Evening star., 1927-05-03
Commissioners Held Power
less to Give Autoists Right
to Pay or Go to Trial.
EIGHT PLANS TO END
COURT CONGESTION URGED
New Building, Additional Judges
and Prosecutors and Other Pro-
posals Made After Study.

by the Commissioners, held that the
city officials were powerless to init.
ate such a system without the ex.
press authority of Congress.
Under the proposal as already in eff.
feet in some cities offenders would
be given the option of paying a fixed
schedule of fines in lieu of going to
trial. This would have alleviated to a
great extent the present congestion
in Police Court.
The committee. composed Of Ring.
gold Hart, assistant corporation coun.
SELL Maj. Edwin B. Hesse, superin,
tendent of police. and M. o. Eldridge,
acting director of traffic, in a compre-
hensive report based on study Of
the Police Court congestion and po-
tential methods of relief, held that
the Commissioners are powerless to
initiate a system whereby forfeiture
Of collateral would constitute punish.
ment.
Eight Recommendation Made.
Eight recommendations were made
by the committee, however, for reliev.
ing the crowded condition Of the
court.
1. Erection Of new Police Court
building.
2. Appointment Of at least two
additional judges.
8. Appointment OF at least two addi-
tional assistants to the corporation
counsel at the court for the purpose
Of prosecution.
4. That the amount OF collateral
required for the appearance OF any
offender in the court should be left
discretionally with the commanding
officers Of the police precincts, to
issue attachments to compel attend
ance when the circumstances de.
mand.
S. That the assistants to the cor.
poration counsel at the court be not
bound by order, concerning the mini.
mum collateral to be forfeited in any
given case, but that they be permit.
ted to exercise some discretion therein
as prosecuting officers.
s. That the nnemhers OF the police
force be oficially informed that they
may use discretion in the question of
arrests for minor violations OF the
traffic regulations, but that they
should not tolerate repeated viola tons
by the same individual under any cir.
cumstance.
z. The adoption Of 4 collateral no.
tice slip to be given Offenders for pro-
lection in court at the time Of placing
collateral.
s. The utilization of the benches
in the District Of Columbia branch
of the Police Court for prisoners await
ing trial.
No Action Taken.
The report was submitted to the
Commissioners by Mr.. Hart, chairman
of the committee. 1t was given con-
Sideration at the semi-weekly board
meeting Of the Commissioners, but no
action was taken.
The committee was appointed for
the specific purpose Of considering a
communication from GUS A. Schuldt.
presiding judge Of the Police Court.
making suggestions for relief In the
court, and also to consider establish.
ing a system Of collaterals for minor
cases of infractions of the traffic
regulations to be on a schedule of
first, second and consequent offenses.
whereby the commanding officer OF
each police station would be permitted
to require such collateral as a punish.
ment for such minor offenses. in lieu
of a security 10 enforce the appear
ance of the offender at the Police
Court
Reporting upon the suggestion OF
a system of collaterals as a system OF
punishment for minor offenses, the
committee said:
When collateral is placed in &C.
cordance with the provisions of sec
tion As of the Code of Laws OF the
District of Columbia. it is for the APP
pearance of the offender in court"
The depositing of collateral is discre-
with the person arrested.
Should he elect not to deposit collat-
eral, he may be detained and pres
sented in court at the next session
thereof. In cases involving traffic vio-
lation. he may be taken TO court forth.
with and the traffic act so intended.
In many instances, however. no collat-
eral is demanded, but the practice Is
to notify the offender at the time of
the arrest to meet the arresting ON.
GER in court at a time then fixed.
Forfeiture up to Court.
In other cases the offender is given
the choice of leaving collateral or
the officer in court. II the
offender fails to com ply. warrant
is secured for his arrest. When
is deposited for appearance
and the offender fails to answer to
his name when called, it Is discre-
attachment to compel his attendance.
It is only in exceptional cases, how
aver, that the latter action is taken.
The usual procedure is to declare the
collateral forfeited. The court may
not only declare collateral forfeited
but may at the same time require
he appearance of the offender by
1.-The police court is the tribunal
ixed by law, for the hearing and
lisposing of violations of the police
equations, and of various acts OF
Congress in the nature OF police reg
llations. 1t is not within the power
# the commanding officers of the
'arious police stations to require
collateral as punishment in lieu of
ecurity to enforce the appearance Of
IN offender at the police court.
1.-The depositing OF collateral for ap-
is a privilege, accorded the
ffender. The amount of collateral
s determined by the commanding
Ulcers of the various police stations
nd should be fixed in a sum com.
nensurate with the offense COM
nitted. In no case should 1t be an
mount les sthan the minimum fine
ghich would be imposed for a viola
Ion Of that particular regulation. ~
I'm the absence of expressed
from Congress it is the
pinion OF your committee that the
are without authority
Q arrange for forfeiture of collateral
Continued on Page T. Column. 2