The San Francisco call., 1904-12-17
CHINESE IGNORE
COMMISSIONERS
Refuse to Answer Summons
of Police Board on the
Advice of Their Attorney
QUESTION AUTHORITY
Asiatic Keepers of Gambling
Places Declare They Cannot
Be Compelled to Testify

The right of the Board Of Police Com
missioners to proceed with its invest1-
cation Of the charges of bribery in
Chinatown was put in issue in an un-
looked for manner yesterday. Its effect
was swift, and after a whispered con-
sultation the members of the board de-
cided that it was best not to press the
question too far without looking the
ground over thoroughly, and an ad
journment until next Wednesday even
ing, the regular meeting night of the
board was abruptly ordered.
When the commission met yesterday
afternoon to proceed with the hearing
of the bribery case Sergeant of Police
Jesse Cook was directed to serve sub
penas on Chin Kim You and Chin
Buck Guy. keepers of gambling places
at $40 and 8201a Washington street, the
raid of which places by Commissioner
Hutton resulted in the present investi-
cation. Cook found the two Chinese
without difficulty. and under authority
of the subpenas informed them that he
would forthwith remove them before
the commission to testify.
The Chinese ruled differently, how
ever. They demanded the right to tele-
phone to Attorney George d. Collins,
their legal representative, for instruc-
tions. Sergeant Cook saved them this
trouble by telephoning himself to Col
Inns, informing him of the situation.
I'm the first place the Police Commits
sion has no authority to issue subpe-
mas" said Collins to Cook over the tel
ephone, and in the second place you
have no right to remove these men be-
fore the commission even if the sub
penas were authoritative. II you re-
move the Chinese from their places I
will swear out a warrant for your ar
rest for false Imprisonment of my cli-
ents, and will also demand the arrest
of the entire commission on the same
charge l have instructed my clients
not to testify before the commission in
this matter, and trouble will be avoided
if you convey my message to the COM
mission"
Sergeant Cook called a policeman to
keep an eye on the Chinese and hur-
ried to the rooms of the Police Commits
sion, where he laid the situation before
them in whispers. The commission,
Chief Whitman and Sergeant Cook
continued their whispered consultation
for some minutes, and then Hutton
abruptly said, The commission stands
adjourned until next Wednesday night.
1t was apparent that the Chinese
had won their point but how the spec
tators did not know. AS soon as the
meeting adjourned Commissioner How
ell called on Attorney Collins for
further explanation of the stand he
had taken regarding the subpenas.
1T is my contention" said Collins
to Howell, that the Police Commission
has no power to enforce recognition of
a subpoena. In my opinion the Police
Commission has no power to punish for
contempt for such disobedience of its
mandate; that 1t is a body of form
only and is without substance. I have
now brought this question to an is
sue. II you assume that you have such
power you may cite me or one of my
clients for contempt and we will carry
the question TO a decision.
Granting, however, that the Police
Commission has the power to compel
attendance at investigation regularly
conducted, it would have no such pow
er in the present case, for the board is
not proceeding legally. 1t must first
make specific charges of bribery
against some member of the depart
ment and then disclose facts as they
may exist at the trial of the accused.
In any event 1 shall instruct my clients
to continue to disobey your subpenas.
and / am confident that l will be up
held if the question goes to the courts
for decision
Howell made no attempt to break
down the force of this argument and in
consequence much interest attaches to
the rext meeting of the board. when it
will define it's stand on the issue thus
raised.