Evening star., 1936-03-01

TuSG Id&S.D
fourth of the first months total had
been killed.
In many cases where ticket has
been Cancelled, Prettyman said, the
word fixed" is misnomer
The two principal instances of this,
he explained, are where the prose-
cutor refuses to make out papers be-
cause he does not think the evidence
supports the charge, and where a
charge has to be nolle pressed be-
cause the prosecution witnesses do
<not appear to testify, or, in testifying,
change the statements they gave
originally.
Cases such as these, he declared.
account for many Of the Cancelled
tickets. and cannot fairly be classed
as fixing"
Bureau Must Keep Record.
Tickets also are Cancelled in the
Traffic Bureau, but the Commission
ers have required that record be
kept there similar to the one initiated
by the corporation counsel, and this
has led to corresponding decrease
in the number of such cases.
officials and judges deny they are
subject to continued pressure from
Senators and Representatives whose
friends or constituents are in trouble.
One judge, who has served many
years on the Police Court bench, said
he has never been asked by a MEM
Der of Congress to kill charge. This
fudge said a number of members
from time to time have taken an In
terest in cases pending before him,
but he asserted they have never at
tempted to bring any pressure to
bear to secure special consideration.
There is one time established prac-
tice, however, which is something OF
a nuisance to the prosecutors. In a
great many cases when a friend or
constituent asks member of Congress
to intercede in his behalf the latter
agrees to write letter to the pros
ecutor.
This is done, and the prosecutor
duly replies that after an investigation,
he finds there is nothing that can be
done for the offender. The Senator
or Representative then shows this
letter to the constituent as proof that
he has at least made an effort in his
behalf.
The constituent usually is satisfied
and pays his fine. The Congressman,
of course, didn't expect the prosecutor
to do anything about the letter and
the latter knew it.
Another well-established practice in
Police Court is for lawyers represent
ing clients charged with the more
serious offenses to wait until they can
get the case before a judge they
believe will be inclined toward 1eni-
ency. This results in considerable Jug
Cling and postponing of cases. 1t is
q matter, however, that rests within
the discretion of the judges and is
difficult to correct without depriving
the judges of the power to grant con-
tinuances entirely.
Leniency Sometimes Just.
Prettyman does not believe prose-
cutors should be deprived of the au-
thority to cancel tickets if they be-
lieve the circumstances warrant. The
remedy, he said, Is to see that this
discretion is not abused.
He cited an instance during the re-
cent heavy snowstorm when snow was
piled in against the curbs, making it
virtually impossible for motorists to
park within the required distance.
Despite this condition, one policeman
ticketed several blocks of parked cars.
When the circumstances were brought
to light all Of these tickets were can
celed.
"In cases like this" Prettyman said,
"the prosecutor should have discre-
ton to refuse to issue information
papers. 1t would work an obvious in
justice to compel these motorists to
70 into court and individually prove
the extenuating circumstances. The
trouble begins when those in charge
start canceling tickets for little or no
reason, but this is an evil which can
be corrected by close supervision Of
oil cancellations"