The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-03-28
1T WON'T WORK.
A New Law Bothering the
Police Courts.
HARD ON THE DRINKS, TOO.
The Author of the New Police Court
Act Didn't Know as Much as
He Thought He Did.
HARD ON THE DRINKS, TOO.

Section 10 of the act providingl for th g
establishing of Police Court in this city,
passed at the recent session of the Legisa-
ture, is Viewed with considerable dissatis-
faction by all those Immediately interested.
The section in effect provides that the
City Auditor shall prepare and deliver to
the clerks Of the police courts from time to
time as many official receipts as may be
required The Auditor shall sign the re-
ceipts and the clerk shall give a receipt so
signed for any fine inflicted aud paid and
shall pay over to the City Treasurer all
moneys collected by him.
In regard to bail money the clerk must
deliver an official receipt therefor and de-
liver to the Treasurer all bail money so
received each day.
All these moneys will be kept by the City
Treasurer as special deposit and paid out
on the order of the Judges of the Police
Court. But one day must intervene be-
tween the deposit of the money with the
Treasurer and the payment on the order Of
the Judge,
Any person issuing receipt other than
the official receipt signed by the Auditor
shall be guilty of felony.
The Judges and Police Court clerks are
at skies and seyens over the new order of
things. They have received no official
notification that the act is in force, nor have
the clerks received any of the official re-
celpts signed by the Auditor
La Judge JOGchmsen's court yesterday
the act incidentally came up for criticism.
John Mccartney. who was arrested for
dumping garbage, deposited SO bail money
and was released. Yesterday the case was
tried and the Judge sentenced him to pay a
fine of So.
Attorney Stafford, who appeared for the
defendant. suggested that the fine be taken
out of the bail money.
II can't do that" said Clerk Gavigan,
according to the new act"
What new act?" asked the attorney.
The Judge explained to him the prov-
sions of the act and Clerk GaYigan handed
him copy for perusal.
Ihis act is unconstitutional" said the
attorney. The title is for the creation of
an additional police court, and yet it pro-
vldes for the procedure in other courts. 1t
Is also unconstitutional inasmuch as il
makes the City Treasurer an official of the
police courts"
,Atall events l consider it impracticabIe, /"
said the Judge.
why not take the So ont of the bail
money and let my client go?" queried the
attorney.
Il have no official receipt to give you, and
to give you any other l would be commit
ting felony" was the CLERKS reply.
Meantime Mccartney had gone away
supposing that the case had been settled,
anu AtbulHe9 OltuoIu quietly remarked (:
GU can settle II as on like. My Gle n t
has gone"
Judge Campbell spoke strongly against
the new procedure yesterday.
1T means" said he, "a loss of several
thousands of dollars annually to the city.
The money derived from hundreds of men
arrested for drunkenness. and who will put
up So bail in preference to appearing In
upen court, will now be lost, as they will all
be compelled to stay in prison, the prison
officials not being provided with the official
receipts signed By the Auditor.
There are other features which make the
working OF the section impracticable There
Will be meeting soon at which the whole
question Will be gone into"
Chief Crowley expressed the view that the
new law was impracticable in its operation,
There Will be meeting Soon" said the
Chief. ''of the Police Court judges and
clerks, the City Treasurer, the City Audi
tor, the District Attorney, the chairman OF
the Finance Committee of the Board of
Supervisors and myself 10 devise some
means of Obeying the law in the simplest
and easiest way possible. 1t is surprising
to me that before the act was passed the
section complained of was not referred to
some one conversant Eitn Police-court pro-
cedure."