The San Francisco call., 1899-05-10

from some motive other than cOnVlc-
tion.
1t is fortunate, however, that the evil
of Groezinger's action is only tempo
rary. He has simply saved a few gam
blers from a small punishment, and
when Judge Treadwell is able to resume
his duties will go down to his own
court. His absurd arrogance in assum-
ing to pass judgment upon the consti-
tutionality of the ordinance is not con-
sidered except as a joke. 1t is perhaps
unfortunate that the regularly elected
Police Judges, Mogan and Conlan,
should have transferred all the book
making cases to GrOezinger but 1t has
been suggested that there will be an
election this year, and while Groezinger
will not be an asprant for public favor,
Mogan and Conlan will Under section
2, chapter 2, of the charter it is provided
that Justices of the Peace will hold
office until January 1, 1901. This may
account for the transfer. of the cases.
AS was anticipated, Groezinger yes
tsrday morning dismissed all the other
cases, thirty-one in number of book
makers and others arrested at the Ingle-
side raCetrack for violating the new
ordinance against poolselling. They i'll
cluded the remaining nineteen cases
that were originally on Judge Mogan's
calendar and twelve cases that were
on Judge Conlan's calendar, but which
Groezinger had also agreed to try.
Prosecuting Attorney Carpenter
fought against the dismissal of the
cases, pointing out that they were not
upon that mornings calendar and on
other grounds, but his objections had
no effect upon the acting Judge. Car
penter then consulted Chief Lees and
it was agreed that an appeal on each
case should be taken to the Superior
Court, and Carpenter gave notice to
that effect in court.
When the cases were called Attorney
Ach said that a motion to dismiss had
been taken under advisement, and Car
penter asked what motion. Ach replied
the motion in regard to the racetrack
cases and he read the names of the de-
PENDANTS. Carpenter replied that no
such cases were on that mornings cal
endar and he asked permission to pro-
ceed with his calendar. Ach replied
that the cases were on Mondays calen-
dar.
IHeIe were no SUCH cases Oh the cal
endar yesterday" said Carpenter THE
prosecution in these cases has set them
for trial on different days and 1 insist
on taking them up as they come. l will
state now that there is sufficient evil
dence to convict in each case and the
prosecution is ready for trial"
"A motion to DISMISS" said Ach, 'is
always in order. The motion was made
yesterday without objection. This mat
ter was submitted to your Honor, argu-
ment was made and while some news
papers have, at least one of them"
The Judge interrupted him with the
remark: 1T don't affect me at ALL"
II wish to say" said Carpenter, that
the newspapers are not trying this case
These cases are not at this time before
the court and 1 insist upon them being
taken up in their regular order. There
must be some regularity in the pro-
ceedings in this court, as in every court,
and l see no reason why these cases
should be taken out of their order and
a motion made to dismiss them. How
can the court or counsel know what
the evidence is to be and upon what can
the court base it's action at this time
in entertaining such a motion for dis
missal simply at the request of the de
fendants attorney without any show
ing whatever"
Ach contended that it had been the
practice in the courts ever since their
organization for motions to dismiss al
ways to be in order in any court where
cases were pending, and he was really
surprised at the way counsel was pro-
!, 1.rhy- he
did it.
Il will say" said the Judge, that
since yesterday I took the pains to look
up this law myself-this particular or
der of the Board of Supervisors-"
Carpenter interrupted him by asking:
"Will your Honor permit me to say an
other word? The law under which
these cases are being prosecuted has
been heard and argued in the Superior
Court before one of the Judges and the
question as to the validity of the ordi-
nance is now pending. The decision
may be expected at any time. If ad-
verse to the prosecution dismissal will
necessarily follow. No hardships can
be worked upon the defendants by the
cases taking their regular course and
no reason has been shown here why,
like any other case upon the calendar,
they should not take their regular
course"
Il trust your Honor" said Ach, after
having heard the arguments and looked
up the law yourself, will assume
the responsibilities of your own
position and decide according to
your own judgment as the matter really
is The matter up above is a suit for
an injunction, which can be decided by
his Honor Judge Murasky without
passing upon these propositions so far
as the ordinance is concerned, and, in
addition, Judge Murasky announced
from the bench during the argument
that he could see the very serious OBJ
jections I had advanced against the
order and did not see that it was neces-
sary for him to decide it in order to
decide the case"
ut will be time enough" replied Car
penter, "for the court to assume it's re-
sponsibilities when the facts and cir
cumstances of the exigencies of the case
present themselves. There is nothing
that the court can act upon"