The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-12-14
CHARGE NOT PROVEN
Report OF tho COMMITTEES on the
Alleged "Rolling" by Police
ma Barrett.
They Recommend, However, That
He Be Dropped From
the Force.
The Fitzgerald Matter Left tn the Action
of the District Court-Otter Conn
oil Proceedings.

The committee on police-Aldermen Har-
rity, Howell and Morris-made their report
to the city counci last night. 1t was signed
by all the members of the committee and is
as follows:
Your committee on police to whom was
referred the affidavit of VIM. Hildreth and
Charles MAY making certain allegations
against Alex Barrett. late of the police
force of this city, beg leave to report that
they have investigated the same, and for
that purpose held two public sessions in
the police court. where with the able assist
ance of G. b. Nolan. many witnesses were
examined, and from all of the testimony
adduced, we are of the opinion that the
charges made by Hildrsth and May were
not sustained. but would saw that during
this investigation the conduct of Officer
Barrett WAS such that the m"rshal sus-
pended him for insubotdination.' Apd in
view of the fact that the feeling between
Officer Barrett and a majority of the police
force. including the marshal and sergeant,
ia such that the committee deem it for tho
best interests of the city and of
the police force that the suspension
of Officer Barrett from the force
be made permanent. And in regard to the
communication Of the marshal wherein he
states that certain assertions have been
made by Officer Barrett, charging the po-
lice force with acts by which innocent men
have been convicted. We beg leave to say
that we have carefully considered the same,
and although many witnesses were exam
ined the committee had no power to send
for persons and papers which were neces-
uurv md yunul6 hnuA apfQIlaH prant az
pense. which was unauthorized by the
council. The committee therefore woFe I'M
able to make such an examination as the
Importance of the case demands. And as
the district court has granted a new trial
to one of the convicted parties on which
the charges are based. we would recon-
mend that further investigation pending
the trial of Fitzgerald be suspended, as the
committee believe that the full facts will be
brought to light by the trial in the district
court. rn
1.-The committee desires to express their
appreciation to G. b. Nolan and to Judge G.
+. Gage for the valuable services they rem
dered in the case.
"Your committee, however. desire to say
further in this connection that while moth
ing was shown at the hearing requiring
further action of the committee or of this
council at this time. they are. however, of
the opinion that the duties of the officers of
the police department are 30 important to
every resident of the city, that a plain and
explicit code of rules should be published
for their government. 1t is difficult to see
how it can be expected that q man will sat
isfactorily perform the manifold duties of
Il city marshal, sergeant of police. or police
officer without being clearly informed as to
what those duties are. 1t is true that the
IL - ~ Hi ~ nrn .F xIN ,ttr- AVA - q N
eral way defined by the ordinances. but the
object of the rules should be to show how
and in exactly what way the provisions of
these ordinances are to be carried out. The
rules should be published in a compact
form. easily learned, and every officer should
be required to make himself thoroughly
acquainted with them. Failure to do this
should be deemed sufficient cause for dis
missal from the SERVICE"
On motion of Alderman jackson, the re-
port was received, adopted and placed on
file. Alderman Fuller moved that the
committee on police and the city attorney
prepare such a code of rules az was sug-
gested in the report. Ihe motion was
adopted.
In his report on pending litigation City
Attorney McIntire referred to the fact that
the supreme court had sustained the dis
trict court in the injunction case of Rich
ard Jockey against City Treasurer Walker,
involving the legality of city taxation for
1891. The city attorney stated that the
previous council allowed the then city at
torney, A. j. Craven. assistance on the case
at a cost of $500. He called attention to
joined to recover the expense put to from
the party enjoining, and said he would
make demand on Jockey for the $500 that
the city had to pay Ex-Gov. Carpenter foe
assisting City Attorney Craven in the dis
trict court. The present city attorney
fouubt tina IN 90 in tho srrraTnA ppprf with
out assistance.
A resolution offered by the Judiciary
committee WAS adopted. thanking City At
totney McIntire for his zeal in the case and
complimenting him on the successful out
come OF the suit.
Alderman Weber offe ed a resolution
looking to reducing the expenses of the
city government. 1t was to refer to the
police committee the ACCESSIBILITY of dis.
pensing with the services of the court Off
Ger, the city detective and the sanitary
Ioiiceman, and also reducing the day police
force during the winter months. Th mat
ter of dispensing with the services of the
building inspector, or reducing his salary.
10 recommended to be referred to the build
ing committee, and that of doing away with
the inspector of food and milk during the
winter months to the committee on ways
and means. The several propositions were
referred as suggested,
Mayor Curtin was called on for the first
time to cast the deciding vote in case of a
tie. 1t WAS on the question of giving the
on taxes powet to act on Il re-
quest for Il refund of taxes. The council
voted seven for and seven against. The
mayor voted against it al he didn't think
there was any need of haste, and the matter
would keep until the committee could ie-
port at the next meeting.
The report of City Treasurer Walker
showed $3l, 343.so On hand at time of last
atatnmant. Rppiynf Inriru Nnyarpl,ar col
292, 80; total $52, CSC. rs. Disbursements
during November 5000. "a; balance on hand
$43, 604.Sl. The city clerk reported war
rants for S36, 36i.6 3 drawn during Novem-
Der; cancelled warrants received SIS. 03l. IS;
warrants outstanding 1870. 9l9. 81.
A. II. Nelson called the attention of the
council to the fact that his son Harold had
fallen ON the sidewaik of Col. W.. +. San
der's residence and broken his left thigh
bone. He said the accident was due to the
failure of the city authorities to enforce
the o dinance requiring the emoval of ice
and snow from sidewalks, and that he
would be forced to institute n suit for dam
ages against the city tor 5000 unless M
smis bile settlement was ieauhad. The
matter was referred to the committee or
judiciary and the city attorney,
Police Magistrate Gnge's report showed
that he had heard sixty three complaints
during November, thirty of which wers
dismissed, thirty-three people being fined
and seventeen of them committed There
was 5000 in fines imposed and $S7.l5 ii
fines collected. City Marshal Calvin te
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