United States v. Cella
United States v. Cella
Opinion of the Court
delivered the opinion of the Court:
This is an indictment charging the defendants named in the preceding case [ante, 423] with the offense of being the owners, keepers, managers, operators, and promoters, and with having assisted in keeping, managing,' operating, and promoting, a bucket shop in this District. To this indictment the defendants demurred upon the ground, first, that it does not sufficiently inform them of the charge they are to meet, and, second, that the prosecution should have been in the name of the District of Columbia. The court, as in the preceding case, quashed the indictment upon the ground of the unconstitutionality of the act upon which it was based, and permitted the defendants to go without day.
No question is made in the brief of the appellees as to the sufficiency of this indictment. The constitutionality of the act upon which it was based having been sustained in the prior case, the sole question for consideration here'is whether this prosecution should have been in the name of the District of Columbia, and not in the name of the United States. Appellees base their contention upon sec. 932 of chapter 20 of the' Code [31 Stat. at L. 1340, chap. 854], relating to criminal procedure. This section provides that “prosecutions for violations of all police or municipal ordinances or regulations, and for violation of all penal statutes in the nature of police or municipal regulations, where the maximum punishment is a fine only, or imprisonment not exceeding one year, shall be conducted in the name of the District of Columbia and by the city solicitor or his assistants. All other criminal,
We have said in the prior case .that there can be no crimes against the District of Columbia, the District not being a sovereignty; that crimes committed here are crimes against the United States. Metropolitan R. Co. v. District of Columbia, 132 U. S. 1, 33 L. ed. 231, 10 Sup. Ct. Rep. 9. Congress, in the exercise of its plenary power, has prescribed the procedure to be followed in the prosecution of offenses in the District. It has ordained that prosecutions for violations of all police or municipal ordinances or regulations, and penal statutes “in the nature of police or municipal regulations,” shall be in the name of the District. It is at once apparent, therefore, that the point raised by appellees is purely technical in character, as no substantial right is involved.
Looking to the context, and having in mind the probable intent of Congress, what is the scope of the words “penal statutes in the nature of police or municipal regulations,” as used in the statute under consideration ? A municipal ordinance or police regulation is peculiarly applicable to the inhabitants of a particular place; in other words, it is local in character. While municipal ordinances or police regulations are binding upon the community affected by them, they do not emanate-from the supreme power of the state, which is the exclusive-source of all general legislation. Baldwin v. Philadelphia, 99 Pa. 170; Rutherford v. Swink, 96 Tenn. 564, 35 S. W. 554. When, therefore, Congress required prosecutions for violations of statutes in the nature of police or municipal regulations to be in the name of the District of Columbia, it undoubtedly had in mind such local regulations as were peculiarly applicable-to conditions here existing. It did not, we think, intend to require or permit prosecutions under general penal statutes to> be in the name of the District of Columbia, even though the-territorial scope of such statutes was restricted to the District. A statute making it an offense for a motor vehicle-to exceed' a certain limit of speed within the city limits would clearly be-
It follows that the judgment must be reversed, and the cause ■.remanded for further proceedings. Reversed and remanded.
Reference
- Full Case Name
- UNITED STATES v. CELLA
- Status
- Published
- Syllabus
- Criminal Law; Parties; Statutes; Bucket Shops. 1. There can be no crimes against the District of Columbia, the District not being a sovereignty; but crimes committed in the District of Columbia are crimes against the United States. (Following United States v. Cella, ante, 423.) 2. Under sec. 932, D. C. Code [31 Stat. at L. 1340, chap. 854], prosecutions in the District of Columbia for violations of general penal statutes should be in the name of the United States, and not in the name of the District of Columbia, even though the territorial scope of such statutes may be restricted to the District of Columbia. 3. A prosecution for the violation of a statute prohibiting the business of bucketing in this District should be in the name of the United States, and not of the District of Columbia, whether the prosecution is for the first or second offense. (Construing sec. 932, D. C. Code.)