The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-03-30
Murasky T axes Case
Under Amusement.
NIGHT SESSION OF COURT
PROMISES TO RENDER A DECIS-
ION SATURDAY.
Will Rule Whether the Police Can Be
Debarred From Entering the
Grounds at Ingleside
Without Warrants.

The question whether Chief Lees and
the officers under his command shall be
debarred from entering the grounds OF
the Pacific Coast Jockey Club at Ingle-
side to enforce the anti-poolselling ordin-
ance passed by the Board of Supervisors
on March 10 now rests largely upon the
decision of Superior Judge Murasky in
the injunction proceedings instituted by
the racing association. The case was sub
mitted to the court at 1890 last night,
after arguments extending over three
days, and d decision will be rendered Sat
urday, covering all the points at issue.
The court has three motions under adj
Yisement-frSt the motion of the Jockey
Club to set aside the modification fudge
Daingerfield's injunction and to restore
the original Injunction; second, the mo-
ton of the respondents for the dlssoiu-
ton of the original injunction, and the
motion of the respondents to set the case
for trial. The granting of the first would
act to restrain the police from entering
the racetrack grounds for the purpose OF
securing evidence of violation of the or
dinance or making arrests of bookmakers
and their employees except on warrants.
The second would leave matters as at
present so far as the interference with
the authority of the police is concerned
temporarily and the third would bring
the entire matter into court for maj de-
cision on the merits of the entire con-
appeal TO the Supreme Court.
The arguments have been exhaustive
on both sides, the case of the respon-
| dents being ably presented by Attorney
Carrot McEnerney and District Attorney
Murphy, while the racing association
was represented by Attorney Ach. The
latter made the opening argument and
Mr. McEnerney followed, concluding his
argument Tuesday afternoon.
Argument on behalf of the respondents
| was resumed yesterday at $3.50 a. m. by
District Attorney Murphy, who con-
! sumed an hour in citing additional au-
| thOrities and presenting further reasons
| why the court should refuse the petition
| of the racing association TO set ASIDE the
modification of the injunction: Judge
| Murphy's argument was along the same
lines as that of Carrot McEnerney, who
| preceded him and whose conclusions IN
! the premises he unqualfhedly lndoDsed,
being a contention of the absolute legal
right of the police TO enter the grounds
of the plaintiff, with or without their
consent, for the purpose OF preventing
the commission of crime, whenever they
had good reason to believe that VIOLA
ton of the law was being committed
therein, and taking the ground that the
authority of a court of equity could not
successfully be invoked to protecf IaWr
breakers from the consequences OF tnelr
misdeeds or restrain the police from FOR
chile interference to prevent the commas
The District Attorney said the police
disavowed any intention or desire to- IN
| terfere with the corporation IN the exer,
Chief Lees and his SubOrdinateS had not
attempted to interfere with the racing or
horses at the track, but only to prevent
the selling of pools on the races ana TO
arrest those engaged in so doing. In this
they had acted within their authority, as
poolselling had been declared a mlsdeee
meanor by the Board of Supervisors of
the city and county of San Francisco in
the legal exercise of its legislative power.
He placed the Pacific Coast Jockey Club
on the same plane with the bookmakers,
inasmuch as it had sold the latter the
privilege of doing business at the race
track, and had by so doing placed itself
in the position of an accomplice in the
violation of the law. He declared that
the principle that a mans house Is his
castle had no application in the case of
the racing ASSOCIATIONS grounds, as the
latter was a place of public resort, and
as such was subject to the supervision
of the police power of the city and county
that order might be preserved and the
welfare of the community be conserved.
Il hold that the police have the legal
right to enter any theater or hall or other
place where public gatherings are held
for the purpose of guarding against the
WT T If fhs laws Of the
public place and subject to the police
regulations of the city. The public is in
vited to gather there to witness contests
of speed between horses and any person
is freely admitted to the grounds without
question on the payment of an admission
fee. 1t would be q strange condition of
affairs If the officers of the law alone were
to be debarred from entering the grounds
because the proprietors of the racetrack
objected to their possible interference
with the unlawful practice of gambling
conducted by the bookmakers with
their sanction and Endorsement. l ask the
court if the police are to be prohibited
from entering public resorts where all
other citizens are freely admitted, not
withstanding they have reliable Informal
ton that a crime is being or is about to
be committed therein?
''I ask further, VIII this court hold that
an arrest cannot be made until after a
been committed bc
police officers of this city no authority
to arrest man when they have reliable
information that he is about to commit
a crime without warrant?
Suppose the dead walls of this city
were placarded with the announcement
that an indecent performance was to be
given in a certain hall or theater and
the Chief of Police should send a force
of officers to the place for the purpose of
preventing a violation of the laws and the
proprietor of the hall or theater should
object to their entrance-would the court
hold that they had no right under the
law to enter regardless of his objections
II understand there has been filed here
by the plaintiffs an affidavit that there
since the anti-gamblng ordinance was
passed. We have the aff1davits of Chief
of Police Lees; Captain Whitman and Cap
case, to the effect that the selling of
pools has been carried on at the track
in their presence, openly and flagrantly,
on at least two occasions since the pass
age of that ordinance. The Police De-
partment is in duty bound to enforce the
observance Of the laws of the CITY and
State and its usefulness would be serious
~ impaired if the Chief of Police and
his subordinates should be restrained
from the exercise of their official func-
tons, as is contemplated by the original
Injunction in this case
Al the conclusion of the District Attor-
ney's argument proceedings were con-
tinued until 1880 p. m.
When court reconvened in the evening
Attorney Ach began his closing argI2
ment without loss of time. He took ex-
ceptions to the statements of opposing
counsel that the parties applying to a
court of equity for relief must come in
to court with clean hands"
Our hands are clean" he declared.
mitted no crime and has violated no ord
nance or law of the city or State 1t
has a charter and a franchise from the
State of California to conduct racing
contests in the city and county Of San !
Days of the Horse Numbered
The greatest electrician in the world declares
that the days of the horse are numbered. and |