The Montgomery advertiser., 1904-05-06
TAYLOR RIGHT,
 SAYS GERALD Police Chief UphOldS His
 Captain. REPORTS TO THE COUNCIL Was Authorized by Law to
 Enter Residence. Action On Statement Of Chief De- ferred Until Next Meeting-Ju-
 dietary Committee Presents Ordinance on Subject.

 gomery City Council last night by Mayor Carr, Police Chief A. s. Gerald says Police Captain W. H. Taylor acted within his authority when he entered private residence on Sunday night. March 20, and arrested six young men who were playing cards.
 The report of Chief Gerald was in pursuance of a resolution adopted by the Council, directing him to investi- gate the matter and report to the Coun- cil
 On motion of Alderman Gunter of Ward 1. the report of the Police Chief was laid on the table. to be acted upon at the next regular meeting of the Council.
 Text of Gerald's Report.
 The full text of Chief Gerald's report Is as follows:
 Hon. Thomas H. Carr, Mayor of Mont gomery:
 Tn obedience to the following reso- lution of the City Council, adopted April 18th. 1904.
 "'A Resolution.
 "'Be it resolved, by the City Council of Montgomery as follows: That the Chief of Police investigate the action of the Captan of Police in entering the home of a reputable citizen on the night of March 20th. 1904, and making an arrest therein, and report to the City Council at their next regular meeting his recommendations in the premises T most respectfully submit through you to the City Council for ther con. | sideration this my report. The resolu- | tion does not seek to inquire into tho guilt or innocence of the parties ar. | rested, that question having been pass | ed upon by the Recorder of the City oi | Montgomery. The resolution only calls | for an investigation of the action ot the police captain. Taylor. I take f for granted that the City Council con sidered that whatever the two patrol
 men (Cantey and Curbow). did on thi'
 occasion was in obedience to orders from their superior officer and conse quently are to be held blameless. Tn,
 policy, the political effect or the popu 1 larity of this arrest is not to be con | sidered only the facts that led to thu
 arrest and the law that authorized 1t l "On Sunday night. near the hour o
 12 o'clock tmidnighD Captain Taylo
 was notified by telephone that a gam | of chance. played with cards, was Il progress at or In a residence at tn southwest corner of McDonough ant | Scott Streets. and that his presenc was needed immediately. In respons l to the call, Captain Taylor repaired t' the scene and the game was pointed
 out to him. the players still being en 1 gagged. The arrest was ordered ant promptly made. There was no forcibl'
 entry, no harsh language or force used 1 The young men were carried to polio, ! headquarters, each went on the other, | bond. and they were released. Thes'
 are the facts.
 He Quotes the Law The law that was said to have beer violated is Section 1123 of the City | Code:
 "section 1123 is as follows: An, | person who plays at any game oi chance or hazard for money or othel | valuable thing, or who, in any way aids, abets. countenances. or encour ages such game, must. on conviction 1 be fined not less than one, nor moro | than S100.'
 ''This Is so plain as to be easily un derstood, and this caused the arrest. "Section 522 of the City Code Is a; | follows: It is the duty of the Chief o
 Police and of every policeman to arres | without warrant all persons disturbing | or who have disturbed the public peace l by disorderfy conduct, or persons found I drunk on the public streets or in any | public place in the city, and all person! l found under suspicious circumstances who fail to give a satisfactory account of themselves, and said officers have | authority to enter any house, enclosur, l or other place in which they have goot reason to believe that any person 1; ] committing or about to commit vio | lation of the city laws The above section authorizes tho entry and arrest. This Is the lega aspect of the case.
 There Is no evidence to show that this arrest was made through malice or from prejudice. or with the intent to oppress or degrade anyone. The vio- lation of the law was brought to Cap tain Taylor's notice. therefore commit ted in his presence.
 The Chief of Police Is constrained to believe that this officer did his duty as he conceived 1t. This Is one of tht many unfortunate and unpleasant cpl sodes that are constantly presenting themselves and occurring during the life of a police officer, none of whom are infallible.
 There Is no one in this community who would condemn in more severe