Ka Leo o ka Lahui, Volume II, Number 304, 19 ʻOkakopa 1891 — The Issuanee of Warrants. [ARTICLE]
The Issuanee of Warrants.
public been, of isof arrest parties, on oftth °ne of wh<pi. ii . - wae refufl*fl creotor Superior Cotort«. heen w&\i mfatirfhjr <*tortī* ifi e^H^ &fejfrem&' Gou rt, * Wd#Act or to & eOmplaiaant, i|M|r4tad been refused f&£ ojlfoef / MlftgiBtrate. This or partiality i« * that ehoula not be exerin tbe fcdtoinistmtion of justiee.
Dn«r» eare Bbould be taken to look ii>feo ū cbarge made by aa officer, bet>re a iu«tice of the peaee sbould allow a sttramo&s or warrant to ihmie against a jxamīi. No yantage ebould be taken of the complained of or to be arrested for _ th« sake of satisfying the complaint of some irresponsible individnal, «pon whcse statement an «®ccr takes a formal oath before a faaagistmtefpr the arrest of the party compiained of In the case of a hackowner the other day— a poliee efficer was aporoached by a tramcsar emjployee, and upon his statement, and to satisfy the latter, a conrplaint was sworn to by the officer and warrant issued against the back-owner for cruclty to animal. WHhout ah investigation in the f!rsfc ©tance by the officer, without iniaquiry on the part of the crown pro*wetltoror any one duly authorized, tVo man was brought summarily to the Station House. obliged to drop his load in the middle of the i4,reet in doing so, and when on aski the £?tation House keeper tolook matter, man was* snrlily'told to submit ajid he woald 1: .ve the opportunity to prove hif? innoeenee before the tribunal autbov;ing his arrest. We hold, that ■ course, if we are correctly in- ] i : aed, is nnaut!iarized. The ex»| «■ (v-re of atithorTty for the maint. ;nanc« of peaee and order, sho\jld iv \ er be unduly executed, nor ehould tliey think that,the ouly! duty of an oxeoativo of!iper is have onesay things against another, and that upon that bare information, a prifate citizen should be dragg*?d to jail, at the os'bis and iibqvty, We atm<T'lhat r 'the im munity t-h;it etlrroundg au ofecer from a r «nt for libelling a man's character, in arresting a person, and for da- J mages, leads them to think, ,as j 9* :ue have been known to expre?t! tn.:ms:.'lves,th[it all that onehn.--t.odo | i ;> to p rove lii ni se 1 f i n noee n t e > f w h a t ] t)»ooflieer c)ua'ges hiin, and that I i)jakes it all right. Kevt ree iheiK -! i<if ;on ofthe two, and how soon the *meQvefy ifi made th;xt it ia \iot ali i*iSht. Ther» is a defect eome wlu reither the law is imperlec.t,,
or else tbe Jaw is mieunderstood by offiiaers who h4ve to deal with the law : in #ie mainfcenance of juetk» and order.