The Detroit times., 1908-06-27

| ltIhcd III WHlIh Ht ANAUcSA ~
mend to Governor Warner the inves'
tigation OF charges against Police
Commissioner Smith
George b. Yerkes.
frosrcuttrg tttorrry'
Wayne County. Michigan:
The undersigned have before them
yours or the 2ith inst. relating TO their
petition and charges addressed 10 the
governor or the state and praying lot
| the removal of Police Commissioner
Smith. which petition and charges We
| on the 18th inst, presented 10 you
and requested your signature TO Ger
titcate thereon I'm accordance Win !he
statute that 'the case stated In the
within petition demands an investiga-
| ton" You say that you have come
presented do not warrant me In eerti-
| flying the same TO the governor ana
recommending that he institute pro-
| ceedings for the removal OF the COM
missioner.
In reply we desire TO say;
"a We did not ask and the statute
does not require any such recommend
alton The only question presented TO
you was whether the case stated In
our charges demands an investigation.
This Is to be determined from the race
OF the charges themselves and ,n NOT
which you claim to have made.
What Charges show.
ca Our charges show;
(a) That the laws of this state re-
lating to the sale OF intoxicating
liquors have for months past been
openly. and VIGOROUSLY violated by
hundreds OF persons In every part OF
the city
OBJ THAT information OF these vio-
lations had from time to time been
furnished to the police commissioner;
that on the 26th day OF May. last. In
mittee OF One Hundred he admitted
that he had received this information:
and that he. himself. knew that III
was a fact that the provisions OF the
liquor law, requiring saloons, etc, 10
be closed on Sunday and at night was
being openly and generally violated
throughout the city that Tor month
the police had made no complaints for
such violation: that he was respon-
sible for the conduct OF the police de-
partment In that regard; that ne
use his own judgment In the matter;
that he would manage the police de-
partment according to his own 1udg-
ment.
tc) That knowing these facts. he
would neither permit or require the
police officers under his control TO
make complaints as required by the
statute. but that he wiffully. intention
ally and knowingly refused and ne
elected so TO do and permitted the
laws OF this state. In that regard, 10 be
openly publicly. VIGOROUSLY and ma
grantlv violated. dehed and set at
nauRht.-
CD You state your official opinion
as prosecuting attorney to be that
these charges do not on their face
| show official MISCONDUCT and wilful
neglect of duty" Comment on such
an opinion Is superfuous.
a. You say III some OF the state
ments contained in your affidavits as
TO the commission OF alleged offenses
be true. ii is the civic duty OF the
complaint before an examining mag,
istrate that warrant may issue and
prosecution follow"
When we called your attention to
these affdavits you Immediately pro-
duced and read to the undersigned
Section 10 OF the liquor statute.
Up to Prosecutor.
We desire to point out that under
this section IL Is neither our duty nor
that OF the signers OF those afidavits
"to make compInint before an exam.
prescribes their duty to be "to immed-
lately notify the prosecuting attorney
OF the county thereof That duty has
been performed and the Information
Certainly the law-making power had
n purpose In requiring this informa-
ton TO be given TO you as prosecuting
attorney. What that purpose was the
statute does not leave In doubt. II
was that complaints on oath may be
made and the statute itself declares
TIT shall be the duty OF fnrtSwith
to prosecute every person violating
any OF the provisions OF this act and
for each and every violation thereof.
BY virtue OF your office you are the
attorney OF the people OF this state.
within Wayne county. II Is your of
fetal duty to advise them in criminal
cases and It is your Official duty to
prepare for them. In criminal cases.
all such legal papers as attorneys usu-
ally prepare for clients. Furthermore
IL Is your duty to see to II. within the
county OF Wayne, that the criminal
laws OF the state are enforced. That
there may be no misunderstanding by
prosecuting attorneys. In this regard.
Section IL OF the same Liquor Statute
declares Il to be your duty "to see
faithfully enforced" and to quicken
your action II makes you liable TO
penalty of 800 for each and every re-
fusal so to do.
Laws Openly Violated.
CD II Is notorious that the liquor
laws of this state are being openly
and VIGOROUSLY violated and defed In
hundreds OF instances. day by day
able to ascertain the police have made
no complaints whatever for two and
a 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 unqualified
official appreciation.
CD On the 18th inst. we handed
you affidavits showing over 260 ok<
With no legal basis for your state
ment you say. ut Is the civic duty of
the siRners OF these affldavits to make
complaints before an examining mag
istrate."
ca The statute names the several
county and city officials upon whom
IL imposes the duty OF securing evil
dence and entering complaints OF vio-
lations Of Its provisions. Principal
among these officials are prosecuting
attorneys and the police.