Los Angeles daily herald., 1888-04-24
LEGALLY APPOINTED.
Judge King Clothed with a JUS
tlce,s Pc yeps.

parte case of A. w. Campbell, on
habeas corpus, decid, d the legality Of
the appointment Of Judge A. ]. King
as Justice of the Peace by the Board
of Supervisors in the following Ian
guage:
On the application of the petitioner
a writ of habeas corpus as issued by
the Supreme Court directed to the
Sheriff of the county, returnable be-
fore me on the 18th instant, at 2
o'clock P. NJ. At that time the matter
came on for hearing, Messrs. Hugh j.
and w. Crawford appearing for the
petitioner and Messrs. George w.
Knox and w. F. Henning contra.
The return of the Sheriff was pre-
sented. The return shows that the
petitioner is detained by the Sheriff
under warrant of commit
ment dated April 10, 1888,
made by one A. j. King,
as Justice of the Peace, in and for
the city of Los Angeles, after an ex-
animation of the petitioner upon a
charge Of burglary. A stipulation, in
writing, of the facts was also filed, and
after argument the matter was sub
mitted.
From this stipulation itappears that
prior to the 9th day of April, 1888, the
city of Los Angeles had bat one JUS
tice of the Peace, and that the last
annual election but one Justice was
elected for such city. That on that
day petition was presented to the
Board OF Supervisors of the county of
Los Angeles, asking the Board to de-
termine the fact whether said city
had not twenty thousand inhabitants,
and if so, then to declare the city en-
titled to two Justices of the Peace un-
der Section l03, @. G. P, and to ap-
point some fit and proper person to
that Office for the remainder of the
unexpired term; that the Board after
the examination of witnesses deter
mined that the city had over 20 200
inhabitants and was entitled to two
justices of the peace; that vacancy
existed and duly appointed A. j. King
to the office that he on the 10th day
of April, 1883, duly qualified as such
justice of the peace and thereafter en-
tered upon the discharge of the duties
of said office; that he did as such JUS
tice sit and hold an examination ot
the petitioner herein and held him to
answer the charge of burglary and
that the petitioner is held under the
commitment set forth in the Sheriff s
return.
It's further stipulated that no con-
troversy as to the regularity of the ex-
animation arises, but that the only
questions to be passed on are as to the
legality OF the appointment and the
power of the Board to make it.
1t is not proper that court should
go beyond the issues which properly
arise in the controversy before it and
attempt to adjudicate upon matters
affecting the rights of other parties
not before it and who have had no
opportunity OF being heard, nor is it
proper that court should make a
judgment which it would be unable
to enforce. 1t should therefore con-
fine itself to those questions which
arise between those parties who are
brought before it.
1t is therefore impossible for me in
this proceeding to determine all the
questions which have been argued.
The law provides other remedies for
such cases, and when the court shall
have made a Judgment against the
party before it, the court will then be
able to enforce such Judgment.
Under the Constitution the judicial
power of the State is vested in the
higher courts, justices OF the peace,
etc.
In Sec. IL, Art. WI, it is provided !:
"The Legislature shall determine the
number Of justices of the peace to be
elected in townships, Incorporated
cities and towns, or cities and counties,
and shall fix by law the powers,
s.u,,ie4 and responsibilities of justices
of the peace"
In Section 103, G. G. P, it is pro-
vided that there shall be at least one
Justices Court in each township !;
provided, that the Board of Supervis-
ors may, when the public conven
ience requires it, by order, provide for
the election of two Justices of the
Peace in any township; and it is fur
ther provided: "1n every city having
ten thousand and not more than
twenty thousand inhabitants there
shall be one Justice of the Peace, and
in every city having twenty thousand
and not more than one hundred
thousand inhabitants two Justices of
the Peace, to be elected in like man
ner by the electors of such cities re-
spectively." 1t is true that regularly
under this section the Justices should
be elected at the general election.
1t appears that any city having
twenty thousand inhabitants is enti
tied to two Justices OF the Peace, and
that no mode OF determining the pop
ulation is prescribed by the statutes.
If the statute prescribed any mode
such mode would have to be followed !;
for in such case the mode would be-
come the measure Of the power; but
in the absence of any such prescribed
mode think it clear that in all cases
where the Legislature or any Court,
board or officer is authorized or re-
quired to do any act it is authorized
to adopt any proper mode for the do
ing of it, and when it's power to act
is dependent upon the determination
by it of any other fact it may prelim-
inarily determine such fact, and if,
to determine such fact, it is requisite
that it should acquire any informa-
ton il may seek and obtain such in
formation from whatever source or in
whatever manner it sees proper.
So I think the proposition of this
city is not to be determined by the
United States census of 1880. And
that the action of the Board of Su-
pervisors in determining that the city
of Les Angeles has population OF
over 20, 900 and is under section lO3,
of the G. G. p, entitled to two JUS
tices of the Peace, was proper.
Section 3, of the @. G. p, pro-
vides: eff vacancy occurs in the
office of the Justice OF the Peace the
Board of Supervisors shall appoint an
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