Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1916-01-18
Ru 1MnGEN B. OAKLEY


"You tell us that the streets are dirty
because the laws are not enforced. but
is there not some department of the
government legally responsible for their
enforcement?''
This question, which has come to me
repeatedly. is answerc" by an act Of
Legislature dated Ma 3, 1875:
ANY police officer or constable upon
view of the breach Of any ordinance OF
any city Of the first class is authorised
to forthwith arrest the person or persons
SO offending without any process, and to
take said person or persons before any
police magistrate Of said city, who SHAH
thereupon reuuire bal, and in de-
fault of bail commit for hearing
To the slmple-minded citizen who be-
lieves laws mean what they say, tnir
sounds very conclusive, but unfortunately,
the courts have decided that in legal
nhraseolopy "authorized' does not mean
shall but may. Any police officer on
seeing n breach of a city ordinance may
arrest the offenders. The matter Is lett
entirely to his own discretion. ana TO
check any undue enthusiasm on the part
of the officers the courts have further
decided that police officers cannot be
regarded as agents for the city," that
each policeman is personally Responsible
for any arrest he may make, and must
himself assume whatever consequence
may befall.
POLICEMEN RESPONSIBLE.
If, therefore. a policeman should ar
rest n man who is littering the streets,
and the man should have a political pull.
or have a friend with n pull, or be under
the protection of a ward boss, the conse-
uuences might be very unpleasant Tor the
policeman. 1t is much safer to exercise
his discretion and do nothing. More
over. as we have seen. the magistrates
are very prone to dismiss Offenders
brought before them by police officers
and to chide the officers for misdirected
zeal The result is of course, that IL a
citizen desires to see the streets kept
clean. he must request policeman TO
arrest an offender. must accompany the
officer and the offender to the magis-
trate's office, and must himself bear all
the responsibility in any trial that may
follow. This is not government. but
merely playing at government Laws
should be written with shall and not q
| may.
Policemen should be required to report
violations of city ordinances. There
should be specially detailed inspectors or
nuisances to whom complaints should be
made and who should be required to In
vestigate and make necessary arrests. Our
citizens feel that they are entitled TO suoh
service They have formed themselves
may go about their daily business undis-
turbed they have elected representatives
to take charge of the order and cleanli-
ness of the community. and they have
taxed themselves for the purpose OF mann
tanning this order and cleanliness-thaS
is, they think this is what they have done
What they really have done is some-
thing very different. Instead OF choosing
a few responsible and capable representa-
tiyes 10 attend to the community busi-
ness, they have chosen number OF he-
publicans and Democrats about whom lit
tie is known except their political opin-
ions.
QUESTIONS FOR OFFICIALS.
When our citizens set about the election
of CouncIlmen, do they ask the candi-
dates:
.Uhat do YOU know about street clean
ing? What remedy can you propose for
our bad housing? VIII you set the ma
chinery in motion to enforce existing
laws?"
Not at all, The only questions they
ever ask are;
Are you a Republican or Democrat
Have you always voted the straight party
ticket?"
Now, here is no Republi"e way Of
cleaning streets, and there is no Demo-
cratic way of disposing of garbage, and
10 pretend that there is is only to plunge
a community into the bog of inefhciency
and lawlessness, in which Philadelphia is
now foundering.
our citizens have only themselves to
blame for the condition of our streets.
When they shall insist upon knowing the
actual qualifications of their Couneiimen
instead of being satisfied TO know them
as Republicans or Democrats, Ware men
or McNichol men, then and then only
can they hope for clean city.