The San Francisco call., 1899-05-09
DOGBERRY OUTCLASSED.

I'M March 6, 1900, in response to general pub
| Ilic demand which had been argumentatively
- and illustratively enforced in the columns OF
The Call, Supervisor Perraut submitted to the Board
Of Supervisors an order prohibit poolselng, book
making and betting within this municipality.
The order, numbered ia, was passed for printing,
and on March 13, 1909, it was adopted by the board
and signed by the Mayor All the proceedings cor
responded with the steady practice under the careful
supervision OF Clerk Russell for twenty years. SINH
lar orders have stood every test that the ingenuity or
the learning of the bar could invent or suggest.
For violation of this order H l. Jones ar
rested He demanded jury trial. disagreement
occurred before Police Judge Mogan. The second
trial was completed yesterday in Judge Treadwe's
department of the Police Court but owing to his sick
ness before Justice OF the Peace Groezinger. Henry
Ach, counsel for the defendants in this and in
Der of similar cases pending in the tribunal at
tackled the order upon the ground that the minutes
OF the Board of Supervisors in which the proceedings
from its Introduction up and including its passage
were recorded, detective In four particulars:
First because they did show the regularity of the
meetings; second because they did not disclose the
presence or the absence OF quorum; third because
the ayes and not fully inscribed and fourth
because the fact OF publication was not explicitly
stated
Alter refusing to allow Prosecuting Attorney Car
penter time to prepare an to the argument and
the citations OF Mr Ach Justice of the Peace Groez-
niger directed the Jury to acquit, the astonishing
ground that the nformalties alleged for the defense
rendered the order unconstitutional His Ian
guage ought to be preserved:
Il am satisfied that the order was unconstitutional,
as it not properly passed. The minutes have
been mutilated since the defendants arrest, and
shall instruct the jury retire and bring in verdict
OF acquittal"
The mutilaton referred to consisted Of some addi-
tons to the records, in no way affecting its original
suiciency, which made by Clerk Russell to meet
imsy and technical objections presented by Mr. Ach
in the argument OF the civil suit for an injunction
before Judge Murasky in which, as we understand the
facts, the decision exactly the reverse of yester-
days ruling.
The efficiency and the detailed exacttude of Mr.
Russell have been household words in San Francisco
for quarter OF century II order 174 was void then
the presumption is that municipal legislation for
that period is also unconstitutional" But the touts
the gamblers, the combined parasites OF the racetrack
who have sucked the blood of the community and
generated crime, immortality and ruin to an unbear-
able degree can derive no encouragement from this
absurd decision 1t possesses no authority and will
inspire both popular and professional contempt.
In the enactment of order IA every requirement Of
the Consolidation Act, its amendments and its sup
plements, was fully met Even though its recorded
history defective, which it not its regularity
would have been presumed by any competent judicial
officer. Section 1913, subdivision s. section 1920 and
section 1908 subdivision IS OF the Code OF Civil Pro-
cedure which deal with the subject applied and
interpreted in the OF the County OF San Diego VS.
Sefert, reported in volume o. OF the California Re
ports, page 500, which involves analogous ques-
ton. This is only one authority. But there many
and later pertinent which it is not within the
province OF a newspaper to collate. We will venture
to predict that by any court which is competent de
clare the law the charge OF Justice OF the Peace Groez
niger would be regarded as a compound of the gro
tesque absurdity and puerle dogmatsm Of the Bunsby
tribunal and Mr.. Justice Dogberry
The power OF the Board OF Supervisors to prohibit
the illegtmae practices at Ingleside and in the pool
rooms cannot be successfully questioned If the pres
ent order void it could be readily and it would
be promptly reenacted The crusade for decency will
proceed with unabated vigor in spite Of the wholesale
dsmssals that Judge Groezinger contemplates to-
day, and will certainly succeed