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THE INGLESIDE INJUNCTION CASE. Of the legal proceedings growing out of the ordinance passed by the San Francisco Board of Supervisors prohibiting betting on horse racing in San Francisco county, Sundays Examiner says: "The scent of victory is in the nostrils of the racetrack people. They believe they have beaten the police in the legal battle over the enforcement of the anti-gambling ordinance. Judge F. J. Murasky, of the Superior Court, after hearing arguments in the injunction proceedings brought to restrain Chief Lees and his men from entering the Ingleside track, remarked .yesterday that he failed to find any law authorizing a peace officer to break into such a place as Ingleside upon the mere suspicion that a misdemeanor is being committed there. "The matter will be argued at length Dext Friday, and a decision is expected before the next meeting of the Pacific Coast Jockey Club, which begins April 3. "The case was taken before Judge Murasky by Attorney Ach, who sought to have the modification of the injunction issued by Judge Daingerfield on Friday set aside on the ground that the modification was made erroneously and improvidentially. "Attorney Garret W. McEnerney, representing -Chief Lees, said to the court: " The Ingleside racecourse managers are simply attempting to secure protectioa in the violation of an ordinance of the city and county of San Francisco by means of an injunction which they ask from the Superior court. "Attorney Henry Ach, representing the Jockey Club, denied this. He said the so-called ordinance is not even a quasi law, and asserted that so far as he knew, even this quasi law or pretended law, had not been violated. "When District-attorney Murphy attempted to speak on the subject, Mr. Ach objected. He said this was a private suit between the race-horsemen on the one side and Chief of Police Lees on the other. " I do not ask leave of counsel on the other side to appear in this matter, as I feel that I am in the discharge of a public duty, responded Mr. Murphy, and in this he was sustained by the Court. " If the Chief of Police, said Ach. has a Tight to march into the Ingleside racetrack, because he gets into his noddle an idea that somebody is violating an ordinance, he would have an equal right to march into any theater in the city with as many policemen as he pleased to call, and so fill up the house. " Of course, he would have that right, retorted Mr. McEnerney, if he had information that, day after day, illegal performances wore being carried on there. Dont you think toV " In my judgment, no; not unless he is possessed of a warrant, replied Ach. "Judge Murasky said he wished to be satisfied that the Chief of Police had a right to enter a place like Ingleside racetrack without a warrant on his mere suspicion that a misdemeanor was being committed, and requested counsel to direct their arguments and citations to that point, as it was not clear in his mind. "An adjournment was taken until 3 oclock in the afternoon, at which time affidavits were presented setting forth that the order modifying the original junction was not improvidentially made, but that it was signed after a full investigation and discussion of the case by the judge who signed the original injunction. "Judge Murasky said: During the intermission I have made an examination of the code, and I fail to find any law to authorize a peace officer to forcibly enter such a place as Ingleside racetrack upon the mere suspicioa that a misdemeanor is about to be committed, I think the order modifying the original injunction was in some respects in excess of the jurisdiction of the court. "Mr. Ach announced that racing at Ingleside would be suspended for two weeks, and it was agreed that the case should go over until next Friday, the authority of the Chief of Police in the meantime remaining in full force, in accordance with the modified order. "Mr. Ach said he wished to secure a decision as soon as possible, as the loss to his clients by reason of these police raids amounted to about ,000 a day."
