Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-07-01
CONTROVERSY IN PROGRESS
Justices of the Peace Object to De-
Gliding Police Cases.
Resembling OF ASSIGNMENT
Hearings Set for Today Postponed
and Conditions Made Known to
Higher Tribunal.

With the failure OF a justice of the
to hold court in the District branch in
the absence of Judge Mullowny, who de-
parted yesterday for his annual vacation
of six weeks the circumstances Of a con-
troversy between the judges of the court
and justices of the peace, in progress for
the past two weeks or more. came to
light.
Justices Of the peace are bitterly as
sailing the custom that requires them to
act as Police Court judges in the tempor-
airy absence Of the judges. They de-
nounce it as an imposition working un-
necessary hardship on them and compel
ling them to neglect their other duties.
Comes to a Head.
The matter came to head about two
weeks ago, when Judge Muilowny left the
city on temporary leave Of five days.
Charles s. Bundy. justice OF the peace.
was designated by Justice Stafford OF the
Supreme Court Of the District to act as
Judge during the absence of Judge Null
lowny. In addition. it is stated, he was
DESIGNATED to serve during the absence OF
Judge Mullowny at any time during the
summer months. On the return OF Judge
Mullowny it is stated that the justices
of the peace protested against being com
pelled to perform such service and ap-
pealed to Justice Wright. in the absence
of Justice Stafford, who. in the meantime
had left for his vacation, to have the
order rescinded.
The justices Of the peace represented &c
Justice Wright that both branches of the
Police Court can be handled by one
Judge, in the absence of the other, and
the work of the two courts be merged
into one. ="
the justices of the peace. the order des
igaating Justice Bundy to serve IN INT
District branch OF the Police Cour. was
rescinded. and the matter lay dorman'
for several days. In making arrange
ments for his absence of six weeks Judge
Mullowny learned of the resembling of the
order and proceeded to ascertain on what
grounds and under what legal provision
the resembling was done.
Mullowny and Kimball Confer.
Judge Mullowny called Judge Kimbal
"
into conference, and 1t was decided te
place the matter before a justice of the
District Supreme Court, to whom the
power of designating a justice of the
peace to serve as a Police Court judge
is delegated when necessity demands. A
communication was directed to Justice
Wright, giving the judges side OF the
controversy and quoting the law on the
subject.
hn T,,dU
stated that It would be entirely imprac-
ticable to merge the two courts into one
for a period longer than two or three
days on account Of the enormous amoun'
of business disposed of. especially the
early part of each week, and the absoiule
eliminat alton of all trials by jury until tnt
two courts could work separately, on ac'
count OF the lack of time.
They carefully outlined the inconven-
fences, especially during the first two oi
three days of the week. when the Police
Court is crowded. to which business mer
who appear as witnesses or complainant;
would be subjected in waiting hour after
hour for different cases to be called. In
reference to policemen the Judges stated
that under the One-cOurt idea men who
make arrests at night would he compelled
10 appear in court. remain all day III
many instances. and then have only q
very brief period for sleep before return
ing to duty again.
Would Work Hardship.
1t was pointed out that the plan of
holding but one court would work hard
ship not only on the citizens who have
cases in the court and the policemen.
but prisoners well. In the cases
where jury trials are demanded, the
judges asserted, there would be no time
at the disposal Of the court to hold such
trials because of the necessarily long
daily sessions. and as consequence
prisoners charged with a misdemeanor
tu