Los Angeles herald., 1908-04-07
RUFF CASE IS
IN LOS ANGELES
STATE SUPREME COURT TO
DECIDE UPON MOTION
CLAIMED JUDGE pooLING is
PREJuplcED
Busy Opening Day for Chief Justice
Beatty and His Compeers-Ex-
pected to Finish Next
Friday

Among the cases coming before the
state supreme court, which opened its
sc ssions for the April term at the Bull
lard block yesterday afternoon at 2
p. m. is an application for writ OF
mandate and writ of prohibition from
Henry Ach, attorney for Abe Ruef
of San Francisco, to prevent Judge
Dooling from sitting on the cases to
be brought against Ruef.
The contention is that Judge Dooling
may be prejudiced, since he is MEM
Der of the Native Sons of the Golden
West, and as such sought to have Ruef
expelled from that organization.
This the prosecution denies, stating
that Dooling had nothing to do with
Ruefs expulsion from that order and
that the former is accordingly proper
judge to hear the case.
Since there was no session of the
supreme court after the filing of these
writs with that body at San Francisco
three days ago, no action has been
taken on the point yet, but decision
is expected during the present week.
Yesterday was the busiest day the
court has had for some time, there
being eighteen cases presented to the
court.
Two Justices Expected Today
w. H. Beatty, chief justice, presided
over the sessions, while Lucien Shaw,
T.. NJ Angellotti, c. M. Sloss and W. G.
Lorigan also officiated.
Justices r. B. Mcfarland and f. w.
Henshaw are expected to arrive today.
Yesterday was motion day, but out
side of this regular work memorial
was presented by Attorney j. H.
Shankland in the memory of Will A.
Harris Esq, deceased. This memorial
was from the Los Angeles Bar asso-
citation.
In the case of James McNair pc
titioner, VS.. the superior court of the
county of Imperial, a petition for writ
OF mandamus, the writ was ordered
discharged.
In the criminal case No. 1852, ex
parte. Joseph Young, on habeas corpus,
a petition for writ of habeas corpus,
from ten to fifteen days were given to
file brief.
State Court Is Upheld
Thomas Ross Cooley VS.. Miller &
Lux, on motion to dismiss appeal,
writ of mandate from the United States
supreme court was received, John M.
York presenting the mandate. This
was ordered spread on the minutes of
the court. The mandate sustains the
decision of the California state supreme
court, 1t being ordered by the higher
tribunal that the writ of error in this
cause be dismissed for want of juris-
diction.
Annie F. Stanford VS.. Charles G.
Lathrop, a motion to dismiss appeal,
the appeal was ordered dismissed.
Rubio Canyon Land and Water as
ISOLATION VS.. Torrey Everett, motion
to dismiss appeal; on motion of J. r.
Scott motion ordered continued to de-
partment one, April 8.
Estate of Helen Peabody, deceased,
motion to dismiss appeal; motion de-
MED.
Higgins Estate Considered
Estate of Hiram Higgins, deceased,
motion Of Emma C. Higgins to dismiss
appeal of Rand; continued to October
term as per stipulation.
Estate of Hiram Higgins, deceased,
motion of w. R. Higgins to dismiss
appeal of Rand; continued to October
term as per stipulation.
Estate of Hiram Higgins, deceased.
motion of Emma c. Higgins to dismiss
appeal of Phelps; appeal ordered dis
missed.
S. H. Pearson VS.. M. NJ. Potter COM
pany, motion to transfer cause; motion
ordered denied.
Avis Heitman VS.. Pacific Electric
Railway company, motion to dismiss
appeal; motion is ordered off calendar
Arroyo Ditch and Water company VS..
E. ]. Nucky) Baldwin, motion to dis
miss appeal; appeal from judgment
dismissed and appeal from order of
motion denied and twenty days al
lowed to file briefs
F. E. Proud VS.. Thomas Strain, mo-
ton to dismiss appeal; motion ordered
denied.
William Niles VS.. Lillian L. Con-
zales, motion to dismiss appeal; or
dered withdrawn.
Mrs. M. M. Allen VS.. Lesbia " "
Haynes, motion to dismiss appeal;
twenty and fifteen days for briefs.
Other Cases Presented
Kate M. Bell ct AL, plaintiffs and
appellants, VS.. San Francisco Savings
Union ct al, defendants and respon-
dents, and Teresa Bell defendant and
appellant, motion to recall remittitur;
motion denied.
In the matter of the estate of George
S McPhee, deceased, j. S. Corrigan,
administrator, VS.. Alta McPhee, mo-
ton to dismiss appeal: fifteen and ten
days to file briefs when motion is to
be submitted.
E. L. Allen VS.. c. T. Pepper, motion
to dismiss appeal; appeal ordered dis
missed.
The court was adjourned yesterday
afternoon until 10 o'clock this morn
ing. The supreme court is expected
to close its sessions in Los Angeles
Friday, April 10.
MAY CREATE 0EEIcE 0E