The Butte inter mountain., 1903-12-21
PEACHMENT OF
MAYOR PROBABLE
wExOW" COMMITTEE OF THE CITY
COUNCIL RECOMMENDS AN
INVESTIGATION
FINDS THE MAYOR GUILTY
Mafeasance in Office Charged-PoIice
Chief, Captain and Judge Are
Also Found Fault With.
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posed by the police magistrate, in his ef-
forts TO enforce the license ordinances Of
the city. And we further submit that such
| practice, If continued, will very seriously
| impair the usefulness and effectiveness Of
| the judicial department OF the city, and
| tend 10 breed disrespect for the powers
| and authority OF the police magistrate.
I'VE further find that the mayor of the
city has on some occasions advised the city
| physician not TO have warrants issucd
| against persons charged with the violations
| Of the city quarantine ordinances for the
| reason that such parties meant no harm
| by such violation. and that the mayor
| further directed the police magistrate not
| TO isSue the warrants iii such instances,
| for the same reason. From the evidence
before your committee, II appears that such
eases were open, notorious fragrant and
wilful violations OF the health ordinances,
and that the parties we'll knew that their
conduct was in violation of said ordinances.
And We submit that it is not within either
the province or powers OF the mayor to
decide in advance Of the hearing that
said parties meant 10 harm. The law pre-
sumcs that man intends the natural
and probable and logical consequences OF
his own acts. and that said parties il the
violation oI said ordinances intended all
the harm that would OF might naturally
follow from such violation and that they
showed Il reckless disregard of the ordi
uances OF the city. and the people OF the
city as well. and that the mayor did like
wise i'll sanctioning and upholdng them
in such actions The fact that the parties
may or may not have intended harm by
their course was not material to the case,
| and would constitute no defense to their
! prosecution.
I'VE further find that on one occasion
| certain party lost the sum Of $1,000 in
gambling house in the city o. Butte.
| That said party was robbed oi his money
| by means Of a so-callcd 'surcthing game.
| That the mayor OF the city. learning OF
the said robbery, went to the party who
uas conducting said surcthing' game and
demanded of him the $1,000. claiming it
| III his official capacity as mayor, ior the
| purpose OF returning il TO the rightful
owner That the said amount was turned
over 10 the mayor in his Official capacity,
and that the mayor then closed said gam
bling house. That the mayor caused no
arrests to be made for the robbery. and
no criminal proceedings were instituted
mayor still holds and retains the said sum
Of $1,000, and refuses to deliver it to
either the party from whom he received il
or the party who lost il although demand
has frequently been made upon him for
The samr by the party who lost said money
and said party has been compelled to
bring suit against the said mayor for
SAME, and that the mayor is now contest
ing in the courts Of the state the right OF
said party 10 said money, notwithstanding
the fact that his only reason Tor demand
ing said money Was for the protection Of
tae party now suing him for it. That the
mayor exceeded his powers, duties and
afticial authority in collecting said money,
for the reason that he was never requested
OF authorized BY the riehtfrl owner or
any other person 10 collect said money.
That the mayor has not deposited said
money in court. nor in the city treasury.
nor III any bank for safe keeping to abide
the result OF the suit now pending i'll the
state courts against him for said money;
and that the mayor has used his official
position 10 collect and retain money that
he had 10 authority to collect or retain.
Your committee also finds that the
mayor OF the city has employed persons
10 work on the streets OF the city with the
|
earnings from the city should be received
by the mayor from such party, to be
applied by the mayor on certain individual
Indebtedness due to the mayor from
such persons. thereby violating his official
oath and duties, and making the citys in
tercsts subsequent to his own.
Your committee during its sittings re-
questcd the mayor of the city OF Butte to
appear before it. which he refused to do.
That II was the purpose and intention
Of this committee to at all times hear the
mayor and advise and consult with him
relative to the conduct Of the affairs Of
the city, so that the citys affairs might be
investigated and conducted in proper
manner, and your committee extended him
an invitation to be present at all times
during the sittings of the committee for
the purpose of advising ana consulting
with the committee in its work. The
mayor refused to assist the committee in
in any manner. or to attend its meetings
| and refused to appear before the com.
mittee to give testimony. And your com
| mittee submits that its work would have
! been much easier and more effective hat
| the mayor lent such assistance as wa.
| within his power to your committee. Blu
| instead OF assisting your committee, al
| we believe was his duty as mayor of th,
| city of Butte so to do, your committee ha
reason to believe that the mayor use,
every means in his power to hinder ant
: delay the committee in its work and tt
| render its work as ineffective as possible
"In conclusion your committee finds:
"First-That the mayor of the city 0
Butte has been guilty of gross malfeasanc
| and misconduct in Office, and hagrant vic
| lations of his oath of office, by his failur
and refusal to enforce the laws of the stat
of Montana and the ordinances of the cit
of Butte, and in his official protection t
| parties guilty of the violations Of such law
and ordinances.
1 "Second-That the police judge of tn
city of Butte had been negligent an
| dcrelict in his official duties and that
has allowed other city officials to interfel
/ | Until ar,I To Tent cntafr0l the ont