The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1897-12-18

have committed it,: fourth--on Charge
made upon reasonable cause, of the
commission of a felony by the party
arrested; fifth-at night. when there is
reasonable cause to believe that he has
committed a felony.
Section go of the penal code reads as
follows: Every sheriff or other peace
officer who wilfully refuses to receive
or arrest any person charged with a
criminal offense. is punishable by
fine not exceeding FIVE thousand dol
lars, and imprisonment in the county
Jail not exceeding five years.
BY section 47S5 of the political code
the chief of police is given the same
powers as a constable in the discharge
of his duties except in the service of
some civil process. BY section 4a51 of
| the political code the following provis-
ions relating to the sheriff. found in
section 1881 of the same code. are made
| 10 apply to constables. namely: first
I preserve the peace: second-arrest and
take before the nearest magistrate, for
examination, all persons who attempt
to commit or have committed a public
offense: third-Prevent and suppress all
ARRAYS. breaches of the peace, riots and
| instructions which may come tn his
knowledge: fifth--command the aid of
as many male inhabitants Of his county
as he may think necessary in the eXecu-
| ton of these duties
Without discussing these provisions
| II will be seen at once that the chief
of police and policemen have the same
| powers and duties 10 enforce the state
| laws regarding crime as the sheriff and
| each in this respect is governed by the
| same general laws.
But if this were not enough and as
| If To confound the police, section 6 of
the gambling law mentions what Off
GERS shall enforce the law, and naming
other officers, il expressly provides that
1 every police officer must inform
against and make complaint and dill
! gently prosecute persons whom they
may be informed concerning or whom
| they have reasonable cause to believe
| offenders against the provisions of this
| act and each and every such officer
| refusing or neglecting to do so, is guilty
/ of n misdemeannr." and such violation,
refusal or neglect is made cause Of
| removal from office. In addition to
this, section makes ii the duty of the
police officers wen as other officers,
upon receiving information that any
| house or room is conducted as a place
| for any of the prohibited games. to
break into the house or ROOM with or
| without IA warrant, for the purpose of
arresting the offenders.
But in theory. and in practice it Is
peculiarly the duty of the police de-
partment of the city to look after the
enforcement of the state laws within
the city limits The officers connected
! with the sheriff's Office are not police
men in the ordinary sense of the term.
They are not patrohnen. The number
of deputies is limited. The civil duties
of the Office the service of summons.
writs of attachment. writs and other
like services, prevent them from acting
as detectives or performing the ordi-
nary police duties in criminal matters.
on the other hand. the city police have
little else to do than To prevent viola
tions of the law and to hunt down
criminals.
Is IL possible that the view which the
police authorities Of Butte seem to take
Of their duties, can account for that
common and notorious form of rob-
berry called grating so prevalent in
that city? However that may be. is II
not strange state Of affairs which
thus compels an explanation of the law
regarding the duties of the police?