New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-03-02
VIEW ORLEANS REPUBLICAN,, THURSDAY.

A Question Of Jurisd1ctien-The Police
versus the Nlagistratc.
Attorney General Field has addressed the
following communication to Judge Adams,
of the First Municipal Police Court, IN
answer to certain interrogatories pro-
pounded to him by ths magistrate. 1t is
hoped this will settle the vexed question Of
rival jurisdiction:
STATE OF LOUISIANA
Attorney Generals Office, J
New orleans, March J. 1876.
SIR-YOur letter of date February 26,
submitting for my opinion certain ques-
tions pertaining to your power as judge OF
the First Municipal Court of the CITY OF
New Orleans. has been received. You in
quire-
Judge of the municipal court begin in case
Of arrest by police officers without war
rants!
In answer. from the moment of arrest.
When the officer, in accordance with law,
makes the arrest of q person committing or
attempting to commit violation of State
law or a municipal ordinance, it requires iu-
dicial action to release the offender. The
municipal Judge may, however, by general
| orders, instruct police officers and menu ers
to release prisoners in certain cases, with
OUT DrluElUS LucIu UC1OAO LIS OouAo, " "AA
| dergO an examination.
Second-"Is not the release Of a prisoner
| brought to q police station, and against
| whom charge has been entered on the
books, tho exercise of judicial function.
| which is solely vested in judicial ot1icer!'
Section 2275 requires the officer or mem
Der making the arrest, ''under the penalty
| of ten days fine, or dismissal from the
| force, in the discretion of the board, to
1 ~, hotOr0 a
court of the city or parish where the arrest
| is made. that he may be dealt with accord
| ing to law. 1t the arrest is made during
| the hours that the court does not hold ltf
| regular session, or it the court 10 not IN
session, such offenders shall be detained in
| stationhouse or lookup until tbs next reg
ular public sitting of tho magistrate, and
no longer, when he shall be then conveyed
| without delay to be dealt with according rt
law" 1t is plain from the section thai
your question must be answered in the af
tirmatlve. 1t is only when the officer de
tanning the prisoner has in violation OF hi
duiy neglected to convey him before thu
court at its next regular session that he II
released by virtue OF the law.
Third-''Can the police assume any sucl
functiOns!'
such functions. They can only obey thu
orders of the court concerning the cas-
after the arrest has been made.
Fourth-"Has any civil district cour
jurisdiction Of such mattersl"
Ianswer that no civil district court has an.
Jurisdiction of criminal cases. They ar
vested with power to issue the writ OF habea
corpus, and to determine the question
whether a prisoner is legally detained, es
cept in so far as the matters you allude t
may be q suhject of inquiry; in proceeding
of that nature, those courts are withou
power therein.
Fifth-Does not the act No. l24 of 1877
creating the Superior Criminal Court for tn
parish of Orleans, invest that court wit
exclusive jurisdiction in such cases!
The Superior Criminal Court ia
erclusire jurisdiction of ''all 0tfense
by and against officers of the Stat
and municipal officers as SUCH" Whe
any police officer or member
} charged with lnalfeasance in office, or Q
any other statutory Otiense committe
in his capacity as such officer or membe
the Superior Criminal Court has e1clusi'
: cognizance Of the charge.
Very respectfully your Obedient servan
A. P. FIELD. Attorney General.
To Hon. Luc en- Adams, Judge Of First Municip
Count, parish of Orleans.