People v. Acree

CRAIG, J.

An information filed by the district attorney of Los Angeles County charged the appellant and other persons not parties to this appeal in three counts with violations of section 1, chapter 559, of the Statutes of 1929, which directs that moneys or property put up by an employee or applicant as a cash bond shall be held in trust and forbids its use other than for liquidating accounts between the employee and his employer. A verdict of guilty was returned by a jury upon each of said counts.

Applicants for positions as drivers for an automobile stage line appeared at the office of the defendant and one NuDyke, operating under the name of Associated Service Company, in response to newspaper advertisements of the defendants offering employment; they were advised as to the duties required, that the compensation was at least $28 per week, plus a bonus of five per cent, and that other employees were then making about $200 per month. As conditions to em

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ployment it was testified that each applicant was required to pay NuDyke the sum of $400, which he was informed would be held and used by his employers to indemnify them against loss or damage in operation of vehicles or in handling of moneys collected, and directed to sign an agreement entitled “waiver”; he was also told that such contract and employment were not based upon any representation of the Associated Service Company as brokers. It was agreed that a percentage of the revenue from transportation would be refunded each month until repayment of said $400 and that the employer would thereby relieve the employee from that condition of the employment. Each employee also executed a contract in writing to the company which specified that $400 be paid the employer as an investment, and that for said sum the applicant should receive a job as driver at $4 per day. One of the complaining witnesses who signed in' blank a check for said amount testified, “Mr. Aeree took the cheek up, and when the check came back it was written ‘in cash’ and Mr. Aeree’s name was on it.” One of the three drivers received as compensation $20 for about six weeks’ work, another $15 during a period of about one month, and the third an average of about $1 per week. The driver last mentioned was informed by Aeree “the only chance of getting the money back was to keep quiet and let him hire more drivers and get the money in”. One employee was repaid the sum of $20 when demanded, but no other refund was made.