Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1878-05-31
Recorders of Cities made Justices ofthe
Peace. ex-oficlo, by an Act Of the
Territorial Legislature. Arc
they Courts known
to the Laws

BY reference to proceedings in the
Senate Of the United States, which we
publish, it will be seen that Territorial
Legislatures have authority to create by
special charters municipal corporations
for public purposes. Such as the gov
eminent Of cities aud towns, even under
Sec. 1889 Of the Revised Statutes of
the United States, which authority was
denied by Judge Lewis Of Washington
Territory in the Seattle case, lately re-
ported.
The judicial power in every Territory,
except Arizona, is by law "vested in a
Supreme Court, District Courts, Pro.
bate Courts, and in Justices of the
Peace" Secs. 1907 and 1908 Of the
Revised Statutes. It is not denied
that Territorial Legislatures have no
right or authority to create any other
judicial tribunal than those which Con.
gress have authorized, and here is where
the Legislature Of Washington in en-
acting charters for cities, exceeded it's
jurisdiction, when it attempts to give ju.
dicial power to Recorders Of cities as
such officers. The language of the
charters Of Walla Walla, Vancouver,
Seattle and other Incorporated cities, is
Is follows, relating to Recorders Courts:
"Tho recorder, as to the offences
committed within the city, shall have
like jurisdiction as is or may be confer.
red upon justices Of the peace, and
shall have the same power as Justice
OF the peace to examine and commit
persons brought before him, and charg.
cd with the commission Of offenses with.
in the limits Of the city, to take recog-
nisances to appear and keep the peace,
and to issue all such writs aud processes
as q justice Of the peace may lawfully
do, aud be subject to all the rules gov.
erning justices Of the peace. The re-
corder shall also have jurisdiction over
all violation Of city ordinances, bold to
bail, fine or commit persons found gull.
ty Of any violation thereof"
This language seeks to make new
court with powers and jurisdiction con-
current with those of justices Of the
peace, instead Of making the recorder a
Justice of the peace defacto by virtue of
his election ~ recorder of city, and
under such an act Of the Legislature,
there 10 no wonder that Judge Lewis, as
is reported, deci led that there was no
such court known to the law as re.
corder's court. But Congress has au-
thorized justices Of the peace courts, and
1t has further authorized Territorial
Legislatures to provide for their cleo.
ton 10 any manner they please whether
q recorders, by virtue of which election
they shall be justices Of the peace, or by
direct election as justices Of the peace.
SEQ. 1856 Revised Statutes reads as
follows: Justices Of the peace and all
general officers Of the militia in the sew.
cral Territories shall be elected BY the
people in such manner as the respec-
tire Legislatures may proride BY la,tc !"
IL Is admitted that q Territorial Ley.
islature has power to charter munici>
pal government for the people of town
or city, or district, with different pro-
visions from those of some other town,
city or district in the same Territory
Il Is universally practiced in the Legis.
latures Of all the Territories aud the au
thority is no where Denied. fthe Leg
10 lature sees Ct to authorize the election
Of q justice Of the peace for town OF
city, whose jurisdiction as such justic,
shall not be exercised beyond the limits
Of that town or city. it can so limit hi
jurisdiction with the same propriety a
it eau limit it 10 larger district o
country as to county. 1t can legislat
for the election Of township justice o
the peace. district justice Of the peace
or county justice Of the peace, an,
there is nothing in the organic acts o
the Territories, or 10 any act Of Congress
forbiddiug Territorial Legislature lin
iting the jurisdiction Of that justice I
the town, city, district or county 70
which he was elected. but it cauno
prescribe the amount in controvers
over which he shall have jurisdiction 0
the character Of suits which may be ad
judged BY him, SO as to conflict with tn
extent of jurisdiction already fixed b