The San Francisco call., 1897-03-12

formed the court that he thought the Sen
a'e should have en- official notification OF
the matter, and that lik courtesy
should be extended TO the Attorney-Gen-
eraL He suggested that the Sheriff should
notify the Senate.
McEnerney, addressing his honor, re-
marked that the Senate in its wisdom had
ordered these men into the custody OF the
Sheriff of Sacramento County. He stated
that the writ as issued by the court was
directed 10 both the Sheriff and the Ser
geant-aC-arms, but that the latter had pre-
yiouslv delivered the prisoners to the
Sheriff. For this reason, he declared, 1t
was not the duty OF the petitioners to
notify the Senate or the Attorney General
of these proceedings. He added that on
Tuesday Senator Morehouse gave evidence
on the floor of the Senate that he had
knowledge of the writ having been issued.
He then continued as follows: If your
Honor thinks proper we should give more
notice than this, we are here to obey the
directions OF your Honor concerning the
matter
To this Judge Hughes replied as follows:
a think both sides should be represented.
w HE IL Is uOl lbS pA atSNANS "a SNo' ~ w
serve notice in cases of this kind, this is
an important matter and some notice
should be served on the other side.
The court will direct the clerk TO place III
the hands of the Sheriff a notice to be
served on the president OF the Senate, and
so 10 the Senate through the president,
that A. NJ. Lawrence and L. L. Levings
have been brought before this court on
habeas corpus on the allegation that they
are illegally restrained of their liberty,
and the matter will be taken up al $3.50
p M
McEnerney jumped at the opportunity
for securing further delay ana freedom
ior his clients. He suggested that this
was rather short notice.
District Attorney Ryan fnterposed with
a timely suggestion by stating that this
noice should be served and that If the
time was considered too short the ether
side could so state when they appeared
later.
McEnerney at this point endeavored to
make capital for the takers and at the same
time curry favor with the Judge, by stating
that as u preliminary matter and IN JUS
lice to himself and his associates and the
court he wished to call attention TO the
fact that con iderabl exception had been
taken to the admission of the prisoners to
bail.
Judge Hunt remarked that that was
something that the court would take up
later.
McEnerney informed the court there
was witness present, in the person Of
Deputy Clerk McCraney OF the Supreme
v.6 not ~
practice of the Supreme Court. On the
suggestion OF McEnerney the witness was
ordered to appear when the court con-
vened later.
CIunle asked that the time be made
o'clock. The court consented, and ad-
journment was taken TO that hour.
Promptly at 4 O'Clock Judge Hughes
opened court by king If both sides were
ready 10 proceed. Assistant Attorney
General W. II. Anderson arose and ad-
dressed the court as follows: If the
court please, in this matter the Senate
passed q resolution this afternoon request
ing the Acknowledgement to appear on its
behalf and represent them in this matter.
The Attorney General is absent and knows
nothing of this resolution. | attempt d,
on my part, to communicate with him,
and was informed that he had left his
office In San Francisco and gone home un-
well.
"Out OF regard to the Senate | have
concluded TO appear here with Judge
Post, one of the deputies, to represent the
Senate in this matter. But We only re-
ceiVed this notice q half hour ago and OF
course are not prepared to argue the mat
ter just at present. | have consulted with
the attorneys for the petitioners and they
have agreed 10 let the matter go over un til
10 o'clock tomorrow morning. The At
torney-General it has been repeatedly
held by the Supreme Court, has nothing
TO do with habeas corpus matters; they
are said to be local affairs and that it is
the duty of the District Attorney to con-
duct them. We will appear, however, in
accordance with the resolution of the
Senate"
To this Judge Hughes remarked: "The
court was informed that shortly after the
issuance of the writ in this matter the In
vestigating Comm ttee OF the Senate. the
members OF the Judiciary Committee and
other mem bers OF the Senate were notified
of he issuance of the writ. and also that
some one connected with the Attorney
Generals office had been notified. This
was deemed sufficient, but the Sheriff was
also instructed to serve the notice; the law
requires speedy hearing OF the matter,
but as the time was short since serving of
the notice, think the request for con-
tinuance is reasona bic"
Witness was notified to appear in court
at 10 o'clock tomorrow morning without
any further subpoena, and adjournment
until that hour was taken.