The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-02-27
NEW POLICE COURTS.
State Law Creating Municipal
Courts in Cities.
DECREE or SUPREME COUNT
Text 81 The Decision - - she Tocena
Police Judge aaA Chief Hsstsses
Of the New NH.

The oct creating and establishing police
courts in cities Of the first class has passed
the state legislature with the emergency
clause, and will 60 into operation imme-
diately. It makes the local police courts
much more important than they were be-
fore, and il it had not been necessary to
avoid delay could have been very Judi
ciously amended. The bill provides that
in cities having moro than 5000 popula-
ton there shall be , municipal court, the
judge Of which shall be elected for four
years. 1t gives tho court original juris-
diction, not only under ordinances, but
the state laws for offenses lower than
felony, with all the powers Of commit
ting magistrate.
A very important provision Is that it
shall be court Of record, and all processes
from said court shall run throughout the
state, land within the Jurisdiction hereby
conferred said courts and the judges
thereof shall have all the powers of the
superior courts and the superior judges"
There are to be twelve mon1lhly terms in
the year; the practice. as in superior
courts, fees of witnesses and costs the same
Is in those courts. Section provides
that twelve jurors shall be called to serve
during each term for such cases a. q jury
trial may be called for. In civil actions,
the procedure of the superior courts is
prescribed, and that of justices courts in
criminal cases, subject to appeal to the
superior courts. The clerk is to be APP
pointed by the mayor, with the approval
Of the council.
The act declares that municipal courts
created by it shall supersede police courts
now existing in any cities to which it ap-
plies; and "when this court shall have
been organized and be in operation. all
actions and proceedings pending in any
such police courts shall be transferred to
this court, and the same shall proceed to .
final determination in this court, as if
commenced therein"
police judge has been elected and is act
ing as such judge, he shall continue to be
judge of the municipal court.
The bill was introduced by Mr., Garrett
son of Pierce county. Judge Rivers, who
went to Olympia to urge immediate pass
age Of tho bill returned last night.
The text of the decision Of the supreme
this legislation has been received in tho
city. It was based upon tho appeal Of
Joseph ClOherty, convicted in the Tacoma
police court Of assault and battery and
sentenced to q term of six months In tho
Pierce county jail.
Inc OeCl0lOus WHICH was WIltteu Oy
Judge Stiles, quotes the contention Of the
city, which Is that made by City Attorney
Lyon in . similar case before the superior
court of Seattle. IAN argument" he com.
ments, sin many respects plausible may
be built upon this foundation" that the
power to erect q court by cities having the
right to frame their own charters is equally
g strong IS the provisions with reference
to courts.
He replies that these favored cities are
to be ct all times subject to tho general
laws of the state. They are not in any
sense erected into independent govern
ments their existence depends upon the
legislative will. A charter framed under
the constitutional provision has no more
force than q legislative charter He refers
to cases cited under the Kansas and New
Jersey laws, but points out that the power
to create courts by the legislature is not an
inherent power which can be delegated.
Az to California, he points out that, al
though several cities have the power to
frame their own charters. they must have
the approval Of the state Legislature.
A very long opinion concludes with the
declaration that the police court of Ia
coma has no legal existence. It il signed
by Judge Stiles and cOncurred in by
Judges Anders, Dunbar, Hoyt and Elmore
The use of the word existence" il very
section II ofthe new police court law where
in it states that all actions and proceedings
in "police courts now existing" shall Be
transferred to and continued in the new
court. If the courts established by the
charters shave no legal existence" then
they are not "now existing" and ques-
ton may be raised a. to the power to trans
fer cases now pending.
It will be . misfortune if all persons con-
victed by the court have to be released, but
that will be better than having any doubt
~ to the legality of their conviction.