The Washington times., 1907-12-03
Bad in Principle and Law.

The taking of collateral in lieu Of
trials IN the Police Court and else
where is opposed by The Times on
principle. The practice is "a substi-
tute for the public hearing and for
NAL judgment which the law un-
questionably intends. 1t enables a
certain class of offenders TO escape
the contumely which their misdo-
ings have earned and which the
good of society requires they shall
bear. More costly still, it tempts
good citizens, men who might easily
be cleared on any fair hearing of
the charges against them, volun-
tarily to assume the shame of vio-
lating the law as "the easiest way
out" Finally, it is a class privilege
of the most pernicious type: if you
have the money you get free with
little trouble; if you have not you
are herded with chronic offenders
and made TO stand trial.
Comment to this came effect was
made in these columns several days
ago and has now produced a query
IF The Times knows the law in the
| matter?" The Times went long ago
to some pains to learn the law in
the matter. And a close study of
the law reveals that in addition TO
the general objections o. the pre-
vailing Police Court praN ice IT is
clearly contrary to the law which
the court is ordained 10 enforce.
The District Code, which repealed
all earlier statutes on this subject,
provides:
| That every person charged with an Of
! fense triable in the Police Court OF the
/ District Of Columbia may give security
I for his appearance for trial or for fur
/ tner hearing. either by giving bond 20
/ the satisfaction OF the court or by ue-
posting money as collateral security
with the appropriate officer at the said
| Police Court or the station keeper OF
/ the police precinct within which SUCH
| person may be apprehended-
There is nothing whatever in this
section of the Code which autho-
rizes the Assistant Corporation
Counsel to fix or determine what
amount Of money may be deposited
as collateral security with the ap-
propriate officer of the said Police
Court or the station keeper of the
police precinct within which such
person may be apprehended." The
court alone is empowered to act at
the Police Court building, The one
opening for the Assistant Corpora
ton Counsel lies in the possibility
I that the court has formally ordered
that it viii be entirely satisfied with
anything the Assistant Corporation
Counsel may do in such premises.
In which event the position of the
coGrt is open to very serious ques-
| tiOn.
But, even so, there is yet no law
for the practice of fixing and sc-
cepting collaterals in the Office of
the Assistant Corporation Counsel
for two reasons;
First, the District commissioners
have directed that oaicers-unques-
tionably their subordinate and
subject to their orders-''to take
into court for settlement every case
brought before him, except those in
which, upon an examination of the
evidence submitted on behalf of the
/ District and without hearing the
other side, he is satisfied that a
prima facie case has not been made
out and he is therefore justified in
entering a nolle prosequi.
The Assistant Corporation Counsel
on duty in the Police Court shall
not fix collateral or reduce coIIat-
eral security deposited at the police
stations, or elsewhere, or perform
any other function belonging 70 the
court"
Second, che law specifically limits
the whole transaction of accepting
collateral as a security" for the
accused's appearance for trial"
In the light of which the atten-
ton of the authorities is directed
to the following news item from
The Times of Tuesday, Novem-
Der 26:
| Mr.. Pugh today announced that the
collateral would be raised to $40 or S25
| according To the gravity Of the case. and
| IL this did not break up the practice OF
selling watered milk and cream. he
would increase It to $50 or 800 or a more
/ discouraging figure
Mayor Becker. Of Milwaukee. IS law
| ing plans to be governor OF Wisconsin.
From Boy Mayor TO Kid Governor.
/ Any enterprising candidate who Will
choose MIR. Weston for his running mate
may have a walkover.