Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-09-09
DOUGHERTY SEEKS
SEVERE PENALTIES
FOR PATROLMEN
Would Empower New Tria
Board to Enforce More
Rigid Code.
MAI. HESSE HAS PLAN
TO PUT FEAR IN FORCE
Present Tribunal Similar to Court
Martial, Bride Says
in Report.

A rigid system of penalties providing
mandatory dismissal of policemen con.
victed for certain offenses will be ths
next step in the police department re-
formation program if the newly created
trial board fails to bring about the ex-
pected improvement in efficiency and
discipline, it was indicated yesterday
by Police Commissioner Proctor L.
Dougherty.
Maj. Edwin B. Hesse, superintendent
of police, recommended such a plan to
the Commissioners last April, five
months after the submission of his
scheme for reorganization of the trial
board which was adopted Friday. This
plan was considered by the Commits
sioners in connection with the recon-
mendations for a new trial board, but
action was deferred, Mr.. Dougherty
said, to allow the reorganized disciplin-
ary body reasonable time in which
to bring about an improvement in con-
ditions.
The delay. the Commissioner empha-
sized, does not mean that the proposal
has been permanently cast aside. II
the new trial board grows lenient and
imposes inadequate penalties, he said,
then serious consideration will be given
Maj. Hesse's other set of long-pending
recommendations.
Put Fear in Force"
Maj Hesse was called into the meet
ing of Commissioners Friday, Mr..
Dougherty explained, primarily to de-
lend his advocacy of the adoption of
a drastic code of fixed penalties. The
principal reason he gave, according to
the Commissioner, was that heavier
penalties such as he urged would
throw fear' into police officers and
probably reduce the number of acts
OF intemperance and cases of neglect
of duty that have come before the
board in recent months.
Commissioner Dougherty said he
firmly believed he new trial board is
competent to accomplish that purpose
without having TO be guided by scale
of fixed penalties from which it could
not deviate In eases that might be de-
serving of leniency.
Representative Gibson's disclosure of
the supposedly secret investigation of
the ploice department this Summer by
investigators of the Federal bureau of
eft1clency failed to excite either the
Commissioner or police officials. Mr..
Dougherty had no comment to make,
except that the bureau operatives on
previous occasions had probed into the
affairs of the municipal government
without the knowledge of the Commits
slonerS. Maj. HesSe said he had no
fear whatever of what the bureau
might say in its report to the Gibson
subcommittee or the outcome of the
Some police officials appeared greatly
amused, however, when told that the
investigation had been conducted "un-
der cover" Malcolm Kerlin, acting
chief of the Efficiency Bureau in the
absence Of Herbert Brown, they said,
had been observed obtaining informa-
ton from the police files, and their
police training indicated to them he
was investigating something.
Would Compel Witnesses.
In the wake of the Trial Board reor-
ganlZation, the Commissioners YESTERDAY
received the annual report of Corpora
tlon COUNSEL William w. Bride, urging
.enactment OF legislation empowering
the Doard to compel the attendance of
witnesses by attachment without re-
course to the Police Court with its
consequent delay. This would expedite
trlal proceedings and remove. in Mr.
brldeS opinion, much of the criticism
which has been directed at the Trial
Board in the past.
Mr.. Bride also suggested that an as
slstant corporation counsel act as legal
adviser and prosecutor for the trial
board. but this already has been carried
out In the reorganization scheme The
report was written, however before
agitation was started for a shake un
In the trial board.
A great deal of delay and conse-
quent criticism of the police trial board
Is que to its inability to secure the at
tendance OF witnesses by attachment"
Ine BRIDE report stated. Under the
present procedure where witnesses
Lall TO appear after having been per-
sonally served with notices to appear.
the trial board must 60 through the
Cumbersome procedure of requesting
the Police Court to issue attachments,
This procedure should be amended
by law. so that the trial board of its
own motion could forthwith secure the
attenoance OF witnesses by attachment"
the report declares.
Mr.. Bride discusses at some length
ms reasons why it would be better
to have the assistant corporation coun-
sci act as prosecutor instead of chair
man.
Il have long been convinced that the
police trial board would be materially
II the assistant corporation
coulsei. VINO sits as chairman of that
BOARD, was relieved of his membership
ON 1t and be given the duty of conduct
port states .
AS the board functions at present.
me procedure is very informal, even to
me extent that there is no one charged
Win the duty of preparing. and present.
ng the case against the accused officer.
The board knows nothing of the case
until 1t is called for hearing. and in
consequences Is utterly unable to con.
'lder 1t IN an orderly way.
Like Court Martial
This board is closely akin to a court
martial. 1t is a diciplinary body and
discipline should be administered within
he Police Department itself. The
of the trial board should be
members of the Police Department and
he corporation counsel should be
charged with the presentation of the
aw and the evidence to the board. In
hat way the charges could be gone
INTO. the evidence sifted, the witnesses
,ould be interviewed and all the ma
,erial facts properly presSnted.
'The complaining witness involved
Gould present the facts to this legal Of
1cer to prepare the case for trial. To-
lay there is little or no preparation for
rial. At the present time, neither the :.
Continued on Page 2. Colunaa a