The San Francisco call., 1898-12-10

sympathy with MT. Harper's plan. MT. Truman would have fathered the peti- tion himself were it not for the fact that he is an off1cer-e elect of the city and feels natural delicacy in interfer- ing in anything that might seem to re- fleet official action. Asa R. Wells Is in the same position. He emphatically in- dorses MT. Harper's petition and, with many others, hopes to see the speedy solution of the two great questions in volved in that petition.
 When MT. Harper files his application for writ of prohibition this morning. he will make he Superior Court and Judge Carroll Cook defendants. MT. Harper will recite that he is a citizen and taxpayer of ti.is city and State. He will assert that as such he is bene ficially interested in the administration of the law in this State. Particularly so in the conduct and prosecution of criminal actions. He will declare that as citizen he is interested in the prop CT and lawful expenditure of public money. This will, it is believed. give MT. Harper legal standing in the Su- preme Court. It is probable that never USlOIt HdS Si pSISOll, OSleHSiDiy ested in the issues of a case. interjected himself in this way. Mir. Harper will. however claim his right to do so under the common law.
 He will then recite the salient incl dents of the Botkin case as the public understands them. He will speak of the indictment by the Grand Jury and of the assignment e the case to De- partment 12 of the Superior Court. MT. Harper will then make his primary al- legation that the Superior Court has no Jurisdiction in the matter. He will de- clare that the indictment under the authority of which Mrs. Botkin is being tried charges no offense under the laws of California. MT. Harper was seen last night and he asked that this point be particularly emphasized. He does not wish 1t to appear, even by an insin- uatfon, that he is associated in any way with the defenders of Mrs. Botkin. He wishes it to be understood that, personally, he is not concerned with Mrs. Botkin's affairs. He is bringing this suit simply to determine these two questions of general public in- terest. In denying the Jurisdiction Of the courts of California, MT. Harper and his attorney, Louis P. Boardman, seek only to raise the question of authority and to determine where person accused of such a crime as Mrs. Botkin has been may be tried. MT. Harper will, therefore, ask the Su- preme Court of the State to issue a writ of prohibition to restrain Superior Judge Carroll from proceeding with the trial of Mrs. Botkin and to appear in sson and show cause why he shall restrained from all further pro-
 ip the case.
 extraordinary petition will
 to the Supreme Court this
 the appellate tribunal
 take immediate action.
 Aohibition be issued by
 Tt the trial of Mrs.
 .oceed on Monday
 ter, as already de-
 ed a great deal
 of the prominent
 erchants, lawyers
 n generally, have
 lent of the Colum-
 lsurer-elect of the
 proceeding. if it
 Tn a higher court
 .mediately the juris-
 rior Court to try the
 Botki- ought to be
 Der to save the great
 |to the city which will
 1al of this case. I think
 Ieding highly commendable
 Iuld receive the general SUD-
 lvery interested citizen. It has stated with a good deal of posi- >eness that the California courts have mo Jurisdiction to try Mrs. Botkin for murder If this is so that proposition should be established at once and as- certained as a preliminary matter be-