Lees v. Colgan

Citations

• 120 Cal. 262
• 52 P. 502
• 1898 Cal. LEXIS 748

Syllabus

<p>Reward Offered by Governor—Apprehension of Murderer by Captain of Police—Official Duty—Public Policy.—A captain of police of the city and county of San Francisco, who apprehends a murderer in such city and county, for a murder committed in another county, makes the arrest of the murderer in the line of his official duty; and it is against sound public policy to allow such an officer to receive a reward offered by the governor of the state for the arrest and conviction of said murderer.</p> <p>In.—Authority of Governor to Offer Rewarb.—Under section 1847 of the Civil Code, the authority of the governor to offer a reward is limited to the apprehension of certain criminals, and no importance can. be attached to services rendered in furnishing evidence to convict the criminal apprehended, though the reward offered by the governor purported to include conviction of the offender.</p> <p>Id.—Compensation of Public Officer—Additional Reward not Allowable,—A public officer working for a fixed compensation, or whose fees, are prescribed by law, cannot demand or contract for a reward for services rendered in the line or scope of his public duty, either from, private parties, or from the state, or from any municipality.</p> <p>In.—Power of Legislature—Construction of Statute—Authority of Governor.—Although the legislature has power to declare a public policy which has been declared unsound and vicious in every other jurisdiction, yet it will not he held to have taken such a step, unless the-intent is plainly manifest from the terms of the act; and the grant of mere power to the governor to offer a reward for the apprehension of criminals, does not carry an implied power to offer it to any and all persons, including public officers whose duty it is to make the arrest, but it will be construed to apply only to induce an arrest by private persons not under obligation to make such arrest.</p> <p>Id.—Official Duty of Police Officer—Arrest of Criminals—Absence of Warrant.—A police