The morning call., 1893-07-20
BEFORE JUSTICE.
Alameda Supervisors in
the Balance.
THREE JUDGES SIT IN BANK.
Arguments on the Indictment Ac-
cusing the Official Quartet With
Fraud Close in Oakland.

Supervisors Morgan, Bailey, Martin and
Pelouza, the indicted Alameda County
officials, betrayed no anxiety yesterday as
they sat in court IN Oakland. Indeed.
they were happier than usual, for it was
apparent that the prosecution had no case
against them. The Indictment is vague
and it is expected that the case will not be
tried on its merits.
The charge preferred against the four
officials is specified in this instance as
passing resolution authorizing the pay
ment of illegal claims to two newspapers
in Alameda for publishing the county eiec-
ton PROCLAMATION, which had been Hone
without authority of the Board OF super
visors. The amount involved is some
thing like $500. There are other charges'
tut for prosecution one was seIeeteu'
The defendants filed demurrer 10 tue
accusations. and on 1t the attorneys nave
been arguing for some days.
When argument was resumed yesterday
Judge Reynolds Of San Jose and Judges
Greene and Ogden. of Oakland, sat IN
bank, with the visiting Judge presiding.
Attorney Martin summarized the points
in his defense and outlined the accusations
and procedure in the case for the beneht
of .Tudge Ogden, who sat yesterday Tor the
first time TO hear the arguments. he re-
peated what had taken place last Monday.
He maintained that the allegations Ieclted
in the resolution authorizing payment OF
the printing bills were true. and that,
therefore, it could not be traversed. Judge
Greene remarked the general theory OF the
accusation was that the Supervisors passed
a resolution authorizing payment of illegal
claims, not that the resolution was false.
When the court reconvened at O'Clock
Judge REYNOLDS asked Mr.. Martin if he
had any other authorities TO offer. 1t
would seem that the defense had eX-
hausted its authorities. but Martin drew
an old legal newspaper from his bundle of
documents and said he had one more-the
suit against the commissioners OF Golden
Gate Park to remove them from Office for
alleged misconduct. 1t was parallel case.
Martin held, and the District Attorney
made a note of reference. There was
another authority, that of the San Fran
cisco Gaslight Company VS.. Dunno. in a
case where the city of San Francisco was
supplied with gaslight that had not been
regularly ordered
District Attorney Shook replied to the
argument of the defense by citing authori-
ties which he had quoted on Monday. His
reason for going over the ground already
covered at a previous session Of the court
was for the benefit of Judge Ogden, who
had not heard the arguments.
After presenting the legal status of his
case the District Attorney contended that
the Supervisors corruptly favored the news
papers in Alameda, aid in doing so
violated their duty.
1--WE now state that they did it with the
design and intent to c0rruptly favor these
newspapers" he declared with emphasis.
l., fttrf hnr oil ttN,,.
District Attorney Shook unraveled several
knotty points of law and gave other vie ews
of authorities already quoted. He ex-
planned that he was not present at the
lakiEg of testimony In the case before the
GEyld Jury. His. assistant who was
pre4nt at the examination is Ill a. present
so tip District Attorney has relied upon
statements made by members of the Grand
Jury. He said it was unfortunate that
more facts to show the defendants guilty
Of the allegations against them have aot
been found. because without more definite
charges it would be difficult to prosecute
the case with success. The fact seems to
be there were some halfway measures
taken in framing the accusations.
Martin asked for the indulgence of the
court for few minutes and talked for
nearly two hours with remarkable persis-
teDcy, attacking every phase of the in
dictments. introducing striking and quite
forcible illustra ions. and directing all Of
his powers TO show that opinions are not
facts. and that the allegations ag ainst the
defendants were opinions merely; noposi-
tive statement Of facts was expressed
against them.
''If there can be dug out somew here
from the pages of these allegations" said
he, what constitutes an Offense it must
be done il exact, concise, direct language,
and state what the offense is. Misconduct
must be al act, an unlawful act, not words
characterzing something done. Subse-
queht ratification is equal to previous au-
thorization."
For an Illustration MI Martin cited the
case of man stopping leak in the Court
house roof without waiting for author
iZation Of the Board Of Supervisors. which
later allowed his bill. Supervisors, it was
held, did such things frequently. In the
matter under consideration an exactly
similar condition existed-the Alameda
newspapers printed the election pToclama-
ton. and subsequently their action was
ratified and the bills paid.
Judge Greene wanted it distinctly under
stood that the allegations against the Su.
pervisors showed no previous authorize
tion for the act.
In closing his argument Martin said
I've been ready to submit the case be-
fore your Honors, or all or any OF you.
know very well that we will get the bes
judgment in this court, and Pm pleased
to have you all sit. l have a special in.
terest in this case, because l nave known
the Supervisors of Alameda County fnr
many years. and can say that no county in
the State is more honestly or ably man
aged"
Then he assured the Judges that what
ever statements had appeared against
them In the public press by innuendo would
have no Influence upon one or all of them
But grand juries were not always free
from the fear of public criticism, he added
with wise look around the court.
The four cases were submitted for de.
elslon on the same evidence. 1t is likely
the Judges will decide them to-day.