primary object of the health laws being TO
secure abatement of nuisances.
1.-THE Police Court Is to mete out justice
and enforce the laws, not to raise revenue
for the health department" the an y
swer which is given to the financial argu-
ment of the health department, when they
complain of the absence of fines In the
cases.
1t is also stated by the clerk OF the court
In which these cases come up that frequent
ly when the cases are called the health In
spectors are not on hand to prosecute their
cases Two instances of that kind came up
Yesterday It is alleged. Sometimes the in
spectors fail to get the notices OF the date
for the case, but more often they get them.