Los Angeles daily herald., 1889-01-17
POLICE POWERS.
Judge Noonan, Of st. Louis,
Defines Them.
CAN THEY BREAK DOWN DOORS
The Judge Holds They Are Restricted
in Making Raids Through Such
Barred distractions.

The powers OF police form one of the
moot questions in the present mode of
municipal government under the Ameri.
can system. The powers of police officers
and the powers of municipal governments
in formulating and enforcing police regu-
lations are matters not at all well de-
fined.
The decision of Judge Tuley, of Chi
cago, in the Anarchists cases is greatly
commented on just now. Some time
ago a case was tried before Judge
Noonan, of st. Louis, and the decision
was published in the Republic of that
city, which called forth much discussion.
The case was based on the following
facts:
Detectives broke into poker room and
arrested q party of gamblers who were
found there. The detectives then re-
turned and again they found that another
game was going on. They broke in that
door and took the whole party to the
Four Courts in the patrol wagon. A
prosecution to test the right of detective
to break into the room without warrant
was begun.
Judge Noonan instructed the jury that,
under the law, the detectives had no
right to break down the door unless they
had warrants for the arrest of persons
within, and that. they had no such
warrants, as warrants are never sworn
out when raids are made. The jury re-
turned sealed verdict yesterday morn
ing. They found the detectives guilty of
malicious trespass and they we're fined
$50 each. The attorney for the defend
ants moved for new trial. The result
of the trial is, Of course, rebuke to the
officers for raiding the place, and virtu-
ally declares that raids are unlawful
because they are made without warrant
of law. This is the second time that the
police authorities have been worsted in a
tilt with the gamblers. On previous
occasion there was raid and the tables
and furniture of the rooms were taken to
the Four Courts and held. The owners
replevined it In Justices Court, and
the Police Commissioners had not only
to surrender the property. but to pay the
costs OF court also.
This decision practically annuls all
gambling laws. No one will swear out q
warrant to arrest men engaged in
gambling, and even if person could be
found to swear out the warrant, the fact
of such paper being issued would give
notice to those interested, and when the
raid was made the place would be found
barren as last years birds nest. The
Vice-President of the St. Louis Police
Board is Of this opinion. In an inter.
view with Republic reporter this official
said:
"Of course, with such a ruling as
Judge Noonan made in this case that it
would be unlawful to break into a
gambling house without awarrant,
means that gambling will go on.
It takes from two to twelve
hours to get a warrant when you
have the information and the
witnesses to swear to it. OF course the
Board will do whatever it can to keep
gam mbling down, but if we can't raid the
houses don't see how we can do it. We
will wait for the appeal, however, and
see what the Court of Appeals will say"
Another member of the Police Board
said:
81 haven't seen any members of the
board on the subject, bnt if the Court
maintains that it is unlawful to raid a
gambling house without warrant, then
an officer who attempts to force his way
in is forcing entrance to mans house,
and you know what mans house is.
We would not send our men to such
places when they were taking chances of
being shot, and when the keeper of the
gambling house had a right to shoot
them."
'sCan gambling be stopped in any
other way than by raiding?"
''No, do not believe it can; unless
you can surprise the gamblers and catch
them before they have had chance to
get out of the way there is no way to con-
vict them. We had trouble with this
same house once before, and the tables
were replevined. Suit was brought for
them in Justices Court, and we had to
give them up and pay tie costs. l am
anxious to see what the outcome of this
case will be, because want to know
whether the law is going to prevent us
from suppressing gambling. If we have
to surrender the property we capture,
give it back to them and pay the costs,
and have also to stop raiding, we will
have to be content with doing the best
we can"
The Chief of Police of st. Louis thinks
differently. The reporter had this inter-
view with that official:
"If the raiding as at present conducted
is stopped will it not be impossible to
stop gambling"
''No, this will not necessarily permit
gambling to run. There are other ways
Of getting at it. There is always more
than one way to get at anything"
II suppose the other way you have in
mind is by the spy system, sending men
in citizens clothes to play in these
games? Is not this matter slow and in.
etfective?"
eyes, it is slow, and not SO effective
as raiding, but can be done if necessary"
Another member of the Police Board
said:
''City Counsellor Bell is by law made
made our legal adviser, and l suppose
we will be governed by his opinion.
However, do not care to discuss any
matter on which will be called to act
officially. have not seen the instruc-
tions given by Judge Noonan in the case,
but if they are as l am told 1 suppose
they are based on the presumption
that only q misdemeanor was 60
ing on inside the room and not o
felony. As 1 understand the law
an officer has right to break into any
place if he has reason to believe that
felony is going on inside. For instance,
if an officer was told that murder was
going on in house he could break in
and stop it if the door was not opened
for him Immediately. Keeping gam
bling-house is a felony, but gambling