The Daily empire. (Dayton, Ohio) 1865-1867, 1867-05-28
THEo. G.. WoRMLEY,
Gas Commissioner.

The BOARD OF POLICE COMMISSIONERS
Judge Green, of Columbus, in granting o
writ ofinjunction against the action of the
Board of Police Commissioners, made the
point of the unconstitutionality of the law,
giving the Board existence, n prominent
one. And in order to show more definitely
the relative position the law bears to the
Constitution of this State, we quote first
from the law the following:
"SEC. l3. The Superintendent deputy
superintendent or any captain of police,
having just cause to suspect that any felony
is being, or Is about to be committed within
any building, public or private, or on any
wharf or enclosure, or on board of any ship,
boat or vessel within said city, may enter
the same at all hours of the day and night,
to make all necessary measures for the
etfectual prevention or detection of all
felonies, and may take then and there into
custody all persons suspected of being con-
cerned in such felonies, aud also may take
charge of all property which he or they
shall have then and there just cause to suS-
pect has been stolen"
We have itdlicised the words "suspect ;,
and suspected" that it may the more
readily be seen thatit Is all left entirely
with police captain, etc. to use his own
pleasure, under cover of this act, to enter
any mans dwelling, at any hour of the day
or night, and play the part of pimp and
informer, to the great annoyance and TO the
detriment of the good character or our
citizens. Let captain of police but once
exercise this unconstitutional power, pre-
tended to be vested in him by this act that
dwelling so entered Is at once made mari
for the busy tongue of slander, and the
owners character damaged, perhaps, be.
yond reparation.
Now, without further comment as to the
annoyances and damages that might occul
from the exercise of the uneonstitutiona
power thus sought to be conferred upoI
this Board of Police Commissioners an,
their appOintees, by virtue of the section o
the law above quoted, we will at once show
its direct conflict with the provisions OF til,
Constitution OF this State, by quoting sec
ton IA, Bill Of Rights; - d .. '' Ct
SIC. II. The right of the people to b,
secure In their persons, houses, and posses
sons, against unreasonable searches ant
seizures shall not be violated; and no war
rant shall issue but upon probable cause
supported by oath or affirmation, particu
larly describing the place to be searched
and the person and things to be seized1 d
Here we see there must be a cause for en-.
tering mans house, and that cdHse mus
be supported by oath or G6irmGtfo,l-thC
place must be specified, and the person OF
things described, and warrant must issue
before any one, though he be an officer o
the law, has any right to enter the dwell
ing, or castle" as it is officially termed, o.
resident of the State of Ohio, living with
in its boundaries, under the egis of thai
Constitution. No policeman, on a mere
suspicion or pretense thereof has right tC
enter any mans house, or place of busi-
ness without the consent of the owner
and II he come without warrant from the
proper authorities, may be refused admit.
tanee as though he We're but rObber in
tending TO break In and steal.
IN Nothing, as yet has been disclosed
at Cincinnati, 10 clear up the mysterious
a " ~