Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1893-08-16
THE FIRST BLOW
Clearing the 400 Yard
Limit Has Begun.
A Stubborn and Pro-
longed Fight.
A Combine Formed for an En-
ergetic Defense.
An Attempt to Be Made First to
Break Down the Facts, After
Which the Law viii Be Assailed.

from the sacred circle of the law began
yesterday morning or more properly
the preliminary steps for their expatri.
alton were taken. Warrants for the ar
rest OF seven women within the 400
yard limit had been drawn the day be-
fore. Four OF the women moved out
before service was obtained and were
not molested. The other three. Marie
Romez, Manuela Pesquiera and Lesmi-
randG, we're arrested and brought be-
fore Justice Wharton yesterday after
noon. They promised to move out be :
fore O'Clock this morning, in which
event upon the payment OF costs
amounting to about IS in each in
stance, the actions against them will
be suspended.
About twenty-five other, warrants
were Issued, two of which are against
John Baggiore and Minnie Powers,
charged with leasing premises for pur-
poses OF prostitution. In sixteen Of the
cases appearance was entered and it is
possible that other OF the women will
enter the combine for defense today.
There ia we'll defined indication that
the fight will be stubborn and pro-
longed and will furnish incessant bust
ness in Justice Wharton's court for a
month to come.
Judge j. B. Woodward will assist
District Attorney Williams in the pro-
secution. "We'll wip," said the dis.
trict attorney, "but if we fail, the ar
rests will be made again, and the mat
ter will be gone over until we get a
verdict as we ought to have under the
law"
Judge II. n. Alexander, is senior
counsel for the defense, assisted by
Judge G. G, Israel. The strong point
OF defense lice In the alleged defects Of
Act 20, and for this reason and the one
that Justice Wharton will not care to
take upon himself the responsibility OF
finally passing upon the law, the de-
Tense mas little hope that the cases will
be decided this eide OF the district
court. II convictions are found in the
lower court, the cases will be carried up
on appeal or by habeas corpus. The
defense will try TO have the case Of
John Bagsiore brought on first, though
this can be done only by the consent OF
the territory, which has the right to
elect. However, separate trials and
trials by jury will be demanded by the
defense.
The first move will be a motion to
vuash, which If denied, will be follow
ed by demurrer to the complaint. 1t
is expected that this will also be over.
ruled since it will be based on legal
poins.t
In this way however the defense's
contention will become matter of rec
ord ready to be taken up when the
cases came up de novo in the district
court.
So the fight in the Justices court will
be made upon questions OF fact, the
alleged insuficiency Of proof that the
defendants are persons engaged in the
occupations prescribed by the law un.
der which the cases are brought; also
as to whether the Central high school
building now in course Of construction
is yet "a school building used for school
purposes" within the meaning of the
act.
The ground taken by the defense as
to the validity of the act is interesting
both from legal and non-professional
standpoints. 1t will be commended that
the law is species of class legislation
in that it is directed within certain
limits against class not otherwise
prescribed by law. Under the statutes,
outside the 400-ysrd limit prostitution
is not misdemeanor. Says the de-
tense, without general statute making
the business a crime the law against it
within specified districts is opposed to
the Harrison act and imperative.
Reliance is placed upon decisions by
the federal court and the supreme court
OF the United States in the cases aris-
ing out OF the attempt in San Francisco
to establish Chinese quarter by law.
That law was decided to be invalid
since there was no statute prohibiting
Chinese from living in California. 1t
was therefore class legislation, against a
provision of the constitution of the
state of California. 1t is claimed by
the defense that the present cases are
analogous; that though the constitution
OF Arizona does not prohibit class legis-
lation, the Harrison act does and that
act being part of the organic law of
the territory is of the same effect as q
constitutional provision.
The prosecution ON the other hand,
express no doubt of the validity of the
act under which the arrests have been
made, and have as little doubt that it
will be fully sustained by all courts
in which it may be tested.
An unusual move will be made by
the defense in the matter OF procuring
the service of summons and all other
papers relating to the case. The court
will be asked to appoint a special Of
ficer for this purpose. This request
will be based on the ground that all
constables, the city marshal and the
sheriff, having given notice by publica.
ton, that on certain date they would
proceed to make arrests, on information
and belief without direction from the
court or prosecuting attorney, are there
fore prosecutors and incompetent by
prejudice to act in their usual capacities
as officers OF the court in the sercice of
papers.
This course will be taken chiefly for
the purpose of dampening the ardor of
these officials, whose activity, the de-
tense charges. has been inspired by
prospect of fees.
The litigation promises to be second