The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-05-26
NEW ORLEANS, MAY &c, 1873.
WHAT ARE THE POLICE FOR?

force TO tine Guy aulibEllleS ""7 "o'o ~
Legislature, 1t was oonscientiously opposed
nv many persons who held that at the hfSt
election after the new arrangement Went INTO
s,pe,,atiNn the police would be used, gerry
Wandered and stocked with bummeiS in the
Interest of local politicians 1t begins to look
very much as If the prediction Is TO be, IL IL
has not already been, verified. there is no
sensible man who does not understand that
there Is a scramble amongst the politicians at
the City Hall rather to use the police organl-
vation to advance personal aspirations than
to render 1t thorough protection TO the lives
and property of the people. This is dis
graceful and STIMULATING fact, and calls for
the condemnation of all persons who have the
interests of the city at heart.
This is broader question, however, than
we propose to discuss at present. Our purpose
inst now Is to call attention to disgrace
ful case of INSTRUMENTATION and disregard OF
duty on the part of high official OF the po-
lice. encouraged we have no doubt, by that
conflict Of authority amongst the public
officials which has enervated the discipline
Of the force and enfeebled the authority OF the
chief. .n.5... -
It il now.a4raatter of public notoriety that
JAS B. Kelly, captain of the Third Police
Precinct, the other day applied to the Judge
Of the SUPERIOR Criminal Court to issue
writ of certiorari' to prevent the Recorder of
the Second District from proceeding further
In certain cases in his court. This writ was
obtained by Kelly In the interest OF the Lou
isana Lottery Company, and for the purpose
of preventing the Recorder from releasing
two citizens of Louisiana who had been
arrested under an unconstitutional and arbi-
trary statute This was certainly scan
dalo,,s transaction on the part OF police
officer. The Lottery Company was alone In
terested in the illegal detention and punish
ment Of these citizens. The people, whom
it is the solemn duty of Kelly to protect had
nm adverse interest. The Recorder had re-
fused to convict the parties under act
No. Q, and 1t was the duty of the
policeman to sustain the. authority of the
court, and to use what power he possessed to
enforce its decision and protect and defend
the personal liberty Of the men who had been
pronounced innocent of the offense charged.
He seems however, to have regarded his
obligations to the Lottery Company as more
sacred and more binding, as they were prob
ably more profitable, than his duty to the
mblic. Hence, he went before the Superior
Criminal Court and obtained this writ And
what for? To protect the personal liberty OF
citizens against arbitrary and unconstitu-
tional laws? No. But to prevent judicial
officer from doing that very thing; to prevent
n court from shielding the personal rights OF
citizens and liberating them from illegal
arrest.
Certainly this was bad enough. Certainly
this was disgraceful enough. Certainly this
ought to have. been sufficient cause for
the prompt dismissal of this unfaith-
full servant, not only from his high
official position, but from an organization
he has diseraeed by his behavior.
But Kelly went even further. Recorder
Miltenberger released the parties whom he
had acquitted. before the writ of certi0rdr'
was issued a.fSttt the captain of the Third Po-
lice Precinct determined to maintain the pre-
tentions of ths.Ixottery Company against the
people, the lawssand thejudiciary and hepro-
ceeded to prosecute or persecute even the Re
corder. In ACCORDANCE with this scheme he
filed an information against Recorder Miten-
berger for contempt of the Superior Criminal
Court, and Monday morning that official will
be arraigned before Judge Whitaker on a
charge of contempt, In that, in the conscien-
tious discharge o. his solemn duty he released
from arbitrary and illegal arrest two citizens
of the State of Louisiana.
1t is certainly startling condition of affairs
when a captain of the police, instead OF pro-
tecting the lives, liberties and properties OF
the people. neglects, in the most open and
jIagrant manner those duties, and becomes
the informer, agent and henchman OF the Lot
terry Company, and in its interest does all that
lies in his power to interrupt the course
of Justice when it conflicts with the interests
of that monopoly; attempts to enforce the
punishment of innocent men, and dareS even
to prosecute and have arraigned as criminals
those members Of the judiciary who are doing
their duty to the public
The excuse of Kelly, that he is attempting
to obtain a high judicial pronouncement upon
act No. 9 to guide him in making arrests, Is
as contemplate as it is false. Ii he had any
doubts as to his duty, he should have asked
for instructions from the chief OF police, and
ba would certainly have obtained them. He
could incur no responsibility in making ar
rests under this statute that any man OF COM
mon sense and ordinary manhood would hest
tate to incur. He had, it is true, no right to
assume the functions Of a spy OF the Lottery
Company, and arrest parties under act No. 8
after he had entrapped them into selling him
and others lottery tickets. But 1t was doubt,
less his duty to arrest all parties against
whom atfidavits were made. He had no right
to Judge of the constitutionality OF the law,
and. therefore, no right to institute extraor-
binary and improper proceedings to have it
determined. The question of the constitu-
tionality of a law is question for the courts
to decide upon, not for policeman Y stay
the course of justice to find out. He no
interest therefore, In prosecuting thesecases
for the PURPOSE, as he says, of having the
legality of act No. determined
We have dwelt at some length upon thi7
hat ba nuhlip inter-