Daily Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1876-1884, 1882-04-11
PEOPLE VS.. REID.
Justice Fishers Jurisdiction Qusstisnsd--Al-
tentative Writ Of Prohibition Issued.

This case being set for trial be.
fere Justice Fisher at l p. M.
yesterday, the defendant, Edward
Reid, charged with violating the
Sunday law. appeared with his
counsel. Messrs. White and God
frey, Deputy District Attorney
Morgan being present on behalf Of
the prosecution. The venire Of
jurors summoned in the case were
also present.
Before any proceedings were had
an alternative writ Of prohibition,
issued out of the Superior Court,
was served by Sheriff Rowland, re-
straining Justice Fisher from any
further proceedings until Monday,
April 17tb, at which time he is or
dered to appear and show cause
why the restraining order should
not be made perpetual. The above
order is founded on the following
affidavit filed In Judge Sepulveda's
department of the Superior Court:
In the Superior Court of Los Anae.
les County, State Of California:
EDWARD KEID)
J. A. FISHER.
Edward Reid, being duly sworn,
dspOses and says: (Here follows a
recital Of the acts creating the of.
foes OF Justice Of the Peace and
City Justice, and that portion of
the city charter relating to the du.
ties of the Mayor. That
on the = day of -, 1882, a paper
was filed with the defendant, who
claims and pretends to be a Justice
Of the Peace for said Los Angeles
city and to have all the jurisdiction
OF Justice of the Peace conferred
by Law, and that the following is a
true copy of said complaint. Copy
of compIaint,) That on the filing
thereof the said pretended Justice
issued warrant for the arrest of
plaintiff; that he was arrested and
obliged TO give bonds to said pre-
tended Justice to appear before
him at time and place appointed
and then and there defend himself
againsS the alleged charge contain.
ed in said complaint; that said de-
PENDANT, as affisnt is informed and
believes, is not Justice OF the
Peace and has never been elected
to said office and has 10 jurisdic-
ton Of the ofense with which
plaintiff is charged, aud has no
right to exercise the duties of a
Justice of the Peace, but that tho
said defendant pretends to act as
such Justice in said city and to
have jurisdiction of offenses com.
mited IN said city and pretending
to have been elected to said office,
assumes the rights and duties OF
such Justice and has fixed q time,
to. wit, on the 10th day OF April,
1882, at l o'clock P. NJ, OF that day,
to try the plaintiff; that q demand
has been made by the plaintiff on
defendant that he refrain from
trying said case and that
he cease to proceed further
in the matter of the said charge,
but that the said defendant refuses
90 to do. That the said defendant
assumes an excess of Jurisdiction in
said ease in that the plaintiff
has, as shown by said alleged com.
plant, committed an Offsnse
againgt the laws of the State of
California. That unless said de.
PENDANT is restrained from proceed.
ing further herein, affiant will be
put to great expense and annoy.
ance in defending said action, and
the proceedings therein will be
prolonged and delayed so az to re.
suit in great injury to affiant, and
anaant says that there is no plain,
speedy or adequate remedy herein
in the ordinary course of law.
That defendant has for the past
year and longer pretended to exer-
Disc the duties of a Justice OF the
Peace. That the affiant is the
party beneficislly interested.
Therefore affiant prays that an
alternative writ Of prohibition is
sue herein commanding said de-
PENDANT to refrain from further pro-
ceedings in this matter until the
further order OF this Court, and to
show cause before this Court at
such time and place as this Court
may designate why said defendant
should not be absolutely restrained
from any further proceedings in
said matter.
The case is set for hearing before
Judge Sepulveda on Monday, April
18th. Meanwhile, all further pro-
ceedings being stayed before Justice
Fisher, the jurors were discharged
until that date.