The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-01-25

l policy" Administration policy" has
law-breaking-or else administration
| policy" might some day decree the pro-
lection of murderers and vagrants. 1t
| would be most natural and logical
step do not seek to shield the may
I or. II tho blame can be foisted up
! on him., / should be the first to de-
mand his removal from office. He is
at the head of the city government
Each department looks up to him for
orders, and yet IL the flre department
makes q botch- OF fighting a FIRE. the
mayor is not condemned. The fire
chief is and ought to be. That Is his
special line of work. The city en-
gineer is consured for unsatisfactory
work In his office. 1t would be wrong
to attack the mayor for It. We pay
the sanitary inspector to do certain
things. We do not ask him to camp
on the trail of gamblers and Bellies
crowd and to bring them to justice.
Well, then, who Is supposed to go
after these law-breakers? The fire
department? No. they are to fight
fires. The poll tax collector? No. he
is to collect poll taxes, The city en-
glneer's office? No, they have to
think about sewers and sidewalks.
Well, who? 1 hate to suggest the po-
lice department That is such an un-
kind cut-the most unkind cut Of all.
hate to Intimate that 1t is their duty
to stop gambling and It's kindred evils,
because they say It isn't, They say it
Is the mayors fault that gambling Is
protected. Let's look at some of the
state laws and city ordinances.
cannot quote all, but can quote some
that may illuminate the subject.
State Laws, Title 13-Citics and
Towns, Chapter 2, Mayor. Sec. 1S9:
He may exercise within the city limits
the powers conferred upon him to
suppress disorder and keep peace.
100: He shall perform all duties
which are or may be prescribed by
law or ordinance, and shall see that
the laws and ordinances are faithfully
executed.
The word may" seems to let the
mayor out, seems to absolve him from
obligation, but in law the meaning is
always mandatory. 1t. connotes
Shall" OF must whenever the rights
of the public demand the exercise of
the power TO perform the duty to
which 1t refers. Whenever statute
directs the doing OF thing for the
sake of justice or the public good, the
word may" will be read shall"
May" In It's ordinary meaning. would
render the law dead.
1t is, therefore, plainly within the
duty TO see that the laws and
ordinances are faithfully executed.
He may not know that these laws are
being violated. Therefore. have the
privilege Of stating that the gambling
laws were being violated last night,
and also stating that his police force
is not enforcing these laws.
The law says, Mr.. Brewer, that you
shall see that the laws are faithfully
1t gives you no option.
You are not expected to see that pub
lie opinion Is faithfully executed"
That ought not to worry you On
January 20. 1909, some one In au-
thority land l don't think 1t was the
city recorder) guaranteed immunity
from police Intervention to the follow
ing. while they conducted gambling
houses: Creighbaum & Peterson; j.
F. Smith G Company; w. ]. Powers.
On January 81 Qast Thursday Bro
Gus Hushf1eld entered the circle of
powerful citizens. These each paid
the city s299 for the privilege of run
ming gambling houses. On January 20 |
D. w. Colts C A. Ives paid $100 each |
AND will be free for the next 80 days
to conduct poker under the protection |
ol the city. What Ogden wishes to |
know is, who has the authority to |
grant this immunity from future pun
shment to these particular gentle |
men? l have been looking through |
he books and cannot find that any |
one is thus empowered. However. |
shall be glad to be corrected II the |
mayor has done It. Ogden ought to
know 1t. II a group Of officials have |
:onspired with we'll known law-break-
ITS to defeat the law, Ogden ought to
want to know it.
The mayor told me a week ago that
he could by a single word
top gambling. but toward the end of
he conversation he said Il am
eally powerless." II 1t Is true. as the
'olice say. that the mayor is the guilty
'arty. why don't the police show him
lp. Let them earnestly endeavor for
me week to keep gambling down and
cts see IL the mayor dares to compel
liG police force to desist from enforc-
ne the law.
Here Is another ambiguous law:
Title 49, Cities and Towns. Chap
er 4. Section 206: The city coun-
IL shall have the following powers.
40) To suppress and prohibit gambl-
ng houses, lotteries, and fraudulent
levices and practices and all kinds OF
,aming. playing at dice. cards. and
'ther games of chance"
This is rather definite Perhaps we
'ught to seek relief from this source.
Yet the council is our law making and
lot our law enforcing body We do
LOT pay them for policing service.
When we do. perhaps they will be glad
o serve in that capacity.
Here is another:
Title Is, counties; Chap. IL, County
ttorney; sec. GAG. public prosecutor,
uties, I he county attorney Is a public
PROSECUTOR and must; G) Conduct on
chalf OF the state all prosecutions for
'ublic offenses in justice courts (2)
institute proceedings before the prop
n magistrate for the arrest OF per
ons charged with or reasonably sus.
'ected Of any public offense. when he
las information that any such offense
las been committed. etc.
he county attorney apparently has
10 option. He must do the things set
lown In these sections He has the
Information, Il gave him that. and
le may have. so the police say. all
he evidence he cares for to prosecute