Los Angeles herald., 1891-05-19
THE COURTS.
AN INTERESTING DECISION BY THE
SUPREME COURT.
A Matter Involving the Question of Con-
tractors Lien-Notes of Cases Which
Were Acted Upon Yesterday.

|
received yesterday and filed with the
clerk OF the supreme court in this city
The case is entitled Leoard Mayrhofel
VS.. the Board of Education, and was an
action brought to foreclose a lien fol
materials furnished sub-contractor foI
the building of public school house.
/ A final judgment had been entered upon
demurrer to the complaint, and the
plaintiff appealed from the judgment OF
the superior court.
The opinion, after citing the various
statutes and sections of the constitution
relating to liens, goes on to say:
"The government was created and
shaped by the constitution. 1t is not
an end in itself, but mere instrument
tality for public service. Its powers
and functions exist only for the people.
One of its. functions is to enact laws for
the government of the inhabitants
within its limits, thereby affording them
protection and advancing their general
welfare. This property it holds is sim
ply to enable it to perform the service
required of it.
''It is as much devoted to public use
as are the streets and highways, though
in very different way, and it is gener-
ally held by different tenure.
Instead OF being the natural and OBJ
vious conclusion that general law pro-
viding remedies for private individuals
was intended to enable creditor of the
state to seize their property for the sat-
isfaction of his debt, it would be the
most unnatural inference"
Continuing, the opinion says: "Sup-
posing, therefore, as we must, that the
section in the constitution was framed
in view of the well-known rule of con-
struction and in the same instrument,
in which are the other provisions al
luded to, and that it omits to mention
public buildings, it is manifest from the
language itself that they are not in
cluded. 1t would follow that the judg-
ment should be affirmed.
For the reasons given in the forego-
ing opinion the judgments is confirmed. p
COURT NOTES.
Judge Mckinley was on the bench in
department five yesterday forenoon and
listened to a number of motions and
continued few cases. In the afternoon
his honor left for San Bernardino, where
b llO WAli btt al bnO bfldl VI SOul6 EGW6T
cases, the local judge being disqualified.
The cases will no doubt occupy him dur
ing the entire week, and there will be
no court in his department until Satur-
day.
Max Harris was yesterday arraigned
before United States District Judge
Ross on two separate charges of sending
lottery tickets and advertisements
| fnrnnNh tho nnoi1c
of not guilty, and the trials were set for
the 10Th of May and the I'd of June, re-
| spectively.
The case of H. w. Edelman, charged
with presenting fraudulent claim for
services rendered to the county, was
called before Judge Smith, and upon a
showing by counsel that the defendant
was sick and unable to appear, the case
was again placed ON the calendar, to be
called June. 1st.
Max Harris yesterday appeared in
department one of the superior court,
withdrew his appeals in the two cases OF
selling lottery tickets and paid the fines
| formerly imposed, amounting in the
| two cases to $400.
In the United States circuit court the
case of Nightengale ct al. VS.. Milwaukee
Furniture company was called yester-
day, and Judge Ross set Wednesday,
May Goth, to show cause why receiver
should not be appointed.
In the case of Fulton VS.. Jansen, an old
suit which has been before Judge Wade
for some time, a judgment was yesterday
entered for defendant as prayed for.
| Grant Clark, the young man charged
with compounding felony by allowing
himself to be bribed into non attendance
as witness, was examined yesterday
before Justice Austin and discharged,
the court holding that there was no evil
dence of criminal intent.
H. @. Jackson was arraigned before
Justice Austin yesterday on charge OF
fale pretenses. He asked time to plead,
and his case was set for the 22d, with
bonds given in the amount of $500.