The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-11-23

Specifca ton 6.-The evidence shows
that after Captain Donovan had sus-
pended F. P. Mcdonald on Aug. II.
without pay, he marked him on the
time-book as on duty up to the 2Oth
| but we are of the opinion that this
was done by mistake and without
any fraudulent intent.
Conflict of Testimony.
Specification THE gist of this
specification is that Captain Donovan
was detailed to visit Saltair and in
vestigate as to the truth of the re-
port that said Policeman Mcdonald
had been at Saltair lake resort bois-
ferrous, intoxicated and guilty of using
vulgar and indecent language in the
presence of women and children, and
that after going to Saltair and making
such investigation he reported to the
members of the board of police and
fire commissioners and the chief OF
the police department that he could
ind no person or persons who WOULD
or could testify to any misconduct OF
said Mcdonald; whereas it was
charged that the said Donovan did
inquire of Deputy Marshal ]. C. Davis
and other persons present at Salair,
and was informed by such persons
that the conduct of said Mcdonald
was as stated. The testimony on this
point is very conflicting; the testi-
mony of Greenewald and Clayton was
TO the effect that they stated to Cap
tain Donovan that they saw nothing
wrong in McDonald's conduct on this
occasion. On the contrary. Deputy
Marshal Davis, who arrested Nc
Donald. testified that he reported to
Donovan the conduct of Mcdonald
was scandalous in the extreme and
that he was willing TO testify in regard
to the same; also that Conductor
Wheeler stated to Donovan in mis-
Oavis) presence that he was I'M
willing to testify, but if called upon,
would testify that Mcdonald was in
toXicated on the occasion referred to.
The testimony of Captain Donovan
on this point was to the effect that he
could find no one except Davis who
was willing to testify against McDon-
aid. The board is of the opinion that
there was disposition on the part
of Captain Donovan to withhold from
the commission and from the chief
McDonald's actual condition after his
visit to Mount Pleasant.
Conclusions and Judgment.
If Captain Donovan regarded the
letter referring to Sergeant Ford CT
sufficient Importance to require an in
vestigation, it is very much to be re-
GREETED that ne did not hand the same
to the chief and let the latter direct
the investigation. if one was to be had.
This long and expensive trial and the
turmoil in the department
would have been avoided had the let
ter been consigned to the waste has
ket or handed to the chief; and all of
the charges except those contained in
the specifications and 6 grew out Of
this mistake on the part of Captain
Donovan.
Removal Not Required.
The board are of the opinion, how |
ever, that the dereliction of duty |
on the part of Captain Donovan is rot
sufficient to require his removal. Such |
action on the part of an officer, how |
ever, even if entered into in the be-
ginning with the best of motives. is not |
unlikely, as in this case, to result dis
astrously and should not be lightly
passed over; and the judgment of the |
board is that Captain Donovan be rep
rimanded by the board and be sus-
pended from the time of his suspension
by the mayor until Dec. Is, without |
pay during such suspension
All of which is respectfully SUBJ
nitted. FRANK JENNINGS,
n. A. EMPEY,
w. P. NOBLE.
FRANK B. STEPHENS.
Members of the Board of Police and
Fire Commission.