Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1876-12-20
SPECIAL C~ONSTABLES.

DL LNAAu OONC4 ADAiHJe
WHO and what They Are ana what
T0eir Legal status Is I'm Ton
nessee.
In Memphis, as in other cities, there
are scores Of men who make a living by
acting as special constables for magis-
who execute writs when the regu.
lar constable is absent, and who also
execute doubtful Writs which the regular
constable, who is a bonded officer, would
be afraid to execute on account Of some
inlormslity in tie issuance of the writs,
orSome other suspicious thing connected
with them. Many special eonstables will
serve any kiRd Of a writ without regard
ing the formality or legality Of its issu-
aues. They have nothing to lose ard
have everything to gain in the way OF
costs. Il is true that we have a number
OF good men who act as special consta-
blss, mea who would do nothing wrong;
but it is also true that we
have another class who, to make a
dollar or two, will do almost anything 10
thu wayof violating law while serving a
process. The regular conststles who
are elected in each civil district Of the
county are bonded officers, and they of
oourss object to magistrates deputizinr
special constables to serve writs, but
special co~nstsbles get up business for
magistrates, They hear of rows, and
they solicit business by offering legal
advice. When they bring the client
into court, il looks like justice to give
them the job Of serving the writs. The
man WAC brings fsh to market is entitled
to the proceeds Of the sale. In Nash
vile the same trouble has been 10 exist.
ence, and recently in that city a case
whercia g special constable figured was
decided, and the Law as 10 deputizing
men TO serve wri.s was clearly laid down.
The Deputy Constable was arrested on
the charge Of assuming official character.
aud serving a search warrant, and taking
upon himself the power to act as an off.
Ger, because be held a commission from
the Mayor Of Nashville to act as a " pri.
vate detective" The Court goes on to
say:
But it ia insisted that if defendant i
sssailable be still had the right to &C,
anyhow By virtue Of 3 special deputatiou
from the magistrates.
If he had such sdeputation, and it wal
legally made, be would be protected By
il. We will therefore examine the Do
fense 10 see !. Il be valid. Formerly
By statue, a justice could depatize any
person in writing. not a party to tho
suit, and Of full age, to perform enJ
particular duty deYolying upon a consta
bic il no constable YES ct hsnd and "a,
business urgent" The Legislature see
ing the great abuses add improper ule
often made OF this law, saw proper O
Rnsnd it, and did 80 by the adoption O.
gu5-sesdsn il48 q, Of the Code, wbiel
provides that = justice msy Ia writing
specially depgte any DISCREET person 3
foil age, not q party to the suit, to per
form eny particular duty deVolying b.
Law upon a a~5nE,srig, il 20 constable ]
ct hand and the business urgent, bat no
. unless n Of the parties TO the suit, o
their attorney, shall frst make oath, an
ale the came In writing, that 10 th
best Of their information no Fegula
officer is at hand, and the business !
urgent" The person 90 deputiged !
vested for the occasion with all the powe
Of a constable, and subject to the sam
obligations and penalties.
Is the deputstion Of the justice mad
and offered as defense 10 this oass 4
compliance with this statute Of the code
/ 1t so, it is good aud valid.
The paper purporting TO be q deputt
ton Is a separate paper, not attached i
any way to the process, nor in any wa
referring 10 the same. No affidavit /
writing, as required hy the code, wa
!, made aud fled with the paper; nor
? there any special depuiation attached |
|, or written upon either one Of the wa
rants.
| AS tar as the cou-t can know from Ii
paper offered as a d~epulation, Il can o.
> ely to any other case as we'll ss the on
iof which Il IS alleged 10 have been II
tended think that where the statuI
preseribes a particular mode Of procee
ing 10 any matter, il (the statute) mu
90 substantially complied With; II ne
the proceeding is void.
" am unable to sec any similarity B
ct tween the paper offered as a defense ~
sush a paper az the Law requires 10 ooI
Ter power to act as a constable; nor
there anything in the testimony or ups
a the face Of tho paper to show that Il VI
It. not made after the return OF he process
"A am therefore compelled. Nv a ssn
Of duty under the law and Evidence,
pronounce the defendant guilty, and ho
e. A'm to answer before tho Criminal Coul