The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-07-05
BAIL AND FINES.
The New System Deemed
lmpractiCable.
Police Court Clerk Gavigan Forces
the rlatter to an lSSue-Chief
CrOwley's Views.

Ever since the new system was in
augurated in the Police Courts rega rding
fines and bail money there has been worry
and vexation of spirit. The Police Judges
and Police Court Jerks held several con-
ferences, ana they came to the unanimous
opinion that the new system was imprac-
ticable in its working and would not
abolish the evils aimed at by the passing
OF the act.
The act has been practically ignored by
the clerks of Police Courts and 4. 1t is
understood at the suggestion OF the
Judges of these courts. bnt the clerks OF
courts and 3 have struggled 10 the best
of their ability to obey its provisions. but
without success.
ID. NJ. Gsvigan, clerk OF Police Court 8.
yestel day addressed letter to the Chief
of Police which shows the difficulties he
has TO contend with. and in which he
practically forces the matter to an issue.
The letter reads as follows:
Your attention is resp ctfully called to sec
ton 10 OF an act pertaining to the Police
Courts OF the city and county OF San Fran
cisco, approved February %. 1898, wherein
certain dulles regarding bail and fines are pro-
vided.
Under this section whenever any money is
deposited with the clerk as bail money, the
clerk must deliver TO the person deposlting
such money an official receipt therefor signed
by himself, written upon an official receipt
cOuntersigned aud furnished by III Auditor for
that purpose.
In the same manner recepts must be issued
upon the payment OF any fine Imposed by the
Judge of the Police Court. The clerk must
deliver to the person paying the same an OIL
cial receipt.
The custom heretofore and now In vogue of
recognizing bail at The police station In the dtf-
ferent portions Of thu city and the accepta nee
of money for the payment Of fines Imposed at
the City Prison. While great convenience TO
those who OF necessity are forced to come In
contact with the Police Department and the
Police Court, does not permit OF the proper eX-
ecutlon of this act, and in fact is direct viola
ton of its provisions.
The acceptance by the clerk OF a bulk sum Of
money from the property clerk of the Police
DepaI tment as balls and fines is also a direct
violation o! the law. as the person depositing
the official receipt which the clerk must de-
liver upon the depositng of the bail or the
payment Of the fine as provided for In the
act.
In view of these facts ] will henceforth re-
fuse 10 receive any money from the property
clerk or give him receipt OF the same Kind
which has heretofore been given Tor balls Or
fines.
While the system In vogue is more practical
and of greater convenience TO the public, the
law is imperative and must be obeyed.
Chief Crowley in speaking OF the letter
said: II will Tomorrow write to the Board
OF Supervisors pointing Out tnaC tue new
system is impracticable and urging that an
ordinance be passed to make it workable.
IF the board does this the clerks Can go
ahead without the fear of being charged
with felony in not strictly obeying the
provisions of the act. Every 0ffense
against the law is presumed to be wilful
aud premedtated, but if the board passes
an ordinance making the new system
practicable the clerks will therefore not be
guilty Of williul offense against the law.
IF the board declines To pass such an
ordinance | will issue instructions that
no bail money shall in future be received
at any of the outside stations. 1t is now
done simply as an accommodation to the
clerks and the people arrested.
suppose a man is arrested at South San
Francisco or Ocean View after IL O'clock
at night. He cannot be brought to the
City Prison, as the cars have stopped run
ming by that time, and he would have to
remain in the cells all night. because there
is no one TO accept bail for him. In many
instances where respectable men are ar
rested this would entail considerable hard
ship.
II have enough to do already. without
having the burden of keeping all this bail
money under my supervision and doing it
out in five dollars or ten dollars to the
people who claim it.