The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-06-07
WOULD ARREST The JUDGE.
Labor Commissioner FitZger-
aid Makes a Dram attic
Move.
HIS NOTICE NOT EVIDENCE
Justice of the Peace Groezinger
Threatens to Put Him In
the BaStile.

| Quite an exciting and unusual scene
occurred in Justice of the Peace Groe-
fingers court yesterday morning when
Labor Commissioner Fitzgerald undertook
to put the Judge under arrest, the latter
being at the time upon his bench.
When the astonished Judge realized
what Fitzgerald was saying to him, as he
showed the badge of his office, he rose up
and ordered him (Fitzgerald) out of his
courtroom in great hurry under pain of
himself (Fitzgerald) being thrown into the
bastile.
All the circumstances OF the incident are
perhaps without precedent.
The Labor Commissioner, it seems, took
exception to recent Judgment rendered
by Judge Groezinger, which ran counter to
an action taken by Fitzgerald in his
opinion. warranted him in having the
Judge arrested.
After the excitement and indignation
died away the incident proved food for
some merriment in the Larkin-street lobby
of the City Hall.
The circumstances leading up to it are
these: The case of the estate OF Sarah
Belder against A. E. Moore was tried some
days ago before Judge Groezinger. The
estate sought to recover $3.50 due for rent
for building or rooms at Al Stevenson
street.
Moore set up as his defense that the
building was not in proper sanitary condi-
ton and that it should be put in order be-
fore he could be compelled to pay the
rent. The law provides that landlords
must keep their property in good sanitary
condition, otherwise the tenant is entitled
f<xr u hold Il t,- &,
pose.
Judge GroeZinger said If the fact upon
which the defense was based could be
shown to his satisfaction he would allow
the defendant credit of months rent.
He called the Health Inspector to testify,
and that official declared the building was
In excellent condition so far as the plumb
ing was concerned, but that the water had
been shut off for some time because the
water rent had not been paid.
But" said Moore, 81 have a letter from
Labor Commissioner Fitzgerald which de-
clares that the building is unhealthy"
He produced this letter, which was ad-
dressed to himself.
"This is not evidence as against the tes-
timony of the Health Inspector" said
the court. Besides the letter is ad-
dressed to you. / have nothing to do with
1t. Thereupon he rendered Judgment for
the plaintiff for the full amount of the
claim and dismissed the matter from his
mind.
His establishment may be appreciated
therefore when the Labor Commissioner
walked into his courtroom yesterday &C
companied by. another man, presumably
an officer, and addressing the Judge. who
had just dismissed a case and was about to
call another, that he had come to place
him (the court) under arrest.
"What do you mean?" exclaimed his
Honor.
II mean just what 1 say" said Fitz-
gerald, at the same time throwing back the
lapel of his coat and displaying a silver
star. II understand that you, some days
ago, instructed one of the parties to a suit
tried before you that no attention need be
paid to any official notices from me-"
'Where do you come from2' gasped the
court, unable to realize at once that it was
not some ill-timed Joke.
From Oakland especially on this bust
ness" said Fitzgerald coolly.
''And SO | am to be arrested for not con-
sulting you before l render judgment in
| causes tried in this court, said the 1ndig-
nant Judge. Now, sir, you get out OF
this courtroom and back to Oakland just
as quickly as you can or I will have you
| run into the bastile."
But" said Fitzgerald in an altered
tone of voice.
mo butts about it," said the Judge. eff
you don't get out of here III have you
locked up. You come. here to arrest me,
do you, because my decisions don't please
your"
But l have consulted the District At
torney," insisted Fitzgerald.
"You had better go and consult some
body else, them" said the now thoroughly
angered Justice of the Peace, making a
move toward summoning an officer.
Fitzgerald turned the flap of MS coat
down over the silver badge of his Office
and retired, his companion with him, de-
claring that there must be something wrong |
and he would go and have Moore arrested !
for misrepresenting the case to him.