The herald., 1897-11-07
Curious Comment on the
City Justices Case
THE GRAND JURY EXPERTS
A LADY EXERCISED AS TO HER
ELIGIBILITY FOR MARRIAGE
Mrs. Julia Glare Wants Her Biga-
nous Marriage Annulled - Sey-
mour Bisbee Claims $4,000

A curious and somewhat interesting
story, If such it can be called, is current
which serves to explain why 1t is that
the suit Of the Chinaman lottery dealer,
All Louie, against Justice NJ. T. Owens
has been shelved out of the way.
1t is true that by agreement of coun-
sci when the case was called a week ago
it was continued ever to be reset. Coun-
sci for the defense, including the city
attorney, were busily engaged in other
cases. and Judge Clark, in whose de-
partment the case was set for hearing
by the court in bank, was confined at
home by illness. But while this is all
true 1t Is being boldly asserted in quiet
kind of way that the case never will be
set for hearing and If by any odd chance
it should be it will be continued along
from time to time until the legislature
meets again. That is a far distant date,
and it seems more probable that the case
will be allowed quietly to drop.
It will be remembered that this is the
case wherein it is contended by counsel
for the plaintiff. All Louie, that by
the 100, 900 limit what is popularity known
as the Whitney act has become inopera-
tive, and the city justices are and have
been, since the last census taken under
special provision of the legislature act
ing without jurisdiction or authority.
Ordinarily when the legality Of an
Office holders position is inpugned the
city or county auditor, as the case may
be, refuses to issue warrants for salary,
or the treasurer pay out any money for
such purpose. In such case the point at
issue is at once raised and settled by the
courts. In the present instance, how
ever, 1t Is whispered around that all con-
cerned are quite content to let matters
slide along without disturbing the order
of the city judicial administration as at
present obtaining.
The board Of supervisors have a very
direct interest in the matter, for if the
court should decide that Los Angeles,
with a. population of over 100000, has
passed from under the operation Of the
Whitney act. that the city justices
courts are obsolete and that additional
provision must be made by the estab
lishment of another township court,
then all the fines inflicted in misde
meanor cases-amounting during the
year to an aggregate of goodly propor-
tions-wOuld revert to the county treas
ury instead of to the city as at pres
ent.
But it appears as If the powers that
be are metaphorically between the devil
and the deep sea. On the one hand the
city justices do not desire to have their
offices abolished by judicial determina-
ton, even though legally they have
been abolished by the city passing out
of its old class by increase of pOpula-
ton; and on the other hand, All Louie
and eight or nine plaintiffs in other
cases wherein the same question of
jurisdiction is to be raised, while not
desiring to press their point to a legal
conclusion, demand that if the point is
not to be settled by the courts and is
to be left until the time when the legis-
lature can take action in the matter,
that reversion be made to a state of
status quo and that they be permitted
to run their lottery games.
In these premises what is to be done?
In the one case the city justices courts
will, in all probability, it is claimed, be
wiped out of existence and a number of
nencnmen Oh the 8. o. p. be out or q job.
and in the other the people and press
are almost certain to raise a howl at
lottery games being allowed to run
practically wide open. Under such cir
cumstances it Is wiser to daily with the
matter, and that is what is being done
so it is claimed. But it is just barely
possible that some taxpayer, fanatical
in the interest of economy, may bring
suit to enjoin the city auditor and treas
urer from paying the salaries of the
justices and attaches Of the city courts.
Then, indeed. the fat would be in the
fire. Then. too, it Is reported that the
bondsmen of Everett, the defaulting
clerk Of one of the Justices courts, are
refusing to make good the deficiency of
their protege on the ground that he was
not legal officer of the city.
And so things are rather mixed all
round and just exactly where City JUS
tees Owens and Morrison stand, polit-
ically, socially. ethically or legally, it is
extremely difficult to say.
TIM TJADn TYYND