Daily Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1876-1884, 1882-04-22

iNC EONCIniuk tno uou ruAlA
table" signifying "may or can be,
or worthy to be-" these making
the sentence, dramatically con-
strued, to read: "a person who
plays, or is liable to be punished
by fine, or that he may or can be
punished by fine" etc.; but in no
case, and under no circumstance,
caa it be rendered that he shall be
pHnished-a necessary injunction
to constitute an act a crime, which
is not either prohibited or declared
a crime. 1t is true that If the Sec
tion had read, shall be punished,
those words would have amounted
to n distinct prohibition, aud the
mmission of the act would have
constituted crime.
To BE A LAW To LICENSE.
The most that can be said for
this section is that it Is license to
do the acts enumerated, aud that
some Court-as the Act fixes the
sum from three hundred to two
thousand dollars, and thus leaves
the jurisdiction in doubt, it touch
ing upon the Jurisdiction of Justi-
ces of the Pescs from two hundred
TO five hundred dollars, and the
Superior Court from five hundred
to one thousand dollars-may fix
the rate of license in q sum of not
less than two hundred dollars.
A PREMIUM FOR KEEPING A "Hoa.
GING" GAME.
There ia a further significant fact
| in connection with this Act: 1t is,
that all OF the preceding sections
of the Code, when the offense is
n,ala prohibita, declare the offense,
as also those following section 331,
and in many cases when the Of
Tense is malta in So. Section $50
| and S31 neither prohibit the doing
of the acts enumerated, nor declare
the doing those of an offense, and
do not command a punishment.
The next section (3S2) declares that
q person who shall, by fraud, cheat
or device, or false pretence, while
playing any game of chance, &C.
Quire money or any valuable
thing, is guilty ola misdemeanor,
does not fix any punishment, but
leaves the amount and degree to
the general law for the punish
ment Of misdemeanor.
This lie provided for in Section 10
of the Code, and fixes q sum not
erceeding five hundred dollars, or
imprisonment not erceedin0 sac
months, OF both-the lowest tlDe or
time of imprisonment not stated,
but may be one cent and one min
ute.
Then, if my view in relation to
Sections $50 and 331 are not cor
rect, by the Penal Code man for
dealing a game of chance fairly
and honestly can be mulct in a fine
of one thousand dollars aud impris-
oned one year, whilst one cheating
atthe same game of chance can
only be fined five hundred dollars
and imprisoned six m0nths-cer-
tainly glariDg inconsistency.
IF COURTS CAN LEaIsLATE THEY
CANNOT MAKE EXP0ST FACTO
LAWS.
| BY tracing back We tind the Act
of 1857, for which Section 3Sl Is an
amendment, or is sub.tituted, de.
clared the crime for doing the acts
and commanded the punishment,
and the amendment only went to
striking out the prohibitory clause
and changing shalt be punished to
may be punished.
In giving to the Courts the au.
thority to punish for an act mol
prohibited or declared crime, the
Legislatures have transcribed
their authority-the Constitution
of the State having fixed the law
making power in the Legislature
only.
Could it be claimed for mo-
ment that such power was dele.
gated, then any action taken by
the Court would be obnoxious to
Sec. 16, Article of the Constitu.
ton, which declares that NJ ca
post fdcto law shall ever be passed;
aud the Court could not get juris.
diction of the question until the
act was performed, and then only
could it declare it q crime for the
particular charge.
CLINCHING HIS LINE OF REASON.
, ING.
Section 16 of preliminary provi.
sions to the Codes provides among
other things, that "words anG
phrases are construed according to
, the approved usage of the language
By reference to Worcester anG
Webster, and all other standard
photographers, it will be found
that the above rendition il fully
, sustained, and for these reasons,
sustain the demurrer.
As to the second objection, it ii
fully answered by the case Of the
People vs.. Savisr, in IA CAL, 20.
} ELIJAH STEELE,
Judge OF the Superior Court fol
Siskiyou County, California.
SHAD OUT OF SEAseN.-Charles