The San Francisco Call. Newspaper, April 2, 1899, Page 16

16 THE SAN FRANCISCO CALL, SUNDAY, APRIL 2, 1899. RACETRACK CAMBLERS GET NO' CONSOLATION injunction heretofore issued to restrain the police from breaking into the race- course of the corporation and carrying away law breakers and evidence to se- | cure’ their conviction. When this injunc- INGLESIDE'S HORDE MUST OBEY THE LAW Injunction Dissolved by Judge Murasky. | tion was issued the hands of the police were tied. Later a modification of the In- junction was made by Presiding Judge Daingerfield which gave the police au. thority to enter:/the grounds if they be- lieved a breach of the law was being or was about to be committed. As it was with but little difficulty that the police could bring themsélves to believe that a crime was being committed or was about to be committed, and the belief never proved erroneous, the modification gave the police practically the same freedom enjoyed prior to the issuance of the origi- nal injunction. The Jockey Club went into court and vored to set aside the modification the injunction on various systems of asoning, and during the hearing of this lestion a motion was made on behalf the police to dissolve the original in- unction and set the case for trial on uestions of fact. The motion on behalf the police has been granted. Judge | Murasky has dissolved the injunction and THE POLICE ARE VICTORIOUS ot April S as the date of trial. In its | opinion the-court says that if upon the If It Is Found That the Jockey Club | ring it d’w\.urg that the club is a law o police wrongfully to its irre. ter, anc 1 v Is Breaking the Law, and It |t Is, It Can Have No properts n the hands of the n, o evidence Relief. it is obvious that the club will ex- perience consic Ity in prov- ing that it is not ker and that into llor with it comes the chan * hence trike out parts of the answer, and a motion to set the cause for trial, By at corrupting t retire from loo and corporation m the injunction, as it stands, the its effort to enjoin the po- & ’ 5 e e Joir Ph the hear nly necessary to forever > lice “from interfering wit! Eatablish % the’ club ‘and its % regular course of busi- rights in y. S ‘,h,'.e. x‘,t“u“vxl, he Pacifi In full, sky’s opinion reads: i, neant at Inglesice, Be LRoNS The matters before the court for de » Coast J Club met a first termination are: A m-nllmn to set aside 3 PR z the modification of the in- % defeat yesterday. Next week 3 n; a motion to dissolve the in- % the club w eet its Water- junction' as modified; a motion to defendants are rest ined from enter- as far as conducting ing upon the premises of plaintiff % it in San TFrancisco is con- without its permission or unless they 4 T ot bli have reasonable cause to believe that $8 cerned; at least the gambling, an offense being committed .or_is % the most profitable end. about to be committed thereon. The = - original order restrained them from H er sterday dissolved th ring without permission of plain- ADVERTISEMENTS. Itch! Itch! Itch! liching, Burning, Scaly, Bloichy Humors ~Instantly Relieved “avnd"Speedily Cured by ‘The itching and burning I suffered in my feet and limbs for three years were terrible.”.- At -night they were worse and would keep me awake a greater part of T ‘the night. I'consutted doctor after doctor, as I was travelling lTCHlNG on. the road most of my time, also one of our city doctors. LIMBS. - Noneofthe doctors knew what the trouble was. I'got a lot : iof the different samples of the medicines I had been using. I found themy of so many different kinds that I concluded I would have to go to a Cincirinati haspita] before I would get relief. 1 had frequently been urged to try CUTICURA REMEDIES, but I had no faith in them. My wife finall prevailed upon me fo try them. Prestol What a change! I am now curm{ and it is @ permanent cure. I feel like kicking some doctor or myself for suffer- ing three years when. I could have used CUTICURA remedies. Sept. 11, 1898. H. JENKINS, Middleboro, Ky. Speedy Cure Treatment Bathethe affected parts with hot water and CUTICURA SOAPto cleanse the skin and scalp of crusts and scales, and soften the thickened cuticle. Dry, without hard rubbing, and apply CUTICURA Ointment freely, to Uay itching, irritation and inflammation, and soothe and l, and tly take CUTICURA RESOLVENT to cool and eleanse the blood. This sweet and: wholesome treatment affords instant relief, permits rest and sleep in the severest forms of eczema and other itching, burning, and scaly humors of the skin, scalp, and blood, and points to a speedy, permanent and economical cure when all other remedies and even the best physicians fail. The SET, price $1.25; or SOAP, 25c; OINTMENT, soc, and RESOLVENT, soc. (half size), may be had of all chemists, druggists and stores where mcdicines are sold throughout the world. Send for “How to Cure Itchir> Scaly Humors,” free, of the Sole Props, POTTER DRUG & CHEM. CORP., Boston, Mass. ief will be accorded. |- }lft or “without warrant or process of R Upon the argument it appeared, among a number of incidental prob- lems, that there are involved in the case chiefly two questions: A 1. Is a peace officer empowered by statute or by virtue of his office to en- ter foreibly, without warrant, upon laces such as a racecourse when he has reasonable grounds to belleve that an offense is being or is about to be committed? 2. Will a court of equity interfere? 1. The modified injunction permits Lie defendants to enter upon plain- tiff’s premises upon belief t?flil an of- fense {s being committed, whether the offense be a felony or a misde- meanor. Though the word offense, used in the modified injunction, in- cludes felonies as well as misdemean- ors, and though defendants would be Justified in entering where a felony Wwas being committed, it is apparent {from the pleadings and the arguments of cou el that the “belief’”” of de- fendants was as to the commission of a misdemeanor. To state that a police officer can ar- rest for a misdemeanor only when armed with a warrant, or when the misdemeanor is committed in his resence, is merely to state what has een the common law, without vari ance, for centuries, what is the stat- ute law of this commonwealth, and what is a principle embodied in every set of grievances put forth by the *]Pflhl" from the Bill of Rights to our declaration of Independence. I do not understand that this rule is denied. Under our statutes when a person whe has committed a misdemeanor in the presence of an officer, or who is sought upon a warrant, is within a house, such police officer may forcibly enter such ouse, after having de- manded admittance and stated his usiness. It is claimed by the plain- tiff that these restrictions upon the power of the police are not extended o places where the public gather, even lhnufh such places are private property; but the research of coun- sel, and it has been most diligent, has failed to find in the statute law of the State any provision which distin- guishes the rights of a peace officer when seeking to enter a piace such as is owned by plaintiff from those he has when demanding admission to a hous I am inclined to believe, though, for present purposes, it is nof necessary o to decide, that in this State a peace officer is a creature of the statute, having no existence and no powers except by virtue of the statute. umerous f{llustrations of the la- ntable state of things that would cur were audiences permitted to gather for the purpose of viewing pro- hibited performances without being subjected to intrusion by the police have been cited; but such audiences would be unlawful assemblies, as de- fined by the Penal Code, and unlawful asemblies being crimes against the peace, may be dispersed by the police without warrants. 2. The gist of the case as thus far presented, however, is the right of the }-lumuri to an Injunction pendente ite. The plaintiff comes into a court of equity, where may come only those ‘who are innocent of fraud, of crime, of a violation of law, who are of pure consciences concerning the matter in dispute, and asks to restrain a depart- ment of the municipal government from performing certain acts which the plaintiff alleges will work irre- parable injury to it, and which that department has no right to perform. The plaintiff asserts its innocence and its good intent. The defendants allege that plaintiff is a wrongdoer, a violator of the law. The plaintiff asserts by reason of the acts of the defendants its business has been greatly impaired and that unless defendants are re- strained from continuing their acts the injury to its property will be irre- parable. The defendants allege that the injury to plaintiff’s husiness has arisen from the fact that plaintiff can- not continue in its violations of the law. Plaintiff says the presence of the police deters its patrons from visiting the racecourse. The defendants assert that the absence of poolselling is the absence of the principal inducement offered by the plaintiff to its patrons, and for that reason they remain away. These are the principal issues present- ed by the complaint and the answer of affidavit of defendants. Where greater injury will be inflicted upon plaintiff than upon the defendant by the dissolution of an injunction pendente lite, the injunction should be maintained until the final hearing. Where the contrary result will occur the injunction should be dissolved. If the piaintiff’s allegations are true it will suffer much loss, unless defend- ants are restrained, and defendants will suffer none by the injunction. If, however, the allegation of defendants is true, that plaintiff is a law-breaker, then the injury to the municipality from the continuance of the infunction would he greater than any that can be compensated by money, and therefore greater than any the plaintiff can suffer. Many of the equities of the bill are denied by defendants. It is denied that force was used in entering, or that the entry was without permission, or that there was any interference, except with those actually found in the com- mission of a public offense. Where such an issue is raised it is to be pre- sumed at least for the purposes of a motion to dissolve, that the municipal officers acted within the scope of their authorit, Jnder the circumstances, T believe that the injunction should be diseolved until a hearing upon the fact is had. If upon the hearing it appears that plaintiff is a law respecter, and that defendants wrongfully trespassed upon its property to its irreparable in- jury, full relief will be accorded. The motion to strike out portions of the answer will be denfed. That the matter may be speedily determined the cause will be set for April 3, 1899, for trial, provided such day will suit the convenience of counsel. It is, therefore, ordered: 1. That the injunction. pendente lite be dissolved. 2. That the motion to strike out por- tions of the answer be denied. 3. That the motion to set cause for trial be granted for April 3, 1899. Attorney Garret McEnerney, who, with Judge Mur{:h_\“ represented the police, Eaid after he had examined the decisfon | that he belleved the decision of Judge | Murasky ended the controversy. As the right of the club to seek relief in a court of equity rested solely, according to the | opinion of the court, upon a question of fact, which was easily established in | favor of the police, Mr. McEnerney is of the opinion that there is no escape for the club under the anti-pool ordinance, and that it must either refrain from fur- ther selling or suffer the consequences. Hotel Belvedere. The Hotel Belvedere, under the man- agement of Mrs. A. T. Moore at Belve- dere, opened yesterday for the recep- tion of guests for the summer season. | Increased accommodations have been made in the way of additional suites and single rooms; also several new cot- | tages have been built and will be con- ducted in conjunction ‘with the hotel. 0ld patrons will be pleased to learn that one of the new features of Mrs. Moore’s management will be the addition of a ranch, from which will be supplied her own chickens, butter, cream, eggs, veg- etables, etc. for the use of the hotel. LoR A A e A Wily Chinese. Ah Wan, 723% Sacramento street, swore | to a complaint in Judge Mogan’s court vesterday for the arrest of Ah Ben on the charge of obtaining money by false pretenses. Ah Ben was advanced £105 on the agreement that he would go to Alaska for the season’s fisherles, but | when he should have reported at the ves- | sel to go on the voyage he did not turn | up, and it was ascertained that he was in hiding. e ———— Terror of the Potrero. Mrs. Bridget Kavanagh, who is known to the police as the ‘“terror of the Po- trero,” was sent to the County Jail for six months by Judge Mogan yesterday. She appeared before the Judge several days ago on a charge of vagrancy and he gave her twelve days to mend her ways. Instead of doing so Bridget continued to drink and make trouble and the police brought her in. —————— Patriotism—Channing Auxiliary. . At the Channing Auxiliary, First Uni- tarian Church, Monday, April 3, at 3 o’clock, Chaplain Frederick Brown,a Uni- tarian, of the U. S. 8. Towa will speak on “Patriotism.” Major General Shafter and Captain Edward Selfridge will be pres- ent as guests and Mr. Montague Turner will sing. Mrs. Shafter was formerly a member of the soclety. ————— | 51 campo wit open suaday, apms. | { NEW STATE LIBRARIAN. +-O0+0+0o D9 e00 00000+ 04009+0+0+ 0060606606046 40+0 ? . ‘-050?%52033‘83 SRS NRIRINA R0 RRRNS RN S0 00005 introduction by Thomas Flint, A. B. accepted after some complimentary things had been said about him. On mo- tion of Chairman Ryan, Mr. Gillis was unanimously elected to succeed Mr. Coombs. lifelong Republican. State Library Brown's Cammittee on Ways and Means for two sessions. JAMES. L. GILLIS. AMES L. GILLIS of Sacramento was elected State Librarian to succeed Frank L. Coombs at a meeting of the State Board of Library Trustees held last night in the Union League clubrooms. W. C. Van Fleet, the newly appointed member of the board, took his seat after a felicitous Chairman Frank D. Ryan. There were also present Dr. Lemmon and Bradner W. Lee, members of the board. Mr. Coombs, the retiring librarian, presented his resignation, which was Mr. Gillls is a well-known resident of the capital city, and has been a He is about 45 years of age, and was a deputy in the under Edward McCabe. Under Secretary of State Lou administration he was keeper of the archives and was clerk of the Only San Francisco Agents for Maggioni Kid Gloves The perfection of fit with satis- faction guaranteed to wearer. Oriental Rugs Beautifully and artistically designed con- ventional patterns, in a great variety of colors; ends fringed; size, 28 by g6 inches; oriental in design but domestic in price, $1.50.. Tapestries Two Specials Tapestry, fifty inches wide, suitable for couch coverings, portieres, cushion cevers and all upholstering purposes. Figured satin damask in several designs, also Bagdads in hand- some Oriental effects including the ! g S Persian stri in almost e orings, fifty inches wide, P it shade, 35C a yard 650=Yafd Goods now on display in our windows. 125 to 131 Kearny St. Figured satin Russe Tapestry in many dif- ferent désigns and col- ~ Particular attention is called to 200 Tailor Suits that 1 will offer this week for $7.50. ARMAND CAILLEAU, 114-116 Kearny Strect. R O a C Ca S e ® | summated Friday in the purchase by the :Sn\nhern Pacific Company, | H. Mills, of a large tract in I | the consideration being $121. | is the first, of several that have been under | consideration between the parttes named | westward to | 40,000 acr | number of men. | cut a million feet of lumber during the | court appointed a committee to arrange for a e A e ADVERTISEMENTS. e e e~ A R place on sale so lines in Novelty Goods. me elegant new and Plain Dress THREE SPECTALS 52-inch ALL-WOOL ENGL Blues, Grays, Browns FANCY SILK AND WOOL One case (30 pieces) BL full 50 inches wide, 42-inch SILK AND WOOL IMPORTED NOVELTY CRE- PONS, two-tone effects, large raised designs, in Grays, Browns, New Blue, Huntérs’ Green ‘and | Corn Flower Blue, 9.00 Yard. ISH CHEVIOTS, in New and Purple, 1:90 Yard. PLAIDS, in an-elegant va- riety, very latest colorings and exclusive styles, 1:00 Yard. EXTRA SPECIAL. ACK INDIA TWILL SERGE, 75¢ Yard. Regular Price $1.25. WRITE FOR SAMPLES OF ABOVE GOODS. 1892, SUGAR PINE LANDS BOOTH-KELLY LUMBER COM- PANY THE PURCHASER. Means the Launching of a Big Enter- prise in Lane County and Rail- road Development. One of the biggest deals in timber lands in Oregon made for some time was con- Booth-Kélly Lumber Company from the through 'W. ne County, This sale for some time. It is probable that before | the season is over lands-to the aggregate amount of $300,000 may be transferred. The lands purchased are tributary Mill Creek, and_are locatéd .east of and | about sixteen miles from Coburg, the ter- minus of the Oregonian Railway East Side, ‘which runs out from Portland. it is the purpose of the Booth-Kelly Lum- ber Company to construct a railroad from | their newly acquired iands to Coburg, and | the road ultimately. be extended | onnect with the main line | of the California and Oregon R about five miles mnorth of Kugene The latter project will involve some ex pensive bridge work, as several large. streams near the forks of the Willamette will have to be crossed. Should all the lands under negotiation be sold, which is highly probable, the compar will become the owner- of about s, comprising mostly sugar= pine, for which there is a ready market | at_all times. r Frank Buck of Vacaville, Cal., is one of.| the large stockholders in’ the company. This enterprise means the employment of | a large amount of capital and of a large | The company expects. to | to |- season. ———————— Sarsfield’s Anti-Inflammation Salve will cure deep abscesses and all inflammatory swellings. All diseages of this character yield quickly to its influence. Druggists.* ——————— Foresters Elect Delegates. Court Bonita, Foresters of America, at its last meeting, which was one of the largest of the year, elected the following-named delegates to the Grand Court: Joseph Armstrong and John Lynch. The alternates are Frank Powers and D. O'Callaghan. After the election the banquet in celebration of versary. Court 'Seal' Rock has elected Ed J. Coffaney, John F. Ahearn and Fred H. Garnice as dele- gates to the Grand Court, and Walter Talsen L. Thierbach and H. s. B. de Silvia was advanced from senior wo ward to sub-chief, and Charles M. Troppman was advanced from junior to senfor woodward, while B. Hill was elected junior woodward. These officers were installed by Deputy Harry Simon, the court's anni- B DI AN Special Easter French dinner, 50c., at Perini’s Italian Restaurant, 16. Mason st.* ————— Manufacturers to Banquet. The Manufacturers’ and Producers’ As- sociation will hold its -annual. banquet on | the evening of Wednesday, April 12, in the rooms of the Merchants’ Club, on the seventh floor of the Mutual Life building. Over a hundred members have signified their intention of attending, and the! gathering ‘is expected to be productive of much good. Aside from the promotion of good fellowship among the members, it is likely that progressive measures and the future policy of the association will be discussed, although the addresses will be limited to ten minutes each.- Representa- tives of similar bodies on the coast are expected to be present —_————— A Revelation s It will be to you when you smoke a Flor de Heyneman cigar as compared with what you have been smoking, and you will thank us for having called your at- tention to this fine clear Havana cigar. Try one. All first-class stores have Flor de Heyneman cigars in 12%c and 25c sizes.' If your dealer does not carry them send us $3 for a box of 2 Flor de Heyneman Delicjosas, express prepald, and if you do not like them we will refund your money. Heyneman, Brown & Co., 117 and 119 Pine street, sole agents, . =7 BIG SALE OF OREGON i > BAY CITY ROAD ‘RACE: Entries and Handicaps for To-Day’s : .Qycling. Evént. The following are -the ‘entries and handi- caps for .the Bay. Whidelmen's toad race to-day at =on, R..J. Blac] Lind, . scratch; Rusae, Ivan- Treadw Henning, . Charles Rex mann Jr.,: Charles -Grafe; 49 B. Longwill, W, .C.-Ho Jra_Chapman, E. B, L. Dezert; Tom Wel J. Bangs, 1 mijrute. 2 Fleming, 3 minute; hn-F.. Keily; B Charles Schilling, 2 minute: % ‘The riders ang offictals. Will .26 6ver of: Jadgduge boati : The. race sail Leandro; distance sociatéd Cy postponed: oW g t0 Tack es .o Neustadter: Hros. wilk hold. & five:mile” handicap, road ;face. oyer the on: Suriday, Apr seveliteen enitrants;. . with: & from: nothing 0. two : arnfial: affair 1d creates a deal -of -interest-among: friends of “the: riders, Oscar Julius; i den (aecording to issued "a- challen in the world a-pt unlimited; for the and a‘sidé bet, Y Leveler:of - Swes 3} St 4 i is oW 1 Sacramento, i i carespf the Caps n Will:reach-him.. : Ladies! tailor-made’ suits. furcapes, . cloaksy Credit..- M." Rothschild, 211 $utter, -rooms &T. The ifsect population-of & single: cherty tree infested -with aph alculat ed ‘by 4 prominent “eiton to. “be: twelve million g > IN OAK OR MAHOGANY. Our. time is yours to show: ‘tife’;goods Your time i8 ours for:payment. That the atvantage of credit. - THE J. NOONAN " . Furniture Company,’ P 1017-1023 MISSION STREET * @dbove Sixth.: .. Phone,” South 1. ° Open & tnings. - EXTRACIED WITHOUT. ALL WORK. - WARRANTED. CHICAGO DENTAL PARLORS, 248ixth St., Cor. Stovensots ling ‘Elubd: meeting . NEW DRESS PABRICS. * This week we will open up and. -