24 Wis. 278 | Wis. | 1869
We shall not consider the question, so fully discussed upon the argument, whether a police officer, whose duty it is to he prompt and vigilant in ferreting out crime, and in bringing criminals to justice, should be allowed to participate in public rewards offered for the arrest and conviction of the guilty party. It was claimed and argued by the counsel for the plaintiff, that it would be contrary to public policy, and a violation of well-established legal principles, to permit a ministerial officer, who is sworn to discharge his duty according to the best of his ability, and who, for all his services in the cause of justice, receives a fixed and adequate compensation, to participate in rewards offered either by the government or individuals for the arrest and conviction • of criminals. This position is xpidoubtedly sustained by the following cases: Pool v. The City of Boston, 5 Cushing; 219; Gillmore v. Lewis, 12 Ohio, 281; Kick v. Merry, 23 Mo. 72; City Bank v. Bangs, 2 Edwards’ Ch. 95. Also, as having more or less bearing upon this question, see Williams v. Thweatt, 12 Rich. Law, 478; and Hatch v. Mann, 15 Wend. 44. The real question, however, in this case, is, not whether a police officer may participate in a public reward offered for the arrest and conviction of a criminal, but whether the testimony shows that the plaintiff is entitled to receive it. And, upon the facts disclosed in the bill of exceptions, we think he was not. The material facts upon which the plaintiff relies to establish his right to receive the reward, are briefly these: On Sunday forenoon, the 10th day of November, 1867, upon the railroad leading from the city of Milwaukee to Chicago, a young man, by the name of August Tesch, was murdered. The sheriff, acting in behalf of Milwaukee, county, immediately offered a re
By the Court. —Judgment affirmed.