The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-02-25
zIID TO BE ILLEGAL.
premo Court Has Decided
B Against Tacoma's Judge.
8 POLICE COURT IN SEATTLE.
$50 Rivers Goes 60 Olympas - hurry
~ etsts Lav 20 Cope VIVA
The Dimeslty.

prhalcstion Of the dispatch from Tacoma IN
6Rday'B Poer-IxTKLLIGENcER was the AYst
f111uation Judge Rivers received that the SUI
& 80 court bad declared ths unconstitutional
~ The Tacoma police court Al II was Gre
~ 81 I charter by virtue Of the same statutory
~ - those given Seattle, the decision If
~ the iatter court equally. Boon sitter the
W charter went into effect . test case was
- before Judge Humes, and be declared the
&c u b valid, the expectation being that IN
~ would be taken 70 the supreme court No
- vas taken By the city, and the decision
- never been questioned since. Yesterday
S1ning Judge Rivers started for Olympia 70
p II securing passage Of bill now before the
: - legislature empowering municipalities Of
- mt class to create police courts. II passed
- House on Saturday and win probably be put
ugh the Senate without delay IN view Of the
81 ~ police court win be held unit. Judge Riyers
m. All prisoners viii be taken before the
sss Of tie peace. and the cases pending win
! september 10 Of last year Lawyer John
y addressed . communication TO the city
"a ell In which he urged that body TO take nd
# nge Of the extra session Of the legislature
court so he couneii dslsysd sesion Sn All
uns too late, and the charter went into effect.
}nmediately after the election Judge Rivers
- ,.i g s se go osHrs e. ss = ns
- illegal. Mr.. Wiley got the consent OF .
lgi1oner named John Reilly, who was convicted
4 ne polics court q drunkenne.. 70 deien d
- case heard before Judge Humes
Nr. Wiley baeed his objections to the validity
q the court npon article Of the constitution,
power Of the state shall be vested in supreme
couft, superior c0urts. justices OF the peace ana
such interior courts = the Legislature may pro
vide" In section II Il says. "The legislature
shall pfescribe By law the jurisdiction and power
Of any Of the inferior courts which may be e.
ssDlished IN pursuance o. tnis eons on. sss
vfsione Of this constitution are mandatory I'M
len By express words they are declared to b
nsla sn1 ne mere e
and no court can be created except by law duly
passed b. the legislature and approved by the
g 81 Ds.f haE
sthere II no such thing ~ . de facto court.
1hese must be . court de jure before there can
- az on!cer de Jure or de facto."
yly % behalf Of the city. maintaining that the
punishment OF criminals was an essential part
q fcvernment. and that without trial there
eooStitution delegated power Of local govern
uent 70 cities OF the first class BY express pro-
vision, including all power conferred by the gem
ogn1 laws upon other municipalities. and that In
a elties Of the second class police court was
Ohblished BY the general laws.
Judge Humes referred 20 the opinion of . Cali
& Gkufa judge. and decided In favor Of the p0lico
een1t There had been IN understanding that
- CO. would be appealed. but after the decis-
~ matters drffted along, the city authorities
oook 70 action. and Judge Rivers did not con-.
66eT that be should be put 70 the expense Of an
oQcoal II seems that somebody at Tacoma has
tkm more interest In the subject, and carried
0eneter 70 the highest court whence the cd.
voe1o decision has come.
Jn1rs Rivers il under bonds, with Messrs.
IhG1O w. Pro4ch and GrffEifh Davies q securi-
~ but there can be no liability II there II no
Huyse Wiley expresses the opinion that the
~ Vim - liable for every dollar that has been
eo1oee4 = fines By Judge Rivers since he took
1Aoonol
m 1o1ge Rivers court since he took the once
oOgoo1ef IA ia1t have been - follows: