The Washington times., 1923-11-19

Police Judges May Modify
Ruling If Injustice Is
! Shown

Pleas Of bondsmen concerning
the new regulations requiring
what amounts to twice the Sc
curity formerly required for the !.
release Of prisoners pending trial,
viii be heard by the judges of
the Police Court, and modifica-
tions made If it can be shown
that any part Of the regulations
are unjust, it was said by one
Of the judges today.
Claim Rule Too Drastic.
The new ruling, reducing from
three times the market value to twice
the assessed value Of property listed
as security, has produced q situa-
ton whereby every professional
bondsman In the city is disqualified
as bailor for any prisoner under the
jurisdiction OF the Police Court.
The regulations are considered too
drastic by both bondsmen and promi-
nent attorneys, who point out that
although the court IL entitled to a
fair security, bondsmen are In the
same category with insurance COM
panies which are allowed by law to
insure In excess Of their assets, It be-
ing considered impossible for all of
their clients to die at one time. The
same rule applies, they, say in taking
bonds, for the percentage Of prison
erg who Jump" bonds - 50 small
az to make the risk to the court
negligible. 1850.
Say Loss IL Negligible.
Il IL also pointed out that the
court has never lost anything
through a bondsman failing to
forfeit when he has been unable. to
release he has effected. Patrick F.
O'C0nnor recalls that out of a
bonding business running into more
than 100000 last year he for
feited but $500.
T. Morris Wampler, prominent
local attorney, assails as unconsti-
tutional the regulation that goes
into effect today whereby the re-
lease Of an alleged offender cannot
be conSumated after IL o'clock at
night. Clerks formerly were al
lowed to sign releases at any hour
OF the night when duly authorized
bonds were brought to their homes,
but this 10 discontinued and one
clerk II assigned to the clerks Of
flee OF the Police Court from s to IL
o'clock each night where releases
can only be signed.
.Interprets Law.
The legal Interpretation 10 that
a man is entitled to freedom under
bail at any hour Of the day or
night, and consider it unconstitu-
tional for rules to DO made by any
one designating certain hours only
for the release of those arrested.
These same persons may later be
found entirely innocent Of any
remain in Jail from II o'clock at
night until 9 tho next morning
before they can be released on
band" Wampler declared. g.
No Difficulty Felt.
That the disqualifying of all Of
the professional bondsmen in the
District has not worked any hard
ships on those arrested over Satur-
day and Sunday, was pointed out by
Police Court officials today when
they called attention to the fact
that. in the United States branch Of
court, there were but sixteen
prisoners locked up, as against the
usual Monday morning docket OF
twenty-five and thirty. In the Dis.
tr1ct OF Columbia branch there was
the usual Monday morning docket of
between fifty and sixty.
With the exception of three al
legged violators of the prohibition
laws. who were allowed by Com
missioner Macdonald to be released
on bond, there were no prisoners
released in this manner, but 1t is
! also pointed out that many were
released on cash collateral who
would otherwise have furnished
bond for their release.
1t Is discretionary with the police
precincts as to whether a prisoner
may be released on cash collateral
or be compelled to furnish bond
and 1t is thought that the police
Will take into consideration the
present situation in determining be-
tween the two means, thereby al
leviating much suffering that might
result in releasing prisoners only
on bond. a..
Those in charge Of the District
jail announced that the difficulty in
securing bond has not yet been felt
at that institution.