The San Francisco call., 1904-04-19

V. Meyers, State Commissioner Of La
Dor, that official and Judge Mogan en-
gagged in quite an interesting contro-
versy and the court won most Of the
honors.
W. #. Unfred and F. W. Bell, propri-
etors Of a metal polishing factory at q
Jessie street, were arrested on April
and charged with violating the statute
which makes 1t compulsory to have the
health OF the machinists employed in
such establishments protected by de-
vices which carry OF the metal dust
that otherwise might enter the lungs OF
the workmen. Judge Mogan then told
the defendants that 1t was their duty
TO comply with the law in that respect
and they promised TO do so, pleading
that they had not already done so be-
cause the devices interfered with the
proper working OF the machinery. At
the same time the Deputy Labor Com
missioner who had made the arrests
was instructed to see that the courts
order was carried out and to report
yesterday the Judge was informed that
the deputy had been told by Meyers to
pay no attention to the courts in
struction.
Did you say that?" inquired the
Judge. sharply. addressing Meyers.
We'll, not exactly" was the reply
II may have said something like that
because 1 considered our duty of in
spection finished when the arrests were
made. We are State officers"
You are public servants" declared
his Honor. and as such ii is your duty
TO press to a conclusion any case you
may commence. 1 have noticed that
your demeanor in this court has been
discourteous to say the least, and de-
sire to have you understand that no
contempt win be permitted.
'Discourtesy has been shown me-
argued Meyers.
You are discourteous now, else you
would not remain seated whilekyou are
addressing this court" said the Judge.
Attorneys and others who are just as
good as you are do not assume an ar
rogant or disrespectful attitude while
they are addressing this court"
Meyers, who had been seated
throughout the discussion, moved un-
easily in his chair, but said nothing,
and the Judge saved him from further
embarrassment by ordering the cases
dismissed.
Continued pickering in the family OF
Prosper Viencke eliminated in his
arrest, on complaint Of his wife.
alleging battery. and when the
case was called before Judge Fritz it
was set over from time to time at re-
quest OF one or other of the contending
attorneys, the apparent purpose being
TO effect a settlement out of court. That
this was finally done came to light yes
terday. and that it did not result as
satisfactorily as the defendant desired
was also disclosed.
Counsel for the defense asked for
dismissal on the ground that since the
case was started the parties have been
divorced, and that the husband had
transferred to the wife half of the
community property. The Judge said
that the subsequent divorce did not
wipe out the battery charge, and that
he must find the defendant guilty..
Then the attorney pleaded that one of
the conditions Of settlement out of
court was that the battery charge
would be dismissed, and when the
Judge sharply inquired by what au-
thority such condition had been pro-
posed the attorney answered that his
client had been so assured by the legal
luminary on the other side. The latter
was called to the bench and asked if
he had ever given such assurance, and.
if so, by what right had he undertaken
to usurp the prerogatives of the Judge.
He denied the accusation, but the other
lawyer stuck to it, and the defendant.
too, declared il was true. There the
matter was allowed to rest
Viencke will be sentenced to-day.
Thomas White and Max Peters were
walking along Kearny street about 2
o'clock yesterday morning, and while
passing a soberly clad stranger one
Of them uttered the word damn -
which so shocked the stranger that he
stopped the young men and began de-
livering a vehement exhortation on the
sin Of profanity. Instead of giving a
respectful hearing TO the homily Mr..
White and Mr.. Peters interrupted it
by fippantly chiding it's author for
rbutting in" where he was not wanted:
and their irreverent remarks so exas-
perated the stranger that he expressed
n wish that they would be damned.
Then they laughed AT him until he
l.