The San Francisco call., 1909-06-25
.CALHOUN'S MEN
GIVEN PRIMARY
LESSON IN LAW
Agents of the District AttOr-
ney's Office Were Not in
Contempt of Court
Restraining Mandate Not in Eff
feet When United Railroads
Headquarters Were Raided

The last hope of the United Rail-
roads legal array of securing punish
ment from the courts for the agents
OF the district attorneys Office Who,
fortified by search warrants, took from
the railway companys Office last April
papers stolen from Special Agent
Burns safe, was removed for all time
yesterday afternoon in an opinion
handed down by Superior Judge Mu-
rasky, in which it was stated that the
district attorneys office was not and
could not have been in contempt of
court when the gathering up or the
stolen documents was continued after
the restraining order issued by Mu-
rasky had been served.
The judge holds, and supports his
decision by convincing references, that
the restraining order, though issued
Sunday, March 2S, could not become
operative until the next day, when the
complaint upon which the order was
issued was filed in the county clerk 5
office. Therefore, the acts complained
of could not be in contempt. as they
were committed the day before the re-
straining order could be said to
operate.
NOT IN CONTEMPT
Assistant District Attorney James M.
Hanley, Police Detectives George f.
Mulcahy and Arthur T. McQuade and
Burns office employees, Raymond Z.
SCHNEIDER and Walter II. Russell, are
those against whom the contempt pro-
ceedings were directed for they were
active in seizing the stolen papers, pro-
cured through the bribing of men IN
Burns office. All these men are vlndl-
Gated in Murasky's decision, which
makes its ruling on one of the argu-
ments advanced by Hanley at the time
the case was heard. Attorney Metson
presented the railroads view of the
matter, and the case was submitted
JUDGE MURASKY'S DECISION
Murasky in his decision says
Under our procedure no Injunction
or restraining order can nave iorCe
until the complaint upon Whlcn II is
based is fled. Until that time there is
no action pending. If the order had no
validity until the complaint was filed,
and the violation took place betore the
filing. there could be no contempt.
1t appears that after obtaining tis ne
order the attorneys Tor the pIalntliI
went to the home of the county clerk
and there presented to him their Dill
of complaint which he marked hled,
and which, on the following day Mon
day). he deposited in his ONCE. From
the clerks house. the attorneys pro-
ceeded to the offices of the United
Railroads and made service, of the or
der. The order was disobeYed.
Did the presentation of the complaint
to the clerk at his home and its in
dorsement by him constitute a nilnsa ~ az
officer is not sufficient; If the paper p has Is
been left in his office to be filed IT is
necessary. The leaving of the paper
for fling in the proper place, with the
proper officer, is enough.
MUST BE IN OFFICE
1t is not enough, however. to leave
any paper intended to be filed with the
officer at any place but his Office. A
deputy may file paper as well 8 his
principal; and any other rule would
permit the fling of documents at any
place and at any time that deputy
may be found. That this can not be
done. is. determined by the supreme
There having been no complaint
filed, no action was pending in which
a restraining order could issue, until
long after the acts complained of in
this proceeding.
The order to show cause is dis
charged