Omaha daily bee., 1908-05-20
MALADRoIT METHODS,


Donahue through the medium of the
alleged effort to enforce the Sunday
law in Omaha, lacks the potent force
of sincerity. The petition filed by the
for the Social service" COM
mittee of the Ministerial union Is so
maladroitly drawn that its purpose is
apparent to even the most casual
reader. Mr.. Holmes has not exhibited
the ordinary astuteness of trial law
yer, but has rather adopted the tactics
of one who realizes the weakness of
his case and hopes by sheer assurance
and unwarranted assumption to cover
up it's deficiencies.
In his construction of the statute
Mr.. Holmes goes to such lengths as
would scarcely secure serious consider
alton even in a backwoods justice
shop. BY implication he would have
US believe that to arrest an individ-
ual means to incarcerate him. He in
sinuates that it was the duty of the
chief of police and the sixteen patrol
men who assisted him in looking up
the alleged violations of Sunday peace
and good order in Omaha to have
viduals whose names were reported to
the city prosecutor for action. This
suggestion certainly reaches the height
of absurdity. Suppose the plan had
been carried out, and that the city
prosecutor had moved with no more
celebrity than has marked his course
in dealing with these Sunday cases,
what would have been the result?
Either 500 and more of our citizens
would have languished in Jail during
the last five months, or their cases
would have been summarily dismissed
and the vindication of the dead and
forgotten law, suddenly revived by
Mr.. Holmes and his associates, would
still be lacking.
The statute quoted by Mr.. Holmes
says that the officer Shall arrest and
detain any person until
legal warrant can be obtained" Now,
in the case of these 513 persons ac-
cused of violating the Sunday law,
each and every one of them was to all
intents and purposes arrested and de-
tained until legal warrant could be
obtained. 1t is not shown that in a
single instance any of them has sought
to evade or avoid either the arrest or
the subsequent trial. Any delay that
has been experienced in the matter is
due entirely to the machinery of the
courts over which the chief OF police
and his subordinates have no power
whatever. AS fast as the legal war
rants were made out and issued by
the city prosecutor and police Judge
they were served by the police officer
That all these accused were not tried
is due simply to the exercise of ordi-
nary common sense by the prosecutor,
who wished to ascertain what course
would be taken in the matter by the
higher courts before he occupied the
time of the examining magistrate with
|
at the best can only be convicted of
misdemeanor. Nothing appears in
the record at any point to show that
the police force, acting under the di-
rections of the chief in carrying out
the orders of the mayor, has been
negligent, slothful, or derelict in duty.
Mr.. Holmes reaches an acme of as
surance in his assumption that the
courts will construe the word may
to mean must" He has no warrant
for this, whatever. The probabilities
are that the court would in this In
stance, as has been done in Others
construe the word may" as giving the
police officer discretion within his
judgment to determine If Immediate
Incarceration is essential to the deten.
tion of the culprit until a legal war.
rant can be obtained. In the case OF
the persons accused of violating the
Sunday law no effort was made tc
escape, anu the police, exercising ordi
nary prudence, merely secured theil
detention until the legal warrant coult
be obtained.
The cause of justice, of good order
and good morals has suffered none IL
this regard, and the demand of Attor
ney Holmes on behalf of the "socia
service" committee that the chief O
police be removed from his ofice be
cause he did not summarily imprisor
/ 500 good citizens OF Omaha would b,
ridiculous, If It were not sent befor,
the world as the deliberate act OF
body of men supposed to represent tn,