New Britain herald., 1916-01-29
CHIEF SMITH NOT IN
 CONTEMPT OF COURT
Judge Hall OVerlOokS Refusal of Police Head to Serve Warrants

'S" 1ISINSil, Jdn z9-Cnlef or PO lice Philip H. Smith was declared 4not to be in contempt of court with criminal intent, this time at least, ny Judge Hall in the city court to- oay as the result of a hearing con- ducted by Judge Hall in the city court today as the result of a hear S1ng conducted by City Attorney Moyle, into the controversy between Chief Smith and Liquor Prosecutor H. M. . Dlckerman which had arisen over charges made by the latter that the chiefs orders to members of his force operated to delay service on search warrants.
 Three other officers were charged by MT. Dickerman with contempt Of court but Chief Smith assumed all responsibility. MT. Dickerman claim $d that as he was an officer of the court police officer was bound to obey the order of the court irrespec- tive of any order the chief might have made as to procedure to be followed in serving warrants The court up- held MT. Dickerman that the liquor prosecutor was an officer of the court and a warrant issued by the court
  to whom it was given.
 Protection to Officers.
 Recently, State Policemen were brought here by Dickerman to see if the liquor laws are observed It was reported that thirty-two search war rants were issued against saloonkeep- CTS, thirty of whom were said to be registered on the republican primary lists. Several raids were made and convictions were secured against per- sons who were selling Sundays, some l of these not being saloonkeepers. It l was while Dickerman was issuing | search warrants that the controversy i arose. He claimed to have handed some warrants to officers who said they would have to ask the chief for instructions. Mr. Dickerman took up the matter with the chief who is said to have declared that warrants should be served through his office for various reasons among which that the warrants some times were of the John Doe' variety and were against places in which more than one fam fly lives, and as a protection to police officers in case of false arrests.
 MT. Dickerman formally com l. plained to the court, and this led to an inquiry by city attorney Moyle and the hearing.
 Prosecutors Views.
 MT. Moyle quoted from statutes to show what was said in them about search warrants. He added that he left satisfied that Chief Smith had no intention of disobeying the courts or ders, but had believed that his orders toS subordinates that all business must be transacted through his office were perfectly proper. MT. Moyle said he believed the court could overlook the matter this time. MT. Moyle said that under the statute a search war rant sworn to by the prosecutor and two other persons could be handed to a city policeman and it must be l The warrant in the first place must be given for adequate cause
 NIT. Moyle said that Chief Smith and the other officers were perfectly | frank in the matter as they had come into court to test the matter.
 Chief Makes Statement
 Chief Smith made statement say ing he was responsible to the city for the efficiency of his force. To obtain the highest efficiency he had | to have the cooperation of the men under him. He had read the statutes to mean that when a warrant was 1 : handed to an officer it must be turned over to a superior officer for instruc tions, 1t often times being better to have warrant served by one man than another. The chief said he had no intention of obstructing the law. The sergeants also com plained of ad hered simply to his instructions gov erning the department.
 Judge Hall said Fe was satisfied that there was no intent of contempt of court and he would overlook the matter this time but he wished to point out that the liquor prosecutor is an officer of the court and the medium through which a warrant in liquor cases is served.