In Re Trombley

Petitioner was convicted in a justice’s court in Contra Costa County under three counts of a complaint which charged him with violations of section 216 of the Labor Code in that, having the ability to pay, he wilfully refused to pay the wages due to three of his employees. A fine of $100 and a 30-day jail sentence were imposed on each count, but the jail sentences were to be suspended if, within 48 hours, petitioner paid the amounts alleged to be due as wages in the three counts of the complaint.

The judgment of conviction was affirmed on appeal to the superior court, and petitioner seeks his discharge on habeas corpus claiming that section 216 of the Labor Code conflicts with the constitutional prohibition against imprisonment for debt (Const., art I., § 15); that the justice of the peace who presided at his trial acted without authority; and that the conditions upon which suspension of the jail sentence depended were beyond the power of the justice’s court to impose.

I. Constitutional Prohibition Against Imprisonment For Debt

Section 15 of article I of the California Constitution provides that “No person shall be imprisoned for debt in any civil action, on mesne or final…