Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-04-26

membership of the House,
Representative Brand again entered
TIE debate He said. After the APP
plause will ask my question. Under
what law Is 1t felony to put into
operation a smoke screen?"
Representative Holiday replied. "Un-
der the laws OF the District OF
Columbia"
Mr.. Brand then asked. Did thsse
officers have A warrant against these
law violators?"
And Mr.. Holiday replied. Il presume
not"
Mr.. Brand then told Mr.. Holiday
that he agreed with him that an oficer
has the right to use such force as may
be necessary to arrest one whom he
knows has committed felony but does
not have the right, In his opinion, to
kill one without warrant. unless he
positively knows he has committed a
felony.
They must either let that car and
driver go on and escape because 1t was
impossible to follow them through the
smoke screen or open FIRE on the car
and the oficer opened fire. He fired
four shots at the left rear wheel. Four
of those shots hit the car within q
radius of eight inches, and o NTH shot
in line, from vertical standpoint, but
two or three feet higher than the otner
four shots. passed through the back OF
the car, struck the driver In the back
Of the head and killed him" The
House spplauded ct this statement.
Representative Brand OF Georgia, an
ardent dry, asked III he could not see
the car on account of the smoke, how
could he see the tire that he shot intop
Representative Holiday explained
that in the use of the smoke screen the
first discharge throws the smoke close
to the ground There Is q dense volume
of IL at the around and when 1t ascendS
and envelopes the machine, and 1t was
while the smoke was still on the ground
that the officer opened fire.
Mr.. Brand asked Mr. HolladAy II ha
meant TO say that when q person Is
fleeing from an officer without . war
rant the officer has the right to kill him
because he has violated the prohibition
lave
Brand Repeats Inquiry.
Representative Brand repeated his
inquiry. Does the gentleman take the
position that II an offender has COM
rnitted felony and Is trying to escape,
an officer without a warrant, has the
EkKkab 10 XIII 10 &EEESb klakflE
Mr.. Holiday replied, when an officer
hes been informed that man who has
committed a felony il fleeing In his
direction or when he Is pursuing him
and in the course of that pursuit the
man commits another felony, the officer
has the right to effect the arrest, using
whatever force Is necessary. and under
the circumstances this officer was not
only entirely within his legal rights, but
he was only doing what his duty AZ
an officer required him 10 do" The
House again applauded this statement.
Denison Enters Debate.
Representative Denison. Republican,
OF Illinois, entered the debate asking
Mr.. Holiday III It IL not the law that
the law requiring q warrant to justify
an oficer In using force In making IN
arrest where an offense has been COM
mitted OF which the oficer does not
have direct knowledge himself. bat
where the oficer OF the Law sees the
felony committed q warrant Is not
necessary and he has the same right
that he would have If he had q wer-
rant" Mr.. Holiday replied that there
was no question about that.
Representative Cramton. Republican
OF Michigan, then called attention Il
an editorial In The Evening star which
he described as very able and vel
considered editorial in The Evening
star OF last night" MT Cramton said
that this editorial "h entirely In line
with the gentleman's speech and II l:
apparent that this House approves oi
the gentlenAn's speech and the edlto.
rial-~at least on the Republican side
have not noticed any applause on ths
| other side Of the aisle"
Quotes Paragraph.
Several Democratic members pro
tested, "oh. yes. there has been Ap
plause on this side" Representative
Cramton then quoted q paragraph from
The $Star editorial, The quicker tn
/, realization that the police are deter
chance for q REPETITION AZ yesterdays
tragedy. The more the dust is rNises
by preiudging the action OF every police.
man who uses his gun, the more TRACED!
there win be-"
Chairman Simmons Of the subcom-
naittee handling the District bulge.
then stated: I'VE have had before the
| appropriations committee for some time
criticism OF the lack OF efficiency and
the lack of morale OF the washington
police force. The criticism that Is
being made In this case Is the thing
that will break down the morale Of any
law enforcement In washington or any
other city. This man Yves engaged in
the commission OF lawless act"
Mai. Prhtt's order to oil precinct and
bureau commanders said that In future
whenever member Of the force finds
IL necessary TO use his revolver
he will make 4 detailed report OF
the circumstances surrounding such
use to his commanding of1icer. whose
duty 1t shah be to institute thorough
investigation to determine whether OF
not the officer was Justified In the
action taken. Commanding officers were
instructed in all cases to forward these
reports TO headquarters with indorse-
ments setting forth the result Of their
Investigations and recommendation "a
to what action, II any. should be taken.
Maj. Pratt said In explaining the order
that he had attended the inquest into
the death OF Fleming.
From what heard Of the case, ~
Mai. Pratt said, ut sounded to me a.
II most of the men out in No. IL went
out shooting every night. The law and
the police manual both allow an offlcer
to fire his revolver either In the de-
tense of his own life when he has good
reason to suspect 1t to be in danger or
to halt the flight OF one caught in the
act of committing felony when other
means fail.
Says He was Amazed.
There Is nothing In either the law
or the manual to allow policeman to
Are his revolver for purposes of intimi-
dalton, and I must say was amazed
to hear what had been going on In
No H.