Los Angeles herald., 1891-02-04
Highest Of ali IN Ls.vsnhg cru. covt Report, Aug 1882
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ABSOLUTELY PURE
ABSOLUTELY PURE
AMONG THE COURTS.
IMPORTANT DECISIONS HANDED
DOWN IN THE SUPREME COURT.

.
Business in the Federal Tribunals 1.-The
Superior Courts-Notes of Interesting
Legal Matters New CaseE Filled.
The following decisions we're 6led yes
terday in the Office of the local deputy
clerk Of the sWpreme court:
DEPARTMENT ONE. ,s
1884. Russ Lumber and Mill COM
pany vs.. Garrettson ct al, Judgment is
affirmed aAd the court below is directed
upon the filing of the remittitur therein
to allow the plaintiff, as a part'of the
costs upon this appeal, a reasonable fee
for the services OF it's attorney in this
court. Tar sCouRT.
1850. Brock VS.. Pearson ct al, ,judg-
ment and order dsnying q new trial are
affirmed. THES CouRT.
DEPARTMENT TWO.
1857. Fitch VS.. Riverside and Ar
slington Railway company, order is re-
versed and the cause .remanded for a
new trial. THE Court.
1920. Yarnell VS.. City OF Los Ange-
les ct al, Judgment is reversed, with
direction to the superior court to over
rule the demurrer to the complaint.
MCFARLAND, j.
We concur:
nEHAvEN, J..
SHARPsTEIN, j.
The last mentioned decision is very
lmportant one to the citizens at large,
as itreverses that given by Judge Van
Dyke when the question of the legality
of the contract with the City bank as a
depository for the city money was first
raised by Jesse Yarnell, and declares it
to be illegal. The question presented to
the supreme court was, in brief,
whether or not the provisions of section
"A OF the charter OF this city, under
which the city made the kind OF con-
tract provided therein with the City
and the court has decided that they are
not only Unconstitutional, but also in
consistent with the general laws of this
state relating to public officers.
1t will be remembered that for years
past it had been the practice to deposit
the city money in; certain banks, which
did not, however,. pay interest for its
use.
Mayor Hazard was.of the opinion that
the city ought to draw interest on its
idle funds, and he inaugurated suc-
'cessful war to compel the city council to
follow the mandates of the charter, and
loan the money at interest to the high
est bidder. The City bank was awarded
the contract. Then Jesse Yarnell, who.
issinterested in the Bank OF Southern
California, which was one of the favored
repositories under the old system, pro-
ceeded to test the validity of the award,
and commenced suit as q taxpayer for
an Injunction to restrain the city from
carrying out the contract with the City
bank. The city, through it's attorney,
'demurred on the ground that Mr.. Var
nell's complaint did not state facts suffi-
,cient to constitute a cause of action.
Judge Van Dyke sustained the demurrer.
and declined to issue an injunction. Mr..
Yarnell thereupon appealed to the su-
preme court, which reversed the judg-
ment of the lower court, as above stated.
UNITED STATES COURT.
Judge Erskine M. Ross and jury
were occupied nearly the whole of yes
terday in the United States district
court in the trial of the case against
John Davies, charged under secs.
and 4, vol. XIII, chap. lao of the
statutes at large, with having, on August
3ist last, and on several occasions prior
thereto, prevented one Robert Cathcart
from settling upon public lands of the
United States IN Santa Barbara county,
by threatening him witha pistol.
It was learned from the testimony
thatin July last Cathcart filed the pa
pers in a presumption claim on a. piece
of land about eight miles from
Santa Barbara, Immediately adjoin-
ing that upon which Davies resided
with his family. Some months later 1
Davies also fled q pre-emption claim
upon the same piece Of land, and alleg-
ing that he had settled upon it since the
month of June, prevented Cathcartlfrom
doing so by threatening him with a
pistol on several occasions.
A number OF witnesses were exam
ined pro and con, the case being finally
entrusted to the Jury about A O'Clock.
After an hours deliberation the iury
returned with,a verdict Of guilty AGAINST
the defendant, who by his council, J..
d. Beth0ne, ESQ.,, moved the court for
an arrest of Judgment on the ground
that the indictment did not charge any
offense. A motion for q new trial was
also made, and both were continued Tor
argument until Fxiday morning next at
10 o'clock. The court then. adjourned
until that time. and the jury was ex-
cused until 10 o'clock Friday morning,
the defendant being remand6d to the
custody Of the marshAa
SUPERIOR oouRTs.
The case against J. +. Bedwell, charged
with having on June 18th last falsely
impersonated another to.wit one p. E.
king, Of Garvanxa, ii, order to obtain q
horse and buggy from w. g. Holland, OF
the Metropolitan stable. with which to
drive to Downey, was called for trial by /
Judge Smith, in department one, at 10
o'clock yesterday morning.
The prosecution announced itself as
ready to proceed. but the defendant
stated that his counsel, i. M. Damron,
was unable to appear, as he was incar-
cerated in the county jail, and asked for
. continuance until be could SECURE other
counsel. 3.
The court took the defendant to task
pretty sharply for not being prepared,
when Fl. III, Appel. Esq. volunteered to
act as counsel for the defendant. He was
allowed until n ~ ssylock IN ,vhicf ~ v,rr-