The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-09-29
Writ Of Mandate to Compel
Him to Perform an
Official Duty.
Failed to Arrest Examiner"
Defendants, as Directed
by Notary Craig.
An Incident of the Claus Spreckels
Libel Suits Will Test the Power
to Punish for Contempt.

Claus Spreckels has instituted a suit to
compel Sheriff Whelan to do his duty and
put A. NJ. Lawrence in Jail for contempt,
as was ordered by Notary Public Craig.
In Mr.. Spreckels' complaint it is allie ged
that he began suit for libel against W..
r. Hearst, T. T. Williams and A. NJ.
Lawrence on the 1st of last June and that
in the orderly ad administration of justice it
became necessary to take the deposition
OF A. Nj. Lawrence; that he vas re- ularly
served with subpoena to appear before
Lee ID. Craig, notary pubic there 10
give his testimony touching the matters at
issue: that he appeared and was sworn 10
answer questions and the taking OF the
deposition was proceeded with, and chat
during the proceedings tain pertinent
questions were asked, which Lawrenc re-
fused and lai!ed TO answer The decIina-
ton OF Lawrence to answer the questions
was not based On the ground hat TO an
swer them woul have tendency to suit
icct him 10 punishment for felony, or a
direct tendency to degrade his character,
but he based his refusal solely on the
ground that he was advised by his coun-
sci not to answer them on the ground that
thew were i'm material and irrelevant
After due proceedings had and argu-
ments made, Notary Graf, adjudged Law
renee 10 be guilty of contempt IN refusing
to answer the questions propounded, and
it was further ordered that Lawrence be
imprisoned in the County JAN until he
shall answer the questions, II being made
10 appear TO the satisfaction OF the notary
That il was within the power of Lawrence
TO answer the questions ii ne had been so
di- posed.
Thereafter Notary Craig prepared and
signed ana sealed his order directed to
the Sheriff OF any county, directing said
Sheriff, and particularly the Sheriff of the
city and county OF San FrantlSco 10 ar
rest and take into custody SAID Lawrence
wherever he might be found, and to i'm
prison him in the County Jail until he
should answer t. e questions propounded.
The commitment, together with a copy
thereof. was delivered to defendant Rich
ard |. Wbelan, and he was requested TO
execute the said commitment, but on
August 10 1897. he refused 10 perform his
duty in that regard and still refuses 10 do
so.
1t is set forth in the omplaint that the
plaintiff has not plain, speedy and ade-
quate remedy in the ordinary course Of
law, wherefore he asks that a writ OF man
date be issued from the Superior Court
directed to Sheriff Whelan, ordering him
to execute the commitment issued by
Notary Craig and to imprison Lawrence
in the County Jail as therein commanded,
ana tnat the plalnl1H SnaIi nave Such
other relief as may 10 the Superior Court
seem proper.
Grove L. Johnson of the firm of John
son, Linforth & Whitaker, who have been
employed to prosecute the case against
tn Sheriff, said yesterday that the only
object OF the present proceeding is TO get
the Examiner people into court and to
test The matter as to whether :hey shall
be punished for their misdeeds. Mr.. John
son said that incidentally there would be
a decision as to the power OF notary
public TO punish for contempt. The ques-
ton would be first presented TO the Supe-
rior Court, and if the authority OF the
notary be not there confirmed The case
would be at once appealed TO The Supreme
Court. At any rate the Examiner PEOPLE
would speedily find they could not con-
tinue in their reckless career of wrong
doing without feeling the strong hand OF
the law on 'heir cellars.
A. NJ. Lawrence, one of the Exami liner
defendants, who was recently arraigned
in the Police Court for criminal libel, has
gone to New York. Bail in the sum of
$1,000 was given for his appearance III
court