Los Angeles herald., 1890-09-02
Another Republican Official
In Serious Trouble.
Justice of the Peace Savage
Arrested Yesterday.
Can Bail Money Be Subject to a
Garnishment9
"A Peculiar Combination of Delicate Law
Points-What the Justice Has to
Say About the Case.-He
Gives BAIL

AT Ais O'Clock yesterday afternoon
Theodore Savage, justice of the peace in
and for the township of Los Angeles
city, was arrested in his court room in
the Temple block by Constable Fred G.
Smith, upon a warrant charging him
with a felony. He at once accompanied
the officer to the court room of City JUS
tice Austin, who issued the document,
and there he was joined by his counsel
G. G. Stephens, Esq. After a short
consultation with his attorney, Justice
Savage appeared before Justice Austin
for arraignment. A complaint, sworn
to by one Frederick L. Kelley,
was then read to him. 1t contained al
legations to the effect that on August
4th last, one Alva Udell was examined
and held to answer in the superior
court by Savage, in his official capacity
as justice of the peace, under bonds in
the sum of $500. This sum was ten
dered by Udell in cash and accepted by
Savage, who ordered the defendant re-
leased. Contrary to law, however, Saw
age had omitted and still omits to
transfer and deliver to the clerk of said
superior court said sum of money.
The charge having been read to the
defendant, his attorney addressed the
knew nothing of the details of the case,
but had been informed that this money
had been garnisheed within an hour OF
the time when he received it from
Udell, on judgment for $4,000 by one
of the latter's creditors in San Fran
cisco. Pending the decision OF this case,
his client was in quandary
as to whom he should pay the money,
and that, he believed, was the. reason
why it had not been paid into the
superior1 court. Judge Savage had
offered the money to Judge Cheney that
afternoon at 2 o'clock, but he had re-
fused to accept it until he took legal
advice on the matter. 1t was evident
that sthese criminal proceedings had
been instituted by parties who intended
to use criminal procedure to force
Judge Savage to act in the matter. He
hoped the court would fix the bail
in nominal sum. His client was a
county official and already un ler 5000
bonds.
Assistant District Attorney McComas,
who appeared for the prosecution, ex-
pressed his willingness to consent to
this, provided that Justice Savage de-
posit with the court the sum of $500,
which he was said to have in his pocket.
1t would be perfectly safe in the hands
OF Justice Austin.
The court, however, did not think that
the defendant had any legal right to
dispose of the disputed money in that
way, and after hearing further argu-
ment, set the examination of the defend
ant for O'Clock tomorrow morning, bail
being required in the sum of $4,000.
Justice Savage left the court room
with Constable Smith at O'Clock in
search of bondsmen; and about half an
hour later was released; his wife, Mrs.
Florence Savage, and City Treasurer
M. d. johnson, having duly qualified as
his sureties in that amount.
Justice Savage was seen by HERALD
representative after his arraignment, but
declined to make any statement. 1t has
been known for some days past that
Savage has been Bhadowed by detectives.
He has been followed to Santa Monica
several times, and his every movement
has been watched.
But in the meantime Udell, although
he has once furnished bail, is sufferer,
inasmuch as he is forced to submit
to confinement, and is locked up
in the county Jail. There are
several very fine legal points involved
in this case. Deputy District Attorney
Hardesty claims that it is an impossi-
bility to garnish money in the hands of
public officer, procured in the dis
charge of his official duty. On the
other hand Savage claims that there is a
decision of the supreme court which
holds that such monies can be garnished.
He states that he is perfectly willing to
pay $500 into the superior court, but
he does not want to place himself in a
position where the parties garnishing
can come upon his bondsmen and le-
cover. He says he is in no way able to
pay $1,000 twice at this juncture.
There Will probably be eos some e furtner ner
oapcot;opo1 nj,