The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-02-20

the mayor whatever you think best.
You can't compel Dr. Mcfarland to pro-
duce any testimony. This is one kind
of investigation.
THE other kind of an investigation
can be held in strict compliance with
the ordinance. This would be in the
nature of a judicial proceeding, ana
would have to be strictly in accordance
with the ordinance. Such an inves1ga-
ton would give you authority to re-
move an officer for cause. The charges
must be filed in writing, distinctly and
specifically alleging the offense. For in
stance, if it is alleged that a certain
policeman was drunk. the charge must
specify that on certain day, at a GER
tain hour at certain place, said officer
was guilty of intoxicatfon. Further be-
fore such an allegation can be investl-
gated, the council must vote to inVesI-
gate it.
There are now no charges before this
council in legal form. They are not IN
the form required by ordinance. There
fore you can't proceed tonight under
the ordinance. The only question is
whether you desire to go ahead and get
whatever information you can, so that
upon that information you can base
definite charges, or obtain information
for any other purpose"
At the close of Mr.. Spencer's remarks,
Mr.. Griley, chairman of the police COM
mittee, moved that the council go ahead
and get what information possible by
means of an informal investigation
This brought forth a statement from
DR.. McFarland's counsel, Judge Carver.
Judge Carver said:
GIVES McFARLAND'S SIDE.
4 appear for DR.. Mcfarland in this
case. 1t seems that great many are
anxious for an Investigation DR.. Nc
Farland has not charge of the ma
chinery for an investigation. / agree
with the Interpretation of the law as
given by the city attorney There are
many reasons why it is useless for US
: To he q
pure hOrSeplay. AS business men we do
not want to indulge in play.
"A general charge has been made
against the police force No doubt there
arc many worthy men on this force. II
you proceed with an unofficial inVeStl-
CATION you are bound 10 take great
deal of testimony which is not good III
court. It would be gross injustice to
the men on the force It seems strange
that the council does not go into this
matter in the usual way. Have a com
mittee appointed to make a quiet ana
thorough investigations and report
charges TO the council. if any are found
Let them take such evidence as they
see fit, and report whether there is rea-
sonable ground for investigation. The
mayor stated that he could give DR. Nc
Farland a fair trial 1t might as well
be distinctly understood that DR.. Nc
Farland is not on trial If we have wit
neSSeS, some of them Will be unwilling
witnesses. They will have to be dragged
to this council chamber, and testimony
will have to be dragged out of them
If DR.. Mcfarland acts upon my advice
he will have nothing whatever to &C,
with unofficial investigation. He wiz
gladly give to a small committee all his
evidence He has evidence which il
witnesses can be compelled to come here
and testify will make some of these gem
tlemen less anxious for an investigation
DR.. Mcfarland is 1aot going to in
dulge in any horseplay for the benefit Of
this audience or the public 1t would
be unjust to indulge in hearsay evil
dence. If anybody here thinks that he
can turn this meeting into an invesn
cation of DR.. Mcfarland. he may as
well realize that it viii take no such
course"
T. F. DORAN's REPLY.
In order to sustain the joint debate
feature of the evenings programme. the
arguments of the police were presented
by their attorney. T. F. Doran. He said
in Dart:
7 agree with what the city attorney
investigation Of these charges here to-
night, it must be wholly a mutual
affair. Mr.. Carver says this will be a
farce / answer that it is a serious
matter We want no farce We want no
horseplay. The gentlemen for whom
speak tonight think that DR.. Mcfarland
has been indulging in hOrseplay from
the pulpit He has been putting before
not only his audience in the church, but
the people Of the city, state and nation
lndiseriminate charges against this po-
lice force.
THE people for whom 1 speak are
nothing but policemen. But they ought
to have some rights which even Dr.
Mcfarland is compelled to respect
They have gone before the county at
torney, and have been denied a war
rant for DR.. McFarland's arrest They
have gone before the police committee
and DIR. Mcfarland has refused to APP
pear. They even asked that the police
committee be doubled in numbers to
avoid all suspicion of unfairness
have in my pocket DR.. McFarland's
reply TO the invitation to present his
evidence to that committee. Now you
1 have the matter before you. You have
opened the doors and have invited DR.
Mcfarland to come here and present
his charges. And he has again re-
fused"
Mr.. Doran then read the pulpit edi-
toriaT which is causing all the trouble
and commented effectively upon it as
he read. He said among other things:
I The charge is made that the mem
/ bers of the force are Intoxicated. / am
authorized on behalf Of Mayor Parker
1 to say that if this charge is true. and
II there is man on the force guilty of
! intoxication. he viii be instantly dis
4 In several instances which have been
brought before the police committee.
IF DR. Mcfarland made these
charges without evidence to substan.
/ tate them, be should 60 into his pulpit
and on Bonded knees ask God to for
4 give him, to say nothing of these poor
4 men whom he has slandeTed- No man
/ can do a viler thing than to rob a man