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Lawyers and the Law
Items of Interest to the Legal Profession.
"The Recorder" will welcome short items concerning lawyers and the law for publication in this column. Personal items, notes of recent cases and rulings will be particularly acceptable.
Speed Trap Case to Supreme Court.
LOS ANGELES, Oct. 6.—The Supreme Court has been asked to settle the speed trap dispute. District Attorney Nelson of Orange county has petitioned the state's highest tribunal for a hearing and review of the District Court of Appeal decision in the case of Victor Fleming against the Superior Court of Orange County (45 Cal. App. Dec. 143).
Nelson hopes to upset the decision of the appellate court and sustain the ruling of Superior Judge F. C. Drumm, who decided, in Fleming's case, that Section 155 of the Motor Vehicle Act, which prohibits speed trap evidence, is unconstitutional and invalid. The Court of Appeal recently reversed the Superior Court and held the legislation was constitutional and valid.
Whether the speed trap returns to use as a legitimate weapon against the speeder or is permanently set aside until such time, if ever, as the state Legislature decides to re-establish it, now hinges on the outcome of the district attorney's appeal.
Nelson argued, in his petition, that the question is one of such vital importance to the people of California that it merits a definite decision by the Supreme Court. The opinion of the Appellate Court, he held, was not definite and decided nothing as to the constitutionality of the act.
Editors Held for Criminal Libel.
FRESNO, Oct. 6.—Assemblyman Charles A. Foster, publisher of the Fowler Ensign, and F. I. Drexler, publisher of the Riverdale Free Press, have been held to answer to the Superior Court at Coalinga on a charge of criminal libel made by L. A. Buchanan, Coalinga City Clerk. Justice B. W. Kilby allowed bond of $1000 previously furnished by each of the editors to stand.
In his decision Justice Kilby said he took the case under advisement on September 12, expecting that a retraction would be printed. He said he now believed that neither editor would publish a retraction. Buchanan filed the charges following publication of an article in Foster's paper, originally printed by the Riverdale paper, claiming that it cast aspersions upon his morals.
Bank Receiver Gets Judgment.
DES MOINES, Oct. 6.—Judgment of $150,000 has been awarded E. M. Corbett as receiver for the Farmers' Bank of Lawton, Iowa, who sued B. K. Younglove, W. H. Rockefeller, Emma J. Rockefeller and C. H. Smith, former partners in the bank. The bank never was incorporated so the partners are responsible, both collectively and individually, for all of the liabilities of the bank.
Judge James to Sit in New York.
LOS ANGELES, Oct. 6.—Judge James of the United States District Court here has gone to New York City, where he has been designated by Mr. Chief Justice Taft to sit for a month on the United States District
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