The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1895-01-01
ELUDES THE LAW.
Can Government Drive a
Lame Horse !?
HOLBROOK TO THE RESCUE.
How Max Peppers Minion Avoids
Being Arrested.
BY SITTING ON A MAILCART.
A Three Cornered Dispute That
Sorely Puzzles Postoffice
Officials.
TO THE RESCUE.
BY SITTING ON A MAILcART.


latng POstoffice circles and tomorrow
may see some startling DEVELOPMENTS.
The dramatis persona are Max Pepper,
one of his minons and an officer OF the
Society for the Prevention of Cruelty to
Animals, and the three-cOrnered nature OF
the proceeiings will be seen when 1t Is eX-
planned that the officer is at present trying
To arrest the mnlOn, who boldIV denes
him, while Max Pepper is threatening to
have the arresting officer indicted before
the Grand Jury on the charge OF ooStruct-
ing the United States mails.
The following is the story told by Sec
retarv Charles Holbrook of the Prevention
of Cruelty Society:
Last Friday afternoon Officer Wadham
was driving down Market street in his
light buggy when he noticed a United
States mail van drawn by a horse limping
along on three legs. The van was gather
ing mail, and when the officer saw that the
animal must be suffering great pain he
went up TO the driver when be stopped at
Taylor street and said he would have to
arrest him for cruelty to animals.
take notice that our officer did not ar
rest the driver at the time. He let him
telephone to the uperintendent, who
answered that he had better go TO the
nearest stable and get another horse.
After that the driver, whose name was
James Shauahan, went out TO the Mission
to finish collecting his mail. The only
thing was that he was delayed twenty
minutes by changing horses.
"Of course, Shanahan had TO be ar
rested though, and he promised TO be at
the main station by $50 o'clock; but when
Wadham went down after him with
warrant that had taken out in the mean
time they had got Shanahan seated on a
mail wagon, and Riley. the superintend-
emf. came out and said: Don't you touch
that man. or You'll 0bstruct the mail. and
then / will arrest you
But have not you arrested him yet?"
was asked. Secretary Holbrook shook his
head. Hes always sitting Oh the wagon,
and defes The officer when he goes t. take
him. We have laid little scheme, though,
TO get him on Wednesday night. The war
rant only admits of man being arrested
between sunrise and sunset; buJ Pm going
TO have tag put on that warrant, so that
we can take him in the midnight hours if
we want t.. Now. it is not reasonable to
suppose that he sits on the wagon all night !;
il fact, we have found out when and where
he goes home. and on Wednesday night
we shall lay for him aud run bin ID.
Some people nave been down here to
know how we dared TO obstruct the United
States mail, and l have been asked, too,
why we did not arrest Max Pepper, be-
cause he is the contractor for the horses.
Well, all have to say is that Max Pepper
was moi driving, and if the United States
Government has authority 10 drive a horse
on three legs-welf, We'll know the reason
why. I would arrest a man for doing II,
even if Cleveland we're driving the mails"
The Postoffice authorities declare that
a very delicate point of law is involved in
the matter, and while they shift the bur-
tor brT. fO To-
they are emphatic in denOnncing the ac-
ton of Officer Wadham.
Postnffire INSPECTOR r. r. Munroe, when
cues tened on the subject yesterday, said :
81 consider the whole thing very tjne Dues
ten. We really have nothing TO do with
that service. as Max Pepper is the con-
tractor and is respOnsl bile for the horses
be sends out"
Responsible to whom?" was asked.
We'll, I suppose he IS responsible to the
Government" replied Mr.. Munroe after a
few moments reflection. III the horse
was lame before il was taken out Of the
stabl6 -" and here the inspector in charge
paused and reflected again over the knotty
problem. Having wTestled few moments
with it he sad Even supposlng the
horse was lame when they sent him out
it is very difficult to say just what the law
is | consider the matter would be per-
sonal one between the contractor and the
Government, and the question of cruelty
could not be brought in. The Govern
ment could fine Max Pepper though for
breach Of contract If he sent out lame
horse. as such proceeding would be
liable to delay the mails"
"These cruelty to animal people should
really exercise some Judgment and not go
about arresting mail wagon drivers when
they are on their business. The only case
In which that can be done is when they
Il F.
driving down to the boat to catch an over
land train. II his horse fell lame on the.
way and they had the power to arrest him
for il he would miss the boat and serious
loss and inconvenience to the public might
be the result. 1t would never do to give
any one the power of stopping a mail
driver when he was about his business
ana l am sure the lawsis against Officer
Wsdham on That point. though the ques-
tiOn is a very complicated cne."
Max Peppers manager, j. e. Riley, was
full of threats oil dire vengeance against
Officer w adham yesterday" He'll find
that IL is not so easy to play with the u.
S. mails as he seems to think. We are
going TO have him indicted before the
Grand Jury for obstrueting the mails half
an hour last Friday afternoon, and very
likely be will be fined thousands of dol
lars" Mr.. Riley said this with an air of
stern determination which showed that ne
meant co have his pound of flesh If the
law allowed it. Then ne told his tale cf
woe:
1.-THE horse was not lame when 1t left the
stable, but it has quarter-crack in iis
foot that in this muddy weather might
make it SO on the road. Wadham arrested
Shanahan on Market street, near Taylor.
about o'clock, and dragged him off to the
New City Hall. When they got there they
refused to enter the charge, because they
were afraid Of 0bstrueting the mails Then
he yapked him down to their Proven ton of
Cruelty Office, in the Doaahue building.
and telephoned about changing the horse.
/ told them TO 90 ahead and get the nearest
one procurable. After that he let our
driver go, but great Scott, why conld he
rot have waited 10 arrest him ill he was of
duty ?"
How about putting him on a mail
wagon, when the officer wanted him ?" was
asked.
I'VE did that because we were short
handed that afternoon, and Mr.. Munroe
said if the officer arrested Shanahan he
would have the officer arrested for OBJ
structing the mails by taking away a man
who was wanted in the department. If
that driver has climbed on the mail wagon
since, though, when they have tried to
arrest him, know nothing about il.
don't believe t5ey have ever tried to arrest
n do mill kui