Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-10-07

Grave charges against the admin
istration of the Albuquerque polic'
department are made in a supple
mentary report presented to judge
Abbott yesterday afternoon. The
charges concern themselves chiefly
with the manner of assessing and col
lecting fines, which is declared to b'
Illegal arbitrary and unjust the
process OF assessing costs and the rec.
ord, or, as it is alleged the absence
of record kept in police court eases.
No indictments We're returned by
the jury but it is recommended IL
the supplementary report that the city
council should take immediate action
10 correct the system of fines, recoro
and accounting complained of. the re-
port concluding with the statemen
that the present system in the police
department j. "a reproach to the ad-
ministration of law
The jury was occupied with the po-
lice department investigation for two
or three days. A considerable num-
ber of witnesses were examined, but
it is understood that the jury was not
able TO connect a sufficient chain OF
evidence to warrant an indictment
upon the line on which the charges
are based.
Following is the fun text of the
supplementary report:
Territory OF New Mexico, County of
Bernalillo. in the district court of the
Second judicial district.
In the matter Of tIc report and
recommendation OF the grand jury sit
ting at the September term, 1908, of
the above court, relative TO the police
department of the city of Albuquer-
que
TO the Honorable District Court of
the Second Judicial District:
Complaints have been made to the
grand jury at this term relative to al
legged abuses existing in the police adj
ministration OF the city of Albuquer-
que, and a special report regarding
such alleged abuses is hereby submit
ted.
The jury has examined a consider
able number Of witnesses to ascertain
the methods pursued in the police ad-
ministration in the city of Albuquer-
que relative to the arrest of alleged
offenders, the disposition of police
cases and of fines and costs collected
in such cases. The jury has ascer-
tanned that the ordinances of the city
in police department are violated both
i'm letter and in spirit Section 316 Of
city ordinances requires that the city
marshal and policemen are authorized
to arrest any person violating in their
presence or whom they have reason
able cause to believe has violated any
law Of the United states or of the
territory or any ordinance OF the city
and upon arrest being made the Off
Ger making the arrest shall as soon
as practicable make a complaint be-
fore proper judicial officer for the
issuance of Il warrant or the apnre-
tension or detensiOn of the person
arrested The jury finds that this or
dnance is repeatedly violated In ex-
aiming the reports Of the city mar
shall Nd comparing the same with
the daal,t of the police judge of the
city Of "A Albuquerque, it has been
found thtt in n very large number
~ arrests 81 persons, and in which
eases Gnes ana costs have been i'm
posed, there is no record whatever of
the ease having been heard by the
police Judge The docket of the po-
lice 5udgc contains no reference what
ever 10 such clscs That official has
no recollection of s1ch cases having
been heard by hIn, aud yet the re-
port of the city marshal to the board
of aldermen shows that fines and
costs have been imposed against the
alleged offender and have been col
1ected. There can be no doubt that
some of the police officers have been
imposing and collecting fines and
costs of the alleged offender without
giving such offender a trial in court
and without making any record what
ever by complaint, warrant, commit
ment or other proceedings relative to
such case. As we have said. these
cases are numerous and exhibits an
abuse of police authority startling in
its injustice A police officer has
only ministerial functions, and the
proof before this body is abundant
that such officer has been exercising
judicial functions in the imposition
and collection Of fines and costs. And
this. too. has been done without the
formal lity of giving the offender a tri-
nj. The instances i'm which this has
occurred can be readily ascertained by
q comparison Of the docket of the
police judge with the monthly re-
ports Of the city marshal section 3l7
of the city ordinances requires that
the police judge shall before pro-
ceedins to try any person for the vio-
lation of any ordinance of the city,
to cause complaint to he made and
to be issued TO arrest the al
legged offender. and return TO he made
In such warrant. And the evidence is