Lefavor v. Ludolph

[146]

JAMES, J.

— Appellant herein petitioned the superior court for the purpose of securing a judgment declaring a newspaper published in the city of Watts to be a newspaper of general circulation, as defined in section 4460 of the Political Code. We quote the section:

“A newspaper of general circulation is a newspaper published for the dissemination of local or telegraphic news and intelligence of a general character, having a bona fide subscription list of paying subscribers, and which shall have been established, printed and published at regular intervals, in the state, county, city, city and county, or town, where such publication, notice by publication, or official advertising is given or made, for at least one year preceding the date of such publication, notice or advertisement. A newspaper devoted to the interests, or published for the entertainment or instruction of a particular class, profession, trade, calling, race, or denomination, or for any number of such classes, professions, trades, callings, races or denominations when the avowed purpose is to entertain or instruct such classes, is not a newspaper of general circulation.”

Section 4462 of the same code contains provisions authorizing this proceeding to be brought. The trial judge determined the facts to be that the newspaper had been published weekly in the city of Watts for the required time, and that it was a newspaper containing general news intelligence as required by the act. A finding followed which recited that the newspaper had been “published and printed” at all such times, “except that for seven issues—being the issues from October 27 to December 8, 1916, inclusive—said newspaper was printed at the city of Redondo Beach, California, and - that said newspaper and its proprietor had no press and no newspaper plant at the city of Watts, California, during the time said newspaper was so printed at said Redondo Beach, and that the then owner of the paper never thereafter printed said newspaper at said Watts, California. That a new management began after the said seventh issue, to wit, December 8, 1916, printing said newspaper in the office of the ‘Observer’ on the press of the ‘Observer’ at Watts, California.” Upon these findings judgment was ordered and entered denying the prayer of the petitioner. From these findings made by the trial judge, it is very apparent that the