Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1876-02-18
A QUESTION OF AUTHORITY
Can the state Take "a Prisoner from the
City Authorities Before ne has
Satisfied his Condemnation
for rhine.
4 Doctrine that wOuId Make Memphis
city of Refuge for Migrants,
TRSabOuds, Outeasfs and
Criminals.


by order OF the mayor, the police sasll
not deliver psTsOn whs has been ar
rested by them on a charge # violating
a. ordinance of the city, II a sher fl OF
constable who has q warrant for the ar
rest Of the same person on a change OF
crime, etc, under the laws of the state
1t is understood that the position taken
by the mayor is that the arrest by O
policeman not only gives to the re,
corder Of the city exclusive Jurisdiction
over the party arrested for violation II
ordinances, but also of the State Ia Ts,
And fu the, that the fine imposed for
cff-nses against the city laws must be
satisfied befCr5 The s at officer can take
the prisoner ulder q warrant sworn out
bsfoIe a justice OF the pesce. If this
position be true why .sh 1uld it not hold
good agains; a cGrias issued from the
criminal court based upon en iDdict.
meut for crime? Suppose 8 man was to
Commit murder 10 Collierville, in This
couL ty, and make his escsps to
this CITY, ADD while here gel
drunk and Lec0me d sorderly and
the police should arrest him
on the charge Of drunk and disorderly,
and while he was in the stati0DhOuse
the officer Of the State, who holds war.
rant issued by a justice Of tue peace al
Coli rville, against the same party on
the Charge of murder, should make his
appearance at the ststiOnhOu;e and de-
mand the prisoner on the warrant. His
demand is refused, and the man is tried
the next day by the recorder and fuel
twenty.fiv dollars for violation o: city
ordinance and don't pay the fine. He
will be placed upon the chain-gaug to
work out the city fiue before the State
authorities can get possession of him.
Every one knows how eCsy it is for 8
prisoner to escape from the chsin-gsng
while working in the open streets. But
it is claimed that he can be taken away
from the city authorities by the officer OF
the State upOn o writ Of h06ed8 corpus.
Let us look into this, and sec what steps
must be taken to obtain this writ. SCme
person must, under cath, file his petit
ton with judge Of C. urt of record,
and state in the petition that the ptlson-
er is illegally restrained OF his liberty
by the person or persons who
have Lion in custody, and
to obtain an order from the Judge re-
leasing him, proof must be made 10 sat
isty the judge that the statement made
in the petition is true. Now, 1 ask,
could any honest man make oath to
such petition, and make proof that he
is Illegally held, when the proceedings
under the city ordinances were regular ?
When the governor of another State
makes a requisition upon the govern Or
OF Tennessee for a parson charged with
crime in that other State, the governor OF
Tennessee will direct that the man be de-
livered up to the agent sent from the her
State to receive him, unless the same
person is in the Gus ody Of the law here
charged with crime committed against
the laws of Tennessee. Then, in that
event, the governor of Tennessee will
not deliver him up. 1t must be upon
this idea that the city authorities hold
thst city can hold q prisoner to fist
answer to the city. But the cases are
by no means analogous, for the corpora,
ton Of this city is he creation OF the
legislature of the State of Tennessee,
and it can nowhere be shown that the
corporation hes higher and paramount
authority over the State which created
it. If this new doctrine wss to obtain,
it would make Memphis a city Of
refuge 10 which every villain who com.
mits crime might flee, and get himself
ordinances of the city, and bids his
time for final escape while working out
his ttrm on the chaiLkeaug. While
serving their terms on the chsin-gang
prisoners are kept at night in the station
house, where it is not difficult for q bold
man, who knows that other punishment
awaits him, to make his escape. The
recorder il, &c OficiO, 3 justice OF the
U'hoT h. for OffonoHo
against the StSte are concerned, can do
nothing more than a justice of the peace
can do. What is the law of the Safe
which governs justices of the peace
in regard TO arrests for crime? Section
5000, Of the code, provides that infOr-
nation under oath must first be made
before a justice of the peace, and the in
formation or examination must be re-
duced to writing and signed by the per-
son making the oath. Section 502l Pre-
vides what the written information
shall contain in order to justify the JUS
tics of the peace in issuing warrant.
Section 5022 is "a follows: "If the
magistrate is satisfied therefrom (the
SWORD statemenO that the offsnse COM
planned OF has been committed, and
there is reasonable ground to believe the
N- AChthfhhb GAOACNiY LAC oftSltt
issue q lUdTTGnt Of GrTestn
Look now st the form of warrant pre-
scribed by the State law for the justice
Of the peace to follow. 1t is found in
section 5025 of the code, and is directed
to any lawful officer of the State, and
him Sin the name Of the
State, forthwith to arrest the defendant
and btiDg him bsfOTe me, or some other
Of said county, to answer The
When a person is brought be-
fore the recorder on a charge Of viola
ting 8 city ordinance, and the ploaf de-
velOpes the fact that the State law has
been violated, he cannot under the lG VS.
Of the ate try him at court Of in
luiry ss er O6iciO justice of the peace,
until, in common psrlance, a warrant
mas lem sworn out against the person.
Then it is the recorders duty TO Issue a
warrant OF arrest for the Offerse
against the State law.
He hands the warrant to a constable or
he sheriff to be executed II the man
g held by the police, under the present |
,rder of the chief of police the consta-
Die cannot execute the warrant because
he cannot get to him and take him. He
,au see him through the bars of the sta
ionhOu9e prison, and he can talk to him |
md tell him he has the warrant, but he |
,annot ObPy the command of the war |
ant and arrest the man. II is the case |
Dver again where the sheriff had cG-
mas for q man and found him in the |
mouth OF narrow cave, with q loaded |
shotgun in his hand and |
would not surrender, but told the eff |
er to stand off or he would shoot. |
The sheriff could not take him without |
Filling him, which the law would not /
Justify, and he c luid not truthfIlly make |
return that the defendant could not be |
ouud in his county. So, upon the suy-
estion OF the defendant, he made re-
urn that the defendant was "seeabIa
nd conversable, but not come-at able"
When the recorder, as ec 06iciO justice
I the peace, or any regular justice Of
he peace, issues warrant and places
in the hands OF an officer, command
1g him to bring the prisoner before him,
r some other justice OF the peace, the
or justice of the peace who ia
1es the warrant, has no longer any
over that warrant until it is re-
Irped befOre him. When the warrant
caches the hands of the officer he is
lasteT OF the document, and can make
Is return and take the prisoner before
)me other magistrate than the one who
sues it, il he go chooses to do, and /