Los Angeles herald., 1891-03-02
A BLOW AT PROCURERS.
AN IMPORTANT DECISION FROM
THE SUPREME COURT.
Girls in the Custody OF Their Legal
Guardians Protected From the Entice-
ments of Evil Persons.

Couib, vic hISt W TSdCh tiils City SihcC
the commencement OF the railroad block
ade, arrived yesterday, and was placed
on file by the local deputy clerk 1t is
in the case of the People vs. Fowler, and
is Of considerable Importance as affect
ing the rights OF parents over their chill
dren, and being directed against the
vile efforts OF procurers to secure innocent
girls for their prey.
The information charges that the de-
fendant, on the 18th day OF June, 1885,
did unlawfully, wilfully and feloniously
take away one Rosa Keep, then and
there being an unmarried female under
the age OF Is years. to wit, of the age of
IA years, from and out OF the custody OF
Maria Keep, her mother, without the
consent, and against the will OF her said
mother, Tor the purpose of prostitution. !"
Section 267 OF the Penal Code pro-
vides: every person who takes away
any female under the age of Is years
from her father, mother, guardian or
other person having the legal charge of
her person, without their consent, for
the purpose Of prostitution, is punish
able" etc.
The information follows the language
of the statute and is sufficient. 1t al
leges all the acts and facts which the
legislature has said shall constitute the
offense, and is direct and certain, both
as to the party charged. and the particu
lar offense charged. These are tests OF
sufficiency in matters of averment.
1t was not necessary to allege that the
mother had the "legal charge' of the
person OF the girl. One who takes
minor female from the actual custody of
her mother for the purpose of prostitu-
ton, should not be heard to say
that as between the mother and
the father the latter may have had
the better right to the custody of the
child, and may have given his consent.
So long as the child was in the actual
custody of the mother, the latter was
bound by every principle OF law human
ity and parental care to protect her per-
son, and had the legal charge of her per-
son within the meaning of the statute.
Bishop on Statutory Crimes, section
633.)
1t is claimed that the information is
defective because it is not alleged that
the defendant knew the girl was under
age. We think that under this statute
the people are not bonnd to allege or
prove that the defendant knew the girl
was under eighteen years of age. "The
gist of the offense is the taking away of
the child against the will of the person
having lawful charge of her for the pur-
pose OF prostitution" and one who does
so acts at his peril, and cannot defend
himself on the plea of ignorance as to
the age of the child. Bishop S. G. Sec.
632). The law was intended to protect
the family against the assaults of those
who traffic in women for houses OF
prostitution, to save the members there
Of from sorrow and disgrace; and the
court ought to he careful not to construe
the statute go as to deprive it OF any
element of effectiveness in this regard.
| people vs. Demouset, II CAL, 613.l
+--Appellanr urges that s'penal statutes
are to be construed strictly in those
parts which are against defendants, but
literally in those which are in their
favor" Such is always the contention
made and too often followed, but it is no
longer the rule. In former days, when
the law-maker acted upon the idea that
penal legislation was an important factor
in shaping the morals of the people,
many acts trivial in their conseq uences
were declared criminal, and cruel pun
ishments-whipping and even death
were imposed on conviction of ofenses
which are now regarded as mere misde-
meanOrs. The courts as conservators
of the natural and inalienable rights of
the citizen, found it expedient and just
in the administration OF the law to
strictly construe the provisions of penal
statutes, and to resolve every doubtful
question of construction in favor of the
person charged. But the reason for
such rule of construction is no longer
existant, and in this state it has been
repealed by express legislative enact
ment. Section 4 of the penal code pro-
vides: 1.-The rule of the common law
that penal statutes are to be strictly
construed has no application to this
code. All of its provisions are to be con-
strued according to the fair import. OF
its terms, with view to effect its object
and promote Justice"
The concluding words of the informa-
tion are evidently misplaced, and
should have been inserted before in
stead of after the charge OF prior con-
viction, but such misplacement being a
matter of mere form "does not tend to
the prejudice of the substantial right of
the defendant" and is, therefore, i'm
material. (Secs. $50 and 1858, Penal
Code, People We. Biggins, 65 CAL, 564).
1t doubtless occurred through the use
OF blank information with the usual
clause contra formam statuti.
The judgment is regular on its face,
(sec. 1907 penal code), and the court
properly took into consideration the
prior conviction pleaded and confessed,
as shown by the record. (Ex-parte
Young All Cow, 73 Cal. and So; People
vs.. Meyer. Id. 54S.)
Other points made by appellant are not
we'll taken because the appeal is from
the judgmentonly, and there is no bill
of exceptions. Everything complained
of may have been done with the consent
or at the request of the defendant, in
which event, OF course, he could not be
heard to complain.
Judgment affirmed.
PATERSON, J.
We concur: Harrison, j., Garoutte, j.