Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-04-07
FREE WHILE OFF DUTY
CORPORATION COUNSEL DUvALL's
OPINION IN LEWIS CASE.
Neither District Commissioners Nor
Police Trial Board Has Jurisdiction
Over Policemen Not on Duty.

Neither the District Commissioners nor
the notice trial board has Jurisdiction in the
case of an offense committed by member
of the police force while the latter Is OF
duty. This is, in brief the opinion OF Cor
poration Counsel Duvall in the case OF Of1-
Ger p T Lewis convicted on charges OF
conduct unbecoming an officer in being in
toxicated and firing his pistol, while OIL
duty and In citizens clothes. Major Syl-
vester thought the offense sufficiently grave
TO warrant Lewis removal from the force,
and In a recommendation to this effect he
was supported by the Commissioners. Lewis
appealed, denying the jurisdiction of the
trial board and the Commissioners when
member OF the police force is off duty, and
In this contention he was upheld by the cor
poration counsel. Major Sylvester, how
ever, took exceptions, and the case was re-
turned to the corporation counsel for re-
consideration. with the result that Mr.. Du-
vail emphatically reiterateS his position
and declares that Lewis case is not amen
able to trial by the board nor to consldera-
ton by the Commissioners until he shall
have been convicted of the alleged offense
in the Police Court.
The trouble was caused by Major Syl-
westerns claim that private of the metro
politan police department was never ON
duty" because of the fact that his hours
of work as well as his hours of recreation
are prescribed Dy the ponce IeSuldtlOISs
Major Sylvester claimed that as police
man is expected to perform duty at any
time. If necessary for the preservation of
peace and order, or for the protection OF
life or property, he is also at all times
under the jurisdiction of the Commission
ers and the police trial board. In reply to
this the corporation counsel says:
Counsel Duvall's Opinion.
"It is clear to me that this regulation
recognizes that at certain times the officer
is not on duty; nevertheless he must hold
himself ready to act Immediately on notice
that his services are required That is to
say, he is at all times subject to the call of
duty, and when his services are required
he exercises his functions a police Off
Ger in making arrests for the preservation
of peace and order and the protection of
life and property
Mr. DuVall also denies the contention of
Major Sylvester that the New York law
covering this point is not applicable in
Washington. Mr.. Duvall quoted this law in
his former opinion and again states that 1t
Is applicable and supports his view. Among
other things this law states that no rules
and regulations shall affect policemen ex-
cept when on duty and acting officially.
Mr.. Duvall also calls attention to page
''off duty" and to page twenty-five, where
distinction is made between ION duty" and
''off duty and to page twenty-five where
1t is provided that the superintendent. cap
tains and lieutenants shall be deemed as
always on duty .as distinguished from the
private. Mr.. Duvall concludes by stating
that he sees no reason for changing his
former view.
The Lewis Case.
The case of Policeman Lewis dates from
January 20 last, when after doing duty
until midnight at the southeast gate of the
White House during one of the Presidents
receptions, he returned to the station house,
donned- citizens clothes and started home.
1t was declared afterward that he had be-
come very much chilled while on continuous
duty at one spot and that he stopped on
the way home long enough to take one
drink of whisky, and at the hour of 30
am, while at the corner of 18th street and
New York avenue, that he drew his pistol
and fired several shots into the ground.
On the charges of intoxication and of
discharging his revolver, and with denying
this latter act when questioned by Sergeant
Hartley, Lewis was placed on trial before
the police trial board on January 30. He
was found guilty with the recommendation
that he be fined $50 and warned that a
repetition of the offense would result in his
removal from the force.
Under date of February IL Major Syl-
vester Endorsed the papers as follows: Il
do not like to disagree with the board ap-
pointed by the honorable Commissioners to
hear these cases, but it occurs to me that
the seriousness of the offense would war
rant removal from the force"
Commissioner West ordered the matter
referred to the corporation counsel, and
while the matter was still pending Lewis
counsel, Attorney Wilton j. Lambert, filed
a review of the case, in the course of which
he declared ii to be his belief that ii was
not part of the major and superintendent
duties to do more in connection with trials
of this character than act as a conduit for
the transmission of the papers and find
ings of the trial board: that Lewis at the
time of the alleged offense not on
duty and was nothing more than private
citizen, and consequently was amenable
only to the statutes governing the conduct
of private citizens. Mr.. Lambert also sub
mitted that while it be within the power
OF the Commissioners to modify the ver-
diet imposed. 1t is not within their juris-
diction TO increase the penalty, and that,
as q matter of law, the trial board had no
Jurisdiction to try citizen"
Corporation Counsel Duvall upheld this
contention, and after stating several par
allel cases. gave it as his opinion that the
finding of the trial board should be set
aside.