Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-01-23
THE CRIMINAL LAWS.
CHANGES IN DIRECTION or M
PnovEmExr AND ECONOMY.
EIGHT BILLS TO ACCOMPLISH THIS.
Mr.. Mcnwaine's Measures, Making
Some Radical Chnnxes-They Anect
Magistrates, Police Justices, PeIice-
men. sergeants, ana Constabiess


Probably the most comprehensive steps
towards Improvement OF tho criminal
laws and reducing the expenses OF State
government in this particular yet taken
In the present Legislature are the bills
offered by Senator w. Il. Mcllwaine, OF
Petersburg.
These are eight in number, and are
aimed to amend many sections OF the
Code. chiefly those referring to the law
of the trial OF crimes and m!sdemeanor~
The bills are known as Senate bills Nos.
257, 25s. 25s 2s0. 26i. 2e2 and 2cs.
FEES TO OFFICERS.
The first bill is to amend and rc-enact
section 1888 OF the Code relating to al
lowances to officers in criminal cases In
lieu OF fees. This section Is as follows,
the law being changed so as to make II
apply to policeman as an officer VINO
shall not receive fee, and the law IL
further changed to allow the salary OF
sergeants to be increased:
mo justice. constable. sergeant, OF po-
lIceman. who receives a salary OF al
lowance for general services out OF the
treasury OF his county. city, or corpora
tion. shall receive any fees for services
in a criminal case. but the judge OF any
city or corporation court may make an
allowance not exceeding <zVo a year ="
the sergeant in lieu OF all fees TOT serv-
ing criminal process or any kihu' wiz"
allowance shall be paid out OF the Tfea-
sury."
THE following is added TO this section;
"Vvhen the population OF the city ex-
ceeds 1900, the judge may Increase sucn
allowance $fO0 for every additional wv"
inhabitants or fractional part Thereon IN
excess of 5000"
POWERS OF POLlCEMEN.
The second bill refers to the pewers OK
noIicemen. and regarding which Mr.. NC
Ilwaine made an interesting statement
10 the Dispatch reporter to the erect 'nae
there was no law upon the statute DOCKS
and. so far as he knew, no town or city
ordinance in the State giving authority
NJ anv character 70 policemen except 10
orrest for violations of law when COM
mittad under their eyes. The Code -
silent on the subject, and ordinances do
not confer the authority that In daily ex-
ercised. The proposed law reads, IN part.
The officers and privates constituting
the police force OF the cities and towns
no and they are hereby. invested Win
oil the nov. er and authority which now
belong 10 the office OF constable at COM
mon law in taking cognizance OK ana In
enforcing the criminal laws OF the sa'u
Commonwealth. and the ordinances ana
regulations OF the city or town. reapec-
lively. for which they are appointed or
elected. and II shall be the duty or eacn
and every of such policeman 70 use niS
best endeavors to prevent the comm's-
sion. within the said city or town. OK
offences against tha laws OF eala Noin-
monxvealth and against the ordinances
and regulations or SAID Guy OF 'o"n' W
observe and enforce all such laws. ordi-
uances. and regulations. TO detect ana
arrest offenders against the same. to
nreserve the good order Of the said city
or town. and To secure the inhabitants
thereof from violence and the property
therein from injury.
3 Such pollceman shall have no power
| or authority I'm civil matters, Dut ne
| shall. in all other cases, execute sucn
| warrant or summons as may De piaceo
| I'm his hands by any justice or the peace
| for said city or town, and shall make
| due return thereon.
3. Such policeman shall not receive any
| fee or other compensation for any SER
| this act other than the salary paid MN
| bv the said city or town; nor shall he re-
| ceive n Zee as witness I'm any case
| arising under the criminal laws or the
| said Commonwealth. or under the oroi-
| nances or regulations OF the said city or
| town.
Bill No. 25s amends the law relating TO
search warrants. by the addition OF this
| clause: provided. that I'm any city or
town in which there is police justice or
mayor, who possess the jurisdiction ana
| exercise the powers OF justice OF the
peace In criminal matters, no such war
rant shall be issued by any other justice,
unless such police justice or mayor Is abb
sent from his corporation; or. in his judg-
ment. is too unwell. or 80 situated as 10
render II improper for him to act
POLICE JUSTICES MUST ACT.
| RIu No 259 amends sections 1855 and
1866 OF the Code In relation TO persons
charged with crime by adding the fol-
1 lowing provisions: provided, that IN
cities and towns I'm which there is
police Justice or mayor, who possess tho
| jurisdiction and exercise the powers OF a
| Justice OF the peace in criminal matters.
| no such process shall be issued py any
other Justice. unless such police justice
or nnavor is absent from his corporation,
or In his jdgment, is too unwell. or so
situated as 10 render IL improper Tor MIN
70 act"
II is also provided that police officers
shall serve such warrants which they aro
not now empowered TO do.
PROFANITY AND DRUNKENNESS.
The next bill amends section 1ss OF tho
Code. prohibiting profanity ana drunKeh-
ness. The present law reads: III any
person. arrived at the age OF discretion,
profanely curse or swear. or get drunk'
me shall be fined by justice 81 for eaen
| offence"
Nr. McIIwalne says II is very general
custom for police justices 20 nne, OF at-
teunt To fine. prisoners under the state
iau FOR this offence. and often multi
plicitv OF charges accompanies the hrst'
causing great expense II not sustained
He has. therefore. added tho provision;
"Rut nothing herein contained shau hp-
plv 10 any city or town having police
regulations on this subject"
CONSTRUED AS JUSTICES.
Bill No. 2si simply provides the words
Justice and justice OF the peace. whether
used In the singular or plural. shall IN
chde anv officer or officers who SHAH
possess the jurisdiction. and exercise the
powers. and authority OF justice OF the
peace IN criminal matters
BIN No. 262 amends sections 400. etc.
~ chapter 20f Of the Code In several teen
ricai particulars. and adds tbs impor-
tant provlsion: I'm every case OF acqnit-
tal bv a Justice, if he believe the charge
was made without probable cause he
shall render Judgment for the costs
| against tho prosecutor