The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-05-08

letter and spirit of the city charter.
And your committee further charges that
the action of the Board of Safety in strictly
enforcing said order is a fragrant and scan
dalous violation of Section 102 OF the city
charter. which provision is as follows:
That 1t is hereby made the duty of said
city police force. at all times within such
city, and the members thereof are especial
~ empowered TO preserve peace, prevent
crime. detect and arrest offenders. . :
carefully observe and inspect all places Of
business under license, or required TO have
the same, all houses of ill-fame or prosti-
tuition, and houses where common prosti-
tutes resort or reside, all lottery or policy
shops. all gambling houses, cock pits. dance
houses, resorts, and TO suppress and restrain
all unlawful or disorderly conduct or prac-
tees. enforce and prevent the violation Of
all ordinances and laws in force In such
city"
We therefore find, from the evidence be-
fore the committee, and charge, that the
effect OF such an order was. and necessarily
Is, TO encourage crime instead OF prevent
ing 1T, and to protect willful violators of
the law, instead of hunting them down and
running them TO justice.
We find from such investigation that the
strict enforcement of said order destroyed
the very object of the criminal statutes Of
our State, and annulled and held to naught
the provisions OF the charter
We further find and charge that, by rea-
son of said order, gambling of all kinds,
such as dice shaking, crap games and poker
Rog Atcf 1R - 10 ~ 80
most fragrant and d~isgraceful type, have a
safe and sure retreat In the saloons of the
city; while at the same time, the young
girls and boys of the city, who wander into
these saloons out of tbs curiosity of child
ishness innocence. have not the protection
which the criminal laws of the State. OF
Indiana and the provisions of the city char
ter contemplated.
We. therefore. find and charge that the
members of the Board of Safety of said
city. HERETOFORE individually named, acting
in their official capacity, in the enforcement
OF said order, are guilty Of knowingly vio-
lating the above provision of said charter
by reason of promulgating the said order,
and demanding its strict enforcement by
the superintendent of police.
And We, therefore,, report said off1cfal
acts to the Common Council of said city as
in contrayention of the provisions or the
city charter and sufficient ground for the
Impeachment of said Board of Safety.
Item 2-We further find from our investf-
cation that E.. NJ. Johnson. the city con-
troller, has. without any authority of law.
used the money arising from the sale of
bridge bonds, which bonds your honorable
body, by virtue of the inherent power vest
ed under the law so to do, directed sold for
the specific purpose Of building bridges
across Fall creek, for the payment of the
general and current expenses of the city
government, thereby enabling the city ad-
ministration, by the unwarranted and un-
lawful use of said funds, to bridge over
what would otherwise be a large deficit In
the city treasury. Mr.. Johnson, the city
controller, stated under oath before your
committee that his books showed that $l54,-
000.32. the amount of the bridge fund, was
receipted for Sept. 2, 1899, at which time
there remained in the treasury of the park
fund, uneXpended for park purposes, or i'm
provement of parks, a balance of S7,5l1.4,
making a total balance for the specific pur-
pose of building bridges and improving
parks of s161. 81. 70. and that the whole
amount of cash balance standing to the
credit of the CITY was xlSS. 2l5. 10.
hat on the Sd day of March following,
his books only showed a cash balance of
$50, Gle. II, with u $500 of taxes then due the
city, making a total, including all funds,
specific and otherwise. of SS5, 1852, and he
further stated to your committee that If
there had been no specific appropriations
for bridge purposes and park purposes the
city would have been compelled to have
made a loan or quit paying the running eX-
penses of the city.
Your committee, therefore. charges and
presents that the city controller has, by his
own admission, suffered the appropriation
for the item of expense of building said
bridges to be drawn upon for another pur-
pose than that for which 1t was specifically
made, without authority given him by or
dinance, which action of the city controller,
your committee charges and presents, is an
open and fragrant violation of Section 81 of
the city charter, which provides. among
other things in fixing the controllers du-
ties, 'that he shall keep separate accounts
for each specific item OF appropriation
made by the Council to each department.
and require all warrants to state specihcal-
ly against which of said items the warrant
is drawn. Each account shall be accompa-
MED by a statement in detail, In separate
columns, of the several appropriations, the
amount drawn on each Appropriation, the
unpaid contracts charged against II, and
the balance standing to the credit of the
same. He shall not suffer any appropria-
ton TO be overdrawn, or the Appropriation
for one item of expense to be drawn upon
ment other than tina for which the appro-
p~riation was specifically made, except on
transfers authorized by ordinances
We. therefore, present and charge that the
official conduct of the controller OF said
city, as herein set forth, is in direct con-
f1ict with the provisions OF the city charter,
above stated, and is a good and sufiicient
cause for the removal of Mr.. Johnson from
the Office of city controller, and We there
fore report these facts for your careful con-
sideration.
THE MINORITY REPORT.
The report made out by Mr.. Perrott Is
as follows:
The undersigned, d minority Of your COM
mittee on investigation and impeachment
respectfully reports that, pursuant TO a
resolution adopted by the Common Coun-
Gil, on Jan. Is, 1900. which resolution READS
as follows
Whereas. Section Sc of the charter OF
the city of indianapolis provides that no
member of the fire or police FORCES OF the
city shall be removed for pontlcal causes;
and,
''Whereas, A large number of members
of the fire and police forces OF the city
have recently been removed without trial
or opportunity to make a defense; and,
whereas, 1t Is common report and open
ly stated in the newspapers OF the city tnat
said members of the fire and police forces
were discharged on account or their polltl-
cal affiliations and preferences, and Tor nc
other apparent reasons; therefore,, be 1t
Resolved, That, acting under the au'
thority vested in this Common Council by
Section q of the charter, that the inyesti-
cation and impeachment be and
are hereby directed to investigate the dis
missal of said members of the fire and po'
lice force, to ascertain whether or not the
provisions of the charter have been in any
way violated.
"And pursuant thereto said committee
shall have the power to compel the attend
ance of witnesses and the production OF
books, papers and other evidence at any
meeting of said COMMITTEES, and for that
purpose may issue SubpoenaS and cause the
same to be served and executed in any
part of Marion county.
"And said committee shall have the pow
er to hold it's meetings at any reasonable
time or times. as Ii see fit, and continue
such meetings from time to time until Its
Investigations have been completed, when
ii shall make a report thereof TO this Com
mon Council"
Whereby said committee was directed tc
ascertain whether or not the provisions OF
the city charter had been in any way vio-
lated by the discharge of certain members
of the fire and police forces, your commit
tee did investigate the discharge of the
said members of the fire n police forces
and finds that the charter was In no way
violated by the discharge of said firemer