The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-10-11
RIGHTS Of OFFICERS.
They Can Enter Place TO Stop 4
Row Without Waiting to
Be Asked.
tf Prisoners Resist the Policemen
They May Use Their
Clubs.
Report oe tha CounoiI Com mittss Exhon.
Grating Policeman Lynoh-Improyiss
the Rapid Transit Lias, Etc.

Report II tina CouuoiI COMMITTEES Exhon.
Grating Policeman Lynoh-Improylsg
this Rapid Transit Lac, Etc.
The report made TO the city council last
hight by the committee on police, who In
psstigated a complaint against Policeman
Lynch. settles the right OF an officer TO
bnter a saloon or other plsoe in which he
ICES or hears = disturbancs caused BY riot
pus or disordsrly conduct, for the purpose
making Al arrest, without being called
pn by the proprietor or some ono oonneotsd
With the premises for assistance; and also
tho legal right Of an officer to use bis club
ppon . fractions prisoner or upon any one
resisting arrest. On the hrst proposition
be committee say they "belisve and main-
balm that the officer has shat right; not only
10 he that right. but y IL biz duty to enter
puoh place and arrest those engaged In such
disturbance" A to ire right to use the
blub the committee say: ''Ihsrs appears
o your committee TO be N question on this
ONT. An officer certainly has this right,
ut IL is one which must be exercised with
rood Judgment. He should avoid
he use OF his club, or OF any other
Weapon. until he has exL al stad every
bther means ut his command to maks the
krrest. or quiet his prisoner. before using
lie weapon. 1t il in evidence In this case
-on both sides-.hat the party resisted ar
est by pulling away from the officer. and
FOLDING on to the strap Of the poiiceman's
club" The disturbance Ia question took
place on the night OF Sept. 8 in the Hay
market saloon. The policemen went In and
arrested both the mon engaged. One OF
hem submitted quietly, and tho other re-
listed md was struck BY tho officer in the
btruggle. The report IL signed by Chair
man Collins and Alderman BurQard Of the
committee. They we're sustained In their
Imposition about entering . building BY an
opinion from F. N. Mcintyre. acting for
peicss, like the. city marshal, 10 clothed
with power under the ordinance Of the city
u suppressinQ riots. disturbanoes and
breaches of the peaoe; TO app,ehend
III rioters, disorderly persons. and dis
burbers Of the peace, and all persons in the
lot of committing any offense against tGe
ordinances of the city. A olicemnn hav-
ing The snme right 40 the city ma shall TO
buppross and quell disturbances, undsr the
or0l0auC66 Oh Lu0 CltysI anu buo MbtsuhA DO
lnR clothed with the same powers ns a con-
table under the city charter. therefore
Iubmit that as a constable or sheriff has
owe to enter . building to arrest q person
npon a warrant, or to enter a building to
rest an offender without . warrant when
10 be committed. and the offender Is likely
% escape; so q city marshal or policeman,
pnder like circumstance, can enter q build
|ng and make an arrest without being
called in by the proprietor, lessse or any
pne In charge of the premises" The opin-
he right Of an officer to use his club. The
pouncil adopted tho committees report.
Tho Rapid Transit Railway company
we's given permission to lay a ack on
Warren street between Fifth and sixth
avenues. The charter granted F. r. Wal:
included that part Of Warren street desig-
mated. The franchise wa6 to DO declared
forfeited II not used In eighteen months.
The pat Of Warren street between Fifth
md Sixth avenues WAS not built in the re-
CURED time. but the franchise for 1t was
never declared forfeited by the oounoil.
Tho RAPID Transit company, which has
succeeded to the franchise, felt that the
ack could be laid. but to prevent any
question arising. asked the council TO de-
Flars by resolution that the franchise was
still extaut. This the council did last
night. Ak. Barbour. counsel for tbs
company. stated to the council That the
pu poso was to make e cross.town line.
he L ,nox cars coming down Fifth ave-
nue.. will, whom the track 10 laid on
Warren street, turn north on that
thorouehfare TO Sixth avenue. descend the
hill there and continue on acroSs Main
street and ont to Hayes street. On the
WAY back the cars will turn from Sixth ave-
nue. into Main street and 20 south to
Broadway. up the hill there to Warren
usual route to Lenox. Besides tho forma-
ton of a cross town line. the compnny'a
purpose Is to avoid having cnrs descend the
broadway hill. which competent enRinoers
declare to be dangerous. The building of
the connecting line on Warren street md
convenience to the public a. we'll as = meas.
. 9 of safety. ,,.
The comnittee on ordinances re- ported in
regard to the transportation Of powder
through the streets. They said the msr-
chants were willing to abandon the powder
magazines in Orc Fiuo Ruloh and move
their powder to The safety magazines in
Dry guloh. The committee recon mended
that not moro than 100 pounds OF powder
he allowed to be transported at one time on
Main street from the / teamboat block &c
the southern city limits. The committee
were instructed to draw up an amendment
to the present diuance in accordance with
their suggestions. 4 special permit wat
granted the merchants having powder In
the Gro Elmo guloh magazines to transfer
it to Dry Qulch, under police supervision.
Fire Marahal McKinnon asked the coun.
oil to restore n number OF the call mon re-
o .ntly suspended. The present force. ht
snid. wns not sufficient to properly handl,
the apparatus. The reQuest was referred
10 the committee on fire department. CITY
Engineer Wade reported that be had ex'
ahmed the Main street pavement. had tn,
contractor repair 1t whero needed, ane
recommended that the work be accepted
The report was adopted. Street Commits
sioner Koontz repo ted tho pay roll Of BIZ
tiepa tment for September to DO $l,2 48
CITY Clerk McIntire's report gave th,
amount OF warrants issued uu. ing Septem
her 81. 9O7. 81; outstanding $263. $50. 81
City Marshal McCann reported seventy
eight arrests for violation OF city ordinance
and thirty-seven for ohenses against stat
laws In September. and Police Magistrate
9 utcher gave the number OF oasSa tried q
sixty-ons and the fines collected 500. 1t.
Al she suggestion OF the committee OF
taxes and licenses, the petitions for rsfuut
of taxes and reduction of assessment from
the following persons were allowed; Bel
Hilper, DR.. King. W. T. Darlington. San
Alexander and John Bower: Petition
from the following wore not allowed: Mrs
Annie Hoyt, G. 4. Kemp and r. II. Weir.
On the recommendation OF tho commit
tee on streets and alleys IL WAS decided I,
lay a pink walk from the Jefferson schoo
II was decided to pu. In a Watering .an1