The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-10-17
| COURT In DOUBT.
Judge Rivers First Commit
ment Contested.
THE Writ or HAssAs CORPUS


Tho city police court was inaugufated yestof.
day morning By the presentation Of the nrst
case. james Shea was fined IS for dFunken-
mem, and John Wiley, attorney for the dafend-
ant, objected to the commitment on the ground
that there was no city court, the charter COM
mission having no authority % establish . 20
Hce courk he declares his intsution 70 apply
to Jnatice Humes, Of the superior court, for
writ Of habeas corpu&
Justice Rivens said he had no hesitation aboss
stating his position. He had been elected 70 the
Office ef Justice Of the peace and his term did
not desire 10 give mp the once unless he had
been elscted to another, and that question bad
Teen raised. The state had no reason to conn
plain because section 1,6e6 Of the code Of wash
inpton distinctly and clearly defined bis duties
and jurisdiction, and within them were In
Guided the functions Of police justice. The
city might raise IN objection, Of course, but
1t was not in position 70 until the question Of
validity OF the police court had been settled
II was not an easy matter 70 and ''tess'' case.
1t Was neceasary to select one that was viola
ton Of the city laws, but not the state lava
Drunkenness h one Of these ofienses, and most
Of those 30 charged were only too anxious 10 e.
cape with 1ne without becoming mark for
public attention. James Shea. however, was
willing TO be . martyr, and ct Justice Biver4
request Attorney Wiley undertook his defense.
Upon his cammitpent by Mr.. Rivers. sitting a.
judge Of the city tolice court Mr.. Wiley entered
IN objection, and ater briefly reciting the now
weil-known arguments went TO Judge Stratson,
who issued writ Of habeas corpus returnable
before Judge Humes At 80 o'clock todsy.
The motion for . writ Is . lengthy document,
bur the principal points have been already pre-
eented. Mr. Wiley, however, thinks, after ex.
aiming the Authorities, that he has . strong
case.
II rely in the contention" said he. ssupcn the
argument that the legislature cannot delegate
its powers 70 any other body, and the power to
create cous Is particularly vested in the legis-
lature. The constitution 10 mandatory upon
this subject.
ssIn delegating the power to cities OF the irss
class to frame their own charters, the statute
says they must Be in conformity with the gen.
eral laws Of the state, and the con.
stitution says that all laws Of the ter
ritory remain in forcs until amended or
repealed by the Legislature Now one Of the
existing laws 10 that Justices Of the peace are
specially endowed with Jurisdiction in cities
over all offences against the citys laws or ordi-
nances. and doubt very much II the city has
the power 70 curtail the jurisdiction Of state
ofdcer. such - justice Of the peace IL, or to
deprive him Of any Of the emolument8 Of hiO
once. This the charter certainly stiemptG"
Your attention. Mr.. Wiley, ID directed 70 the
fact that cities OF the second class authorized
to create police court. and In the Law govern
ing cities Of the nns class it il provided that
they shall have al the powers Of other munici-
palities''
'Yes," answered Mr.. Wiley, land know that
has been cited In favor Of the validity Of the
court: bat take It that IL r. clearly IN argu-
ment In our favor II the Legislature said Of
cities Of the second Glass that they shall have
the power 70 create police court, there might
be some force in the illustration. But the law
a d h bvn
ated' The Legislature creates the court itself:
it does not delegate the power to the citiss TO
do 1t
II do not consider that the act Of March u in
section IS even attempts to delegate the power.
1t certainly says that cities Of the first class shall
have the power to provide for the trial Of offend
ers, but the Judicial machinery for that purpose
b already provided By the general laws Affecting
jurisdiction Of justices Of the peace"
"what will be the effect Of deoision that the
police court IL inyslid?'
at viii invalidate al the proceedings q 70
that court There IL no court and no judge. All
city cases can be tried before the justices ex-
actly - they were before, and there win be NO
friction or miscarriage Of justice. Each Of the
Justices Is police justice Of the city Il IL safer
TO proceed under the old law than 10 attempt 70
enforce the new one while there ID doubt a.
every man committed to jail BY the police Judge
might have CAME OF action. whereas the city can
refrain from its assumed right to carry on the
court and be perfectly safe under the state
law"
Mr.. wiley desired 1t known that Justice Rty.
ers was not acting In q refractory msuner. but
desired to preserve strictly legal attitude; and
the proceedings are entirely OF friendly char
acter.
II certainly do not want to hold both ofices. I"
said Mr.. Rivers. "but ii would be rather absurd
to be apparently elected to two ofices and hold
49,
police court 10 Illegal the man viii be set Ct
liberty"
"what in your opinion would b the next
step"
II see NO way but for the city to make another
test case. Even II the court holds the validity
of the police court. doubt If an appeal can b
taken, or ahabeas corpus. bat would prefer 70
look further into that matter - II Is unusual to
say the least"
The objection to the validity of the court il
well known; but what II your opinion on the
subject?"
II certainly would not express an opinion IN.
der the circumstances, but anybody may look
at the authorities The objscrion is based upon
section of article of the state constitution.
which says that the judicial power of the state
shall be vested in . supreme court, superior
courts. justices Of the peace and such Inferior
courts as the Legislature may PROVIDE and Sec
ton II of the same article says the legislature
shall prescribe by law the jurisdiction and DOW
ers Of any Of the inferior courts which may be
established in pursuance OF this constitution
"On the other hand the legislature has il gen.
eral terms empowered cities OF the nfst-class to
provide for the trial. arrest and punishment of
offenders. In the general Incorporation law for
cities and towns under 1000 Inhabitants other
wise described a. cities of the second class, sec
ton 90 of article provides that a police court
10 hereby established in such city: ;
and section OF the law incor-
porsting cities of the first class saws.
Any city adopting charter under the proyi.
sions OF the act shall have ell the powers which
are now or may hereafter be conferred ar on In.
corporated towns or cities by the laws of this
state. and all such powers az are usually exer-
cised by municipal corporations of like charac.
ter ana degree whether the same shall he
specifically enumerated In this act or not
"of course. cities of the first degree are not of
ike degree with cities OF the second class. but a
further section says thai the rule that statutes
OF the common law are to be strictly construed
shall have no application TO the act but the
same shall be literally construed for the pur.
pose of carrying out the objects for which this
act is intended"
Hancock Nsegie, who is expected to succeed
Justice Miller, said yesterday that he could
take no steps in the matter of succeeding Justice
Rivers. he had been sppoi ted 10 fill vacancy
when II occurred. and as Justice Rivers lad not
resigned there was 20 vacancy for him to fill.
THE COUNTY CONTEST.