The herald., 1898-09-25
not think of arguing against such we'll

quoted principle.
Lecompte Davis-A person arrested by
an officer or private citizen, charged
with an onense, must be taken at once
before the nearest or most accessible
magistrate, there informed against and
Informed of his legal rights. The mat
ter has BEEN passed upon SO often by
the courts that I cannot conceive how
any lawyer at all versed in the law
could contend otherwise. The books are
full Of DECISIONS and any one can easily
satisfy himself in few hours. AS show
In how jealously the courts regard this
matter, the following decisions. quoted
in Lubbs vs. Turkey, so American Decis-
ions, 744, is a case in point: Where an
officer on Sunday arrests under warrant
which commands that the body Of the ac-
cused be brought before the police court,
the officer cannot, under the warrant,
justify his act in allowing the accused to
remain in Jail longer than Monday
morning."
Another decision, Cary VS.. The State,
rs Ala, 70, reads as follows: "A private
person who lawfully makes an arrest
has no right to detain the person arrest
ed in his custody for an entire day with
out delivering him to an officer or taking
him before magistrate; and 1t is no
excuse for his failure to do so that he
was engaged during the time examining
the prisoner, with a view to inducing
him to crinMnate others or himself in
the alleged offense."
The language of the code with refer
ence to taking prisoner without I'M
necessary delay before the nearest ac-
cessible magistrate" applies to an officer
as forcibly as to a private citizen, for
they are both mentioned in the same con-
nection In the Penal Code, sec. S49.
J. s. Chapman-No, sir, do not be-
Meve "unne cessary delay" in the stat
utes means that (referring to the Sec
ond question:. The police have no right
to hold man without complaint while
the are hunting up evidence. If they
haven't any evidence, they haven't any
business to arrest him. OF course. it is
matter OF great. convenience to the
peace officers, but it is a question in
my mind II that convenience justifies
the inconvenience Of the persons who
are thrown into Jail without doing any
thing. I certainly am Of the opinion
that a person arrested should be taken
before the nearest magistrate imme-
diately.
Judge Mckinley Gin reply to the ques-
ton II the police are permitted to hold
a man without complaint while evil
d,ence is bzeing prepared)-Oh, that's
absurd, of course. unnecessary de-
lay" means as soon as possible without
inconvenience. 1t merely refers to such
exigencies as the sickness Of the mag
istrate or such accidents. The, police
have no right to arrest a man II they
don't know enough about his case to
swear to a complaint. think any per-
son should be brought before magis'
trate immediately after his arrest.
District Attorney Donnell-"UnDeces-
sary delay" means that literally the pc.
lice should mot detain man without
filing a charge against him. He should
be taken at once before a magistrate
| I can conceive of cases where a Sigh
delay is inevitable, pending the arriva
of evidence from other places, but in M
| case should such a delay exceed twenty
four hours.
| Charles F. Mcfarland (ex-c1ty attor-
ney)-My construction Of that section OF
the code would be that the prisoner
should be brought before the magistrate
the next time the latter II on the bench
] and some charge b. nlsd againne ham II