The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-11-30


tended all meetings and the testimony
taken consists Of 2l0 typewriter
pages: documentary evidence was also
offered as exhibits / to and "A" 10
"T' The testimony was not given
under oath, as your committee had no
authority TO compel attendance or TO
put under oath. The entire record OF
our proceedings is returned to You
herewith for your information.
For your information, your commit
tee further reports:
First, that it appears from this
record that for six weeks or two
months prior to Nov. ,, 1912. and coin
cident with the return of laborers from
the harvest fields, gambling was car
ried on in several places of the city OF
Fargo;
Second. that Joe Garter and James
Callahan, representing to the keepers
of such places that they should pay
money if they wished to be protected
in operating such games, collected
money from them;
Third, that two envelopes were de-
livered to Alderman Bolcne, one "y
Carter and one by Amos 1 lweedel
said by them to contain money, and
that they were handed by Bolene to
the chief of police;
Fourth, that Mr.. Bolene denies ne
knew what the envelopes contained:
Fifth, that the chief of police denies
he received the envelopes or any
money and property, and his testimony
contains an accounting OF money ana
property acquired by him during tha
time he has been chief OF ponce ana
for several years past;
Sixth, that there is no evidence that
the chief Of police ever talked with
anyone about the payment of money,
or that he ever offered or agreed to
allow gambling to be carried on.
Seventh. it is our opinion that IL
the chief Of police had been fully com
| Detent and IL the police department
| had been acting in harmony and had
! been as effective as it should have
been, such gambling would have been
detected and stopped.
Eighth. we should suggest that II
! the police department. is to be MADE
effective, It should be placed on the
civil service, or merit basis.
The details Of the transactions re-
cited above will be found in the type
written record.
We can only give you the testimony
presented to us, and as to whether
| or not any criminal prosecutions are
warranted must be decided by the
states attorney, because such offense
If any, is against the state statutes
and is outside the jurisdiction of the
city authorities. Any person knowing
facts. which he is willing to swear
to, and which will convince the states
attorney that a conviction can be Sc
cured, can 20 before him, swear tn
the complaint and ask that warrant
of arrest be issued or on sufficient evi-
dence, the states attorney can make
criminal complaint.
Also, the determination of the ques-
ton whether or not any city official
should be removed from office must,
In fIn nj rnF faT,FVl lYVafN ne ND
decided in a proceeding in the district
court, and that title of chapter . on
page 125 OF the city ordinances, pro-
viding for the removal of elective and
appointive officers of the city by the
city council, conflicts with the statutes
of the state and is void. Section
1855 of the revised codes of North Da.
kota provides the method of removing
city officials and reads as follows:
"In case the mayor or any other
municipal officer shall at any time bt
guilty OF a palpable omission of duty
or shall wilfully and cOrruptly bs
guilty Of oppression. malconduct Of
duties of his Office, he shall be liable
to be prosecuted criminally in any
court OF competent jurisdiction, and
on conviction shall be fined in sum
not exceeding $1,000. and the court IN
which such conviction shall be had
ficer from Office"
The only exceptions we have found
in the statutes to this method of court
procedure is section 1856 Of the re-
vised codes of North Dakta giving
the city council power to determine its
rules of procedure, punish its mem
bers for disorderly conduct, and with
the concurrence of tWo-thirds of the
aldermen elect may expel a mem
ber." and in the provisions of section
2649 of the revised codes Of North
Dakota, giving the mayor power to
remove any officer appointed by hin
whenever he shall be OF the opinion
that the interests of the city demand
such removal
All Of, which is respectfully submit.
ted TO you this day. Nov. 20. 1919.
CSigned) r. ~ F. A. w. .Cupler
J. p. Frenette
T. w, Sonauist
Committee of the council
Emerson H. Smith, City Attorney
Mayors Communication.
To the city councIT. city of Fargo.
Gentelmen; The committee appoint
ed to investigate the general subject
of graft and gambling in the city OF
Fargo has reached a point in their I'M
vestigation where a report to the
council may be made. Such report
will be filed simultaneously with this
communication, put Tor the reason
that investigation of the mayor has
extended beyond the range covered
by sittings OF the committee and af-
fects questions of responsibility and
policy not within the province OF the
committee. / will report separately.
Without attempting to conclude the
subject in this communication, / will
summarize the immediate important
features as follows:
That the charges of graft, both
specific and general, made against the
chief of police, are not only without
just foundation, but are discredited by
their contradiction. their apparent
motives and general utter incredibii
ity.
II immunity was offered the ganb-
lers as a condition in making the af-
fldavits in question. it alone would
mony If an attempt to bring Il wit-