Mr. Hubert. How long is that?
Mr. Decker. Well, now, that's a problem I couldn't—there would be no way to answer that—how long does it take to make some investigation?
Mr. Hubert. What I had in mind was whether there was any rule, regulation, or law?
Mr. Decker. No; someone said once you couldn't hold them over 24 or 36 hours, but where it is, I don't know. The city ordinance under which most municipalities work is—they have a right to arrest and hold for investigation until they could determine if a crime has been committed. That leaves it pretty blank.
Mr. Hubert. All right. Now, let's assume that a man has been formally charged and that there has been a capias or warrant——
Mr. Decker. It's a warrant in this case.
Mr. Hubert. Of arrest, which authorizes you to arrest the particular prisoner?
Mr. Decker. I or one of the constables.
Mr. Hubert. What is your custom—are there any rules or regulations or laws?
Mr. Decker. No; there's no rules or regulations—only this—when a warrant is issued—when a complaint is filed with my district attorney or the magistrate, which is the justice of the peace, the warrant is issued and delivered to the agency. If it is a felony and in the justice court, it goes to the constable, which this offense we are speaking about was a felony and should have gone to David Johnston, justice of the peace, precinct 2, and the warrants were delivered to the city police.