Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-12-14
FINE AND JAIL TERM
Penalty imposed Upon Benja-
min Len0vitZ Today.
POLICE COURT SENTENCE
Proprietor of Hotel Convicted Of
Keeping Disorderly House.
COUNSEL NOTES AN APPEAL
Constitutionality of the Trial Cour.
Attacked-Lack Of Jurisdic-
ton Alleged.

BENJAMIN LenovitZ. proprietor or the
Farmers and Merchants Hotel. 32iO NJ
street northwest. was sentenced today fol
keeping a disorderIy house to serve sl1
months in Jail and to pay a fine OF &5co
in default of which lie is to serve an adj
ditional six months in Jail. The sentence
was pronounced by Judge Kimball in the
United States branch of the Police Court
An appeal to the District Court of APP
pesls has been taken by Lenovitz Pend
ing the decision of the Court of Appeals
Ienoyitz is at liberty on 81 600 bond.
Judge Kimball's Comment,
In pronouncing sentence Judge kimbai
said:
81 have had long experience on the
bench in this court. but never in ALL my
experience has there been tried a disor-
derby house case as bad this This
house had hotel license. and was au-
,llorized by the District government to
do hotel business. In this way the
house had In a way a clean bill of health.
Any of us might have gone to the novel,
might have taken our children there, not
knowing the kind of place to which we
were going. The evidence showed that
they were even summoned there by tele-
phone: that I.enovitz himself received the
money: that the housekeeper of the no.
tel was one of the women who mad
principal part in this business.
This defendant deserves punishment
4 money fine might be construed as q
license to do such business. A fine IS
rot enough. A man or woman VINO
would do such business should be pun
IL tail
is against the community as we'll as
against the persons who frequented the
place.
Counsel Note an Exception.
Counsel for Lenovitz. Messrs. Campbell
Darlington and John Ridout. presented a
motion to auash the information and the
case against the defendant when the case
came up in court this morning. They
attacked the Police Court. alleging that
it had been created contrary to the con-
stitution. and also asserted that the court
had no jurisdiction in the Lenovitz case.
This motion was overruled by Judge
Kimball. Counsel took an exception to
this ruling.
Judge Kimball. in making his ruling.
said that the constitutionality of the
Police Court had been sustained for many
years. and that while the prosecution OF
d!Sorderly house cases was under the
common law, for years it had been
deemed right and proper to try such cases
in the Police Court, and he would not
turn from this custom now.
sAttoney Given Sustains Court.
Assistant United States Attorney Ralph
Given who prosecuted the case for the
government. said that the decision of the
Supreme Court of the District. upheld by
the Court of Appeals. had fixed the right
of the Police Court to try such case.
lie quoted from the case at length.
Mr.. Given recommended that the court
give Lenovitz Jail sentence.
IF I should say that Lenovitz should
be allowed to pay a nominal fine / would
If ever there was case in which a
Jail sentence should be imposed it is this .
Mr.. Darlington pleaded with the court
to impose a fine and not a Jail sentence,
II any sentence was imposed at all.
Appeal for Clemency. .
This man. said Mr.. Darlington. has
already suffered great punishment. He
he has accumulated during his lifetime
has been swept away. He is being made
responsible for all the acts Of his agents.
/ ask clemency of the court for him. 1t
is not right that he should be made to
suffer for. the wrongdoing Of others.
1T has been the custom of the court in
other disorderly house cases to impose
a fine OF from So TO $lOO."
.Lenoyitz case was tried By jury sew
eral weeks ago. The jury brought i'm a
verdict Of guilty Sentence has been Sus-