The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1908-06-25
YERKEs REFUSES TO
|NOORSE SMITH
CHARGES
TELLS COMMITTEE OF 100 INvEs.
TioATioN OF POLICE DEPART.
MENT ISN'T wARRANTEp-"We
WON'T QUIT" SAYS HUDSON.

In a letter sent by Prosecuting At
torney Yerkes 20 Jasper c. Gates. at
torney for the Committee OF l00,"
Wednesday morning. the prosecutor
makes known his determination not
to recommend to Gov Warner the
Investigation of charges against Po-
lice Commissioner Smith, for his fail.
ure to enforce the liquor laws The
letter follows:
June 81. 1905
Mr.. Jasper c. Gates and Associates.
City.
Gentlemen; With reference to the
petition and charges filed by your COM
inittee. asking the governor OF the
state or Michigan for the removal OF
Police Commissioner Fred W. Smith,
and requesting me 10 certify that said
charges demand an investigation. per-
NIT me 20 say that ! have gone over
the charges ia detail. and in addition
thereto nave made considerable OF
personal investigation into the matter
and have come TO the conclusion that
the charges, as presented. do not war
rant me In certifying the same TO the
governor and recommending that he in
stitute proceedings for the removal Of
the commissioner.
II some or the statements contained
In your afncavits as TO the commission
OF alleged ofrenses be true. it Is the
civic duty OF the signers of those ar
ndavits TO make complaint before an
examining magistrate. that d warrant
may issue and prosecution follow.
This office has never yet and never
Will neglect TO prosecute any complaint
In court. But cannot believe that be-
cause the commissioner OF police.
through his subordinates. fails TO de-
tect every ofrense against the statutes
OF this state, that that Is a ground for
the institution OF proceedings TO re-
move him, because of official miscon-
duct and willful neglect Of duty"
II Is a matter OF common knowledge
that at all times and in every commun-
ity some individual offenses unavoid-
ably go unpublished. and to hold that
because OF that fact charges should be
preferred against any one in connec-
ton with the administration OF the law
would be. In my opinion. violating the
spirit. II not the letter OF. the law.
Some OF the affldayits fiied in sup
port OF the charges against the COM
missioner show that many saloons were
closed. and that police officers were en-
gagged in closing others open in viola
ton OF the law.
1t Is not my province to pass upon
or discuss the conduct OF the office OF
police commissioner OF the city OF De-
troit except insofar as may be neces-
sary when l call your attention to the
fact that there has been nothing pre-
sented to me. nor have / discovered
anything In the present administration
OF that office so far as the discharge
OF the official duties Of the commits
sioner are concerned that is In any
way substantially different from the
administration of the affairs OF that
office for at least the last twenty years.
1t must also be apparent to your com
mittee that the conditions existing in
The city OF Detroit with reference to
the liouor traffic. are so much better
than they have been in times past as
to appeal to the consideration Of every
fair minded man having at heart the
good OF the community.
l need not go into details In that re-
gard. for the most superficial investi-
cation shows that there is less drunk
the use OF Intoxicating liquors. In pro-
portion to population, than in times
past.
1t is for these reasons that do not
which would warrant my taking the
position that the commissioner should
be placed on trial before the governor:
ED inst. I thought l made II plain to
your committee when you called on
me last week. that I would prosecute
me by any OF your committee. or by
any one employed by your committee.
But so that there may be no misun-
Outstanding in that regard, ! now say
to you that I am ready and willing TO
prosecute any complaint made by any
OF you, whore the evidence Is sufficient
to warrant n conviction.
II you will have your people make
complaint In the police court In the
usual manner or have Them come TO
my office the matter will receive our
prompt attention.
Yours truly,
GEORGE Il. YERKES.
Prosecuting Attorney.
Attorney Gates Is spending the day
at Tashmoo and could not be reached.
]. l.. Hudson, prominent member OF
the committee. says that the commit
tee will meet at once and decide upon
some action.
II cannot say what the committee
will do" Mr.. Hudson said. but we
will not let the matter drop. can as
sure you. We may appeal TO the gov
ernor direct, as we can do, or some
other step may be taken We won't
quit yet. anyway"
The Beet Pills Ever Sold.
After doctoring Is years for