The San Francisco call., 1897-11-24

Phelps, ROBERT aIher, j. y. NNIdO'
Miles HoIlister, ]. S. Mcckbee, +. B. Wise
and r. McCubbin, says:
Upon investigation we found that
justices fees nave been char ed by two
different Justices of the Peace, and, IN
some ca ses, three for the same case, on
the plea that they had right to do so on
being called in to sit in the place OF each
other on trial, ana in that way several
hundred dollars have been illegally drawn
from the county treasury between three
Justices OF the Peace, W. II. Dwyer, J. D..
Beggs and l. Harrington, and the Board
OF Supervisors have ordered suit brought
against them for the recovery of said
money. On the advice OF the District At
torney SUIT has been brought against
J. D. Besgs for that purpose, with the
stipulation with l. Harrington TO abide
bv the decision in that case, and the G;and
Jury strongly ur es that these suits be
pushed to a speedy trial, to the end thai
the public treasury may be protected in
the future against such double and treble
charges"
Under the heading OF "Dives, social
evils. opium dens, gambling and lot
teries, " this report SAYS:
The Grand Juiy. by its committee, has
made Investigations sufficient to prove
that dives, oplnm dens, gam bling and lot
terIes are conducted, Tor portion Of the
time ct least in the city OF San Jose. but
as they com under the head of misde-
meanors they are not lnuictab Bile. The
Only thing we can do is to call the atten-
ton OF the city officials to their existence
and urge them TO greater diligence IN their
suppression. 1t is an undenlable fact that
gam bling has been the cause OF the down.
fail Of more men who are intrusted with
the care and custody of money belonging
10 others than any other vice, AND IL IS
generally accompanied by all other
vices, and should be restricted By all
lawful means and discouraged by all the
mOral influences that can be brought 10
bear against j..
But We do not think that the interests
OF public morals are subservei by con-
tinualiy Haunting the disagreeaDle fact in
the local papers, and when the admitted
responsible managers OF these papers,
called upon TO furnish the sources of their
information that III facts may be legally
proven, utterly refuse 20 DO so Oh the
ground that it would injure their busi-
ness. Such a course on their part oaly
serves two purposes. 1t advertises those
places unGer the guise of roasting them
and Is a guide to the stranger in the town
and TO the uninitiated.
so far as the money interests Ct the
county are concerned, by far the most
damaging feature OF gambling is the
enormous drain Cf money from the county
by the purchase of foreign lottery tickets
WI hen two residents sill down to gam bic
so far as the public is concerned it makes
very little ference which of them gets
Up with the money, but the money that is
paid for foreign lottery tickets, both TO
Chinese and whites, is drawn from the
county and IS gone never TO return-or at
Least the greater part of it-and if the sale
of those tickets could be stopped entirely
the county would be a great gamer"
1t also contains the following: 1--WE de-
sire 10 ca i the attention OF thu Board OF
Supervisors to The fact that they have for
some time past been monthly paying out
OF the pu bile treasury the salary and ex-
pense OF maintaining a game warden
whose duties are so limited that said office
is OF little if any benefit TO the taxpayers
of the county, and should be Immediately
abolished
A minority report was filed by Juror 7.
w. Carroll. This report handles the Dis
trict Attorney, the Board OF Supervisors
and several of the Justices OF the Peace
without minciDg words. It recites facts
that as already stated in The CALL. sub
jects three of the justices to indictments
and place the office of the District Atior-
ney in 4 questionable position. 1t is es
follows:
To the Hon. ". u. Lorigau, Judge of the Su-
perIOr Court OF the County OF Santa Clara,
California;: In compliance with the instruc-
tions of your Honor we beg leave to submit
the following our report as such Grand
Jurors: We concur with the committee re-
ports in all lie officials that have been in
vestigated, win the exception Of the report
covering the Offices of the Boerd OF Supervisors,
District Attorney and justices OF the Peace.
We have made careful and diligent inquiry
into ali matters brought to our notice, and
after due consideration we are compel ed, in
justice to ourselves and as members of said
Grand Jury, TO positively assert that most
infamous state of affairs has for many years
past existed in this county, and we are more
Than surprised at the careless manner in
which the Board Of Supervisors and District
Attorneys Office have conducted public
affairs, and at this time we are unable TO find
language sufficiently strong in which to ex-
press our condemnation for the negligence
shown by said Board OF Supervisors and The
District Attorney II the discharge of their
respective duies toward the taxpayers OF
Santa Clara County.
From the UndlspuIed evidence presen ted TO
US, there remains no excuse for said official
negligence, other than that said officials are
either ignorant OF the avs governing them
or that they are prostituting their official
positions at the dictatlOn OF political mis-
creants.
One OF the most scandalous affairs brought
10 our notice is the manner in which the
Justices OF the Peace OF san Jose Township
Santa Cara Townshipaud Redwood Town III ip
have conducted their offices for the past two
years (that is as far back as we investigated)
From the evidence presented TO u, and
which cannot be disputed, William H. Dwyer,
a Justice OF san Jose Township, l. Harrington
OF Santa Cara Township and ]. D. Begg, of
Redwood Township have al three been re-
ceiying ices from the county treasury for try
ing the same identical criminal cases. as
fol ows:
Dwyer would present claim for trying
certain criminal case and the District Attor-
ney by one Of his deputies would indorse the
claim legal upon its face and the Board OF
IA alIo ho