Baraboo weekly news. [volume] (Baraboo, Wis.) 1912-197?, 1921-09-22
CHIEF OF POLICE LOSES
APPEAL TO HIGHER COURT
Decision Says Officer Should Have
Taken Steps When Biackmail
Letter Was Received

4
asaeans that Mr.. PeltOn has lost his ap-
peal. 1t will be recalled the action
was brought by E. S. Johnston and
others after threatening letter had
5aeau received by the First National
bank and no action following on the
9aYt of the officer. Several hearings
followed, the Fire and Police commits
>xaSgH relieved Mr.. Pelton of his posi-
@RaM and the officer appealed. A copy
,Ef the decision has been received by
City Attorney v. H. Cady and reads
&s follows:
The fact that commissioner Peck
was related to F. G.. Peck, who testi-
Led as a witness and signed the petit
0lon for the dismissal of Mr.. PeltOn
does not disqualify him from acting
as commissioner or render the de-
termination of the commission void.
The case is not one in which either
commissioner Peck Or his uncle had
amy pecuniary interest, or any interest
snf any kind, other than that possessed
10y every citizen of BaraboO.
There is no proof that would war
,xant a finding that the commission or
amy individual commissioner was in
sSrumental in beginning this proceed
ing. Even if the testimony of Mr..
Cheek be considered as evidence of an
admission by a party to proceeding
1t is fully met by the positive state
vagnt of the commissioners made in
their decision.
There is nothing that will warrant
the conclusion that the commission
ks&sed its decision upon complaints
made to individual commissioners
rather than UPON the formal written
complaint upon which this proceed
1mg was based What is stated by the
commission as to complaints made to
individual commissioners relates to
EIaS charge that the commission in
~stituted this proceeding, and is not
"a basis for any finding made by the
commission
1T is not material that general char
Ees may have been made, if, as mat
%er OF fact, the evidence supports
specific findings Of the commission
as TO conduct on the part Of Mr.. Pei
'eCn that is such as to justify the COM
mission in Diminishing him from his
ys9aCe as chief Of police. Upon this
question the sole issue is whether the
evidence shows reasonable ground for
che decision made" This review of the
action by the commission is mot for
the purpose of deciding whether the
TgEsFfcer was in fact guilty of the char
eyes made, or whether the court would
decide the same way upon the evil
@gence, but simply whether the board
mad performed it's statutory duty and
made q reasonable decision upon the
evidence, lie, had acted not necessarily
wisely, but, as reasonable men upon
The evidence placed before them" -
CLANCY Fire and Police Commits
ssi0ners 150 Wis. $50, 636
A reading of the entire evidence
satisfies the court that the testimony
taken presents reasonable grounds
E0r the decision made When a black
mailing letter is seat threatening
death in case large SUM of money is
xsS1e left at a designated place, it is
entirely inconsistent with the perfor-
NU&nce Of official duties that the head
~oT the police department should stand
upon the street corner, leaving the
matter entirely in the hands of the
person threatened and Of his friends,
s8nd do nothing, because he didn't
Know what they wanted, because as
NE himself stated he expected him to
let me know what he wanted me to
do; 81 was waiting for that order.
would have been willing to help them
{Test. p. 1884 1t was clearly the
duty of the head of the police depart
nent of the city to do something more
than to await orders and merely stand
b2esady to help The deposed chief
showed the same inability to perform
the duties of his office with reference
TO the burglaries committed by OWN
nell. In spite of the fact that he tes-
Gifted 81 though it was Dwinnell"
Crest p. 1902 he took no effective
steps to prevent the buglaries or to
.6pprehend the offender Had he Ia
Ken Dwinnell into custody, the often
SseE would doubtless have confessed
his crimes to him, as he did to those
who subsequently arrested him.
Et is unnecessary to review the
evidence as to the other findings made
fsy the commission. The evidence as
go the matters briefly referred to
above affords reasonable ground for
the decision made by the commission,
even if it should appear that the evil
eStence does not support any of the 9th
eaC findings of the commission. The
Fnn6fngs reviewed above afford rea-
ssB1able ground for the order made.
THESE findings affect Mr.. Pelton's
competency or fitness to hold the
mice of chief of police, although they