The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1896-04-05
sAcARD TO THE PUBLIC.
mr, Il. n. Pitt's Reply! 10 the Letter OF
MIR. r. NJ. Baum.
NOrfolk. Na Anril 4 1S

that It may be read. The first half of
i iYe n article written by MIR. Baum is who'll
impression It seeks to convey
nr Ahter citing the statute. Sec. 1858. which
| etc. from receiving fees Of office. where
s smey are already In receipt OF the $500
salary provided by the section, and which
az az one period of my office was allowed
70 me. he then quotes the order of the
S SsEs whao S9urt allowing me fees. and
M Baum did knew find hs Kind Of LAM
the the fees OF n Constable are defined and
ssSSn nt h by Sec. 1881 OF the Code. and
the fees by the section providing for the
S gaaacr n Now l submit to the fair-minded
70 create the impression that 1 was re-
eeivins both fees and salary?
,r ana yet MIR. Baum knew that was not
| after January /, 1893, as practically ap-
pears by the tabulated statement in his
the month OF January. 1893.
BE- cast upon me is false; and that Mr.
baum knew 1t to be SO when writing his
letter. If he did not know. 1t was be-
cause lie made his insnuation reckless
Court show every allowance OF salary
tnat was made to me. None was ever
made for services rendered after January
Mr.. Baum himself quotes the law al
lowing fees, after having, in u sort Of
where 1t was to be found. lie also adj
mits that It is optional with the Consta-
ole and other officers named whether to
pensation. In this he is right / pre-
sumo the alternative provision for II sal
Towns where the fees would not amount
70! 70 enough to attract man capable of
flling the respective positions
! exercised the right common TO every
oilicer IN like position. TO charge the fees
instead OF the salary. and in the asser-
the Judge of the Corporation Court and
by, the Auditor of Public Accounts
"a All this Mr.. Baum knew, and in fair
the impression that was receiving both
fees and salary. lie must have known
He seeks; however, knowing the weak
ness ness OF this insinuation., which never
rises TO the dignity of II charge to COM
pam OF ME for serving warrants of ar
rest upon persons detained I'm the sta
ton ton house and visiting their cells for
that purpose. 1t is fact that ! or my
pose.
In what respect was this wrong?
In the first place, no warrant was ever
served that had not been signed by the
Police Justice or other proper. authori-
uties had refused to act under such u
warrant, Mr.. Baum knows we'll that
the result 1It would have been fine and re-
warrant.
But in some way 1t seems TO MIR. Baum
that no warrants should ever have been
issued: he seems to forget that the de-
tention In the station-house of persons
charged with violating the law is only
intended TO he temporary and ceases
when when the regular Stat. authorities be-
How should this investigation begin?
Certainly with warrant. Nothing Is
better known as Il matter of law than
that no officer has u right 10 make an
arrest without warrant. except for fell
onies. breaches Of the peace or such mis-
dcmeanors as cannot he stopped or r..-
dressed, ia Ia,
The officer who goes beyond these linn
rs in the making of an arrest, becomes
civll or criminal prosecution, or both:
while If lie is slain in the attempt 10
MAKE me unrest his death can be punish
the pcnitentiary for live years al the
highest, ana one year. ut the lowest
would more often he exercised in tn,
absolute acuuittal OF the citizen who was
protecting his person from lawless VIC
But MIR. Baum seems to think tha,
, Wnen man Is once lodged in the po-
complete and lawful. On the contrary. n
policeman Is bound to procure a war
RANT, except as abo'e stated, despite his
We have had some comparatively re.
cent experiences In the matter of police.
against warrant Of law. The s,,it 'G 81,
| Capt. Nellines is fresh within the n,,b
lie memory II grew OUT OF an arrest
1
TO the law, aud verdict for 81 900 was
rendered by ury against two persons
who. In their official capacity. had di.
rected the arrest To he made
IN another instance. more recent. Pat
rick Booker was arrested and LODGED
IN the station house He sem Tnr
Magistratrs who, in entire conformity
to law, allowed bail for his appearance
at the proper place ana time. Which WAY
Huiy given In spite of this the officer
IN charge OF the station-housc refused tn
release him. and in the suit which FIJI
lowed Tor unlawful imprisonment, tried
. 70 ueiend himself by saying that he
i, was advised so to act by MIR. Baum NJ
ifaum, in Il very manly way adrnittei
mat he had so advised but the Cont ANA
Jury did not agrc" with him i'm his view.
on me law, and the plaintim obtained n
verdict, which. SO far. is about ali ths
redress afforded him ' '''e
submit that III view of these -.
cent occurrences, the power of tha c,a
tion-honse authorities 10 substitute ,hcir
~ formed formed brute force for legal arrest
| IT the need for Il warrant was go,
douDttiil, 1t certainly must have become
, plain beyond question when the uownr
OF Justices was enlarged from the duty
afhxing punishment in All cases ~; i''a
certain grade brought before them ;rba
accused III such cases has no power 70
choose another tribunal: all that he can
ment. suppose the case of n party sim
ply transferred from the sta,in,, ;, I'LL n,iIi
| where he had been kept under comm.
ment, where. equally without warrant
ne Is tried ana convicted i'm what wn,
could his appeal 10 the Corporation Comr,
he made intcligiblc when i'm thn 80
ceedings below there was nokhinr 70
show of what offense he was charyeG
and found guilty? Can Il warrant in si,ch
case be dispensed with?
/