Los Angeles herald., 1891-04-21

In the case OF Minnie Fleming against
S. j. Fleming, suit for divorce, Judge
Mckinley yesterday refused to allow the
PLAINTIFFS motion to require the defend
ant to pay her attorneys fees. Fleming
swore that hiswife had in her possession
all OF the community property.
Quite an incident arose in the court
room. j. G.. Rossiter, Mrs. Fleming's
attorney, passeda note to Fleming which
his wife had addressed to him. Fleming
read it and then wrote an answer upon
the back of it and passed it to Rossiter.
He then changed his mind and asked for
the note. Upon receiving it he tore it
up. This made Rossiter mad, and he
referred to Fleming in uncomplimentary
language. For this the court repri-
manded him, and he apologized.
DIVORCE GRANTED.
About year ago Mrs. M. E. Fassbine
filed petition to obtain divorce from
her husband, F. Fassblne, and after this
the hus band endeavored to settle with his
wife and live with her again. She went
to San Francisco, though, ,and refused to
have anything to do with him. He
| then filed a cross suit, asking for a di-
vorce on the ground of desertion. Judge
Torrance, i'll department three yesterday
allowed the decree to the husband.
CHARGED WITH FORGERY.
The district attorney yesterday filed
an information in department one charg-
ing P. Gonzales with forgery. 1t is
charged thato March Goth he defrauded
Frank Bevione, an Upper Main-street
saloon keeper, by passing upon him a
check drawn on the City bank for 81,
which had been raised to $40.
IN FEDERAL COURTS.
In the United States district court
yesterday Max Roth was arraigned on a
charge OF sending lottery literature
through the mails. demurrer to the
indi ctment was overruled.
Juan Vigiel entered a plea of not
guilty to the charge of selling liquor to
Indians at San Bernardino. He will be
tried April 30th.
Francis Bradley was arrested yester-
day on the charge of selling liquor to
Indians at San Bernardino. He was
held in $3.50 bonds by United States
Commissioner Van Dyke.
SUPREME COURT.
At the session of the supreme court
Yesterday, in the case of Sarah E. Nc
Daniel against Mary Pattison, the
clerk of the superior court of Los An
geles county was directed to send to the
supreme court the original instrument,
claimed to be deed from A. M. to S.
Ell. Pattison. for the inspection of the
court.
The case of De Guyer ct al. against
Banning was argued and submitted.
Upon presentation of license from
the supreme court of Ohio, Charles c..
Davis was admitted to practice.
STREET ASSESSMENT CASE.
Judge Van Dyke yesterday rendered
judgment for the plaintiff in the case ol
the Bituminous Lime Rock Paving COM
pany vs., the Means estate. for the sum
of $3.50. This is an action brought by
the paving company to foreclose an
assessment for paving New High street
in front of the building known as the
Rogers block, adjoining the county Jail.
Upon the argument of a demurrer to
a complaint in this case, Julius Lyons,
attorney for defendant, raised the point
that the general street law, or the So
called Vrooman act, is unconstitutional,
because it is in conflict with section 13,
article II OF the state constitution, which
provides: "The legislature shall not de-
legate to any special commission, pri-
vate corporation, company, association,
or individual any power to make, con-
troll, appropriate. supervise, or in any
way interfere with any county, city,
town, or municipal Improvement,
money, property or effects, whether
held in trust or otherwise, or to levy
taxes or assessments, or perform any
municipal functions whatever.
1t will be recollected that the Vroo-
man act provides that after the assess
ment for any street improvement is
made it shall be turned over to the con-
tractor or his assigns for collection, and
the city has no further control or inter
est in the matter. The contention is
that such collection of such assessment
is a municipal function, and cannot be
delegated.
The court did not pass upon the con-
stitutional question thus raised, because
the complaint was defective in other re-
spects, and the demurrer was sustained
on other grounds.
COURT NOTES.
Judge E. S. Torrance was on the
bench yesterday, in department two.
Judge Clark is sitting for Torrance in
San Diego, for few days.
Judge Wade, yesterday, naturalized
James Tierney, native of Great Brit
ain.
Judge Wade, yesterday, gave judg-
ment in the case of Baught against the
Los Angeles, Utah and Atlantic railroad
and in the case of Mathus against the
same defendants, for the plaintiff.
They were merely condemnation suits.
Justice Stanton, yesterday, fined Vir-
giel Wattell $40 for obtaining none y
under false pretenses.
Alfred j. Crosse was before Justice
Stanton, yesterday, on charge of as
saulting his father-in-law with a knife.
He was held in the sum of $500.
Judge Van Dyke, yesterday, gave
Judgment to the plaintiff in the case OF
the Bituminous Lime Rock Paving COM
pany against Means. 1t was suit to
recover money due for the pavement OF
-. e+ro