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

| Commission to determine as to whether
| this city shall have segregation or ab0li.
ton, 1t is not q question OF whether you
| can solve the problem Of following gu
the statutes that have been provided. IL
Is a question of law Here is the stat
| ute that says these places shall not cS-
ist, sutjeetinG them to a very rigid pro
cedure. | don't know whether the rel
erence to modern reforners wa to my,
self or not, but | profess l don't pretend
to solve this question.
1t is a tremendous and large question,
| but the statute of North Dakota is spe-
ciiic. 1t is not then within the province
of this commission to say there can be
Il segregated district, because the state
spoken it becomes the duty or every po-
lice officer in the state Of North Dakota
If not under any specific provision, I'M
der this provision 27l0. where 1t says
and detain for any breach OF the peace
and violation of the laws of the state.
1t is commonly known that upon the VIC.
lation of the law it becomes the duty OF
the officer to enforce that law. ! nave
not much more to say with reference TO
the matter. | believe We have substan.
tiatcd practically the three points; that
Mr.. Mcdonald did drink in places that
tory law of the State of North Dakota,
aud which was proven by the evidence
of drinking in those places. Those places
continued to violate the law, n IN tne
case of the South Side Grocery, in the
case of the Drug store. in the case OF
the bawdy houses. they continued until
action was started in the district court
by myself to close them. | just want
to turn to some of the evidence that Is
in the record and refer to it as to con
ditions of Bismarck during the months
of April. May. June and July. Undisput-
ed evidence as to the fact Of numerous
.-1 49,, Jn.-., l-,,e t1n ny
law was violated, places wherc-l say
the evidence is Observation-Disclosures where
numerous persons were reSorting ana
drinking Intoxicating liquors and becom-
ing intoxicated. Drays were hauling liq-
uor during day and night; there were
man places and many complaints from
the citizens of Bismarck coming to our
office with reference to violations or
these laws. Is it not a fact that any po-
lice officer. any competent police officer
its conditions, would know of the viola
tons Of these laws? Is it not a fact that
their very presence and continued pres
cnce through a long period of time with
prove hat that official had not done his
duty? / undertake to say that the con-
ditions that prevailed during this time
could not have existed with the knoWl-
very fact that the defense has put up
that there was no knowledge. is an adj
mission of our charges of nonfeasance
of incompetency: and if the other horn
of the dilemma is taken that there was
knowledge then there is the obligation.
There is no question certainly in the
mind of the Commissioners here that the
police if they wanted to could have fol-
lowed it up and prevented these viola
tons. Hundreds and hundreds of com
plants come to our office from all over
the state thai they cannot get results
from the city officials. and it is a noto-
riouS fact that the violation of the law
is going on in a large way in many places
to secure the evidence and to enforce
these laws.
MIR. SULLIVAN: May it please the
Commissioners, | won't take up a great
deal o fyour time; | want, however, Just
in passing to cali YOU attention to one
or two little matters. | want first to
call your attention to the statement
made by Mr.. Watkins to the effect that
it WIS Il matter of common knowledge
in the vicinity of Bismarck that we had
hawdy houses here. From his argument
we might infer that the cause of those
bawdy houses was the defendant. We
might infer from his argument that all
of these frightful conditions that he de-
scribcs here during the time that he men
tons was due to Mr.. Mcdonald. and that
all of these things. the morals of the
community. the righteousness Of the
community, and the whole business was
upon Mr.. McDonald's shoulders. As
long as men are inclined. | suppose. to
w~ickedness, n ! for one can't see why
every man, woman and child that knew
Of this condition. including Mr.. Watkins
himself, should be excused from their H..
ability or account Of this condition. and
that your Chief of Police should be pick
ed out and he, and he alone be mad the
person responsible therefor. 1t doesn't
seem to me that that is fair. 1t doesn't
,rr, 80 ~, tInf t1ot S. a fnt, nrl 1,1.t
argument.
Now as to the duty Of the Chief Of
Police. I think Mr.. Hanley. in his argu-
mcnt. covered that fully: However, Mr..
where police officers have the authority
you will notice in other sections of the
statute that it is a duty. Under the sec
ton of the statute that he refers to, the
legislature saw fit to make a distinction
between proclaiming a duty, and giving
an authority. In these other sections
they put the responsibility upon the pO-
lice officer: in this n they simply give
him authority. Now ! think the Com
mission can see the distinction in that
order to do SO. In the one place he is
the man made rcSponsihc;| in the other
place. if he is authorized, If he is d.
rcctcd by his superior officers. if he is
certain things, then in that case he has
authority to carry Jul these instructions
and the legislature saw fit to make that
distinction, and | think it would i'll be-
speak us to override a distinction that
the legislature has made.
AS Is usual people who have placed
upon themselves the obligation, of en-
forcing the laws Of the state invariably
try. not only to enforce the laws, blu to
regulate the morals. regulate the think
ing and the diet INC regulate everything
that an individual citizen might. dc. 1t
has come to pass in this day and age of
prohibition in our state-not that | am
against prOhibition-but it has come to
a pass where they have gone outside of
their regular routine and have contract
ed the disease commonly known as pro-
hibituS, a disease that is only known to
a man who has become so se~lf-important
and so self satisfied with himself, a class
of men who rave developed the idea
down the morals and that no persons
but themselves have a right to say what
a man should do or hould not do, and
then they conclude with the fact that
every single ma in the world Is ViOlat-
ing the law except themselves.
Now, Mr.. Watkins-1 am not making
my remarks especially to him, but to
the class. to the ones that Mr.. Watkins
ward. not With their directions or in
structions. but upon his own initiative.
He. himself. might possibly-if some 9TH
er person had been as aggressive as he
for he became aware of these viola
tons, for he became aware that the
person had brought information against
Mr.. Watkins. Mr.. Watkins might have
been removed, according to his theory,
as constable for the reason that he wait
ed from the time he got this information
against the Chief until right now in or
der to bring it forth, so if anybody had
brought IN information in the meantime
he would have been in the same posi-