The Detroit times., 1908-06-26
TART LETTER SENT
TO YERkEs By
COMMITTEE
POINTS OUT PROSECUTION or
LIQUOR CASES ResTs WITH HIN \
AND PoLIcE--PosiTioN ON
SMITH CHARGES RIplcuLEn.

&"~~~~@~
Friday sent the following letter IN ~
ply to one from Prosecuting Attorney
Yerkes In which he refused to recon-
mend to Governor Warner the inveos
tigation OF charges against Polteo
Commissioner Smith:
George b. Yerkes.
Prosecuting Attorney,
Wayne County Michigan:
yo Tns OF the a9sh inst relating to tSs
petition and charges addressed g ~
governor OF the state and praying k9t
the removal of Police CommisssonSS'
on the 18th inst. presented TO you
and requested your signature TO q cSr-
tincate thereon in accordance Win tnS
within petition demands an investfga-
ton" You say that you have come
to the conclusion that the charges -
presented do not warrant me In csrs.SS
recommending that he institute pro-
ceedings for the removal OK the com~
missioner"
"a We did not ask and the statue
does not require any such recommends
alton. The only question preserves -
you was whether the case s.srs1scn
This Is to be determined from tne 49,
OF the charges themselves and n0s
from the personal invsssus
What Charges show.
(2) Our charges show:
| ta) That the laws OF this state, res
lating to the sale OF intoxicatin3
npenly n anc n NOT violated By
| hundreds of persons In every part %
fbS That information Of these vic.
| lations had from time to time peen
furnished to the police commissioners
that on the 26th day OF May, last. IN
the presence of meeting or the CON-
that he had received this information;
and that he. himself, knew that
was fact that the provisions OF tne
be closed on Sunday and at night was
being openly and generally violates
throughout the city," that for month
the police had made no complaints lot
such violation; that he was reYon-
sible for the conduct OF the police o.
partment In that regard; that nS
would assume the -reaponaihililx ma
that he would manage the police do-
partment according to his own JUGS
ment.
would neither permit or require the
police officers under his control to
make complaints AZ required oy tne
statute. but that he wilfnily. mtenti0.-
| elected so TO do and permtted WE
laws of this state, In that regard. 80 -
openly. publicly; notoriousiy ana as1
grantly violated dehed ana se -
as You state your ofTiciai opinion
| a. prosecuting attorney to De tneS
show .ofiiciai misconduct and wilfuI
| neglect OF duty" Comment on sucn
an opinion Is superfiuous.
90 You say " some OF tne s.st =.
to the commission OF alleged onensee
| be true IL Is the civic duty OF tne
signers OF those affidavits 70 MAKE
complaint before an examining max
istrate. that a warrant may issue ana
| a prosecution follow. ~.
When we called your attention 70
duced and read to the undersiGnso
| Section 10 OF the liquor statute.
Up 20 Prosecutor.
We desire to point out thst unoeS
| that of the signers OF those amdavite
"to make complaint before 81 ene1sS
lining magi.trnte" The section itseik
| prescribes their duty to be ito innmed>
| lately notify the prosecuttng attorney
OF the county thereof. That duty ne9
| been performed and the informatioo
| In In your hands. -.
| Certainly the law-making power had
purpose In requiring this informa-
| tion to be given to you as prosecutinx
attorney. What that purpose was the
statute does not leave In doubt. It
was that complaints on oath may %
| made and the statute itself declares
1T shall be the duty OF such prosecut-
ing attorney fortnWuu
to prosecute every person violating
any OF the provisions Of this act ana
! for each and every violation thereof
BY virtue OF your Office you are the
attorney OF the people OF this state
within Wayne county. IL IL your OF
| hciai duty 10 advise them In criminal
| cases and II IL your official duty TO
prepare for them. In criminal cases.
all such legal papers as attorneys usu-
| II Is your duty TO see TO II, within the
county OF Wayne that the criminal
] laws Of the state are enforced. Tnet
there may be no Misunderstanding by
prosecuting attorneys in this regard.
! Section ~ OF the same Liquor Statute
declares II TO be your duty "te ssS
that the provisions OF this act ere
faithfully enforced" and TO quicken
your action II makes YOU liable to Q
| penalty OF 800 for each and every re-
fusal so 20 do.
| Laws Openly Violated.
! (h) II Is notorious that the liquor
laws OF this state are being openly
| and VIGOROUSLY violated and dened In
! hundreds Of instances. day by day
throughout this city. SO far an we are
able 10 ascertain the police have made
| no complaints whatever for two ana
half months last past. without or
ders from the commissioner they can,
| not or dare not do so. This conduct
| appeals TO meet with your undualihed
| official appreciation.
| (6) ON the 18th inst we handed
| fences against this statute.
| With no legal basis for your state
| ment you say, "rt Is the civic duty OF
Confined On Page Eieven.D