Los Angeles herald., 1891-09-25
A Decision About Minors Sell
ing Second Hand Books.
The Sur Yuen Murder Trial
Yesterday.
Dispositions in the Itata Case to Be
Taken Today.
Proceedings In the Various Courts
Yesterday = Matters of In
terest- Court Notes.
New Gases.

boy, which proved to have been stolen.
He was convicted by the police Judge
under the city ordinances, and an appeal
was taken to the superior court. The
case has been dragging along, and yes
terday Judge Smith, before whom the
appeal came, rendered decision in the
case, by which the bookseller is cleared
OF the charge. The text of the decision,
which is of more than passing Interest,
is given in full, as follows:
In the superior court of the county of
Los Angeles, state of California, depart
ment six.
The People VS.. L. D. Jones-Appeal.
The defendant was convicted in the
police court under an ordinance of the
city, which is as follows:
An ordinance prohibiting the purchase
of property from minors without the
consent of their parents or guardians.
Sec. l. 1t shall be unlawful for any
person or firm to purchase from minor
any second hand goods, wares or mer-
chandise without the consent of the
parent or guardian of said minor.
The matter is now before the superior
court ON appeal. 1t is contended by de-
fendant that the ordnance is void, as be-
ing in conflict with the general laws of
the state and with the constitution
thereof.
Ii the ordinance is in conflict with the
statutes of our state, it needs no argu-
ment to arrive at the conclusion that it
is void, for this is a fundamental propo-
sition underlying all municipal power.
Section 33, civil procedure, provides a
minor cannot give delegation OF power,
nor under the age of Is, make a contract
relating to real property or any interest
therein, or relating to any personal pro-
perty not In his immediate possession or
control.
Section "a, same code, declares minor
may make any other contract, than as
above specified, in the same manner as
an adult, subject only to his power OF
disatfirmance under the provisions of
this title, and subject to the provisions
OF the titles on marriage, and on master
and servant.
From these sections it is plain that a
minor is authorized to make contracts
in reference to his personal property if
it is in his possession, and after he ar
rives at the age of Is years he can con-
tract freely as to such property, even
though not in his possession. II is true
he can disaffrm his contracts thus made,
but this adds to his rights rather than
restricts them. This, of course, applies
to such minors as are not under legal
guardianship. Then if the statute gives
the minor the right to dispose of his
personal property as above Indicated,
can municipal ordinance take away or
restrict that right? Certainly not.
The ordinance forbids any person from
purchasing any secondhand goods,
wares or merchandise from minors.
The penalty is aimed at the party pur
chasing, and not the minor. 1t s con-
tended that the minor is not prohibited
from selling, but it must be apparent
that, if it is unlawful to buy from him,
the very foundation upon which his
right rests is taken away. Without
purchaser his right to sell is barren
privilege, named in the statute it is true,
but existing only in name, without body
or substance.
1t will be observed the ordinance is
very sweeping in its provisions. 1t does
not propose to deal with articles or sub
iects deleterious to the health or morals,
but puts the ban upon all second hand
goods, wares and merchandise, which
is, we think, a practical denial of the
statutory rights of the minor to con-
tract.
There are other points made IN the
brief OF counsel for defendant, but from
the view here taken, it is not necessary
TO consider them, and therefore the
judgment is reversed and the action dis
missed. B. N. SMITH, Judge.
THE DEFENDANTS STORY.
Yesterday the defense finished its
testimony in the Sur Yuen murder trial,
now going on before Judge Smith. They
did not put in much testimony. The
defendant was on the stand during the
morning and part of the afternoon,
and went somewhat into details in his
denial of the commission of the crime.
He said that he went to bed early in the
evening, and heard his employer, Deck.
grunting in the night as if he was
dreaming. Shortly afterwards he heard
the rattling of pans, but paid no atten-
tion to it and went to sleep. In the
morning he got up and began to pre-
pare for breakfast. He was busily en-
gagged in this when three Cinnamon
rode up, and the investigation ensued
which resulted in the discovery of
the murder. He denied having
had any difficulty with his en-
ployer, and told his story in
: quite straightforward manner. Be-
yond the defendants testimony the de-
tense put in very little testimony, and
the case went to the jury for argument
by 8 80 O'Clock. Mr.. Appel made the
opening argument for the prosecution,
and the case will be resumed this morn
ing, when the other counsel in the case
will make their arguments. The testi-
mony has been completely of circum-
stantial nature, and it is not thought
that the prosecution has made out a
very strong case.
JOE REID GOES TO JAIL.
United States Commissioner Van
Dyke yesterday held the examination OF
Joseph, Reid, of Pomona, charged with
stealing letter from the Pomona post
Office. The testimony showed quite
conclusively that the defendant pur-
loined the letter, he, in fact, having ad-
mitted as much to some OF the wit
nesses. He was held and his bond fixed
at $1,000, which he was unable to give
and went to Jail.
TESTIMONY IN THE ITATA CASE.
On motion OF George J. Denis, in the
United States district court yesterday,
the court directed the taking of deposit
tions this morning at IL O'Clock in the
Itata case. The officers of the cele-