The herald., 1898-09-24
RIGHTS OF CITIZENS
LEGAL TALENT DEFENDS TIE
DETECTIVES
no REMEDY IS PROPOSED
The Desk Clerk of the Police Station
Clothed With Magistrates
Powers

The police commission met yesterday
afternoon at o'clock to consider the
small book" system as practiced in the
police department and the attendant
abuses growing out of 1t. All commission
ers were present and every daily newspa-
per in the city was represented. Chief
Glass sprang a surprise by coming to the
session accompanied by the full detective
force and Edwin A. Meserve, as his attor-
ney. The chief seemed to think that the
complaints made were leveled at him per-
sonally and not at the Small book sys-
tenn"
After Mayor Snyder had called the COM
mission to order. the presence of Mr.. Mes
erve was speedily accounted for. He was
introduced by Chief Glass as his attorney,
and then Mr.. Meserve asked that the in
vestigation be confined to specific cases,
the witnesses sworn, etc. In other words,
he. on behalf of Chief Glass. proposed the
investigation should be conducted upon the
assumption that charges had been pre-
ferred against the chief while the news
paper men expected that the nvestga ton
would be merely n thorough go.ng-over of
the Small book system" in general way,
and We're. consequently, prepared for moth
Ing else, being without legal advice and
having summoned no witnesses to support
their claim that the police were violating
the law In enforcing n system which per-
Nitted the arrest and Incarceration of a
prisoner for days before he or she was
charged with n crime.
The newspaper men accepted the situa-
ton, however, without murmur and the
Investigation proceeded.
Chief Glass apparently wasted a fee in
employing an attorney, as Commissioner
T. f. Gibbon most ably conducted his case
from the board. and Mayor Snyder, under
the rules. allowed Mr.. Meserve but one
speech.
1t took some time to start the investiga-
tion. The array of legal talent rather nom
plussed the reporters and they hesitated
about opening up fight upon a matter
IN which they had all along been handi-
capped by authority. This reluctance was
due to the statement of Mr.. Meserve made
in the outset. that he wanted every single
case presented In writing" under the rules
of the department.
Mayor Snyder called Mr.. Meserve's at
tention to the fact that no charges had
been preferred against Chief Glass or any
other officer. 1t was an investigation of
the system as practiced by the police I'M
der the rules of the department. and wheth-
err those rules had been carried out: wheth-
err the rules needed amendment, or wheth-
err the system in use required correction.
The other commissioners and the news
paper men shared Mayor Snyder's views,
but Mr.. Meserve again said that 1t was his
understanding that specific cases were to
be investigated. He denied that there had
been any abuses of persons, the law or
the rules by the police, and wanted specific
instances cited.
Commissioner Gibbon replied that the
commission was charged equally with the
chief In the criticism of the "small book
SYSTEM" since they (the commissioners
were responsible for allowing the practice
II don't know that the commission has
been criticised in this matter" said Mes
erve.
"Oh, haven't they?" answered Mayor
Snyder and Mr. Gibbon in breath. IT
only wish they hadn't" added the mayor.
"Well. supposed" replied Meserve.
THAT this matter referred only to the chief
and those under him.
well. that includes the commission"
said a bystander.
IT shall object to an open. general
charge" said Meserve. ''If this investiga-
ton Is to be considered properly, the
charges should be put in writing"
"But, Mr.. Meserve." insisted Mayor
Snyder, there Is no charge made against
my one. The charge IL against the sys-
tenn the small book system If you please.
Chief Glass is not charged with anything.
II he were. we would be charged"
Direct Charges
W. G. Taylor Of the Evening Express
then made statement of certain cases
within his knowledge, in which persons ar
rested were confined in the city Jail for
from three to six days without having been
properly charged. Taylor called attention
10 the section of the penal code regarding
arrests. citing the provision which says,
IN effect, that any person arrested must
be taken before the nearest magistrate
without unnecessary delay and there be
charged with the crime for which the ar
rest was made.
Commissioner Gibbon at once went to the |
defense Of the department. He commended
hat the words In the penal code, with
out unnecessary delay left 1t discretion
ary with the detectives as to when they |
should make charges against prisoner |
Some times 1t might be three days, some |
times six days, before a prisoner could be |
properly charged. and Mr.. Gibbon held that |
The detectives had a right to hold a pris- |
,ner without having sworn to a complaint |
for the time necessary, in their opinion, to |
gather sufficient evidence
The words unnecessary delay he |
claimed. applied differently in every case. |
ffe urged that there was no rule estab-
ished in any police department in the
world which forbade the use of the small |
book In registering prisoners. and read the
rules adopted by the New York department
IN 1896 and the Cincinnati department in |
he same year. to support his position Tn
'ome cases It might be necessary to hold
l prisoner a week in investigating the
rhine before making charge. This, Mr.. |
sibbon. claimed, was in the interest Of |
ustice and for the protection Of the peo-
Die. He contended that no case had been
where 1t had been shown that
prisoner had been deprived Of his legal
lights. namely. that Of sending for an at
orney He then went on, under his in
expectation Of rule IS Of the police depart
nent, to clothe the clerk at the desk in the
'olice station with the powers of q COM