The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-01-03
COURT JUGGLERS.
How an Injunction Was
Made and Dissolved.
THE KEY TO THE COMEDY.
True Inwardness of Last Saturday
Nights Drama at the City Hall.
Judge Troutt'S Letters.

Call it whatever you please, a tragedy.
travesty, comedy, or only farce, the
fact remains that the proceedings enacted
at the City Hall last Saturday night were
the most remarkable it has been the mis-
fortune of this community to witness.
1t must have been q great night for
curiously minded novelty hunters; such
time as comes but once TO every man
Quick, it is almost II o'clock. Only few
moments more for the grand old board TO
act, and oh so much remains to be done.
Hurry out with your assignments. Don't
trfie away precious moments by settling on
any particular judge Let 1t be HebDard or
Wallace or ANY other" convenient only be
quick. There are vetoes to overcome To-
night.
What, an injunction issued so soonl But
that is nothing, we have a good two hours
| before US.
| Watch me carefully, gentlemen, and see Ii
| you can do the trick.
| There is nothing in my hand, you say.
| Look again, and more carefully this time,
| and / think you will see an assignment
| Yes. it is very simple trick IL once you
| know it.
Again. Here is the reassignment. and
| here is the injunction. Look sharpl
| presto, change" | say, and the paper IN
my right hand is vanishing. Itsuseless to
| look any longer. Gentlemen, the in]unc-
! ton Is dissolved.
An. it is beautiful science. What pity
| our good citizens we're sleeping and missing
it all. 40,
| Duty, friends. Just duty.
| 1t was duty that made those loyal ser
| wants of the people, our own Supervisors,
begin all the disturbance. Would you have
| them be idle at home while yet there were
| two hours in which they could WorkT
| Assuredly not
| And then came the duty of our jurists.
| Duty to the law and the people filled the
| air with assignments, injunctionS and disso-
| lutions. Oh 1t was beautiful.
Sleep on, citizens, and take your rest.
Everything will be done most carefully.
Excuse me. 1t will only take moment.
| I should have told you before. Would you
| like a glimpse into the true inwardness Of
| the playp In good faith you shall have It.
| Read carefully the accompanying fac-simile
| letters (they are exactly like the originalS
and you will learn how assignments are
made, iDjuncti0ns issued and then dissolved.
San Francisco, Dec. 81. 1892.
To Judge Hebbard, other. Judge OF
the Superior Court of the city and
| county of San Francisco: Will you
kindly examine complaint In the case of
C. Y. Newman against the Board of
Supervisors and make such order as you
may consider proper, and oblige. Re-
JAMES NJ. TROUT, 3.
Presiding Judge Superior Court. =.
This was the order taken to Judge Wal
lace by Supervisor Ebert and others, who
claimed that Judge Hebbard could not be
found. :
With this as his authority for action
Judge Wallace issued the Inflated iDjunc-:
ton.
San Francisco, Dec. 81, 1892.
Hon. j. C. Il. Hebbard, Judge Superior
Court, Department Any Dear Sir: .Sfnce
assigning Newman VS.. Board Of Super !:
visors to your department. i hive made
an other assignment. AT about a p. NJ:
to-day, at the request of Supervisor Eli.
lert, who said it was uncertain you c. ald
be found, 4 gave him n note addressed
to yourself "or any other judge of
our court, with the simple request that:
the complaint be examined and such
order be made by such examining judi e !
as he might consider proper. In haste,
respectfully yours, -
JAMES M. .IRoUTT. i
This Is the order Of assignment received
by Judge Hebbard.
He said the law did not authorize the is
suing of Judge Wallace's injunction. and 1
accordingly dissolved it. =.
II was satisfied: remarked: the Judge,
| last night that this case was in my depart
ment. and fortified myself by Judge Tro1tt's
| letter saying that it was and that 1T had
|
| 81 was thoroughly satisfied after AIN ex-,.
| animation of the case and hearing the ar
| gument that the injunction: ought never to
| have been issued. =. ''.' :.
II was thoroughly satisfied that twas
| directly within The rule that an INJUNCTION
| will not lie to prevent legislative act BY,
| municipal corporation. .:
| Moreover. was convinced by all the cir
| cumstances Of the case that the:eourt and II
as an individual Judge of the court was
hain Qad jrs 70 So h.
| certain purI oses of individuals who were
| acting without warrant of law to. that end. 4
| Moreover, the attorneys who opposed the i
| dissolution of injunction in this case were:
the same attorneys who strenuously argued
| In favor of the dissolution of an injunction
| against the Board of Supervisors; in case
| involving precisely the same propositions
before me on the 9th Of December last, to 4
| wit Altschnl VS.. the Board of Supervisors
1 while there can be no possible dou bit ais !
| to the correctness OF my decision: in dis
| solving this injunction regret exceedingly
| that could not do otherwise in the pur-.
suance or my duty. for 1t Is a. general runlor 4
that in seeking to override the o:of the
| Mayor in these cases motives other than i.
those of the public good are involved, as the;
| extraordinary and undue haste sho wa in
the matter would seem co verify: - =.
"But ii the Boardof Supervisors or any
number OF them act corruptly or Improperly;
| in the making: Of laws for the city there 1
| sponSiblity must rest upon them, and the
sooner they are called upon TO meet that
| responsibility and..aDswer for it. the better
for the:community.: "
Until the:rtIes Of. equity. in relation TO:
Injunction, areenlarged the courts will not
l. be justified iii en- Joining Boards Of Super.
vsors from acting; within the scope of their:
authority. = :. -. q
Tits true I:mighthaye taken :fhe motion
/ to dissolve this injunction nnderad Wis enlent
! and held my decision over until the.new
/ board came into office. but in sodoing, be-
| ing thoroughly satisfied as was. that tile
| Injunction could mot stand, j should iaye
! judicial officer: ::