Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-06-20
Attorney Duvall's Opinion Respecting
Status Of Special Police.
THOSEON DUTY At RAILWAY CROSSINGS
Vested With the Powers Conferred
Upon the Regulars.
L E X Z OF OPIN IO n

Mr.. A. B. Duvall tine attorney for the
District, today overruled an opinion of his
predecessor, Mr.. 5. T. Thomas in the mat
ter of street railway crossing policemen
the latter having held several months ago,
as was stated in The Star at the time,
that the special policemen appointed and
stationed by the District Commissioners
for duty at street railway crossings and in
tersections of the city are mere watchmen
and, therefore, not clothed with police pow
ers. Mr.. Duvall holds that Congress- by
the act of June "a, 1898, intended the Com
missioners to station policemen" at the
street railway crossings and intersections,
and that the men so stationed should pos
sess all the powers and privileges and per-
form all the duties of the police force.
After referring to the provisions of the act
of June "a, 1898, which provides among
other things, that the Commissioners of
the District of Columbia are hereby au-
thorized and required to station special
policemen at such street railway crossings
and intersections in the city of Washing
ton as the said Commissioners may deem
necessary, the expense of such service to
be paid pro rata by the respective compan-
les" MIR. Duvall says he is satisfied that
Congress intended to substantially protect
the life and limb of the public at railway
crossings by this authoriZat ton and require
ment. The provision being remedial in its
character, the attorney says. is to be given
the broadcast and most liberal interpreta
ton not necessarily incompatible with it's
expressed provisions, so as to accomplish
the beneficial object of it's enactment, and
protect the public against the ling dan
generous conditions al street railway cross
ings.
1T is plain" continues Mr. Duvall, that
mere watchmen at these crossings would
be entirely Intellectual, and hence it may
fairly be inferred that Congress could not
have intended these special policemen to
be mere Watchmen. Ii Congress had so
intended, it could have readily thus de-
nominated them. instead of denominating
them special policemen. Where an Of
flee is simply created by name, without
any definition of its power or duties, 1t
will be presumed that the intention was
that the office should be exercised as at
common law, and the common law and the
common-law incidents, powers and limi-
tations will attach to it (Meecham on
Public Officers, section JC2)
Sections $40 to $40, inclusive, of the Re-
vised Statutes relating to the District of
Colunl ia, provide for the appointment of
additional privaIes' and special privates
under the conditions therein specified, and
in the case of each it is declared that these
policeT en-, who are special policemen, shall
possess all the powers ard privileges and
perform all the duties of the police force.
After the act authorizing the appointment
of special policemen at street railway
crossings, by clause in the District ap-
preparation bill. approved March 3, 1899,
Congress authorized the Commissioners to
appoint other special policemen for duty
in connection with the property of or under
the control of any corporation or individ-
ual,' and, apparently intending that such
special policemen should not exercise the
powers of the police ger orally, the act ex-
pressly provides that they are for duty in
connection with the property etc, and are
to be subject to general regulations pre-
scribed By the Commissioners.
1T will be observed that while on the one
hand Congress does not define the powers
of special policemen at street railway
crossings neither on the other hand, does
it limit them. 1t cannot be that they are
deprived of the attributes of policemen be-
cause called special policemen. In my
opinion, Congress intended the Commission
ers to station policemen at the street rail-
way crossings, and that these men, so sta
toned, possess all the powers and priv
ileges and may perform all the duties of
the police force, and the major and super
intendent of police should be SO advised"
The opinion OF Mr.. Duvalrs predecessor
in the matter was never satisfactory to the
Commits sioners. and 1t is understood it was
never approved by them. They have ap-
proved the opinion rendered today by Mr.
Duvall to whom the question was referred
at the suggestion of Commissioner Wight,
as they very much desired that the special
policemen stationed at the street railway
crossings and intersections should possess
all the powers and privileges and be au-
thorzed to perform all the duties of mem
beers of the regular force for without such
power and authority the men would, in the
opinion of the Commissioners, be mere fig
ureheads. The chief of police will be fur
nisbed with a copy of Attorney DuvAlFs
opinion and will be directed by the Com
missioners to instruct the men stationed at
the crossings and intersections to act ac-
cordingly.