Los Angeles herald., 1890-12-27
All SING FIGHTS.
HE THINKS HE CAN KNOCK OUT
THE POLICE COURTS.
An Affidavit Filed Yesterday With tho
Supreme Court Clerk Opens the War.
The Anti-Gambling Crusade.

The Chinese intend to fight the anti
gambling crusade against them by the
police, and have begun by attacking the
validity of the police c0Grts, as the aft
davit filed with the state supreme court
clerk in this city, by All Sing, one of the
Chinese recently arrested, shows. The
substance OF the allegations is as fol
lows:
That on the 11th day OF December, A.
ID. 1890, one S. Bevan filed in the police
court of the city of Los Angeles,
complaint against affiant duly
sworn to, in which complaint was
charged by said Bevan, under sec
tion $50 of the penal code OF
the state of California, with having on
the 9TH day of December, A. d. 1890,
within the city OF Los Angeles, said
county and state, wilful!y and unlaw-
fully carried on and conducted certain
percentage game then and there played
for money, checks, chips and other rep
resentatives OF value, with dice, checks,
chips and other devices.
Second. That said police court is pre-
sided over by one NJ. &. Owens, a JUS
tice of the peace OF Los Angeles city,
and the said justice pretends to have
jurisdiction over said offense and over
affiant in said criminal action, by virtue
of an act entitled "an act to provide for
police courts in cities having thirty
thousand and under one hundred thou
sand inhabitunts, and to provide for
officers thereof" approved March IS,
1885, and claims and pretends to have
authority to hold in said city police
court thereof.
Third. That at1iant was brought be-
fore said court and arraigned before said
Judge, against his consent and his plea
of mot guilty" entered in the docket OF
said pretended police court, and against
the objections and consent OF afliant,
and the said justice claiming and pre-
tending to have authority to hold po-
lice court in said city, under and by vir-
tue OF the act hereinbeiore referred to,
against the objections of affiant set said
case for trial, and threatens to and will
proceed to try and render judgment in
said cause, Notwithstanding that he is
not authorized to hold police court in
said city, and is not police Judge Of
said city, and said police court has never
been organized or created by any valid
law, and said act hereinbeiore referred
ions FIRST, second and third of section 25,
article Nv, of the constitution OF the
state Of California.
Fourth. That said court has no iuris-
diction of the offense charged in said
complaint, and has no authority to pro-
ceed to try atfiant upon the said charge
because the punishment provided for in
section $50, against any person guilty of
such offense, may be by fine exceeding
the sum of five hundred dollars, and
be imprisoned for more than six months.
Fifth. That said police court is pro-
ceeding to try affiant upon said charge
without u jury, against the objections
and consent OF affiant, pretending to
have authority so to do under section S
Of said act, although that part of said
section with reference to trial by jury is
unconstitutional, void and in conflict
with section $50 of the penal code OF the
state of California, and in conflict with
part 2, title IL, chapter of the penal
code of the state of California.
Sixth. Affiant further says that said
court is not a police court of the city of
Los Angeles. That said court has no
jurisdiction of the offense charged
against affiant. That said court has no
jurisdiction over the person OF affiant.
That said court has no authority to pro-
ceed to trial in said cause without a
jury. That the said justice has no au-
thority to hold said court. And not
withstanding the premises the said JUS
tice threatens to and will and is now
proceeding to try affiant; and affiant
therefore makes this affidavit for the
purpose of producing writ of prohibi-
ton to be issued out OF this court to
said justice of the peace and to said
police court, to prohibit and restrain
them, and each of them, from trying
affiant under said complaint, and from
holding said police court, or in any wise
taking iurisdiction of said offense or OF
the person of affiant.
Wherefore, he prays for the issuance
said writ, and for such other and fur
I + relief as he may be entitled to.
All SING.
Subscribed and sworn to before me
this 26th day of December, 1898.
j. M. MEREDITH, County Clerk.
By G. A. HAMILTON, Deputy.