The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-05-02
The Question Of Making Ar
rests Without Warrants
JUDGES INTERPRETATION
Mayor orennen Explains Why He Is
sued Order-lt Is Said That Only
Supreme Court Will Settle
Certain Points.

Prisoners are being taken without war
rants at the city jail verbal order TO
Warden Rittenberry yesterday by Mayor
bremen instructed the warden to take
all prisoners who were sent to the JAN
on specific charges, but not any who
were being held on charge OF being
suspects.
Temporarily the matter. pertaining to
the mayors order and the police rule or
practice has been settled, but hnal
agreement cannot be reached until test
case is carried to the Supreme court OF
the state The real matter seems ITO
hinge on the right of the policemen TO
hold a man who is wanted In some other
place if a warrant is not sworn out
against him charging him with something
specific and not with the general charge
of being wanted"
The order of Mayor Drennen was In
tended to instruct the warden of the jail
not to receive any one unless on spe-
cific charge, but was misunderstood oW-
ing to the wording. The wrong idea was
conveyed and yesterday the new order
was issued The first order issued was
on the request of Judge Feagin and yes
terday morning he explained 1t to the
people present in court. Among them
was a large number of policemen, and
Judge Feagin directed his remarks to
them. Policeman Bodeker started to
leave the room and was told to retain his
seat He asked if there was any law
which could force him to stay in the
room against his wishes, and Judge
Feagin informed him that If he did not
stay he would have him locked up in jail
for contempt of court. The policeman
stayed, but the matter caused a good
deal of feeling.
Judge Feagin lnterprets.
Judge Feagin then interpreted the order
of Mayor Drennen, and also delivered
lecture to the policemen. 1t was as fol-
lows:
IAN officer has a right to make an ar
rest without warrant in the day or
night time for any offense or breach of
the peace threatened in his presence, or
when felony has been committed
though not in his presence, by the person
arrested, or when felony has been COM
mitted, and he has reason or cause TO be-
lieve that the person arrested committed
1t or when he has reason or cause to be-
lieve that the person arrested committed
felony, although it may afterward ap-
pear that a felony had not In fact been
committed, or on a charge made upon
reasonable cause that the person arrested
has committed felony. An arrest with
out. a warrant is not forbidden by the
constitution; 1t is the issue of warrant
without oath or affirmation which is pro-
hibited An officer to justify an arrest
without a warrant must be In possession
of information reasonably presumed to be
true, which would authorize the magis-
trates to issue warrant
"A telegram from a city's chief of
rest without warrant; officers may arrest
without warrant to preserve the peace and
order, or to prevent threatened violation
of the law in their presence. A policeman
may arrest at any time or any place
party whom he knows to be charged with
felony or a person who has committed
felony though not In his presence.
Whether an officer can arrest a party
whom he suspects to be a felon from an
other state is not decided. but has been
! discussed in a recent decision of the Ala
bama Supreme court, In the case of Cum
ningham VS. Baker, Ala, 104.
I'VE have an ordinance here that an
officer can arrest man for the commits
sion of violation of the city ordinances
upon the verbal charge made by a citi-
zen, though the offense is not committed
in the officers presence. The Supreme
court has incidentally discussed the
question in which the ordinance is ques-
tioned-that Is, its validity-and It may
be, If it is presented to the Supreme
court, that it is not valid"
City Law.
Chief Austin stated yesterday that
95 out of 100 of the arrests made by the
policemen are for misdemeanors, and not
for violations of the state laws. He re-
ferred to the special act of the city coun-
Gil which was drawn up by City Attorney
Ed Smith and passed by the mayor and
board of aldermen, to cover the point In
question. The ordinance is as follows:
Section 100. Arrests Without Warrant,
When and by Whom Made.-It is the
duty of the chief of police and every po-
liceman to arrest without warrant all
persons found violating any ordinance of
the city or againstN whom there Is a
charge made by any citizen for violating
any city or state law; all persons found
disturbing the peace by dsorderly con-
duct, OF persons found drunk on any pub
lie streets or In any public place in the
city, and all persons found under sus-
bicious circumstances who fail to give
satisfactory account of themselves; and
said officers have authority to enter any
house, enclosure or other place in which
they have reason to believe that any
person is committing or about to commit
a violation of the city laws"
The Mayor Talks.
Mayor Drennen was asked about his