The Washington times., 1905-06-11
COURT HAMPERS
POLICE DISCIPLINE
Recent Decisions DiScOur-
age the Superintendent.
SOME INSTANCES ARE CITED
Appeals Taken to Higher Tribunal in
the Hope of Sustaining Action
by Commissioners.
SOME INSTANCES ARE CITED

Court decisions recently have played
havoc with the intentions Of Major
Richard Sylvester and the police trial
board in the prosecution Of members
of the Metropolitan police force.
Major Sylvester is saiS to have be-
come much discouraged at the repeated
overruling of his recommendations in
cases of policemen charged with vio-
lation of the regulations. The District
Commissioners also have ccne in for q
share Of the courts disapproval.
A number OF men are being kept In
the service in spite Of Major Sylves-
ter's efforts to remove them. and he
does not think this has a good effect.
A half dozen instances n which opin-
ions Of the various authorities have
been at variance may be noted.
Officer Percy E. Lewis was convicted
BY the trial board and recommended for
punishment with the approval of the
Major for discharging a revolver IN
the street while off duty.
When Off Duty.
Corporation Counsel Duvan submitted
an opinion to the effect that the regu-
lations do not bind a policeman when
off duty. The Commissioners have not
yet approved this opinion However,
Lewis was tried in Police Court. the
intention being to try him again before
the trial board after conviction In
loff
ever, declared Lewis not guilty and the
regulation regarding firearms null and
void. This case will now be appealed
by the District TO the Court Of Appeals.
The trial board. supported by Major
Sylvester, convicted Policeman Joseph
F. Hile for allowing William Burse.
charged with murder, to escape from
the Homeopathic Hospital. The Com
missioners ordered Hile's removal from
the force and refused to hear an ap-
peal brought by Lambert & Baker.
The courts issued a writ of mandamus
compelling the Commissioners to grant
the hearing, which was accordingly
held AS a result 1t Is stated by one
of the Commissioners that Hiie's sen
tence wou.. probably be reduced from
removal to a fine.
flnQ1nG OF the 6OdlO.
The trial board originally recommend
ed a fine. and Attorney Lambert yes
terday argued that the Commissioners
had no right to increase a penalty inn
posed by the trial board He also
argued that permitting a prisoner TO
escape was not set forth in the manual
as cause for removal The District
Commissioners overruled both points
charging Hile with neglect of duty
even though he recaptured Burge him
self
motion filed by the District Com
missioners In the case against Police
man Joseph G. Walsh. charged in con-
nection with the crap cases at
Georgetown. was overruled yesterday by
Justice Barnard, OF the District SUI
prene Court. The attorneys for Walsh
Lambert & Baker, had petitioned tc
have the Supreme Court review the ac-
ton of the police trial board in convict
Ing Walsh. The District Commission
ers' motion to dismiss the petition was
overy ruled.
Appealfo Higher Court.
a writ of certiorari was issued and the
Commissioners will now have to GER
Supreme Court The contention of the
District that the trial board had juris-
dicticn in the case because Walsh
though off duty. was alleged to have
participated in a crap game in the
Seventh precinct stationhouse was
not upheld. 1t is said that in ov4rrul-
ing the motion the court has practically
decided in favor of the policeman the
question of law upon which the case
hinges.
The appeal of the attorneys for Po-
Hceman Miller, fined s15 for arrestine
Herschel Reese, small boy, without
cause, has been referred to CORPORATION
counsel DuvaI. The trial board ac-
Quilted Miller, but a minority report by
a Leftwich Sinclair recommending a
nne of S25 was presented and the Com
mlssioners compromised on SIS Lam
bert & Baker contend that the Corn.
fnlssioners have no right to penalize
man who has been acquitted by a ma
1ority of the trial board