The Butte inter mountain., 1903-12-21

mony shows conelusively that during the
months of May and June 1903, bail bonds
which were given by persons charged with
violating the ordinances of the city OF
Butte i'll relation to houses of prostitution.
gambling and slot machines, were collected
by an officer specially delegated for that
purpose, and all of the money turned into
the police court of the city of Butte That
after this period the mayor, Patrick Null
Inns, instructed the chief Of police TO collect
the bail bonds for the violation OF these
ordinances, rather than the officer who had
been previously delegated for that purpose
and authorized the chief OF police, contrary
TO law to retain for his own use 10 per
cent OF all sums so collected. These acts
OF the mayor in relation to this matter
are clearly iii violation OF his official oath
of Office, and contrary TO law. The tcsti-
mony further shows that the mayor OF
the city, during the month of May, 1903,
instructed Thomas Boyle the police mag
istrate OF the city Of Butte. to fix the bail
bonds for violation of the ordinance pro
hibiting gambling at amounts ranging from
$50 to $3.50 each. That afterwards the
mayor instructed the chief of police to
accept from the same persons charged with
to gambling amounts ranging from $50 to
5000. aud that the mayor alone fixed the
amount that each person charged with vio-
latmg the provisions OF the ordinance pro
hibiting gambling should pay as a bail
bond each month, and in accordance with
his ideas OF how much a person should pay
for violating the ordinance. That no suih-
eient reason was given why the above re
,itg ttatt t,tn Btn 4 G,ta III A.
the sums so to be collected we're TO be
collected and to be considered a license
In brief, the testimony shows that persons
were TO be permitted TO violate the ordi-
nanccs of the city OF Butte and the laws
OF the state OF Montana upon the payment
OF certain sum per month, and the tes-
tmony shows that this entire transaction
was conducted and carried on hy the sew
era city officers under the direction and
instruction OF the mayor OF the city. aud
that these violations were all counicnanced
and permitted under the instructions and
directions Of the mayor
THE testimony further shows that at
about the time your committee was ap-
pointed the mayor issued an order clos
ing these places entirely and that they
were 50 closed and SO remained closed
under the directions Of the mayor for some
considerable time And your committee
can but conclude that If the mayor OF the
city were desirous OF enforcing the laws
they can be enforced without any trouble,
and that when such places are allowed to
run in the city Of Butte they are allowed
to run by and with the sanction OF the
mayor of the city.
Your committee took an adjournment
from November ~ to December ~. 1903.
and when they rcconvcncd on the seven
teenth day Of December, 1908 the tesii-
mouy shows that the police department
Immediately learned that there was gam
bling going on in the city Of Butte, and
one Of the officers who gave testimony be
lore the committee left the committee meet
ing at its request and in less than one
half hour returned with information that
he found FIVE gambling houses being openly
conducted in the city of Butte. Your COM
mittee submits that if officers can in that
brief space Of time learn Of the violations
of law, il is strange that heretofore
they have been unable to find any viola
lions Of law. until it is called TO their at
tcniion. The excuse OF some oi the oiii-
GERS is that they have been too busy TO
undertake to enforce these provisions oil
The ordinances and laws Of the state OF
Montana. and yet the testimony shows
that gambling houses are within from 100
feet to 900 feet OF the city hall itself,
and that the officers made no effort TO pre-
vent violations OF the law or to ascer-
tain whether or not these provisions OF
law were violated and that they acted
under the instructions and directions OF
the mayor in so doing. And your commit
ice is OF the opinion that the officers oi
the city OF Butte have failed i'll this respect,
| wilfully to do their duty.
THE ordinances OF the city Of Butte
provide certain licenses for the conducting
| OF various businesses in the city Of Butte,
and your committee finds that parties have
| sometimes refused 10 pay such licenses
| and have attempted TO conduct such busi
| nesses in violation of such ordinances, and
when arrested and arraigned before The po-
| lice magistrate and charged with such yio-
| lation and a fine imposed In an amount
| equal to the amount Of such license, the
| mayor has in some instances remitted a
| portion OF the fine imposed, thereby rem
| dering nugatory and inefficient the efforts
| and authority Of the police magistrate
| and other officers, and the ordinances oi
the city. And while your committee rccog
| nizes the right, power and authority OF III,
mayor in certain mertorious cases, tc
remit fines and penalties, yet we do moi
| believe that il is within the powers o1
the mayor or contemplation Of the statutes
that he should arbitrarily and without an,
good reason, remit fines and penalties i'm
| Continued Page Twelve)