The Birmingham age-herald., 1904-12-01
POLICE STIRRED
 BY JUDGE FEAGIN Says Arrests May Not Be Made
 Without Warrants BENNlE GAMBILL CASEClTED Mere Oral Accusation of Complaint Not sufflolent-supreme Courts
 Decision Is mportant-chef
 Wier Awaits Instructions.
BENNIE GAMBILL CASEClTED

cern the far-reaching effects of apparent ly trivial things.
 The judge is a student of history. He knows that the insertion of an iota sub script into a Greek word more than a thousand years ago separated the Chris tian church into two hostile camps. He knows also that at Waterlo the fate of Europe was decided by the nod of peasants head; and he inclines to the opinion that if Albert Sidney Johnston had not been struck by a bullet at shiloh, I Ulysses & Grant would probably have been prisoner before he was President.
 When the judge entered the police court yesterday morning his manner indicated that he was on the point of springing surprise on the court attendants. l He had just ceased reading The Age 1 Herald. and his attention had been drawn especially to an article reporting that the Alabama supreme court had decided the case of Bennie vs. Gambill in favor of Bennie, and had ordered Gambill to pay judgment of 5000 with costs.
 The judge wasn't interested especially in either party to the suit and money of itself however large or small the amount has ceased to charm him.
 Principle of Law.
 What did, however, engross Judge Fea- gins attention was the fact that the pur- chase of theatre ticket had upset all calculations and that the supreme courts decision embodied a principle of law which would probably knock Into a cooked hat the long established manner In which policemen in Birmingham have been ar resting alleged violators of law.
 After he had dispatched the morning business Judge Feagin rapped thrice for order. Everyone in the court room began to sit up and take notice. Of Immediate Interest.
 ''I read In this mornings paper" Judge Feagin began, "a decision of the supreme court that is of great and immediate in- terest to the Birmingham police force. refer to the case of Bennie vs. Gambill The courts decision indicates that po- lice officer has no right to arrest person merely upon the oral accusation of the complainant You have been in the habit of making arrests in that way. It has been charged that the system has led to abuses by the police force Tho fact that F, 900 arrests were made in one year in this city would indicate that that charge Is well founded.
 q have not yet read the text of the supreme courts decision. It will be here in a few days; but I gather from the reports that the decision will operate against Birminghams system of making arrests. and I warn you policemen ac- cordingly.
 System Obsolete. Tn talking with court officers from other states, find that our system has become obsolete in many other cities. In most of the large cities, warrant Is nec- essary before an arrest can be made; or, at least. the accuser must be willing to accompany the accused to police station and there swear out warrant.
 Unless I am mistaken, the supreme courts decision will compel us to readjust our system here in this respect, and conform to the rules in force in other cities"
 Judge FedBln B TefldfhS put lnc pOiCo- men and court attendants into a think ing, not to say panieky, mood
 Concerning Warrants.
 well. wouldn't that jar you?' asked an astonished blue coat.
 Its back to the city hall for war rant-hereafter," remarked a patrolman.
 Who's going to be here to issue the warrant?" inquired fly cop.
 Its all right in the day time when the clerk is on deck, but at night when most of the arrests are made. what are we going to do then?' asked an old member of the force.
 Chief Wler.
 Chief wier received the news with com posture.
 q did not hear Judge Feagin's remarks and have not read the courts decision,' said he Briefly, we shall do in this case. as In all other cases, whatever the proper authorities require us to do. As soon as I get the decision. shall ask for an interpretation of t from the city attorney and be guided by his directions If the new method is to be put in operation at once. we will be inconven- | fenced at night. We have now no night clerks to issue warrants. I suppose, how ever, that a night clerk will be provided" l
 PETITIONS IN BANKRUPTCY.