The San Francisco call., 1897-11-19

the Justices, as many leading lawyers
CAIN is clear ana unmistakabe, and IN
not indicting them the Grand jury made
itself amenable to severe criticism, Il
nothing worse.
Section - of the Penal Code applies to
each of the accused. 1t is as follows:
Every person who, with intent TO defSud,
presents for allowance or fer payment tommy
State board or ficer, or 10 any county, town,
city, ward or vii age board or officer, author
lied 10 allow or pay the same If genuine, any
false or fraudulent claim. bill, account,
voucher or writing is guilty OF felony.
The next session OF the Grand Jury Will
be held on the 22d OF the current month,
and its action in this matter will be
awaited with great interest.
Judge Lorican has always stood well in
the estimation of the general public, and
his connection with the quashing of the
indictments against Judge Dwyer was a
surprise and shock 20 many who knew
him. HIS friends have ardently taken up
his defense They declare that if he in
structe the Grand jury the offenses COM
mitted were misdemeano-s and therefore
not within Its jur sdiction, he must have
had good legal grounds TO stand upon
The issue rs ii now affects Judge Lori
rau's standing Is whether or not the
offenses on which the Dwyer indictments
were founded were felonies. When Judge
Lo-igan adjourned court at noon to- day,
after sitting in the Mcbride damage SUIT
against the Southern Pacific, he was
asked II he desired 10 make u statement
or explanation of ;he ference of ouin-
ion tuat existed between nlmself and
some OF the grand jurors as 10 the
status OF the charges Sgalnst Dwyer.
Before the publication of the arti-
Gle in lHE CALL IF Yesterday he
had been asked to explain the s. nation,
but declined 10 talk, on the ground thar it
would not be right for him TO discuss for
publication or with any outsider matters
that had reen under consideration by the
Grand Jury. or that had transpired during
their sIrtings.
He dii. however. deny that he had en-
tered the Grand jury room without being
requested Uy that body 10 do so. When
a 6ed IS to The language he is reported to
have used in cenandlng that the Dwyer
indictments te Wit drawn he said:
III the oCcas on had required, / would
certainly have used such language"
To-day Judge L3IIgan was in far less
agreeable mood Iha1 usual. and refused
10 say anything on tie subject N all. II
was eXplalned TO MIN thai The details had
been IuIy published in The CALL, and
that there woulu, therefore be no viola
zion of the secrecy OF he Grand Jury if ne
explained the Dwyer controversy with the
q and Jury.
On, rs in the paper, is it?" he said
"NelI, you get nothing. You've eou ii
now, haven't your" With this elegant
paradox on his tongue and anger on hls
face he tur1ed away.
Among the attorneys the action of
nj Lori - NF h.
interest. as IL Is among all who have an
understanding OF the law.
As already stated, one of the charges
against Just ce Dwyer on which an IN
dictmenI had been found was the illegal
retention of 81 30 assessed against Jo-
sephine Hodges on June 10, 1897. On the
part of the grand jurors who claimed
that Dwyer, by failing TO pay this amount
over to the County Treasurer. had COM
mitted felony, The law Is cited 10 cover
The case follows:
Section 424-Each officer OF this State. or OF
any county, cI Y. town OF district OF this State
and every other person charged with The
receipt, ate-keeping. transfer or dlsburse-
ment & pubic moneys, VINO either
1-WUhout authority OF law, appropriates
the same, or any portion thereof 10 his own
use, OF the use OF another; OF
9-WIlllulIy omitS TO transfer the same
wnen such transfer Is required by law; or
l0-Wulfuily omits or refuses 10 pay over to
any officer or person authorized by law TO
receive TIE same, any money received BY him
uudsr any duty imposed bv law so to pay over
the same, Is punishable by Imprisonment in
the State pTl son Tor not less th an one nor more
th9u ten ye IS, and i disqualified from hold
ing any OtlC- in THIS State.
Section 40 Every officer charged With the
recei pt, safe keeping or disbursement cf pu b.
lie moneys, VINO neglects or fails 20 keep and
pay over he same IN the manner presented
by law, IS lty OF felony.
Section 426. The 'public money" as used in
the TWO preceding sections includes ali bonds
ana evidences OF Indebtedness and IL moneys
belong n 10 the State, or any city, county
town, or district therein, and all moneys.
bonds and evidences of Indebtedness received
ct heIu by State, county, district, city or town
officers in their official capacity.
On The part OF those who seek to defend
Judge Lorigan, il is claimed that Dryers
ottense was d nii>demeanOr, and they
quote section 427 OF the Penal Code in
support OF their contention. 1t is as fol-
lows:
If any clerk, Justice of the Peace, Sheriff or
cons able, Wha receives any fine or forfeiture,
refuses Or negl l,c;s to pay over the same ac-
cording TO law, ana within thirty days after
ne receipt thereof he Is guilty OF misde-
Deanor.
But the L0rigan- misdemeanor advo-
Gates are asked how This las, section can
be made to apply when the 81 80 retained
by Dwyer was neither fine" nor a .'for-
feiture."
The second indictment has been found
on facts >hOWing that Judge Dwyer failed
10 pay to a Iugant $25 that had been
awarded to the latter on a judgment, and
which amount had oeen previously placed
in the custody OF Dwyer.
In defense Of Judge Lorigan and his
mSdemeanOr theory il IS Claimed that
this sum was not puoIic money and hence
The offense was not a felony Against
Ihls con eTtion Is brought the portion of
section 426 Of the Penal Code which reads
as fellows:
The phrase, public moneys" in.
cludes all moneys received or held
by the State. county, district, city or town or
ficers IN their official capacity.
To-day or tomorrow there is to be
meet ng Of the san Jose Charter Club.
whose object, are the furtherance of good
government and the carrying out of the
provisions Of the new charter OF San Jose
in letter and spirit. Through the efforts
of this organization notable victory was
" on this spring. 1t Is understood that at
this meeting ~ome action will be taken to
help along The CALLS work OF tearing
from the vitals OF beautiful San Jose the
cancereus growth of corruption that has
Tor so long been eating INTO the body
pohlic.
RjG HdUI RY R0RREPo