The record-union., 1892-04-07
DREH'S DRAG-NEI.
The First Haul Did Nos Lard Any
thing.
50 He VIII Try Another To-Day
Wide Range Of Ideas on
Simple Proposition.

Warren F. Drew, through his attor-
neys, Grove L. Johnson and Charles T.
Jones. yesterday made application to At
torney-General Hart that he might, IN the
name of the people of the State, com
mence suit against John b. Rodgers to
Gust him from the Office of Chief of Po-
lice of this city.
Mr.. Jones read the complaint. which
alleges that John b. Rodgers was born
IN Australia, and came to the United
States in 1856; that heidi not take steps to
become a citizen until February, 1892,
when, without taking out proper papers,
he became naturalized, and that on April
lst Rodgers uulawfully seized the office
OF Chief of Police by force.
The complaint further alleged that
Rodgers was not legally elected, had
never qualified, and that he usurped the
office and now holds it unlawfully and
by force. The complaint prayed that
Rodgers be held as not entitled to the
office, alleging that w. +. Drew was en-
titled thereto, and asked for damages.
Attorneys Jud c. Brusie and Robert T.
Devlin appeared for Rodgers. Brusie
protested against the application, stating
that it was at the discretion of Attorney
as Rodgers was elected by the people,
who understood the points raised as 10 his
naturalization, it would seem TO question
their verdict if the request OF Drew, to
use the name of the people to overturn 1t,
be allowed.
General Hart asked for further facts as
TO the naturalization OF Rodgers. Brusie
said he objected to going into statement
OF his side of the case, and did not think
the burden of proof should be thrown
upon Rodgers. He said no copy of the
complaint had been served upon him, and
that he had presumed he was TO contest
only for the citizenship of Rodgers, and
he relied upon the discretion OF the At
torney- General in the matter.
General Hart said he could not rely
upon his own sentiments in the case, but
must consider the allegations as sworn to
IN the complaint.
Brusie thought the Acknowledgement.
acting in the name of the people, was in
vested with the power to use his judg-
ment as to the sentiment OF the people,
as it had been shown, and not to question
the verdict of the people who had them
selves elected Rodgers.
General Hart defined his privilege of
discretion as decision to be reached by
careful consideration of facts presented,
and thought his course Of duty was either
10 allow the suit to be brought or to deny
il. If it was shown that Rodgers was not
a citizen his discretion must lean that
way, and If it appeared that he was a citi-
zen it must lean the other way. Ii he
could ascertain the facts necessary to
establish Rodgers citizenship beyond
question, he did not wish that Rodgers
Mould be annoyed by being compelled to
90 through the courts.
Brusie, after further argument. sub
aitted a voluminous petition asking that
crews request be denied. While Gen
Ia.f
- fled, he did not think it should be
zen read or brought to bear as against
Ghe sworn statement that Rodgers was not
a citizen.
Brusie finally read the petition, stating
4 to be humble protest prepared in an
n0ur, and it was merely intended to show
lie wishes Of the people and public senti-
Ient.
General Hart, before giving decision,
lShed TO further investigate, and said if
Fo or three questions he had to ask
we're answered he could quickly decide
-he matter.
''If'' said General Hart, 'syou gentle
lgen can show me that the naturalization
the father took place, or that his first
1apers Were taken out before Rodgers was
ii years of age, l can decide in two min
llyeS.'
Z. T. Devlin argued the case at length,
and stated that an opinion had been rem
stcGHu DN deputy NEUTRALITY-SUSPICIOUS. Law
son, that Rodgers derived citizenship
through his mothers having remarked
and become a citizen Of the United States
counsel further argued that this was not
Z: question to be decided now, as Rodgers
was recorded and acknowledged upon the
Great Register as a citizen. He argued
az il was the duty Of the Attorney-(ten-
caal TO presume that the records OF the
county were correct, land if they were cor
5-ct, there was no excuse to Go otherwise
JAan recognize them. If any citizen de-
red 10 attack the public records, he had
ats course provided for by law.
Mr.. Deyiin quoted Section III Of the
code Of Civil Procedure, saying that in it
Ire law provided a remedy whereby the
Il -h5 of any citizen TO election might be
contested. He held that there was no
reason why Drew should apply to the
Nttorney-G and that there was no
reason why Rodgers should be compelled
u fight The State OF California to establish
MS gifts. he further cited the case OF
me People VS.. Holden (2S Cal. as bear
ing upon this case.
At the close Of his argument Mr.. Devlin
ked TO have the application OF Drew
dismissed.
Mir. Johnson then made some remarks,
and offered several documents bearing
upon Rodgers citizenship, as evidence,
5naliy alleging that Rodgers claimed in
enc affidavit That his father was natural
lzed in Nevada County and in another
that he was naturalized IN Shasta County,
nuf they were prepared to show that
dodgers father was never naturaliZed.
General Hart finally declined to dis
laiss the application OF Drew or TO aecede
10 it until further inquiry. He said il
Mas admitted by respondents counsel
that the remedies provided in Section
S03 of the Code of civil Procedure, re
garding the right to hold Office, were the
same as determined in Section I'll. The
fact that application had been made car
ried with it the right and duty of the At
torney-General to consider the complaint
and either reject or allow it. In order to
exercise his discretion in the case, he de-
cided to hear further argument and to
ascertain certain facts.
Mr.. Jones remarked that if there was a
reasonable doubt of the qualification of
Rodgers, it was the Acknowledgement IS
duty to allow Drew to use the name of the
people in seeking redress, and that IL
there was one duty above another it was
that OF looking closely into the matter OF
citizenship in the case.
General Hart observed that while the
statements of a mother were sufficient TO
prove pedigree they were not sufficient
70 establish naturalization, and he wanted,
before deciding, TO be enlightened further
upon these points:
FirsG-N hat effect it would have upon
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