Marron

This is an appeal from a judgment of the superior court of San Diego county in an action brought for the purpose of determining the validity of certain fees charged by the constable and justice of the peace of San Luis Rey township in that county, for the arrest of “brake-beam tourists” upon charges of “fraudulently evading the payment of railroad fare.” The board of supervisors rejected all items of plaintiff’s bill based upon arrests made upon such charges, and the matter being submitted to the superior court upon an agreed statement of the case, judgment was for the defendant and plaintiff appeals.

It appears from the complaint that plaintiff presented four causes of action, two for his own fees as constable and two for the fees of the justice of the peace which had been assigned to him. His own bills are alleged to have been: For January, 1907, official sendees rendered for defendant in serving process, transporting and feeding prisoners, etc., “aggregating in value” $84.35; for February for the same kind of services, “aggregating in value” $74.70. The justice of the peace’s official services for January are alleged to have aggregated $81 and those for February $66; and the…