Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1876-03-03
Il POLICE MunnLE.
The Interference with sha REGARD
er's CoaIt by chief of Polfcs Athy
ana the Conn faafnuer

The Interference with sha REGARD.
ers CoaIt BY Chief of Police Atby
and the COmmisstOHsera.
For some time not the best feeling in
the world has existed 10 the Chief of
Police office toward the Recorder Court.
1t originated when Recorder Duff took.
his seat and prohibited the police officers
from releasing arrested persons BY be-.
coming verbally responsible for their az
pearance next morning. a practice which
had been carried entirely too far, and
one which if used at all should be used
with great discretion. From this other
little ~so-called grievances sprung up I'm
til the feeling Of jealousy and bitterness
became intensified. The next step made
TO interfere with the Recorders Court
was Tor certain magistrates to issue war
rants in State cases against persons ar
rested by the police, these warrants being
usually sworn out by the personal friends
of the arrested parties. This was a game
played for the fees in State cases, but the
game was broken up when Mayor Flip
pin issued an order to the Chief Of Police
and station.house keepers not to turn
over prisoners confined therein to officers
holding warrants issued by outside magi-
that such arrested persons we're
the Jurisdiction Of the Recorders
bat to recognize a writ of habeas
corpus when issued from a cour of rec
ord. Mayor FlippiD based his order on his
thorough knowledge Of tho law aud also
1pon the written opinion of City Attor.
ney Walker. aud in this view Of the case
understand Attorney General Wrigh:
~coacurred. After this matters went
quietly fer q time, butlast Monday
.he war broke ont again. Two negroes
charged with burglary and robbery were
arrested and bsought before the Recorder
On State warrants regularly issued. At
The instance Of the prosecuting witness,
Or. Harvey. Whose store had been
robbed the hearing of the cases was con
linued over to Wednesday. 10 the mean.
time the burglars were State prisoners
u the custody Of Constable Garvey, and
gere not in the custody Of the Chief OF
police in any sense. and Constable Gar.
gey had a right TO carry the prisoners to
he county Jail for safe keeping. Ia the
a warrant against the prisoners
'7ss sworn out before Esquire Spelman.
and Constable Williams applied at the
Office of the Chief Of Police for the Gus.
tody Of the prisoners. Right here it
may bs we'll to state that when one Mag,
.lst'ate has charge of persons on a State
warrant no other Magistrate can take
Jurisdiction OF the Ease by taking such
prisoners out of the hands Of the Hrst
Magistrate.
II ILLEGAL RESCUE.
The Police Commissioners. were in.
vited to take action in the matter, and
they, not being lawyers or knowing the
facts in the case, but no doubt having
been purposely m~isin'orued, issued an
order on Chief Athy ~instruoting him 10
turn the prisoner over on the warrant held
by Constable Williams, and hat too in
the face Of the order issued by Mavor
tlippin. Our reporter met Chief Atbv
as he was on bis way to execute the lille.
gal order and suggested to him that !,
would be well for him to see Mayor Film.
pin and arrange the matter hsrmoni.
ously, but the Chief said they were going
to make the issue then. In discussing
the matter this morning the Avalanche
falls into several strange errors as
follows:
The Chief was ordered by the Com.
mlssioners to tdrn over the ~prisoners
II he had refused to do so he would
not only have made himself liable TO
dismissal, but would also have been ar.
rested for contempt in not recognizing
Inc warrant whereas, be did turn them
over, and was declared 10 contemut Of
The Recorders Court and fined 500.
AS Chief Athy had not possession or
of the prisoners, they being in
The hands of a State officer on warrants,
bad only to make return of such
acts on the warrant, so that ESQUIRE
could know that former war
ant had been issued, and that therefore
had no Jurisdiction. Certainly, Jus.
ice Spelmau would not have been
OF the illegal and silly act Of
lining for contempt an officer who made
correct return on the warrant; and
most certainly the Police Commissioners
you'd not have 30 grossly erred as to
Chief Atby from the force for
Iolng his duty legally and refusing to
commit an illegal act. We have too
ugh a respect for Justice spelmau and
he Police Commissioners to believe for
"A Instant that they would commit 40
,rest q wrong or so plain an error.
When Chief Athy took forcible pcs.
ession Of the prisoners, we'll knowing
hat constable Garyey held them on
'%arrants, Recorder Duff properly i'm.
u 6ne upon Chief Athy for the
contempt OF court committed by
i'm, aud so the matter stands at present
nth bad feelings all around.
WHAT SHOULD BE DONE.
Il should be settled, fnally. what nou.