Los Angeles herald., 1910-11-08
A LEGAL ADDRESS

The following is addressed to the
members of the legal profession who
will be most concerned about elevat-
ing or supporting inen for judicial Of
flee who do not understand the sci
ence of common law or code pleadings,
or If they do understand, allow bias
to enter their judgment and ravish the
doctrine of starre-decisis. Second dis
trict appellate court candidates-Vic-
tor E. Shaw and w. p. James-are
within the above category. The fol-
lowing is a copy of an information
filed under 474 penal code:
"W. ]. Danford is accused by the
district attorney of Los Angeles coun-
ty, ETC., that said w. ]. Danford on
the 23rd day of December, 1909, at and
in the county of Los Angeles, state of
California, did willfully, unlawfully,
feloniously, knowingly and with intent
to deceive, injure and defraud one G..
j. O'Keefe deliver and cause to be de-
livered to G. j. O'Keefe a certain false
and forged message. which said false
and forged message is in the follow
ing words and figures, to wit:
Dated Telluride, Colo, Dec. %, 09.
To c. ]. OiKeefe, Los Angeles, Cal.
Bonds inquired abort will be redeemed
at par 5000 and interest upon maturity
May, 1910. 1. E. Brown, Cashier
"And which said false and forged
message then and there falsely pur-
ported to have been received hv tele-
graph and from a telegraph office and
from one 1. E. Brown, cashier; that in
truth and in fact the said message
was false and forged, and had not
been received by telegraph, and had
not been received from any telegraph
office, and had not been received from
1. e. Brown, cashier. And that he, the
said w. j. Danford, then and there
we'll knew that said message was false
and forged and had not been received
by telegraph and nod not been received
from any telegraph office and had not
been received from I. e. Brown, cash
ier," contrary to statute, etc. The de-
fendants demurrer shows that a pub
lie offense is not charged; 474 penal
code interdicts several acts and among
them that of "wiilfully delivering or
causing to be delivered to any person
any message falsely purporting to be
received by telegraph, knowing the
same to be false or forged when he de-
livers it."
Observation will show that the in
formation does not charge that Dan
ford knew when he delivered the mes
sage, that 1t was false or forged. The
words then and there used in the
information carry into the context only
the date "23rd Of December and the
venue "Los Angeles county, state of
California" and 10 not enlarge the
in any allegation. So our
federal courts hold in Show VS.. United
States, 165 federal, page 174, and the
United States supreme court so de-
clares. This very appellate court de-
clared on June 81, 1910, in the case of
People VS.. Gordon, II California appel
late, page 20, first paragraph, that the
attorneys in arguing that
the words "then or there were in
definite and may have different mean
ings." were highly hypercritical" and
emphasized the fact that those words
used in the information are "very
and certain" the word
"then" referring to MAY 26. 1910" and
the word there" referring to "the
city and county Of San Francisco"
Such is the law generally and correct
ly applied. But when Danford's case
was before this court 1t was applied
differently. Somebody's OK was being
gored other than the OK OF the South
ern Pacific, to wit Danford. If you
members of the bar unfettered by the
Southern Pacific system can stand for
such judicial conduct then may your
hearts grow as soft as your heads.
Beware of your own OK and that of
your client for you do not know how
soon they will be gored
Respectfully submitted by
VIM. ]. DANFORD.
ADV.