The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1911-06-29

following endorsement: Witnesses to
the. offense: Elliott McCloslyey, A S.
Kelly, c. P. Bobe, J. F. Davis, Scott M.
Loftin. John P. Stokes. Whereupon
your petitioner demanded that said
justice of the peace issue a warrant of
arrest for the said John G. Oliver COM
handing the sheriff or any constable of
said Escambia county to arrest the
said John G. Oliver and to bring the
said Oliver before said justice of the
peace to be dealt with according to
law;
That the said r. L. Nickelsen was on
the oath day of June, A. D. 1911, and
has since been, and still is the Justice
of the peace in and for the said Second
district of Escambia county, state of
Florida, and as such justice of the
peace had and now has, Jurisdiction to
issue the warrant demanded by your
petitioner, and it was, and still is, his
plain ministerial duty to issue said
warrant commanding the sheriff or any
constable of said Escambia county to
arrest the said John G. Oliver and to
bring him, the said Oliver, before the
said justice of the peace to be dealt
with according to law;
That the said r. L. Nickelsen, Jus
tiee of the peace as aforesaid, unmind-
ful of and wholly neglecting to perform
his duty in the premises refused to en-
terrain or exercise his lawful jurisdic-
ton in the said cause, and refused
and declined, and still refuses, to issue
the warrant demanded by your petit
toner, or to take jurisdiction of the
said cause, or to examine your petit
toner as the complaining witness, or
to examine the witnesses Endorsed on
said affidavit on the, ground stated by
him, the said justice of the peace, that
the act of the legislature of the state
81 HN.n III Ill
er's af1davtt was made, to-wit: the act
approved June 5, A. D. 1905, entitled
An Act to Prohibit Certain Games on
Sunday, had been superseded and re-
pealed within the corporate limits of
the city of Pensacola, Escambia coun-
ty, Florida, and particularly within the
enclosed lands where the said John G..
Oliver engaged in said game of base
ball, by an ordinance of the said city of
Pensacola which authorized the play
ing of baseball on Sunday within said
enclosure; and that in his (the said
justice's) opinion said city had the
legal right to pass such ordinance;
Your petitioner further represents
unto your honor that all the averments
made by him in said affidavit are true;
that the offense as alleged has been
committed against the laws of the
state of Florida by the said John G.
Oliver within said Justices district.
and that the said r. L. Ncikelsen, JUS
tice of the peace in and for said county
and state. acted wrongful1y, and still
acts wrongfully and contrary to his
duty, in refusing and declining to issue
said warrant of arrest;
That the premises considered, your
petitioner has complied with every
condition and requirement OF the law
emitting him to the performance of the
off cial act demanded, and it was and
is the duty of the said r. L. Nickelsen
as justice of the peace in and for said
Second Justices district of the said
county of Escambia, to issue said war
rant of arrest, to sign the same and af-
fix the seal of his said Justices court
thereto, and to do and perform his
other duties in regard to said warrant
as prescribed by law:
Your petitioner further represents
unto your honor that before he applied
to the said r. L. Nicholson for said
warrant of arrest, he personally applied
to the Honorable Scott NJ. Loftin, coun-
ty solicitor in and for said county of
Escambia, who refused, and still re-
fuses, to institute criminal proceedings
against said accused by fling an in
formation in this honorable court of
record charging said accused with said
offense, and who further expressly
stated that even If said Justice of the
peace, or the county judge in and for
said county of Escambia, should issue
a warrant of arrest and, after a pre-
liminary trial or hearing. bind the &C
cused over to this honorable court of
record to answer the charge, he. the
said county solicitor, would refuse to
file an information against said ac-