The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1897-12-17
WILL ENFORCE THE LAW
Attorney Stapleton Has Received
Many Congratulations.
TO MAKE A CLEAN SWEEP
II the Accusations of Wholesale Viola
tons OF the Law Are True He Win
Prosecute at Every Turn-An
swers to Open Letters.

The action of the county attorney in
| forcing the gambling question to an
issue created no end of comment and
excitement in official circles of the city
and county yesterday and Mr.. Staple
ton and his chief deputy, Mr.. Connolly
were called upon and received congrat-
ulations from number of prominent
citizens.
1t has not yet been determined
whether or not the county attorney
will file any new informations at this
time or not, as he is still hoping grand
jury will be called in time to take
charge of the gambling matter as well
as the grating cases on which Mr..
Stapleton claims to have evidence
enough to warrant several indictments
| also.
Isaac Morehouse and Henry Albert
| son, against whom an information for
gambling was filed on Wednesday will
probably be not arraigned until Satur-
| day.
He Furnished The Key.
| Chief Mulholland, by presenting a bill
| for s22 as his share of the bonds for
| feited by the gamblers seems to have
| furnished the key to the gamblers
| Pandora box, and cleared the atmos-
| phefe of a very murky fog that for
months has hung over the mysteries of
| official life in Butte. If the county at
! torney should decide to make a clean
/ sweep and set his net for the lambs as
4 we'll as the foxes, 1t may be that this
! public service will do more to help
| Chief Muiholland out than the excellent
reputation he has always enjoyed, and
/ which he would have no difficulty in
/ proving on q trial.
Attorney Sta nlptOD is determined a
i prove that whatever Indifference and
! discouragementS there may have been
/ heretofore in enforcing the law. there
/ will be none hereafter. IT, as he ar
CUES. the wholesale violation of the law
| has been going on under the very noses
of officials who are paid to watch out
for violations of the law. then he has
no other alternative but to prosecute at
every turn, and prosecute in a way that
will leave no room to doubt his COM
| plete determination to fight.
1t seems that certain men Of more or
less prominence in the community who
have complained of gambling, when adj
yised of the difficulty of securing the
proper evidence, and asked il they
| themselves would take the stand have
held up their hands in horror, and COM
planned that they could not afford to
create animosties by any such course.
Compromising n Felony.
The general law on the subject of
| compromising a felony is section $50 of
the penal code. Its provisions are as
| follows:
Every person who having knowl-
edge of the actual commission of a
| crime, takes money or property of an
other or any gratuity or reward, : on
any engagement or promise thereof,
upon any agreement or understanding
to compound or conceal such crime, or
to abstain from any prosecution there
iii. a
except in cases provided for by law in
which crimes may be compromised by
leave of court, is punishable as follows
"First-By imprisonment in the state
prison not exceeding five years or in a
county jail not exceeding one year,
where the crime was punishable by
death or imprisonment in the state
prison for life.
Secondly imprisonment in the
state prison not exceeding three years.
or in the county jail not exceeding six
months, where the crime was punish
able by imprisonment in the state
prison for any other term than for life.
"Third-By Imprisonment in the
county jail not exceeding six months, or
by a fine not exceeding $500, where the
crime was a misdemeanor."
The authorities cited under this sec
ton of the code lay down the rule thai
to compound crime is to agree not 10
| prosecute ii, when the party so agree
ing knows it to have been committed.
| The compromising of a crime Is a per-
version or defeating of public justice
The Chandler Act.
The provisions of the Chandler act
| have been pretty thoroughly ventilated,
but in view of the developments OF the
last day or two attention might be
called to section 10 of the act. which
| provides that every state, county. city,
| town or township officer or other per-
son who shall ask for. receive or COL
lect any money or other valuable con-
| sideration, either for his own or the
| public use. for and with the under
| standing that he will aid, exempt, or
| otherwise assist, any person from ar
| rest or conviction for violation of sec
| tion ! of this act, or who shall issue,
| deliver, or cause TO be given or deliy-
| cred to any person or persons any IL
cense. permit. or other privilege, CIV
| ing or pretending to give any authority
| or right to any person or persons to
carry on. conduct, open or cause to be
| opened any game or games which are
| forbidden by section | of this act, and
| such officer or officers who shall vote
for the passage of any ordinance or by
/ law giving, granting, or pretending TO
give or grant to any person or persons
any authority or privilege to open.
carry on, conduct any game or games
| prohibited by said section ! of this act,
| is guilty of a felony.
An interesting question arises under
the provisions of this section as to
whether or not il the members of the
city council should vote TO pay Chief
| MuIholland's commission on the indirect
license which he has been collecting
from gamblers, they would not be gull
ty of felony. II is the opinion Of some
lawyers that under the provisions Of
this act every alderman of the city
council, would be liable TO an indict-
ment or Information for a felony.
Alderman Pascoe said on Wednesday
evening in the city council that so far
as the gamblers were concerned he
didn't think the city officials We're tu
blame as much as the county officials.
There seems TO be a general impression,
judging from what Alderman Pascoe
said, that police officers are merely
municipal officers. Deputy County At
torney Connolly thinks that police Off
GERS are just as much under the law
officers of the state in The detection and
| s,y ion Of I1sAH violation nf the