The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-12-20
THE NEW ORLEANS DEMOCRAT THURSDAY DECEMBER 90 1877

IL Il purposely allowed 10 remain imperative,
thus encouraging aud inviting infraotions.
.. The complaint OF sergeant Ryan, that Judge
smith would not allow two officers, who arrested
4 naval iieserter from the Oanonicus, to return
| him to his ship and claim the reward, is strange
and anomalous for non commissioned officer
commanding precinct TO make. The duty Oh
collecting fines Is one falling to the jurisdiction
OF the Judge and bis court officers, as prisoners
once lodged in the lookup pses beyond the con.
troll OF the arresting officers and are In charge OF
the court sDd its officers alone. This case seems
10 present no difference In lite treatment, In this
eapec from al lother cases. but the chief gist OF
the complaint seems to lie In the fact that Judge
| Smith did not vary the rule in this regard in
order TO relieve two police officers from the duty
Of guarding the peace and property OF the CITY
for which they are paid, in order that they might
collect reward from the United States which
they were especially forbidden by rule 148 Of the
rules for the government OF the Crescent City
police, from receiving or collecting without per
mission Of the board: and II IL further provided,
10 these Words THAT il shall be cause OF re-
moval from the force for any member thereof TO
receive any such reward, or present, without Civ.
ing notice thereof TO the board through the Chief"
Itsrgues badly for the discipline Of the police
service that sergeant commanding precinct
should be so grossly ignorant Of the regulation
OF the force, or go unmindful OF hs duties. as TO
complain that two of his men were not allowed
by an especial departure from the ordinary rou.
tine, and the connivsnoe OF a judge. to commit
"
when his only course should have been under
the circumstances to prefer charges against any
member OF the force receiving such reward.
4. In regard to the release of Henry Andry,
alias b. Koontz, charged with being drunk. dis
orderly and using obscene language, your COM
mittee found there being no record OF evidence
kept, that by the oral testimony a1duced the
charge was only maintained BY the officer making
the affidavit, while 1t was directly disproved by
The testimony Of two respectable Witnesses; that
while II was true, the officer after hearing the
evidence for the defense requested q continuance
Of the case to procure other testimony, 1t was
also true that the Judge decided, having gone TO
trial, closed the testimony for the prosecution
and heard the witnesses for the defense, it was
too late TO aak q continuance TO procure other
testimony Your committee are OF opinion
that the decision OF the magistrate was
in accordance with law, and IL there be blame 10
with the officer who proceeds With his case with
out having his witnesses present, or otherwise
negleets the proper presentation ut his case
Your committee are aware that the recent organ
isation Of The force, and the nswness of many of
the officers aud men 70 their duties
may be the cause Of this and similar
omissions: but IL 10 to be hoped that closer
attention to the requirements OK the service,
more diligent study Of the regulations OF the
force, q devotion to discipline, and studious
avoidance OF cayiling at and attempting to dic.
tate to the magistrates In the discharge OF their
judicial duties, may in time work the desired
change In our present police force which, tbs but
fair to state has In its short existence 30 far
oeled The old force, which go long oppressed and
tyranpizsd over the citizens.
In conclusion your Committee would state that
30 far a. the retention Of fines was concerned, by
Jadge 3. j. N. Smith, 1t is their opinion that it
proceeded from an ill-advised view of his rights
IL the premises, which WAS promptly corrected;
and In 30 far az the case of obstruction to pave
ments and the two complaints of Sergeant Ryan,
we fail TO find anything to reprebend, but on the
contrary, believe the complaints TO be without
proper foundation, and that the action Of Judge
3. j. NJ Smith was well considered, proper and In
accordance with law and the rules OF practice.
Your committee therefore believe and recon-
mend that he be exonerated from censure in the
matter, aud that this committee be discharged
from further consideration thereof.
New Orleans, December II, 1877.
OHAS. OAVANAO,
Administrator Of Commerce.
ROBT. d. DIAMOND,
Administrator Of Police.