Evening star., 1899-02-07
Status of Special Officers at Railway
Crossings.
THEY LACK POWER TO MAKE ARRESTS
Opinion Of Attorney Thomas Sub
mitted to Commissioners.
THE LAW TO BE AMENDED

The attorney for the District today rem
dered an opinion to the effect that the spe-
cial policemen appointed by the District
Commissioners for duty at street railway
crossings are not police officers, but merely
watchmen, without authority to make
rests.
l.. B. AbernGthy, a special officer appoint
ed for duty at street railway crossings,
last December arrested one Kraft, an al
legged deserter from the army. The officer
requested Lieut.. Haynes of the 4th Artil
lery, the officer having charge of the mat
ter, to allow him the sum of So the GUS
tomary amount paid for the apprehension
of a deserter from the army. Lieut..
Haynes, expressing some doubt as to
whether Officer Alternately was entitled, un-
der the law, to the reward, referred the
matter to the District Commissioners. They
referred the question to Chief Sylvester of
the police department, who, in a report to
the Commissioners, also expressed himself
as being doubtful of the special officers
right to the reward. After quoting the law
relative to regular members of the police
force and that relating TO special officers
for duty at street railway crossings, Chief
Sylvester said:
In fact, the law is of such a nature as, L
fear. if this character of officer. the special
street railway crossing policeman, exercises
in any respect the prerogativeS of the met
ropolitan police officer, he will lay the Com
misSioners and the street railway compa-
nies liable to action for damages. The only
solution of the question. in my opinion, is
for the street railway companies to make
application to the Commissioners to have
these men appointed, at their own expense,
as additional DriVateS' for duty at the
railway street crossings, and that commits
siOns be issued TO them as such. linen
these men Will have all the powers and
authority of the regular metropolitan pO-
lice officers, and Will be legally placed un-
der the superintendent of police OF course,
the decision of the court will confine their
powers and authority, as policemen to
such street crossings as they may be as
signed to-
Attorneys Opinion.
The question was next referred by the
Commissioners to their attorney. In his
opinion. after explaining that the special
officers at street railway crossings We're ap-
pointed under the provisions of section 3
of the act to define the rights of the pur-
chasers of the Belt railway, approved June
n 1898 the expense of such service to be
paid pro rata by the respective railway
companies. the attorney says that the posi-
ton of police officer is unknown to the
common law. 1t is Il creature of statute,
he states, and such an officer can exercise
only such powers as he is authorized To do
lively.
The status of special policemen sta
toned at street railway crossings he con-
tinues. ''is somewhat anomalous. They are
not members of the metropolitan police
force. nor additional privates under section
% of the Revised Statutes Of the District
Of Columbia. nor special privates under
section 3IS of said statutes. The act of
June 24 1898. does not confer upon special
policemen stationed at railway crossings
police powers. as do sections $40 and $40 of
the Revised Statutes of the District upon
additional privates and special priVates
therein provided for
The special policemen al railway cross
ines are not police officers, but mere watch
men. without authority to make arrests.
Their duty would seem to be to protect life
and limb at railway crossings. and to in
form against railway companies whose
cars fail to stop before passing over rail-
way crossings or intersections.
An arrest can only be made by an officer
without warrant when a criminal offense
has in fact been committed or attempted
in his presence or when he has reasonable
ground for believing that the person to be
arrested has committed an offense. y pri-
yate individual may make an arrest for
criminal offeHse committed or attempted in
his presence. My opinion is Mr.. Abernathy
had no power to arrest Kraft. He was not
police officer, and as private individual
he did not sea the offense committed
Amendment Proposed.
In view OF their attorney opinion, the
| Commissioners have requested that the
| clause in the pending District appropriation
| bill relating to special policemen at street
| railway crossings be amended by the addi-
! tion of the following:
! And the special policemen above provid-
| ed for. and the special policemen authoriz d
| by the Commissioners to be stationed at
| the street railway crossings and intersec-
| tions III the city of Washington, shall dur
| ing the term of their appointment. possess
| such powers of the metropolitan police
! force Of the District of Columbia as may
| be prescribed by the Commissioners of the
| District Of Columbia