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Show policy." "Administration policy" has nothing to say-about the toleration of law-broaking or else "administration policy" might omo day decree the protection pro-tection of murderers and vagrants. It would be a most natural and logical utep: . I do not seek to shield the mayor. may-or. If tho blame can be foisted upon up-on him. I Bhould be the first to demand de-mand his removal from office. He is at the head of tho city government. Each department looks up to him for orders, and yet if the Are department makes-a 4)otch-of fighting a lire, the mayor Is not condemned. Tho fire chief is and tought to be. That Is his special line of work. The city engineer en-gineer Is consured for unsatisfactory work In his office. It would be wrong to attack the mayor for it. We pay the sanitary Inspector to do certain things. We do not ask him to camp on tho trail of gamblers and Belle's crowd and to bring them to Justice. , Well, then, who is supposed to go after these law-breakers? The lire department? No, they are to fight fires. Tho poll tax collector? No, he is to collect poll taxes. Tho city engineer's en-gineer's office? No; they have to think about sewers and sidewalks. Well, who? I, hate to suggest the police po-lice department.. That is such an unkind un-kind cut the most unkind cut of all. I hate to Intimate that It Is their duty to stop gambling and Its kindred evils, because they say it isn't. They say it Is the mayor's fault that gambling Is protected. Let's look at some of tho stMe laws and city ordinances. I cannot quote all, but I can quote some that may illuminate the subject. State Laws. - Title . 13 Cities and Towns, Chapter 2, Mayor. Sec. 183: He may exercise within the city limits the powers conferred upon him to suppress disorder and keep peace. 190: He shall perform all . duties which are or may be prescribed by law or ordinance, and shall see that the laws and ordinances are faithfully executed. The word "may" 6eems to let the mayor out, seems to absolve him from obligation, but in law the meaning is always mandatory. It connotes "shall" or "mu6t" whenever the rights of the public demand the exercise of the power 10 perform the duty to which It refers. Whenever a statute dhects the doing of a thing for tho sake of Justice or the public good, the word "may" will be read "shalK" "May," in its ordinary meaning, would render the law dead. It is, therefore, plainly within the mayor's duty to see that the laws and ordinances are faithfully, executed. He may not know that these laws are being violated. Therefore. I have tho privilege of stating that the gambling laws were being violated la9t night, anc also stating that his police force Is not enforcing these laws. The law says, Mr. Brewer, that you "shall see that the laws are faithfully executed." It gives you no option. You are not expected to see that public pub-lic opinion is "faithfully executed." That ought not to worry you. On January 20, 1909, some one in authority au-thority (and I don't think it was the city recorder) guaranteed immunity from nollce intervention to the follow- ANOTHER OF OGDEN'S DEMANDS.. REV. NOBLE STRONG ELDERKIN ADDRESSES LEGISLATURE. Demand of City That No Oaths Be Required Re-quired of and No Duties Be Imposed Im-posed Upon Its Officials. In the third of a series of lectures delivered at tho Congregational church, addressed to .the Utah State Legislature, Reverend Noble Strong Eldorkln presents what he terms another an-other demand of Ogden. Ho Bays: Gentlemen of the Legislature: Tho situation In Ogdon is so peculiar pecu-liar that it demands special consideration considera-tion at your hands. We have earnestly urged you to repeal all antl-gambllng and all anti-social evil laws. In their stead we wish such lawB as 'will pleaso these boasted main Industries of ours upon a sound legal footing. If our representatives ask for more stringent laws, so that our officials may .the more efficiently deal with these evils, they in no way speak for ub. You will not hee4 their Incoherent mutterlngs. But if a member of your body, who Is now In the employ of the National LiQUor Dealers' association, at $260 per month, and whose fondest hope is the passage of a good, strict prohibitory, prohibi-tory, law, so that his clients will be put out of commission, proposes a law by which tho business of Ogden's queen will bo legally recognized, you may be sure that he speaks for ".us, whether he hallB from Weber or not. It Is reported that ho will introduce that bill. Pass It. Ogden wants it. And thus we confidently hope the Intuit In-tuit heaped upon us by Salt Lake, when it checked tho philanthropic enterprise en-terprise of "our leading lady," will bo avenged. She will then be queen of tho south as well as queen of tho Aortlf. She will have come to her own. Bait Lake will be her's as we are; ind our ancient rivalry will melt away for wq shall both look up to a common com-mon master. It Is a consummation deoutly to be wished for. Wc ask of you, gentlemen, one other thing. It comes directly out of these matters which have concerned us for the past two weeks. If you repeal the laws contained in chapters 31 and 83 of the compiled laws of Utah, 1907. you will need to pay little attention to the demands of this sermon. If you do not repeal these chapters, Ogden Og-den asks of the legislature that no oaths be required of. and no duties Imposed upon, its officials. Our reasons rea-sons for this request are patent ' ; ho pleads "not guilty" tho saloonkeeper saloonkeep-er who robbed the offender of x his faculties and hlB roll Is called in. He testifies to his part of tho transaction. Liquor bought over his bar made the defendant beastly and coddenly and offensively drunk. Ho had to.call an officer. The .officer Is summoned.' "Tho defendant, your Honor, was drunk, as Bro. Jones states." . The testlmony.ls complete. Justice is meted out. Justice! Jus-tice! A damnable Justice I Tho man who deliberately and with malice aforethought made a -beast - of --his brother, walks away complacently-behind his cigar, while tho city employes greet him cordially and obsequiously. Some day, when the larger "brotherhood has come to Its own, tho debaucher will be punished Instead of . his victim. ... The other great crime Is the violation viola-tion of the' bicycle ordinance. I do not Bav that this is a useless law. It isn't. But I do say that it ought not to bo exacted above other important laws. Every bicyclist in Ogden could malm and injure one person a week tilt year round, and.be doing. nothing more than what every protected spot of vice is doing every night . of the week. The bicyclist who harms another an-other Is, and should be, severely punished pun-ished -for his defiance of law. And the monger of vice who harms, his brother infinitely more, and whose blow Is struck with deeper malice, ought to bo punished for every offense of his. Instead his victims cry plteous-ly plteous-ly day and night to the guardians of justice and the cry is never heard. Bather do the "guardians" of Justice zealously protect the privileged monger mong-er of vice. The third offense is the unpardon-ablo unpardon-ablo sin of asking a plain clothes officer of-ficer for "the price of a bed, pard-ner." pard-ner." Than this there Is no greater ctlme. It calls for 20 days in the municipal quarries or a suspended sentence of 90 days. I always conclude con-clude when a plain clothes officer Is thus approached that the "hobo" who does the touching doesn't know the one ho approaches is an officer. This. oi course, Is a serious reflection upon the undressed portldn of our police force. They don't look like officers. That isn't their worst fault. They don't act like real live officers. Real offlcerB, who take oaths to perform their duties with fidelity, would not protect open and insolent deflers of the law. We were speaking of the 'side-stepping of the officers and of the serious affection of the official thumb. This leads us to another strange situation. Every officer will. tell you that public opinion does not demand the enforcement enforce-ment of these laws. That may be bo In Ogden. Our portentous silence Is the lullaby of the law-breaker. Ho will awake up tomorrow morning knowing full well that because we do not protect we do not care. But here a question that quite naturally obtrudes its ugly self: , Does an officer take an o&th to enforce public opinion. I was driven to the laws themselves. 1 searched them carefully through. 1 thought I should find some such enactment en-actment as this: Every officer before entering upon the duties of his office shall solemnly swear to enforce public and perform all duties enjoined upon thom by ordinance. Sec. 247. The several members of tho police force shall have power and authority without process to arrest and take into custody any person who shall commit or threaten to. commit In the presence of such officer or within with-in his view any brench of the peace or any offense directly prohibited by the laws of this state or by any ordinance. ord-inance. From" these laws I conclude, perhaps per-haps foolishly, that tho police are to bo the police of the city. They aie not the law makers of the city or tho Interpreters of the law. They are nowhere no-where instructed to enforce such ordinances ord-inances as tho mayor or city attorney may see fit to suggest. The city council has power to make such laws as will ielp in the suppression of crime but tho police are the paid specialists spe-cialists of the city in the real business busi-ness of detecting and suppressing crime. I may no in error but I figure out that we have in the city a law making body, the council; a law interpreting in-terpreting body, tho municipal court; and a law enforcing body, the police. We do not ask any one of these to perform the functions of all tareo and we do not thank any of them for trying to do it Now tho police have certain things to do. They are to arrest all lawbreakers lawbreak-ers of whatever stamp or disposition. Ihey are to do this whenever they find a law-breaker. The mayor has no right to object If you perform your duties. The people cannot complain. You are only enforcing tho laws. In order to cure some law-breakers you arrest them every time you catch them at the business. You do not arrest a drunkard but once a month. The $5 fine he pays today does not mean that this particular individual may not bo on another drunk tomorrow and not be liable to punishment. The payment of a $2 or $5 fine is not a license to break the bicycle ordinance all the time for a month. Then by what reasoning are tho privileged and protected classes allowed for a single fine to break the law all the month. Why not fine thom every time they are caught at it, and they can be caught every day. We have "the finest kind of a city gambling ordinance. Title 10, sec. 24. "Whenever any peace officer of said city has reasonable reason-able grounds for believing that in any house or place in the city the business busi-ness of gambling is being carried on. it shall be lawful for such peace officer of-ficer to enter such house or plice with or without warrant and such officer offi-cer is hereby authorized to seize all instruments or devices there found for the purpose of gambling and to arrest ar-rest any person having charge of such house or place and all others there found engaged In playing at any game for money or other property." It gives you authority to seize "all instruments and devices there found for the purpose of gambling." All opln Ions of. former city attorneys to tho contrary, you will be upheld by Judge Murphy if, in the performance of your duty, you break down doors which are not opened at your command. In the Standard of November 2,. 1905, (to clto only a single Instance), the case of Joseph Bott, proprietor of the Little Queen saloon, on a charge of allowing women in his saloon, was renorted. law. The bars let down hero, where may they not be let down? I havo letter which the manufacturers manufac-turers and dealers club of Chicago Bent out to the brewers of the land, showing show-ing that the danger in prohibitory law was not the decreased sale of liquor or tho creation of hypocrites, but the placing of the "police i power" above "tho constitution." And their protest pro-test is not against an unlawful ox-crclse ox-crclse of "police power" but against a lawful exercise. Wc are facing a crisis today. With men everywhere taking the law in their own-hands we confront the problem of anarchy. The issue is likewise ethical not legal. New York. Philadelphia. Pltsburg, Chicago, San Francisco, aro meeting different phases of it. The Standardr Oil company defies the law of various states mostly because it knows that the bulk of the state cares little about the supromacy of law. If It were sure that all citizens haled lawlessness it would fear to advance one step into the forbidden field. But why, tell me, should tho Standard Oil fear to defy the law here in Ogden. Wo support from year to year a great body of law breakers and law haters who own the police power body anil soul. These law breakers nro . not hounded by an energetic police but are zealously protected in the breaking break-ing of the law. Much of this de fiance in Ogden Is on the part of vice-mongers who could not exist for a single moment wlmout tho beneficent and gracious protection of the majestic majest-ic defenders of the state and municipal munici-pal laws. Tho genius of anarchy is defiance of law. When officlalai paid to keep men from this defiance, assist them in defiance de-fiance we have something worse than anarchy. It used to be called treason. And if this Isn't complicity with criminals, crim-inals, then it Is Incompetency. Ogden still wants to know. We are not in the least concerned with the products of these. protected evils. Perhaps innocent women and children have to suffer! Perhaps homes are forever ruined! Perhaps puln and heavy hearts are multiplied! What do we care? That is maudlin scntlmentallsm! But we do care when democracy is threatened. Law-brcak-lng,' protected, condoned,' winked at. means the weakening of' our social fabric and the retarding of civilization. civiliza-tion. We were asking a' somewhat inane question during the last campaign. It was couched in catching terms. "Shall the pcoplo rule?" It became the slogan slo-gan of a party. It was bandied about so much that It Inst all semblance of Its original contour. But simply asking ask-ing tho question means that some doubt exists In our minds as to whether wheth-er our form of government Is really democratic. Is the will of the people the decisive factor in public problems? prob-lems? Can the people do what they wish to do? On the face of it, this question we aro meeting here In Ogden is very trifling. A very small portion of the population is given police sanction to break law. These privileged lawbreakers law-breakers of ours may bo decent law breakers perhaps the best class between be-tween Chicago and the coast. Why not let them take their ease in Zion? Here is the point After the Cal-abrlan Cal-abrlan earthquake the theatrical syndicate syn-dicate of Boston approached the may- Laws upon our state and city books expressly command that gambling and tho social evil shall be suppressed. The laws further Insist that officers, paid by the city and county, shall see to tie enforcement of these Jaws. Of course, this la a preposterous requisition re-quisition on the face of It. At least that seems to be the sentiment of our officials. I havo been at pains to frm Borne official who would openly assume as-sume the responsibility for protected law-breaking. So far all havo been troubled with a peculiar and malignant malign-ant disease of the thumb. You go to the police and broach this matter and the thumb goes out. It points to the mayor. The mayor's thumb works the same way. It slips around toward tho county attorney. The county attorney says he'll see the mayor. So it goes. Somo thumbs point toward Judge Murphy. The voices behind those thumbs say you may take one of these 1 cases to the municipal court seven times a day and bo thrown down. The point Is here. Everybody sidesteps. None of them has duties. That is, duties to suppress these lawbreakers. law-breakers. Of course, there, are duties of protection for the privileged criminals. crimi-nals. The Ogden police, however, recognize three heinous offenses: One Is to bo poor and be found drunk. This offender is unmolested until tho saloonkeeper sa-loonkeeper has all the offender' money. Then tho patrol la called, and If the culprit pleads guilty, he gets five days on tho rock pile. If opinion,' whatever that may be, at any given time. Instead I found that the framers of the state constitution had perpetrated a glaring blunder. They had put this kind of stuff into the constitution: Article 4, Section 10. All officers mode elective or appointive by this constitution. or by laws made in pursuance pur-suance thereof before entering upon the duties of their respective offices, Ehall take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will support, obey and defend the constitution of the United States and the constitution of this state, and that I will discharge the duties of my office with fidelity." The thing we wish to ascertain Is the hardest of all things to ascertain. Just who Is responsible for the enforcement en-forcement of law? No one knows up here in Ogden. There may be too many bosses or there may be only one and she may be of the wrong stripe. One faction insists that -the mayor is at the head of the city government and by virtue of his position can Btop this or tolerate that. Are we to understand, un-derstand, then, that the mayor could issue an order tomorrow instructing the police to desist from arresting all burglars and murderers, and that tho obedient and docile policy would Immediately Im-mediately heed his behest? If that is so, wo are at a critical stage of our chic life. It Is idle to qualify tho aualogy by saying: "The mayor may-do may-do so in matters of administration It seems tho evidence showed that tho officers were denied admission to tho saloon. Thereupon Judge Murphy said: "You officers -were much more patient pa-tient in this matter than I would havo been, If I were denied admittance to a placo ,of business as you were. I think you would have been perfectly Justified in breaking down that man's door and shooting him If ho made any resistance to you In the pursuit of your duty." That's pretty fine sense. I am sure he would be willing to uphold you in the pursuit of your plain duty. It may bo Interesting to see what the city ordinances say of the duties of police officers: City ordinances, title 8, chap I, sec. 1. It shall be the duty of the chief of police and he Is hereby authorized and empowered to diligently enquire Into any and all violations of the city ordinances; ord-inances; ... he shall use due diligence to ferret out all disorderly houses In the city, etc. I can't Imagine why this special subject sub-ject was handed to the chief instead of to the city dog-catcher. This absurd ab-surd ordinance will of course be omitted omit-ted in tho revised ordiannces. City ordinaces, tltlo 8. chap. 2, sec 4. Every policeman appointed and all officers and members of the polico force shall take an onth for the faithful faith-ful performance of his duties In connection con-nection with his office and shall seo that the ordinances of tho city are complied with; It shall be the duty of each policeman to watch the conduct of persons of known or suspected bad character and shall report such persons per-sons to the captain of police whoso duty It shall be to report to the chief of police without delay. There Is no Justice In this. What right under high heaven, has the city to demand such absurd duties of its police? po-lice? Doesn't this, by right, belong to the city surveyor, or the city hall Janitor? But after all, aren't we debating an lndebatable subject? These very men who are protected by the police do not grnnt the police tne right to place police power above the law except in their particular cases. They would strenuously object If the police permitted per-mitted the stealing of anv property belonging be-longing to a gambling house. Yet granting the right of the police to protect them In their law breaking, the very next step is the granting of the right of police Jo annul any other or of that city and in the name of suffering humanity, craved permission to give benefit performances the next Sunday. All the money was to go to Italy. It wras to relieve suffering. They knew their request was con- trary to law. It did not occur to them that the box-office might as well turn over the Saturday receipts. The lovo of humanity was not. In the ultimate, the master passion. They were taking advantage of a trying situation. Tho game was to work "suffering humanity," as an entering wedge. The law broken once could be broken again for It would be easier to justify their law-breaking the next time. Iho mayor refused. He was branded heartless, heart-less, and some other things, but ho was there to see the law enforced. He had no option. That is America's greatest and most baffling problem. None of U6 respect the law. This local' problem of ours may be apparently Insignificant but it is a phase of our national problem. Civilization Is dependent upon law. Obedience to law is essential to tho life of a civilized society. Then here the very life of chilized society Is threatened. Law Is worse than useless, not when It Is defied by a few vicious criminals crimin-als who are hounded by a vigilant police po-lice force, but when Its defiance and violation are openly condoned by th"3 law enforcing body. A policeman uses his club upon an unruly captive to toacb. him the unwisdom un-wisdom of resisting the law. But where the police power is thrown around a law breaker to protect him in his criminal program, the purpose of the law is more than defeated. Crime is usually punished so that others who are planning to commit a like crime may be ''strengthened" to draw other plans. But the crimes wo are speaking of here arc not punished. Tho object is not at all to persuade our "choice citizens" to change their plans, but rather to assure them that In the future they will be properly protected pro-tected in their violation of law. These laws do not In the least inspire the respect of the protected criminal classes. The punishment in no way helps them to future obedience of tho law. Richard III shouted, "Off with his head! So much for Buckingham!" Buckingham understood and the by standers too. The king meant business. busi-ness. Gentlemen of the legislature Our appeal can be simply stated. You can see from what I have said, the stupendous task we have on our hands in getting our officers to "faithfully discharge" the plain duties of their offices. It is an impossible task. Their long suit is side stepping. Hence we want our officials relieved from the necessity of taking an oath which will require faithful pcrformanco cf duty. Secondly, we want that they should not have any definite tasks imposed im-posed upon them. For, the minute you give them definite tasks t'aey pro-ceed pro-ceed to excuse themselves from the performance per-formance of them. Thirdly, we believe It would be far more conducive to tho health and happiness of our officers if the law would allow them to do vhat the mayor wants or what public opinion demands or what our queen courts desire. But do not ask tacm to enforce tho law. That is the supremo su-premo insult. (Signed) NOBLE STRONG ELDERKIN. Ing. while they conducted gambling houses : Crelghbaum & Peterson; J. F.. Smith & Company; W. J. Powers. On January 21 (last Thursday) Bro. Gus Hushfleld entered the circle .of powerful citizens. These each paid the city $299 for tho privilege of running run-ning gambling houses.. On January 20 D. W. Cotts & A. Ives paid $100 each and will bo free for the next 30 days to conduct poker under the protection of the city. What Ogden wishes to know is, who has the authority to grant this Immunity from future punishment pun-ishment to these particular gentle-I gentle-I nun? I .havo been looking through the books and cannot find that any one Is thus empowered. However, I shall be glad to be corrected. If tho mayor has done it, Ogden ought to know It. If a group of officials have conspired with well known law-breakers to defeat the law, Ogden ought to want to know It. The mayor told me a week ago that nominally h.o could by a single word stop gambling, but toward the end of the conversation, he paid- "1 am really powerless." If it is true, as tho police Bay, that the mayor is tho guilty party, why don't the police show him up? Let them earnestly endeavor for one week to keep gambling down and I let's see If the mayor dares to compel hio police force to desist from enforcing enforc-ing the law. Here Is another ambiguous law: Title 13. Cities and Towns. Chapter Chap-ter 4. Section 206: "The city council coun-cil shall have the following powers: (40) To suppress and prohibit gambling gambl-ing houses, lotteries, and fraudulent devices and practices and all kinds of gaming, playing at dice, card6, and other games of chanco." This Is rather definite. Perhaps wo ought to seek relief from this source. Yet the council Is our law making and not our law enforcing body. We do not pay them for policing service. When we do, perhaps they will bo glad to serve in that capacity. Here Is another: Tltlo 15, counties; Chap. 11, County attorney; sec. G33. public prosecutor, duties. Ihe county attorney is a public prosecutor and must: (1) Conduct on behalf of the state all prosecutions for public offenses in Justice courts. (2) Institute proceedings before the proper prop-er magistrate for the arrest of persons per-sons charged with or reasonably suspected sus-pected of any public offense, when ho has Information that any such offenso has been committed, etc. Ihe county attorney apparently has no option. He must do tho things set down In these sections. He has the information, (I gave him that), and ho may have, so the police say, all the evidence ho cares for to prosecute these violators of laws. What he is waiting for, I do not know. It Is not a "roaeonble" suspicion. It Is an open confession of guilt on which he may begin his work. Perhaps relief wiil come from this source. Hore are other state laws; Tltlo 13, cities and towns, chap. II, sec. 245. The chief of police in the discharge of his duties shall have like powers and bo 6ubject to like responsibility respon-sibility as sheriffs and constables In similar cases. He shall suppress rlot3, disturbances and breaches of thtf peace, and apprehend all persons committing com-mitting any offense against the laws of tho state of the ordinances of the city. And at all times he shall diligently dil-igently and faithfully discharge his duties and enforce all ordinances and regulations of the city for preservation preserva-tion or peace and good order, and the protection of the rights and property of all persons. Chap. II, eoc. 246. It shall be tho duty of the polico force In any city at all tlmos to preserve tho public peace, prevent crime, detect and arrest ar-rest offenders . . enforce every law relating to the suppression of offenses |