Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1881-02-11
The DamOn-Hill Case.
The Decision of Judge Green.

De1eDuant, NIeO. ~. I'LL, moves
to dismiss the case, because, as he
says, the Probate Court lacked jur-
isliction. The contestant claims
that jurisdiction was given by an act
of the Territorial Legislature, ap-
proved Jan. %, 1866, entitled, " An
act relating to elections, and the
mode of supplying vacancies" ="
Laws of 'G5 and 'GG, page 42.) Both
parties concede it TO have been Civ
en- by that act, if at all. Whether
the Legislature had the power to be-
stow it depends upon the constitu-
ton of the judicial system of the
Territory, and the power of the Leg
islature to modify or regulate the
same.
To the Legislature, by an organic
law, is given the power to leSisate
upon "all riehtful subjects OF leg
islation, not inconsistent with the
constitution and laws of the United
States"
The mode of contest here ques-
toned is no doubt a rishtful subject
of legislation, unless it be inconsis-
tent with the constitution and laws
of the United States. No inconsist:
ency with the constitution is suS-
@ested, nor does any appear to me;
nor is any inconsistency urged or
apparent with any law of the United
States, unless it be with the organic
law of the Territory. This organic
law originally existed in the form
of an act creating the Territory. 1t
now exists, incorporated into the re-
vised statutes of the United States.
No alteration ma. rial to our present
inquiry has taken place since its
first enactment. According to that
law the judicial power of Washing
ton Territory "ahall be vested i'll a
Supreme Court, District Courts,
Probate Courts and Justices of the
Deace,' (Revised statutes, Sec.
19O7.) 1t is further provided that
the jurisdiction of these courts
shall be limited by law" (Re-
vised statutes, Sec. 1869 AS the
organic law originally read, the
words Shall be as limited by law"
stood in the place at present occupied
by the phrase shall be limited by
law" The word as" has by mad
~ortcnoo q, utIeI wiso Dreu slipped
out. do not conceive that by this
slip any change has been wrought in
the sense. The original idea was
that the jurisdiction of each Court
should have It's legal limitations.
That idea is preserved in the substi-
tuted phrase.
The meaning of the phrase 4" Linn
tied by law has been considerably
discussed i'll the argument of this
motion. Let us briefly consider it.
A limit is q boundary. To limit is
to bound. Limited by law" means
bounded by law. So far, well and
good. But bounded by what law !?
1 say by law competent to bound.
The organic law thus declares that
the jurisdiction Of each class of Ter
ritorial Courts shall be limited by
such law as is competent to limit it.
What Jaw is competent to limit it !?
First, and pre-eminent, national law.
The organic law of this Territory is
national law. Naturally we turn
inquiringly to the chosen language
of that law, where it constitutes and
classities the various courts.
In classifying the Courts the
classes are named. The names Sc
lected are not novel. They are
names having a definite and accept
ed Specification throughout the ma
ton. Supreme Court" " District
Court" "Probate Court" and Gus
tice of the Peace" are names familiar
to the jurisprudence of the United
States, and are applied in that jur-
isprudence tC well known and speci-
tic sorts of tribunals, and to such
only. A Supreme Court ordinarily
means an appellate Court OF last re-
sort; District Court is n court of
general jurisdiction, or i'll other
words, repository of all jurisdic-
ton save that expressly and exclu-
! sively devolved upon other Courts;
Justice of the Peace is O. magistrate
having cognizance of petty civil
causes, minor misdemeanors, and
preliminary examinations for graver
offences. A Probate Court is tri-
bunal devoted to the probate of
wills, the settlement of decedents
estates, the care of orphans, ap-
prentices and insane persons, and
other cognate matters.
These names must be presumed to
have been used advisedly in franz
ing the organic law. Every provis.
ion in connection with them in that
law consists with such a presump.
ton. 1 conclude, therefore, that in
employing the names Congress in
tended to ordain such Courts as
those names express. To the ex
tent, then, that the names are sutfi
cient to specify and characterize jur