The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-04-07

which am about to do am put IN an
attitude OF interference with Ihe ~
diction of other officers l am IL L. ,i1a-
terested in the aims OF any orsahi
tion, either above or below what Is
commonly called the dead line. b ~.
this court Is interested 10 see Ina' ~
This court feels that in one ~
is responsible for the acts OF ths VI
ficers who practice before IL. .hs
1T is not my desire tos, Sqssi hut /
now direct the sheriff, prosecutlfsas, ,ais
torney and other executive olne, "
that It is the duty 70 stHote 5oins
thew have the right to command the
assistance Of every law-aoluiLS,
zen of this county in accoInp nls1aa :
this end do not desire re 10 of gse of
this court to deal with trivial onsnss'
but to administer a reasonable ehAotCv
ment of the laws in this county; LIZ s
peace officer who is guilty OF uei ~
ton OF duty is as dangerous 20 nv
community as the men VINO are tn I'm
selves criminal in the eyes OF the io"
This court VII take ss,s as sor lho of short
coming as he win in inflicung sen
tence upon the lowest type Oh - IN
inal. l assume that In TINS nia ~
l will have the support OF every -.
II direct that both the constable and
deputy sheriff see to 1t that the sain
bling property now stored in the Dase
ment OF this court house is assenloleu
into a pile and burned upon me NJ, M
adjoining, and in plain sisht o. ~
court house The prosecuting d; ~ AZ
may draw an order covering It's ue-
struction."
why the order Was Made.
When questioned last night concernins
his reasons for making the ORDER TO ae'
stroy the property, Judge Benson saiu
81 was moved to make the order Tor th'
reason that | believed an EFFORT was pc
ing made to trifie with the courts 1h'
gamblers were convicted in justice eour'
and fined, the property was ordered re-
moved from the court house, where II NAG
very properly been stored, and ! was afraic
that an effort would be made TO restore
it to the gamblers
II realize that the cases against tht
gamblers were not in my court, put
believe that an emergency existed whici
called for my interference. / believe 1t II
my duty as a sworn judicial of1cer TO see
that ali the laws of this state are properly
enforced. The law provides that whef
gambling apparatus is found under pro
cess of a court it shall be destroyed. There
fore l ordered the sheriff TO give all pos
sible assistance TO Constable Nelson, wht
has charge of the apparatus, in its de
struction.
Il want to say" continued Judge Ben
SON. that in enforcing the law | shall
not confine myself to the law agains
gambling. Violation Of all law is becom
ing too open in this county and l pur
pose, so far as it lies in my power, Il
see that the flaws of the state are rigidlN
adhered to. and TO accomplish that pur
pose | propose to hold the officers of thu
county to the strict line of their duty"
Justice Austin Surprised.
Justice Austin, whose order to remove
the gambling apparatus from the cour
house to a warehouse precIpitated the or
der of Judge Benson, expressed some sur
prise at the turn events had taken. Jus
tice Austin declared he had never had an,
other intention than to order the destruc
ton of the property.
Prosecuting Attorney McElroy, in givinI
his views on the question, said; ut Il
the duty of my Office to see that the Law
is enforced. l have not of my own mo
ton heretofore interfered with gambling
because / believed its regulation was with
in the province OF the city government
Of which | am not a part, but l shall
most cheerfully cooperate with the cour
in each and every effort to uphold tn
law"
The estimated value of the gambling
tools which Judge Benson purposes 4
have destroyed is placed at s2,4oo by tn
gamblers II was limited last night tina
Judge Benson might be served with TEN
porary writ of prohibition from the su
preme court to prevent the destruction o
the property. None of the supreme Judge
was in the city last night. and II applica
ton for such writ be made, II will b
necessary for the gamblers attorneys Z