Los Angeles herald., 1891-08-01
THE COURTS.
Wong Ark Gets Out Of Jail
On Bail.
An Interesting Supreme Court
Decision.
Several Cases Come up in the United
States Court.
Wong Ark Gives Bonds to the Amount of
Ten Thousand Dollars.
Court Notes-New
Gases.


his slave, Goot Cue, was admitted to
bail yesterday in the sum of 10000, in
department one of the superior court.
After Ark's mistrial Attorney Hardesty
applied to Judge Smith for the admis-
sion of his client to bail, Judge Shaw,
who tried the case, not being on the
bench. Judge Smith, however, refused
to make such an order, deeming that it
would be discourteous to Judge Shaw to
do so. Later, Mr.. Hardesty induced
the latter Judge to take the bench for q
few moments and make the order, and
on being informed of this action yester-
day Judge Smith. examined a number
of Chinese merchants and approved the
bonds offered by the Chinaman's coun-
sci.
The following bondsmen qualified
Chu Yick Foo, 5000; Woo Sue, 5000
Charley Fook, $4,000; All Quong, $4,000
Chu Chung, $1,000. The bondsmen are
all merchants, and claim to own brick
buildings in Chinatown erected on
leased land. The bond is probably as
good as the average Chinese bond,
therefore, but the record shows that no
such document has ever yet held. Ark
was at liberty last night for the first
time in nearly six months.
AN INTERESTING DECISION.
A decision reached this city yesterday
from the supreme court in the case OF
George H. Peck and J.. H. Harmon, ap-
pellants, vs.. the Board of Supervisors of
Los Angeles county, respondent, which
affirms the ruling OF the lower court sus-
tanning the demurrer to the complaint.
The decision reads as follows:
'sThis is an application for writ OF
mandate to compel the board of super
visors of Los Angeles to clear off obstruc-
tions, repair, open, put in condition and
keep in condition for public travel, a
portion of road situate in that county.
"A demurrer to the verified petition
was interposed and sustained by the
court below. The applicants declined
to amend, and thereupon Judgment was
entered Diminishing the proceeding. The
appeal is from that judgment.
The demurrer was upon several
grounds, and, in our opinion, was prop
erly sustained for the following reasons :
First. Boards of supervisors have
general supervision over the roads
within their respective counties. They
must lay out and establish such high
ways as are necessary for public con-
venience, and may abolish or aban-
sary. political Code, 2643,
county government act 25 sub, A.. 1t
Is no. stated in the petition, and it in
no way appears therefrom, that the OBJ
structed road had not been abandoned
and discontinued by the respondent
hoard.
1'Second. 1t is made the duty of road
0verseers, under the direction and su-
peavision OF the road commissioners,
and pursuant to orders Of the board of
supervisors, to take charge of the high
ways within their respective districts
and to keep them clear from obstruc-
tions and in good repair (political code
2645 and 1871 ct seq.) 1t is stated in
the petition that the road complained of
is within certain named road district,
but it is not stated that the attention of
the road commissioner or road overseer
had ever been called to the alleged OBJ
struction, or that either of them had
ever been asked to have the obstruction
removed.
"Writs of mandate are issued only to
compel the performance of an act which
the law specially enioins, as duty re-
sulting from an Office, trust or station
(code of civil procedure 1035). The
duty here was upon the road overseer
and he should at least have been made
a party to the proceeding"
The opinion is written by Commits
sioner Belcher and endorsed BY the
court.
UNITED STATES CASES.
Commissioner Van Dyke yesterday
made three decisions in criminal cases
which he has had under consideration,
holding the defendant to answer in each
case to the district court. AlonzO Coons.
who was examined on charge OF send
ing lottery advertisements through the
mails, is held in $780, Norman Melrose
is held in $500 for sending a letter
through the mails on which was written
under the name of the addressed, "de-
fa1lting county clerk" and Delmer A.
sCreae, of Fresno, is held in $3.50 bonds
for depositing ibelous document in
the mails.
COURT NOTES.
Lorenzo Bedoy was yesterday exam
iined for insanity, at the county jail, by
Judge Mckinley and commission in
ilunacg, and committed to the Agnews
saeg7um. Bedoy's is very bad case,
and borders on idiocy.
The supreme court has handed down
an opinion, written by Commissioners
Belcher, affirming the judgment OF the
superior court of this county in the case
of Charlotte Howell vs.. E. G. Burlin-
game. The case was suit for damages
for trespass, and the plaintiff obtained
Judgment for $1,000 against the two de-
PENDANTS, Burlingame and Marsh. The
latter appealed, making the plea that
the evidence did not show that he com.
mitted any trespass, but the lower court
was upheld.
NEW CASES.
MN. Sheldon sues Robert Fletche
ct al. to foreclose a mortgage for $500
executed November 10, 1889.
Henry T. Gage sues John Steere ct al
for the partition Of lots A and B, blocl
1917 Santa Monica, and for the appoint
ment Of receiver.
PINNED THROUGH THE NOSE.
A S~~~<~kxs~~ ~ Radood