Smyrna times., 1895-11-06
AUTHORITY. AND RESPECT THEREFORE.

The shooting of Howard Richardson
by Constable GoldsbOrough, the latter
having complaint lodged against him
before Esquire Cooper, i'll Dover, for
assault with intent to kill'' resulted
in a speedy discharge of the officer.
In his decision Esquire Cooper said,
''when a peace officer has man under
arrest for felony and he attempts to
escape, the officer may kill him to re-
tain him if he cannot recapture him
otherwise"
The statement is further made that
Attorney General Nicholson furnished
the magistrate with the law regulating
the status of an officer to his prisoner
furnishing him the book, page, &c.
According to this rendering there was
nothing to do but to discharge the con-
Stable, as he could not be held for
violation of the law that he was execut-
ing in harmony with its own provis-
ions.
The character of a man under arrest
has much to do with the method Of
procedure: in this case it was motor
iously bad, for Richardson was q men,
ace if not a terror to the community,
and he evidently thought the officer
limits, so circumscribed indeed that he
had no authority beyond the length of
his arm When a prisoner arrested
under the charge of felony attempts to
escape, and does get beyond his reach,
he has the authority by law, as inter
Preted at Dover, to bring him to Il halt
with a bullet, the prisoner taking all
the risk of his life. The law, however,
does not contemplate that an officer
will act lashly or hold life as thing of
Indifference, and when this is made to
appear, the law will naturally hold him
amenable.
There may have been a vague or I'M
certain impression about the limitation
Of an officers authority, but with the
expOunders of the law it seems to be
plain enough. B. V. Weldon says that
when he was first appointed constable,
some twenty years ago, he ran across
Chief Justice Comegys one day and
asked him particularly as to his duties
and responsibilities with an escaping
prisoner, first telling him that he had
heen made constable, and wanted to
know his duty in such a case. The
Judge told him that if he had prisoner
ia his custody and he should break
away and would not stop at the COM
mand, then shoot. But suppose, con-
tinued Mr.. Weldon, he won't stop
unless l hit him. In that case, said
the Judge, kill him, if necessary TO Sc
cure your prisoner. Mr.. Weldon never
just took the Chief Justice at his word
Tor he was apprehensive that he might
be eXaggerating official authority, but
the position has been backed up in the
case above by the law from the hands
Of the Attorney-General.
In a Republican form Of government
where law emanates from the people,
the authority Of the officer in the exc
cutiOn Of the laV must rise above com
mon exigences or trivialities, albeit he
must be iudicioue ao1 NOT exceed the
spirit and i.t su that forms
1he basis OF nIa operations
1t was apparent to observant minds
that there is not the same respect for
official authority In this as in the pre-
ceeding generations. The school
teacher used to enforce his authority
cOrpOrally when unruly boys needed i
to bring them into submission (and
they often did and was not held sub
1eet to a suit for assault for this any
more than others for furnishing an inn
pudent and illmannered boy for offenses
on the street. There is manifest dis
respect for authority and age in the
rising generation that would be well to
be corrected for the public good, and
when 1t shall become instilled in the
public mind, there will be many less
fragrant abuses.