Los Angeles herald., 1891-05-10

Etc.
Judge Van Dyke yesterday rendered
an important decision, the case being
that OF M. Saunders VS.. the City of Los
Angeles, in which the latter was some
time since enjoined from further pro-
ceedings in the matter of opening and
widening Third street. A motion by
the city attorney to dissolve the tenn
porary injunction in the case had been
made and came up for the decision of
the court yesterday. Judge Van Dykes
opinion, which will probably apply
equally well to several other streets,
where similar proceedings are being
contested, is as follows:
"The mainOoint on which the COM
plant was upheld and the demurrer
overruled in this case was that the reso-
luton of intention passed by the city
council did not comply with the law
under which the procedure is had to
open Third street, from Main to San
Pedro.
'The present is a motion by the city
attorney to dissolve the temporary in
| anu HO dSdlii urges Jut Ndllulty
of the resolution and the great incon-
venience that will follow If not sus-
tanned by the court, inasmuch as there
are other cases where the resolution of
intention is similar to the one in this
case.
"The court dislikes to be put in the
position OF an obstruction to what may
be deemed public improvements by the
widening or opening of streets, still
property owners have right to resist,
that their property shall not be taken
or damaged for such public purpose
without compliance with the law.
"These proceedings are in invitem,
and the one to be assessed or whose
property is to be taken has a right to
demand that the law shall be strictly
followed, and it is the duty of the court
to see that his demand in this respect is
complied with.
''The act under which the city coun-
Gil proceeded in this case declares that
before ordering any work done or i'm
provement made it must pass resolu-
tion declaring its intention to do 80, de-
scribing the work or improvement and
the land necessary to be taken therefor,
and specifying the exterior boundaries
of the district OF lands to be affected or
benefited by said work or improve
ment, and to be assessed to pay the
damages, costs and expenses thereof.
"The resolution of intention describ-
ing the lands benefited and to be
assessed is as follows:
""All lots and parcels of land fronting
on both sides of Main street to the west
line of Alameda street, waiv-
ing the point that there was
no Third street between the streets
named, it must be evident that merely
drawing line through tract of land
or section of country does not specify
the exterior boundaries of such tract
of land.
'The court cannot make the law to
suit the convenience of parties or even
of the city, but must declare it as made.
If the question were doubtful the argu-
ment of inconvenience might have
weight, but not where there cannot be
any well-founded doubt.
''The motion to dissolve the injunc-
ton must be denied, and it is SO or
dered.'
ROBBERY CASE.
George Trepannier and Truman (other-
wise known as Kid) Lee were on exam
ination before Judge Austin yesterday
on the charge of robbery preferred by
Bertram and Brose, the two young Ger
mans who were held up and relieved of
500, near the Downey-avenue depot of
the Terminal railway, last Sunday even
ing. Lee, it will be remem-
bered, was arrested with several,
companions at about 80 Monday morn
ing for the alleged robbery of one Oscar
Carter, on Ducommun street. The men
were duly examined, but although there
seemed at first to be clear case against
them, the evidence did not seem to pan
out as expected when the witnesses came
to be sworn.
Lee was subsequently arrested on the
second complaint as referred to above,
and on this charge both he and Trepan-
nier were yesterday held to answer by
Justice Austin.
Both defendants, it appeared from the
testimony, had been out to a picnic at
Verdugo, at which Bertram and Brose
had also been present. After the arrival
of the train at 7:33 p. M, the
two Germans claim that they were
assaulted on the depot platform, and
that few minutes later they were held
up on the bridge and forced to hand over
500 in gold, which one OF them, Bertram,
had in his possession. They identified
Lee and his friends as the men they sup
posed at the time to be their assailants.
One or two witnesses also testified re-
garding the scuffie on the platform be-
fore the alleged robbery had taken place.
In their own defense, Lee and Trepan-
min attempted to show, and offered tes-
timony to prove that they were at the
San Fernando depot at the time, or at
least very shortly after the robbery was
said to have taken place. However,
there appeared to be a short
period Of time, perhaps ten minutes,
Immediately after the arrival of the
train, which remained unaccounted
for ard hal;av;no that &ha rnhharv