The Birmingham age-herald., 1902-10-15
GAN MAKE ARREST
 WITHOUT WARRANT
Judge Feagin Renders Impor-
 tant Decision on Subject
OFFICERS UNDER CITY LAW
Under Statute a Warrant or Affidavit Is Required But Here Board of
 Aldermen Is Empowered to
 Govern Such Matters.

Judge N. B. Feagin rendered a decis- ion yesterday morning that a policeman or other officer of the law can arrest a man without a warrant or other af- fdavit sworn out before a magistrate or other person commissioned to issue such papers, provided complaint is made by any citizen to the officer He also de- cided that the policeman does not have to see the offense committed in order to arrest the man, but can do so on the complaint of any citizen.
 The decision was rendered in the case against Pat O'Hear, charged with aid- ing a prisoner to escape. The judge placed a normal fine on him and then issued lecture to four others who were present at the time. telling them that the law requires citizen to aid an of ficer when called on or commanded to do so by the officer while making an ar rest
 The case was docketed by Policeman Burke, who went into O'Hear's saloon to make an arrest O'IIear put him out and would not allow him to make the arrest, claiming he had no warrant. The policeman requested the assistance of several bystanders and they refused to aid him. He also placed cases against them for refusing to assist an officer in discharge of his duty. They were re- leased by the judge. but given lecture in which they were told that they should have assisted the officer and that the law required it.
 The law states that a man can be fined not more than s11O or sentenced to more than six months hard labor on the streets for refusing to assist an officer.
 Judge FeagIn's Decision.
 Judge Feagin made the following state ment of the case:
 "The evidence of the policeman was that O'Hear said he could not make an arrest without warrant, and that he put the policeman out of the saloon by force.
 "The supreme court has decided that when matter of apprehension or deten- ton of person charged with a crime is regulated by statute. the statutory mode of procedure must be observed. and that the arrest or detention Is otherwise H. legal
 Under the state law an officer may ar rest person either for a misdemeanoI or felony when the public offense is committed in his presence or a breech of peace Is committed in his presence, or when a felony has been committed and he has reasonable cause to believe that the person arrested committed 1t or when he has reasonable cause to believe felony has been committed, although it may afterward appear that a felony has not been committed, or upon a charge made upon reasonable cause that the person arrested has committed a felony.
 "As a general rule,' the judge con- tinued, 'by the common law an arrest could not be made without a warrant, but if a felony or breach of peace is com mitted in view of the officer he is au- thorized to arrest and it is his duty to arrest, the person committing it. The su- preme court of Alabama has decided that in the arrest of persons charged with of- lenses against the law if statutory mode is provided 1t must be followed. That under the state law an officer could not arrest for misdemeanor without a warrant unless the offense Is committed in his presence.
 City Council Authorized to Act.
 "The legislature of Alabama, under sec ton 25. subdivision 25, In the city charter. authorizes the mayor and aldermen to pass all laws for the arrest, with or with out a warrant, of all persons against whom there is a charge made by any citizen for violating any city or state law. The city council passed an ordi- nance putting this power vested in 1t into force, and I held that upon any per- son making a charge against any citizen to a police officer for a violation Of any city or state law that the policeman could lawfully arrest the person against whom the charge Is made, even should the po- liceman not see the crime committed.
 "The charge need not be made neces- sarily in the form of warrant or ar affidavit but can be made verbally tc the officer, and the arrest can be made legally under the verbal charge. Neither the city charter nor the ordi- rances passed under it, putting its powers in force, require the charge to be put fin writing, while the state laws do require the charge in writing in the shape of an affidavit or warrant before a duly au- thorized officer of the law.
 "The officers of the Birmingham force have been previously charged by me not to use their clubs or pistols in making an srrest. but to call on the bystanders for assistance. This was done for two req sons, the first being that 1t does away with the apparent brutality. tcus giving citizens a contempt for the law, and also that it teaches bystanders and the public that the law Is supreme and That it Is tf cir duty to aid the officer In enforcing the law.
 T hope to see the day in Birmingham when a policeman will not have to carry a pistol or a club. as it is in Paris. There a policeman never has any trouble. as the citizens will all assist him in making an arrest. I hope the citizens here will some day be that way"