The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-09-28
ty. The city has its ordinances and
should enforce them.

| This municipality, while within the
| county, has its own laws and police or
dinances. Some of these are practical
| ly duplicates of the state laws, but
where an offense that is covered by
| both state and city laws is committed
within the city it is the theory Of the
| general laws that it be prosecuted by
the city. Property owners in the city
| pay taxes to support their city court
for this very purpose. If these cases
are to be showed on the county an I'M
just burden is placed on the taxpayers
| outside the city. 1t is neither equit-
able nor just that the county should
| have to pay the board of prisoners con-
| victed of misdemeanors covered by city
| ordinances.
Judge Kennedy says the city law
| is not severe enough. | told him his
| remedy was to have the city council
| enact a new and stronger ordinance.
| Why have city ordinances If the
| city authorities are not to enforce
them? l am willing to prosecute all
men arrested for violating state laws,
but l do object to prosecuting what are
| properly city cases.
! THE city magistrate refuses to hear
state cases because there is nothing in
| ii for him. Now he refuses to hear city
! cases. The query naturally is what is
he going to do to earn the salary he is
| paid?'
| L
! cases of this character in the past |
| have never prosecuted them. although
| in the discussion in the court room to-
! day the officers sought to leave the I'M
preston l was taking some new stand.
1t is they who are taking a new posi-
ton, as l pointed out to them. In the
Langdon case why did they not elect
to prosecute under the state law rather
than the city law?'
Judge Kennedy last night made the
following statement to a Standard re-
porter:
Mr.. Duffy says that Migrants and
worthless characters arrested by The
peace officers of this city shall not be
sent by me to the county Jail. That is
a crumb of comfort for the toughs and
| plug-uglies. But | 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 if ! put
! them in he'll get them out. That's none
| of my business. / have no quarrel with
the county attorneys office. but as long
as | am police judge or this city I'll
| run the office.
Mr.. Duffy notified the police to-day
that he would not uphold their hands
| when they arrested buns and thugs.
| Well, | think the policemen are doing
| the very best they can and I'm going
| to uphold them every time think they
| do right.
To-day Mr.. Duffy told Officer Pow
ers that the man who had been arrested
was not a vaerant and should be dis
missed. | understand Mr.. Duffy was
employed to defend the man should the
case be brought under the city ordi-
nances. Mr.. Duffy told the officers that
| he would let the defendant go free
even if he were convicted under the
charge of vagrancy. That's not very
encouraging to officers like Mr.. Powers,
| who honestly tries to do his duty.
My position is just this: Anaconda
is the biggest part of Deer Lodge coun-
ty and the residents of this city pay
considerably over one-half of the taxes
| of the entire county. 1t costs at least
| so per cent. more for the city to feed
| it's prisoners than it costs to feed coun-
ty prisoners. The county pays so cents
a day, the city pays about Is cents a
day. Is it saving the taxpayers 20
fill the city Jail on that plan?
| There is room to care for only eight
people in the city jail, all told. There
are just four cells and not more than
two people can be confined in one cell.
| Sometimes there are that many prison.
ers brought in during one night.
Duffy says the officers shall not put
| them in the county Jail. What are
they going to do with them? Perhaps
Mr.. Duffy will entertain them until the
jail gets empty.
| linen again the SldlulSS VI Inc sta tS
| of Montana make the maximum pun
ishment of Migrants three months;
| under the city ordinances the maxi
mum Imprisonment for vagrancy Is 70
days This man, who is worthless,
idle, drunken and dissolute character,
who don't work and who hangs around
| places of i'll repute. seeking an oppor-
tunty to roll some one, can't be
| frightened by sending him to the city
Jail for % days and giving him better
bed and board than many poor, hon
est, Woodworking man with Dig ffnhl-
ly is able to earn. The professional
bum will have a snap in this commnn, =
| ty if Mr.. Duffy's orders are cbeyed'
| and the taxpayers in Anaconda. WHO
are already greatly overwhelmed, viii
get the heavy end of the stick.
Police officer Powers said in expla-
| nation of the discussion: THESE men
| | arrested in the Bad Lands because
they were plainly guilty of vagrancy.
| To-day Prosecuting attorney Duffy
came to me in the police court just be-
fore the cases were to be called ana
| asked me to consent to a dismissal, say
ing he had Investigated the cases ana
there was nothing in them: refused
| to give my consent to dlsmisal ana
then he announced that he would nave
them dismissed anyhow II they came
| into the state courts.
CITY Attorney Boarman was askeN
last night in regard to the contention
of Mr.. Duffy that cases covered ooth
by city ordinances and state laws
should be tried in the city courts
That may be Mr.. Duffys theory, said
he. but it is not the theory of the law
They could be tried in both state and
city courts, for that matter, and in the
| state courts the prosecuting attorney
| is bound to prosecute them. 1t ce"-
tainly is an anomalous position for the
prosecuting attorney to be in to ap'
pear in the city court to defend men
| for an offense defined as misda'
meanor by the state laws
What do you propose to do about
Migrants hereafter" was the ques'
ton put to Chief of Police White last
night.
I'm sure l don't know" he replied
gloomily.