Los Angeles herald., 1891-02-03

peace ana ex-Omc10 ponce JuOgo,
and that the court must be governed
by the federal census Of 1880. Re-
spondent's position is: First, that the
population OF the city was established
at over 10000 by evidence taken by the
board of supervisors at the time OF the
appointment of his predecessor; and
second, that at the time of his election
and qualification the federal census had
been taken, showing population OF
over 10000 inhabitants. These posi-
tions, however, are taken only in the
briefs, and not in the pleadings. Re-
spondent's demurrer admits the allega-
ton OF the petition, that the city is a
city Of less than 10000 inhabitants, to
be true, and if this court is trial court
whose province is to decide cases, and
not to settle principles, it will be time
enough to determine those questions
when they are properly presented. 1t
will also be time to pass upon the other
questions involved, including the consti-
tutionality of the city ordinance in ques-
ton, when the issues are settled.
The demurrer must be overruled with
the usual time to answer.
NEW SUITS.
F. G. Hentig sues d. Mcfarland and
y. M. G. Marble, as stockholders Of the
Electric Rapid Transit company, for
$l931.75. The complaint sets forth that
Hentig was engaged by the Electric
Rapid Transit company as overseer at a
!aonthly salary of $3.50, and that although
he has worked for the company for nine
months, he has only received $318.
The Los Angeles Terminal railway has
commenced suit against John Brown
and Jakobina Brown, and prays the
court to require the defendants to set
forth their title to 8 lot in the Meyers
tract. tg1 III
O. Z. Tyler and D. l.. Bancroft sue A..
Q. Shafer and A.. 0. Damon to recover
$2342. 80. 5 t9S
aChesley L. Dunlap has commenced
suit against A. G. Shafer and A. O. Da-
mon for the recovery of $1061.90.
NOTES.
The cause OF Lee Chang, alias DR.. Wo
Ling, was continued in the United States
court yesterday.
The second trial of w. G. Lockwood
was set for February 2lst in department
one.
The time for L. B. Cohn to plead was
continued until February 9th.
THE PETTY COURTS.
The preliminary examination OF Frank
Carr, the East-side youth charged with
forging check for $500 on the First
National bank, was again postpo ned by
Justice Austin yesterday afternoon, on
motion of the district attorney, Peter
Backman, material witness for the
prosecution, being still absent in San
Francisco. 1t will come up again for
hearing on the 2lst inst.
A tailor named B. Mendelson was
yesterday fined in the sum of 500 by Po-
lice Judge Austin, for disturbing the
peace, by abusing his wife and child on
Saturday last.
Four Cinnamon were yesterday fined
in the sum of $25 each by Police Judge
Owens, upon their conviction of the
crime of playing dice game. Notice Of
appeal was given in each case, bonds in
the sum of 500 being fled.
On motion of the district attorney the
cases against J S. Taylor and d.
O'Brien, charged with abduction and
perjury, respectively, were dismissed by
Justice Austin yesterday, there being
some question as to that magistrates
jurisdiction in the premises. The de-
fendants were, however, almost imme-
diately rearrested upon warrants charg-
ing them with the same offences, issued
byrTownship Justice Stanton.