Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1870-03-13

UNDREssED French Marseilles, Of our
own importation. =. LoweHstein& Bros.
POLICY or THE CITY AUTHORITIES.
Editors appeal, VIII you permit the
undersigned, through the columns Of
your widely circulated journal, to call
public attention again to the policy adopt
ed by the city authorities with reference
to gaming and houses Of ill-fame? To
complain Of an acknowledged evil is one
thing. and TO suggest an effectual remedy
for that evil is another and entirely differ
ent thing. am certain that the munich
pal authorities OF Memphis VIII readily
adopt any policy hat promises the sup
preston and extirpatiOn Of gaming and
houses of ul-fame in the city In all that
has been said against the corporate au-
thorities, no plan has been proposed by
which the city can be relieved of these
great evils. Wherever, OF the face OF the
| globe, from time i~mmemOrial, a city has
existed, there also have these evils been
found. Is there an instance on record
where q remedy has been effectually ap-
piled to remove the social incubus of
prostitution, or extinguish the lights Of
gambling houses? Is there a city in the
United states where they are not TO be
] lOuuu- AutS6 evils arc anu nave EkNI
been, among Us. They must be dealt with
in some way. How to treat them so as to
check, as far as possible, their pernicious
effects upon public morals, is a question
mucR easier to ask than TO answer. Can
they be suppressed by legislation2 1t has
been tried in vain for centuries. Rigid
legislation only serves to a~ggravate the
evil. AS has been said Of the legis-
lative acts in Maine and Indiana, on
the subject of drunkenness, the re-
suit has ever been TO more widely
spread the vice they were designed to
suppress. Police raids upon these houses
are a fruitful sOurce of corruption to the
police force. Our city has not been with
out experience in his respect. Besides,
these raids are unauthorized by the tdW Of
tie LaRd. Under the city charter, the
General Council is vested with power to
regulate, restrain, prohibit and punish
houses Of ill-fame and gaming. To re-
strain is one thing and to prohibit is an
ether. Suppose they are prohibited
and driven from public houses. More
private places Will h be sought, and
the magic power of "hUsh money! to pa
trolmen viii grant immunity to all these
evils in their most pernjcious n revolt
ing forms. 1 do not mean to charge cor
ruptiOn upon the police generally, but
bad men, in spite of the utmost precau-
ton. will procure places upon the palice
vi E4D NIl VI A4g b4A ~ 4 D
lewdness live and gaming flourish. But
even If every policeman were honest, in
tAe upper stories Cflarge buildings and
in private residences, Will the vOtaries of
faro, keno, roulette and houses Of il-fame
seek and lind secure shelter from police
vigilance. The history of Memphis, as
well as of all other cities, where ettOrtsto
suppress these vices ave been attempted,
abundantly confirm the truth of these
positiOns.
The policy Of the present Police Board
has greatly reduced the number Of houses
of ill-fame and gaming houses in
the city. All viii admit that
are those which are carried on in alleys,
cellars and out-of-the-way places, beyond
the reach OF public inspection and unre-
stricted by police surveillance; TO see that
order is preserved and that minors are
HeUer permitted TO cross their thresholds.
None but grown men can now frequent
these houses in Memphis.
We venture the assertion hat no re-
spectacle citizen Of Memphis can be found
who will impugn the personal integrity
Of eithe member Of the Police Board. No /
one of their assailants has charged them
with improper motives. Believing thaG
they are actusted by the puresJ motives,
and that they are sBbserving the best in
terests of the city, by the policy they have
pursued, l am in favO OfsuStaining them
in their course. His Honor Judge Hud-
SOB, in his charge to the Grand Jury, |
burls his judicial anathema at them,
whether for The purpose Of manufacturing
q little cheap popularity, to add to the
limited stock OF radical capital hereabOuts, /
or from a mistaken view OF the law, l am
unable to determine. Suffice it to say, the
member of the Police Board defy investi-
CATION utO their official conduct upon
this subject. indictments may be found,
expensive trials may be had, and large
bills of costs may be paid from the public
treasusy, but no member of the Police
Board can be shown to be guilty of crime.
Judge Hudson, in his instructions, to the
Grand Jury, says:
"Gaming is expressly prohibited bylaw,
and such laws are to be construed so as to
prevent the mischief and not aid the Of
fender. In this case. if it is true, as
stated, these officers are viOlators of law I
themselves. If they receive a considers
ton for their acts or judgment to be eX-
ercised in a particular manner it is
bribery, the punishment for which is not
less han three nor more than tWentY-One
years in the p~eniteptiary."
Now, in the name of common justice,
in the name of that high regard which a
Judge should have for law, why did he
not say to his grand jury hat no man
was ever bribed unless the money or other
valuable thing was received e~OTTUptLy?
Is there a definition of bribery to be found
in the law books that does not include the
word corruptly? Not one can be
found. Mr.. Bishop, in his admirable
work on Criminal Law, volume 2, a 70,
saws: BRIBERY is the voluntary giving or
receiving of anything of value in corrupt
payment for am official act dOn or to be
done. The payment or the receipt of the
valuable thereof must be CORRUPT. Coz
ruption is the gist. the marrow, the vitafs
of the crime" Judge Hudson, in his
charge to the Grand Jury, emitted this
elementof bribery, which is as necessary
to sustain that crime as Is the air we
breathe to sustain human life. I haye too
high a respect for Judge Hudson's legal
learning 20 suppose that he is ignorant Of
the fact that the element of corruption is
always embraced in the crime of bri-
berry. Hi, charge to the Grand Jury in
the mu~ltiiariousness of his duties (Which
know to he exceedingly onerous( was I'M
guarded in the omission OF this indispen-
sible ingredient Of bribery. He was also
mistaken in supposing that in cases of
bribery the Grand Jury had inquisitOrial
power. This is a dangerous power and
has been always circumscribed in Amer
lea. HOWEVER, we leave Judge HudsOn's
Grand Jury to be guided by his in
struetions. which they ought to respect;
and, at the same time, leave the
Board to take care Of
their own characters, which every
one who knows them is entirely satisfied
will he abundantly able to do under
any test their assailants may choose to
apply. s
Neither ihe Police Board, nor any mem- /
per of it, have any knowledge of this {
communication. The writer expects no :
favors of any description at their hands, 1
but he does think that good men, when {
you can gel them to take such positions {
as they NOW hold, ought not to be IN {
necessarily and unjustly he.d up to pub [
lie censure, MORE ANON. l
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