The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-04-24
THE oUrLAwRY~ OF THE POLICE


the constitution. In these instruments
of the peoples will the most scrupulous
regard for the liv S. liberties and proper
ties OF men is evidenced.
Those fundamental legal rights that are
really preservative of all the other rights.
the right of the writ of habeas corpus. OF
trial by jury and OF bail except when ac-
cused of capital crimes, are jealously
guarded. 1t was the intent and pur-
pose of the men who drafted the federal
constitution, framed the state constitu-
tions and enacted the criminal and penal
codes and statutes of the union that no
man SHOULD be placed under arrest and
detention except for a specific cause,
promptly charged against him, that when
arrested he should enjoy speedy trial or
examination, and that pending this lat
ter, he should be given facility for prepar-
ing defense, and when the offense be of
bailable character. for furnishing bail.
A glance at the interior of the Los An
prison books in conjunction with an in
vestigation of the procedure of the city
police, would indicate that Los Angeles is
not in the American republic at all, but
that it is one OF the cities of a country
governed by despotic czar or an ire
sponsible dictator. in which the rights
lafo rofa 10 would ho rorei1orad in
solent interference with the rulers pre-
negatives.
The map is right The condition of the
city prison and the methods of the
police are wrong. In Sundays issue of
The Herald the details of the arrest and
detention OF one Foy upon the mere
suspicion of being implicated in bunco
game were given. He was arrested with
out warrant and detained several days
id the city Jail without any charge being
placed against him. When at last he COM
municated with and secured a lawyer,
an effort was very properly made by his
attorney to secure his release on writ OF
habeas corpus on the gronud that not
being charged with any crime, the i'm
prisoned man was unlawfully restrained
of his liberty. Then the police placed a
nominal charge of yagrancy against the
man. Section 1886 of the penal code re-
cites in effect, in detailing the powers of
peace officer to arrest person, that,
such an officer may arrest with or with
out warrant for public offense com
mitted or attempted in his presence; when
person has committed a felony
out of his presence; when a felony has
been committed and the person ar
rested is reasonably suspected of hav.
ing committed it, and at night
when there is reasonable cause to believe
the party arrested has committed fell
ony. 1t is further recited in the code
that when person is arrested without a
warrant, the accused must without un-
necessary delay be taken before the near.
est magistrate and the information stat
ing the charge laid before that official
LIE bIcut ulciib VI ellC man IOy III uO way
accords with the provisions of the code
1t is directly at variance with it.. Fo,
was arrested without warrant; he wa
suspected only of being involved in
crime; he was not taken Immediately be
fore a magistrate. as the code required
and which means the next day. but wa
| in ha cfi1a fhaS &c I,,o ~
esy called a prison, foul of atmospher,
and reeking with vermin, while the am bi
tious officers raked the town for the fain
outlines of crime, and only when it wa
evident he would assert his rights did tn
police place charge against him; ant
that charge was OF som ething for VIII icl
he had not been apprehended. and coul'
hardly be accused of the day it was fled
Now. we do not know Mr.. Foy, and hav
no interest in his particular case excep
that which every citizen should have il
upholding the legal rights of every othe
citizen. We select his case as typical.
is illustrative of the means adopted b,
the police department for years. w
know of other larties vino have gon
through the same process. We know O
men of good reputation who hav
been arrested on suspicion. con
fined in Jail for several days. denie
every opportunity OF communicable
with friends, family or attorneys, an
only released OF publicly charged whe
the Jealous officials of the force bccam
good and ready. And when at last thes
victims of official tyranny and lawlessnes
were acquitted of the charge agains
them. they were permitted to 90 with tn
smiling assurance of the force" that th
latter is sorry, but it had done its best
to convict The people who have had t
do with the police department know thi
to be true. And the police department
know it to be wrong and illegal 1t is
part of the government with certai
specified, and not unlimited, powers. !
is just as unlawful for them to depriy
men of their legal rights as it is for on
man to take another's property. And j
/ = G~-s% 1lw