The herald., 1897-03-20
"HEATHEN CHINEE" ON TOP
Why the District Attorneys Office Re.
commended Light Fines
Lottery Men Practically Dictate What They
Shall Pay When caught-Dspaty JSmss
Explains the Anomalous Position

A week or more ago an article was
published in the columns of The Herald
in regard to the methods of the district
attorneys Office in dealing with Chinese
cases in the police courts, more espe-
cially those of lottery ticket sellers. 1t
was stated that the Celestials were fined
but SIS when they pleaded guilty, and
that the police judges, in imposing this
absurdly small fine, but acted upon the
recommendation of the district attor-
neys office.
Deputy District Attorney James was
seen yesterday, and in explanation of
the reason for the action of the district
attorneys office, said This action be-
came necessary by reason of the clogging
OF the police courts with untried lottery
cases, which acted as a continual bar
to the transaction of business. For
merly, when five or six lottery men were
arrested in a bunch or on the same day,
when they came into court each de-
manded a separate jury trial. gave bond
and had their cases set for dates month
or two distant. When the time for trial
came the witnesses were scattered, the
officers found it difficult to identify their
particular prisoners, the securing of
juries was lengthy and difficult task,
and in so per cent of the cases convic-
tion was never secured.
ITO remedy this state of affairs. Dis
trict Attorney Donnell recommended to
the police justices that in all cases where
a plea of guilty was entered to first Of
fense. a fine of $40 be imposed. For a
time this was done, the rate being raised
several months ago to $15 If the Chinese
can pay $40 or SIS fine and get off when
arrested, they are satisfied. If a heav-
Ter fine. say s25 or $50. is imposed, they
1T 10. 60. 1 \
fight 1t out to the end. That is why the
recommendation was made, and it has
resulted in more money being paid into
the city treasury by the lottery men
during the past four months than in the
two years previous"
Mr.. James denied that he had ever
refused TO issue a complaint against a
Chinese lottery man, giving as reason
that unless the orders of his chief were
obeyed, he should issue no complaints,
but said that there were no orders given
by the district attorney; the matter of
fixing the fines was a mere recommend
alton, which did not bind the police JUS
tices. He might have refused to issue
q complaint at one or more times, but it
must have been in a fan-tan game case
where there was not sufficient evidence
to warrant going to the expense of a
prosecution.
In regard to the statement made that,
taking all things into considera ton, the
above procedure was equivalent to the
Chinese debating their own fines, Mr..
James was emphatic in saying that there
had never word passed between any
member of the district attorneys Office
and a Chinaman. or anybody else, on
the subject of what a prisoner would or
would not be compelled to pay as pen
atty in court. but admitted that the willy
heathens had forced the above by their
tactics, and the authorities were com
PEELED to accept SIS fines or else be de-
layed and annoyed. the courts clogged
and a small percentage of convictions
secured. The "heathen Chinee" certain
ly has the whip end at present.