The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1908-06-24
YERKEs REFUSES TO
|NO0RSE SMITH
CHARGES
TELLS COMMITTEE OF 100 lNvEs-
TioArIoN OF POLICE DEPART.
MENT ISN'T WARRANTEp-"WE
WON'T QUIT" SAYS HUDSON.

In q, letter sent by Prosecuting At.
torney Yerkes to Jasper c. Gates. at.
torney for the Committee Of 100."
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 fall
ure TO enforce the liquor laws. The
letter follows:
Mr.. Jasper c. Gates and Associates.
city.
Gentlemen; With reference to the
petition and charges filed By your COM
mittee. asking the governor or the
state OF Michigan for the removal or
Police Commissioner Fred w. Smith,
and requesting me 10 certify that said
charges demand an investigation. per-
init me 20 say that l have gone over
the charges In detail. and In addition
thereto have made considerable OF a
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 10 the
governor and recommending that he In :
stitutc proceedings for the removal OF
the commissioner.
In your afhdavits as to the commission
of alleged ofenses be true. IL Is the
civic duty OF the signers of those at
ndayits To make complaint before an
examining magistrate. that warrant
may issue and a prosecution follow.
This office has never yet and never
will neglect 10 prosecute any complaint
In court But l cannot believe that be-
cause the commissioner OF police.
through his subordinates. falls To de-
tect every onense against the statutes
of this state, that that IL a ground for
the institution OF proceedings To re-
move him, because Of official miscon-
duct and willful neglect of duty.
IL is matter OF common knoEledg e
that at al 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ably go unpublished, and TO hold that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-
lion with the administration OF the law,
would be. in my opinion. violating the
Spirit. IL not the letter Of the law.
Some OF the afhdavits filed in sup
port OF the charges against the com
missioner show that many saloons We're
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 | call YOUR Attention tn-tAe
1 fact that there has been nothing pre-
scented tn 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
4 administration or the AFFAIRS of that
/ office for at least the last twenty years
1t must also he apparent to your com
mittee that the conditions existing In
4 the city OF Detroit with reference TO
the liouor traffic. are so much better
! than they have been In times past. as
| 20 appeal To the consideration OF every
4 fair-minded man having at heart the
4 good OF the community.
\ l need not go into details I'm that re-
gard. for the most superficial investi-
cation shows that there is less drunk
4 enness and fewer crimes resulting from
the use OF intoxicating liquors, In pro-
portion TO population. than in times
h past.
1t Is for these reasons that I do not
believe cese- hHE been presented
\ which would warrant my taking the
position that the commissioners should
4 be placed on trial before the governor
Concerning your letter to me OF the
4 22d inst. l thought ! made IL plain to
4 your committee when you called on
me last week. that | would prosecute
\ any violation OF the law reported to
me by any OF your committee. or by
4 any one employed by your committee
But so that there may be no misun-
derstanding In that regard. now say
TO you that I am ready and willing to
prosecute any complaint made by any
OF you. where the evidence Is sufficient
n TO warrant conviction
II you will have your people make
complaint in the police court In the
my office. the matter will receive our
a prompt attention.
Yours truly.
GEORGE 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.
n 81 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
Il other step may be taken. We won't
q quit yet, anyway"