The Savannah morning news., 1903-07-09
POLICE NOT EXEMPT
WAGES LIABLE FOR DEBTS THEY
INCUR. SAYS COURT.
GARNISHMENT WILL STICK.
SUBTLE POINT SETTLED BY JUDGE
BARROW YESTERDAY.

Merchants Have LOnged for Some
Like Nearly Everyone Else. Incur
Debts-But There Has Been "A Qdcs-
ton of whether Their Wages
Were AmenabIe to Attachment.
In Rendering the Decision the
Court Handed the Force a BOu-
QOet and Gentle Roast.
| In a sweeping decision rendered in
the Superior Court yesterday, Judge
Barrow held that the salaries of the
| citys policemen are liable to garnish-
ment. The decision. a comprehensive
one. is important in that it will con-
troll in the future.
For long time the question has been
a mooted one, and the merchants of
the city have been troubled by the fail
ure of certain members of the force to
meet their obligations, and the inden-
niteness of the law relative to the at
tachment of their salaries.
The case at bar was that of Mrs.
w. r. Mallette. against E. C. TabD
Central of Georgia Railroad police
man. 1t was shown that while Tabh
received his remuneration from the
railroad company, he wore the uniform
of the city force, and had authority to
make arrests in the same manner as
the members of the force. The court
decided that to all intents and purposes
he was city policeman, and in with
drawing the case from the jury, rem
dered the important decision.
There are but two classes which are
exempt from garnishment," said the
court. These are day 1aborers and
Journeymen mechanics. 1t would be
doing violence to language, if not muir
dering the Kings English, to call a
policeman either of these.
There is no calling or profession, how
ever Intellectual it may be, that does
not invoke the exercise of some man
ual labor; and, on the other hand, there
is no calling or work, however mental.
that does not involve the exercise of
some degree of mental capacity The
question to be decided is whether the
business of a policeman involves a
greater degree of mental work than of
physical work.
which, in my opinion, would authorize
the jury to legitimately infer that the
defendant in this case is a laborer I'm
der the rule which 1 have given you
there is no escape from the conclusion
that he is not what the law means by
a day laborer.
THE office of a policeman is part of
the machinery of the government; it's
duties involve the exercise of a judicial
function. The officer must first decide
that the law has been violated. In so
doing he must exercise instant and
immediate Observation-Disclosures of
the very highest order. 1t is quasi
Judicial and quasi-eXecutive, and upon
his action depends in large measure the
protection afforded to person and prop
erty."
The verdict in favor of the plaintiff
was directed by the court, on motion
of D. H. Clarke, Mrs. Mallettes at
torney. In arguing the motion Mr..
Schwarz for the defense, cohtended
that a policeman was often called upon
to do labor which was extremely
| onerous. At this juncture the court
interrupted with
You have evidently never seen one
of the preservers of the peace cooling
off under the shade of a sheltring oak
during the summer months, or toast
ing his shins before a red hot stove
! in the winter time
The spectators laughed, and Mr.
Schwarz, while admitting the humor-
Gus impeachment of the class which
| he represented, contended that his eli
ent was the exception which proved the
| rule.