The Washington bee., 1911-03-25
SHOULD HAVE COUNSEL,
Says Attorney H, A. Clarke.

a brief has been submitted TO Judge
Alexander R Mullowney, presiding IN
the United States branch of the Po-
lice Court of the District of Columbia,
by Attorney H A. Clarke, protesting
against the aTraignment, trial, cOny1c-
ton and sentencing of persons charg-
ed with the commission of criminal
offenses in the District of Columbia,
cognizable in the United States
branch OF the Police Court, without
the assistance of counsel for their
defense.
The contention of Lawyer Clarke IS
that the Sixth Amendment to the
Constitution of the United States pro-
vides that, in all criminal prOseCu-
tions, the accused shall enjoy the
right to have the assistance of COun-
sci for his defense" and If the ac-
cused is arraigned, tried, convicted
and sentenced without the assistance
of counsel for his defense, he IS de-
prived Of his liberty without due
process Of law" within the meaning
of the Fifth Amendment to the Con
stitution Of the United States.
Lawyer Clarke further holds that
tense of the accused" is equally as
imperative, in courts and Jurisdictions
where the Constitution Of the Uni
ted States is applicable, as the right
to a speedy and public trial by an
impartial jury, etc, and that II the
right to the assistance of counsel can
be waived, as the right to trial by
jury in many jurisdictions, the waiver
is the privilege of the accused and
can only be affirmatively waived, after
the accused has been informed of and
offered his constitutional rights by
the court.
In support of the constitutional
question raised by the attorney, he
has cited decisions handed down by
the courts of many States of the
Union, whose Constitutions are IN
harmony with the Constitution OF the
United States, reinforced by an Opln-
ion handed down by Chief Justice
White, when an associate justice OF
the Supreme Court of the United
States, which held in part, That the
Constitution was applicable to the
District Of Columbia, and was dOml-
nant and controlling where appllca-
Bile" This opinion was conCurred In
by Justices Harlan and Brown.
In addition to the above, the attor-
ney cited an opinion handed down by
Associate Justice Harlan in a case, IN
which the accused was tried without
a jury in the Police Court of the Dis
trict of Columbia, for the commission
of a criminal offense, In this case
the accused Contended on a petition
for a writ of habeas corpus, that he
was arraigned, tried, convicted and
sentenced for the commission of a
crime, within the meaning of the
Sixth Amendment, and was deprived
Of his liberty without "due process
of law within the meaning of the
Fifth Amendment. Justice Harlan in
delivering the opinion for the SUI
preme Court, sustained the conten-
ton of the accused and directed his
discharge from the custody of the
marshal of the District, on the ground
that he did not have a constitutional
trial. Extracts from Judge Mullow-
ney's letter TO Lawyer Clarke is as
follows:
Yours of the twenty-sixth instant
received, suggesting that counsel be
assigned all defendants tried in the
United States branch of the Police
Court The present practice of try
ing cases has been in vogue since the
organization of the court, over forty
years ago. Your letter, however
raises a very interesting question
which ought to be determined IN some
judicial proceeding"