The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-01-16
Some Of Them Are Charged with
Drunkenness and Others with
immoral Conduct.
ADMINISTRATIONS FIRST GUN
Is AN EFFORT TO SHOW INEFFI-
CHENEY OF THE MEN LET OUT.
The Case Is Argued I'm the Superior
Court Before Judge Carter
During the Day.

the State of Indiana on the relation of
Jacob ID. Kurtz and others, Judge Carter,
of Room 3. Superior Court. yesterday heard
argument on demurrer. This is the suit
which grew out of the recent wholesale
discharge of policemen and firemen by the
Department of Public Safety. The suit was
brought n short time ago by the law firm
of Duncan, Smith & Hornbr ook, to COM
pei the Board of Safety by writ of man.
date to reinstate certain of the discharged
policemen. The action was based on the
contention that the board had no right
to discharge these men without trial.
Yesterday City Attorney Kern filed a
document i'm the case in the form of an
answer which contains some sensational
names appear as REALTORS in the manda-
tory suit. The answer. before taking up
each specific case, says that prior to Dec.
Is. the Board of Public Safety investi-
gated the standing and conduct of these
men with the view Of ascertaining their ef-
hciency and fitness as police officers. and
az a result OF such investigation has found
the facts to be that all of these REALTORS
were inefficient officers land that to MAIN
tain the efficiency of the police force of
said city it was necessary that they and
each of them be removed therefrom."
HAD FORMED A CLIQUE.
The answer then takes UP the case of
Jacob d. Kurtz and declares that he. with
the other REALTORS, John f. Kurtz, Daniel
A. Butcher. Harry c. Barbee, Asbury d.
Rinker, Ira Leet, Frederick Gonsaulus,
Elmer Stoddard. Terrence Moore, William
Cox. Thomas Stout, and other patrolmen,
had formed a sort of organization or
clique which was constantly disturbing and
interfering with the discipline of the po-
lice department.; that the said persons in
said organization were in the habit of con-
gregating in and about the roll call room.
where, in the presence OF other patrol
men, they would engage in criticism of
the police department and the captains
and superior officers thereof; and when at
roll call orders were issued by the cap
tain OF the police force they would ex-
press their disapproval or contempt for
such orders by looking at each other and
winlcing and laughing in a contemptuous
manner, and by making whispering re-
marks end in general conducting them
selves in a manner disrespectful to the SUI
Ierior officers in charge of the roll call,
which conduct at roll call time was con-
tinued by said REALTORS for several months
prior to their discharge. and became so
open and notorious as to attract the at
tention of all the patrolmen and caused
common talk among the members of the
police force as to the conduct of said re-
,stors; that the said Jacob Kurtz drank
intoxicating liquors almost continuously in
violation of the ORDERS and rules of the
department.; that he was a man Of very
violent temper, rude and insulting in his
manner toward citizens and people with
whom he came in contact upon the dis
trlcts patroled by him; that he would use
vile and profane language toward citizens
upon his district and on account OF his
violent temper was in frequent quarrels
with his brother patrolmen, in addition to
all Of which he was neglectful and in,
dolent ir the discharge of his duties, and
when assigned to patrol district with
other member of the police force he would
constantly criticise the conduct of the de-
rartment and would speak in disrespect-
full manner of the superintendent, captains
and sergeants thereof"
AGAINST JOHN F. KURTZ.
The answer makes some serious charges
against John f. Kurtz, declaring that for
a year or more prior to his dismissal he
was a constant and excessive drinker of
intoxicating liquors. "and being the bailiff
of the police court 1t was common thing
for him to appear at the court In the morn
ing in such an intoxicated condition as to
be almost unable to perform his duties,
and on account thereof became gruff and
insulting toward persons having business
at the police court, and though frequently
talked to and demonstrated with on account
OF such conduct by the superintendent,
captains and sergeants, and members OF
the police force, warning him against
drinking and requesting him TO refrain
therefrom. he continued In violation of the
rules of the department, to indulge in in
toxicating drinks and would become fire.
quently intoxicated until he had rendered
himself almost unfit to perform any duty
assigned 10 him as member OF the police
force. being entirely inefficient and incom-
petent.'
1t is charged that Daniel A. Butcher, in
addition 10 being one of the principal lead
ers OF the clique" referred TO was indo-
lent and lazy In the discharge Of the duties
required In patroling his district and when
upon night duty, instead of being actively
engaged in patroling his district would
seek some place where he could not be OBJ
served, and would lie down during many
hours of the night, simply moving about
when required to call up police headquar-
tiers or when he was expecting to meet the
sergeant in charge the district that
he continuously talked with other patrol
men in n disrespectful way about his SUI
perior officers. telling the patrolmen that
the captains on the force were too ignorant
10 hold such positions, and that IL was a
shame that such men as himself and other
patrolmen on the force had to be COM
manded by such captains; that while a
member of the police force he was In the
habit OF meeting q. woman OF immoral
character at wineroom on East Wash
ington street, going TO said place while on
duty, and endeavored TO persuade his fell
| low patrolmen assigned to do duty with
him, TO go TO winerooms for the purpose
of meeting a woman of immoral charac-
| ter as a result OF all of which the said
| Butcher was negiectful and inefficient i'm
| the discharge OF his duties as an officer"
BARBEES STANDING
/ AS TO Harry c. Barbee. the answer AYERS
that 'he was indolent and insulting as to
nearly every one With whom he came In
contact as officer while patroling his
district; that he was in the habit of drink
| ing intoxicating liquors To excess; that a
| few months before his discharge he was
| I'm the habit of going to house of pros
| titution. located between Capital avenue
| and White river and spending much time
/ at this place. the said resort being one OF
| the lowest kind; that he was a man that
\ was untruthful, and whose word could not
/ be relied upon I'm his reports to his superior
] officers.
| '.It Is charged that Asbury Rinker was
also one OF the leaders OF the clique. and