The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-09-21
JUSTICE BADGER MAKES STATE.
MENT
In Reply to Interview With County
Attorney Herbert e. Norris.

To the Editor:-My attention has
been called to an article which ap-
peared in your paper in the issue of
September 10th, under the heading
l'Not to be bOSsed Police Justice
cans dictate to County Board" and
inaccuracies and misstatements as to
| the real facts in the matter therein
referred to, and is calculated, there
by, and by the heading mentioned,
to place the undersigned in a very
false and absurd position, l respect
| fully request that you publish this
reply thereto and explanation of the
matters therein mentioned. On the
morning of "Wednesday, the 18th of
September, l was informed by the
Chief of Police that he had taken up
and placed in the city guard house a
woman and her two children, who
the officers had found wandering on
| the streets, in demented condition,
I and acting and talking in very loud,
boisterous and disOrderly manner to
such an extent that a great crowd of
people was following her about
through curiosity and interest; imme-
diately upon the receipt of this infor-
nation, | examined the law and salts
fled myself that the matter was one
for the care and disposition of the
accordingly, l at once sent word to
Mr.. Len II. Adams. the chairman of
| said board, and requested that he call
| at my office. which he Immediately
| did. | thereupon read the law. The
Code section 3545, applying to the
removal of paupers to the county of
! their settlement, and other provisions
of the law, and Mr.. Adams asked me
| to hold the woman and children until
= s,,rr I1nro hn In
send and get her and take charge of
her. This 1 did On the afternoon of
the next day Thursday, upon en-
quiry. / ascertained that the parties
were still in the guard house, as Mr..
Adams had not sent for them There
upon, the city attorney at my request,
accompanied me to the office or place
of business of Mr.. Adams and we
again explained the provisions of the
law to him and asked that he perform
his duty and relieve the city of the
care of these unfortunate people. We
explained to him that they were being
held simply for their own protection
and that of the public, as the woman
was very insane and capable of doing
damage to herself, her children or
the public. We furthermore Informed
Mr.. Adams that the woman had come
here from Harnett county and that
the law provided for her removal by
the county authorities, to that county
as the county of her settlement. Mr..
Adams replied that the county attor-
ney was out of town and that he was
expected to return that afternoon and
promised us that he would see him
in regard to the case. He further
more informed us that he had written
to the chairman of the Board of Com
missioners of Harnett county and that
he would let us know as soon as he
heard from him. On the afternoon
of the next day I went to the office
of the county attorney and found that
he was still out of town. Again on
Saturday l phoned to the residence, of
the county attorney, and also TO his
office and was informed again that
he was still out of town. In the
meantime Mr.. Adams had neither
called to see me, or phoned or sent
any message whatsoever, and the Wo-
man and children were still in the
guard house. This condition continued
until Monday, when the city attorney
and myself went before the Board of
County Commissioners at it's meeting,
at II o'clock, and explained the Sit
uation to them in full and reiterated
the statement that the city had mol
jurisdiction or power to send paupers
to their proper counties nor to COM
nit insane persons to the asylum, but
that it was the clear duty of the coun-
ty author1ties : We again explained
that the RoIice Justice was holding
these people from proper regard
for their own welfare and that of the
public, and only until the county au-
thorities would take the proper legal
steps to dispose of them. We con-
tended that the woman was disorderly
on the streets, and that, had L been
so disposed, l could have legally com
mitted the woman to the Jail or to /
the County Home. That the sheriff
had also refused to take them under
commitment from a justice OF the
peace, and that l was relying upon
Mr. Adams to take charge of them.
Mr.. Adams, the chairman, and also
the county attorney then Informed us
that the board Cor it's chairman would
send for the woman and children, GER
tainly by two o'clock, and again re-
uuested me to hold them until that
hour They were, therefore and for
that reason, held until two o'clock;
the board still failed to send for them
and they remained in the guard house
until sometime during the morning
of the next day (Tuesday) when Con-
stable Pope came and got them. IN
der the conditions above recited the
unfortunate people remained in the
city guard house for more than six
days, pending the decision of the
chairman of the County Commission
erS.
1t was never commended by the chair
man or by the county attorney that
it was not the legal duty of the coun-
ty authorities to take charge of the
woman and children; on the contrary,
the Interpretation of the law as made
by the city attorney to the board, at
it's meeting, was agreed to, or, at least,
not controverted, by the county attor-
ney. Therefore, if the county attor-
ney knew, what the plain provisions
of the law required, that the case was
one for the county authorities, and,
Notwithstanding that knowledge, he
refused to take the proper steps to-
ward carrying out that duty for the
reason (as he states in the article re-
ferred to) that he was simply waiting
for the Police Justice to crack his
whip, and that as nothing was to be
done, he would have the woman and
her two children returned to Harnett
county," the undersigned Police JUS
tice, is content to let the matter OF