Los Angeles herald., 1909-07-09
FORGERY KNOWN
BUT OFFICIALS
PASS THE BLAME
FLAGRANT VIOLATION OF LAW
GOES UNPUBLISHED
LEGAL HEADS OF COUNTY End
CITY PASS THE BUCK
City Clerk Lelande Gives His Version,
but Law Plainly Shows What
Steps Should Have Been
Taken

the return or the petition
X for the extension of the
~ wholesale liquor zone, the
criminals who forged names to
this petition have been allowed
to escape.
There has been fragrant viola
ton of the law.
City and county officials yes
terday denied the obligation to
act in the matter. Today they
deny responsibility for the escape
of the criminals.
This is what they say about it:
City Attorney Hewitt: when
I left City Clerk Lelande it was
with the idea that I would look
into the point in question, and l
didn't expect him to return the
petition until he had heard from
me further"
City Clerk Harry J. Lelande:
"I returned the petition on the
advice of John Shenk, assistant
city attorney. l called the at
tention of Mr.. Shenk to the If
regularities contained in the petit
ton and declared / would like to
make an example of some of
those who had committed the un-
lawful acts"
Assistant City Attorney Shenk:
"I do not recall that Mr.. Lelande
made any remark concerning
criminal prosecution of those re-
sponsible for the irregularities in
connection with the wholesale
liquor zone petition"
District Attorney Fredericks:
"If the matter of forgeries and
perjury in connection with petit
tions presented to the city clerk
had been brought to my attention,
either by a private citizen or by
a city official, I would have acted
promptly in the matter"
Mr.. shenk says the only advice he
gave in connection with the matter
was as to whether or not certain names
appearing on the petition should be ac-
cepted as valid and to correct the GER
tificate of rejection, made by Mr.. Le-
lande himself. He states further that
Mr.. Lelande did not mention any crlm-
ina1 irregularities except that several
names aDpeared to have been written
in the same handwriting. On this mat
ter. he SAYS, he advised Mr.. Lelande IL
would be proper for him to investigate
and determine if this was true.
CITY Attorney Hewitt says he advised
Mr.. ielande to hold the petition until
the matter of forgeries and perjuries
in connection with 1t could be more
fully gone into.
Mr.. Lelande says Mr.. Hewitt said no
such thing, or In fact anything else In
reference to the petition, although he
called his attention to the forgerles
while on a trip to San Pedro.
Either some one has erred or there
is a general misunderstanding among
the city officials.
Mr.. Lelande said yesterday that he
returned the petition because he be-
lieved he was acting on the advice or
Mr.. Shenk, the assistant city attorney,
in doing so.
Wished to Make Example
"Mr. Shenk told me the charter re-
uuired that 1 must return the petition
without prejudice, and L supposed his
same thing as declaring it would be
unwise to take up the question of Grim
inaI prosecutions against some OF FH"@H
men, although / would have been t-n
to have made an example or some H-s
added the city clerk.
The charter does require the raturn
of the petition without prejudice but
the without prejudice" refers only 10
the filing of a new petition affe ting
the same subject. The exact words or
the charter on this matter are con
tanned in article 19, second 1854, and
read as follows:
| 'If, by the clerks certificate, the pc
| tition is shown to be insufficient, it may
be amended within ten days from the
| date of said certificate. The clerk
shall, within ten days after such
amendment, make like examinatirl OF
| the amended petition ana II his ct III
| cate shall show the same TO be insult
| fcient it shall be returned to the per-
son filing the same, without prejudice,
however, to the fling of new petition
to the same effect"
There is nothing in this section or
any other section affecting the initi-
ative, under which the petition was
filed, requiring the return of the petit
ton on demand or request" AS far
as the charter provision is concerned,
the petition might have been kept for
an Indefinite period, and the evidence it
contained of forgery and perjury have
been used against those guilty of these
felonieS.
Nearly All Faulty
Although there were a largo number
OF sections of this petition, there was
scarcely one that did not contain some
Irregularities CT a criminal or careless
nature. Some of the ah.davits were
taken by notaries who attested that
certain persons had subscribed and
sworn to afidavits before them who
had never been near the notaries.
This, in itself, is sufficient cause for
Continued Page Threel