Los Angeles herald., 1906-01-27
HUMANE SOCIETY
OPENS TEST CASE
PASADENA BRICK MEN CHARGE
CONSPIRACY
AIIeae That Huntington interests Are
Using Humane Society as Club
to Secure Needed Real
Estate
Pasadena Agency,
II North Raymond Avenue
Telephone Main 1147.


PASADENA, Jan. ga battle royal
IA on between the Pasadena Humane
society and the Simons Brick company
which threatens to exceed in bitter
ness anything this city has yet seen In
that line.
Last evening Humane Officer 0herwin
made the arrest of Fritz Westphal,
driver for the Simons Brick company.
on the charge OF driving q team of
horses with too large q load of brick
behind them. The man was taken be-
fore Justice Congdon this morning and
held under $50 bonds to appear in court
February 1. Today the same officer ar
rested Walter Simons, one Of the prop
rietors, and William Swltzer, the fore
man, on the same charge, their hearing
being set for the same day and both
being released on their own recogniz-
ance.
This is the setting for the contest
which threatens to bring many promi-
nent and reputable citizens into court
and to cause the spending Of a great
deal Of money before the matter is
finally settled in the court Of last re-
sort.
This afternoon the two Simons broth
ers. Joseph Simons of Los Angeles and
Walter Simons Of this city, gathered
together representatives of the press,
veterinary surgeons and other promi-
nent citizens and carried the party by
automobiles to the Oak Knoll tract
adjoining the Simons brick yards,
where a great force of men and teams
are engaged in grading. and made a
thorough inspection of the animals
there employed.
AIIege Persecution
Photographs were taken of certain
of the animals, the hospital sheds visit
ed and the drivers questioned.
Following this inspection Joseph
Simons called upon Lloyd Macy, who
is a director in the Pasadena Humane
the Stats and Huntington interests in
preparing the tract for the market,
demanding that the persons responsible
for the alleged diSgraceful condition of
some eighteen of the mules on the job
be hailed before the local courts for
punishment.
w. A. Gillette, the representative of
the Humane society in South Pasadena
and representing the capitalists in SUI
pervising the work being done here,
was also called to look at some of the
animals. Both of these men were di-
rectly charged by Mr.. Simons with be-
ing responsible for any I'll treatment
which might be apparent there, but
neither gentleman would give ear to
the criticism made upon their methods.
Both of the Simons brothers charge
that the present cases against them are
in the nature of malicious persecution
because they stand in the way of the
projected improvements that Stats
Huntington interests are desirous of
making. They assert that Mr.. Macy,
for these capitalists, recently offered
$4,000 for the Simons Brick company's
property and that when his offer was
laughed at intimated that he was going
to run them out of business.
Officers Are Determined
The Simons claim that they have
over $4,000 invested at these yards in
addition to the ground and refuse to be
run out by anybody, big or little. Some
time ago Walter Simons was arrested
by the local humane society's officer
for alleged overlooking their horses
and in Justice Congon's court fined $3.50.
Another arrest cost Simons driver $50,
and the brothers are extremely bitter
over their treatment.
They have retained Attorney Elmer
I. Moody and assert that they will put
up any amount of money to secure
their rights in the present controversy.
ihtJ WI n6Ah dSdlnSI
and will carry the battle into the
Huntington camp accord
ing to the line laid down in their in
Vestigation described above.
On the other hand the officers of the
humane society are equally determined,
and in the words of officer Sherwin
will make the case test case to de-
termine whether teams can be over
loaded or not without punishment"
Mr.. Sherwin told The Herald this even
ing that he made the present arrests
after mature deliberation and without
consultation with Mr.. Macy; that the
S.mons firm have been repeatedly
warned and that he had called Messrs.
Macy and Gillette as witnesses when
he made the arrest over which the
trouble has arisen.
Case a Difficult Ono
He says that on January % westphaI
was driving a team of small horses,
neither weighing over 1900 pounds. and
hauling a. load of brick weighing with
the wagon $500 pounds and over muddy
roads; that the horses were almost ex-
hausted and one Of them in bad con-
dition. When questioned about the
affair Mr.. Gillette stated that in his
opinion the horses were drawing too
heavy load for the roads as they were
then but that he would not have made
the arrest.
Referring TO the animals in use by
the graders at the Oak Knoll tract Mr..