The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1878-09-23

/ vides that it shall be the duty OF the Chief
i OF Police - = !. .sto glue In formation
and prosecute forthe violation OF the laws
/ of the State and ordinances OF the city con-
concerning any matter OF police regulation,
land by all legal means to endeavor 10 en-
i force tho same.' The ordinance
provides for the appointment Of officers and
policemen and their compensation, and sec
tion o. provides that 'fno officer appointed
to any office under this ordinance shall re-
ceive from the city for services as such,
or anv other office any other compensation
!! than is herein mentioned, and every police
man shall upon oath account for and
PAY OVER DAILY
to the officer under whose command he IS
at the time all costs that he may receive
and all sumS he may be entitled to as
informer. with all money to which the city
NAV be entitcd'; "and no mem
ber of the police force shall receive gra-
tuity from any person whatever: but be
may receive any reward which may be ad-
yertised for the apprehension OF criminals,
or which may be offered by the Executive
OF the State or by the municipal authorities
OF the city, The first section OF the 'Ruies
and Regulations for the Government OF the
Police" provides that "eacii member OF
the police force shall devote his choLe time
and attention 10 the business Of the police
department., and although certain hours are
allotted to the respective members ior the
ordinary performance OF duty, be must at
all times be prepared to act Immediately on
notice that his services are rcquired.' The
most effectual way OF preventing the
commission OF offences" is by Furnishing
the offenders. This can only be done
through the courts. which are appointed
for that purpose. Policemen are the aids
of the courts, and, as before stated, it is
THEIR DUTY
to attend the courts, as officers of the law,
to give that information to the courts which
they are paid to obtain, in order that the
courts can determine what punishment shall
be meted out to the offender for the crime
committed by him. and which frequently
can only be obtained from that source. 1T
is the duty of the Chief OF Police to "give
information and prosecute Tor the violation
of tie laws" And he can only Go this with
efficiency through his subordinatcs, whose
"wholc time and attention to the police de-
pa:t:rent" is paid for and claimed by the
city. And it is equally clear that under the
other sections quoted the ordinances OF the
city prevent policemen from receiving any
CONDENSATION for their services other than
that paid them by the city, '!and any re-
ward which may be advertised for the ap-
prehcnsion OF criminals, or which may be
Offer cd by the Executive OF the State or by
the municipal authorities or tue city, L
agree fully. then. with the position taken
bv the respondent in his answer, that when
Il policeman attends the Police Court III
consequence Of arrests or reports made by
him he does so because OF lis office or CHI
ploymcnt as policeman, and for that and
all other police services rendered by him he
receives regular salary and compensation
from the city,; and | think, therefore.
that he was right in refusing the certificate
asked for Dv the reator for fees for his SER
vices in the case set forth by him in his Pc
! tition. This much for the right OF the re-
lator; and now wore. AS 10 the remedy by
which he seeks to enforce that right.
Judge BurkS, speaking for the whole
Court of Appeals OF Virginia il P0Je Us.
Ctopt0n, Judge, supra, says:
"TnE OFFICE OF TIE WRIT OF MANDAMUS
lis to compel corporations, inferior courts,
and officers, TO perform some partcu-
lar duty incumbent upon them, and which
is Imperative in its nature, and to the
performance Of which the relator has 4
clear tegal right, without any other aSc-
quate legal remedy to enforce it. The
remedy is extraordinary, and il the right
is doubtfuL or the duty discretionary, or
there be any other adequate specific legal
remedy in use, this writ will not be al
lowed" and Judge Christian, speaking for
the whole court in 1'ucr, Sergeant. dc. IS.
| TGyLor. Audit0r, de-, 20ih Grattan. IGG,
says to the same effect, "'rhe writ OF man
dlmus, known in England as high pre-
rogatiyc writ, is justly regarded in this
country as OF the highest writ> known to
our system OF jurisprudence; and it only
issues where there Is Il clear and specific legal
right 10 he enforced, Or duty which ought
to be and can be performed. and where
there is no other specific and adequate legal
remedy. The right which it is sought to
protect must therefore be clearly cstaD-
lished. and the writ is never granted iii
doubtful cases" See also Highs ENtraortli-
nary Legal Remedies, S 7. Q, 80, and cases
there cited. Lord Mansfield said the writ
"was introduced to prevent Il failure OF
Justice and defect OF police. .'-9iN Us.
Barker, Burr 1867.
Certainly, ii the relator has any right in
the case, it is not 4" clear legal right,' and ii
there IS any duty imposed upon the respon-
dent to issue to him the certificate asked for,
it is very " doubtful" one, and not "lni-
-peratire in its nature" and therefore upon
these authorities the writ OF ntAnian2us
"wil not lie allowed"
AS TO TIE OTHER CAUSES
assigned in the answer, they were merely
used Grgaendo, and while they are certainly
persuasive Of the conclusions here reached
they will not be further noticed.
Upon the whole, then, l am OF the opin-
| ion to discharge the rule awarded against
the respondent and to dismiss the REALTORS
petition with costs.
have been referred to no authority
bearing upon the precise and main poin!
involved in this controversy, and after the
most diligent search that could make since
this case was argued before ne three days
ago, I have been unable to find any, and as
the case is one of importance and OF first
impression, as far as am advised, hope ii
will be taken to higher court.
PERsoNAL.-The Hon. Morton B. Howell,
OF Nashville, is in the city. He has entered
daughter at the Richmond Female 1nsti.
tute; the session Of which commences tn
der favorable auspices to- day.
Mr.. George D. Wise, Commonwealth S
attorney OF the Hastings Court, has re-
turned from his visit to California.
Rev. r. G. Jones'. D. D., OF Nashville,
Tenn, formerly president OF Richmond
College, was in the city on Saturday.
Among the visitors to the Tobacco En-
change Saturday were E. w. Hughes,
Owenton. Ky; 4. A. Biddle, Philadelphia; !;
E. L. Balm and L. Roper, Petersburg; r..
J. Mcclure, Atlanta; T. G. Evans, North
Hnuchins, Fluvanna; &. G. Holland, DAN
/ ,,;l1o. ,o1 uuntoop6 phiIo1alph