Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1908-09-10

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to proceed to have the walks put
In IL such action was deemed best.
The following communication from
Mayor Smyth was read and the au-
thority asked by the mayor was
granted. The communication is self
explanatory:
Mayor VS.. States Attorney.
The Hon. Members of the City Coun-
Gil, City Of Bismarck, N. D.
Gentlemen: Section 1857, chapter
65, Of the revised laws of North Da-
kota, makes it the duty Of every
mayor, as we'll as of other peace
officers, to notify the states attorr
ney Of any violations of the prohib-
iting and unlawful sale of intoxicat-
ing liquors and to furnish the names
of any witnesses by whom such VIC
lation can be proved. Section 1858
provides that the states attorney
shall forthwith diligently inquire in
to the facts of such violation and
specifically requires the states at
torney to subpenae such witnesses
as may be able to give information.
In accordance with the statute
quoted, I have given A. T. Patter-
son, states attorney of Burleigh
county, written notice of violations
Of the prohibition law, Of which I
have had notice. and furnished him
with the names of witnesses by
whom such violation could be prov
ed. Notwithstanding this the states
attorney has refused or neglected to
perform the duties required by law
and has placed all the burden of en-
forcing the prohibition law upon the
city authorities.
Il AS 1t was plainly the intention of
the legislature that the states at
storney should be the principal officer
in enforcing this law and his ne
glect Of duty places additional duties
upon our police officers, not con-
templated by law, that interfere with
their intended functions of keeping
the peace in the city and enforcing
the ordinances enacted by this coun-
Gil, I would suggest that the mayor
and city attorney be directed to take
what steps may be necessary to COM
pei the states attorney, A. T. Pat
terson, to perform the duties of his
office or if necessary to bring action
for his removal from office.
X Poll Tax.
Street Commissioner McCrorie re-
ported having collected in addition
to sums before reported on account
of poll tax, 500 in cash and work,
making a total of about $4OO col
lected this year. ,..... ..s
Hui Gity's Financial Condition.
The city treasurer reported total
balances on hand, including the sew
er fund, of $50, 2s2 93, and the aud
itor. presented statement showing
the gross city Indebtedness to be
$55.s93.33; cash on hand in city
fundsc $1s,215.30, or a net indebted.
ness of s37, Which reports
were referred to the ways and means
committee.
County Must Pay Vag Expenses.
An, opinion by the city attorney
was read in which he held that the
costs in vagrancy cases properly be-
longed to the county and should not
be paid by the city. The question
arose over some bills for keep of
prisoners by the sheriff, which the
city and county had each repudiared
and which had been sent back to the
city to pay. The auditor was au-
thorized to make warrants to Tie
sheriff for other services than these
in his bill.
The bid of the Wachter Dray and
Transfer Co., of 81 per week for
emptying the refuse from the waste
paper boxes placed around the city
by the Civic league was accepted.
The Dirt Bills Again.
A segment of the old dirt bills
came into view again when Alder
man Reade of the street committee
returned the bill of Mossbruecker
for $s1 for dirt placed upon the
streets a couple of years ago, and
recommended it's payment as he was
convinced the dirt went ON the street
as claimed although there was, some
irregularity as to the authorization
for placing it there, and the Bill was
allowed.
The report of the special commit
tee to codify the city ordinances was
received and filed and the entire
bunch of ordinances was later placed
upon its first reading as one ordi
nance. ID 49,. =
* Switching Funds.
Alderman Reade asked that $50 be