The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-09-28
ANACONDA NEWS.
LIVELY TIME IN COURT
City and County Authorities
Clash Over Vagrancy Laws.
HAVE A RED HOT DEBATE
To the Edf1cation of the Spectators-De-
y PENDANTS Go Free in the Heat of
the Battle - Statements
From Both Sides
HAVE A RED HOT DEBATE

Il will not prosecute them under the
state law" said Prosecuting Attorney
Duffy, with emphasis, in the police
court yesterday afternoon as he walked
up and down the room. They should
be tried under the city ordinance and in
the city court
ITO try them under the city ordin
ance, even if a conviction We're secured,
would not properly punish them" said
Police Judge ]. M. Kennedy. 1T is
useless to try them under the city ord
nance. They are properly subjects for
the state law, and I will not try them
under the city ordinance and as the
Judge said it he paced up and down on
another beat Mr.. Duffy across the
court room.
Chief of Police White, Officer Powers
and Constable Val Shebat Joined in the
discussion. doing sprints about the I'M
occupied portions of the room and each
taking a verbal crack at Prosecutor
Duffy as he came within range.
Meanwhile two colored men and
white man, all charged with vagrancy,
sat grinning softly to themselves. Fin
ally when the prosecuting attorney and
the police magistrate had each AN
nounced his ultimatum, Chief White
shouted TO the three men.
Get out of here. Get out and do
what you want to. Go and beg from
Duffy" and the crowd outside the rail
smiled.
This is but a part of higly sensa-
tionai matinee held in the court .yes-
terday.
Tuesday night Police Officer Powers
arrested "Rube'' Collins. white man,
and Henry White, alias Little Bear
George Johnson and Myron Cooper, all
colored. on the charge of Vagrancy.
He and the police force allege there
was strong case against each man.
Yesterday morning Myron Cooper eX
hibited telegram offering him work
in Hamilton, and was allowed to go on
condition he leave town. The other
cases were set to come up before Judge
Kennedy in the city police court at
o'clock.
shortly before that time Judge Ken
nedy determined to turn the cases over
to Justice Devine's court to have the
men tried under the state law. The
language of the state law is almost
the same as that of the city vagrancy
ordinance, with the exception that it
provides a 90-day imprisonment PEN
atty, while the highest penalty that can
he inflicted by the city ordinance is %
days. Justice Devine made out the
warrants in his, a state court, doing
so in Judge Kennedy SCOUT room.
About 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.
Then ensued the lively scene. Mr..
Duffy refused to prosecute the men
under the state law. He took the
ground that inasmuch as the offense
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
il was an imposition on the taxpayers
of the county at large to have clty
prisoners showed 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 nave
objected to this practice.
you'll have to try them in the city
court" said he.
.tTIl not try them in the city court"
said Judge Kennedy. They are state
cases"
"They are not state cases" said Mr.
Duffy. I'm the case of this man
White. if a state complaint is filed
against him I'll dismiss it, for l know
he is innocent
And then they had it back and forth
again. with Chief White, officer Powers
and Constable Shebat for a chorus 10
Judge Kennedy's solo.
After the affair was all over Prose
cutting Attorney Duffy said to stand
ard reporter:
Last night these three men were ar
rested by Officer Powers. l went down
to-day to investigate the cases more
than anything else. The mems arrests
were 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. L
told them objected to city cases being
prosecuted at the expense of the coun-