The herald., 1897-09-29

bored ana the many temptations to
which they are subjected, and said that
the board should not place another
temptation under the windows Of the
home of many of them. Mr.. wyman sup
ported Mr.. Gibbons position. and strong
ly urged the denial of the petition. The
other members OF the board seemed to
pay more attention to the failure of
Kerkow to secure the consent OF the re-
quired two-thirds of property frontage
The petition was returned to Kerkow,
this frontage IL the petition was to be
granted. On the motion to 90 return 1t
Messrs. Gibbon and Wyman voted in the
negative.
The application of H. Gerckins for a
transfer OF the license for the saloon at
First and Los Angeles streets from
Joseph Belchlavek to himself was
granted.
TRIM THE SHADE TREES
President Silver Of the city council
addressed the board on the necessity Of
trimming the shade trees and hedges
Throughout the city. He stated that many
OF the trees hung so low as to be both
ersome to passers-Iby, and also added
| nothing to the beauty Of the streets in
their present condition. He pointed to
the fact that the dense ehade of these
streets was frequently sought by per-
sons who wished to be In the dark, and
urged the board to have the work done.
Chief Glass stated that he had en-
deavored to have the matter attended to,
but In many Instances the property ad-
| jacent the places where such work was
needed was owned by non-residents who
could not be reached by notices.
THE 400" CHANGES HANDS
The application Of Eugene Maxwell for
a license to operate saloon at Fourth
and Main streets, where the notorious
''400'' is located, was granted. The grant,
ing Of the license was, however. with the
| understanding that the character Of tine
place shall be completely changed. As
condition of his license Mr.. Maxwell
agrees to close the back doors, to close
the so-called restaurant and to make
such other changes as the board may
desire. He stated that the present pro-
prietor was to have nothing to do with
the place, and that w. j. Oaks was to be
his manager. He will refurnish the place
anew. In support Of his application he
presented letters from Messrs. Potter
and Johnson, stating that they favored
the granting of the petition.
The application Of Charles w. Endel
for license for q saloon at 504 North
Alameda street was granted. The mat
ter Of the transfer Of the license of John
Chic to j. B. Lavignini was referred to
the chief. Applications Of Stanley Rich
mond and A. W. Pomerant for appoint
ment as policemen were filed. A. A.
Denton, who recently filed an applica-
ton for appointment as a policeman,
presented petition in support of his
application.
TAPE GAMES ILLEGAL
In regard to the matter Of the legality
OF the tape games and the advisa bility
OF the council passing an ordinance for
bidding them, which was referred to ths
city attorney two weeks ago, the follow
ing was received from that official:
In the matter OF the suppression OF
tape games, I note your communication
to me requesting my opinion as to
whether or not city ordinance should
be passed prohibiting the running of
these games. The legal question in
volved is q very close one, but am of
the opinion that the state law for the
suppression Of gambling covers the
games in question. For this reason I
would not advise the passage Of city
ordinance on the subject.
I realize that my position does not
agree with the view taken by Justice
Morrison, and, as have said, the ques-
ton is 30 close one that lawyers might
easily disagree upon it. I am, however
after a careful examin alton of the law,
impelled to the opinion that the acts
are within the contemplation of section
$50 of the penal CODE
The case tried before Justice Morri-
son was submitted to him upon a writ.
ten stipulation and 1t may be possible
that upon full trial OF the matter facts
would be adduced which would present
to the court different aspect Of af-
fairs than was shown by the stipulation
entered into IN the former case.
OFFICERS EXONERATED
The matter of the charges that had
been preferred against Policemen Ritch
and Edwards by q number of Chinese
merchants that they had entered their
houses and broken up furniture and un-
lawfully taken. away goods, was taken
up. CnleL GlaSS reported tudt WueLl
such complaints were received he con-
sidered them complimentary to the
officers as showing that they were doing
their duty. He then read long state
ment from other Chinese merchants in
which the course of the police was up
held and in which 1t was stated that the
persons making the complaints were OF
the worst class OF Chinese. The sigma
lures to this communication were cut
from it because of the fear that violence
might be done those who signed II by
the persons who were friendly to the
complainants. The communication
dealt with the differences in, Chinese
classes at great length. 1t is said that
it was prepared by member Of the Chi
nese legation. 1t is known that the
members of that legation are acting with
the police in their efforts to break up
the organizations Of alleged gamblers in
the coast cities. The chief did not state
when he had received this communica-
ton but 1t was filed without the sigma
lures.
The officers against whom the COM
plants were made submitted plain
!, statement Of the facts in the matter.
They said that the places they had en-