The Detroit times., 1908-06-16
S NTH CHAR GE 5
FINALLY FILED
WITH yERkES
COMMISSIONER Is ACCUSED OF
OFFICIAL MISCONDUCT IN PER.
MlTTING SALOONS TO REMAIN
OPEN ON SUNDAY.

The first definite move on the part
OF the Committee OF 100" toward
| the removal OF Police Commissioner
Smith was made at noon Monday,
when deputation from the committee
waited upon Prosecuting Attorney
Yerkes. laid before him charges
against the commissioners, and asked
that he recommend 10 Governor War
ner that the charges be taken up.
The charges cover 20 pages OF type
written matter, and are accompanied
| by affidavits made by members OF the
committee telling OF alleged violations
OF the liquor laws. The matter was
! discussed more than an hour. Mr..
Yerkes promised TO take the charges
under consideration.
The petition sets forth that Police
Commissioner Smith has been guilty
OF official misconduct and neglect or
duty, in that he permits saloons to re-
main open on Sunday, VIGOROUSLY.
publicly and without secrecy"
II is claimed in the petition that
julius ]. Kahner. a private detective
in the employ OF the committee, found
large number of violators or the
law The petition then goes on to de-
tail the action OF the committee In
serving notice on the commissioner
that saloons were open, and asking
why they were not closed.
Defed Committee.
II is also claimed that not only did
the commissioner know the law was
being violated, but he declared In sub
stance and effect that II Is not his In
tention TO enforce 1t. 1t is also
charged that he allowed the police Of
ficers to "connive at, permit and allow
the commission OF the aforesaid
crimes" and that he refused to en-
force the law relative 10 screens.
The deputation was composed OF
John B. Howarth. J. l.. Hudson. Rob-
ert E. Tug. William d. Southwick,
William X. Farrand. f. T. Gilbert. G..
Jay Vinton, and the committees at
torney, Jasper c. Gates.
A lengthy discussion OF the saloon
closing question followed the filing OF
the charges, and each member OF the
deputation took occasion TO air his
views.
Mr. Gates declared that a word
from Commissioners Smith would close
nearly every saloon in Detroit.
Commissioner Smith can close
every saloon In Detroit just as easily
as stealing Is prevented declared
Mr.. Hudson There Is a certain
amount OF stealing going on all the
time, but the amount is small, and II
the police start out after the saloons
most OF them will close and stay
closed"
Prosecutor Yerkes' View.
Prosecuting Attorney Yerkes and
Assistant Prosecutor Robson argued
to the contrary. Mr.. Yerkes said they
never could be closed. Mr.. Robson
said that the police force would have
TO be doubled to close the saloons. as
II would be necessary 10 station an
officer In front of the door OF every
place In town.
There is a sentiment in favor Of
Sunday saloons in this city that will
make t impossible to close them" Mr..
Robson declared
IF | thought the majority OF the
people in the city wanted Sunday sa-
looms + wouldn't be here" Mr.. Hud.
son st.k1 Il don't believe % per cent
of the people want to drink on Sun
day"
Your estimate is away too low"
Mr. Ycrkes interrupted
The law says that saloons shall be
closed on Sunday Mr.. Gates said, clos
ing the argument, and Police Com
missioner Smith has planted himself
between the law ana its enforcement
We have nothing against this Office,
ana we had nothing against Commits
ctr Gpntth Uhan this committee
formed. We really organized to help
him enforce the law, but he opposes
us. and we think he should be re-
moved
Ii is now up to Prosecuting Attor-
ney Yerkes TO examine the charges,
and make his recommendation to
Governor Warner. II Mr. Yerkes de-
cides that the commissioner Is doing
his duty. the charges will never reach
the governor.