The Bismarck tribune., 1934-09-11
COMMISSION GIVES
CUSTER DECISION
TUESDAY AFTERNOON
Findings Of Fact, Conclusion Of
Law for Judgment Rem
dered by Foster
NEGLECT HEADS CHARGES
lnsubordination, Malfeasance
And Misfeasance in o.
flee Also Listed

Finding Police Chief C. J.
Martineson guilty of neglect of
duty, insubordination and both
malfeasance and misfeasance
in office, the Bismarck city
commission late Tuesday def
initely removed him as chief Of
police, effective at once.
He had been suspended from
duty on August % pending for
NAL hearing of charges filed
against him by the commits
sion.
The findings of. fact, conclu-
sion Of law and order for judg-
ment, q five-page typewriter
document, was drawn Monday
by City Attorney G.. L. Foster
and approved by the commits
sion late in the day.
Guilt Findings Listed
The findings Of fact were:
!. That MartineSon had failed,
neglected and refused to attend to his
official duties, spending not more
than 10 hours Z week ut the police
station or In duty upon the street.
2. That he had failed, refused and
neglected" to carry out orders given
him by Police Commissioner Paul
Wachter and has acted and con-
tinueS to act in . manner contrary
to the best interests Of the people Of
Bismarck and Of its police force by
reason Of such INSTRUMENTATION.
3. That he was guilty Of malfeas-
anoe In office by reason OF chang
ing the charge on an arrest slip made
out by Policeman Kavaney in the ar
rest Of Lawrence Ashcraft, to a lesser
charge than that listed by the patrol
man. It Is further found that Mar
tineson failed and neglected to in
form the police Judge Of the change
in the drrest slip made hy him. It
further asserts that Ashcraft never
was brought before the magistrate
nor rearrested and since his release
by Martineson has been at liberty.
The findings 60 into this case at
length.
Didn't Garry Out Orders
I. That Martineson was guilty Of
misfeasance in office In that he call
ed various members Of the police
force from their work in line Of duty
to act as chauffeur for him in tax
ing him to various parts Of the city
on private business not connected
with the enforcement Of law or the
police department"
5. That he had wholly failed. neg
lected and refused to carry out ord
ers given him by the commission with
respect to the regulation Of traffic
and that such failure to obey orders
has permitted the traffic to become
in chaotic condition and thus caus-
ing danger to people and property in
the city Of Bismarck
s. That there was q failure to prove
charges four and six in the specifica-
tions filed against Martineson re-
garding physical inability to perform
the duties Of chief. In view Of this
fact the commission held that his
failure to perform the duties CON
stitutes both misfeasance and NAL
feasance in office as chief Of police
Of the city Of Bismarck
The commissions conclusion Of
law" was that Martineson had been
guilty Of misfeasance. malfeasance
and neglect OF official duty.
The order for judgment asserted
that &C. J. Martineson be, and he Is
hereby, removed from office Is chief
Of police Of the city Of Bismarck from
and after the date Of this order and
judgment
The conclusions Of law. order and
scfjudgment were adopted by the COM
mission at 3 meeting in the city hall
late Tuesday afternoon IS . resolu-
ton Of the board, action being taken
on motion Of Commissioner Wachter.
President A. 2. Lenhart and Commits
sioners H. 7. Perry. J. B. Smith and
Homer spohn supported the motion.