Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-12-04
HIS HONOR MAKES ALL THINGS PLAIN


planned Of. He practically disposes of the
whole case so far as he is officially con-
cerned unless Chief Brown should deter
mine to disregard the duty marked out for
4 him.
81 have not yet determined what course !
shall pursue should the Chief disregard my
letter." the Mayor said yesterday. "In
fact, !" he went on, 81 have not contem-
plated that condition. We only know the
law must be regarded"
The Law Laid Down.
Mayor Gourley's letter is appended:
MAYORS oFFIoE,
| PTTTsBURe, PA, Dec. 8, 1897
j., Q: Brown. ESQ.,. Chief Department Public
DEAR sIR-I saw yesterday afternoon,
| printed in the public press, your letter 60
| the Superintendent of Police, directing him
| mot to eject or molest any OF the inmates of
the houses of prostitution until His Honor
| (the Mayor shall indicate the date at which
he desires his order of November 80 to go
| into execution"
This order of yours quoted in part above,
is so remarkable that I cannot let it go
without notice, though you have made no
| communication of it to me. It assumes q
| power in You, or in me, Of suspending the
| laws governing our city that cannot, even
by silence, permit co 20 without dissent My
| order to you of November 30. referred to ip
| your communication to your Superintend-
| ent, did not direct you to eject the inmates
/ directed you "to enforce the law against all
houses of ill-repute in the city" and to pre-
vent any possible misunderstanding,
quoted in the communication mentioned
| the full text of the law under which you
we're to act, and which constitutes the only
| authority for any action at all by you or me
in the premises.
Must Arrest and Hear Them.
By referring to the law or ordinance
quoted, and which asked you to enforce.
by no pretense can you find q scintilla of au-
thority for summarily ejecting the inmates
of houses OF ill-fame, or Of summarily clos
ing such houses by driving the inmates out
of their doors upon the streets. To the end
of suppressing such houses, the law gives
your departments power "to arrest every
keeper thereof and every person found
therein, and to bring all such persons be-
fore the police magistrates OF said city Tor
examination and hearing" and each person
found guilty after trial shall be fined for
each offense. This law only convicts after
examination and hearing" and does not
profess to invest you or me with despotic
power to Danish into the streets, and make
homeless and shelterless even women of ILL
fame, without arrest examination and
hearing" And even after conviction upon
such examination and hearing" it does not
impose q sentence OF ejectment from the
house, but a fine, and, i'll default of payment,
You cannot fail to see that your order of
November 30, as reported to me by you, to
drive these women out upon the streets and
TO close and keep closed the doors of the
houses is not warrsnted by the law, or by
anything in my communication of that date.
directing you ito enforce the law against oil
houses Of ttl-repute." Your sole power in the
premises, under the law, is "to arrest every
keeper and every person found in such
houses, and take them before the police
magistrates for examination and bearing"
your power under the law is then exhausted
and your duty fully done.
Makes Simple Request.
lam convinced that If yon confine your
self to the simple discharge of your duty as
a sworn officer, from day to day under the
power given you, all houses OF ill-fame will
soon be closed, without any unauthorized
and illegal order from you to such effect.
Inasmuch as these houses of shame have,
for five years. been allowed by your depart
ment to live and flourish, it would produce
cruel and unnecessary suffering 10, at once
or upon q few hours notice, I'LL the patrol
wagons with prisoners. many OF whom
would certainly be unable to pay their fines.
As you have led these women to believe
they could conduct their business in this
city with safety, would suggest that you
serve notice upon them that after reason
able time, sufficient time to allow them to
arrange tor shelter elsewhere, q week if you
please, you will enforce the law by arrest
ing. from day to day, every inmate or
police magistrates to infiict the sentence of
the law upon such as may be found guilty.
believe that II you pursue this course, the
only course within the line OF your duty,
and the only course permitted by the law,
these houses will soon, very soon, disappear.
should this course not accomplish the pur-
pose, | beg to refer you to 1T the act Of
Assembly, approved March 81, 1850, p. L. 1874,
which reads as follows: H'is
WHAT the Law Says.
"1fany person shall keep and maintain a
common bawdy house. etc., or shall know
ingly let or demise house or part thereof,
to be so kept, he or she shall be guilty of a
misdemeanor, and on conviction, be sent
enceu to pay fine not exceeding 1000 and
to undergo an imprisonment not exceeding
two years."
Under this law you have heretofore acted,
1 believe, and there is no reason why you
should not do SO again II necessity requires.
The responsibility of dischargfng this plain
duty is only with you, and 1 hope You will
continue therein until the end of your term
OF office.
1t was in no spasm OF virtue that called
your attention to this matter, but from a
solemn sense OF public obligation to see that
the laws are faithfully executed.
the spirit, and 90 forward until the full OBJ
servance OF the law Is Obtained.
Very truly yours, II. l. GoURLEY,
Mayor.
There Is no end of speculation among
lawyers and laymen regarding the authority
of the Mayor to enforce obedience on the
part of the Chief of the Department of
Public Safety to any order or suggestion
submitted. The prominent members of
the bar hesitate to discuss the subject. All
of them are willing to talk, but few of them
were willing to allow the use. of their |
names
Major A. M. Browns Views.
Major A. M. Brown said the Mayor had |
taken a substantial stand. SIT ID always
safe for one to place himself firmly on the |
side OF law" Major Brown said yesterday.
81 am not prepared to talk off hand on the |
authority of the chief magistrate Of the |
city to enforce obedience on the part of the |
heads of departments conclude, however, |
that any subordinate, who has the proper
regard for his Office and the people he is |
supposed to serve, is presumed to regard, |
obey and respect the order of his superior.
The law creating the departments of the
city government gives the Mayor superyis.
ory power. His power to enforce obedienee
30 any suggestion or order Ii not entirely
clear to me.
another leading attorney, who 10 an ex-
member OF Councils, said: s'There Is abso-
lutely no question as to the Mayor author
ity In such cases. Section 81 of the city |
charter provides that the Mayor shall have
general supervision of all the departments,
With T7nuer IN diraot th.;-- of3,ceru vrifhin