The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-10-13

CLAIMS DEVILS LAKE IS NOT SO BAD
AA-A-N-A-4-4-N-A-4-4-A- A-A-@-4-A-N--N-N-A-t

are all regular clients of the Office
and I have no reason to believe the
state can produce any evidence up
on which to base a conviction. The
rest of the defendants / told plainly
and emphatically that on account OF
being city attorney did not wish to
take their cases.
! Now there is no law imposing any
duties upon the city attorney more
than any private citizen, regarding the
prohibition law. The only ordinance
we have against the sale Of intoxicat-
ing liquor is one which was adopted
for the purpose OF permitting saloons
| to run under the prohibition law un-
der the filming process, and which was
utilized for that purpose for a con-
siderable period of time. Since the
state law has been enforced, the city
ordinances relating to prohibition have
had no use and have never been used
by any city attorney 1t makes no
provision for Imprisonment but simply
for a fine ranging from S35 to 800.
The ordinance was drawn by M. Fl.
Brennan, father OF Dan Brennan, at
the time he was city attorney and the
saloons were run under this ordinance
by the fining process during Mr.. Bren-
mans term as city attorney, as the
city records will show.
The powers given the city authori-
ties for the prosecution of liquor Of
lenses are so meagre and the remedies
under the state laws are so abundant
that / know of no place where the
city ordinances are used for that pur-
pose within the state, neither do l
know Of any law, statutory or ethical
that prohibits a city attorney from
accepting retainers from the defen-
dants in state cases, yet, nevertheless
since I have been in the Arm and do
ing most of trial work, this firm has
avoided as much as possible retainers
from persons charged with violation
of the liquor law. In the three years
that have been doing the trial work
Of this firm / have only defended one
case in the district court where the
defendant was charged with an infrac-
ton of the liquor law. Those are the
plain, unvarnished facts, but / think.
Mr.. Editor, that 1t is no more than
fair that the people should know them,
as no doubt many have read the ar
ticles which have been sent out from
Devils Lake and also your editorial, If
l am correctly informed.
Now, Mr.. Editor, there have also |
been statements sent out that the |
city administration was conducting a |
wide open policy, statements which
are absolutely false in every detail. |!
Every lawyer knows that there is no
duty placed upon the city authorities
that is not placed up the county at |
he -I, III t.,
and even though the city authorities
were inclined to adopt a wide open |
policy, it would be futile if the county |
wished to enforce the law. |
The fact is. the city authorities are
now and have been at all times dur
ing the present administration, OPP
posed to a wide open policy and in /
favor of the enforcement of any and |
all laws. 1t so happens that since / |
have been city attorney l have not |
had occasion to refuse a single war
rant that has been asked for by any
citizen or by the police officers and
have prosecuted those cases. There
has been no open gambling under the
present administration and no gam
bling that the officers could obtain in
formation about sufficient to base
The city has been freer
from bad women, according to all the /
information l can get, than at any
time in the three years which have
resided in this city and / sincerely
hope that the people of the state, be-
fore they pass judgment, will ascer-
tain the truth, which can be obtained
from the best people of our town, the
business men who have the interest
Of the city and the community at
heart and not few who are willing
to malign their fellow citizens and
SANDER their city because disgruntled
over political defeat.
In conclusion, l wish to say that I
personally have always been an adj
vocate of the enforcement of laws SO
long as they are on the statute books,
whether / liked them or not and I
have never condemned any official for
doing his duty but have always in
sisted 1t was the part of a good citi-
zen and a patriot to enforce any and
all laws whenever the occasion de-
manded it.
Respectfully yours,
F. II C'uthberf