The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-01-04
TOO MUCnlENTERPRISE
CORPORATION ATTORNEY MARK.
HAM WILLefNOT PROSECUTE
KEEPERS OF RESORTS
HE so INFORMS JUDGE ORR
Gives as His Reasons That the Pros.
ecutionss Were begun From VI
terror and Improper Motives and
Orders We're Issued without His
Consent--says Deringer Can Go
Before the Grand Jury.

Corporation Attorney Markham yes
| terday sent to Judge Orr notice of his
refusal to prosecute the eleven war
rants recently issued against women
alleged to conduct uptown houses of
| 1ll-fame and which still remain in the
possession of the clerk of the municipal
court.
Mr.. Markham's letter is In reply to
communication from Judge Orr call
ing his attention to the fact that the
uuty OF prosecuting the cases is incum-
beht on the corporation counsel as COM
ing under the head of offenses not in
dlctaple and asking If the corporation
counsel intended to prosecute
In his statement Mr. Markham gives
as one Of his reasons for refusing to
prosecute that he asked that the infor-
nations be not filed Saturday, and
that the judge made the order without
his consent.
IL Is further stated that when Der
niger called on the corpora tien counsel
On Saturday he stated that all the dis
| orderly houses should. be compelled to
locate under the hill,'' and that at
that time Mr.. Markham informed Der
niger ana Mr.. Darragh that unless the
prosecution was begun under his di-
rectlon ne would not prosecute the
cases.
settling IOrIQ these facts, Mr..
Markham says: THE charter provides
that the corporation attorney shall
nave charge of the prosecution in the
munlclpal court of all criminal cases
not 1ndlctabie,' and under this provision
ara the rules and practice of the court
deny the right of any person to in
stltute proceedings for a violation Of a
CITY ordinance, contrary to the direc-
ton of the law department Of the
city,
Two other reasons are given Whv
warrants should not be issued in these
cases.
flrst-That the complaints are defective in
form. ~
Second-That 1.-THE prosecution is NOT in
sututed In good faith, but from Interior AMI
improper motives. I find on Investigation
Ina that on saturday afternoon, at about the time
the complaints We're filed and before any pub
Lclty mad been given to the fact that such
complaints were to be fled copy of a cir
GUAR letter was left at each Of the houses
against the proprietors of which 1t was pro-
posed to institute these proceedings inviting
the persons for whose arrest applications had
Deen made to attend meeting to be held
on sunday afternoon at the office of a we'll
known attorney of the city for the purpose Of
taxing steps to defend against threats of
criminal prosecution The filing of these
complaints and at substantially the same
hour, and the circulation of letters inviting
the persons to be prosecuted to a Conference
the Following afternoon, is rather suggestive
VI 0ieoi PAiSS, anu neSQ HOT De further char
acteriZed."
1t is Furthermore claimed that the
city ordinance was adopted for the
purpose OF controlling houses of this
character and placing them under no-
nee surveillance, and such control has
always devolved upon the mayor and
police department. It is pointed out
| that 1t is as much of an ofense to keep
such houses in one portion of the city
as another. and that though it should
be shown that there is no connection
between the threatened prosecution of
| the women on one hand and the invi-
I tation to contribute to the expense of
/ retaining an7iattorney.l such proSecu-
! lions should not be allowed merely for
| the purpose Of compelling these people
| to remove from one locality to another.
| It is suggested that If Deringer is
genuinely DESTROYS of purifying the city
| he can appear before the grand jury.
now in session. and bring charges
| against not only those houses men
| toned in the complaints that he has
| filed, but against those below the hill'
as we'll.
In view of these considerations Mr..
| Markham declines to direct the issu-
ance Of the warrants. eg
1T have received the letter from the
| corporation attorney relating to the
| informations filed against certain
houses of illfame," said Judge Orr last
| night IT have. however, given the
matter only passing attention. l have
| been too busy with other matters I
think that Deringer and his attorney
will be summoned to appear in court,
and after consideration we will decide
what Is to be done. This will proba-
| t1v he dOpa tomorrow.