OFFICIAL OPINION No. 32

OFFICIAL OPINION No. 32 Volunteer police-Commissions-Expiratio11r--Act of July 18, 1917, P. L. 1062. Volunteer police commissions issued under the Act of July 18, 1917, P. L. 1062, have expired. Harrisburg, Pa., November 1, 1957. Honorable George M. Leader, Governor, Harrisburg, Pennsylvania .• Sir: You have requested advice as to the present statute of volun- teer police officer commissions heretofore issued either by you or by your predecessors under the Act of July 18, 1917, P. L. 1062, 35 P. S. § 1421; and, assuming these commissions to be void, you inquire as to what measures can be taken to assure proper protection of the municipalities and industries covered by the Act of July 18, 19171• On April 16, 1957, the Department of Justice issued Formal Opinion No. 6852 , in which we advised that at the present time you are without authority to appoint and commission volunteer police officers under the Act of July 18, 1917, since your power of appointment can only be exercised during time of war. Section 4 of the Act of 1917, supra, 35 P. S. § 1424, declares the purpose and use of volunteer police officers where it provides: "The police officers herein provided for shall be organized and disciplined especially for the purpose of the suppression of riots and tumults, and to preserve the public peace and safety; and shall be used when ever necessary to guard, protect, and preserve from injury and destruction by enemies of the Nation in the present war with Germany, or in any war in which this Nation may become involved, all railroads, railways, mines, oil-wells, chemical plants, light-, heat-, and power-plants, water-works and plants, iron-works, steel-plants, ammuni- tion-plants, manufacturing plants, and all other industries, as well as all public works and public buildings." (Emphasis supplied) 1 The Secretary of the Commonwealth has made similar inquiry. This opinion is intended to cover both requests for advice. It should be understood that this opinion is limited to an interpretation of the Act of 1917 and in no way attempts to delineate the power of the Governor to carry out his functions as the supreme executive authority of the State government vested in him by Article IV § 2 of the Constitution. ' • 1957 Op. Atty. Gen. 23. OPINIONS OF THE ATTORNEY GENERAL 147 It is apparent from this section that volunteer police officers may only be commissioned and used in time of war3 • Though the act is silent on the point, it is obviously implied therein that commissions properly issued during time of war shall be considered to have expired once war has ended. Under these circumstances, you should revoke all out- standing commissions. With regard to your second inquiry, namely, what measures can be taken to assure proper protection of the municipalities and industries covered by the Act of July 18, 1917, we have thoroughly analyzed the applicable statutes and find that municipalities and industries have ample statutory authorization for proper police protection. Under the Act of August 9, 1955, P. L. 323, § 2326, 16 P. S. § 2326, and the Act of July 28, 1953, P. L. 723, Article XXV, § 2526, 16 P. S. § 5526, counties are authorized to employ watchmen. First class cities have authority to employ police, special patrolmen for mobs and riots, and additional necessary patrolmen, under the Act of June 25, 1919, P. L. 581, Article V, § 3, as amended, 53 P. S. § 12233; the Act of June 25, 1919, P. L. 581, Article II, § 6, 53 P. S. § 12127, and the Act of June 25, 1919, P. L. 581, Article V, § 6, 53 P. S. § 12236, respectively. Second class cities are authorized to organize night watch and police, police at places of public resort, and park patrolmen under the Act of March 7, 1901, P. L. 20, Article XIX,§ 3, clause XV, 53 P . .S. § 23119; the Act of March 7, 1901, P. L. 20, Article XIX, § 3, clause XIX, 53 P. S. § 23124, and the Act of March 17, 1899, P. L. 10, § 1, 53 P. S. § 23405, respectively. Police and extra policemen are authorized in third class cities under the Act of June 23, 1931, P. L. 932, Article XX, § 2001, as amended, 53 P. S. § 37001, and the Act of June 23, 1931, P. L. 932, Article XX, § 2003, as amended, 53 P. S. § 37003, re- spectively. The Act of May 4, 1927, P. L. 519, Article XI, § 1125, as amended, 53 P. S. § 46125, authorizes police in boroughs. Police in first and second class townships are authorized by the Act of June 24, 1931, P. L. 1206, Article XIV, § 1401, as amended, 53 P. S. § 56401, and the Act of May 1, 1933, P. L. 103, Article V, § 590, as amended, 53 P. S. § 65590, respectively. Auxiliary police may be appointed in any city, borough, town and township, under the provisions of the Act of January 14, 1952, P. L. (1951) 2016, § 2, 53 P. S. § 732. School police and special school police may be appointed under the Act of March 10, 1949, P. L. 30, Article VII, § 778, 24 P. S. § 7-778, and the Act of June 24, 1931, P. L. 1206, Article XIV, § 1416, as amended, 53 P. S. § 56416, respectively. •The Preamble to the act states: "Whereas, there exists an urgent need, during the time this Nation is at war, to * * * organize * * * [a] * * * volunteer police force * * *" 148 OPINIONS OF THE ATTORNEY GENERAL With regard to police protection for industries, railroad police, street railway police and private watchmen with police powers in first class cities are authorized by the Act of February 27, 1865, P. L. 225, § 1, 38 P. S. § 31; the Act of June 7, 1901, P. L. 508, § 1, 67 P. S. § 1371, and the Act of April 26, 1870, P.L. 1269, § 1, 53 P. S. § 17096, re- spectively. Under the Act of April 18, 1929, P. L. 546, 38 P. S. §§ 1-14, industrial police, appointed by the Governor, were authorized in col- lieries and other industries. This act was repealed by the Act of June 15, 1935, P. L. 348, § 1, 38 P. S. §§ 1-14. Subsequently, the Act of May 25, 1937, P. L. 799, § 1, 38 P. S. § 15, made it unlawful for in- dustrial police to carry firearms or other weapons except when on duty, and required such weapons to be left at the place of employment. This act defined "industrial police" to mean police officers employed "for the protection of its property by the owner or operator of any colliery, furnace, rolling mill, water company, water supply company, water power company, electric light company, electric power company, electric transmission company, mineral, mining or quarrying company, or express company." The clear implication of this act is that the enumerated industries may employ private police for plant protection and internal security purposes, subject to the limitations of the act. Their police authority, however, is limited to the property of their employer: It is, therefore, our opinion and you are accordingly advised that commissions heretofore issued under the Act of July 18, 1917, have expired; that you should revoke all outstanding commissions; and that the present laws give ample police protection to municipalities and industries covered by the aforesaid act. Very truly yours, DEPARTMENT OF JUSTICE, FRANK P. LAWLEY, JR., Deputy Attorney General. THOMAS D. McBRIDE, Attorney General.