Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-09-28
In the Lower Courts of the
City at Present.
IS ALL OVER SOME CASES
That Came Up in Judge Kennedy'S
COurt--ThreatenS to Result
in an Appeal Case.

County Attorney ]. H. Duffy, Police
Magistrate j. NJ. Kennedy and chief of
Police Jack White have locked horns over
the trial of offenders known as Migrants.
1t is a case of county against city au-
thority. Judge Kennedy holds that a
prisoner arrested for vagrancy should be
tried under the state laws. County At
torney Duffy disagrees with him.. A test
case as it We're came up yesterday. The
prisoners We're two colored men and a
white man who We're arrested by Officer
Powers. Judge Kennedy turned the case
over to Judge Devine. who made out the
warrants in his. a state court, doing so
in Judge Kennedy's court room.
About 3 o'clock Prosecuting Attorney
Duffy appeared in court. 1t is claimed
he was there to defend Henry White in
the case under the city ordinance. An
argument ensued.
County Attorney Duffy refused to pros
ecute the men under the state law. He
took the ground that inasmuch as the Of
Tense was one against the city ordinances
and the men had been arrested by the
city police, they should properly be tried
in the city court. He argued that it was
an imposition or the taxpayers of the
county at large to have city prisoners
shovel off on it to be boarded at the
expense of the county rather than at the
expense of the city. He claimed the
county commissioners have objected to
this practice. He says:
The mems arrests We're We're entered
in the city police register and their bail
fixed and received by the city officers. !!
The cases were certainly city cases. To-
day the city officers wanted to make them
state cases. I told them I objected to city
cases being prosecuted at the expense of
the county. The city has it's ordinances
and should enforce them"
Judge Kennedy says: County Attor-
ney Duffy says that Migrants and worth !
less characters arrested by the peace of
ficers of this city shall not be sent by
me to the county jail. That is a crumb of
comfort for the toughs and p~lug-uglies. /
But l say they'll go to the county jail
every time they are brought before me
and the evidence shows they are guilty. :
Mr.. Duffy says that if I put them in he'll
get them out. That's none Of my bust !
~ tiN tcSIItS
attorneys office, but as long as l am
police judge of this city I'll run the Of j
flee.
Il understand Mr.. Duffy was employed
to defend the man should the case be
brought under the city ordinances. Mr..
Duffy told the officers that he would let
the defendant go free even if he We're
convicted under the charge of vagrancv.
That's not very encouraging to officers
like Mr.. Powers, who honestly tries to do
his duty. Anaconda is the biggest part
OF Deer Lodge county and the residents
of this city pay considerably over one
half of the taxes of the entire comfy.
1t costs at least so per cent more for the
city to feed it's prisoners than it costs |
to feed county prisoners. The county
pays SO cents a day, the city pays about
Is cents a day.
'There is room to care for only eight !
people In the city Jail, all told. There |
are just four cells and not more than
people can be confined in one cell. |
sometimes there are that many prisoners
brought in during one night. Duffy saws !
the officers shall not put them in the /
county JAIL
City Attorney j. r. Boarman SAYS it
the prosecuting attorney to appear in the !
cIty court to defend men for an offense
oenned as a misdemeanor by the state
Ia VS.. The prisoners were discharged
from custody.
IN TRl ~ lNVSNruIU~T !