The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-05-01
Mayor Issues Order 10 That f.
feet and Will Enforce It
BAD NEGRO IS RELEASED
Warden Would Not Take Prisoner
Charged With Highway Robbery
and He Goes Free--The
Police Worried.

VIII Hawkins, a negro charged with
highway robbery. was turned loose last
night just after being arrested by the
police because Mayor Drennen has issued
an order to the warden of the Jail not to
receive any prisoner unless a warrant Is
sworn out, or the chief or captain of po-
lice orders the warden to place the pris-
oner In jail.
The mayors order was issued yesterday.
and as the result several prisoners We're
released, one of whom had sentence of
$50 days to work out on the streets. Chief
of Police Austin instructs his officers to
make out regular arresting slip with
each prisoner and to turn this and the
prisoner over to the warden of the jail.
He says lie is not responsible after the
man Is turned over to the warden.
This was done in each of the cases last
night. and in each case the prisoner was
released and walked away from the jail
a free man. while the arresting slips were
left lying on the floor of the jail as so
much waste paper.
Drennen's Order.
The order issued by Mayor Drennen is
as follows:
Mr.. Mack Rittenbury, Warden, City:
Dear Sir-I understand that it has been
customary for members of the police to
make arrests and imprison defendants
without having warrant sworn out for
such prisoners. Hereafter do not allow
anyone imprisoned in the city jail with
out a warrant against them unless by
verbal or written order from the chief,
day or night captain of the police depart
ment Very truly, w. M. DRENNEN,
Mayor.
Last night the mayor was called up
over the telephone by Lieutenant john
son and asked If he wanted the order en-
forced, as it was impossible at that hour
of the night to secure d warrant He
was unable to come to the telephone, but
answered through a relative that he
wanted the order obeyed. AS soon as the
lieutenant received the mayors message
he handed the arresting slip of VIII
Hawkins to Night Warden walton, who
refused to take 1t or to lock up the prls-
oner. The negro, although charged with
a hanging offense, was permitted to go
free.
From the wording of the order Of
Mayor Drennen 1t will be seen that I'M
less one of the captains or the chief gives
verbal or written order, the prisoner is
not to be received. AS 1t Is impossible,
the police say, to get warrants at night,
1t would require the captain to stay at
the Jail and order each prisoner placed
therein. Lieutenant johnson refused last
night to order Hawkins placed In jail.
giving as his reason that he was working
under Chief Austin and not Mayor Dren-
men, and that he had received orders to
that effect from Chief Austin.
Difference of Opinion.
There seems to be some difference of
opinion In regard to the law about police
men making arrests. 1t is stated that
If the officer sees a person commit a
crime then a warrant is not needed. 1t
is also claimed that If a complaint is
made to the officer that the crime or Of
Tense has been committed he may make
the arrest without warrant. But on this
latter proposition there is a difference of
opinion, and on this hinges the order.
1t has been the custom here to arrest
on suspicion, and place minor charge
against man to hold him until the case
could be investigated. Complaint of this
has been made to the mayor and resulted
In his order
The policemen are very much stirred
up over the matter, and state that 1t Will
handicap them considerably in their
work, as they are unable to get warrants
at night and they have no way of detain-
ing prisoner until morning.
1t is thought that some action will be
taken in the matter today. The trouble
arises from the fact that the mayor has
complete charge of the Jail, while he
has no authority over the police force.
In the same way the chief of police has
authority over the policemen but none
over the city Jail. His duty ceases wS-n
the prisoner and the slip containing the
charge is turned over to the warden OF
the Jail.