Sears

The petitioners were convicted in the Justice’s Court of Angels Township, Calaveras County, of discharging an employee of their mine without first paying the wages which were due to him, in violation of the provisions of an act of the legislature regulating the payment of wages by private employers. (Stats. 1919, p. 294, and amendments thereto; 2 Deering’s Gen. Laws of 1931, p. 2241, Act 4743.) Each defendant was fined, with the alternative penalty of one day of imprisonment for each two dollars thereof in the event the fine was not paid. Upon appeal to the superior court the judgment was affirmed. In this petition for a writ of certiorari the jurisdiction of the courts is challenged.

It is contended the justice of the peace who tried the cause was without jurisdiction for the reason that he was not requested by the duly elected justice of that township to try the case as required by section 105 of the Code of Civil Procedure. It is asserted the complaint in the criminal proceeding fails to state a cause of action; that the ability of the defendants to pay the wages demanded was neither alleged nor proved; that the judgment is not supported by the evidence and that the statute…