Council Proceedings

[OFFICIAL. [ Council Chambeb, t Ans Akbob, October 23, 1893, f Special session. President Watts belng absent, the council was oalled to order by the clerk. Boll called. Quorum present. Absent- Pres. Wette- 1. Aid. Manly was cltooeen president pro tem. The clerk read the followlng cali for special meeting : Ann Abbor, Mich., Ootober 26, 1893. Wm. J Miller, City Clerk.- You are herebv dlrected to cali a special meeting of the common council of this city to be held on Monday niglit, at 7:30 in tlie afternoon of that day to eonsuier the message of the mayor of October 16. 1893, reporting the appointment of Charles Wheeler, Marshal, and also the mesenge of the mayor October 24, 1893, reporting thisaction in suspending James K. Murray fïora ofHce as marshal, and also removing htm from said office, provlding the council consent thereto. & M THOMpsoN Mayor. Tihe ciiair ruled th-at the oiüy busl-' ness beiOTe ttids council was to liear message írom tüie mayor, oí Oct. 24, 1893, reporting tlie suspensiooi oí Jas. R. Murray, marshal. Mayok's Office, ( Ann Akbor, October 24, 1893. i To the Honorable the Common Councll. Gentlemen :- I have the honor to report to your honorable body that I have this day suspended from office James R. Murray. Marshal and Chief of Pólice, and also, that with the consent of the counci!, I have removed sald Murray from office, for cause upon charges and specincations hereto annexed and to which your attention is called. Yours respectfully, B. M. THOMPSON, Mayor. Aid. HOrz moved tlhat tjie matter be laid on tihe table until said charges can be approved. Aid. Prettyman moved a substi■fcute tdiat the charges and answer be nead. Adopted. Mayok's officf. i Ann Akbor, October 24, 18!3. By virtue of the power and authort ty vested in me by the charter of tlils city, I do hereby order, direct and declare. 1. That James R. Murray, Marshal and Chlef of Pólice, be and he Is hereby suspended from said office. 2. That James R. Murray, Marshal and Chief of Pólice, be and he is hereby removed from said office, provided a majority of the common conncil consent thereto. Said James R. Murray Is removed from office as Marshal and Chlef of Pólice for cause. I hereby charge hlm with : 1. Neglect of duty. 2. Wlth disobedience of orders, tipeciflcations under charge 1, neglect of duty. (a) That said James R. Murray well knowing that ou Sunday, the 8th day of üciober, 1803 a large number of persons were iu the saloon keptby oneJoseph DennlRon, in this city, and that one of such persons while in said saloon on that day, committed a felony. and wasafterwardsarrested.and ou Monday, the 9lh day of October, was convicted of such offense, he, said Murray, wholly neglected, anti) ordered so to do by the mayor, to make complaint againstsaid Joseph Dennison for keeping open said saloon coutrary to the provisions of the statute. (b) That said James R. Murray having been informed by Joseph Dennison that a building kept and occupied by him as a saloon, in the city of Ann Arbor, was on the Mh day of October, 1893, feloniously broken open and entered by a number of persons, wlio then and there drank the beer and smoked tliecigarsof said Joseph Dennison, he. said James R. Murray, wholly neglected to make complaint againstany person or persons for feloniously break Ing and entering said saloon, although he well knew the persone 80 charged with the commission of said oft'ense. Speciflcations under charge 2, disobedience of orders. (a) That said James R. Murray liaving been Informed and w.ell knowlng tbat the saloon kept by one Joseph Deunison, in the city of Ann Arbor, was open on Sunday, October 8, 1898, and that a large number of evil disposed persons were congregated therein on that day drinking, earoustng, committing robberies and other offences, he wi olly neglected to report to tile mayor any of such facts and information, in violatiou of the instructions which he had heretofore received to report promptly to the mayor any violatiou of the stat.utes or ordinances coming to bis knowledge. B. M. THOMPSON, Mayor. Ann Arbor, October 25, J891. To the Common Council of the City of Ann Arbor. Gentlemen : The uudersigued, James R. Murray, Marshal and Chief of Pólice of the City of Ann Arbor, hereby submits to your Honorable Body his answer to the charges and specifications heretofore made by the Honorable Mayor of said city.eharging the uudersigued, flrst with neglect of duty and second with disobedience of orders. The undersigued, answering, says that the first specification of neglect of duty made bv the Honorable Mayor for his suspension and removal from office is as follows: "(a) That said James R. Murray, well knowing that on Sunday the eighth day of October, 1893, a large nuniber of persous were in the saloon kept by one Joseph Dennison in this city, and that oue of such persons while in said saloon on that day committed a felony and was afterwards arrested and on Monday the 9th day of October was eonvicted of such offense. lie, the said Murray, wholly neglected, until ordered so to do by the Mayor, to make complaint against said Joseph Dennisou for keeping open stiid saloon coutrary to the provisions of thestatnte." In auswer to this charge the said James R. Murruy says that on the 8th day of October 1893, he was by the saloon of the said Joseph Denuison a number of times and that the curtains in said saloon were drawn aside and that an uuobstructed view could be had from the street through said saloon and that the undersigned was uot aware that on tbat day any person or persons were in said saloon or iuauy of the rooms connected with the same; that he has siuce been Informed and bellevee that some person or persons ou the morniiiR of the 8th day of October atoresaid, before the hour of nineo'clock on said morning, iu the absence of said Joseph Dennison. the proprietor of said saloon, and of his clerk, broke into the back room oí said saloon and hehied tbeniselves to beer and clgars without the knowledge or eouseut of said Joseph üennison or his clerk. and that said Joseph Deuuison ou retnrning to his place of business, which waa between the hours of nine and ten o'clock on said murning, discovered that some persons had matte an entry iuto his saloon asainst his desire and wish, and he then and there turned sncli persons out of his saloon, closed his place of business and went away. The unersigued says that these facts were cletirly developed on a trial which took place ou the 9th day of October, before Justice Bennett of the citv of Ann Arbor. The undersigued further answering, says that the reasou why he did not make a complaint agaiust said Joseph Deunison for keeping opeu his saloon upon Sunday contrary to the provisión of the statute, was because he did not consider that where a man's saloon is broken into without the proprietor's knowledge or consent, or that of his clerk, that any jury or auy reasonable Court would hold such man guilty of a violation of any statute of this state ; that it it absurd to say that the law contemplates that if, iu the absence of the proprietor of a saloon and of everybo dy con nected with it, some outsider should make a forclble eutry into such saloon without the knowledge or consent of the owner or of his clerk, the saloou keeper would be guilty of a violatiou of the liquor law; and for such reasous he made uo complaint in the first instance against the said Joseph Deuuison. The undersigued, further answering, savs that the Honorable Mayor beeame greatly e'xerclsed because a eomplaint had not been made against the said Joseph Dennison and took the undersigned to task for not making such complaiut; that at the earnest solicitatiou of the Honorable Mayor, the uudersigned did ou the 18th day of October make a complaint against said Joseph Dennison, charging said Deunison with having kept open lus Bala saloon on Sunday in vlolation of the liquor law; that said Deuuison waived examlnatiou before Justice Bennett and was bound over to the Circuit Court; but the undersigned says that he took this action not believing it to be the proper action totakein the premises, Imt simply because he deemed it his duty to obey the order of the Mayor. The undersigned, further answering, says that the Houorable Mayor makes the following charge against taim, to-wit: "(Ij) Thnt sald James R. Murray having beeu infurmcd bv Joseph Dennison that a building kept and occupicd by him as a aaloon in the city of Aun Arbor was on the 8th day of October. 1893, feloniously brokeu open and entered by a number of persons, who then and there drank the beer and sinoked the eigars of the said (óseph Dennisou, he, said James It. Murray whollv ueglected to make complaint agalnstauy persou or persons for feloniously breakiug and entering suid saloon although he well knew the persous so charged with the commlssion of said offense." To this charge and speciflcation, the undersigned.answering, says that the offense mentioned in this charge was one wnich would properly come under the supervisión of the prosecuting officers of the County of Washtenaw; that he does not deern it his proviuce necessarily as marshal of this city to go ont of his way to make complaints against persons who have brokeu and entered the place of business of auother in the day time or night time without having had personal kuowledge of the commission of sueh oftene; that in tfie opinión of the underslgned, Jos-ph Deunison, whose place of business was broken into, was the proper person to make complaint against the persons damagiug his property: aud he was not awnre that he was guilty of any neglect of duty or of official mlsconduct iu not volunteering to make a complaint against persons whose names were unkuowu to him, on Information aud belief for committing the offeuse above mentioned. The uudersigned further says that the third speciflcatiou made agaiust him is as follows: "(a) That the said James R. Murray. having been informed and well knowing that the saloon kept by one Joseph Deuuisou in the city of Ann Arbor was open on Sunday October 8th, 1893, and that a large number of ovil disposed persons were congregated thereiu on that day, drinking, earousiug, comraitting robberies and other offenses, he wholly ueglected to report to the Mavor any such facts aud infortnation, in violation of the instructious which he had heretofore received to report promptly to the Mayor auy violation of the statutes or ordinances coming to his knowiedge." To this specifleation and charge the undersigned, ansvvering, says that he did not at once report the fact "that the saloou of said Joseph Denuison had beeu broken into on October 8th, 1893, for the reason that he did not consider at that time, and does uot now, that the sald Joseph Dennisou had violated any of the laws of this state; that the undersigned had not supposed that it was one of the dutiea of the Mayor of the city to actively eugage in the prosecution of any felony or naisdemeanor that might be coinmitted within the of the city or county simDly because he held the office of Mayor; that the uudersigned was aud is of the opinión that it was and is the duty and province of the criminal authorities of the couuty, the sheriff and his deputiesaud the prosecuting attoruey to take charge of the prosecution of such an offense as breaking intd a mau's place of business iu the day time or night time. The undersigued would further say that prior to any knowiedge coming to him whatever of the commission of the offense nbove mentioued, the same has been reported to the sh-riff and was in the hands of tüe sheriff to take such actions in relation to the same as hesaw fit. The undersigned would further say that he has endeavored in hls official aetion to promptly report auy violation of the ordinauce of this city or of the liquor laws of this state to the Mayor and has promptly made comolalnt for any violatiou of said ordinances or said liquor law where such violations have come to his kuowledge. The uudersigned further answering, says that he does not eonsider that he has heen guiltyof any neglect of official duty iu uot reporting the breaking and entering of said saloon ou said 8th day of October by presons to him unkuown, and he is at loss to uuderstand hovv the Honorable Mayor can charge him with malfeasance iu office and neglect ofduty in not reportiug an offense which is usually taken care of by the county criminal officials; that as has already been" iniimated in this answer he had been advised and believes that the breaking and entering of said saloon on the duy aforesaid by evil disposed persons withtMit the knowledge or consent of said Joseph Dennisou or his clerk. is in no way a violation of the liquor laws of th-is state by the said Joseph Deunison, and that no court or jury will ever convict a man tor commit tiug au offense which was entirely beyoud his power to prevent. Under these circumstances the undersigned would respectfully submit to your Honorable Body that the said charges and specificatious made by the Honorable Mayor are without just foundation and are not based upon a correct iiiterpretatiou of the law.and therefore the said James R. Murray submits that said charges and sprcifications so made by the Mayor ought not to be entertained and that your Honorable Boiy ought not to consent to hisremoval from theoilice of Mkrshal of this city. All of wnich is respectfully subraitted. JAMES K. MUKRAÏ". Ey Ald.Prettyman: Resolved, Tbat wlien tliis council do adlourn, it be to meet in speciiil session on Thnrsday evening next, at7:3ü o'clock p. m., lor the purpose oí oonsldéring and dlsposing of the charges of neglectof duty preferred by tlie Honorable Mayor, against James R. Murniy, Marshal and Chlef of Pólice. .Second. That the order of proceeüings on the hearing of the sald charges, shall be as follo"ws, that Is to say : The Honorable Mayor shall have leave to supplement iiis said charges with such proofs elating thereto, as he shall or may be advlgtd; and that Ihereafter the said James K. Murray shall have leave to produce proofs in answer thereto, and in support of his said auswer thi day flled- as he shall or may be advised, alter which other proofs may be produced by the Honorable Mayor, and the said James R Murray, explanatory and in rebutal thereof. Whereupon after hearing argument of the respective parties, and their counsel the said charges shnll be disposed of on roll calis, as follows: Charge number one, and the speclflcations thereunder shall be deemed and considered one ■question, and charge nuinber two and the speclflcalions thereunder, shall be deemed and cousidered as auother question. Third. That after the said question shall be disposed of a third and final question shall be putas follows: Resolved, That thls council does hereby consent to the order of removal of James R. Murray, Marshal and Chief of Pólice, made and filed by the Honorable Mayor, on the24th day of October, A. D., 1893. Fourth. That after the dlsposal of all of whlch questions a motion to adjourn shall be iu order. AM. Fergnsan moYed tliat the resoluticxri be laid ou tbe table. WJiioh motion was lost by a yea aiid nay vote as follows : Yeas - Aids. Herz, Miairtin, Snow, O'Mara, Ferguson- 5. Nays- Aldn. Schairer, Wanner, Taylor, Wood, Manly, Prettyman, Kitsob - 7. TUno original resolutvon passed as follows : Yeas - Aids. Soliaireir, "Wagner, Martin, Wood, Taylor, Manly, Prettyman Kitson- 8. Nays- Aids. Herz, Snow, O'Mara, Fergnsoa - i. On motion ttoe council adiourned. City Clerk.