Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-02-10
WOULD BE PLEASED TO
HAVE STATES ATTORNEY
OF MORTON COUNTY AS
SYST IN "CLEAN-UP" HERE
AL Information
States Langer's Message to Off,
Gals Here Based on Hear
-.
say and Not Facts.

ernor L.. B. Hanna, the President Of
the Senate, Speaker of the House, At
General and himself, by States
Attorney William LANCER of Morton
county, in which the latter states that
alleged conditions in the city of Bis
marck and county of Burleigh, arising
from an alleged non.enforcement OF
the prohibitory law S of the state,
have softened the effect and handi-
capped the states attorney of Morton
in the cleanup campaign he
has instituted since taking the oath
Of Office in January, with the follow
ing letter to States Attorney LANCER:
Hon. William LANCER,
States Attorney Morton County,
Mandan, North Dakota.
Dear Sir: am in receipt of your
letter of the 3rd instant, to hand
about 2 o'clock p. m., on Saturday, the
9Th instant. other pressing matters
then Immediately under hand making
a reply by return mail impossible, ana
hence now take this opportunity to
acknowledge receipt of your letter,
contents of which have been carefully
noted.
Information Nothing New.
am pleased to note that in your
letter you state that the alleged con-
ditions prevailing in Bismarck, anG
Burleigh county generally with refer
to alleged violations of the pro-
'hibitory laws of this state concern.
ing (which l understand you have ad'
dressed certain communications 10
the Governor of the state, the Presi.
dent of the Senate, the Speaker of the
House of Representatives, the ;AttOr-
ney General and also a large number
Of the members of the present Legis-
lative Assembly for this state, are SO
far as you are concerned largely bas'
ed ON hearsay. which you realize not
to be admissible in court as cOmpe.
tent evidence. So far as hearsay is
concerned J have for two years past
through states attorneys ~suiopOenas
and inquisitions holden tried to run
them down, with but Indifferent and
in fact l might say, but partial If no
success. So that your information al
this time conveys to me nothing new.
Would Invite Evidence.
Tut inasmuch as you particularly
refer I'M your letter that you have per-
sonally been in such position at times
in this city during the past two
weeks, and have heard conversations
and in one particular instance in a
bawdy house in this city. | presume
l am not asking too much when Re-
questing that you present TO me the
names of the persons of whom this Of
flee, in the manner prescribed by law,
may secure such evidence which will
enable this office to institute either
civil or criminal proceedings agains;
the persons guilty of the, alleged VIC.
lations of law. This, it would seem
to me, is the only and proper, not to
say the ethical and professional way
to bring THE matter to the attention
of this office. It is information and
not hearsay that this office wants. If
YOU and your friends will come for
ward and lay your personal KNOW.
edge before this office Or present such
facts as will enable this office to SC.
cure competent evidence, the states
attorney OF this county shall not hes1.
tate to put the machinery Of, the law
in operation.
Laws Are Violated.
II have been, am now and probably
shall continue to be Of the same
opinion with yourself that the laws
Of this state against the importations,
and sales of Intoxicating liquors in.
to this county. as well as those re.
lating to gambling, houses of ill-fame,
etc., are constantly being violated,
but must and do disclaim any and
all personal knowledge thereof for
several years past as least, al
any time having %frequented any or
such places myself, unless, in years
gone by, a membership on my part OF
certain associations or clubs then
more or less indulging themselves
for the benefits Of its members, in the
handling of beer, etc., all of which
am informed, have ceased so to DO,
be considered as an exception of the
foregoing general disclaimer, ana
shall gladly receive any tangible proof
of the existence of amy such infrac.
ton of the law either at this time or
at any time within the past two years
with a visrT to the prosecution OF the
offenders, regardless of my W per-
sonal relations, if any, in such prem
Uses. ST..
Not Obliged to Detect.
Your letter states:
II have found that the states al
torney Of Eurleigh county is doing ali
he possibly can do under his theory
that he is himself not a detective"
and in connection with this | merely
desire to call your attention to the
fact that while I realize that a states
attorney should be keenly alive and
should seek to keep himself informed
of conditions in his county or district.
l am not ware of, and have neves
been aware of, any statute making it
incumbent upon a states attorney in
connection with his manifold other
duties. to put in his time to run
around seeking infractions Of the
laws.
Such as l understand and view the
situation is the duty of the sheriff
and all ether peace officers. not to say
anything with regard to the citizens
of the county or state.
Having realized that the provisions
of Section 1010S of the Compiled
Laws of 1913. thea as now saction
9:GS of the Revised Codes of North