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(The following statement supplements information on p. 409:) STATEMENT BY WILLIAM S. CHEATHAM, ADMINISTRATIVE ASSISTANT TO SERGEANT AT ARMS OF THE SENATE

CAPITAL POLICE ON LIBRARY OF CONGRESS GROUNDS

On page 14, lines 12 and 13, the House inserted into the bill the words “and on the Library of Congress grounds." That language was added in an attempt to authorize the Capitol Police Board to detail temporarily from time to time members of the Capitol Police to the Librarian for duty on the Library grounds.

The language added by the House should be stricken from the bill because, without more, Capitol Police officers would not have sufficient legal authority to patrol the Library grounds as it is not a part of the Capitol Grounds. The legal authority given the Capitol Police is contained in section 9 of Public Law 570, 79th Congress, which states in pertinent part, "The Capitol Police shall police the United States Capitol Buildings and Grounds under the direction of the Capitol Police Board *** " Another portion of that act, together with various amendments thereof, specifically define the areas and boundaries of the Capitol Grounds, but the Library grounds have not been included. The proposal to merely detail men to the Library would not vest them with the necessary jurisdictional authority. Should a Capitol policeman while patrolling the Library grounds apprehend someone committing a crime, the arrest by him as a police officer could not be legally established in court. In a criminal proceeding the prosecution may not be maintained unless all legal technical elements are present and established. elements of law leading to the arreast are subject to scrutiny of the court as closely as those pertaining to the commission of the crime itself.

The

The Sergeant at Arms of the Senate recommends, for reasons in addition to the legal gap created here, that either the Capitol Police Board should be given complete authority and responsibility over the Library grounds or the Board should not be in any way involved in such an area. A jurisdiction divided between two heads, the Librarian and the Capitol Police Board, would create a potential of conflict, confusion, and inefficiency in the administration of police responsibilities and functions.

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