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

1t was an exceptionally brief but
tense meeting of the city council last
night that was called by petition of
thirteen OF the aldermen to hear the
report Of the special investigation
committee concerning the alleged
charges Of graft and corruption OF the
police department and all other city
officials and also relative to the
charges of gambling in city of Fargo.
There were a number Of prominent
business men of the city in attendance,
all eager to hear the findings of the
committee, which, with the communi-
cation from the mayor, read by the
City's chief magistrate himself, COM
pletely eXonerated Chief of Police
Keefe from any of the charges that
have been rumored against him.
The report of the committee stated
that no evidence had been found OF
the chiefs acceptance of any money.
1t stated that envelopes were handed
Alderman Bolene by Joe Carter and
Amos Tweeden, which they averred
contained money and which Mr.. Bo-
lene protested he was innocent Of
what was in the envelopes. 1t furth-
er stated that gambling had been car
ried on in several places in the city
during the return of the laborers from
Tie harvest HGluS ana III us COllClu-
sion recommended the maintenance Of
the police department on a civil serv-
ice basis.
The report of the committee furth-
er held that any legal procedure rela-
tive to the findings Of the investigation
or arising from sworn complaints of
citizens was matter for the courts
to decide and not the city council.
McDonaId's Motion.
Following the reading of the may
ors communication and the report of
the committee. which were both re-
ceived and placed on file, Alderman
Mcdonald stated he was disinclined
to . accept the committees contention
that the city council was poweT1ess OF
action and that it was a matter for
the states attorney. Alderman Han
son called for the opinion OF the city
attorney, who stated that the city
ordinance which provided for such ac-
ttOn on the part Of the council was a
usurpation of the state statute.
Il am not ready to accept the opin-
ion of the city attorney that on the
sworn statement of citizen the
council may not take action for i'm
peachment or eXOneratiOn of any city
official" said Mr.. Mcdonald. "Ac-
cording TO the committees own re-
port. title 5 of chapter 2, on page 125
Of the city ordinances, provides for the
removal of elective and appointive Of
ficers of the city by the city council.
"a number of leading attorneys of
the city have expressed themselves on
this matter and there is a. difference
of opinion from that just now express
ed by the city attorney, Mr.. Smith. I
want this matter to take the regular
course"
Mr.. Mcdonald concluded his re-
arIyes H.
compelled the council to notify the
public that it will hear charges made
under oath, and that it will take ac-
tion under the regular course.
Voting for the motion without any
restrictions were Aldermen Bowers.
Cooper, Frenette, Green, Hanson,
Jardine. Mcdonald. Peterson, Rupert
and Stewart. Voting in favor of the
motion providing that ordinance was
not in conflict with the revised state
codes were Aldermen Cupler and Son
quist. Opposed to the motion was
Alderman dollhouse.
Mayor Raised Question.
Mayor Sweet. before the Mcdonald
motion was put, asked what the city
would be liable for prosecution under
law that is void.
!. THE law has never been tested"
said Mr.. Mcdonald. There is a great
difference Of opinion among, the clty's
attorneys" There was no further de-
bate and the Mcdonald motion pre-
vailed.
Mr.. Bolene's resignation was then
read by the auditor. Although il was
accepted by unanimous vote of the
council on motion by Mr.. Mcdonald,
1t was the city attorneys opinion thai
the resignation was a matter for dis &.
cussion at a regular meeting of the
couRcil and not a special meeting,
which had to transact only the specific
business for which the meeting was
called.
viii Appoint Alderman.
The question of successor to Mr..
Roiene in the city council from the
Second ward will rest with tho ad.
ministration, as any vacancy happen
ing within six months prior to a
regular city election is filled by ap-
polntmert of the mayor or the council.
The city election comes next April,
only four months away, SO that 1t Is
probable either Mayor Sweet will name
a successor to Mr. Bolene or the coun :
Gil will choose the alderman TO fill the
uneXpired term? The testimony taken
by the investigation committee was not
read. Following are the reports OF the
special investigation committee and
the communication of the mayor
Committees Report.
To the honorable, the city council
of the city of Fargo, Gentlemen:
Your committee, appointed at the
meeting on Nov. 8, 1912, pursuant to
a request from the mayor, report to
you as follows: The resolution pass
ed by you and under which We have
acted reads;
Resolved that the mayer appoint a
committee of three to cooperate with
the mayor and the city attorney to
investigate all the city officials relative
to the general subject of graft and also
gambling in the city of Fargo, said
committee to be authorized to act IL
the fact warrant action, and to their
such expense as is necessary"
In accordance with your directions,
we Immediately met and outlined our
investigation. We concluded to call
before us all persons who might throw
any light on the question of the alleg-
ed graft and gambling and believing.
that closed sessions would result Ia bet
tor disclosing the facts, we proceeded
In that matter. We procured the serv-