Arizona weekly journal-miner., 1894-01-10

Ip THE VI AMOR AND ANAAbN NN'N-'N-A OF THE CIT, OF PEEScorr;
 The undersigned, the City At taruay of said Citvof Prescott, begs | leave to submit the following report i af matter passing under his super vision for the last year, and ot which l he is required by law to give in- formation to your honorable body, towit:
 LITIGATION.
 The suit for personal damages in favor of F. F. Henzeile against the city for the sum of Ten Thousand dollars, (Sl0,000), which was pend ing in the District Court at the date of my last annual report to this Council. has, during the year inst past, been determined in favor oI the City, and is no longer a charge against 1t.
 CRIMINAL PROCEEDINGS ON ORDINANCES. - There has been much trouble ex- perienced during the last year, oc- casioned by those who were dis posed to bid defiance. either by secret connivance, or openly, to the laws of the City, and to the Clty authority to enforce them, relative to public health and morals; and because of it. much perplexed and vexatiOuS prosecutions have been undergone, and in order to maintain the city authority, and its supremacy over the criminal trample upon its laws, these pros cautions. though somewhat costly, have been, not only unavoidable, but compelled. At the start, or beginning of them, but little head way was made; but continuous effort finally caused the recognition Of the City supremacy, and now, so far as this office has information, that element of fyiolators, has ceased to openly defy the City law. but IS passively acquiesing in its enforce ment, until its general validity, and the City authority to pass such police law of regulation, can be de- termined on appeal, where cases for that purposes have been carried, and are now pending.
 PRINCIPAL CASES TRIED, AND PENDING &C.
 1. The City vs. Tom Pete and seven other Chinamen.
 This was the first case in which the Ordinance was assailed. It was on charge for the violation of the "opium joint ordinance" These Chinamen were convicted in a trial by jury in the recorders court, fined S750, and they appealed to the Dis tnct Court. There the cause was demurered to bydefenoants for mis- joindeT. After a hearing on the issues of law, that Court, in the face of all precedent and elementary au- thority, discharged the defendants on demurrer, and they left the juris- diction before another arrest could be made.
 City vs. Tong Wee, ct. al., was the second-case for the violation of this same ordinance. They were con- victed, and finally settled the penalty.
 City vs. Tom King ct. al., the third case for the violation of this ordinance.
 These eight Chinaman were tried py jury and convicted. They ap- bealed. At the last term of the District Court, the cause was con tinued on the application of the City for the evidence of Mike Pagan a material witness, and the c ase Is still pending and unsettled.
 Next come the eases that gave so much vexation, those for the viola ton of the ordinance prohibiting fe- males from lettering in saloons.
 City vs. Goldie Miner, ct. al., was the first of these principal cases. They were charged for lettering in a saloon. 1 tried these cases three different times. resulting in a mls- trial, and finally they were dis charged.
 Then came the enactment of City Ordiance, No. T, to cover the technical weakness of the first Ordi- ance. through the pretend weakness of which, the first defendant seemed to obtain a release.
 City vs. Frankie Young, was the first one charged under this one She called for a jury, and was finally released.
 City vs. Frankie Young and hus- band. was the second case. Another jury trial was called for and had. At this trial the tide turned in favor ot enforcing the law. She was con victed. fined. and she appealed to the District Court for the final test of the validity of the ordinance, and the power of the City to enact and enforce the same. The case IS there pending, to be determined as soon as It can be reached on its call on the calender. When we obtained the change, or current of the jurors conduct, in acting on criminal con- duct charged against individuals fer the violation of these ordinances, We at once had a change in the con duct of the element that had there tofore, defed the law Fear if nothing more, has since deterred that element from, at least, the open violation of these very wholesome ordinances. Quite a number of other minor prosecutions, such as the case of the City vs. Al Cook for vagrancy, had in May last, in which it took three trials to bring him to time, and stop his open defiance of the Nagrancy Ordinance, and which at the last he was convicted and sen tenced, which caused his banish- ment from the society of the people of our community, have been had, but none of the same are now pend ing, and l therefore give them only this passing notice.
 When the eases pending can be reached and tried. and settled in the favor of the City, (of which no legal doubt can be maintained) then 1t is expected that these vexatious trials will cease, and the dignity of the City government. and respect Tor it's laws established.
 Respectfully submitted, January the first, 1894. J. F.WILsoN,
 City Attorney.
 Senator. Hoar is becoming quite