Daily Republican., 1883-11-12
The position Of Mayor Wales.

4 AhO ITDIl
Mayor Wales, taken from the Morn
ing's News, fully explains his position
! and opiHinn IN relation 10 the Munic
pal Court:
To the Editor of the Morning News:
SIR: i0nr reporter has nnintention
ally misrepresented my position toward
the Municipal Court. | did not say
that the Justices Of the Peace have con-
current jurisdiction with that court in
all cases, but only in the matter of issu.
ing warrants and in holding to bail.
The city charter confers sole and ex-
elusive jurisdiction on the Municipal
Court to hear and finally determine all
Offenses enumerated in the 9th section
Of article Is Of the State Constitution,
which shall be committed within the
limits of the city ; but a Justice of the
Peace is not deprived of the power
which he had before the passage of the
new charter 70 issue Il warrant against
any person charged with the commits
sion of one Of the enumerated" often
ses, and to commit the accused person
or to hold him to bail, for a hearing be.
fore the Municipal Court, or other pro-
per tribunal.
The same section of the charter which
gives exclusive jurisdiction to the
Municipal Court to dispose Of the
enumerated" offenses expressly conters
ou the Justices of the Peace the pow or
To sit as committing magistrates in all
such cases, that Is, TO hear the ev dence
against an accused person, and to
commit or hold him to bail for final
bearing before the court, and to this
extent gives them concurrent and cock.
tensive jurisdiction with the court.
The case of "simple drunk he
most common breach of good order, is
not included in the enumerated "
ones, and Justice of the Peace still |
retains the authority to finally dispose
of that class of offenses.
The act creating the Municipal Court |
was designed to establish Police Court |
for the hearing of certain specified mis-
demeanors, and for holding to bail for
other otienses wherein the accused has
a right toa jury trial. My desire, as
well AS my duty, is to have the peace
and good order of the city maintained,
aud whenever, in my opinion, this can.
not be efficiently done through the in
of the Municipal Court,
either from the infrequency of it's ses-
sions, or any defect in the law creating
it, or by the absence of the Judge, it
becomes absolutely necsssary to employ
a Justice of the Peace to aid in enforcing
the law. The Municipal Judge has a
large discretion as to the number of ses.
ions he will hold He may sit daily,
weekly or monthly as he sees fiji, he
being the sole judge of how often it may
he necessary or expetiient to oren his
court for the transaction Of business.
There will, however, be no obstacle in
Jhe way OF the harmonious working of
the new system, if the Municipal Court
will continue open at all seasonable
lines for the issuing of warrants and
he taking of bail and the nearing of
,ases. 1t is important that warran ts 9
should be promptly issued for the arrest I
If disturbers of the peace and of persons |
,harged with the commission of crimes 8
u the city ; and every offend er, high or l
ow, rich or poor, whatever may be his L
alleged offense, ii the latter il no pun a
shable with death, is entitled to
speedy hearing, and If that cannot he
lad he has the constitutional right to
,e admitted to bail without any un-
delay.
The objection-and the only serious
taking cases before Justice of
he peace is that the costs of the pro- I
'eedings are diverted from the city !
reasury into the hands Of the magis. a
rates and the policemen; but this can '
lot always be avoided under the press. n
ire of circumstances requiring immedi. +
tie action, as l have already indicated. a
And as to the suggestion that the police. j
men should pay over all such costs re- n
eived by them to the city Treasurer, if 5
hey should do so, it would be the first
Instance on record of any officer, from
he President of the United States down,
aving surrendered fees or perquistes r.
7hich he was legally entitled to retain. II
he exceptions, If any could be found, OF
'ould only prove tine universally of "
ne rule. JOHN p. WALES. "
Mayors Office, Wilmington, Novem- u
or D. 1883. Is