The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1880-11-17

The Cases or Captain White asd Jus-
tiee johnson (Coiorcd) in the Police
Court.

efce Johnson (COfOrcd) fn the Police
| Court.
no MOsE PERSONS TO BE DISCHARGED PROM
THE STATION BY MAGISTRATES
OPINION OF JUSTICE RICHARDSON.
Yesterday morning the continued cases oI
j. johnson, a eolored magistrate OF Jackson
Ward, charged with interfering with and
using insulting language to Captain Thomas
B. White while in the discharge of his duty,
and Captain Thomas b. White, charged
with unlawfulIy interfering with John
johnson while in the discharge OF 1is duty
as a magistrate, were heard in the Police
Court.
The facts as brought out during the ex-
animation were as follows: Last Friday
John Johnson, who is justice OF the PEACE
OF this city, went into the Second police
station-house, in which Israel Merriweatber
was then lawfully confined on charge OF
assault, and calling for the warrant proceed
ed to try the case. He imposed upon the
accused fine Of one dollar, and demanded
that Merriweatber be released. Captain
White, the officer in charge at the station
house, refused to discharge The prisoner.
Some words rben passed, when White told
johnson not to interfere with his business,
and johnson Ietorted by telling him not to
interfere with his business. White threat
ened to arrest Johnson, and johnson dared
him to do so. johnson was then arrested
and locked up by order OF Captain White.
WHAT JUSTICE RICHARDSON SAID.
After all the witnesses had been exam.
ined and the cases submitted to the Court,
POlice-Justice Richardson said that he
wonld consider the two cases together.
After citing the facts az brought out during
the examination he delivered the following
decision
~ consider 1t proper in deciding these
cases to give expression to my opinion upon
some OF the points involved. They present
seeming conflict OF authority between a
justice OF the peace and an executive officer
Of the city in the exercise OF their respec-
tive functions.
"The most important question to be de-
cided is: Were the justice and the police
officer acting in the lawful discharge OF
their duties
Then first az to the justice OF the peace.
Had he authority to try the case and de-
mand the release OF the prisoner upon the
imposition Of fine?
"Justices OF the peace were originally
couservatOrs OF the peace only, and as such
their powers and duties were well under
stood. They were required TO use all pro-
per means 10 Quell disturbances, to prevent
the commission OF crime, and to bring
offenders to justice. From time to time
judicial functions have been conferred upon
them, and all the authority justice OF the
peace IN Virginia has as a judicial officer
is derived from the various statutes giving
him such authority. Justices generally nave
authority 10 examine all persons charged
with felony and other offences committed
against the criminal laws OF the State. Con-
current Jurisdiction with the county and
corporation courts has also been given them
by statute to try and determine Subject to
the right Of appeal by the accused) several
classes of misdemeanOrs.
1.-The authority and jurisdiction Of justices
10 counties where there is no police justice
has been considerably enlarged within the
last ten years, but in cities and towns In
which there Is police justice the iurisdic-
tion Of other justices has been restricted,
and in Richmond il has been confined with
in very narrow compass.
THE LAW CITED.
"Section 106 of our City Charter reads
There shall be appointed by the City Coun
Gil one police justice. The Police
Justice shall hold IA court daily in said cty
(Sunday excepted) IN such place as the City
Council may provide and appoint. The iu
risdiction OF the court shall extend to al
eases arising within the iurisdctional limits
OF the city OF which justice Of the peac,
may take cogniZlnce under the laws OF th(
State. and to all cases arising under th'
charter or ordinances OF the city,
"Section 107 reads There shall b,
elected bv .he qualified voters Of each ware
three justices OF the peace for each ward o
! said city. The SAID Jus
tices of the peace shall be cOnseryatOrs o
the peace within the limits OF the corpora
iion OF Richmond, and shall have the same
powers aud duties within said limits as arr
provided by law in respect to justices o
| the peace In the counties OF this State II
their respective counties. except that no
thing herein contained shall be construed
as yesting in said justices any portion o
the jurisdiction given by this act to th'
Police Justice
Section Of chapter % OF the Crlmina
Procedure, 1878. reads as follows: 'Th'
several police justices and justices Of tn
peace, in addition to the jurisdiction nov
exercised by them as conseryatorS OF tb,
peace, shall have concurrent jurisdiction
with the county and corporation court
OF The State OF all cases OF assault ant
battery not felOnies, petit larceny, I'm
lawful or malicious trespass, lewd ant
lascivious cOhabitation, adultery, forni
cation, keeping house Of ill.fame, cruel
ty to animals, disturbance OF publi
worship, carrying concealed weapons, ant
obstructing highways and bridges, occur
ring within their Jurisdiction, in all which
cases the punishment may be the same a
the said courts are authorized to impose b.
the existing laws; provided that in cltle
and towns In which police justice ha
been or may hereafter be appointed tn
powers and Jurisdiction conferred by thl
act shall not be exercised by any other jus
tice except when acting for and in the stea'
OF the police Justice according to law
"The mere recital OF these several proyi
sions of the law is, | think, all that Is ne
cessary to show that justices OF toe peace il
Richmond have no authority TO try and dc
termne any cise arising under the charte
or ordinances OF the city, or any OF the elias
OF misdemeanors named in the section las
quoted.
THE POLICE JUSTICES OPINION.
81 am therefore Of opinion that Justic
johnson in assuming to try prisoner i
the station-house charged with assault, Q
with a violation OF any ordinance OF th
city, and in demanding his release fror
custody, was not acting in the lawful dl
charge OF his duty, and that the police of
Ger was right in refusing to release his pr
soner.
lam aware that by several Of the ord
nanees Of the city authority is apparent
. Given the justices to try parties for the o