Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1913-01-10
Violations OF The Automobile
Statute.
10 the Honorable the Board of County
Commissioners of Montgomery county,
Maryland:

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mobile statute at or near Chevy Chase, OF
Connecticut Avenue, by Walter P. Shaw
Constable, and impositions of fines by Ros.
coe M. Roach. Justice of the Peace, bel
leave to report my findings:
1t appears that Shaw apprehended or
the 22nd day of December SO persons fol-
alleged violations, all of whom were taker
before Justice Roach, who required "a Of
the number to deposit with him the sum
of SIS each for their appearance to answer
the preferred charges before him on Fri
day, the 9th day of December, at Glen
Echo.
Fourteen of those apprehended were re-
leased on their personal recognizance to
appear on the same day before the said
Justice. A total of $12O was deposited for
collateral for their appearance at trial,
and not $1,000, as has been reported.
One of those who left collateral for his
appearance, appeared for trial and fine
of 81 and costs was imposed by the justice.
Twenty-three forfeited their collateral by
their non-appearance, and all of the IA
who were released on their personal recoe-
nizance failed to appear at that time or
anytime since.
The alleged violations consisted of not
having Maryland license, operators license,
registration number or cards, failure to
display license tags either in front or rear
or both. Also failure to have properly and
securely fastened license tags to prevent
swinging so as to make identification easy.
There were no alleged violations of the
speed law.
Shaw it appears is the only constable of
the 7th election district where these ar
rests were made, and hence the argument
that he had no jurisdiction cannot be urged.
1t is not only his right to exercise jurisdic-
ton upon this particular highway. but it is
his duty, there being no other constable in
said district
1t certainly appears, however, that on
this particular day that he permitted no
person to escape for even the most trivial
violation. However each charge as shown
me by the warrants and docket of the JUS
tice is in direct violation of the aforesaid
statute.
A majority of the offenses charged were
trivial in their nature, and if more diplo-
macy and the exercise of good judgment
were used in these particular cases, less
strife would have been encountered and
better results attained.
am aware that autOmOblists are to a
great extent not only prosecuted wantonly
but are frequently victims of prosecutions
by certain petty officials, who prey upon
them for the sake of the fees-a system in
this county and State that should be
speedily obliterated for the common good
This board has only the power of ap-
pointment of constables under the law and
does not have any authority to suspend.
dismiss, remove or discharge any consta-
BILE after he has been duly appointed,
bonded and qualified for the term which
he has been appointed.
The power of removal rests entirely with
the Circuit Court after any such constable
has been indicted by the Grand Jury and
convicted for mafeasance in Office. ! am
unable to find any evidence in this matter
to warrant any such procedure, and il there
is any it should be referred to the State:
Attorney for the county for his action.
This condition of affairs existing under
present law should be amended so thai
this board would be given the authority to
control the actions of cOnstables and assign
them certain districts and duties, and said
constables should be at all times under
the guidance and direction of said board
which they are not at this time.
Roscoe M. Roach, the Justice of the
Peace. find to have been appointed by
the Governor of this State and duly qualified
as such and was acting as such within
the district for which he was appointed
and was not recently appointed by the
constable, and is not a resident of Wash
ington as has been alleged. but an actual,
bOna-fide resident of the district county
and State wherein he was acting.
1t appears that these arrests were made
on Sunday, which prevented a trial of
these alleged violations on this day and
the Justice required the deposit of collat-
eral for the appearance at trial on the fol-
lowing Friday before him, thereby giving
the alleged offenders an opportunity to
present their defense. which was done in
one case alone.
This Justice, under the law. had no
legal or lawful authority to fix or impose
any fine for any violation Of the automO-
bile law. Nor has any other Justice Of
the Peace in Montgomery county except
the Police Justice.
An erroneous impression has been ex-
listing in the minds Of many Justices OF
the Peace of this county as to their au-
thority to conduct the trial Of violations
Of the automobile statute.
By an Act of the General Assembly of
Maryland. passed at the January Session
1910. all the power of conducting any
criminal prosecution or trial for any crime
or misdemeanor was taken from all JUS
tees of the Peace and lodged in the Police
Justice Of said county.
By an Act Of the General Assembly Of
Maryland passed January, 1912. these
powers were again restored with this limi-
tation, that they should have any and all
such powers as they had up to January
LIST, 1910.
Now this particular statute. better knOwr
as the automobile law, was not passed
until March. 1912.
Hence no Justice other than the Police
Justice has any power or authority to i'm.
pose any fine or conduct any trial for AM
alleged violation Of this present particular
statute so far as this county is concerned
Notwithstanding several Justices Of tn
Peace Of this county are unlawfully as
Stunning such power and authority, d.