Mohave County miner., 1886-05-30
COUNTY COURTS.
Chief Justice Waite's
Opinion on Their
Validity.

=
l.sthrop, who petitiousd' for writ oi
i,sbeas oorpas: The petitioner 10 do
tanned in the territorial prison OF
Arizona upon q warrant VI commit
iaent issued by the county court Of
Cochise cuuuty, under n sentence of
imprisonment on . copviction VI the
crime Of grand larceny, and the ouly
question presented by his petition Ia
whether the territorial legislstnrs VI
. .Arizons bad authority to crests and
establish that court. There il no
question II the jurisdiction VI the
court " try the petitioner for the
t'ffense Of which be WAS convicted IL
the court itself wac rigbtfully
created.
The preciss question fur ast-r1,ins
tio; 10 whether such coorr With
such Jurisdiction is au 'infst .or"
court within the mssuing Of i l,06.
II has -squsl concurrent common Law,
equitable and statutory Jurisdiction
with the district court in all casss,"
aud original concurrent Jurisdiction
with the district courts. j. in all
criminal cases sa uniting to felony,
sad cases Of !misiemsanor not other
"
wise provided for II ia, therefore,
court Of substai sally equal dignity
snd importsnce With the district
court, 90 far Q. Cochise county 10
concerned, bat ), inferior" TO the sa-
rreme court, because that court has
rowsr to review iis Judgments and
DEGREES on appeal. Az every terri
tory 10 by the REVISED Stalutes to be
divided into d,stricts, and - b dis
trict court is TO be held ir each dis
trict, S1906 must BE- 90 construed u
not To exclude district courts in
Arizona territory. STILL ~ district
courts are neither named nor special
ly referred TO in the section, it does
siot follow thst the "infsrior courts"
provided for must b courts inferior
to them. For some reason Congress
saw it in establishing the territorial
government Of Arizona 70 depart from
it's asasl habit Of specifying the
courts in winch the Judicial power
should be vested, and 10 provide that
il sbould b. vested there ina su-
T9eme court to consist Of three
judges, and such inferior courts -
the Legislative council may prescribe.
:. 81, Z Il Stat. 665. In ali other
territories then existing it had bsen
vested in soprsDe court, district
courts, probate courts and in justices
cf the peace" This practice began
with the act sstsblishiug the terri
tsrisl governnent Of Wisconsin,
April ~, 1886, s Stat. 10, c. "a, So,
and it was followed in all the terri
tosial organic acts passed afterwards,
except in thoss icr Arizona and
Alaska In Arizona the provision -
TO the vsssapR Of Judicial power Was
soore Ike that in the organic net Of
Florids. March 81, 1872. Stat. $50,
Z. 13, IS, where it was placed "in two
superior courts and justices of the
peace ~ the Legislative council Of the
territory may from time 10 time es
tablish." This IT was held in Amsri
can Insurance Company W. Csntsr.
! Pet. oil, gave the Legislative eoun-
Gil authority TO establish courts OF
concurrent Jurisdiction with the So
psrior courts, except in respect 10
capital ofensss, ~ to winch BY the
organic act, the jurisdiction OF the
superiof courts has been made OF :
elusive. Tbs language Of Chief
Justice Marshal is, p. IA: This
general grant is common 10 the sa-
perior aud inferior courts, and their
jurisdiction is concurrent, except 20
far rs it may be made exclusive in
either, by other provisions OF that
ststute. The jurisdiction Of the su-
I,erior courts is declared to be sxclu-
sivs over capital offsnses; on every
ether question over which those
courts may take cognizsnce BY virtue
tf this section. concurrent juris-
tlictioi, msy be given to the inferior
courts" TITS ia. az it seems to us.
equally applicable TO the present case
The Legislative power Of the terri
tory extends IN "sll rightful subjscts
Of lsgislst,on moi inconsistent with
the Consultation and laws Of the
United Statsa." This includes the
establishment Of inferior courts"
that u TO say courts inferior to the
sspreme court District courts have
been sstsblished by Congress, but
Congress has not defined their juris-
diction. further than ~ provide
generally that they shall have
chancery ~ we'll rs common law
jurisdiction. According To 6 1885,; the