The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-02-01
IMPORTANT. LEGAL POINTS.
The Jurisdiction of = Justices OF the Peace
Defined.

The JurisdictIon Of = justices OF the Peace
Defined.
PoRr TOWNSEND, Jan. 31.--Judgo N. b.
Sachs, Of the superior court, yesterday
rendered an important decision upon a
point touching the jurisdiction Of justices
OF the peace. This identical points was
recently raised in the superior court Of
King county, and Judge Lichtenberg psssed
upon il the contrary ruling.
The point is fully stated In the opinion OF
Jldge Sachs, as follows:
- This motion ID for non-suit on part OF the
defendant, claiming that the Justice Of the
peace by whom the case was originally tried
had no jurisdiction. and the facts are these:
The suit was brought 70 recover the sum of $40,
In the justices court OF jefferson county, before
7. n. Halter. justice ri the peace, and was tried
on the 9Th day Of November. A. d. 1884, and
was tried by said court on the 18th day 81 the
same month. and judgment rendered for the
plaintiff. from which judgment defendant APP
peaied 10 this court
Between the time OF the commencement OF
the action and the trial of the cause, towit: on
the 18th day OF November. 1889. Washington
territory became the state OF Washington by
proclamation Of President Harrison, aud the
constitution heretofore voted on by the people
aud as then passed went into operation. That
constitution provides that the superior co art
dic;ion in all cases in which the demand or the
value of the property in controversy amounts 10
$le0. and the constitution further provides for
justices of the peace, the number OF which To DO
elected. and their powers, duties and jurisdic-
ton, TO be prescribed by laws to be passed by
the legislature. Provided, that such iurisdic-
ton granted by the legislature shall not trench
upon the jurisdiction OF superior courts, etc.
Section 2 OF article n, OF the constitution pro-
vides:
"Au laws now in force In the territory OF
Washington, which are not repugnant 10 this
constitution. shall remain in fierce until they ex-
psre by their own limitation or are altered or
repealed by the Legislature. Provided, that
this section shall not be construed rs TO vail
date any act OF the legislature OF Washington
territory granting shore tide lads to aay per
son. company or any municipal or private cor
poration-"
Under the laws OF the territory of Washington
the jurisdiction OF justices OF the peace extended
10 actions involving sums not exceeding 500 in
this class OF By section 2. OF article q of
this constitution. above quoted, this Jurisdic-
ton was continued in force. for the laws then
adopted, aud in regard 10 said Jurisdiction no
way conficted with the constitution, Is that i'm
strument provides tia, the jurisdiction OF jas
tees of the peace granted by the legislature
shall not trench upon the jurisdiction OF the su.
rer!or court according to section 10, of article
4, which is as follows:
.sThe legislature shall determine the number
Of justices OF the peace TO be elected In ncorpor-
a;ed cities or towns and in pFeelnctx and shall
prescribe by Law the tho powers. duties and
jurisdiction of justices Of the PEACE. Provided.
that such jurisdiction granted ty TIE legisla-
tere 80 ell not trench upon the jurisdiction OF
Superior or other eoarss OF record. except that
justices Of the pescc may be police justices 81
incorporated cities and townxs
The jurisdiction granted by the bonner lava Of
the territory Is IA in which the amount
involved does ncs exceed ssse and il CONTINUED
in force by the constitution Itself. Eyen were II
not %. the jurisdiction OF the superior court IN
these cases is not tEsnched upon by the ju.isisc
of the Justice Of the peace The constitution
gives the superior courts original Jurisdiction
Ia eases in which The amount does not exceed
tiea The constitution does lot say exclusive
original jurisdiction IN sueh Gases neither does
II fReAn il. By the light which I cas- Obtain
ssaz tho constitution interpret IL that justices
AZ the peace hsve concurrent 5ari~s iesson with
TIE Sgpet%oE courts IN cases tfvusving over 500
sad neE cxceesing SEA The EEasion for nan-
sa4iE is oxeyrulsa.