The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-10-10
ALDERMAN O'LEARY'S DEFENSE
Anaconda Alderman Submits an Open
Letter on the Gordon Police
Case
Especial to Inter Mountain.)

Anaconda, Oct. 10. Alderman
O'Leary, who figured conspicuously in
the trouble which took place in the city
council chamber last Monday night, in
sists that the position he took in the
matter under discussion, at the time the
trouble occurred, that Of referring the
case Of Patrolman Gordon to the police
committee, has never been stated cor
rectly. This morning he handed in the
following communication, defi;.ing the
stand he has taken in the controversy,
for which he takes the responsibility.
Alderman O'Leary's letter reads:
Anaconda, October 10, 1901.
To the Inter Mountain:--I respectfully
submit this statement with the hope
that it will aid the public in arriving at
an intelligent conclusion as to the mer-
its Of the question at issue between the
mayor and the majority of the city
council, in so far as it applies to the
communication from the mayor recon-
mending that the suspension of Officer
Gordon be made permanent.
After the communication had been
read by the clerk it was Immediately re-
ferred to the police committee by the
mayor. I raised the point Of order that
the mayor had no right to refer the
ing been read by the clerk it was then
in the hands Of the council to make
such disposition of it as they, IN their
wisdom, deemed advisable
I maintained, and still maintain, that
the council had a right to investigate
the charges preferred against Officer
Gordon in open session, or that they
could refer the matter to the standing
police committee, or they might elect
from the floor a joint standing commit
tee in the consideration Of the matter
referred to them by the council with
such instructions and limitations as thu
council may elect; or the council NAV
resolve itself into committee of the
whole for the purpose of investigating
the matter and it requires only a ma
jority vote to do those things.
I therefore moved that the matter be
investigated by the entire council in
open session. The mayor ruled the mo-
ton out Of order; 1 then appealed from
his ruling and he refused to put my ap-
peal. A motion was then made by Alder
man Williams to refer the matter to the
police committee. I then moved an
amendment that it be investigated III
open session; the motion was not enter
tanned. I took another appeal and the
chair refused to put it. From his own
ruling the question was then ON the
adoption of the original motion to refer,
and was lost by vote OF to 4, then AL
derman Williams raised the point of or
der that it required two-thirds vote to
take any action upon the matter, except
through the police committee. I dissent
ed and the chair called on Mr.. Sawyer,
city attorney to decide the matter.
protested on the ground that it was not
a part Of the duties of the city attorney
to decide questions of parliamentary law
I was ordered to sit down under pain Of
being removed from the council cham
Der; Mr.. Sawyer took the floor and stat
ed that it required a twO-thirds vote to
the charges, and that any
other course. if pursued by the council.
would be illegal and cited as authority.
this much talked Of rule 80 of the adopt
ed rules under which We are working, as
follows:
These rules may be temporarily sus-
pended by two-thirds vote OF all men,
bers present, but shall not be repealed.
altered or amended unless by concurrence
of three fourths of all the aldermen
The above refers to the general rules
under which we are working; my con-
tention is that the disposition of this
matter in the manner stated above is not
in any way inconsistent with our adopt
ed rules and therefore is decided by a
vote.
Now, what are the rules relating to
standing committees, one of which is the
co,;ce committee!
In the very next paragraph to rule 50
defining the duties of standing commit
tees is self-explanatory. Here 1t is:
Standing committees-said committee
shall be empowered and authorized to in
yestigate any and all subjects referred
to them by the council"
Can there be anything palmer than
that?
Speaking Of committees. calls to mind
the fact that call was sent out yester-
day by Chairman CARRIER of the police
committee for a meeting Of the commit
tee at the city hall for the purpose of
taking testimony on the Officer Gordon
case. He was acting under instructions
from the city attorney. 1t would be Well
for the city attorney to remember that
the committees of the council are the
DELEGATES. the representatives as it wer..
IF the council to consider or investigate
such matters as are referred to them
from time to time by the council. and
thev can not act for the council, they
can not speak for the council. they can
rot investigate for the council. they can
not take testimony for the council, unless
the council by a ma jordty. delegates to