Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-02-13

\, | can't recall it. He might have.
9, hid he ever give YOU amy inior-
nation as to the operation OF baWuy
houses in the city or not?
\, Not tina | recall, lie has talked
To me about one or two partle& Of that
Kind that he thought were living improp-
r'ly N som" parts of the city, but ! can't
recall who they We're,
e. Ever make amy complaint about
the Griffin barn?
\. Not that | remember.
, CRoss;ExAMlNATIoN.
HY MIR. HANLt:Y:
g. | infer from your testimony, Mr..
Smith, that YOU had a good many con-
versations with the Chief'
\. Yes. quite 4 few. .
g, Md in many of them the question
Of violation of the prohibition law was
discussed. hut as to the specific places
YOU do not now remember"
A. No, | don't remember. Some OF.
frcr Of the Salvation Army came to me
one time about a place that was annoy
ing the Barracks Il great deal-vcrN close
to that place. The officer. however, did
not have evidence that would hc compe-
tent in a court. and they seemed anX-
nnCe done away with at once. and dur
ing tina, day that he talked with ne.
And under che circumstances did not
see amy way that could stop it and |
sent him to the Chief Of Police, and |
do remember that the Chief communicate
ed with me and got rid Of the nuisance
without its having to be brought into
court.
@, Now that was the main policy that
you have pursued as states Attorney,
to get rid of the nuisance, whether it
VAS court proceeding or otherwise, as
long as the things were stopped?
\. Yes, sir.
g.. In this conversation that YOU had
with the chief relative to the prohibition
law o" other matters was there anything
in hts manner that showed any rcluc-
tluCr on his part, or was he l;tir amt
free with YOU"
j. lie seemed fair and free.
MIR. REGISTER; That is the case
rs far rs am advised. The complaint
NIX. UANLSY: Now. if the Commits
sion please. | desire t" make Il motion
that the proceedings against the de-
PENDANT. or against the thicI rather, be
dismissed. ! do not want to impose up
on the Commission and do not want to
take too much time. but assume that
al Of us are anxious to get this matter
disposed Of. | would like to have it I'M
dcrStOod if the Commission wants to
make Il limited time, probably that we
could have 40 or As minutcswthnt make
the few remarks that have. and Broth
or Register can say what he has, ana
Mr.. sullivan close.
MIR. REGISTER" At this point in the
proceedings ! would like to makc q state
m"nl. TN" Commission will rcmcnbe"
Us to Just how became connected with
this case. | doubted the proprictN o!
my engaging in the matter at all. ana
it was only because i, seemed to be the
desire Of some members of this Com
mission that Mr.. Watkins should he Gun
niSli"d an Attorney without expense. |
have not changed my belief or attitude
feel right at this very stage of the pro
crrding that am handicapped, and YOU
are handicapped. because tn" city At
'"rn"v stands here representing a pros
r,utiun against your employees. The
city ought not t" nave been placed in
any such position '; far us am con-
]rrrn"d, believe that in the argument
Of tlr motion that is t" be made: which
of course anticipated. The motion Will
b" made on the ground of insufiicicnry
Of the evidence t" sustain the charges
made. | believe that MIR. Watkins should
make that argument. He Is ul'alll'cd 10
make it. 1t is in line with his work.
II is his ease and | believe that what
over argument is made here upon the
testimony and its effect should be made
by Mr.. Watkins. and. as understand
it. he is willing to d" it. | am not TAX
ing this uupsition because Of any other
reason that nave stated. can make
an argument upon this question. but do
not believe that at this time ought to
be called upon to do it. Here stands one
of your employees the same as am. This
evidence you have heard, and / doubt
the proprielN of uurl argument upon
it. That is up to YOU. That is the 20"
sition that occupy at this time, There,
is only one question in the matter. ANA
that is as to whether the evidence that
Mr.. Watkins has produced here is SUI
iiricnt to sustain the charges aGlirS!
MI. Mcdonald or any of them. ] think,
since Mr.. Watkins has had Npnr ,ittr-
ncy examine these WitncSScS-an have
tried to do it without fear or favor !
wanted to bring the evidence ont. InH
think that when this has been dome
'Iat Mr.. Watkins has received from the
hands of this commission all il" u en-
titled to. Ilc can make The argument
as we'll as can. and he * lAnliliar
somewhat with court pr"'edlrr and
knows what this evidence That IS
tn" nnSition take at this time. ana
don't know how the position takes WITH
tn" Commission. but the p'" 'ri';y of
my .r,ing here has gone cor ~ "Sll
MIR. H\\Ll;l: want I" a.iur" tive
trlnmisHi"n tlr@; If YOU will N som" way
Kind Of Indicate it when am taking
too much time will quit. We don't
want to take too much time or abuse
your patience. There are 1W" or three
matters though, which W" believe should
he called to your attention with refer
rnrr to the law that controls this matter.
We AL know that this is not il judicial
proceeding, not Il judicial tribunal.
think there has only been ono or two
objections made to the testimony. 1t
has not been tried upon technical lines,
and everyone has been given somewhat
Of a free hand in this matter, ana
think the Commission has h"cn very fair
witt, perhaps one slight difficulty that
arose this morning.
| want to go as hurriedIX as ! can
through the testimony and call Your at
trntiuiI t" it, as il strikes us. ana IT. !
misWuotc assure YOU that 1t IS not IN
territorial, but O"calS" may not nave
kept track Of it as close as YOU have.
The charges in the case ar" based upon
the affidavit filed by Mr.. Watkins and
which he SWore to on the 18th of anu
airy. 1t is entirely an information and
I..licf affidavit: in other words at no
place in that affidavit does Mr.. Watkins
specifically and positively charge the
chief Of Polio" with m~alfcASancc, non
frnsHncc or misfcasancc. He says that.
"Ic is informed and bclicvcs,' but it is
not a positive allegation and that mat
ter was argued before you at the begin
ming Of the trial; and in support OF that
affidavit he filed the six additional nf-
lidavits, ono by Mr.. Finstad, one by Mr..
Thnrnlsolr, Young and Houscr.
1t strikes me that one of the important
things the Commission will have TO- de-
first is what are the duties OF the
loubtedIy is to be found in the statute:
and these duties are undoubtedly laid
down 50 that there ought not to be any
question. when the Commission comes
to determine whether or not there mas
been any neglect of duty, as to just what
those duties are: and desire to call your
attention to two or three of the provi-
sions in our code. the only provisions in
fact that have reference to the duties
Of Chief of Police. Sec. Il of the Com
mission law G'. 1%3, Laws of 19l1) pro-
videS as ollOWS:
Duties Of Officers Gcncrally.l All
other officers elected or appointed
under and by virtue of the authority
of this chapter shall perform such
duties as arc required to be perform
cd by like officers under these stat