The Richmond Virginian. (Richmond, Va.) 1910-1920, 1918-07-10
ARE POLICEMEN ON
DUTY CONSTANTLY
Opponents of Custer Law Say
Not When Out Of Office
Hours Or in Vacation.
rs LAW CONSTITUTIONAL
Important Question Discussed
Before Judge Richardson in
Abatement Proceedings.
Decision Friday.
rs LAW CONSTITUTIONAL

After hearing extended argument
on the question Of abatement of custer
| proceedings against four members OF
the police department. In which fix
| lawyers took part. Judge Richardson.
! in hastings court yesterday took UNI
! der consideration the question. ana
stated that he would eudeAyOr 10 have
his decision ready when the eases
are presented on Friday morning.
/ Half a hundred books Of reference
were piled up before the lawyers. All
of them were turned over to the Judge,
who will spend many hours studying
! the various phases of the case as pre-
scented by divergent opinions from
! various sections Of the country and
from many high tribunals.
| For the commonwealth and In ad-
vocaey Of the proposed action, Com
nonweaith's Attorney Wise spoke, He
was ably assisted by Murray Nj. Nc
! CURE and George Bryan, OF the couu~
sci OF defense. and by Edward Dun
ford. OF the department OF prohibit
! ton. ON the other side we're Gilbert
/ Il Pollock ana DAVID Il -Lnake--
The contention Of the opposition TO
| the proceedings was that the custer
act is unconstitutional. In that IL pro-
vides for certain proceedings contrary
Ito the provisions OF the constitution
charter gives the mayor, the lawyers
contended certain powers which cam
not be taken from him by act Of the
legislature. The legislature Is as
pointed out by them. simply super
visor Of the duties provided by the
constitution and the charter
The custer law sad MIR. Leake.
steers clear of the constitution, and
its patrons. bearing In mind the re-
{eYs F4sf ftF hE a {flF l.
ed complete scheme, as is indicated
by the fact that an appeal to the
! hustlnEs court ia guaranteed on any
action which may he taken by the
mayor"
Both Mr. Pollock and Mr. Leake
lquoted numerous opinions and de-
ctsions to bear out their contention.
designed TO show that the legislature
cannot take away from the mayor the
rights prescribed by the constitution
and embodied In the charter. They
challenged the right of any one in
the case In point. that of Captain
George Il. Pollock. to presume 10 take
/ custer proceedings. on the evidence as
outlined in the charges presented by
Commonwealth Attorney Wise. Re
cause. they said, nothing specific was
stated The defendant was alleged TO
have committed some offense at some
TO tho specific ofense or the time of
it's comm ission.
Many references were made to sec
ton 100 of the constitution. and TO
section L of the charter, The former
provides the duties of the mayor. and
the latter outlines the prerogatives OF
that official I'm certain cases. specifying
that the mayor may remove officials
for misconduct In office or neglect of
duty"
MIR. Leake declared that offenses
committed out of Office hours did not
count" maintaining that the law does
not intend to restrict the conduct OF
officials after they have left their of
fce, or are acting as private citizens,
having left their duties for the time
being
The commonwealth did not admit
that the custer law Is unconstttution-
al ON the contrary they contended
that the provisions Of the law are in
keeping with the constitution, and
that the constitution clarifies the at
mosphere by giving the Legislature the
right to protect the people OF the
comm onwealth by the enactment Of
such laws as might be enforced to
that end,
They declared that while the con-
stitution safeguards the interests OF
the people 1t delegates to the legis-
lature the right to shape UP the YER
biage and to direct the conduct OF the
officials provided for In constitution,
charter and statutes.
The very fact that the constitution
fixes the duties and prescribes the
prerogatives of the mayor. and the
charter specifically states what those
duties are, is sufficient unto the end
of the argument. for II the legisla-
ture IL stopped in its efforts to main
tain the dignity and the safeguards
surrounding this office, then there is
nothing forcibe at all In the consti-
tuition.
In formulating the custer law. the
legislature did exactly what the franz
ers OF the constitution had in mind,
1T cast a safeguard over the office. and
prescribed duties to be performed by
other authorities when ii might be-
come necessary through inactivity or
inability on the part of the official oc-
cupying the responsible position.
Officials must be presumed to be on
duty all the time. The dignity and
sa fety OF the community IL dependent
upon the conduct OF it's officials. par
ticularly its police officials, and when