The herald., 1896-01-21

are by no means limited to the ones
reported in the public press. In fact
it is safe to say that the public knows
nothing Of the majority of them.
There is practically no recourse for the
victims, and ss rule the latter prefer
to preserve silence regarding their ex-
psriences rather than achieve the I'M
pleasant publicity that would result
from complaint.
Now then, in acting thus the police
department is not only exceeding most
wildly its authority, but it is also dis
tinctly violating laws statutory and
constitutional. The police department
is not part of the municipal govern
ernmsnt, with unlimited powers. Like
every other department, its powers are
limited and specified. 1t does not ovn
the city and the people thereof, and it
cannot legally do all that it rleases.
Section S36 of the penal code recites
in effect, in detailing the powers of
peace officer to arrest q person, that,
such an officer may arrest with or
without warrant for public offsuse
committed or attempted in his pres
ence; when person has committed
felony out of his presence; when
a felony has been committed and
the person arrested is reasonably sus-
pected of having committed it, and at
night when there is reasonable cause
to believe the party arrested has COM
mitted felony. 1t is further recited
in the code that when person is ar
rested without warrant, the accused
must without unnecessary delay be
taken before the nearest magistrate
and the information stating the charge
laid before that official.
The treatment of the people referred
to has not been in accordance with the
requirements OF the code. They were
arrested without warrants; they were
only suspected of crime, or, as in the
case of Compton, of being witnesses;
they we're not taken Immediately be-
fore magistrate as the code provides,
and only as a last resort have charges
been made against them, and then
often of something of which they were
obviously not guilty, the charge appar-
emily being made only for the purpose
of still holding them. Section S25 of
the penal code provides that party ar
rested for any crime must be taken with
out delay before magistrate and also
provides for the right of the prisoner
to consult counsel. The police have
violated this section with impunity.
Article 6 of the United States consti-
tuition asserts that any one accused of
crime shall be informed of the nature
and cause of the accusation and have
the assistance of counsel. Locking a
man up without stating or recording
charge and denying communication
with counsel is not in harmony with
this part of the federal constitution.
Both state and federal constitutions
assert that no person shall be deprived
Of life, liberty or property without
''due process of law" When a man is
arrested and imprisoned without war
rant or recorded charge he is most GER
tainly deprived of his liberty without
"due process of law"
As the police department of this city
is above and beyond laws and consti-
tutions, The HERALD and the people
will have nothing more to say, but if,
as seems more likely, the department
is subject to the law, statutory and
constitutional, it should be brought to
a realization of its proper place and
the police commission shoul d do the
bringing.