The San Francisco call., 1897-11-20

fore the report of the expert who was
employed by the Board of Supervisors,
was submitted TO the Grand Jury the at
tentiou OF the District Attorney had been
called to these items. The expert went to
him for copies of the codes in reference
10 them. Shortly afterward person not
connected with The District Attorney 5
Office approached the expert and told him
he tad better omit from his report all
reference to them. This the expert ab-
solutely refused TO dc. This report is
now in The hands of the Grand jury.
District Attorney Harrington next un-
dertook to explain why the double
charges had been made to the county by
Justices H rrington and Dwyer, Herring
ton and Beggs and Beggs and Dwyer.
With reference 10 the double charges
made by the Justices, he said, "Beggs is
of Santa Clara County, and has two
brothers praoticing law in the county.
There is a law which disquaifies any
Justice from sitting in a case where a re a :
tive is concerned, or where the attorney in
the case is a relative. In such cases he'is
disqualified. He perhaps received the
complaint and performed certain other
services
Upon the trial OF the case he would send
it TO some other Justice of the Peace.
The question then arose which was en-
titled to he fee. and it was claimed that
both were entitled 20 collect for their serv-
ices, having performed duties imposed upon
them, holding that under the organic law
duty cannot be i'm posed upon an officer
unless he is compensated for it.
In the case of Dwyer, as reported TO
me, he requested Justices 10 come and sit
with him and instructed them to collect
for the service rendered in his court, with
the understanding that he would not him
self collect for them. There never has
been any admission as published by THE
CALL that they had knowingly, aiken
moneys Illegally"
On being pressed Mr. Harrington ad-
mitted that he was not speaking of his
own knowledge, and when he was in
formed tnat IL would be proved that two
Of the accused Justices had admitted their
quit before the Grand Jury, and also on
I. stree to private persons, he made no
further effort TO constitute himself de-
tending instead OF a prosecuting Official
by the use of "glittering generalities." "
OOHA4u MS interesting 6XpldI ma
tons, he said: "Herrington was also dis
qualified in certain cases because of hi,
relationship TO C. H. Harrington. q
brother, who is practicing law in San
Jose, and myself and for that reason had
to transfer some of MS cases"
Ine District Attorney then made spe-
cial plea for the accused Justices. There
was not an otficer of the State of Callfor-
nia," he said, who knew OF the insanity
law until 1t had been published, and
think personally that during the period
between lis becoming q law and the time
OF publication they had right 10 take
jurisdiction. | believe further that il is
nothing but justice to pay for services
that have been honestly performed"
He even went further and said that
even now there would be nothing wrong
in Justices of the Peace taking jurisdic-
tiOn in cases where there were violently
lnsan persons TO be locked after, and in
such cases he thought the fee of So ought
to be allowed. When II was intima:ed
that the Legislature did not make laws to
have them treated like ordinary rules he
cnlY shrugged his shoulders.
Before the interview was at an end this
peace officer OF the county of Santa
Clara inlmated that1f be were criticized
in the columns of THE CALL as the three
Justices had been, ne would 90 cunning
tOr some one.
District Attorney B. a. Harrington is
candidate for Superior Judge, to succeed
Judge W, 6. Lorigan.