Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-01-24
BILL AS SUBSTITUTE
POLICE FORCE OBJECTS TO PEND
ING LEGISLATION.
Reasons Given for Protest Against the
Changes Contemplated in
Two Measures.

Among a ma ior.ty of the members of the
local police force there exists feeling of
disappointment dissatisfaction and disa2-
proyal of some of the provisions contained
in the bill introduced in Congress this ses-
sion. which is intended Ito amend section
one of an act entitled An act relating to
the metropolitan police of the District of
Columbia" approved February %. 1901"
The police have inaugurated an active cam
paign against the measure on account of
their objections. and in addition to having
a substitute bill introduced before the House
and having visited many senators and rep
resentatlves on the subject, have drafted
petition which makes known their wants
and furnishes copy OF their substitute bill.
Ihe petitioners quote a letter from Mai.
Sylvester to Commissioner West, and also
a report made by Maj. Sylvester regarding
the needs of the police department.
In his report Maj Sylvester says, in part:
Congress- in its judgment. has increased
the classes IN such manner as to materially
prolong the period of probation, and the
d1sprOportion between the classes is so great
now that a private must serve between nine
and ten years before he can be promoted
Ihis condition has occasloned t;iscun-
tent the privates of class ] believing that
recognition of faithful service should not
be deferred so long. This feeling has pre-
vailed for several years and has caused
pr1vates to become disfleartened ami resign
l1hpci itiiCt SHOWS IIlat amer a member
or the police force of this jurisdiction has
served theoretically and continuous for
eight or ten years liabilities begin to de-
velop and he finds he is lily qualified for
other than police work. He usually has a
family, whose expenses increase from year
TO year, and he should have more to pro-
vide Tor 1T. If he does not Teceve.it he be-
comes discouraged and docs not give the
attention to his official duties which is
necessary to attain a high standard of eff
cheney, and which is usually given by we'll
paid and contented employees
Views Endorsed
These views and recommendations of the
major and superintendent of the force" the
petitioners state, I'VE heartily approve and
lndofse, and respectfully commend t. tie
attention of Congress In connection with
any legislation on the subject which may
be proposed, and especially in connection
with the accompanying bill and the bills
s. IO' and H. r. HI
Your petitioners demonstrate against the
passage of Senate bill No. 20 and House
bill No. III, above mentioned.
Il Because, in paragraph thereof they
confer on the Commissioners of the Dis
trict absolute powers inconsistent with our
republican form of government by giving
them authority TO make such rules ana
regulations as they, in their exclusive jurls-
diction and judgment, may from time to
time make, alter amend, without any
saving of the constitutional rights of citi
Zens, and leave the door for favoritiSm
wide open in the matter of promotions,
making them depend upon the bare Will of
the Commissioners without reference to
merit or experience.
SO. Because in paragraph 4 thereof. the
Commissioners are invested with practical
~ unlimited power to fine, suspend with Or
without pay, and dismiss any officer or
member of said police force for any offense
against the laws of the United States or
the laws and ordinances or regulations
of the District of Columbia, whether
before or after conviction thereof etc;
this power being absolute except as to re-
movals; and in case of removals. being in
adequately guarded. because charges
against officers and members of the forces
not required to be under oath This
provision makes the tenure of office
the force precariOus to the last degree, and
opens the door for injustice at the Fands
power upon executive officers and seems,
therefore. to be unconstitutional.
Objection to Paragraph Five.
-. Because IN paragraph ) thereof TIE
Commissioners are granted absolute ex-
elusive ana final Jurisdiction 10 review,
approve, reverse, amend, alter, or change
any sentence or finding of any trial board,
without limitation upon the power to
amend alter, or change such sentence or
finding. If the Commissioners were infal-
lible, such authority might be safely in
trusted to them. But are they infallible?
If not. why Should they possess absolute
power? How Gag Congress delegate to them
absolute power, when Congress itself has
no such power? The attempt to lodge b.
solute power in the hands of any man or
set OF men in this District would result in
litigation dtssatisf4 ction and il-feeling, and
it is not supposed that Congress would
assent to any such attempt il its attention
were directed to 1t.
ION this point your attention is respect
fully directed to the opinions of the courts
in the case of Curry against the District
of Columbia, Il d. C, App. 420, 43S-4t5;
Cuilan against Wilson, III u. S, 1877;
United States against Moore, 3 Cranch,
1G0, note: Thompson against Utah. II L. s..
:i4j, :55iG: aud Loan Association against To-
peka, 10 Wall, TOO. The doctrine of these
cases is that all the general limitations i'm
posed by the Constitution upon the
thority of Congress are as applicable in the
District of Columbia as in any other part
Of the United States. and that there is
no place for unlimited power anywhere IN
our government Where, then. is the power
to endow absolute, exclusive and final jur
isdictiOn to amend, alter, change
the sentence or finding OF another tribunal
involving the Individual rights of any per-
son whatever?
The Bill Preferred.
I'm conclusion. it is respectfully submit
ted that the bill of which copy is here
with Enclosed, is entirely reasonable, just
and constitutional; and that its passage
would result in improving the efficiency of
the metropolitan police force of this Dis
trict; while the bills s. 30 and H. r. III
are defective and unconstitutional, and
would If passed, place the police force of
the District in a position wholly intolerable,
and thereby jeopardize the interests of the
national capital
Girl tsauad Two Trains From Wreck