Evening journal., 1917-12-15
LATHAM HAD RIGHT
TO CARRY WEAT on
CITY Judge Therefore Dis
misses Special Officer Who
Served for HarlanS
DEFINES DUTIES OF
POLICE DEPARTMENT

Judge Churehman. In Municipal Court
today dismissed the charge Of carrying
concealed a deadly weapon against
Robert Latham who was a special po-
licemsn appointed by the Polio Com
missioners to do duty at the plant or
the Harlan and Hollingsworth Corpora
tion. He was arrested In October with
a revolver in his pocket at Second and
Market streets, during some trouble
that developed over the recent strike
at the shipyard
Judge Churchman in disposing Of the
case settled some interesting points Of
law. lie decided that a special ofllcer,
appointed by the Police Commissioners.
has a ri.ht TO carry concealed a deadly
weapon outside Of the pace 10 which
he Is assigned 10 duty. He also de-
clded that the Board OF Police Com
missioners has the power 10 make rules
and regulations governing the conduct
Of such special officers. Such rules and
regulations are not valid II they con-
0ict with the general laws Of the state.
Judge Churchman ruled James. Sauls-
bury was counsel for Latham.
The flrst que tion was abandoned by
the defendant as being untenable. II
was as follows:
1. Is the negative allegation. Not
being q policeman or other peace Of
flcer," In an information for carrying
concealed deadly weapons. a necessary
allegation which must be proved?
The second question before the
Judge was:
?. Has a special ofilcer. appointed by
the Board OF Police Commissioners. a
right 10 carry concealed a deadly
weapon outside OF the place to which
he IS asslsned for duty?
Judge Churchman decides that ques-
ton affirmatively lie traced and COM
pared the statutes from 1881 down TO date
that pertained 10 the question and
pointed out that the statute Of 1911 pro-
hibitine the carrying Of concealed
weapons exempted the police or other
peace officers" However, the Judge
found a conflict with the law licensing
persons to carry concealed deadly
weapons.
The law. therefore" says Judge
Churchman. TO carry out its spirit and
intent under the rules Of contraction
must be taken as a whole and so con-
strucd. and read In this manner and as
+ originally passed. the law today Is and
must be so construed that no one can
carry concealed deadly weapons except
the police or other peace officers nm
iess granted a license so TO do by the
Court Of General Sc sions."
After quoting the rules Of the police
Department, as made by the Police
Commissioners. Judge Churchman says
The foregoing rules very clearl!
show that special police officers havl
the same powers, authority and priyi
I leges as the regular police officers; II
fact, in rule ia, they have expressl!
been given the same powers and privi
lges. From the duties enumerated II
the rules quoted. the officers are. be.
yond question, peace officers, and g.:
I these duties are applicable 10 both
/ classes Of officers. the special police
| officers are also peace officers, ano
therefore entitled under the statute "a
I carry concealed deadly weapons. There
fore the second question reserved for
argument must be decided In the az
nrmative."
The third question passed on by
Judge Churchman was:
3. Has the Board Of Police Commits
/ sioners the power 20 make rules anC
regulations governing the conduct OF
I such special officers?
The Judge also decides It in the az
frmative he saying:
Special officers are required, lAurl
/ the terms OF the statute Chap. i2j
Vol. 2s), to obey the orders, rules anc
/ regulations governing city consiables,
and, as there are many rules in rela-
tl0n thereto which govern the conduct
general officers or city cons lables
special policemen or special officers arc
obliged 70 comply with them, miles
such rules are IN violation Of Ian
The fourth question before tho Judge
was:
s. Are such rules and regul 'tion:
prescribed by the Board Of Police Com-
missioners valid If they conflict with
the general laws Of the Slater
Judge Churchman decides II nee tive
ly. he quoting the law and rule Of
the Police Department which he ind:
abrogates the statute because IL mits
the carrying Of the deadly weapC IS to
a certain place while the statut au-
thorizes the oflcer 10 carry the we 7on:
at any place
The question is too plain for rgu-
ment" says Judge Churchman. d" here
can be no doubt whatever that the leg.
islaturc in granting the Commissi lers
the power to make rules and regula ions
ever intended either 10 grant 10 ZEN
/ legislative powers or that such rani
Of power would authorize then q
change or alter q law Of the state 81
the fourth question reserved mu, b,
decided in the negative