The herald., 1897-09-22
Officers May Not Force
Entrance
UNLESS THERE is A FIGHT
APPLICATION FOR THE REOPEN
ING OF THE FOUR HUNDRED
Chinese Register Kick Against the
Police-Central Park Preachers
Complained Of

The regular meeting of the board Of
police commissioners was held yester-
day and as was expected corsidera-
BILE amount of special business engaged
the attention of the members. Perhaps
the most important matter to the police
department which was considered was
the opinion of the city attorney in the
matter of the duties and rights of
police officer in cases of disorder in q
house the doors of which are locked and
admittance to which is denied him. This
opinion was the result of one of the
many complaints which have been filed
against the notorious -Four Hundred"
saloon, at the southeast corner of Fourth
and Main streets. 1t will be remember
ed that Officer C. l.. Johnson failed TO
enter the place when he was ''sa atisfed'
the law was being violated, as
the doors were locked. AS he did
not know whether he had authority 10
break into the saloon he did not do so.
and was. afterward censured by the
commissioners for his non-action. The
question as to what an officer had
right to do under those circumstances
was raised then by Commissioner Glib
bon, and the matter was referred to the
city attorney with request that he fur
nish an opinion on the subject. This
opinion was filed yesterday and is as
follows;
THE OPINION
Replying to your request that l fur
nish you with an opinion as to the ex-
tent to which an officer may go to secure
an entrance to building within which
he is satisfied, or has good reason to be-
lieve, the law is being violated, sub
nit the following: Section S44 Of the
penal code provides as follows: To make
an arrest private person, il the offense
be felony, and in all cases peace Of
ficer, may break open the door or wiz
dow of house in which the person to
be arrested is, or in which they have rea-
ponable grounds for believing him to be,
after having demanded admittance and
explained the purpose for which admit
tance is desired.
believe this section refers more par
ticularly to cases in which an offense
has already been committed, and that
an officer would not be justified in fore
Ing an entrance in the night time to
make an arrest of person charged win
committing a misdemeanor unless arm
ed with a warrant having endorsed
thereon a direction that the same might
be served in the night time; but if there
be an affray in a house and manslaugh-
ter or bloodshed is likely to ensue, a
peace officer, after demanding entrance
and being refused, and the affray con-
tinuing, may break open the doors tc
keep the peace. If there be disorderly
drinking or noise in house at an un-
reasonable or prohibited hour of the
night, especially in. inns, taverns or ale
houses, the officer demanding entrance
and being refused may break open the
doors to see and suppress the disorder.
1t will be the duty of the officer in all
such cases to first demand admittance
and explain the purpose for which ad-
mittance is demanded. He would not be
justified in forcing an entrance upon
the mere suspicion that misdemeanor
is being committed and must be sat
isf1ed of that fact or otherwise he forces
such entrance at his peril.
The Importance Of this opinion to every
officer on the, force was realized by the
board and Chief Glass was instructed
to see to 1t that the document was read
before ali of them and that they fully
understood it. In future they are to be
Instructed to act in accordance with it.
REES BOBs UP AGAIN
L. Rees, the proprietor of the -Four
Hundred saloon, whose license was re-
voked two weeks ago on account of the
n iestt t1a at
genera, doubtful reputation, made
final appeal to the commissioners TO re-
consider their action. He did not desire
to have his license extended beyond
reasonable time that would allow him
to sell his stock and fixtures, but he
thought that he should have at least
three months in which to sell out Ac-
companying his petition was letter in
which he charged that the evidence upon
which the board had acted was false and
that it was the result of spite against
him. He also presented letter from
Mr.. Munger, who is NOW in Chicago, and
who was said to have been beaten and
robbed in that place, which stated that
he had not been assaulted there, but that
the treatment accorded him had been all
that he could have hoped for and he had
had no trouble. The petition did Rees
no good, for the board ordered 1t filed
and instructed the clerk to return the
letters to him.
e. Maxwell presented an application
Tor license to conduct a saloon business
at Rees' stand ard requested that the
matter be referred to the chief of police,
to report at the next meeting, as he was
desirous of beginning business as soon
as possible. This was done. the rule al
lowing the chief one week in which to
Investigate being suspended.
LICENSE TRANSFERS
The applica tion of Charles s. Smith
for transfer Of the license of Smith g.
Hoeppner to himself. he having pur-
chased the interests Of his partner. was
referred to the chief. Similar action was
taken on the application of Robert Mos
bacher for a license at 153 North Main
street The application Of A. c. Vignes
for appointment as a policeman was
Med. In the matter of the application Of
Charles Merry for a transfer of the
license of Il. 3. agard to himself. action
WAS deferred one week. His saloon is
at 364 South Spring street. and it was this
place that the commissioners visited
last week for the purpose of examining
the little rooms in the rear of the place.
Qnless those rooms are removed the ap-