Evening star., 1936-11-08
OLD RIGHTS ASKED
BY MAGISTRATES
Prince Georges Association
Seeks Ruling on Trial
of Traffic Cases.
BY GORDON EAMEs BROWN.

BY GORDON EAMES BROWN.
Seeking to re-establish the right OF
Justices Of the peace to try traffic
cases, leaders of the Prince Georges
County, Md, Magistrates Associa-
ton are attempting to change lower
court system under which charges OF
police bonding collusion and graft
have brought grand jury investiga-
ton.
The association yesterday was
awaiting an opinion from Attorney
General Herbert r. O'Conor, who re-
Gently notified one magistrate that
he might actually try, with conviction
or acquittal, motor vehicle law vio-
lation suspects.
Under the current police court set.
up in the county, justices Of the peace
have merely been setting bond or
collateral amounts in traffic cases.
The defendants must appear for trial
at the sessions Of police court, or If
apprehended on minor ofYenses, must
forfeit collateral.
Residents Get Summons.
Out-of-State drivers, arrested for
serious violations, must post heavy
bond or go to Jail until court meets
in the jurisdictional area where the
offense occurred. Hearings are held
only twice weekly in HyattSville, once
in Laurel, Capitol Heights and Upper
Marlboro.
Only Maryland residents, unless ar
rested for accidents involving injury
or drunken driving, may demand a
summons from the officer and thereby
avoid bond posting. According to
law, the policeman must inform the
resident that he may request the
summons.
. A return to the former system, op-
Grating before the law Of 1927 estab-
lished the present set-up. would great
ly reduce the number of bond cases.
Only if the out-of-State motorist de-
sired a continuance or an appeal,
without pending imprisonment, would
a bond payment be necessary. The
driver could be tried, convicted or
acquitted by the magistrate immedi-
ately after his arrest.
"Oulu DOuus
The current inquiry into alleged
corrupt practices by police and bonds
men has brought charges that war
rants were altered between the JUS
tice of the peace hearing and the
Police Court trial. Affidavits of
Washington autoists, taken by the
Keystone Automobile Club, allege pay
ment of fine and cost" fees, in ad-
dition to the bonding fee, to bonds
men offering to fix" the cases.
A subsequent reduction in the
charges, Investigators say, brought set
tlement of the cases by small col
lateral forfeitures in Police Court,
although defendants were not pres
ent Investigators are attempting to
determine the disposition of monies
collected from the defendant, as
charged.
Magistrates Association leaders be-
lieve immediate trial by justices of
the peace would reduce the possibili-
ties of police -bondsman colluSion. In
many instances, no bondsman would
be involved, since the fine could be
set and collected at the time by the
magistrate.
Abolition of the procedural step in
transferring each case from the JUS
tice of the peace to Police Court would
consequently reduce chances for al
teration of records, case fixing" and
illegal receipt of money by police and
bondsmen, the leaders declare.
Not Test Case.
One case has already been tried by
q justice of the peace. Judge Robert
e. Ennis of Capitol Heights, who re-
ceived the attorney generals opinion
in recent letter, acquitted a Wash
ington motorist Of reckless driving
Friday night.
The hearing, however was not a
test case, since the defendant was
found not guilty and no appeal lies
to higher court for a ruling on the
magistrates Jurisdiction.
Justice of the Peace Fred Lutz of
Riverdale. association president, an
nounced yesterday he would immedi-
ately begin trying traffic violators If
the attorney general gives the asso-
citation a similar ruling, which has
been asked.
Another magistrate who intends to
start like proceedings is George s.
Phillips of Berwyn. The judges have
not yet instituted test cases, despite
O'Conor's opinion, because the ruling
was expressed in a private letter to
Ennis.
Meanwhile, several suits charging
illegality of the current Police Court
setup have been filed in the Circuit
Court at Upper Marlboro. These aver
the system Is unconstitutional, since
1t deprives the magistrates of GER