Vernon County censor. [volume] (Viroqua, Wis.) 1865-1955, 1906-04-04
GOVERNOR DAVIDSON HOLDS
CHARGES NOT SUSTAINED.
GOOD DISTRICT ATTORNEY
County Officer Properly Refused to
Bring Prosecution Demanded by
Dsreputable Petitioner Who Had
Served Jail Sentence for Assault
With Serious Intent.
Madison, March 30.

MdulSOns mdICn -.
The formal decision of Governor
Davidson dismissing the proceedings
against District Attorney A. J. Myr-
land Of Burnett county was announced
Yesterday. The governor reviews the
facts Of the case and finds that there
is no evidence for a charge that the
district attorney acted other than in
good faith and carefully and consci-
enciously performed his duties. The
decision is as follows:
After reading the charges and the
petition of Mr.. Dirkes and the answer
OF the respondent Mr.. Myrland, and
after listening to the testimony pro
duced by the pet'tione. and the re-
spont ent, erd after Tearing the assist
ant attorney senerd in behalf of the
petitioner ana Mr.. Myrland, the re-
spondent, in his own behalf. find
that the petitioner is d resident and
taxpayer OK the town Of Dewey in
Burnett county Wisconsin, and that
the respondent, Mr.. Myrland, is the
district attorney of Burnett county as
set forth in he petition.
Charges not Sustained.
Il further fiad that the charge of
willful neglect on the part of the dis
trict attorney IS not sustained by the
evidence.
Il appears from the tsstimony that
In tho month Of August. 1904, the pc
litioner, Peter Dirkes, and one Ole
Olson a neighbor, met in the village
Of Shell Lake; that they visited sa-
looms together and drank intoxicating
liquors; hat Mr.. Olson returned home
with Mr. nirkes and entered the lat
.er'S house; that there a quarrel be-
gan There was some dispute in the
testimony as to whether Mr.. Olson
first attacked Mr. Dirkes or whether
Mr. Dirkes was the first offender 1t
was undsputed however that the pc
titioner, Mr.. Dirkes, followed Olson
down the road and knocked him down
with q club and severely beat him.
He inflicted such severe punishment
upon Mr.. Olson that he was confined
20 his bed for some time. and the in
iuiies were of a very serious nature.
Mr. Dirkes was arrested and convict
ed Of the crime of assault with intent
10 do great bodily harm He was
sentenced and served a term in the
county jail While confined In Jail
the petitioner requested the district
attorney to begin prosecution against
Mr. Olson for the part he took in the
fight in August, 1904. The district
attorney refused and gave as his rea-
son that the county had already been
pat 10 a large expense because of the
trouble between The petitioner and
Mr. Olson. Wien Mr.. Dirkes was re.
leased from confinement he again re-
apesfeG the dis attorney to pros
ecute Mr. Olson and was again re-
fused There Is not testimony that
She district attorney in refusing to
prosecute, was animated by any cor.
rupt motive
Office Requires Discretion.
The Office of district attorney is
one requiring judicial discretion.
WHEN a citizen reports to a district
attorney that an onense has been
the district attorney must
determine to his own satisfaction, two
things list. Whether an ofense which
he IS required b. Law to prosecute,
BIAS been committed. ID Whether suf-
icient evidence can be produced at
he trial to convict the offender. A
district attorney is not required to
bring prosecution unless he believes
that there is reasonable probability
Of conviction.
No evidence whatever has been
produced indicating that Mr. Myrland,
he respondent in refusing to prose
cute Mr. Olson, did not act in good
faith and for the public good, The
complaint is therefore dismissed. and
the prayer of the petitioner is de-