Pine Bluff daily graphic., 1904-01-20
IN THE MATTER OF ARREST DE.
FINED BY JUDGE A. 3.
GRACE
Warrants Signed in Blank Not suf-
fieient to Arrest and Hold q
Person.
A VERY IMPORTANT DECISION

circuit JuQSe A. b. Grace opened
court this morning to deliver his opin.
ion in the case of W. F. Smith. e.
parte, who was arrested in December
on the charge of selling unsound ba-
nanas, by Chief Peterson en- the or.
ders of Mayor White. Smith, through
his attorneys, Sorrells and Nixon, OBJ
tanned a temporary Injunction and
Judge Grace took the matter under ad.
visement. The opinion rendered by
Judge Grace brings to light several
important legal matters regarding ar.
rests by the police, and is as follows:
In this case the petitioner alleges
that he is illegally restrained CT his
liberty and held in custody by the
chief of police of the city of Pine Bluff.
The proof shows that petitioner had
brought to the city and was offering
for sale two carloads OF bananas. A
sanitary officer of the city inspected
the fruit by direction ct the mayor
and reported that the same was un-
sound and unfit for food and ordered
petitioner to remove same from the
city within twenty-four hours Upon
his refusal to obey. the mayor ordered
the chief of police to arrest petitioner,
and he in turn ordered the sanitarian
Or one of the police force to make the
arrest which was done. After the
petitioner had been arrested and
brought to police headquarters a war
rant ct arrest which has been signed
Fin blank by w. l.. Toney as police
judge of the city, was filled out by the
chief so as t2. charge petitioner with
the offense Of offering for sale un.
sound fruit in the city. and in re-
sponse to the writ of habeas corpus
herein the city officers offer this war
rant as their authority for arresting
and holding petitioner in custody.
Section 1886 Of Sandels and Hills
Digest provides that it shall be the
duty Of the chief and other police otri-
GERS Of any city to apprehend all per-
sons in the act Of committing any Of
fenses against the ordinances of the
city.
Section 52S7 provides that "the may
or, policeman or watchmen of the city
may, upon view arrest any pers en- who
may be guilty Of any breach of any
of the ordinances Of the city, or of any
crime against the laws Of the state,
and may, upon reasonable information
supported by affidavit, procure pro-
cess for the arrest of any person or
persons for the arrest Of any person
or persons who may be charged with
breach Of the ordinances of the
city"
Section 43, article OF the consti-
tuition does not create but recognizes
the existence of corporation courts
with such jurisdiction as the legisla.
ture may deem proper to invest in
them by law.
Section 1858 S. and H. Digest pro-
vldes for the election Of police Judge
IN cities Of the flrst-class.
Sections 1921 tc. $500 prescribe his
duties, powers and methods of pro-
cedure. -
Sections 67, 6s and 50, Hudsons Di-
,Ssest of the ordinances of the city of
Pine Bluff, create the Office of SANTA
ram and prescribe his powers and du-
ues, 1t nowhere appears that he has
any authority to arrest any person for
s4fense whatever.
A careful search of the city digest
lalls to reveal any ordinance which
iofblds or Furnishes the sale or offering