The San Francisco call., 1899-05-09

these essential things were lacking. The
alterations were made, as acknoWl-
edged by Clerk Russell, after hearing
his (Ach's) objections before Judge
Murasky and long after the defendant
was arrested The fact of pasting a
clipping from a newspaper on the min
utes giving the ayes and noes was of
no account. He spoke for an hour and
quoted authorities from many States
in the Union to support his argument
that legally, owing TO the manner in
which the minutes were written up,
there was no ordinance.
Prosecuting Attorney Carpenter re-
ferred to- the fact that Clerk Russell
had system of keeping three minute
books, and out of the three all the re-
quirements would be found.
Call in the Jury" said the Judge. AS
soon as the jurors had taken their seats
the Judge continued: L am satisfied
that the order is unconstitutional, as it
was not properly passed, and as the
minutes have been mutilated since the
defendants arrest l shall instruct the
jury TO retire and bring in a verdict of
acquittal"
Prosecuting Attorney Carpenter and
Captain Whitman, who was seated be-
side him. looked at each other in amaze
ment Carpenter slowly rose to his
feet and said: This is a complete sur
prise to me and I would ask for time
to prepare my argument in reply to
my learned friend"
You must do it now," retorted the
Judge. II am satisfied that Attorney
Ach's arguments are right, and again
instruct the jury to retire and bring IN
a verdict of acquittal."
The jury retired and returned IN
minute, the foreman saying that, as
instructed by the Judge, they would
return a verdict of acquittal. They
were then discharged.
Now, your Homer" said Ach, suave-
ly Il will make a motion that the
cases of all the other defendants be dis
missed, as most of them have TO go
East"
The Judge hesitated for a moment
and then said that he would reserve
his decision on the motion until to-day.
Clerk Russell was surprised and
not little indignant when he was
informed of the action taken by JUS
tice Groezinger.
"Such a decision is preposterous,
he said, "and is scarcely worth fur
ther comment. The minutes of the
board are complete in every respect
and show in detail every act of that
body. Not only is this true, but it
is also true that every requirement
of the consolidation act is fully COM
piled with. Even if this were not so
the fact would not invalidate the or
dinance for the reason that the courts
have held time and again that the
legislative body of municipality
need not necessarily follow in detail
the rules of procedure set down by
statute This ordinance was passed
and its passage recorded in the same
manner as has marked the passage
and recording of every ordinance for
the past twenty years. The legality
Of many of these ordinances has been
tested in the highest courts and have
been subjected to the earnest scruti-
ny of the best legal minds in the
State, yet it has remained for JUS
tice of the Peace to make this most
remarkable discovery. 1t is so re-
markable that is is scarcely worth
discussing"
Mayor Phelan was inclined to
treat the matter as joke, though he
declined to discuss it for the reason
that he was not fully advised as to
the legal aspects of the case.
''It is scarcely possible" he said,
"that the contention of Justice
Groezinger is correct, and I do not
think that any one need be concerned
about it. A Police Court is not
court of record, and the decision of
Justice Groezinger stands for no more
than an individual opinion. am in
formed that this question has been
passed upon by the highest courts in
the State and that it has been held
that an ordinance may not be de-
clared invalid on such grounds as are
alleged by Justice Groezinger as
basis for his most remarkable de-
cision."
The members of the Board of Su-
pervisors generally take the same
view of the case as does the Mayor.
They say that if the race track or
dinance is not a law then the city
has no laws. Supervisor Byington ex-
pressed the common mind when he
said: "The courts will hold the or
dinance to be valid, Justice Groezin-
ger to the contrary Notwithstanding
Even in the improbable event that
they should not we cam pass another
ordinance that will be valid, and we
will do so if such action becomes nee
essary. There need be no apprehen-
sion on the score of Justice Groezin-
gers action"
The minutes of the Board of Super-
visors show for themselves the frail
foundation upon which the Justice of
the Peace bases his decision These
minutes indicate with absolute clear
ness the purpose of the Supervisors
and the legality of their action in con-
nection with gambling. and nothing
else is required. The first minutes in
reference to the meeting of March
when the ordinance was passed to
print, are as follows:
Extracts from the minutes of the Board
of Supervisors of the meeting of March
6. 1899 page 81 book 62 of the minutes of
the Board of Supervisors:
Supervisor Perrault submitted an order
to prohibit pool selling bookmaking or
betting on races or other contests he
tween horses on racetracks. or elsewhere
Supervisor Phelps moved for its refer
ence to the Committee on Health and Po-