The times., 1899-02-08
SPECIAL OFFICERS POWERS.
No Authority 10 Make Arrests at
Street Railway Crossings.

In an opinion rendered to the Commis
sioners yesterday $. T. Thomas, Attorney
for the District, held that special police
men stationed al street railway crossings
are without authority TO make arrests.
l.. B. Abernathy, a special officer de-
tailed at a local street railway crossing.
arrested man named Kraft, alleged
deserter from the army. last December.
The policeman asked Lieutenant Hayes, of
the Fourth Artillery, who was in charge
of the matter. TO allow him the sum of
$40 the amount usually paid for the app-e-
hension Of a deserter from the army.
Lieutenant Hayes doubted whether the
policeman WAS, under the law. entitled 10
the money. and referred the matter TO the
District Commissioners. Major Sylvester
who doubted the right of the policeman TO
receive the reward. reported 10 the Com
missioners as follows:
In fact the law is of such a nature as
/ fear. if this character of officer. the spe-
cial street railway crossing policeman. eX
ercises in any respect the prerogatives of
the Metropolitan Police officer, he will lay
the Commissioners and the street railway
companies 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 privates' for duty
at the railway street crossings, and that
commissions be issued TO them as such
Then these men will have all the powers
and authority of the regular Metropolitan
Police officers, and will be legally placed
under the Superintendent of Police. of
course. the decision of the court will con-
fine their powers and authority, as police
men, 10 such street crossings as they may
be assigned to-
The matter was then referred to Attor-
-hn Cd ha fol n q
opinion TO the Commissioners yesterday:
The status of special policemen,' sta
toned at street railway crossings is soms-
what anomalous. They are not members
of the Metropolitan Police force, nor addi-
tiona! pTivates under section 215 of the
Revised Statutes relating to the Distre. of
Columbia, nor special privates under sec
tion 37S of said statutes. The act of June
-, 1898. does not confer upon special po-
hcemen' stationed at railway crossings po-
lice powers, as do sections 376 and 379 of
the Revised Statutes upon additional pri-
Yates and special priyates therein provided
for.
The special policemen at railway
crossings are not police officers, but mere
watchmen, without authority to make ar
rests. Their duty would seem TO be 10
protect life and limb at railway crossings,
and to inform against railway companies
whose cars ldll 10 stop before Id-SillS over
railway crossings or intersections.
An arrest can only be made by an OFF,
Ger without warrant when a criminal Of
fence has in fact been committed or at
tempted in his presence, or when he has
reasonable ground for believing that the
person TO be arrested has oommitte1 an Of
fence. A private individual may make an
arrest for a criminal offence committed or
attempted in his presence. My opinion is
Mr.. Abernathy had no power to arrest
Kraft. He was not police officer, and as
a private individual he did not sze the Of
fence committed"
In view OF the opinion of Attorney
Thomas the Commissioners yesterday re.
quested that the following clause be added
to the District appropriation bill, relating
to special policemen at street railway
crossings:
And the special policemen above pro-
vided for. and the special policemen au-
thorized by the Commissioners to be sta
toned at the street railway crossings and
intersections in the city of Washington,
shall. during the term OF their appoint
ment, possess such powers of the Metro
politan Police force of the District as may
be prescribed by the Commissioners of the
District OF Columbia.