Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-11-10
DISAGREE WITH JUDGE
coMMIssIoNERs SEE NO REASON
FOR MODIFYING ORDER.

Relative to the recent request of Judge
Kimball Of the Police Court that the Com
missioners amend the existing regulations
80 as to allow the assistant corporation
counsel. detailed at the Police Court. to
nolle PROSE- such cases in which the Dis
trict's evidence does not warrant a prima
facfe case and thus relieve the court of
the trial OF many petty cases. Commissioner
mcfarland said today that the Commits
sioners see no reason for abrogating or
modifying their order against which no one
has hitherto protested, and which, he be-
lieves has worked in the interest of the
District
Commissioner Mcfarland made a motion
to the effect stated to the other Commits
sioners. He pointed out that the Commits
siOnerS are disposed to assume that Judge
Kimball has incorrectly informed them as
to the facts In the two cases which he cited
as Illustrations of his argument, since 1t is
plain that neither Of the cases under the
letter and spirit of the order should have
been taken into court.
Prosecution Of Cases.
The Commissioners order of August, 1904,
which Judge Kimban suggested should be
amended, provides that the assistant corpo-
ration counsel charged with the prosecu-
ton of cases in the Police Court, be in
Sti uClcO " TAKE iillO COuTt lOT us Seltle-
ment every case brought before him except
those in which, upon examination of the
evidence submitted on behalf of the District
and without hearing the other side, he is
satisfied that prima facie case has not
been made out, and that he Is justified in
entering nolle prOsequi. The provision
further requires that in every case where
nolle proSequi Is entered report shall be
made to the Commissioners. and that the
assistant corporation counsel on duty at the
Police Court shall not fix collateral or re-
duce collateral security deposited at police
stations or elsewhere, or perform any other
function belonging to the court.
The provisions of the order. Judge KIM
ball contends, has not only gre--tly increas-
ed the work of the judges but incumbers
the records of the court with cases that
ought not to be there, and in addition the
order as carried out is a hardship and a
humiliation to the citizen who Is required
to attend the court until his case is reached
and has to stand up and plead in the pres,
ence of other citizens in cases where. as
the evidence finally discloses, the District
has no case, and the slightest investigation
would have so shown. These conditions
would be remedied, he declares; if the Com
missioners would give the assistant corpO-
ration counsel on duty at the Police Court
the usual powers exercised by all other
prosecuting officers.
Commissioner Netherlands Motion.
In his motion today Commissioner Macfar-
land said: 1.-THE Commissioners are 10th
to believe that the assistant corporation
counsel at the Police Court would so con-
strue the order as to defeat its purpose or
purposely take into court cases In which 1t
was clearly his duty to ask for a nolle
prosequ Obviously this order. like all Or
ders, must be executed not only with f1deI-
ity but with discretion and In its spirit as
well as according to its letter. The funda-
mental question at issue Is whether cases
presenting prima facie cases in favor of the
District of Columbia shall be tried private
ly by the assistant corporation counsel in
his Office or by the judge Of the court ap-
pointed by law for the purpose of trying
cases in public and under the regular pro-
cedure of the courts Of justice.
THE, Commissioners were satisfied by
their inquiry In August, 1904. that private
trials in the office of the assistant corpora
ton counsel should not be permitted. but
that all prima facie cases should be present.
ed to the Police Court for its decision. The
object of the Commissioners was not only
that all cases should be treated impartially,
but that there should be no ground for sus-
picion Of favoritism on the part of the as
sistant corporation counsel They see no
reason why the Improvement then made
in this matter should now be abandoned or
jeopardized.