Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-04-19
POWERS OF U. 5. MlRsHALs.

quent upon The arrest without a
warrant Of Thomas i. Helm, by
officers at Pleasant View, Weber
County, has caused sonie dispute as
TO the powers Of United States Mar
shals and their depudes. II is
claimed HAT the Edmunds-Tucker
Act Of 1857 endowed them with en-
larged powers. This is true, but it is
necessary 10 understsnd both the
scope and the limit Of those powers.
lin order to judge correctly as 10 the
subject in consideration. That Act
provides as follows:
Sec. S. That the marshal of said
Territory OF Utah, and his deputies
shall possess and may exercise AL the
powers in executing the law OF the
United States or Of said Territory pos
sessed and exercised by sherifs. con
stables, and their deputies as peace
officers and each OF them shall cause
all offenders against the law in his
view. to enter into recognizznee TO
keep the peaee and TO appear ii the
next term Of the eonrt having jurisdic-
ton Of the case. and to commit TO jail
in case Of faiinre TO give such recognize
ance. They shall quell and suppress
assaults and batteries, riots, roufs,
afrays and instructions.
This simply extends to these Fed
eral Oflieer= the same powers as may
be exercised 10y local peace officers,
in executing the laws Of the United
States or the Territory. defenders
in his view" means persons who in
the view or sight or presence OF the
officer commit an oiIense against tie
law. In such case the Marshal or
his deputy may arrest the lawless
person without a warrant. The
meaning OF the term Sin his vieE'
is established. It dos not signify
''in his opinion" or in his BELIEF
or anything Of this character, rs
some persons have supposed. Simp-
sons Law Glossary defines the
word ..view" as siguifyirg sight, "
s'iuspectiou,' etc. The phrase in
the section quoted above simply
means that the officer Iusy arrest
an oaenier whom he witnesses in
the act OF causing a breach of the
peace.
To cause such offenders to enter
into recegnizance to keep the peace |
does not authorize a marshal or his 1
deputy to assume the functions of n
Justice Of the Peace, but he must
cause the offender to go before the
proper functionary and enter into
such recognIzance or TO put him in
Jail If he will not comply.
When n warrant has been issued
for an alleged ohense the officer
must serve that warrant as provided
by law. Bishop, on Criminal Pro
csdure, says: !
n
ony, none OF these officers IsherifTs,
conssables. conservators Of the peacel
can make TN arrest without a war
rant" Vol. !, see. lGl.
THE like rule applies also in one
respect in all other misderneanors,
namely, that private person and
the same is true Of an officer acting
withou. warrant, cannot make the
arrest Tor a misdemeanor committed
on an occasion already passed" Sec.
IS7.
wharton's Criminal Procedure
says: 49,
At is misdemeanor at common
law for public officer, in the exercise
or.unler color Of exercising the duties
Of his Office, to abuse any Discretionary
power with which ne is invested by
law, from an improper motive. In
such cases the existence OF such mo- !
tive may be inferred either from the !
nature Of the act or from eircunl- :
stances Of the whole case" Sec.
1872.
The officers Of the law must lie
projected in the legitimate discharge
Of their duties. But they must lie
careful to keep within the limits Of
their authority. They should have
produced the warrant for the arrest
OF 1fr. Helm. The death of his
wife consequent upon the violence {
used 10 compel him 10 go with the
officers without service Of a warrant, |
lays them liable TO the consequences I
Of their unlawful act. :
1t is wrong to resist an officer in {
the lawful discharge ofhis duty. II !
is not wrong to make resistance
when the officer is acting unlaw- q
fully. q
The same recognized legal author
ity, Wharton, says:
The right OF resistance 10 Illegal
official action, i. must be remembered.
IS essential, not merely TO all free gov
srnment, but TO any government what c
soeYer. The Roman law has been
,harged with being despoiic, but by b
he Roman law this right is repeatedly c
md unreservedly recognized" a
The duties OF U. $. Marshals and s
heir deputies are well defined, and
We have always advised respectful
'ecognition Of their legitimate
authority. But we areT not to be
brought into serfIom by officers !
who exceed their powers because i
hey are clothed with Federal pow il
II. When they break the law they p
re criminals, just as much rs other s.
should be made amen !,
bile to the law. !
1t is not the duty OF such officers r,
o become spies and spoilers or to Of
.ssume the functions Of public pro- = {,
ecutors. Those who take the ground Il
bat these are within the scope OF W
heir official authority are mistaken. ii
hey are executive officers and ~
houli arrest accused persons on a =,
duly issued and when a f.
'iolation OF law occurs within their "
lew 6 theirsight, their coguizance, ~
ley may arrest the offender without ~
warrant. m
Let no officer be resisted in the re
iyful discharge Of his duty; let no OF
ificer transcend his powers, even n
urged beyond their legitimate o,