Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-02-04
Justice Robb Rules 0ttenSe
Is IndiCtabIe and Denial
Is Illegal.
SENTENCE IMPOSED
ON COLTS SET ASIDE
Opinion Expected to Play Part in
Congressional Debate on
Wickersham Proposal.

In decision seen as having bearing
on the proposed change in procedure in
trying liquor charges, the denial OF
TRIAL by jury in Police Court on charge
OF reckless driving was held illegal to-
day by the District Court of Appeals in
unanimous opinion rendered by JUS
tlce Charles H. Robb. The court set
aside sentence of 80 days in Jail
imposed on William H. Colts and di-
rected new trial.
Reckless driving, the court holds, was
an indictable offense at common law
Tor which jury trial could not be de-
MED and Congress is without power to
change the grade of a common law
crime to a petty offense no more than
it could reduce the grade of murder
or any other crime to a petty INSIDE
meanor.
The seventh amendment to the Con-
stitutlon, the court points out, per-
mits a trial by jury in civil case in
volVlng more than $40, and remarks:
1t would be an anomalous situation,
indeed, if in a civil suit against Colts
IN the District of Columbia involving
more than $40 he could demand a jury
trial as of right and yet could be de-
prlVed OF that privilege in a prosecu-
ton for common law offenSe involv-
ing his reputation and liberty"
Opinion Held Significant.
The opinion of the court is expected
to play no little part in the congress
sional debate over the Wickersham pro-
posal to try minor liquor cases before
United States commissioners without
jury. The Jones-Stalker law permits
the imposition of five years imprison-
ment for first offenSe of sale and
transportation and requires an indict-
ment, and If Congress may not reduce
the grade OF a crime it will probably
be argued that it may not submit liquor
violations to commissioners courts.
1t was an indictable offense at COM
mon law" says Justice Robb, amount
ing to a breach of the peace, to drive
a carriage over crowded or populous
street, at such a rate or in such man
ner as to endanger the safety of the
inhabitants The information in the
present case charged Colts with oper-
atlng a motor vehicle on one of the
public streets of the District 'recklessly,
in such manner and condition so as to
endanger property and individuals He
was therefore charged with an indict-
able oHenSe at common law and
amounting to a breach of the peace.
The third article of the Constitution
provides that the trial of all crimes,
except in cases of impeachment, shall
be by jury 1t becomes necessary to
determine whether the offenSe charged
is a crime within the meaning of the
Constitution"
Court Relies on Two Decisions,
The court relies on two decisions of
the United States Supreme Court
known as Callan VS.. Wilson, 1877 u. S.
$40, and Schick VS.. United States, 1876
U. S. IS. In the Callan case 1t was ruled
that the constitutional provision for
trial by jury is to be interpreted in the
light OF the principles which at COM
mon law determined whether the ac-
cused in a given class of cases was en-
titled to a trial by jury and that there
Is class or grade of minor offenses
not triable at common law by a jury
that may be proceeded against sum-
marily in any tribunal legally consti-
tuted for that purpose. In the Schick
case 1t was pointed out that penalty
of $50 for violating a revenue statute
indicates only petty offense and is not
one necessarily involving any moral de-
linquency. The real test, it was held,
is the nature of the offense and the
amount of punishment prescribed.
That the common law offense of
reckless driving" says Justice Robb lis
crime within the constitutional provi-
sion for a trial by jury is, We think,
plain. Has the inherent character of
that otfense been changed by the statu-
tory provision reducing the penalty for
first offenSe to fine of not more than
$1OG or imprisonment of not more than
80 days? We think not. This offense,
being nahum in Sc, necessarily involves
moral delinquency. One convicted of
driving vehicle in q crowded street so
reckleSsly as to endanger human life
would merit and receive the lasting
condemnation of all right-thinking peo-
pie and thus suffer greater punishment
than that prescribed by law"
Points to Traffic Act.
The court reviews the traffic act and
points to it as an apt example of the
distinction between petty offenses and
crime. The provision that no vehicle
shall be operated at a greater speed
than % miles per hour is a mere police
offense, a creation of the statute, a
violation of which would not neces-
sarily involve any moral delinquency.
This was recognized by Congress by fix
ing a penalty for first offense of
speeding at not less than SIS nor more
than $25 making such violation clearly
petty offense subject to summary
prosecution before a court without
jury.
In answer to the suggestion that it
would be more convenient to try all
cases involving traffic law violations be-
fore a court without a jury Justice
Robb goes back to Blackstone, quoting
his prophetic words: And, however
convenient these Summary proceedings
authorized by acts of Parliament) may
appear at first Gas doubtless all arbi-
trary powers, well executed, are the
most conveniently yet let it be again re-
membered, that delays and little incon-
veniences in the forms of justice are the
price that all free nations must pay for
their liberty in more substantial mat
tiers; that these inroads upon this
sacred bulwark of the Nation are
fundamentally opposite to the spirit of
our Constitution; and that though be-
gun in trifles, the precedent may grad
ually increase and spread to the utter
disuse of juries in questions of most
momentous concern"
Colts was represented by Attorneys
Whelan 81 O'Connell. while the District
was represented by Assistant Corpora
ton Counsel Robert E. Lynch and
Chester H. Gray.
RESIGNS tn Accent Ohm Post