Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1906-02-23
GALEN ASKED
TO INTERFERE
The Attorney General Declines to
Take Up the Prosecution Of the
Gamblers in Butte.
IS COUNTY ATTORNEYS DUTY
will Act II Civic League Will Secure
Evidence and Swear to Com
plants.

ev1oence ana swear to Com
plants.
Helena, Mont, Feb. 21.-Attorney
General Albert J. Galen will not take
IL upon himself to prosecute propri-
etors of Butte gambling houses. This
decision was announced at the conclu-
sion of an interview between himself
and committee representing the
Butte Civic league, at the attorney
generals Office today.
In order that there might be no mis-
understanding as to mis- attitude, At
torney General Galen replied in writ
ing, the essence of the reply being that
there are multifarious duties in his Of
hce, which occupy all of his time.
as we'll as of his assistants, and fur
thermore. that there is no fund avail.
able to defray the expenses contin-
gent upon his leaving Helena.
Not County Attorney.
He also called attention to the fact
that while the attorney general is vest
ed with supervisory control over coun-
ty attorneys, yet he cannot discharge
all the duties for which the latter are
elected. He further stated that it is
the duty Of the county attorney to
prosecute accusations for violations of
the law, and if he refuses, or neg
!ects to discharge his duty, he may
be compelled SO to do. The latter
stated that if the gambling law was
being violated, and complaint filed,
properly supported by the evidence,
the attorney general would see that
prosecution is duly and vigorously
made, and, further, that he would
place himself in communication with
County Attorney Healy at Butte. re.
specting the matter.
The committee, headed by William
Scallon, called upon Attorney General
Galen today, and the situation in that
city was thoroughly gone over and dis
cussed. Tonight the reply of the at
torney general was delivered to the
committee, it being as follows:
Mr.. GaIen's Reply.
AT the conclusion of the interview
had this afternoon with yourself and
other members of the committee of
the Butte Civic league, respecting the
violation Of the gambling law in the
city of Butte, stated to you that
would reduce to writing my views re-
specting the subject matter, and, &C.
cord1ngly, address to you this COM
municatiOn.
AS stated to yourself and commit
tee this evening, l believe that the
question of the enforcement of this
law is neither one of sentiment nor
politics. It is sufficient only for the
on1cers who are sworn to uphold and
enforce the law, and who are paid
salaries for that purpose, that the law
Is on the statute books, and that it's
violation constitutes crime, in order
that they should act If it is consider
ed by majority of the people as
bad law, the best and surest means of
securing its repeal is by its enforce
ment.
1 think your league, composed as
1t is, of numerous reputable citizens
and taxpayers, is deserving of con-
sideratiOn at my hands. However. the
great difficulty confronting me is the
modus operandi.
Too Much Work.
"The work of my office is now more
than myself and assistants can prop.
erly attend to, and demands the time
and attention of each and all of us at
home, and such has been the condi-
ton of affairs since my installation.
We have many times had earnest re-
quests to appear in district courts to
assist county attorneys in upholding
and enforcing the law, but have uni
fOrmly refused and insisted that such
matters were within the exclusive pro.
vince OF the county attorney so long
as he endeavOred to faithfully per-
form his duty. When the demands
upon our time at home, which is our
chief station of duty, are lessened, we
would have no hesitancy in entertain
Ing favorably such invitations and re.
quests in proper cases. With gamb.
ling, as with other violations of the
law, the burden of the prosecution
must rest primarily with the local au-
thority. It is quite obvious that I, as
attorney general, charged as am
with other and multifarious duties, and
compelled to reside here, and to keep
my office open for the transaction of
business from all parts of the state,
cannot, with my present corps of as
sistnts, be expected to investigate re-
specting crimes committed at distant
points.
Supervisory Control Only.
"The attorney general is vested with
supervisory control over county attOr-
neys, but he cannot discharge all the
duties for which the county attorneys
arc elected. To do so would require a
corps of assistants and an expense
account not now authorized or given
by law. To enforce the gambling law
as we'll as any other law cooperation
is necessary and desirable between
the county attorney, peace officers
and the citizens as well.
"As I stated to you, the amount of
appropriation available for my entire
Office and travelling expense is but
$400, which sum is so inadequate that
even though had the necessary spare
time to attend to such outside matters,
I have not the available means.
Difficult Question.
"As I have stated before. the mode
Of procedure appears most difficult to
me at this time, for I realize that a
false step on my part, though honest
ly made, might subject me to public
condemnation. You and law-abiding
citizens have a duty to perform in en-
forcing the law which you cannot shirk