The San Francisco call., 1896-12-24
DOCKERY WINS ON
A TECHNICAL
Judge Hunt Says the Milk
Inspector Is Not an
Officer"
Cannot Be Removed From His
Place by Order of the
Superior Court.
If Guilty Of Bisckmailing He Should
Be Prosecu ei on a Criminal
Charge.

Milk Inspector James P. Dockery won q
technical victory in Judge Hunts court
yesterday by the rendering OF 8 decision
sustaining the demurrer fled IN the case
by his attorney
The proceedings grew out OF charge by
Rutland & Zimmerman, milk dealers, who
charged that Dockery attempted 10 black
mail them out OF $500 on the promise tnat
if they would pay that amount he would
sllow them TO sell milk without having II
inspected according 10 law.
When the case was called in Judge
Hunts court Attorney Clunie, represent
ing Dockery, objected to the trial for the
reason that even If all the plaintiffs
alleged was true Dockery could not be
deprived of his position by such an action
as the one ST bar and this position was
held by the court to be in accordance with
law.
In sustaining the demurrer Judge Hunt
said tnat there was nothing in the Con-
soIidstion Act or in the Political Code
creating the Office OF Chief Mix and Food
Inspector, but assuming that Dockery was
one of the SIX inspectors whose appoint
ment was authorized by law, he was OF
officer within the meaning OF the code,
which provides that sn sccusation may be
filed against any officer for collecting
Illegal fees or for peElecting TO perform
his official dltleS- al best" said The
court, the defendant is but an appoinfee
Of the Board OF Health. performing the
duties which the board exacts OF him and
subject TO removal by the members 10,
cause He IS as much sn employe OF the
- ~ Il -.
Board OF Supervisors. The power OF re-
moyai OF such employe Is vested solely,
by The Law, IN the board employing him,
and q citizen sggrieved by his neglect or
refusal 10 perform his duty must seek re-
lief al the hands of the board"
Judge Hunt added that il Dockery has
been guilty OF the acts charged by Rub
land & Zimmerman he Is amensble TO
the penal statutes and may be prosecuted
for felony. He held that the case was not
properly presented in the proceedings
then under consideration and threw the
entire case out OF court.
Quite a number OF milk-dealers are
earnest IN their opposition 10 Dockerv,
and he is freely accused OF unfair and ma
hclous treatment of milknen N his Off
cla! acts. The accusations EN- bodied IN
the complaint OF Rutland & thinner
man were first presented 10 the Board OF
Health, but the Plaintiffs formed an opin-
ion that they were not able 10 obtain an
impartial hearing before that body and
went directly 10 the Superior Court
Il was announced yesterday that the
effort 10 depoSe Dockely Will be Kept ND
win vigor. An action will be instituted
to compel the Board OF Health TO dismiss
Dockery on the ground that he Is corrupt
and unit Tor the place The matter will
also ns taken before the Grand jury and
an effort will be made 10 have him in
dicted.
After the decision of the case Dockery
filed 4 communication with the Board OF
Health IN which be denounced as untrue
ali the charges made against him, de-
msnding an investigation by the Board
OF Health ana requesting that The matter
be referred - the incoming Grand Jury.