The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-03-19
Attorney Asks the Court for License Permitting the Pool
sellers TO Continue Their Predatory Occupation.

proceedings are palpably an attempt to
tie the hands of the police-a most re-
markable proceeding to prevent the ponce
doing their sworn duty The District
Attorney further argued that the Pacific
Coast Jockey Club had no right to move
to vacate the modified Injunction, stating
that the modification was in fact and eff
feet an absolute abrogation of the orig
inal Injunction. All the plaintiff could
now do is to ask for new Injunction,
which, he added. would be promptly and
vigorously contested.
The application of counsel for the po
lice for time to prepare and file affidaVits
to dismiss the modified order was bitterly
objected to by Attorney Ach. He drew a
pitiful picture Of large and vicious body
OF police forcibly entering the private
pleasure ground of a legitimate corpora
ton and devastating the property, fright
ening away the patrons and admirers of
an ennobling sport and otherwise invad-
ing the rights of property and liberty
guaranteed to every Individual by, the
DECLARATION of Independence. The acts
of the police, headed by Chief Lees, the
principal defendant in this case. he con-
tended, were violent trespass, without
any warrant in law. At the conclusion of
Lawyer Ach's outburst Attorney McEn-
erney had an inning. He said:
I'VE propose to show by afffidayits that
crime was being committed within the
IngleSide Enclosure, and also that the po-
lice were not there to and did not inter-
fere with the usual course of the horse
We're there for the sole purpose of pre-
venting crime. They molested none but
formed their sworn duty in taking prop
erty which was evidence of such infrac-
ton of the law as was committed We have
the right to file such aff1davits, and the
court must grant US reasonable time in
which to prepare them.
THE plaintiffs complaint continued
Mr.. McEnerney, alleges that the police
were guilty Of trespass, that they en-
tered and drove patrons from the race
track, and upon this complaint Judge
Daingerfield issued the original injunction
preventing the police from entering the
Ingleside grounds unless they paid the
regular admission fee, and further for
place. Upon application made by the de-
PENDANTS Judge Daingerfield modified that
officers, believe a public offense is being
committed, and then you are authorized
to enter
"In our opinion the original Injunction
Enerney, land we were prepared to in
struct the Chief of Police to proceed and
not the modification been granted. The
police did not, as alleged in the plain
tiffs' complaint, intend to remove or de-
stroy property, but simpl'' to take any
property used in an offense, to be i'm
pounded as evidence. This privilege was
also granted in the modification Of the in
junction.
ITO say the police shall not enter
racetrack without due process of law is
extremely vague and uncertain, 1t being
in the discretion of any gatekeeper to
interpret what is due process. of law.
This injunction was obtained, 1t is OBJ
yious, without due process of law and
for the reason that with the plaintiffs
connfvance, procurement and consent IL
legal acts were sought to be protected.
The plaintin was intercepted in the COM
mission of crime and in defiance of the
law now chooses to come into court with
unclean hands and ask equitable relief
at the hands of the chancellor"
81 may be dull of comprehension said
Attorney Ach, in answer, but 1 don't I'M
derstand counsers argument. Let these
men arrest parties they claim are vio-
lating the law and we will meet them on
that issue. If the Chief believes he has
the right to march into plaintiffs place
of business because he believes q law
Is being violated he has right to march
his men down into the Grand Opera
House if he hears that some one may
commit battery on a man therein, and in
consequence clean out the house. The
acts of the police are in violation Of
every principle of liberty"
At this point the argument went over
till 8 p m. When court reconvened the
peoples attorneys filed with the clerk an
answer TO the Jockey Clubs complaint.