1. Defendants having voluntarily brought into court and surrendered photographs, fingerprints and measurements of complainant made when he was arrested by the police on a criminal charge for which he was not later indicted, complainant's prayer that these records be removed from the police department files becomes academic.
2. Defendants sent copies of these records to the identification headquarters in New York and Washington. Held, that since this was not done with impropriety and since defendants have no control over these governmental agencies, this court will not compel defendants to exercise an authority they do not possess.
3. The police entered complainant's name on the police records, together with an alias designation. Since it is not shown that the record may be used to the injury of the complainant, defendants will not be ordered to expunge the alias on the police records.
PER CURIAM.
The decree under review is affirmed, for the reasons given in the opinion of Vice-Chancellor Bigelow.
For affirmance — THE CHIEF-JUSTICE, TRENCHARD, PARKER, LLOYD, CASE, BODINE, DONGES, HEHER, VAN BUSKIRK, KAYS, HETFIELD, DEAR, WELLS, DILL, JJ. 14.
For reversal — None.