Daily Republican., 1883-09-18
rUEsDAY, SEPTEMBER ls. 1858.
Openiug the Flood gates Of DisOr'
der.

Evening, after seeing the mischief that
has been done, should attempt to placate
that mischief by lesson to the rowdy
element, telling them what were their
duties when they become violators of
the law and in substance that they must
stand still and permit themselves to be
arrested without making any fuss about
it. If that paper succeeds in establish
ing a regular love for order and respect
for the law amongst that class it viii
have more influence than it usually gets
credit for. 1t is all well enough to
theorise upon this question of arrests,
and tell the public what should and
should not be done, but it is quite diff
ferent thing to carry it out in practice.
Nothing that can be said now by any
paper can counteract the mischievous
idea that has gone forth from the NUM-.
cipal Court that an officer cannot make
an arrest without warrant. This par
ticular idea the Every Evening has not
dwelt upon-not even alluded to. If
Mr.. f. Jennings Crute was guilty of
anything at all he was guilty of disor-
derly conduct, and this is one of the
which the police have always made
summary arrests without warrants, and
it is reasonable that the police should
have full authority for making arrests
in that manner in such cases. 1t is true
that Judge Cummins did not say in
words that officer Turner should have
first procured IA warrant Of arrest before
he arrested Mr.. Crute, but City Solicitor
Turner if he is reported correctly did
say 80, and Judge Cuumius by not cor
recting right then and there sanctioned
what he did say. Now let us look at
the arrest ?f Mr.. Crute in a rational
manner so far as it relates to the nom
issuance of a warrant. The charge
against him was for dsOrdery conduct
committed on the spot before the officers
eyes. He may have been guilty or not
tribunal before which he was after
wards tried, the tribunal in his case de-
cided that he was not guiity-but does
it not stand to reason that if officer Tur-
ner deemed him to be guilty of disor-
derly conduct it was Eis duty to arrest
him right then and there. Suppose Mr..
Crute to have been guilty of the charge,
what could officer Turner have done
more than " what he did do? The officer it
appears did tell him to 60 away or he
would be arrested, when Mr. Jennings
Il red him to make the arrest. Was that
the time for officer Turner to leave his
post of duty, and 90 in search Of the
City Solicitor and Judge Cummins to
get a warrant issued for the arrest of
Mr. Crute :,
The latter may have stood in his
place and patiently awaited the latter
day legal process Of arrest, because that
was what he and the paper he repre-
sented had for a long time been waiting,
hu In ninety-nine cases ont ofa hun.
dred, while the officer would be hunting
up warrant, the offender ould be far
enough beyond his reach. Mr.. Crure is
entitled to all the protection that the
law affords, but TO no more than any
other individual is entitled. Then it.
1"'lows that if his arrest upon a charge
o. disOrderly conduct without war
rant was illegal, the arrest of anv 0tlcr
person no matter how high or how low
IN social standing such person may be,
must also be illegal. There is no other
way of viewing the matter. Then AS
far as the Municipal Court is concerned
it is settled thai ali officer before he can
make an arrest o. d 4.a,i IL HHfan who
IL creating dlsturrauo- i a,i, I
4li-agI--I- o, +,o ..r.., nance n..,
procure warrant OF arrest, If an Otti
Ger should see man smashing the
lights out Of the street railway depot at
Front and Union streets, he must make
no arrest until he first walks a mile
and half to the City Hall, spends an
hour or more r"rhaps III hunting up
City Solicitor TTrner and Judge Cum
minis to get a warrant and having found
them and got his warrant he must
walk back the same mile and n half be-
fore he can arrest his window sluasher'
The offender would he there patiently
awaiting arrest, wouldn't he? Vet this
must be the practical working Of the
law according to the decision Of Solici
tor Turner which goes uncontradicted
by the court. 1t need not be at all sur
prising if rowdyism should increase
because no officer would be safe in max
ing an arrest without a warrant. The
Every.Evrning may congratulate itself
upon its little victory over officer Tur-
ner, but its victory has been gained by
an awful sacrifice Of the good order and
peace of the city. If the late decision
in regard to arrests is 10 become the uni.
form rule hereafter then there is no
more protection for our police and there
is "A virtual end TO peace and good or
der. The assertion Of the Every Even
ing thar the police will be protected by
the courts sounds like cruel joke
when compared with the late action OF
the Municipal Court. If tie flood gates
Of immortality and crime are hosted
and our city becomes inundated with
ilianrler and Nut ranns. iLn Munirinnl