The Butte inter mountain., 1903-12-21

of the affairs of the judicial department
of the city, shall so conduct that depart
ment as to be free from the influence or
control of any of the officials of the sew
eral other departments OF the city OF
Butte.
Sixth. II at the records OF the police
court of the city are kept in accordance
with all old custom That complaints are
filed against numerous persons aud en-
tered OH the docket under the name oil
some one Of these persons, and others.
thus preventing any check being obtained
as to the names of the persons who are
arrested other than the first name given.
We would recommend that the names oi
all persons against whom complaints lor
violations OF the ordinances OF the city
are fled he entered OH the complaints, and
afterwards entered i'll the police court
docket of the city OF Butte, and that when
a person shall have been committed to the
city Jail that a commitment shall be made
out and delivered to the city Jailer, and
that the city jailer shall be required on
the first OF each month to file away III a
proper place. all commitments received by
him during the month. We also find that
the records of the department have not
been properly cared for and that some
lGGUldS dlt lhISSillE itoh 'h' '''N~'
a part OF the leaves have been taken from
one OF the docket books OF the department,
and cannot be found or accounted for.
And we recommend that more careful
supervision of such records be required
of the officers in charge thereof.
"Seveentli-The testimony adduccd be-
fore the committee also shows that here
tofore it has been the custom OF the police
af tba rit pf Rttfe n
blank, a bond in a certain sum against
some person charged with the violation OF
a provision of the city ordinances. before
such person is arrested, and before COM
plant has been filed in the police court OF
the city Of Butte and that the chief oil po-
lice has been in the habit and custom OF
going to persons whom he might believe
were guilty OF violating some provision OF
the ordinance of the city OF Butte, giving
them receipt as a bail bond receipt to
appear in the police court at certain
time; and that following this procedure
complaints are drawn and filed III the po-
lice court OF the city against the parties,
however, not always naming them, ana
upon their failure to appear, the pohce
magistrate orders the money forfeited to
the city OF Butte, and no further proceed
ings are had in the matter Your commit
tee is informed that under the law the for
feiture by any person OF bal BOND does
not settle or dispose Of the charge when
is pending against such persons, aud that
the person who has paid money to the
chief of police or other officer, and such
money has been declared forfeited as
bail bond for nonappcarance TO stand trial,
is still subject and liable to prosecution for
the charge against him, Notwithstanding
such bail bond has been forfeited 10 the
city We would recommend that COM
plants be filed against persons charged
with violation OF the city ordinances. and
that the chief OF police and police officers
be required to arrest the persons charged
| with such violations OF the ordinances,
| and bring them before the police magis-
| trate, and that the police magistrate fix
| the bail bond Of said persons himself, and
| that such persons be required to appear
and stand trial, even though such bond be
forfeited. And we would therefore recon-
| mend that the ordinances OF the city OF
| Butte be so amended as to prohibit the
chief of police or any person other than
| the police magistrate from fixing or ap-
| proving the amount of bail that may be re
| quired from any person charged with the
violation OF the ordinances Of the city OF
| Butte, and that such amendments to the or
| dinances OF the city shall be made as will
| provide for complete system for the pay
| ment Of fine and forfciiures OF bail bonds
| into the police court of the city OF Butte,
| and not through other departments, and
| that such amendments shall be made as
! will keep the police department separate
| and distinct from the judicial department
OF the city OF Butte.
"Eighth-That the police department
OF the city OF Butte has been conducted
in such manner as TO provide protection
| from arrest, persons violating certain or
dinances OF the city OF Butte, contrary TO
| the provisions OF law. 1t is perhaps but
| justice TO the police department to say that
| the testimony shows that they have acted
under the directions OF the mayor of the
city OF Butte. But your committee are UNI
able to find any provision of law which au-
thorzes the chief OF police, whether under
the direction OF the mayor OF the city or
not. TO fail to enforce the laws OF the
state Of Montana, or the ordinances of the
city of Butte. The testimony shows that
! gambling in violation OF law has been open
| ly conducted in the city of Butte with the
knowledge and consent Of the chief Of po-
lice and the subordinate officers under him.
That these violations Of law have been toll
Grated under system OF collecting GER
tain sums Of money from persons charged
with conducting gambling games contrary
to law, as bail bond, and paid into the
city. That these amounts are collected
once each month, and with The understand
ing that the parties paying said money
shall be not liable to further prosecution
for any violation Of such ordinance for a
period of one month, and that tho police
department have knowingly permitted these
violations OF law to continue from month
to month upon the payment of certain
sums upon the first of each month We
recommend that the police department OF
the city OF Butte be instructed by the city
council that it is the duty of the officers
Of that department to enforce the laws ol
the state of Montana, and the ordinances
of the city OF Butte, irrespective OF the
wishes of the officers OF any other depart
ment of the city, OF all times, and that the
officers OF that department be further d
rectcd to enforce all the laws OF the stat.
| If Montaua and the ordinances of the cit,