The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-03-01
A COURT OF RECORD.
The Governor Signs the Bill
Creating Municipal Courts.
FULL TEXT or THE NEW BILL.
On Tuesday Next the First Term VIII
Bo Opened---No Intermission
Between the Courts.


Claudius ~. Rivers last night from Acting Gov
ernor LAughton:
ssBf1l re-establishing municipal court signed
By me this dsy. Your commission issued and
forwarded to you.
The prompt action Of the state legislature and
of the governor relieves both Seattle and Ia
coma Of possible embarrassment. The new law,
of which synopsis has already been published
by the PosT-IFTELLIGEECER, raises the rank OF
the police court ~ compared with the powers
given Il BY the charter. It becomes . court of
record, empowers the magistrate to empanel .
constitutional jury, to be paid e day for each
man, provides that complaints may be laid BY
civilians, permits the judge to commit offenders
10 the county jail and includes within his juris-
dicfion Ill ofIanses below that of felony.
The judges win, after the expiration Of the
present term, Be elected for four years. and have
greater powers than Justices Of the peace.
Judge Rivers viii Immediately open court
under the new law, and by Its provisions II able
to continue oil cases pending before him az .
fntefmfssion between the two courts. The first
term Of the new court win open on Tuesday
Following Is the text Of the new law:
An act creating and establishing municipal
courts in the cities OF the state OF Washington
having more than 1000 Inhabitants, defining
and describing their jurisdiction. regulating
their practice and procedure, and providing
judges and clerks therefor.
BE Il enacted bv the legisicture Of the state Of
sEcTIos /. There is hereby created in each in
corporated city in this state having population
OF more than 1900 persons, az shown by the
national or state census, municipal court,
which court shall he known and designated as
1.-THE municipal court Of the city of ---,"
for which one judge shall be elected by the
purified electors Of each OF such cities at the
general state election in the year 1892 and every
four years thereafter, and for which clerk
shallbe elected or appointed in the manner
Sec. 2, Said municipal court shall have origi-
nal jurisdiction: First. Of any and all ofenses
under any ordinance OF their respective cities;
second, of al criminal oifenres under the laws
OF the etatc OF Washington, charged to have
been committed within their respective cities,
less than 9 felony; third, the judges of said
magistrate as to all offefises committed within
their respective cities. Wherever tho iurisdic-
ton HEREBY conferred may be exercised by other
courts under the constitution and laws of this
state. the jurisdiction hereby conferred shall be
deemed to be concurrent with such other courts.
Sec. 9. said courts shall be courts OF record,
and shall have seal with the name Of the city
and state, and the style of the court, plainly
engraved thereon. and all process from said
court shall issue under the seal thereof, and
have the power to compel the attendance Of
witnesses, jurors and parties by the usual pro-
cess Of courts OF record of this state and within
the jurisdiction hereby conferred and for the
purpose Of exercising the same, said courts and
the judges thereof shall have all the powers of
the superior courts and the superior judges
law. the practice and procedure OF the inuni-
cipai courts shall be, so far applicable, the
same as that OF the superior courts of this state
and the fees of the witnesses, well all other
costs, shall be the same in amounts, save as
herein provided. and taxed in the same manner
No in superior courts. Change Of venue may be
taken from the municipal court in the same
manner. and for The same cause, as from the
superior court to the superior court of the proper
county.
transaction OF business. except upon nom judicial
days; but shall be considered as holding monthly
terms. commencing on the first Tuesday I'm each
month.
Sec. 6. All criminal process issued from said
court shall be directed to the chief of police,
marshall or other principal officer OF the city,
aud shall be served by him or some other police
Sec. =. The judges of said court shall have
power to prescribe such rules and regulations
BY them shall Be deemed proper, not inconsst.
ent with the laws OF this state.
sec. 8. The judge of said court. together with
the city clerk, shall, the last Tuesday OF each
and every month. select and designate not more
than twelve az persons, duly qualified as jurors
Of said court, to serve therein during the next
succeeding term and until their successors are
selected They shall in writing certify and sign
said list of jurors and shall Immediately file the
same in the Office of the clerk of said court. The
clerk OF said court shall thereupon Immediately
issue venire directed to the chief OF police or
other principal police officer of the city requir-
Ing the attendance OF said jurors in said court
l.
mencement of the. next succeeding term.
which yenire shall be served by
the person to whom directed or by
some police officer by him authorized, not later
than the following Saturday. The clerk shall,
before the commencement of the next term,
write the names of the jurors so selected upon
separate slips OF paper and place the same in a
box, and whenever case is called for trial BY
jury he shall thereupon by lot draw from said
box twelve az, names, and the names of the
jurors drawn shall be the Jury for the trial of
that particular case. unless some of them be ex-
cused upen challenge, peremptory or for cause,
which shall be the same in number and for the
same cause as in the superior court. And when
any of them are so excused the clerk shall draw
from the remaining names in the box
sufficient number to fill the places of
those excused; and in the event that a
jury cannot for any cause he filled and sworn
from the whole number originally summoned,
then the panel may be filed by the bystanders,
or the judge may order the issuing of an open
vepire. IL il appears 10 the court from any
cause that a jury will not be needed at the be-
ginning OF any term. the court may by order dis
pense with the proceedings provided in this Sec
fion.
sec. O. Whenever, during the trial OF any
cause il shall appear to the court that the mat
ter in controversy is beyond the power of this
court to try and determine, the court shall, by
order. direct that the proceedings in the same,
together with the original papers, be certified
and transferred to the court having jurisdiction
To try and determine the same.
Sec. 10. And all process in criminal cases from
said court shall be substantially the same in
form as that of justices courts. All prosecu-
tons for the violation OF any city ordinance
shall be conducted in the name of the city. and
may be upon the complaint of any persons; and
all the prosecutions for the violation of the
criminal laws of the state may be instituted
upon the complaint of any person
sec. IL. The judgments, orders or decisions of
said court may be reviewed and revised in the
superior courts of the state to the same extent
aud in the same manner as judgments, orders or
decisions of the justices courts, and the pro-
redure governing appeals from the municipal
courts TO the superior courts shall be the same
rs that governing appeals from the superior
courfs to tho supreme court
Sec. H. The term of Office of municipal judges
under this act shall be four {il years from and
after the first Tuesday in January next succeed
Ing their election, and until their respective
SUCCESSORS shall have been duly elected and
qualified. Judges of the municipal court shall
be duly qualified electors of the city in which
elected, persons learned in the law, and duly adj
mitted 10 practice as an attorney in the counts
of this state, and before entering upon the du-
Ties of their office, shall take and
other judicial officers, with oath
shall be filed in the Office OF the city clerk
They shall have the general power of judges of
coGrts OF record, may administer oaths, take
and certify acknowledgements, and as con-
SENATORS of the pesee shall have all the author
fty which Is or may hereafter be vested in
justices OF the peace and other judicial officers
There shall be clerk of the municipal court
appointed by the mayor of the city. by and with
The advice and consent of the council, or the
council may, by ordinance, provide for the
election of such clerk. who shall hold
he council may by ordinance provide, and who
shall be subject To removal in the same manner
Is other city officers. Before he enters upon the
iutiss OF his Office be shall take and subscribe
M oath the same as other city officers, and shall
sxecute 70 his city penal bond IN such sum.
aud with such sureties as the council may
Inject. and subject To their approval,
conditioned that he will faithfully account
10 and nav over 10 the treasurer of said