New-York tribune., 1906-12-28
POLICE ACCOUNTABILITY.

Is a policeman under any obligation to use
common sense? IF he is under any such obli-
cation, how can it be enforced? Those are the
questions which arise from the recent arrest
and Imprisonment Of the wife OF a promi-
nent physician on a prepOsterous charge. The
woman in this case was a person of standing
in the community and the complainant a per-
son Of none whatever. 1t would have been
very easy for the police sergeant who caused
her to be locked up to ascertain the truth OF
her statements regarding her identity. That
fact once ascertained, the accusation became
incredible. But the police simply put her
IN cell and left the case for the magistrate
to deal with next day. When criticised they
took the ground that the sergeant had no alter
native: once she was arrested no authority
but magistrates could release her. A police
man, they said. has no judicial powers
Undoubtedly that is so, and properly so. In
the large majority of cases that are brought
into the stations. The desk sergeants must
lock up the arrested persons, and it is IN the
public interest that they should have no dis
erection. But this case was entirely different
The arrest Of the physicians wife was a pri-
vate arrest The police had no evidence that
a crime had been committed and no evidence
that the woman was guilty Of a crime A DO
Hceman has no rowing commission TO go about
making arrests. Ordinarily he must be wit
hehs 10 the crime nlInSeu or nave q warrant
from a court for the person whom he arrests
When he does more than this he exceeds his
authority and takes chances with the law. A
private person may arrest another if he is q
witness OF crime committed by that other
and II he does so he must bring him before
magistrate or deliver him 10 a police officer
But It is obvious that the police are under no
obligation TO accept a prisoner from private
person just because that person has seen fit
TO arrest him. A private person can arrest
another just because he wants TO. 1t is not
crime but IL the arrest Is false he is civilIy
liable In handsome damages When a police
man receives privately arrested prisoner he
assumes the same chances of civil damages
He is not safeguarded by being himself
witness to the crime having authority from
the court to make the arrest He may take
the chances. If he wants TO- for false arrest is
not crime, but obviously the law does not
Intend 20 compel the policeman TO run the risk
OF civil damages. The officer not only has dis
erection, but the law stimulates his discretion
by laying him under damages Il he does not
use his discretion properly. II he does not en-
ploy common sense he may be made TO pay
for his neglect
The case In question was an exceedingly sim
pie one for the desk sergeant. When the ply
sicians wife explained her identity the officer
should have thought instantly, "If she is the
person she says she is. ! shall be liable In
"heavy damages for locking her up" He could
have ascertained very readily that she had
told the truth about her identity. She would
then have been properly released. for then, even
If she had been guilty OF the charge, the ends
OF justice could have been easily attained The
complainant would have had the name and ad-