The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-02-16
LAW MAKES NO PROVISION.
County Officers Not Authorized to In
cur Expense in Making Arrests.

cur Expense i'm Making Arrests.
There seems to be no provision in ex-
listing laws for the arrest of criminals who
commit crimes outside the jurisdictional
limits of the city, other than by swearing
out warrants against them before a JUS
tice of the peace. The county sheriff has
no power of initiative in the matter.
County Attorney Saussy returned from
Atlanta yesterday morning. where he has
been in attendance upon the Supreme
Court. 1t is his opinion that not only does
the law fail to authorize the arrest of
criminals by the sheriff and his officers,
unless the crime is committed in their
presence or attended by other peculiar cir
cumStanceS, but even when a warrant is
sworn out before a magistrate, and the
officer by whom il is executed incurs nee
esSary expense. as for buggy hire, the
county Is not authorized to reimburse him.
The sheriff has no power to arrest a
suspected criminal merely because he sus-
poets him." said Mr. Saussy ITO justify
the arrest there must be warrant sworn
out before magistrate or the crime must
be committed in the presence of the ar
resting o1scer. He has neither right nor
power to prowl about the county in search
of men whom he suspects OF crime, nor
does MS duty demand any Such course or
action on his part"
Neither has the county the right to re-
imburse him If he incurs expense In eff
fecting such arrests. The ways in which
the revenues of the county may be right
fully and legitimately expended are emu
merated in the various acts bearing upon
this question, and unless there is warrant
for a certain expenditure the commission
ers cannot allow it, Certainly, in my ca
paclty as their legal adviser, l cannot rec
ommend It,"
Such expenses as these are estimated
as part of the insolvent costs of the
sheriff. office, for which the county allows
certain amount of money each year"
said Mr.. Saussy. "If this amount is not
sufficient it is unfortunate, but, so long as
the Jaw remains as II is, Ii cannot be help
ed. The county cannot make special pro-
vision for each case of this kind"
1t would seem that this state of the law
places the inhabitants of the country dis
tricts in rather an unsatisfactory condi-
ton. It makes the arrest of suspected
criminals bit uncertain. If the crime
happens TO have been committed in the
city or in some section of the county dis
tant from that in which the criminal is
the residents of that section will not feel
sufficiently interested in the matter 90
swear out warrant for his arrest The
county officers will not be likely to move
very energetically in the matter, because
they feel that they will incur expense for
which they wild never be reimbursed, and
the matter Is beyond the Jurisdiction of
the city. In such a case as this ii has
seemed to some a county constabulary
would be of advantage.
Mr.. Saussy was inclined to be of the
opinion that a. special act of the Legfs-
lature would be necessary before such a
force could be established, though, as he
had not closely fnyestigated the law on
the subject he did not feel that he could
express himself positively.
Chairman Dale, in an interview in YES
terday's Morning News, expressed himself
emphatically as opposed to any plan of
action looking TO the establishment OF a
county police force. In his opinion the
force would be an incubus rather than an
advantage to the county and would result
in much more harm than good Indeed.
Chairman Dale thought 1t unnecessary
and that 1t would accomplish no good.
Those whose views on the subject are
opposed to those of the chairman of the
Board of County Commissioners, put their
argument about like this: 1t is not right
that criminals shall be permitted to roam
at large in the country districts of Chat
ham county; it is not to be expected that
the sheriff and his officers shall be put 10
personal expense in effecting arrests not
required by their duties il does seem that
somebody should be held responsible for
the arrest of men of this desperate char
acter, and to a force Of county constabu-
larry this duty, could be safely conhded