Rocky Ford enterprise., 1913-04-04
DEMURRER ovERRULeD
City Must Stand Trial Upon One
Jap Pool Hall Case-Other Taken
Under Amusement

Excepting that the article is wrong in
its premises the following report from
last Saturdays Pueblo Chieftain is in the
main correct. The cases in district court
on this occasion were simply upon the
demurrers filed by City Attorney Minor
to test whether the petitions for manda-
mus were legally sufficient to require an
appearance in court. In one case the
Judge took the question under advisement
and in the other the demurrer was over
ruled, so that the latter will now come to
trial upon date to be yet determined.
Here is the Chieftain report:
1n division B of the district court
Judge ]. E. Rizer, presiding, the time
was almost entirely taken yesterday
in the hearing of mandamus proceed
ings, wherein Y. Masuda was plaintiff
in one. case and X. Nishakawa and B.
Kimugua were plaintiffs in the other.
In both actions the city of Rocky
Ford was defendant. Thomas Hoff-
mire appeared for plaintiff in the first
mentioned case and Frank r. McAlin-
ev in the latter. Rocky Ford was rep
resented by II. NJ Minor, attorney
of that city. There were also present
at the trial G. NJ. .Coffman mayor and
Paul NJ. North, clerk of Rocky Ford.
The plaintiffs are Japanese, and they
brought the mandamus action to COM
Ford to issue them licenses to con-
duct pool halls. 1t was maintained
by the defendant that there were al
ready two pool halls in Rocky Ford,
and the issuing of more licenses for
that purpose to Japanese was detri-
mental to the moral and social well
fare of the city.
In the case of Nishakawa and KIM
ugawa, Attorney McAliney intimated
that there was more or less race pre-
judice influencing the action of the
defendants in the premises. Attorney
Hoffmire followed to great extent
the same lines in presenting his case.
In McAliney's case the court held that
stronger reasons than those presented
would have to be shown by the de-
fendant to refuse the issuance of a
license to the plaintiffs, and the case
represented by Mr.. Hoffmire was ta-
ken under advisement. The defend
ants intimated that the Nishawaka-
Kimugawa case would be taken to a
higher court.
There were about twenty Japs from
Rocky Ford present at the hearing,
all interested in the entcome. NJ. S.
Martin, owner of the building in
which the Japs wanted to open the
pool hall. was also present. City Clerk
North stated that there were 100 Japs
permanent residents of Rocky Ford,
and during the sugar beet season the
Jap population exceeds 200"
Japs Menaclng Arkansas Valley
Commenting upon the above case the
Pueblo Leader says:
The influx of Japanese in the Arkansas
valley is arousing the people of this sec
ton TO action. For some time they have
been encroaehing on land owners around
Rocky Ford and Swink. and so large has
the colony become in Rocky Ford they
now have their own store, and when the
council of that city refused them license
for pool hall they took the matter into
court and demanded the license. The old
time eantaloupe growers of the valley are
free In their statements, because Of the
crooked ways Of these foreigners. the re-
putation of the farfamed Rocky Ford
melon is being injured. The fault does
not lie entirely with the Jap. He cannot
be blamed for wanting to secure land
where he can make big profit. but the
fault rather lies with the lana oWHerS
who will rent MIN the land. They are in
deed short sighted in doing this. for IN the
end the soil will be ruined. the present
nigh standing of the valley as homs
place will be gone. and the land will de-
crease in both productive and market
value. Tne matter, however. is srerious
enough to call for action and action at
once. the land owners who lease to the
Japs should be shown the mistake they
are making. There should be united
action taken by every commercial club.
every business organization. and every
agricultural club IN tns valley. This too
| is a question of the utmost Importance to
Pueblo, for If the Japs increase IN the
proportion in tne Valley during the next
five years as Nthey have IN the past five
the American farmers will be driven out
and the rich and wonderful Arkansas
valley, which is capable of sustaining fifty
tunes its present population. will have no
commercial value to the city. Already
several sections of the valley are aroused.
Rocky Ford has been brought into court
through the Japs. and the people ofSwink
are preparing to take action.
|