The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1855-10-24
LOCAL MATTERS-

ahsoI, captain of the Night Watch charged witt
,so: ,s1ae:rering with the fremen in the discharge o.
slc.l duties. on the morning of the 18th inst was
Agalh called before the Mayor yesterday morning
If anu decided In order that the opinion given by
ms & honor may the more readily be understood we
"I. s,vca brief history of the affair.
inter an ordinance passed the 25th of July, 1855
e;s'a,plisling the present fire department, the prn
ciPai engineer claims absolute control over all
persons, IN times of fire, within the boundaries
marked out by tho 'cordons" and contends that
snod au.horities have no pow ers within the de-
neu ~, jurisdiction, unless acting under his ORDERS
ne section of the ordinance under which this pow.
er supposed to be derived reads thus:
me Principal Engineer shall have charge of all the
Ie engines engine houses hose aud OF her apparat tus
beionSns to the city of Richmond and during Tres for
Se purpose ofertnguishing the same, and for washing
ne snail have control of the fire plugs of the CITY
Yer WORKS. At fires and wasngs he shall have abso-
1nte CONTROL and under the bylaws of the fire de
ent he shall direct and control the fire police here
matter provided"
At the fire on the morning of the 18th inst two
or more firemen got into fight, and Captain VIII.
hhson pelng on the ground, interposed conser-
vator OF the peace, to prevent serious disturbance
indeed, he even summoned his men around him. In
ORDER to have them ready for service If necessary
put II was clearly proved that he arrested no one,
anu tiit ne directed his men to make un-
til told by him to do In the course of the morn.
ing, however, some of the watchmen and firemen
came into collision and arrests We're made ON both
sfes but no blows passed between them and no in
III
gineer was laid hold of by several watchmen. but
TINS was not done by the order of Captain Wilkin-
son, who. on hearing that the watchlnen were or.
dered TO leave the ground, sent his men off These
facts under the construction of the law and ordi-
nance by the Principal Engineer led to the arrest
of Capt. Wilkinson, the object being doubtless to
test the police power of the Fire Department and
the absolute authority of the Principal Engineer to
suppress tumult, disorder and disturbance of the
peace in the streets of the city in times of fire re-
rardlpSS nf fha cit Ac ,bo
Of the Mayor is an important one, we append its
substance below. Said his Honor:
The question involved is one of vital Importance
to the peace and good order of this city, and for this
reason have taken time to consider it properly
The Principal Engineer of the Fire Department
claims absolute control, under the State law and
city ordinance, in times of fire but especially with.
in the "cordons," and denies in round terms that
either the Police or Justice of the Peace, has any
right to interfere within those "cordons," even
though they were to murder about being com.
mitted or knew that parties were plotting treason
against the government. asked where this power
was derived FROM and referred to the 18th sec.
ton of the 55th chapter of the Code of Virginia
which is Ill these words:
"When there, the principal engineer shall have
command over the fre-wsrdens and commanders of
fire companies and over all other persons who NAV
be present, aud may appoint the stations and one r-
tions of the companies with their engines and of all
others for the purpose of cXtnguishlng the fire. re-
moving things from any building fire or in danger
and disorder
The idea seems to have taken possession of the
minds of the officers, from the word command" I"
in the section just read, that the powers of the
Principal Engineer are absolute in all things-that
ne man has right to arrest another for murder
rape arson, unless by the discretion of that Off
cer-that he is supreme This, think, is gross
error, though believe it to be honestly entertained
Is it to be supposed that the Legislature intended the
act from which have just read to repeal all other
inI,- T
constituting the statute that rule should be applied
in this case, which applies in all others, viz To
cOnstrue each rs to make it harnoniZe with the
others. The Legislature am sure meant to give
tho Fire Department the authority to save the pro-
pcrty from destruction, and nothing more-but in
order to enable you to do that it has given you tho
authority control your and to call in the aid
of by-standers, if necessary. The fourteenth sec
ton of the same act imposes a fine of $5 on any
person who refuses to obey your command, which
can be recovered on complaint before magistrate.
hen you do this, your power is at an end. Not so
with Justice of the Peace or Constable If
either of them summon aid in execution of the
laws, and the summoned party refuses to obey, he
can be indicted and punished by fine and impriSon-
ment. He then read from the Code, the duties
laid down for Justices and other Conseryators of
the Peace showing that their oathS required them
TO arrest felons wherever found, and also to arrest
persons for misdemeanor, when the act was com
mtted in their presence, without warrant.
1t has been clearly proved that fight took place
dr,,nt r. q Insticn o~ Consorratnr nf tha pnaoo
weI 10 see a fight anywhere, without attempting
to sunnress il he wouId Law himself Halle To he
indicted and fned Rnt no oficnr has ricbt 10
,rras+ nor+v cborcod With ,oi.domaoror 90 -,
n warrant uniess the act has beon cornmitted in
his siobt or hearing and here CHARGE the noice IN
hear fbis fact in mind and govern their conduct
cordnpIv
Nv olinion is the law under which the PrincinaI
Eroipoer claims his uLs,Inte authority does moth
inc more than give him mower tn extinpuish fres
and in doing This he IL snreme-but if the firenen
ret into fight, thew are not then aiding the Enpi
1ecr but violating the law and NAV be arrested
hv anv Jpstice or Conscryator of the Peace OF
cours if is the duty of the PRINCIPAL Engineer and
his assistants TO suppress s.tumultn but because
the law gives them that power the Legislature
never intended TO saw that an officer or Jus ice of
the Peace should not nerpose his authority in such
cases If the commander of the first regiment OF
Virginia Volunteers while on parade were to see
the law violated he would have the power to arrest
and confine the parties; but am sure that LAWYER
ms he is he would not say that the police if present
had not the authority to make the arrest die then
road authorities TO show the duties of Justices and
Constablos as also TO show who were exempt from
arrests in ri vii hut not in criminal cases) All men
from tho Governor down are subject to arrest
wherever found and if the Conseryators of the
peace find it necessary to do So thcv NAV not only
call private citizens to their aid but NAV summon
tbr military