The herald., 1897-06-09

with the appointment of Mr.. Chambers,
and thought that matters would now
progress more smoothly.
In view of the report of the chief and
the statement OF the city attorney.
Commissioner Gibbon- said he did not see
any necessity for any action by the COM
mission at this time. He thought that
this lottery business should be sup
pressed, and he would certainly favor
any method by which 1t could be done.
He therefore moved that committee
of three be appointed to confer with
the city and district attorneys, as well
as the judges Of the police courts, on the
subject
The motion prevailed by unanimous
vote. and the mayor appointed Com
missioners Gibbon, Wyman and Preuss
as such committee, which closed the in
cident for the time being.
ARE IN EARNEST
There is no doubt but what the COM
missioners are thoroughly in earnest in
their intention to suppress Chinese lot
terry playing, if such thing is possible.
But very few people realize to what an
extent the evil has grown. Lottery
shops are scattered throughout the city.
many being situated on the principal
business streets, while in the outskirts
they are peddled from door to door, and
even handled by the vegetable vendors.
So open have these people become that
even school children can purchase these
lottery tickets with impunity. AS there
are four drawings day. no definite idea
can be formed Of the amount of money
which is swallowed up by this fraud, but
from the number of people engaged in ii
it must be well up in the thousands
every month.
The council will back up the commits
sioners. and every effort will be made 10
wipe out the evil.
DISTRICT ATTORNEYS REMARKS
District Attorney Donnell, upon being
asked what he had to say regarding the
reflections Of the chief. of police upon
his office, stated that he had little to add
TO what he had said on several previous
occasions. "In the first place." he re-
marked, 'it is outside Of the province Of
this Office to interfere in any way with
these misdemeanor cases. The city has
sole and, exclusive jurisdiction. and the
habit that somehow has sprung up OF
one of the deputies of the district attor-
ney's office being attached to the police
court to prosecute cases pertaining to
the city was something in the nature
of an imposition on the county. real
lied that, and finally Attorney General
Fitzgerald has given an opinion in the
matter which fully sustains me in the
stand I take, which is common sense
as we'll. OF all the fines collected by tn;
city not one cent found its way into the
county treasury, but all went to the city.
And that is right; but it is also righ.
for the city to prosecute its own cases,
and a lottery is no different from any
other form of crime. The city police
have authority to make arrests with or
without a warrant, nay, a private in
dividual can arrest a lottery dealer, or
any one else caught in doing an unlaw
full act.
but I'll tell you what I would be
willing to do" and Mr.. Donnell spoke
with emphasis, i've heard a good de al
about this lottery business from time
to time, and although, as l said before,
it is outside the legitimate province of
this office. am willing to send deputy
to the police court for a month to pros
ecute these lottery dealers. But there
must be no nonsense. Heretofore the
only way to obtain any measure of sue
cess with the Cinnamon in the police
court was to allow them to plead guilty
and then they paid, the fine Of $40 OF
SIS and went on their way rejoicing
The sole reason for this was that n
police court jury would convict in q
lottery case.
There has never been case, under
any circumstances, where evidence has
been produced tending to make case
against a lottery game that I have re-
fused complaint. If the chief of police
will take up this lottery business in good
faith, have substantial jurors brought
into court and not roustabouts, and
make an arrangement with the cour.
regarding the trial of the lottery cases
will send deputy to prosecute lottery
cases for month. What I mean by
arranging with the court is that If there
are thirty miscellaneous cases on the
docket and one lottery case that some
understanding may be arrived at by
which the lottery case may be segre.
gated and disposed of quickly and expe-
ditiously Inasmuch as every misde-
meannant is entitled upon demand to
a jury trial, some such method would be
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